Sub. H. B. No. 229 As Reported by the House Agriculture and Natural Resources Committee

As Reported by the House Agriculture and Natural Resources Committee

129th General Assembly

Regular Session

2011-2012

Sub. H. B. No. 229

Representative Buchy

Cosponsors: Representatives Hall, Derickson, Thompson, Maag, Boose, Adams, R., Hayes, Ruhl, Balderson

A BILL

To amend sections 121.04, 121.09, 307.204, 505.266,

1

901.08, 901.43, 903.02, 907.11, 923.41, 923.52,

2

924.52, 941.02, 941.041, 941.14, 942.02, 943.03,

3

943.031, 943.04, 943.05, 943.16, 953.23, 955.35,

4

959.14, 1711.50, 1711.51, 1711.57, 3717.22, and

5

4707.11 and to enact sections 923.411 and

6

3769.0811 of the Revised Code to revise the laws

7

governing agriculture.

8

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 121.04, 121.09, 307.204, 505.266,	9
901.08, 901.43, 903.02, 907.11, 923.41, 923.52, 924.52, 941.02,	10
941.041, 941.14, 942.02, 943.03, 943.031, 943.04, 943.05, 943.16,	11
953.23, 955.35, 959.14, 1711.50, 1711.51, 1711.57, 3717.22, and	12
4707.11 be amended and sections 923.411 and 3769.0811 of the	13
Revised Code be enacted to read as follows:	14

Sec. 121.04. Offices are created within the several	15
departments as follows:	16

In the department of commerce:

17

		Commissioner of securities;		18
		Superintendent of real estate and professional licensing;		19
		Superintendent of financial institutions;		20
		State fire marshal;		21
		Superintendent of labor;		22
		Superintendent of liquor control;		23
		Superintendent of unclaimed funds.		24

In the department of administrative services:

25

		State architect and engineer;		26
		Equal employment opportunity coordinator.		27

In the department of agriculture:

28

Chiefs of divisions as follows:

29

		Administration;		30
		Animal ~~industry~~ health;		31
		Livestock environmental permitting;		32
		Dairy;		33
		Food safety;		34
		Plant ~~industry~~ health;		35
		Markets;		36
		Meat inspection;		37
		Consumer ~~analytical~~ protection laboratory;		38
		Amusement ride safety;		39
		Enforcement;		40
		Weights and measures.		41

In the department of natural resources:

42

Chiefs of divisions as follows:

43

				44
		Mineral resources management;		45
		Forestry;		46
		Natural areas and preserves;		47
		Wildlife;		48
		Geological survey;		49
		Parks and recreation;		50
		Watercraft;		51
		Recycling and litter prevention;		52
		Soil and water resources;		53
		Engineering.		54

In the department of insurance:

55

		Deputy superintendent of insurance;		56
		Assistant superintendent of insurance, technical;		57
		Assistant superintendent of insurance, administrative;		58
		Assistant superintendent of insurance, research.		59

Sec. 121.09. The director of agriculture shall be a person	60
actively identified with agriculture.	61

The chief of the division of animal ~~industry~~health shall be	62
a graduate of a recognized college of veterinary medicine and	63
licensed to practice veterinary medicine and surgery in this	64
state.	65

Sec. 307.204. (A) As used in this section:

66

(1) "Concentrated animal feeding facility" and "major	67
concentrated animal feeding facility" have the same meanings as in	68
section 903.01 of the Revised Code.	69

(2) "Facility" means a proposed new or expanded major	70
concentrated animal feeding facility.	71

(3) "Improvement" means the construction, modification, or	72
both of county infrastructure.	73

(B) A person who proposes to do any of the following shall	74
provide written notification as required under division (C) of	75
this section to the board of county commissioners of the county in	76
which a facility is or is to be located:	77

(1) Establish a new major concentrated animal feeding	78
facility;	79

(2) Increase the design capacity of an existing major	80
concentrated animal feeding facility by ten per cent or more in	81
excess of the design capacity set forth in the current permit for	82
construction or modification of the facility or for installation	83
or modification of the disposal system for manure at the facility	84
issued under section 903.02 or division (J) of section 6111.03 of	85
the Revised Code, as applicable;	86

(3) Increase the design capacity of an existing concentrated	87
animal feeding facility by ten per cent or more in excess of the	88
design capacity set forth in the current permit for construction	89
or modification of the facility or for installation or	90
modification of the disposal system for manure at the facility	91
issued under section 903.02 or division (J) of section 6111.03 of	92
the Revised Code, as applicable, and to a design capacity of more	93
than ten times the number of animals specified in any of the	94
categories in division (H) of section 903.01 of the Revised Code.	95

(C) The person shall notify the board in writing by certified	96
mail of the proposed construction or expansion of the facility and	97
include the following information:	98

(1) The anticipated travel routes of motor vehicles to and	99
from the facility;	100

(2) The anticipated number and weights of motor vehicles	101
traveling to and from the facility.	102

(D) At the request of the board, the county engineer may	103
review the written notification and advise the board on both of	104
the following:	105

(1) Improvements and maintenance of improvements that are	106
reasonably needed in order to accommodate the impact on county	107
infrastructure that is anticipated as a result of the facility,	108
including increased travel or the types of vehicles on county	109
roads;	110

(2) The projected costs of the improvements and maintenance.

111

Not later than ten days after receiving the written	112
notification, the board may request the person to provide	113
additional reasonable and relevant information regarding the	114
impact of the facility on county infrastructure. The person shall	115
provide the information not later than ten days after the request	116
is made.	117

(E)(1) Not later than thirty days after the initial written	118
notification is received by the board, the board shall submit to	119
the person its recommendations, if any, concerning the	120
improvements that will be needed as a result of the facility and	121
the cost of those improvements.	122

(2) Not later than fifteen days after receipt of the board's	123
recommendations, the person shall notify the board either that the	124
person agrees with the recommendations and will implement them or	125
that the person is submitting reasonable alternative	126
recommendations or modifications to the board. If the person	127
agrees with the recommendations, they shall be considered to be	128
the board's final recommendations.	129

(3) If the board receives alternative recommendations or	130
modifications under division (E)(2) of this section, the board	131
shall select final recommendations and submit them to the person	132
not later than thirty days after the receipt of the alternative	133
recommendations or modifications.	134

(F)(1) The board shall prepare a written, dated statement	135
certifying that the written notification required under this	136
section was submitted and that final recommendations were selected	137
regarding needed improvements and the costs of those improvements.	138
The board shall provide the person with the original of the	139
statement so that the person can include it with the application	140
for a permit to install for the facility as required under	141
division (C)(4) of section 903.02 of the Revised Code. The board	142
shall retain a copy of the statement for its records.	143

(2) If the board fails to prepare a written, dated statement	144
in accordance with division (F)(1) of this section within	145
seventy-five days of receiving the initial written notification by	146
certified mail from the person, the person instead shall file with	147
the application for a permit to install for the facility a	148
notarized affidavit declaring that the person has met the criteria	149
established in this section and that a written, dated statement	150
was not received by the person from the board.	151

(G) ~~The~~If the person receives a written, dated statement	152
from the board as provided in division (F)(1) of this section, the	153
person shall construct, modify, and maintain or finance the	154
construction, modification, and maintenance of improvements as	155
provided in the board's final recommendations and with the	156
approval and oversight of the county engineer. If the person fails	157
to do so, the board shall notify the person by certified mail that	158
the board intends to initiate mediation with the person if the	159
person remains out of compliance with the final recommendations.	160

The board shall allow sufficient time for the person to apply	161
for and proceed to obtain, for the purpose of financing the	162
construction, modification, or maintenance of the improvements,	163
exemptions from taxation under sections 5709.63, 5709.632,	164
5709.73, and 5709.78 of the Revised Code or state or federal	165
grants that may be available.	166

If the person remains out of compliance with the final	167
recommendations, the board may initiate mediation with the person	168
in order to resolve the differences between them. If mediation	169
fails to resolve the differences, the board and the person first	170
shall attempt to resolve the differences through any legal	171
remedies before seeking redress through a court of common pleas.	172

(H) If the person subsequently submits an application under	173
section 903.02 of the Revised Code for a permit to modify the	174
facility, or if the routes of travel to or from the facility	175
change for any reason other than road construction conducted by	176
the county, the board or the person may request that additional	177
information be provided in writing and shall proceed as provided	178
in this section for the notification and recommendation	179
proceedings.	180

Sec. 505.266. (A) As used in this section:

181

(1) "Concentrated animal feeding facility" and "major	182
concentrated animal feeding facility" have the same meanings as in	183
section 903.01 of the Revised Code.	184

(2) "Facility" means a proposed new or expanded major	185
concentrated animal feeding facility.	186

(3) "Improvement" means the construction, modification, or	187
both of township infrastructure.	188

(B) A person who proposes to do any of the following shall	189
provide written notification as required under division (C) of	190
this section to the board of township trustees of the township in	191
which a facility is or is to be located:	192

(1) Establish a new major concentrated animal feeding	193
facility;	194

(2) Increase the design capacity of an existing major	195
concentrated animal feeding facility by ten per cent or more in	196
excess of the design capacity set forth in the current permit for	197
construction or modification of the facility or for installation	198
or modification of the disposal system for manure at the facility	199
issued under section 903.02 or division (J) of section 6111.03 of	200
the Revised Code, as applicable;	201

(3) Increase the design capacity of an existing concentrated	202
animal feeding facility by ten per cent or more in excess of the	203
design capacity set forth in the current permit for construction	204
or modification of the facility or for installation or	205
modification of the disposal system for manure at the facility	206
issued under section 903.02 or division (J) of section 6111.03 of	207
the Revised Code, as applicable, and to a design capacity of more	208
than ten times the number of animals specified in any of the	209
categories in division (M) of section 903.01 of the Revised Code.	210

(C) The person shall notify the board in writing by certified	211
mail of the proposed construction or expansion of the facility and	212
include the following information:	213

(1) The anticipated travel routes of motor vehicles to and	214
from the facility;	215

(2) The anticipated number and weights of motor vehicles	216
traveling to and from the facility.	217

(D) At the request of the board, the county engineer may	218
review the written notification and advise the board on both of	219
the following:	220

(1) Improvements and maintenance of improvements that are	221
reasonably needed in order to accommodate the impact on township	222
infrastructure that is anticipated as a result of the facility,	223
including increased travel or the types of vehicles on township	224
roads;	225

(2) The projected costs of the improvements and maintenance.

