As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 453

Representative Pelanda 

Cosponsors: Representatives Grossman, Buchy, Hackett, Adams, J. 

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A BILL

To amend sections 901.23, 921.12, 941.01, 941.03,

1

941.04, 941.06, 941.07, 941.09, 941.10, 941.11,

2

941.14, 1327.46, 1327.48, 1327.50, 1327.501,

3

1327.61, 1327.99, and 4707.02 and to enact section

4

1327.502 of the Revised Code to include diseases

5

of concern within the scope of the Animal Diseases

6

Law, and to make changes to the laws governing

7

weights and measures and auctioneers, the

8

membership of the Farmland Preservation Advisory

9

Board, and the pesticide licensing renewal

10

process.

11

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

Section 1.  That sections 901.23, 921.12, 941.01, 941.03,	12
941.04, 941.06, 941.07, 941.09, 941.10, 941.11, 941.14, 1327.46,	13
1327.48, 1327.50, 1327.501, 1327.61, 1327.99, and 4707.02 be	14
amended and section 1327.502 of the Revised Code be enacted to	15
read as follows:	16

Sec. 901.23. (A) There is hereby created the farmland	17
preservation advisory board consisting of twelve voting members	18
appointed by the director of agriculture as follows:	19

(1) One member who is a county commissioner or a	20
representative of a statewide organization that represents county	21
commissioners;	22

(2) One member who is a township trustee or a representative	23
of a statewide organization that represents township trustees;	24

(3) One representative of thean Ohio state university;

25

(4) One representative of a nonprofit organization dedicated	26
to the preservation of farmland;	27

(5) One representative each of development, environmental,	28
planning, and soil and water conservation interests;	29

(6) One farmer from each of the state's four quadrants.

30

Terms of office shall be staggered and shall be for three	31
years, with each term ending on the same day of the same month as	32
did the term that it succeeds. Each member shall hold office from	33
the date of appointment until the end of the term for which the	34
member was appointed, except that the term of any member who is a	35
county commissioner or township trustee shall end when the member	36
ceases to serve as a county commissioner or township trustee.	37

Members may be reappointed. Vacancies shall be filled in the	38
manner provided for original appointments. Any member appointed to	39
fill a vacancy occurring prior to the expiration date of the term	40
for which the member was appointed shall serve for the remainder	41
of that term. A member shall continue to serve subsequent to the	42
expiration date of the member's term until the member's successor	43
takes office or until a period of sixty days has elapsed,	44
whichever occurs first. Members shall serve at the pleasure of the	45
director.	46

The executive director of the office of farmland preservation	47
in the department of agriculture or another employee of the	48
department who is designated by the director shall serve as the	49
nonvoting chairperson of the board. The director annually shall	50
designate one member of the board to serve as its	51
vice-chairperson. The board may adopt bylaws governing its	52
operation and shall meet at a time when the director, or the	53
director's designee, considers it appropriate in order for the	54
board to provide advice as required under division (B) of this	55
section.	56

(B) The board shall provide advice to the director regarding	57
all of the following:	58

(1) The design and implementation of an agricultural easement	59
purchase program;	60

(2) The selection of applications that will be awarded	61
matching grants under division (D) of section 901.22 of the	62
Revised Code for the purchase of agricultural easements;	63

(3) The design and implementation of any other statewide	64
farmland protection measures that the director considers	65
appropriate.	66

(C) Serving as a member of the board does not constitute	67
holding a public office or position of employment under the laws	68
of this state and does not constitute grounds for removal of	69
public officers or employees from their offices or positions of	70
employment.	71

(D) A board member shall be reimbursed for actual and	72
necessary expenses incurred in the discharge of duties as a board	73
member.	74

Sec. 921.12.  (A) The director of agriculture shall require	75
each applicant for a license under section 921.06 or 921.11 of the	76
Revised Code to be examined on the applicant's knowledge and	77
competency in each of the following:	78