226

Not later than ten days after receiving the written	227
notification, the board may request the person to provide	228
additional reasonable and relevant information regarding the	229
impact of the facility on township infrastructure. The person	230
shall provide the information not later than ten days after the	231
request is made.	232

(E)(1) Not later than thirty days after the initial written	233
notification is received by the board, the board shall submit to	234
the person its recommendations, if any, concerning the	235
improvements that will be needed as a result of the facility and	236
the cost of those improvements.	237

(2) Not later than fifteen days after receipt of the board's	238
recommendations, the person shall notify the board either that the	239
person agrees with the recommendations and will implement them or	240
that the person is submitting reasonable alternative	241
recommendations or modifications to the board. If the person	242
agrees with the recommendations, they shall be considered to be	243
the board's final recommendations.	244

(3) If the board receives alternative recommendations or	245
modifications under division (E)(2) of this section, the board	246
shall select final recommendations and submit them to the person	247
not later than thirty days after the receipt of the alternative	248
recommendations or modifications.	249

(F)(1) The board shall prepare a written, dated statement	250
certifying that the written notification required under this	251
section was submitted and that final recommendations were selected	252
regarding needed improvements and the costs of those improvements.	253
The board shall provide the person with the original of the	254
statement so that the person can include it with the application	255
for a permit to install for the facility as required under	256
division (C)~~(4)~~(5) of section 903.02 of the Revised Code. The	257
board shall retain a copy of the statement for its records.	258

(2) If the board fails to prepare a written, dated statement	259
in accordance with division (F)(1) of this section within	260
seventy-five days of receiving the initial written notification by	261
certified mail from the person, the person instead shall file with	262
the application for a permit to install for the facility a	263
notarized affidavit declaring that the person has met the criteria	264
established in this section and that a written, dated statement	265
was not received by the person from the board.	266

(G) ~~The~~If the person receives a written, dated statement	267
from the board as provided in division (F)(1) of this section, the	268
person shall construct, modify, and maintain or finance the	269
construction, modification, and maintenance of improvements as	270
provided in the board's final recommendations and with the	271
approval and oversight of the county engineer. If the person fails	272
to do so, the board shall notify the person by certified mail that	273
the board intends to initiate mediation with the person if the	274
person remains out of compliance with the final recommendations.	275

The board shall allow sufficient time for the person to apply	276
for and proceed to obtain, for the purpose of financing the	277
construction, modification, or maintenance of the improvements,	278
exemptions from taxation under sections 5709.63, 5709.632,	279
5709.73, and 5709.78 of the Revised Code or state or federal	280
grants that may be available.	281

If the person remains out of compliance with the final	282
recommendations, the board may initiate mediation with the person	283
in order to resolve the differences between them. If mediation	284
fails to resolve the differences, the board and the person first	285
shall attempt to resolve the differences through any legal	286
remedies before seeking redress through a court of common pleas.	287

(H) If the person subsequently submits an application under	288
section 903.02 of the Revised Code for a permit to modify the	289
facility, or if the routes of travel to or from the facility	290
change for any reason other than road construction conducted by	291
the township, the board or the person may request that additional	292
information be provided in writing and shall proceed as provided	293
in this section for the notification and recommendation	294
proceedings.	295

Sec. 901.08. The director of agriculture shall appoint a	296
chief of the division of administration, a chief of the division	297
of animal ~~industry~~health, a chief of the division of livestock	298
environmental permitting, a chief of the division of dairy, a	299
chief of the division of food safety, a chief of the division of	300
markets, a chief of the division of plant ~~industry~~health, a chief	301
of the division of weights and measures, a chief of the division	302
of meat inspection, a chief of the division of consumer ~~analytical~~	303
protection laboratory, a chief of the division of enforcement, and	304
a chief of the division of amusement ride safety.	305

Sec. 901.43. (A) The director of agriculture may authorize	306
any department of agriculture laboratory to perform a laboratory	307
service for any person, organization, political subdivision, state	308
agency, federal agency, or other entity, whether public or	309
private. The director shall adopt and enforce rules to provide for	310
the rendering of a laboratory service.	311

(B) The director may charge a reasonable fee for the	312
performance of a laboratory service, except when the service is	313
performed on an official sample taken by the director acting	314
pursuant to Title IX, Chapter 3715., or Chapter 3717. of the	315
Revised Code; by a board of health acting as the licensor of	316
retail food establishments or food service operations under	317
Chapter 3717. of the Revised Code; or by the director of health	318
acting as the licensor of food service operations under Chapter	319
3717. of the Revised Code. The director of agriculture shall adopt	320
rules specifying what constitutes an official sample.	321

The director shall publish a list of laboratory services	322
offered, together with the fee for each service.	323

(C) The director may enter into a contract with any person,	324
organization, political subdivision, state agency, federal agency,	325
or other entity for the provision of a laboratory service.	326

(D)(1) The director may adopt rules establishing standards	327
for accreditation of laboratories and laboratory services and in	328
doing so may adopt by reference existing or recognized standards	329
or practices.	330

(2) The director may inspect and accredit laboratories and	331
laboratory services, and may charge a reasonable fee for the	332
inspections and accreditation.	333

(E)(1) There is hereby created in the state treasury the	334
animal and consumer ~~analytical~~protection laboratory fund. Moneys	335
from the following sources shall be deposited into the state	336
treasury to the credit of the fund: all moneys collected by the	337
director under this section that are from fees generated by a	338
laboratory service performed by the department and related to the	339
diseases of animals, all moneys so collected that are from fees	340
generated for the inspection and accreditation of laboratories and	341
laboratory services related to the diseases of animals, all moneys	342
collected by the director under this section that are from fees	343
generated by a laboratory service performed by the consumer	344
~~analytical~~protection laboratory, all moneys so collected that are	345
from fees generated for the inspection and accreditation of	346
laboratories and laboratory services not related to weights and	347
measures, and all moneys collected under Chapters 942., 943., and	348
953. of the Revised Code. The director may use the moneys held in	349
the fund to pay the expenses necessary to operate the animal	350
industry laboratory and the consumer ~~analytical~~protection	351
laboratory, including the purchase of supplies and equipment.	352

(2) All moneys collected by the director under this section	353
that are from fees generated by a laboratory service performed by	354
the weights and measures laboratory, and all moneys so collected	355
that are from fees generated for the inspection and accreditation	356
of laboratories and laboratory services related to weights and	357
measures, shall be deposited in the state treasury to the credit	358
of the weights and measures laboratory fund, which is hereby	359
created in the state treasury. The moneys held in the fund may be	360
used to pay the expenses necessary to operate the division of	361
weights and measures, including the purchase of supplies and	362
equipment.	363

Sec. 903.02. (A)(1) Not later than one hundred eighty days	364
after March 15, 2001, the director of agriculture shall prepare a	365
program for the issuance of permits to install under this section.	366

(2) On and after the date on which the director has finalized	367
the program required under division (A)(1) of this section, no	368
person shall modify an existing or construct a new concentrated	369
animal feeding facility without first obtaining a permit to	370
install issued by the director under this section.	371

(B) The director or the director's authorized representative	372
may help an applicant for a permit to install during the	373
permitting process by providing guidance and technical assistance.	374

(C) An applicant for a permit to install shall submit an	375
application to the director on a form that the director prescribes	376
and provides together with a fee in an amount established by rule.	377
The applicant shall include with the application all of the	378
following information:	379

(1) The name and address of the applicant, of all partners if	380
the applicant is a partnership, of all members if the applicant is	381
a limited liability company, or of all officers and directors if	382
the applicant is a corporation, and of any other person who has a	383
right to control or in fact controls management of the applicant	384
or the selection of officers, directors, or managers of the	385
applicant. As used in division (C)(1) of this section, "control"	386
means the power, directly or indirectly, to direct the management	387
and policies of the applicant through the ownership of voting	388
securities, by contract, through a right of approval or	389
disapproval, or otherwise unless the power is held by a chartered	390
lending institution as a result of debt liability.	391

(2) The type of livestock and the number of animals that the	392
concentrated animal feeding facility would have the design	393
capacity to raise or maintain;	394

(3) Designs and plans for the proposed construction of the	395
concentrated animal feeding facility that include the proposed	396
location of the construction, design and construction plans and	397
specifications, anticipated beginning and ending dates for work	398
performed, and any other information that the director requires by	399
rule;	400

(4) In the case of an application for a concentrated animal	401
feeding facility that meets the criteria established in ~~sections~~	402
section 307.204 ~~and 505.266~~ of the Revised Code, one of the	403
following, as applicable:	404

(a) A written ~~statements~~statement from the board of county	405
commissioners of the county ~~and the board of township trustees of~~	406
~~the township~~ in which the concentrated animal feeding facility	407
would be located certifying that, in accordance with ~~those~~	408
~~sections~~that section, the applicant has provided the ~~boards~~board	409
with the required written notification and that final	410
recommendations were selected regarding improvements, if any, to	411
county ~~or township~~ infrastructure that are needed as a result of	412
the new or expanded concentrated animal feeding facility and the	413
costs of those improvements;	414

~~(5)~~(b) A notarized affidavit declaring that the applicant has	415
met the criteria established in section 307.204 of the Revised	416
Code and that a written, dated statement from the board of county	417
commissioners was not received by the applicant under that	418
section.	419

(5) In the case of an application for a concentrated animal	420
feeding facility that meets the criteria established in section	421
505.266 of the Revised Code, one of the following, as applicable:	422

(a) A written statement from the board of township trustees	423
of the township in which the concentrated animal feeding facility	424
would be located certifying that, in accordance with that section,	425
the applicant has provided the board with the required written	426
notification and that final recommendations were selected	427
regarding improvements, if any, to township infrastructure that	428
are needed as a result of the new or expanded concentrated animal	429
feeding facility and the costs of those improvements;	430

(b) A notarized affidavit declaring that the applicant has	431
met the criteria established in section 505.266 of the Revised	432
Code and that a written, dated statement from the board of	433
township trustees was not received by the applicant under that	434
section.	435

(6) A statement of the quantity of water that the	436
concentrated animal feeding facility will utilize on an average	437
daily and annual basis, a detailed description of the basis for	438
the calculation utilized in determining the quantity of water	439
utilized, and a statement identifying the source for the water;	440

~~(6)~~(7) Information concerning the applicant's past compliance	441
with laws pertaining to environmental protection that is required	442
to be provided under section 903.05 of the Revised Code, if	443
applicable;	444

~~(7)~~(8) Any other information required by rule.

445

Information required to be included in an application for the	446
modification of a permit to install, together with the applicable	447
fee amount, shall be established in rules.	448

(D) The director shall issue permits to install in accordance	449
with section 903.09 of the Revised Code. The director shall deny a	450
permit to install if either of the following applies:	451

(1) The permit application contains misleading or false	452
information.	453

(2) The designs and plans fail to conform to best management	454
practices.	455

Additional grounds for the denial of a permit to install	456
shall be those established in this chapter and rules.	457

(E) A permit to install shall expire after a period specified	458
by the director unless the applicant has undertaken a continuing	459
program of construction or has entered into a binding contractual	460
obligation to undertake and complete a continuing program of	461
construction within a reasonable time. The director may extend the	462
expiration date of a permit to install upon request of the	463
applicant.	464

(F) The director may modify, suspend, or revoke a permit to	465
install in accordance with rules.	466

(G) Nothing in this chapter affects section 1521.16 of the	467
Revised Code.	468

(H) The owner or operator of a concentrated animal feeding	469
facility who proposes to make a major operational change at the	470
facility shall submit an application for approval of the change to	471
the director in accordance with rules.	472

Sec. 907.11. The director of agriculture or ~~his~~the	473
director's authorized agent may:	474

(A) Enter any public or private place of business during	475
regular business hours in order to gain access to any seed or	476
records subject to sections 907.01 to 907.17 of the Revised Code	477
or the rules and regulations adopted thereunder;	478

(B) In conformity with sections 907.01 to 907.17 of the	479
Revised Code and the rules and regulations adopted thereunder,	480
take samples of the seed or make copies of the records of anyone	481
who sells seed;	482

(C) Issue a written or printed stop-sale order to the owner	483
or custodian of any lot of seed, requiring it to be held at a	484
designated place if found to be in violation of sections 907.01 to	485
907.17 of the Revised Code or any rules adopted thereunder. The	486
seed shall be held until a release is issued in writing by the	487
director or ~~his~~the director's authorized agent. A release shall	488
not be issued until sections 907.01 to 907.17 of the Revised Code	489
and the rules and regulations adopted thereunder have been	490
complied with. The owner or custodian may appeal the stop-sale	491
order in accordance with Chapter 119. of the Revised Code.	492

Sec. 923.41. As used in sections 923.41 to 923.55 of the	493
Revised Code:	494

(A) ~~"Director" means the director of agriculture.~~

495

~~(B)~~ "Animal" means any animate being, other than ~~man~~a human.

496

~~(C)~~(B) "Commercial feed" or "feed" means all materials,	497
except unmixed whole seeds or physically altered entire unmixed	498
seeds, that are not adulterated and that are distributed for use	499
as feed or for mixing in feed for animals. ~~The director, by rule,~~	500
~~may exempt from these definitions or from specific provisions of~~	501
~~sections 923.42 to 923.55 of the Revised Code agricultural~~	502
~~commodities including, but not limited to, hay, straw, stover,~~	503
~~silage, cobs, husks, and hulls when such commodities are not mixed~~	504
~~with other materials, and individual chemical compounds or~~	505
~~substances, when those commodities, compounds, or substances are~~	506
~~not intermixed or mixed with other materials.~~"Commercial feed" or	507
"feed" does not include drugs that are not incorporated into feed	508
and that are not distributed to be mixed in feed. "Commercial	509
feed" and "feed" also does not include negligible amounts of feed	510
ingredients added to a drug solely for the purpose of facilitating	511
administration of the drug to an animal.	512

~~(D)~~(C) "Feed ingredient" means each of the constituent	513
materials used to make a commercial feed.	514

~~(E)~~(D) "Customer-formula feed" means a commercial feed that	515
consists of a mixture of commercial feeds, feed ingredients, or	516
both, each batch of which is manufactured according to the	517
specific instructions of the final purchaser.	518

~~(F)~~(E) "Mineral feed" means a commercial feed intended to	519
supply primarily mineral elements or inorganic nutrients.	520

~~(G)~~(F) "Drug" means any article intended for use in the	521
diagnosis, cure, mitigation, treatment, or prevention of	522
infectious disease in animals or any article other than feed	523
intended to affect the structure or any function of the animal's	524
body.	525

~~(H)~~(G) "Brand name" means any word, name, symbol, or device,	526
or any combination thereof identifying the commercial feed of a	527
distributor and distinguishing it from that of others.	528

~~(I)~~(H) "Product name" means the name of the commercial feed	529
which identifies it as to kind, class, or specific use.	530

~~(J)~~(I) "Federal act" means the "Federal Food, Drug and	531
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C. 301, as amended.	532

~~(K)~~(J) "Official sample" means a sample of commercial feed	533
taken by the director of agriculture or ~~his~~the director's agent	534
in accordance with ~~the provisions of~~ section 923.47 of the Revised	535
Code and rules adopted under that section.	536

~~(L)~~(K) "Ton" means a net weight of two thousand pounds	537
avoirdupois.	538

~~(M)~~(L) "Per cent" or "percentage" means the percentage by	539
weight.	540

~~(N)~~(M) "Manufacture" means to grind, mix, blend, or further	541
process a commercial feed for distribution. A "~~manufacturer~~	542
Manufacturer" means any person who manufactures.	543

~~(O)~~(N) "Person" includes an individual, partnership,	544
association, firm, or corporation.	545

~~(P)~~(O) "Distribute" means to offer for sale, sell, exchange,	546
or barter commercial feed or to supply, furnish, or otherwise	547
provide commercial feed for animals.	548

~~(Q)~~(P) "Distributor" means any person who distributes.

549

~~(R)~~(Q) "Label" means a display of written, printed, or	550
graphic matter on or affixed to the container in which a	551
commercial feed is distributed or on the invoice, delivery slip,	552
or other shipping document with which a commercial feed is	553
distributed.	554

~~(S)~~(R) "Labeling" means all labels or any other written,	555
printed, or graphic matter that accompanies commercial feed.	556

~~(T)~~(S) "Exempt buyer" means a person to whom commercial feed	557
is distributed who is required by rule under division (A)(2) of	558
section 923.44 of the Revised Code to pay the semiannual	559
inspection fee required under that section.	560

~~(U)~~(T) "Misbranded" has the same meaning as in section 923.49	561
of the Revised Code.	562

~~(V)~~(U) "Adulterated" has the same meaning as in section	563
923.48 of the Revised Code.	564

Sec. 923.411. The director of agriculture may adopt rules in	565
accordance with Chapter 119. of the Revised Code to exempt both of	566
the following from sections 923.41 to 923.55 of the Revised Code:	567

(A) Agricultural commodities, including hay, straw, stover,	568
silage, cobs, husks, and hulls, when those commodities are not	569
mixed with other materials;	570

(B) Individual chemical compounds or substances when those	571
compounds or substances are not mixed with other materials.	572

Sec. 923.52. The director of agriculture may issue and	573
enforce a written withdrawal from distribution order to the	574
manufacturer or distributor of any lot of commercial feed	575
requiring it to be held at a designated place when the director	576
has reasonable cause to believe that the commercial feed is	577
offered or exposed for distribution or distributed in violation of	578
any of the provisions of sections 923.41 to 923.55 of the Revised	579
Code or any rule adopted under those sections. The commercial feed	580
shall be held until a release in writing is issued by the	581
director. A release shall not be issued until sections 923.41 to	582
923.55 of the Revised Code and the rules adopted under those	583
sections are complied with and until all costs and expenses	584
incurred in connection with the violation have been paid by the	585
manufacturer or distributor. If compliance is not obtained within	586
thirty days of receipt of the withdrawal from distribution order,	587
the director may begin, and shall begin upon request by the	588
manufacturer or distributor, proceedings for condemnation under	589
section 923.53 of the Revised Code.	590

The manufacturer or distributor may appeal the withdrawal	591
from distribution order in accordance with Chapter 119. of the	592
Revised Code.	593

Sec. 924.52. (A) The Ohio grape industries committee may:

594

(1) Conduct, and contract with others to conduct, research,	595
including the study, analysis, dissemination, and accumulation of	596
information obtained from the research or elsewhere, concerning	597
the marketing and distribution of grapes and grape products, the	598
storage, refrigeration, processing, and transportation of them,	599
and the production and product development of grapes and grape	600
products. The committee shall expend for these activities ~~no less~~	601
~~than thirty per cent and~~ no more than seventy per cent of all	602
money it receives from the Ohio grape industries fund created	603
under section 924.54 of the Revised Code.	604

(2) Provide the wholesale and retail trade with information	605
relative to proper methods of handling and selling grapes and	606
grape products;	607

(3) Make or contract for market surveys and analyses,	608
undertake any other similar activities that it determines are	609
appropriate for the maintenance and expansion of present markets	610
and the creation of new and larger markets for grapes and grape	611
products, and make, in the name of the committee, contracts to	612
render service in formulating and conducting plans and programs	613
and such other contracts or agreements as the committee considers	614
necessary for the promotion of the sale of grapes and grape	615
products. The committee shall expend for these activities ~~no less~~	616
~~than thirty per cent and~~ no more than seventy per cent of all	617
money it receives from the fund.	618

(4) Publish and distribute to producers and others	619
information relating to the grape and grape product industries;	620

(5) Propose to the director of agriculture for adoption,	621
rescission, or amendment, pursuant to Chapter 119. of the Revised	622
Code, rules necessary for the exercise of its powers and the	623
performance of its duties;	624

(6) Advertise for, post notices seeking, or otherwise solicit	625
applicants to serve in administrative positions in the department	626
of agriculture as employees who support the administrative	627
functions of the committee. Applications shall be submitted to the	628
committee. The committee shall select applicants that it wishes to	629
recommend for employment and shall submit a list of the	630
recommended applicants to the director.	631

(7) For the purpose of promoting the grape industry, provide	632
to producers and persons that grow grapes in this state grape	633
plants, grape vines, equipment, and material to assist in the	634
production of grapes and grape products.	635

(B) The committee shall:

636

(1) Promote the sale of grapes and grape products for the	637
purpose of maintaining and expanding present markets and creating	638
new and larger intrastate, interstate, and foreign markets for	639
grapes and grape products, and inform the public of the uses and	640
benefits of grapes and grape products;	641

(2) Perform all acts and exercise all powers incidental to,	642
in connection with, or considered reasonably necessary, proper, or	643
advisable to effectuate the purposes of this section.	644

Sec. 941.02. (A) The chief of the division of animal	645
~~industry~~health, appointed by the director of agriculture under	646
sections 121.04 and 121.05 of the Revised Code, shall be a	647
veterinarian accredited and licensed to practice in this state.	648

(B) The chief shall promote and protect the livestock,	649
poultry, and other animal interests of the state, prevent the	650
spread of dangerously contagious or infectious disease, provide	651
for the control and eradication of such disease, and cooperate	652
with the United States department of agriculture in such work.	653

Sec. 941.041. No person shall do any of the following:

654

(A) Fail to stop ~~his~~the person's vehicle or conveyance when	655
directed to do so in accordance with section 941.04 of the Revised	656
Code;	657

(B) Import, carry, transport, or bring an animal into this	658
state unaccompanied by a certificate of veterinary inspection,	659
animal health certificate, waybill, yarding receipt, sale ticket,	660
or other document required by this chapter and rules adopted under	661
it;	662