(1) This chapter and rules adopted under it;

79

(2) The proper use, handling, and application of pesticides	80
and, if the applicant is applying for a license under section	81
921.06 of the Revised Code, in the conducting of diagnostic	82
inspections in the pesticide-use categories for which the	83
applicant has applied.	84

(B) Each application for renewal of a license provided for in	85
section 921.06 of the Revised Code shall be filed prior to the	86
deadline established by rule. If filed after the deadline, a	87
penalty of fifty per cent shall be assessed and added to the	88
original fee and shall be paid by the applicant before the renewal	89
license is issued. However, if a license issued under section	90
921.06 or 921.11 of the Revised Code is not renewed within one	91
year ofhundred eighty days after the date of expiration, the	92
licensee shall be required to take another examination on this	93
chapter and rules adopted under it and on the proper use,	94
handling, and application of pesticides and, if applicable, the	95
proper conducting of diagnostic inspections in the pesticide-use	96
categories for which the licensee has been licensed.	97

(C) A person who fails to pass an examination under division	98
(A) or (B) of this section is not entitled to an adjudication	99
under Chapter 119. of the Revised Code for that failure.	100

(D) The holder of a commercial applicator license may renew	101
the license within one year ofhundred eighty days after the date	102
of expiration without re-examination unless the director	103
determines that a new examination is necessary to insure that the	104
holder continues to meet the requirements of changing technology	105
and to assure a continuing level of competence and ability to use	106
pesticides safely and properly.	107

(E) The director shall determine whenholder of a private	108
applicator license may renew the license within one hundred eighty	109
days after the date of expiration without re-examination for	110
unless the renewal of licenses for private applicatorsdirector	111
determines that a new examination is requirednecessary to insure	112
that private applicators continuethe holder continues to meet the	113
requirements of changing technology and to assure a continuing	114
level of competence and ability to use pesticides safely and	115
properly.	116

(F) Instead of requiring a commercial applicator or private	117
applicator to complete re-examination successfully under division	118
(D) or (E) of this section, the director may require, in	119
accordance with criteria established by rule, the commercial	120
applicator or private applicator to participate in training	121
programs that are designed to foster knowledge of new technology	122
and to ensure a continuing level of competence and ability to use	123
pesticides safely and properly. The director or the director's	124
representative may provide the training or may authorize a third	125
party to do so. In order for such authorization to occur, the	126
third party and its training program shall comply with standards	127
and requirements established by rule.	128

Sec. 941.01.  As used in this chapter:

129

(A) "Dangerously contagious or infectious disease" means any	130
disease, including any foreign animal disease, or vector, that the	131
director of agriculture, in histhe director's sound discretion,	132
determines to be of harmful effect on the animal or poultry	133
industry or the public health and to be capable of transmission by	134
any means from a carrier animal to a human or to another animal.	135

(B) "Disease of concern" means any disease, including any	136
foreign animal disease, or vector, that the director determines	137
may have an adverse impact on the animal or poultry industry or to	138
the public health in this state, but that is not a disease that is	139
reportable to the United States department of agriculture.	140

(C) "Geographic area" means any county or counties within	141
this state or parts thereof as may be designated by the director.	142

(C)(D) "Animal" means any animal that is a bird, reptile,	143
amphibian, fish, or mammal, other than humans.	144

(D)(E) "Domestic animal" includes livestock; other animals	145
that through long association with humans have been bred to a	146
degree resulting in genetic changes affecting the temperament,	147
color, conformation, or other attributes of the species to an	148
extent that makes them different from nondomestic animals of their	149
kind; and other animals as defined by rule by the director.	150

(E)(F) "Foreign animal disease" means a contagious or	151
infectious disease that is not present in United States domestic	152
or nondomestic species populations and is listed by the United	153
States department of agriculture as a "foreign animal disease."	154

(F)(G) "Nondomestic animal" means any animal that is not	155
domestic, including at least nonindigenous animals and animals	156
usually not in captivity.	157