(C) Fail to present any document identified in division (B)	663
of this section when requested to do so by the director of	664
agriculture or ~~his~~the director's authorized representative;	665

(D) Fail to permit the director or ~~his~~the director's	666
authorized representative to inspect any vehicle or means of	667
conveyance in accordance with section 941.04 of the Revised Code;	668

(E) Violate the seal placed on the vehicle or means of	669
conveyance by the director or ~~his~~the director's authorized	670
representative;	671

(F) Violate or fail to comply with the terms of the permit	672
issued under division (C) of section ~~941.01~~941.07 of the Revised	673
Code.	674

Sec. 941.14. (A) The owner shall burn the body of an animal	675
that has died of, or been destroyed because of, a dangerously	676
infectious or contagious disease, bury it not less than four feet	677
under the surface of the ground, dissolve it by alkaline	678
hydrolysis, remove it in a watertight tank to a rendering	679
establishment, or otherwise dispose of it in accordance with	680
section 953.26 or 1511.022 of the Revised Code within twenty-four	681
hours after knowledge thereof or after notice in writing from the	682
department of agriculture.	683

(B) The owner of premises that contain a dead animal shall	684
burn the body of the animal, bury it not less than four feet	685
beneath the surface of the ground, dissolve it by alkaline	686
hydrolysis, remove it in a watertight tank to a rendering	687
establishment, or otherwise dispose of it in accordance with	688
section 953.26 or 1511.022 of the Revised Code within a reasonable	689
time after knowledge thereof or after notice in writing from the	690
department or from the township trustees of the township in which	691
~~his~~the owner's premises are located.	692

(C) Notwithstanding division (A) or (B) of this section, the	693
director of agriculture, in written notice sent to the owner of a	694
dead animal, may require the owner to employ a specific method of	695
disposition of the body, including burning, burying, rendering, or	696
composting, or alkaline hydrolysis, when that method does not	697
conflict with any law or rule governing the disposal of infectious	698
wastes and, in the director's judgment, is necessary for purposes	699
of animal disease control. No person shall fail to employ the	700
method of disposition required under this division.	701

(D) The director, in written notice sent to the owner of a	702
dead animal, may prohibit the owner from transporting the body of	703
the dead animal on any street or highway if that prohibition does	704
not conflict with any law or rule governing the transportation of	705
infectious wastes and, in the director's judgment, is necessary	706
for purposes of animal disease control. No person shall fail to	707
comply with a prohibition issued under this division.	708

(E) As used in this section, "infectious wastes" has the same	709
meaning as in section 3734.01 of the Revised Code, and "street" or	710
"highway" has the same meaning as in section 4511.01 of the	711
Revised Code.	712

Sec. 942.02. (A) No person shall feed on the person's	713
premises, or permit the feeding of, treated garbage to swine	714
without a license to do so issued by the department of	715
agriculture.	716

(B) An application for a license to feed treated garbage	717
shall be made in writing on a form prescribed by the director of	718
agriculture.	719

(C) A license shall be renewed before the thirty-first day of	720
December of each year, and an application for renewal shall be	721
filed before the thirtieth day of November of each year.	722

(D) The fee for the license shall be one hundred dollars per	723
annum. A late fee of fifty dollars shall be paid for each	724
application that is received after the thirtieth day of November	725
each year.	726

(E) All money collected under this section shall be credited	727
to the animal and consumer ~~analytical~~protection laboratory fund	728
created in section 901.43 of the Revised Code.	729

Sec. 943.03. (A)(1) Application for a license as a dealer or	730
broker shall be made in writing to the department of agriculture.	731
The application shall state the nature of the business, the	732
municipal corporation, township, and county, and the post-office	733
address of the location where the business is to be conducted, the	734
name of any employee authorized to act in ~~his~~the dealer's or	735
broker's behalf, and such additional information as the department	736
prescribes.	737

The applicant shall satisfy the department of ~~his~~the	738
applicant's character and good faith in seeking to engage in such	739
business. The department shall issue to the applicant a license to	740
conduct the business of a dealer or broker at the place named in	741
the application. Licenses, unless revoked, shall expire annually	742
on the thirty-first day of March and shall be renewed according to	743
the standard renewal procedure of sections 4745.01 to 4745.03 of	744
the Revised Code.	745

(2) No license shall be issued by the department to a dealer	746
or broker having weighing facilities until the applicant has filed	747
with the department a copy of a scale test certificate showing the	748
weighing facilities to be in satisfactory condition, a copy of the	749
license of each weigher employed by the applicant, and a	750
certificate of inspection by the department showing livestock	751
market facilities to be in satisfactory sanitary condition.	752

No(3) Except as provided in division (A)(4) of this section,	753
no license shall be issued by the department until the applicant	754
has furnished proof of financial responsibility. Except as	755
provided in division (C) of this section, such proof may be in the	756
following forms:	757

~~(1)~~(a) A bond of a surety company authorized to do business	758
in this state in the form prescribed by and to the satisfaction of	759
the department, conditioned for the payment of a judgment against	760
the applicant furnishing the bond and arising out of the failure	761
of such dealer or broker to pay for the livestock purchased for	762
~~his~~the dealer's or broker's own or for the accounts of others or	763
to pay when due to the person entitled thereto the gross amount,	764
less lawful charges, for which all of the livestock is sold. The	765
amount of bond required, the termination of the bond, and the	766
limitation on filing claims against the dealer or broker or their	767
surety shall be the same as prescribed in division (B) of this	768
section.	769

~~(2)~~(b) A deposit with a trustee acceptable to the department	770
of the required amount in money or negotiable bonds of the United	771
States or of this state or of a political subdivision of this	772
state of that par or face value, or any combination thereof, for	773
the purpose of securing the payment of a judgment against the	774
dealer or broker furnishing the deposit and arising out of the	775
failure of the dealer or broker to pay for the livestock purchased	776
for ~~his~~the dealer's or broker's own or for the accounts of	777
others, or to pay when due to the person entitled thereto the	778
gross amount, less lawful charges, for which all of the livestock	779
is sold. The deposit shall be made under a deposit agreement	780
acceptable to the department. The deposit is not subject to	781
attachment for any other claim or levy of execution upon a	782
judgment based on any other claims.	783

(4) An applicant for a license as a dealer or broker of	784
poultry is not required to maintain financial responsibility or	785
furnish proof of financial responsibility.	786

(B) Any person damaged by failure of a dealer or broker to	787
pay for the livestock purchased for ~~his~~the dealer's or broker's	788
or for the accounts of others or to pay when due to the person	789
entitled thereto the gross amount, less lawful charges, for which	790
all of the livestock is sold may maintain an action against the	791
broker or dealer and the sureties on the bonds, or the trustee,	792
provided for in this section. The aggregate liability of the	793
sureties or trustee for all such damage shall not exceed the	794
amount of the bond or deposit.	795

Unless the person damaged files ~~his~~a claim with the dealer	796
or broker and the sureties or trustee within sixty days from the	797
date of the transaction on which the claim is based, hethe person	798
shall be barred from maintaining an action on the bond or for the	799
application of the deposit. Upon the filing of a claim, the	800
claimant shall notify the department of ~~his~~that action.	801

The amount of the bond or deposit shall not be less than the	802
nearest multiple of one thousand dollars above the average daily	803
value of livestock sold by the dealer or broker for the accounts	804
of others and livestock purchased by the dealer or broker for ~~his~~	805
the dealer's or broker's or for the accounts of others on ~~his~~the	806
dealer's or broker's ten largest business days during the	807
preceding twelve months or such part thereof as the dealer or	808
broker was purchasing, selling, or exchanging livestock. In no	809
case shall the amount of the bond or deposit total less than ten	810
thousand dollars.	811

Whenever the amount of bond or deposit calculated as above	812
specified exceeds fifty thousand dollars, the amount of the bond	813
shall be fifty thousand dollars plus ten per cent of the valuation	814
in excess of fifty thousand dollars.	815

In no case shall the bond or deposit covering the business of	816
the dealer or broker be less than the amount specified above or	817
such higher amount as may be specified by the "Packer and	818
Stockyards Act of 1921," 42 Stat. 159, 7 U.S.C.A. 181, as amended.	819

Whenever in the judgment of the department the business	820
volume of the licensee is such as to render the bond or deposit	821
inadequate, the amount of the bond or deposit shall be adjusted,	822
upon thirty days' notice, to meet sections 943.01 to 943.18 of the	823
Revised Code and rules adopted under them. All of the bonds or	824
deposit agreements shall contain a provision requiring that at	825
least thirty days' prior notice in writing be given to the	826
department and the packers and stockyards administration of the	827
United States department of agriculture by the party terminating	828
the bonds or deposit agreements in order to effect termination,	829
except that a bond may be terminated as of the effective date of a	830
replacement bond.	831

The termination of a bond shall not release the parties from	832
any liability arising out of facts or transactions occurring prior	833
to the termination date.	834

The termination of a deposit agreement shall neither release	835
the party furnishing the deposit from any liability arising out of	836
acts or transactions occurring prior to the termination date, nor	837
shall the trustee permit the withdrawal of the deposit until after	838
sixty days after the termination date, and then only if no claims	839
under the agreement have been filed with the trustee. If any	840
claims have been filed with the trustee, the withdrawal of the	841
deposit shall not be permitted until the claims have been	842
satisfied or released and evidence of the satisfaction or release	843
filed with the trustee.	844

(C) If approved by the director of agriculture, in lieu of	845
the bond or deposit required in division (A)(3) of this section, a	846
broker or dealer subject to the "Packers and Stockyards Act of	847
1921," 42 Stat. 159, 7 U.S.C.A. 181, as amended, may furnish proof	848
in a manner and form acceptable to the director that hethe broker	849
or dealer has an irrevocable letter of credit on file with the	850
packers and stockyards administration under regulations adopted by	851
the packers and stockyards administration in 9 C.F.R. 201.35, as	852
amended.	853

(D) No licensed livestock dealer or broker shall employ as an	854
employee a person who, as a dealer or broker, previously defaulted	855
on contracts pertaining to the purchase, exchange, or sale of	856
livestock until the licensee does ~~all~~both of the following:	857

(1) ~~Appears at a hearing before the director or his designee~~	858
~~conducted in accordance with Chapter 119. of the Revised Code~~	859
~~pertaining to that person;~~	860

~~(2)~~ Increases the value of ~~his~~the dealer's or broker's bond,	861
deposit, or letter of credit, in addition to the amount of any	862
other bond, deposit, or letter of credit required by this section,	863
by an amount equal to that owed by such person for the purchase,	864
exchange, or sale of livestock prior to being employed by the	865
licensee;	866