(G)(H) "Poultry" means any domesticated fowl kept in	158
confinement, except for doves and pigeons, that are bred for the	159
primary purpose of producing eggs or meat for human consumption.	160
"Poultry" includes chickens, turkeys, waterfowl, and game birds.	161

(H)(I) "Vector" means a disease carrier, usually from, but	162
not limited to, the arthropod class, whichthat transfers an	163
infectious agent that may transmit a dangerously contagious or	164
infectious disease from one host to another.	165

(I)(J) "Residue" means any poisonous or deleterious pesticide	166
governed by 40 C.F.R. 180, any poisonous or deleterious substance	167
governed by 21 C.F.R. 109.6, or any other substance governed by 21	168
C.F.R. 556.	169

(J)(K) "Seal" means any band or object made of metal,	170
plastic, or other material placed on a vehicle or other means of	171
conveyance so that when the vehicle or conveyance is opened, the	172
band or object is affected, altered, or broken.	173

Sec. 941.03.  (A) The director of agriculture, under Chapter	174
119. of the Revised Code, may adopt and enforce rules to carry out	175
this chapter, including designating a disease or vector as a	176
dangerously contagious or infectious disease or as a disease of	177
concern.	178

(B) No person shall fail to comply with the rules adopted by	179
the director under division (A) of this section.	180

Sec. 941.04.  (A) Whenever the director of agriculture or his	181
the director's authorized representative reasonably suspects that	182
any premises or means of conveyance contains an animal that is	183
infected with or has been exposed to a dangerously contagious or	184
infectious disease or a disease of concern or is adulterated with	185
a residue, hethe director or the director's authorized	186
representative shall have free access to those premises or that	187
means of conveyance at any reasonable time.	188

(B) Whenever the director of agriculture or histhe	189
director's authorized representative reasonably suspects that any	190
vehicle or means of conveyance traveling into or through the state	191
contains an animal, hethe director or the director's authorized	192
representative shall have free access to the vehicle or means of	193
conveyance, including the right to stop suchthe vehicle or	194
conveyance transporting animals into or through the state. The	195
director or histhe director's authorized representative may	196
examine any certificate of veterinary inspection, animal health	197
certificate, waybill, yarding recieptreceipt, sale ticket, or	198
other document required by this chapter or rules adopted under it.	199
The director or histhe director's authorized representative also	200
may inspect the vehicle or conveyance for the purposes of	201
verifying the presence or existence of any animal for which a	202
document is required by this chapter or rules adopted under it and	203
verifying lawful possession or ownership of the animal. This	204
division does not apply to animals transported intrastate.	205

Within the parameters of the United States and Ohio	206
constitutions, any person who operates a vehicle or means of	207
conveyance upon a roadway in this state is deemed to have	208
consented to the inspection of the vehicle or conveyance and the	209
documents as described in this section.	210

(C) In the event the owner of the animal or the operator of	211
the vehicle or conveyance fails to present any document required	212
by this chapter and rules adopted under it, or if the documents	213
indicate or the director or histhe director's authorized	214
representative reasonably suspects that an animal is infected with	215
or has been exposed to a dangerously contagious or infectious	216
disease or a disease of concern or is adulterated with a residue,	217
the director or histhe director's authorized representative shall	218
seal the vehicle or conveyance. A seal shall not be broken or	219
removed from a vehicle or conveyance within this state or any	220
other state except by the director or histhe director's	221
authorized representative or by a person holding a similar	222
position in another state, territory, or country.	223

Once the vehicle or conveyance is sealed, its operator shall	224
choose a course of action to be taken under division (D) of	225
section 941.10 of the Revised Code. If the operator fails to	226
choose and the owner of the animal can be contacted, the owner	227
shall make the choice. If the owner cannot be contacted, the	228
director or histhe director's authorized representative shall	229
make the choice. Any time that the director or histhe director's	230
authorized representative determines that a course of action under	231
division (D) of section 941.10 of the Revised Code is	232
inappropriate, hethe director or the director's authorized	233
representative may refuse to allow that course of action to be	234
taken or may limit it. The director or histhe director's	235
authorized representative shall issue a permit designating and	236
requiring compliance with the course of action chosen under this	237
division.	238