~~(3)~~(2) Signs and files with the director an agreement that	867
guarantees, without condition, all contracts pertaining to the	868
purchase, exchange, or sale of livestock made by such person while	869
in the employ of the licensee. The agreement shall be in addition	870
to any other proof of financial responsibility required by this	871
section. The director shall prescribe the form and content of the	872
agreement.	873

(E) No licensed livestock dealer or broker shall employ a	874
person whose dealer's or broker's license was revoked or is	875
suspended.	876

Sec. 943.031. (A) Application for a license as a small	877
dealer shall be made in writing to the department of agriculture.	878
The application shall state the nature of the business, the	879
municipal corporation or township, county, and post-office address	880
of the location where the business is to be conducted, the name of	881
any employee who is authorized to act in the small dealer's	882
behalf, and any additional information that the department	883
prescribes.	884

(B) The applicant shall satisfy the department of the	885
applicant's character and good faith in seeking to engage in the	886
business of a small dealer. The department then shall issue to the	887
applicant a license to conduct the business of a small dealer at	888
the place named in the application. Licenses, unless revoked,	889
shall expire annually on the thirty-first day of March and shall	890
be renewed according to the standard renewal procedure established	891
in sections 4745.01 to 4745.03 of the Revised Code.	892

(C) No license shall be issued by the department to a small	893
dealer having weighing facilities until the applicant has filed	894
with the department a copy of a scale test certificate showing the	895
weighing facilities to be in satisfactory condition, a copy of the	896
license of each weigher employed by the applicant, and a	897
certificate of inspection by the department showing livestock	898
market facilities to be in satisfactory sanitary condition.	899

(D) No licensed small dealer shall employ as an employee a	900
person who, as a small dealer, dealer, or broker, previously	901
defaulted on contracts pertaining to the purchase, exchange, or	902
sale of livestock until the licensee ~~does both of the following:~~	903

~~(1) Appears at a hearing before the director of agriculture~~	904
~~or the director's designee conducted in accordance with Chapter~~	905
~~119. of the Revised Code pertaining to that person;~~	906

~~(2) Signs~~signs and files with the director an agreement that	907
guarantees, without condition, all contracts pertaining to the	908
purchase, exchange, or sale of livestock made by the person while	909
in the employ of the licensee. The director shall prescribe the	910
form and content of the agreement.	911

(E) A licensed small dealer is not required to maintain	912
financial responsibility or furnish proof of financial	913
responsibility.	914

Sec. 943.04. (A) Fees for the initial issuance of any license	915
issued pursuant to sections 943.02, 943.03, and 943.031 of the	916
Revised Code, shall be paid to the department of agriculture.	917

(B) All annual renewal fees for the licenses shall be paid by	918
the applicant for the renewal of a license on or before the	919
thirty-first day of March of each year to the treasurer of state.	920
Except for license fees for small dealers, the fees shall be based	921
on the number of head of livestock purchased, sold, or exchanged,	922
in this state, whichever is the greatest, during the preceding	923
calendar year. Those fees for dealers or brokers shall be as	924
follows:	925

Less than 1,000 head .......... $50.00 per annum;

926

For 1,001 to 10,000 head .......... $125.00 per annum;

927

For more than 10,000 head .......... $250.00 per annum.

928

In the event a dealer or broker operates more than one place	929
where livestock is purchased, sold, or exchanged, a fee shall be	930
paid for each place, but only the original purchase, sale, or	931
exchange shall be counted in computing the amount of the fee to be	932
paid for each place operated by the dealer or broker. Shipment	933
between yards owned or operated by the dealer or broker shall be	934
exempt.	935

A late fee of one hundred dollars shall be paid for each	936
dealer or broker license renewal application that is received	937
after the thirty-first day of March each year.	938

(C)(1) A fee of twenty-five dollars shall be paid by each	939
small dealer.	940

If a small dealer operates more than one place where	941
livestock is purchased, sold, or exchanged, a fee shall be paid	942
for each place, but only the original purchase, sale, or exchange	943
shall be counted in computing the amount of fee to be paid for	944
each place operated by the small dealer. Shipment between yards	945
owned or operated by the small dealer shall be exempt.	946

(2) A late fee of twenty-five dollars shall be paid for each	947
small dealer license renewal application that is received after	948
the thirty-first day of March each year.	949

(D) A fee of twenty dollars shall be paid by each employee	950
that is appointed by a small dealer, dealer, or broker as provided	951
in section 943.02 of the Revised Code.	952

(E) A fee of ten dollars shall be paid by each licensed	953
weigher.	954

(F) All money collected under section 943.03 of the Revised	955
Code and under this section shall be credited to the animal and	956
consumer ~~analytical~~protection laboratory fund created in section	957
901.43 of the Revised Code.	958

Sec. 943.05. (A) The director of agriculture may refuse to	959
grant or may suspend a small dealer's, dealer's, or broker's	960
license, without prior hearing, after determining from evidence	961
presented to the director that there is reasonable cause to	962
believe any of the following situations exist:	963

(1) Where the applicant or licensee or an employee has	964
violated the laws of the state or official regulations governing	965
the interstate or intrastate movement, shipment, or transportation	966
of animals, or has been convicted of a crime involving moral	967
turpitude or convicted of a felony;	968

(2) Where there have been false or misleading statements as	969
to the health or physical condition of the animals with regard to	970
official tests or quantity of animals, or the practice of fraud or	971
misrepresentation in connection therewith or in the buying or	972
receiving of animals or receiving, selling, exchanging,	973
soliciting, or negotiating the sale, resale, exchange, weighing,	974
or shipment of animals;	975

(3) Where the applicant or licensee acts as a small dealer,	976
dealer, or broker for a person attempting to conduct business in	977
violation of section 943.02 of the Revised Code, after the notice	978
of the violation has been given to the licensee by the department	979
of agriculture;	980

(4) Where the applicant or licensee or employee fails to	981
practice measures of sanitation, disinfection, and inspection as	982
required by sections 943.01 to 943.18 of the Revised Code, or	983
prescribed by the department, of premises or vehicles used for the	984
yarding, holding, or transporting of animals;	985

(5) Where there has been a failure to keep records required	986
by the department or where there is a refusal on the part of the	987
applicant or licensee or employee to produce records of	988
transactions in the carrying on of the business for which the	989
license is granted;	990

(6) Where the applicant or licensee providing weighing	991
facilities used for, in connection with, or incident to the	992
purchase or sale of livestock for the account of the licensee or	993
others, fails to maintain and operate the weighing facilities in	994
accordance with sections 943.08 and 943.10 of the Revised Code;	995

(7) Where the applicant or licensee in the conduct of the	996
business covered by the license fails to maintain and operate	997
weighing facilities in accordance with sections 943.08 and 943.10	998
of the Revised Code or fails to cause its livestock to be weighed	999
by licensed weighers as provided in those sections;	1000

(8) With regard to a dealer or broker licensee, where the	1001
licensee fails to maintain a bond or deposit, or letter of credit,	1002
if applicable, or fails to adjust the bond or deposit upon thirty	1003
days' notice or refuses or neglects to pay the fees or inspection	1004
charges required to be paid;	1005

(9) Where the licensee has been suspended by order of the	1006
secretary of agriculture of the United States department of	1007
agriculture under provisions of the "Packers and Stockyards Act of	1008
1921," 42 Stat. 159, 7 U.S.C.A. 181, as amended;	1009

(10) With regard to a dealer or broker licensee, where the	1010
surety company, trustee, or issuer of a letter of credit of the	1011
licensee issues a notice of termination of the licensee's bond	1012
agreement, deposit agreement, or letter of credit;	1013

(11) Where the applicant has had a small dealer's, dealer's,	1014
or broker's license revoked or has had a small dealer's, dealer's,	1015
or broker's license suspended two or more times in the previous	1016
five years.	1017

(B) When the director refuses to grant or suspends a small	1018
dealer's, dealer's, or broker's license, the director or the	1019
director's designee may hand deliver the order. The licensee to	1020
whom a suspension order is issued shall be afforded a hearing in	1021
accordance with Chapter 119. of the Revised Code, after which the	1022
director shall reinstate, revoke, or suspend for a longer or	1023
indefinite period the suspended license.	1024

Sec. 943.16. All fines imposed and collected under section	1025
943.99 of the Revised Code shall be credited to the animal and	1026
consumer ~~analytical~~protection laboratory fund created in section	1027
901.43 of the Revised Code.	1028

Sec. 953.23. (A) Application for a license shall be made to	1029
the department of agriculture on a form prescribed by the	1030
department.	1031

(B) Each application shall include all of the following:

1032

(1) The name and address of the applicant;

1033

(2) The applicant's proposed place of business;

1034

(3) A detailed statement of the method that the applicant	1035
intends to use to dispose of, pick up, render, or collect raw	1036
rendering material or to transport it to a composting facility;	1037

(4) Such other relevant information as the department may	1038
require.	1039

(C) Each applicant shall submit the annual license fee with	1040
the application.	1041

(1) The license fee for a person applying for an annual	1042
license to pick up or collect raw rendering material and dispose	1043
of the material to a licensee or in accordance with divisions (B)	1044
and (C) of section 953.26 of the Revised Code, or to transport raw	1045
rendering material to a composting facility, is twenty-five	1046
dollars per conveyance that is used to pick up or collect and	1047
dispose of or to transport raw rendering material. A late fee of	1048
ten dollars per conveyance shall be charged for each application	1049
that is received after the thirtieth day of November each year.	1050

(2) The license fee for a person applying for an annual	1051
license to pick up or collect raw rendering material and to	1052
operate one or more rendering plants is three hundred dollars for	1053
each such plant. A late fee of one hundred dollars shall be	1054
charged for each application that is received after the thirtieth	1055
day of November each year.	1056

(D) On receipt of an application and fee, under this section,	1057
the department shall inspect the means of conveyance and premises	1058
that the applicant proposes to use to dispose of, collect, pick	1059
up, or render raw rendering material or to transport it to a	1060
composting facility for profit.	1061

(E) If the department finds that the applicant's means of	1062
conveyance, premises, and operation meet the requirements of this	1063
chapter and rules adopted thereunder, the department shall issue a	1064
license to the applicant to dispose of, pick up, render, or	1065
collect for profit raw rendering material or to transport it to a	1066
composting facility for profit.	1067

(F) Each license issued under this section shall expire on	1068
the thirty-first day of December of each year. Each person	1069
licensed under this section shall make application for renewal of	1070
the person's license no later than the thirtieth day of November	1071
of each year.	1072

(G) Application for renewal shall be in accordance with the	1073
requirements of this section for initial application for a license	1074
and the standard renewal procedure of sections 4745.01 to 4745.03	1075
of the Revised Code.	1076

(H) All money collected under this section shall be credited	1077
to the animal and consumer ~~analytical~~protection laboratory fund	1078
created in section 901.43 of the Revised Code.	1079

Sec. 955.35. The board of county commissioners, at the next	1080
regular meeting after claims in accordance with section 955.29 of	1081
the Revised Code have been submitted, shall examine the same and	1082
may hear additional testimony or receive additional affidavits in	1083
regard thereto and may allow the amount previously certified by	1084
the dog warden, or a part thereof, or any amount in addition	1085
thereto, as it may find to be just, but in no event shall the	1086
amount allowed exceed the lesser of five hundred dollars per	1087
animal or the uninsured amount of the loss or injury. The board	1088
shall make the final determination of the fair market value of an	1089
animal that is the subject of a claim.	1090

If the animal that is the subject of a claim dies as a result	1091
of the injuries that it received from a dog, the amount of	1092
indemnity is the fair market value of the animal on the date of	1093
its death subject to the limit established in this section. If the	1094
animal that is the subject of a claim does not die as a result of	1095
the injuries that it received from a dog, the amount of indemnity	1096
is the fair market value of the animal on the date on which it	1097
received its injuries subject to the limit established in this	1098
section. If the animal that is the subject of a claim is	1099
registered or eligible for registration as described in section	1100
955.32 of the Revised Code, the amount of indemnity is one hundred	1101
twenty-five per cent of the fair market value of the animal on the	1102
date on which the animal was killed or injured subject to the	1103
limit established in this section. If the date of death or injury	1104
of an animal cannot be determined, the amount of indemnity shall	1105
be based on the fair market value of the animal on the date on	1106
which the death or injury was discovered by its owner. A fetus	1107
that is aborted by an animal because of stress inflicted by a dog	1108
and that does not, on that account, survive shall be considered to	1109
have been killed by the dog regardless of the stage of pregnancy	1110
at which the abortion occurs. In the case of any such alleged	1111
cause of death, the warden, as part of the warden's investigation,	1112
may request the chief of the division of animal ~~industry~~health in	1113
the department of agriculture to have a state veterinarian certify	1114
the cause of death. The chief shall promptly comply, and the	1115
veterinarian shall send the certification to the board of county	1116
commissioners.	1117

The claims shall be paid out of the dog and kennel fund or	1118
out of the general fund of the county, as provided in section	1119
955.14 of the Revised Code. Such claims as are allowed in whole or	1120
in part shall be paid by voucher issued by the county auditor five	1121
days after the approval of the board of county commissioners has	1122
been entered. If the claim is to be paid out of the dog and kennel	1123
fund and the funds therein are insufficient to pay the claims,	1124
they shall be paid in the order allowed at the close of the next	1125
calendar month in which sufficient funds are available in the	1126
fund.	1127

Sec. 959.14. No owner or person having the custody, control,	1128
or possession of a horse~~, mare, gelding, foal, or filly~~, nor an	1129
agent or employee of such owner or custodian, shall cut off or	1130
cause to be cut off or amputated the skin, flesh, muscles, bone,	1131
or integuments of the dock or tail ~~thereof,~~of the horse in order	1132
to shorten its natural length or proportions~~; nor shall any such~~	1133
~~owner, person, or the agent or employee of either pull~~.	1134

No person shall pull out the hairs of the foretop, mane, or	1135
withers ~~thereof~~of a horse except minimum quantities required for	1136
medical testing. ~~This~~	1137

This section does not prohibit the cutting or amputation of	1138
the dock or tail of a horse~~, mare, gelding, foal, or filly~~ when	1139
necessary because of accident, malformation, or disease ~~affecting~~	1140
~~such dock or tail~~or as a proactive measure to prevent injury if	1141
performed by a veterinarian that is licensed under Chapter 4741.	1142
of the Revised Code or in another state.	1143

Sec. 1711.50. As used in sections 1711.50 to 1711.57 of the	1144
Revised Code:	1145

(A) "Amusement ride" means any mechanical ~~device~~, aquatic	1146
~~device~~, or inflatable device, or combination of those devices that	1147
carries or conveys passengers on, along, around, over, or through	1148
a fixed or restricted course or within a defined area for the	1149
purpose of ~~giving its passengers~~providing amusement, pleasure, or	1150
excitement. "Amusement ride" includes carnival rides, bungee	1151
jumping facilities, and fair rides but does not include passenger	1152
tramways as defined in section 4169.01 of the Revised Code or	1153
amusement rides operated solely at trade shows for a limited	1154
period of time. For purposes of division (A) of this section,	1155
"trade show" means a place of exhibition not open to the general	1156
public where amusement ride manufacturers display, promote,	1157
operate, and sell amusement rides to prospective purchasers.	1158

(B) "Temporary amusement ride" means an amusement ride that	1159
is relocated at least once per year with or without disassembly.	1160

(C) "Permanent amusement ride" means an amusement ride that	1161
is erected to remain a lasting part of the premises.	1162

(D) "Owner" means any person who owns or leases and controls	1163
or manages the operation of an amusement ride, and includes	1164
individuals, partnerships, corporations, both profit and	1165
nonprofit, and the state and any of its political subdivisions and	1166
their departments or agencies.	1167

(E) "Operation" means the use or operation, or both, of an	1168
amusement ride with riders.	1169

(F) "Rider" means any person who sits, stands, or is	1170
otherwise conveyed or carried as a passenger on an amusement ride,	1171
but does not include employees or agents of the owner of the	1172
amusement ride.	1173

(G) "Amusement ride operator" means any person causing the	1174
amusement ride to go, stop, or perform its function.	1175

(H) "Reassembly" means the installation, erection, or	1176
reconstruction of the main mechanical, safety, electrical, or	1177
electronic components of an amusement ride following	1178
transportation or storage and prior to operation. Replacement of	1179
mechanical, safety, electrical, or electronic components of an	1180
amusement ride for the purpose of ~~repairing~~repair or maintenance	1181
is not reassembly.	1182

(I) "Repair" means to restore an amusement ride to a	1183
condition equal to or better than original design specifications.	1184

(J) "Maintenance" means the preservation and upkeep of an	1185
amusement ride for the purpose of maintaining its designed	1186
operational capability.	1187

(K) "Inspection" means a physical examination of an amusement	1188
ride by an inspector for the purpose of approving the application	1189
for a permit. "Inspection" includes a reinspection.	1190

(L) "Accident" means an occurrence during the operation of an	1191
amusement ride which results in death or injury requiring	1192
immediate hospital admission.	1193

(M) "Serious injury" means an injury that does not require	1194
immediate hospital admission but does require medical treatment,	1195
other than first aid, by a physician.	1196

(N) "First aid" means the one-time treatment or subsequent	1197
observation of scratches, cuts not requiring stitches, burns,	1198
splinters, and contusions or a diagnostic procedure, including	1199
examinations and x-rays, which does not ordinarily require medical	1200
treatment even though provided by a physician or other licensed	1201
professional personnel.	1202

(O) "Advisory council" means the advisory council on	1203
amusement ride safety created by section 1711.51 of the Revised	1204
Code.	1205

(P) "Safe operation" means, except as provided in section	1206
1711.57 of the Revised Code, the practical application of	1207
maintenance, inspection, and operational processes, as indicated	1208
by the manufacturer, owner, or advisory council, that secures a	1209
rider from threat of physical danger, harm, or loss.	1210

(Q) "Private facility" means any facility that is accessible	1211
only to members of the facility and not accessible to the general	1212
public, even upon payment of a fee or charge, and that requires	1213
approval for membership by a membership committee representing the	1214
current members who have a policy requiring monetary payment to	1215
belong to the facility.	1216

(R) "Bungee jumping" means a fall or jump from a height by an	1217
individual who is attached to an elastic cord that prevents the	1218
individual from hitting the ground, water, or other solid,	1219
semi-solid, liquid, or elastic surface.	1220

(S) "Bungee jumping facility" means a device or structure	1221
utilized for bungee jumping.	1222

Sec. 1711.51. There is hereby created within the department	1223
of agriculture an advisory council on amusement ride safety to	1224
consist of the director of agriculture or the director's designee,	1225
the general manager of the Ohio state fair or the general	1226
manager's designee, plus eleven appointed members, of whom one	1227
shall be a representative of temporary amusement ride owners, one	1228
shall be a representative of the greater Ohio showmen's	1229
association and the owner of a ride, three shall be	1230
representatives of owners of amusement parks, one shall be a	1231
representative of the Ohio fair managers' association, one shall	1232
be a representative of the insurance industry, one shall be an	1233
engineer, who has an academic degree in engineering and who is	1234
knowledgeable in the amusement ride industry, one shall be a	1235
representative of the Ohio festivals and events association, and	1236
two shall be representatives of the general public. One member of	1237
the council shall be designated annually by the governor as	1238
chairperson. The appointed members not representing the general	1239
public shall be appointed by the governor, with the advice and	1240
consent of the senate. One member representing the general public	1241
shall be appointed by the speaker of the house of representatives	1242
and the remaining member representing the general public shall be	1243
appointed by the president of the senate. The council shall select	1244
from its membership a vice-chairperson to act as chairperson in	1245
the chairperson's absence.	1246

Of the members first appointed by the governor, four shall be	1247
appointed for terms of two years, three for terms of four years,	1248
and two for terms of six years. The members appointed initially by	1249
the speaker of the house of representatives and the president of	1250
the senate shall each serve terms of six years. All members	1251
appointed thereafter shall serve six-year terms. Any member	1252
appointed to fill a vacancy occurring prior to the expiration of	1253
the term for which the member's predecessor was appointed shall	1254
hold office for the remainder of that term. Any member shall	1255
continue in office subsequent to the expiration date of the	1256
member's term until the member's successor takes office~~, or until~~	1257
~~a period of sixty days has elapsed, whichever occurs first~~.	1258

Members of the council shall be residents of this state and	1259
shall be reimbursed for actual and necessary expenses incurred in	1260
attending meetings of the council and in the performance of their	1261
official duties.	1262

Sec. 1711.57. Sections ~~1711.51~~1711.50 to 1711.57 of the	1263
Revised Code do not apply to any of the following:	1264

(A) A private facility~~, to any~~;

1265

(B) A single-passenger coin-operated ride,that is manually,	1266
mechanically, or electrically operated, ~~which~~is customarily is	1267
placed,either singly or in groups, in a public location, and	1268
~~which~~ does not normally require the supervision or services of an	1269
amusement ride operator~~, or to any nonmechanized~~;	1270

(C) Nonmechanized playground equipment, including swings,	1271
stationary spring-mounted animal features, rider-propelled	1272
merry-go-rounds, climbers, slides, rock climbing walls,	1273
trampolines, and swinging gates, ~~and physical fitness devices~~	1274
except where an admission fee is charged for usage or an admission	1275
fee is charged to areas where such equipment is located;	1276