If the director or histhe director's authorized	239
representative reasonably suspects that an animal is stolen or	240
that the operator of the vehicle or conveyance is not in lawful	241
possession of the animal, or while waiting for a search warrant to	242
be issued under section 941.042 of the Revised Code, hethe	243
director or the director's authorized representative may detain or	244
impound the vehicle or conveyance or detain the animal. If the	245
director or histhe director's authorized representative	246
determines, during any detention or impoundment, that disposal of	247
the animal is necessary, hethe director or the director's	248
authorized representative may provide for its disposal in	249
accordance with section 941.043 of the Revised Code.	250

(D) The director or histhe director's authorized	251
representative, in performing hisofficial duties under this	252
section, may call on such law enforcement personnel and government	253
officials as are necessary to assist himprovide assistance. The	254
director or histhe director's authorized representative may	255
detain or follow any vehicle or conveyance until those persons	256
arrive.	257

(E) At the direction of the director and in histhe	258
director's discretion, an employee of the animal and plant health	259
inspection service-veterinary services in the United States	260
department of agriculture may be an authorized representative of	261
the director for purposes of this chapter.	262

Sec. 941.06.  (A) If any person has reason to suspect the	263
existence of a dangerously contagious or infectious disease, a	264
disease of concern, or a residue, hethe person immediately shall	265
give notice of that fact to the director of agriculture or to a	266
licensed veterinarian.	267

(B) If a veterinarian receives notice of the existence or	268
suspected existence of a dangerously contagious or infectious	269
disease, a disease of concern, or a residue as provided in	270
division (A) of this section, hethe veterinarian immediately	271
shall communicate that notice to the director.	272

(C) No person shall sell, attempt to sell, keep with intent	273
to sell, or otherwise transfer to another person an animal that he	274
the person knows, or has reason to know, is infected with or	275
exposed to any dangerously contagious or infectious disease or a	276
disease of concern or is adulterated with a residue, except as	277
otherwise provided in this chapter or rules adopted under it.	278

Sec. 941.07.  (A) When the director of agriculture is	279
notified by any person of the possibility of the existence of a	280
dangerously contagious or infectious disease, a disease of	281
concern, or a residue, the director immediately shall order an	282
investigation to be made, in. In order to conduct an	283
investigation, the director or histhe director's designee may	284
quarantine the animal and, if hethe director or the director's	285
designee considers it necessary, the geographic area in which the	286
animal was located immediately, so that hethe director or the	287
director's designee is able to inspect, examine, and test the	288
animal and other animals within the geographic area.	289

(B) Except as otherwise provided in this chapter, if, as the	290
result of the investigation, an animal is found to be infected	291
with or exposed to a dangerously contagious or infectious disease	292
or a disease of concern or adulterated with a residue, the	293
director or histhe director's authorized representative may issue	294
quarantine orders, without a prior hearing, pursuant to this	295
section in order to prevent dangerously contagious or infectious	296
diseases, diseases of concern, or residues from affecting other	297
animals in the state or the public health. No person shall fail to	298
comply with the terms and conditions of the quarantine order.	299

(C) No animal or its means of conveyance shall be brought to	300
or removed from the premises or geographic area disclosed in a	301
quarantine order without written permission from the director or	302
histhe director's authorized representative.	303

(D) The director, if possible, shall notify any person owning	304
or having custody of a quarantined animal either in person or by	305
certified mail, return receipt requested. Evidence of the	306
notification of a quarantine order shall be proved by affidavit or	307
by the certified mail return receipt. The director also may post	308
the quarantine order at two conspicuous places on the quarantined	309
premises.	310