(D) Devices regulated or licensed by the federal aviation	1277
administration or the federal railroad administration in the	1278
United States department of transportation, the department of	1279
transportation, or the bureau of motor vehicles in the department	1280
of public safety;	1281

(E) Vessels regulated by the department of natural resources	1282
under Chapters 1547. and 1548. of the Revised Code or under the	1283
jurisdiction of the United States coast guard;	1284

(F) Tractors, trucks, or similar vehicles at competition	1285
events;	1286

(G) Automobiles or motorcycles at competition events;

1287

(H) Animals ridden in competitive events or shows;

1288

(I) Physical fitness devices;

1289

(J) Devices to which the definition of "safe operation" in	1290
section 1711.50 of the Revised Code does not apply as determined	1291
by the director of agriculture, including mechanized bulls,	1292
surfboards, zip lines, vertical wind tunnels, skateboard or	1293
bicycle rodeo devices, cable wakeboard or ski facilities, or other	1294
devices that are not intended or manufactured to secure the rider	1295
from threat of physical danger, harm, or loss.	1296

Sec. 3717.22. (A) The following are not retail food	1297
establishments:	1298

(1) A food service operation licensed under this chapter,	1299
including a food service operation that provides the services of a	1300
retail food establishment pursuant to an endorsement issued under	1301
section 3717.44 of the Revised Code;	1302

(2) An entity exempt under divisions (B)(1) to (9) or (11) to	1303
(13) of section 3717.42 of the Revised Code from the requirement	1304
to be licensed as a food service operation and an entity exempt	1305
under division (B)(10) of that section if the entity is regulated	1306
by the department of agriculture as a food processing	1307
establishment under section 3715.021 of the Revised Code;	1308

(3) A business or that portion of a business that is	1309
regulated by the federal government or the department of	1310
agriculture as a food manufacturing or food processing business,	1311
including a business or that portion of a business regulated by	1312
the department of agriculture under Chapter 911., 913., 915.,	1313
917., 918., or 925. of the Revised Code.	1314

(B) All of the following are exempt from the requirement to	1315
be licensed as a retail food establishment:	1316

(1) An establishment with commercially prepackaged foods that	1317
are not potentially hazardous and contained in displays, the total	1318
space of which equals less than two hundred cubic feet;	1319

(2) A person at a farmers market that is registered with the	1320
director of agriculture pursuant to section 3717.221 of the	1321
Revised Code that offers for sale only one or more of the	1322
following:	1323

(a) Fresh unprocessed fruits or vegetables;

1324

(b) Products of a cottage food production operation;

1325

(c) Maple syrup, sorghum, or honey that is produced by a	1326
maple syrup or sorghum producer or beekeeper described in division	1327
(A) of section 3715.021 of the Revised Code;	1328

(d) Commercially prepackaged food that is not potentially	1329
hazardous, on the condition that the food is contained in	1330
displays, the total space of which equals less than one hundred	1331
cubic feet on the premises where the person conducts business at	1332
the farmers market.	1333

(3) A person who offers for sale at a roadside stand only	1334
fresh fruits and fresh vegetables that are unprocessed;	1335

(4) A nonprofit organization exempt from federal income	1336
taxation under section 501(c)(3) of the "Internal Revenue Code of	1337
1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, that raises	1338
funds by selling foods and that, if required to be licensed, would	1339
be classified as risk level one in accordance with rules	1340
establishing licensing categories for retail food establishments	1341
adopted under section 3717.33 of the Revised Code, if the sales	1342
occur inside a building and are ~~not potentially hazardous~~ for not	1343
more than seven consecutive days or more than fifty-two separate	1344
days during a licensing period. This exemption extends to any	1345
individual or group raising all of its funds during the time	1346
periods specified in division (B)(4) of this section for the	1347
benefit of the nonprofit organization by selling foods under the	1348
same conditions.	1349

(5) An establishment that offers food contained in displays	1350
of less than five hundred square feet, and if required to be	1351
licensed would be classified as risk level one pursuant to rules	1352
establishing licensing categories for retail food establishments	1353
adopted under section 3717.33 of the Revised Code, on the	1354
condition that the establishment offers the food for sale at	1355
retail not more than six months in each calendar year;	1356

(6) A cottage food production operation, on the condition	1357
that the operation offers its products directly to the consumer	1358
from the site where the products are produced;	1359

(7) A maple syrup and sorghum processor and beekeeper	1360
described in division (A) of section 3715.021 of the Revised Code,	1361
on the condition that the processor or beekeeper offers only maple	1362
syrup, sorghum, or honey directly to the consumer from the site	1363
where those products are processed;	1364

(8) A person who annually maintains five hundred or fewer	1365
birds, on the condition that the person offers the eggs from those	1366
birds directly to the consumer from the location where the eggs	1367
are produced or at a farm product auction to which division	1368
(B)(11) of this section applies;	1369

(9) A person who annually raises and slaughters one thousand	1370
or fewer chickens, on the condition that the person offers dressed	1371
chickens directly to the consumer from the location where the	1372
chickens are raised and slaughtered or at a farm product auction	1373
to which division (B)(11) of this section applies;	1374

(10) A person who raises, slaughters, and processes the meat	1375
of nonamenable species described in divisions (A) and (B) of	1376
section 918.12 of the Revised Code, on the condition that the	1377
person offers the meat directly to the consumer from the location	1378
where the meat is processed or at a farm product auction to which	1379
division (B)(11) of this section applies;	1380

(11) A farm product auction, on the condition that it is	1381
registered with the director pursuant to section 3717.221 of the	1382
Revised Code that offers for sale at the farm product auction only	1383
one or more of the following:	1384

(a) The products described in divisions (B)(8) to (10) of	1385
this section that are produced, raised, slaughtered, or processed,	1386
as appropriate, by persons described in divisions (B)(8) to (10)	1387
of this section;	1388

(b) Fresh unprocessed fruits or vegetables;

1389

(c) Products of a cottage food production operation;

1390

(d) Maple syrup, sorghum, or honey that is produced by a	1391
maple syrup or sorghum producer or beekeeper described in division	1392
(A) of section 3715.021 of the Revised Code.	1393

(12) An establishment that, with respect to offering food for	1394
sale, offers only alcoholic beverages or prepackaged beverages	1395
that are not potentially hazardous;	1396

(13) An establishment that, with respect to offering food for	1397
sale, offers only alcoholic beverages, prepackaged beverages that	1398
are not potentially hazardous, or commercially prepackaged food	1399
that is not potentially hazardous, on the condition that the	1400
commercially prepackaged food is contained in displays, the total	1401
space of which equals less than two hundred cubic feet on the	1402
premises of the establishment;	1403

(14) An establishment that, with respect to offering food for	1404
sale, offers only fountain beverages that are not potentially	1405
hazardous;	1406

(15) A person who offers for sale only one or more of the	1407
following foods at a festival or celebration, on the condition	1408
that the festival or celebration is organized by a political	1409
subdivision of the state and lasts for a period not longer than	1410
seven consecutive days:	1411

(a) Fresh unprocessed fruits or vegetables;

1412

(b) Products of a cottage food production operation;

1413

(c) Maple syrup, sorghum, or honey if produced by a maple	1414
syrup or sorghum processor or beekeeper as described in division	1415
(A) of section 3715.021 of the Revised Code;	1416

(d) Commercially prepackaged food that is not potentially	1417
hazardous, on the condition that the food is contained in	1418
displays, the total space of which equals less than one hundred	1419
cubic feet;	1420

(e) Fruit butter produced at the festival or celebration and	1421
sold from the production site.	1422

(16) A farm market on the condition that it is registered	1423
with the director pursuant to section 3717.221 of the Revised Code	1424
that offers for sale at the farm market only one or more of the	1425
following:	1426

(a) Fresh unprocessed fruits or vegetables;

1427

(b) Products of a cottage food production operation;

1428

(c) Maple syrup, sorghum, or honey that is produced by a	1429
maple syrup or sorghum producer or beekeeper described in division	1430
(A) of section 3715.021 of the Revised Code;	1431

(d) Commercially prepackaged food that is not potentially	1432
hazardous, on the condition that the food is contained in	1433
displays, the total space of which equals less than one hundred	1434
cubic feet on the premises where the person conducts business at	1435
the farm market;	1436

(e) Cider and other juices manufactured on site at the farm	1437
market;	1438

(f) The products or items described in divisions (B)(8) to	1439
(10) of this section, on the condition that those products or	1440
items were produced by the person offering to sell them, and	1441
further conditioned that, with respect to eggs offered, the person	1442
offering to sell them annually maintains five hundred or fewer	1443
birds, and with respect to dressed chickens offered, the person	1444
annually raises and slaughters one thousand or fewer chickens.	1445

Sec. 3769.0811. Horse races that are conducted by a county	1446
agricultural society or independent agricultural society in	1447
accordance with section 3769.082 of the Revised Code shall be	1448
conducted at the fairgrounds of the sponsoring agricultural	1449
society or, with the approval of the director of agriculture, at a	1450
track designated by the agricultural society in the applicable	1451
county. If the horse races cannot be contested due to unfavorable	1452
weather or another cause, the races may be transferred to a	1453
suitable track with the approval of the director.	1454

If a county agricultural society or independent agricultural	1455
society is unable to conduct races in accordance with section	1456
3769.082 of the Revised Code because of unfavorable weather or	1457
another cause or if the number of horse races and stake races that	1458
are conducted by an agricultural society is fewer than the number	1459
that was scheduled to be conducted, the pro rata remainder of the	1460
money distributed from the Ohio fairs fund created in section	1461
3769.082 of the Revised Code for each horse race and stake race	1462
not conducted shall be returned to the director to be credited to	1463
the fund.	1464

Sec. 4707.11. (A) Except as provided in division (B) of this	1465
section, each application for a license issued under this chapter	1466
shall be accompanied by proof of financial responsibility in the	1467
form of either an irrevocable letter of credit or a cash bond or a	1468
surety bond in the amount of twenty-five thousand dollars. If the	1469
applicant gives a surety bond, the bond shall be executed by a	1470
surety company authorized to do business in this state.	1471

A bond shall be made payable to the department of agriculture	1472
and shall include a condition that requires the applicant to	1473
comply with this chapter and rules adopted under it, including a	1474
requirement that the person refrain from conduct described in	1475
section 4707.15 of the Revised Code. All bonds shall be on a form	1476
approved by the director of agriculture.	1477

A licensee shall maintain proof of financial responsibility	1478
for three years following the date of initial licensure. After the	1479
three-year period, a licensee who has not engaged in conduct	1480
described in section 4707.15 of the Revised Code and has not	1481
otherwise violated this chapter or rules adopted under it during	1482
that period shall no longer be required to maintain proof of	1483
financial responsibility except as otherwise provided in this	1484
section.	1485

A licensee whose license expires without being renewed under	1486
section 4707.10 of the Revised Code or is suspended under section	1487
4707.15 or 4707.30 of the Revised Code shall give proof of	1488
financial responsibility in accordance with this section in order	1489
to obtain reinstatement or reactivation of the license.	1490

(B) Division (A) of this section does not apply to any of the	1491
following:	1492

(1) A licensee whose license was issued prior to July 1,	1493
2003, provided that the license continues to be renewed under	1494
section 4707.10 of the Revised Code and is not suspended under	1495
section 4707.15 or 4707.30 of the Revised Code;	1496

(2) An apprentice auctioneer licensee whose license was	1497
issued under section 4707.09 of the Revised Code prior to July 1,	1498
2003, and who applies for an auctioneer's license under section	1499
4707.07 of the Revised Code on or after July 1, 2003, provided	1500
that the apprentice auctioneer's license is not suspended under	1501
section 4707.15 or 4707.30 of the Revised Code, and, if necessary,	1502
continues to be renewed under section 4707.10 of the Revised Code,	1503
prior to the issuance of the auctioneer's license to the	1504
applicant;	1505

(3) An auction firm license that is issued under section	1506
4707.074 of the Revised Code.	1507

Section 2. That existing sections 121.04, 121.09, 307.204,	1508
505.266, 901.08, 901.43, 903.02, 907.11, 923.41, 923.52, 924.52,	1509
941.02, 941.041, 941.14, 942.02, 943.03, 943.031, 943.04, 943.05,	1510
943.16, 953.23, 955.35, 959.14, 1711.50, 1711.51, 1711.57,	1511
3717.22, and 4707.11 of the Revised Code are hereby repealed.	1512

Section 3. On the effective date of this section, the	1513
Division of Animal Industry in the Department of Agriculture is	1514
renamed the Division of Animal Health. The Division of Animal	1515
Industry's functions, and its assets and liabilities, are	1516
transferred to the Division of Animal Health. The Division of	1517
Animal Health is successor to, assumes the obligations and	1518
authority of, and otherwise continues the Division of Animal	1519
Industry. No right, privilege, or remedy, and no duty, liability,	1520
or obligation, accrued under the Division of Animal Industry is	1521
impaired or lost by reason of the renaming and shall be	1522
recognized, administered, performed, or enforced by the Division	1523
of Animal Health.	1524

Business commenced but not completed by the Division of	1525
Animal Industry or by the Chief of the Division of Animal Industry	1526
shall be completed by the Division of Animal Health or the Chief	1527
of the Division of Animal Health in the same manner, and with the	1528
same effect, as if completed by the Division of Animal Industry or	1529
the Chief of the Division of Animal Industry.	1530

All of the Division of Animal Industry's rules, orders, and	1531
determinations continue in effect as rules, orders, and	1532
determinations of the Division of Animal Health until modified or	1533
rescinded by the Division of Animal Health.	1534

Subject to the layoff provisions of sections 124.321 to	1535
124.382 of the Revised Code, all employees of the Division of	1536
Animal Industry continue with the Division of Animal Health and	1537
retain their positions and all benefits accruing thereto.	1538

The Director of Budget and Management shall determine the	1539
amount of unexpended balances in the appropriation accounts that	1540
pertain to the Division of Animal Industry and shall recommend to	1541
the Controlling Board their transfer to the appropriation accounts	1542
that pertain to the Division of Animal Health. The Chief of the	1543
Division of Animal Industry shall provide full and timely	1544
information to the Controlling Board to facilitate the transfer.	1545

Whenever the Division of Animal Industry or the Chief of the	1546
Division of Animal Industry is referred to in a statute, contract,	1547
or other instrument, the reference is deemed to refer to the	1548
Division of Animal Health or to the Chief of the Division of	1549
Animal Health, whichever is appropriate in context.	1550

No pending action or proceeding being prosecuted or defended	1551
in court or before an agency by the Division of Animal Industry or	1552
the Chief of the Division of Animal Industry is affected by the	1553
renaming and shall be prosecuted or defended in the name of the	1554
Division of Animal Health or the Chief of the Division of Animal	1555
Health, whichever is appropriate. Upon application to the court or	1556
agency, the Division of Animal Health or the Chief of the Division	1557
of Animal Health shall be substituted.	1558

Section 4. On the effective date of this section, the	1559
Division of Plant Industry in the Department of Agriculture is	1560
renamed the Division of Plant Health. The Division of Plant	1561
Industry's functions, and its assets and liabilities, are	1562
transferred to the Division of Plant Health. The Division of Plant	1563
Health is successor to, assumes the obligations and authority of,	1564
and otherwise continues the Division of Plant Industry. No right,	1565
privilege, or remedy, and no duty, liability, or obligation,	1566
accrued under the Division of Plant Industry is impaired or lost	1567
by reason of the renaming and shall be recognized, administered,	1568
performed, or enforced by the Division of Plant Health.	1569

Business commenced but not completed by the Division of Plant	1570
Industry or by the Chief of the Division of Plant Industry shall	1571
be completed by the Division of Plant Health or the Chief of the	1572
Division of Plant Health in the same manner, and with the same	1573
effect, as if completed by the Division of Plant Industry or the	1574
Chief of the Division of Plant Industry.	1575

All of the Division of Plant Industry's rules, orders, and	1576
determinations continue in effect as rules, orders, and	1577
determinations of the Division of Plant Health until modified or	1578
rescinded by the Division of Plant Health.	1579

Subject to the layoff provisions of sections 124.321 to	1580
124.382 of the Revised Code, all employees of the Division of	1581
Plant Industry continue with the Division of Plant Health and	1582
retain their positions and all benefits accruing thereto.	1583

The Director of Budget and Management shall determine the	1584
amount of unexpended balances in the appropriation accounts that	1585
pertain to the Division of Plant Industry and shall recommend to	1586
the Controlling Board their transfer to the appropriation accounts	1587
that pertain to the Division of Plant Health. The Chief of the	1588
Division of Plant Industry shall provide full and timely	1589
information to the Controlling Board to facilitate the transfer.	1590

Whenever the Division of Plant Industry or the Chief of the	1591
Division of Plant Industry is referred to in a statute, contract,	1592
or other instrument, the reference is deemed to refer to the	1593
Division of Plant Health or to the Chief of the Division of Plant	1594
Health, whichever is appropriate in context.	1595

No pending action or proceeding being prosecuted or defended	1596
in court or before an agency by the Division of Plant Industry or	1597
the Chief of the Division of Plant Industry is affected by the	1598
renaming and shall be prosecuted or defended in the name of the	1599
Division of Plant Health or the Chief of the Division of Plant	1600
Health, whichever is appropriate. Upon application to the court or	1601
agency, the Division of Plant Health or the Chief of the Division	1602
of Plant Health shall be substituted.	1603

Section 5. On the effective date of this section, the	1604
Division of Consumer Analytical Laboratory in the Department of	1605
Agriculture is renamed the Division of Consumer Protection	1606
Laboratory. The Division of Consumer Analytical Laboratory's	1607
functions, and its assets and liabilities, are transferred to the	1608
Division of Consumer Protection Laboratory. The Division of	1609
Consumer Protection Laboratory is successor to, assumes the	1610
obligations and authority of, and otherwise continues the Division	1611
of Consumer Analytical Laboratory. No right, privilege, or remedy,	1612
and no duty, liability, or obligation, accrued under the Division	1613
of Consumer Analytical Laboratory is impaired or lost by reason of	1614
the renaming and shall be recognized, administered, performed, or	1615
enforced by the Division of Consumer Protection Laboratory.	1616

Business commenced but not completed by the Division of	1617
Consumer Analytical Laboratory or by the Chief of the Division of	1618
Consumer Analytical Laboratory shall be completed by the Division	1619
of Consumer Protection Laboratory or the Chief of the Division of	1620
Consumer Protection Laboratory in the same manner, and with the	1621
same effect, as if completed by the Division of Consumer	1622
Analytical Laboratory or the Chief of the Division of Consumer	1623
Analytical Laboratory.	1624

All of the Division of Consumer Analytical Laboratory's	1625
rules, orders, and determinations continue in effect as rules,	1626
orders, and determinations of the Division of Consumer Protection	1627
Laboratory until modified or rescinded by the Division of Consumer	1628
Protection Laboratory.	1629

Subject to the layoff provisions of sections 124.321 to	1630
124.382 of the Revised Code, all employees of the Division of	1631
Consumer Analytical Laboratory continue with the Division of	1632
Consumer Protection Laboratory and retain their positions and all	1633
benefits accruing thereto.	1634

The Director of Budget and Management shall determine the	1635
amount of unexpended balances in the appropriation accounts that	1636
pertain to the Division of Consumer Analytical Laboratory and	1637
shall recommend to the Controlling Board their transfer to the	1638
appropriation accounts that pertain to the Division of Consumer	1639
Protection Laboratory. The Chief of the Division of Consumer	1640
Analytical Laboratory shall provide full and timely information to	1641
the Controlling Board to facilitate the transfer.	1642

Whenever the Division of Consumer Analytical Laboratory or	1643
the Chief of the Division of Consumer Analytical Laboratory is	1644
referred to in a statute, contract, or other instrument, the	1645
reference is deemed to refer to the Division of Consumer	1646
Protection Laboratory or to the Chief of the Division of Consumer	1647
Protection Laboratory, whichever is appropriate in context.	1648

No pending action or proceeding being prosecuted or defended	1649
in court or before an agency by the Division of Consumer	1650
Analytical Laboratory or the Chief of the Division of Consumer	1651
Analytical Laboratory is affected by the renaming and shall be	1652
prosecuted or defended in the name of the Division of Consumer	1653
Protection Laboratory or the Chief of the Division of Consumer	1654
Protection Laboratory, whichever is appropriate. Upon application	1655
to the court or agency, the Division of Consumer Protection	1656
Laboratory or the Chief of the Division of Consumer Protection	1657
Laboratory shall be substituted.	1658

Section 6. The Consumer Protection Laboratory Fund created	1659
in section 901.43 of the Revised Code, as amended by this act, is	1660
a continuation of the Consumer Analytical Laboratory Fund created	1661
in section 901.43 of the Revised Code prior to its amendment by	1662
this act.	1663

Section 7. Section 1711.50 of the Revised Code is presented	1664
in this act as a composite of the section as amended by both Sub.	1665
H.B. 535 and Sub. H.B. 670 of the 121st General Assembly. The	1666
General Assembly, applying the principle stated in division (B) of	1667
section 1.52 of the Revised Code that amendments are to be	1668
harmonized if reasonably capable of simultaneous operation, finds	1669
that the composite is the resulting version of the section in	1670
effect prior to the effective date of the section as presented in	1671
this act.	1672