(E) A quarantine order shall contain all of the following	311
information:	312

(1) The name and address of the person owning and having	313
custody of the quarantined animal, if known;	314

(2) A description of the quarantined animal;

315

(3) A description of the premises and means of conveyance	316
affected by the quarantine;	317

(4) The reason for the quarantine;

318

(5) The terms and conditions applicable to the quarantine;

319

(6) A notice to the effect that persons adversely affected by	320
the quarantine order may request a hearing to review the order.	321

(F) A person adversely affected by a quarantine order, within	322
thirty days after the order is issued, may request in writing a	323
hearing in accordance with Chapter 119. of the Revised Code. A	324
request for a hearing does not stay a quarantine order.	325

(G) A quarantine order shall remain in effect until a written	326
notice of release is issued by the department of agriculture, or	327
until ordered to be removed after a hearing under division (F) of	328
this section.	329

(H) All necessary and proper expenses incurred by the	330
director in the quarantine of an animal shall be paid by the	331
state. However, such expenses shall not include the maintenance,	332
feeding, and quartering of the animal while in quarantine.	333

(I) A copy of the results of any tests or method of detection	334
for a dangerously contagious or infectious disease or a disease of	335
concern, conducted by a person authorized by the department of	336
agriculture, shall be admitted in any court as prima-facie proof	337
of suchthose results when suchthe results are certified by the	338
department or authorized person.	339

Sec. 941.09.  (A) The director of agriculture may adopt and	340
enforce rules in accordance with Chapter 119. of the Revised Code	341
governing the identification of an animal tested for, vaccinated	342
against, or infected with a dangerously contagious or infectious	343
disease or a disease of concern or adulterated with a residue and	344
the importation, use, dispensation, and reporting of the use of	345
vaccines for mitigating dangerously contagious or infectious	346
diseases or diseases of concern or other treatments for residues.	347

(B) No person shall remove, alter, or replace an	348
identification that is required by federal or state law and is	349
placed upon an animal by a person authorized by the director.	350

Sec. 941.10.  (A) The director of agriculture may adopt and	351
enforce rules to govern the importation and movement of animals.	352

(B) Whenever the governor upon receipt of information from	353
the director believes that any condition or disease, including a	354
dangerously contagious or infectious disease or a disease of	355
concern present in any other state, territory, or country, may	356
endanger the health of livestock, animals, or persons of this	357
state, hethe governor may prohibit or regulate by proclamation,	358
the importation from suchthat other state, territory, or country,	359
of animals of a kind that could carry that disease or condition	360
into this state.	361

(C) No person shall import, move, sell, or dispose of any	362
animal contrary to a proclamation issued by the governor under	363
division (B) of this section, without first obtaining written	364
permission from the director.	365

(D) When an animal is moved into the state in violation of	366
any applicable federal or state law, the director or histhe	367
director's authorized representative, without prior hearing, may	368
take whichever of the following courses of action regarding the	369
animal as hethe director or the director's authorized	370
representative determines is most appropriate:	371

(1) Quarantine the animal until it is brought into	372
compliance;	373

(2) Order the animal returned to the point of origin;

374

(3) Order the animal moved to slaughter.

375

Sec. 941.11.  (A) Except as otherwise provided in this	376
chapter, the director of agriculture, without prior hearing, may	377
order the destruction of any domestic or nondomestic animal found	378
to be adulterated with residues, infected with or exposed to a	379
dangerously contagious or infectious disease, infected with or	380
exposed to a disease of concern, or determined to endanger the	381
health or well-being of animal populations or public health in the	382
state. If the director determines that seizure and destruction of	383
a nondomestic animal is necessary, hethe director shall	384
coordinate the seizure and destruction of that animal with the	385
department of natural resources.	386

(B) No person shall fail to comply with the director's order	387
to destroy an animal found to be infected with or exposed to a	388
dangerously contagious or infectious disease or a disease of	389
concern or adulterated with residues.	390

(C) The director, if possible, shall notify any person owning	391
or having custody of an animal ordered destroyed, either in person	392
or by certified mail, return receipt requested, prior to	393
destruction. Evidence of the notification of a destruction order	394
shall be proved by an affidavit or by the certified mail return	395
receipt.	396

(D) A destruction order shall contain all of the following	397
information:	398

(1) The name and address of the person owning and having	399
custody of the animal, if known;	400

(2) A description of the animal affected by the order;

401

(3) The reason for the order;

402

(4) A reasonable deadline for compliance with the order;

403

(5) A notice to the effect that any person adversely affected	404
by the destruction order may request a hearing to review the	405
order.	406

(E) A person adversely affected by an order may request in	407
writing, within thirty days after receiving the order, a hearing	408
in accordance with Chapter 119. of the Revised Code.	409

Sec. 941.14.  (A) The owner shall burn the body of an animal	410
that has died of, or been destroyed because of, a dangerously	411
infectious or contagious disease, bury it not less than four feet	412
under the surface of the ground, dissolve it by alkaline	413
hydrolysis, remove it in a watertight tank to a rendering	414
establishment, or otherwise dispose of it in accordance with	415
section 953.26 or 1511.022 of the Revised Code within twenty-four	416
hours after knowledge thereof or after notice in writing from the	417
department of agriculture.	418

(B) The owner of premises that contain a dead animal shall	419
burn the body of the animal, bury it not less than four feet	420
beneath the surface of the ground, dissolve it by alkaline	421
hydrolysis, remove it in a watertight tank to a rendering	422
establishment, or otherwise dispose of it in accordance with	423
section 953.26 or 1511.022 of the Revised Code within a reasonable	424
time after knowledge thereof or after notice in writing from the	425
department or from the township trustees of the township in which	426
the owner's premises are located.	427

(C) The director of agriculture may adopt rules in accordance	428
with Chapter 119. of the Revised Code establishing requirements	429
and procedures governing the disposal of the body of an animal	430
that has died of, or been destroyed because of, a disease of	431
concern.	432

(D) Notwithstanding division (A) or (B) of this section or	433
rules adopted under division (C) of this section, the director of	434
agriculture, in written notice sent to the owner of a dead animal,	435
may require the owner to employ a specific method of disposition	436
of the body, including burning, burying, rendering, composting, or	437
alkaline hydrolysis, when that method does not conflict with any	438
law or rule governing the disposal of infectious wastes and, in	439
the director's judgment, is necessary for purposes of animal	440
disease control. No person shall fail to employ the method of	441
disposition required under this division.	442

(D)(E) The director, in written notice sent to the owner of a	443
dead animal, may prohibit the owner from transporting the body of	444
the dead animal on any street or highway if that prohibition does	445
not conflict with any law or rule governing the transportation of	446
infectious wastes and, in the director's judgment, is necessary	447
for purposes of animal disease control. No person shall fail to	448
comply with a prohibition issued under this division.	449

(E)(F) As used in this section, "infectious wastes" has the	450
same meaning as in section 3734.01 of the Revised Code, and	451
"street" or "highway" has the same meaning as in section 4511.01	452
of the Revised Code.	453

Sec. 1327.46.  As used in sections 1327.46 to 1327.61 of the	454
Revised Code:	455

(A) "Weights and measures" means all weights and measures of	456
every kind, instruments and devices for weighing and measuring,	457
and any appliances and accessories associated with any such	458
instruments and devices, except that "weights and measures" shall	459
not be construed to include meters for the measurement of	460
electricity, gas, whether natural or manufactured, or water when	461
the same are operated in a public utility system. Such	462
electricity, gas, and water meters, and appliances or accessories	463
associated therewith, are specifically excluded from the purview	464
of the weights and measures laws.	465

(B) "Intrastate commerce" means all commerce or trade that is	466
begun, carried on, and completed wholly within the limits of this	467
state, and "introduced into intrastate commerce" defines the time	468
and place in which the first sale and delivery of a commodity is	469
made within the state, the delivery being made either directly to	470
the purchaser or to a common carrier for shipment to the	471
purchaser.	472

(C) "Package" means any commodity put up or packaged in any	473
manner in advance of sale in units suitable for either wholesale	474
or retail sale.	475

(D) "Consumer package" means a package that is customarily	476
produced or distributed for sale through a retail sales agency for	477
consumption by an individual or use by an individual.	478

(E) "Weight" as used in connection with any commodity means	479
net weight.	480

(F) "Correct" as used in connection with weights and measures	481
means conformity with all applicable requirements of sections	482
1327.46 to 1327.61 of the Revised Code and rules adopted pursuant	483
to those sections.	484

(G) "PrimaryReference standards" means the physical	485
standards of the state that serve as the legal reference from	486
which all other standards and weights and measures are derived.	487

(H) "SecondaryWorking standards" means the physical	488
standards that are traceable to the primaryreference standards	489
through comparisons, using acceptable laboratory procedures, and	490
used in the enforcement of weights and measures laws and rules.	491

(I) "Sale from bulk" means the sale of commodities when the	492
quantity is determined at the time of sale.	493

(J) "Net weight" means the weight of a commodity, excluding	494
any materials, substances, or items not considered to be a part of	495
the commodity. Materials, substances, or items not considered to	496
be part of the commodity include, but are not limited to,	497
containers, conveyances, bags, wrappers, packaging materials,	498
labels, individual piece coverings, decorative accompaniments, and	499
coupons.	500

(K) "Random weight package" means a package that is one of a	501
lot, shipment, or delivery of packages of the same commodity with	502
no fixed pattern of weights.	503

(L) "Sold" includes keeping, offering, or exposing for sale.

504

(M) "Commercially used weighing and measuring device" means a	505
device described in the national institute of standards and	506
technology handbook 44 or its supplements and revisions and any	507
other weighing and measuring device designated by rules adopted	508
under division (C) of section 1327.50 of the Revised Code.	509
"Commercially used weighing and measuring device" includes, but is	510
not limited to, a livestock scale, vehicle scale, railway scale,	511
vehicle tank meter, bulk rack meter, and LPG meter.	512

(N) "Livestock scale" means a scale equipped with stock racks	513
and gates that is adapted to weighing livestock standing on the	514
scale platform.	515

(O) "Vehicle scale" means a scale that is adapted to weighing	516
highway, farm, or other large industrial vehicles other than	517
railroad cars.	518

(P) "Railway scale" means a rail scale that is designed to	519
weigh railroad cars.	520

(Q) "Vehicle tank meter" means a vehicle mounted device that	521
is designed for the measurement and delivery of liquid products	522
from a tank.	523

(R) "Bulk rack meter" means a wholesale device, usually	524
mounted on a rack, that is designed for the measurement and	525
delivery of liquid products.	526

(S) "LPG meter" means a system, including a mechanism or	527
machine of the meter type, that is designed to measure and deliver	528
liquefied petroleum gas in the liquid state by a definite quantity	529
whether installed in a permanent location or mounted on a vehicle.	530

(T) "Service person" means an individual who installs,	531
services, repairs, reconditions, or places into service a	532
commercially used weighing and measuring device for any type of	533
compensation.	534

Sec. 1327.48.  Weights and measures that are traceable to the	535
United States prototype standards supplied by the federal	536
government, or approved as being satisfactory by the national	537
institute of standards and technology, shall be the state primary	538
reference standards of weights and measures, and shall be	539
maintained in such calibration as is prescribed by the national	540
institute of standards and technology. All secondaryworking	541
standards may be prescribed by the director of agriculture and	542
shall be verified upon their initial receipt, and as often as	543
found necessary by the director.	544

Sec. 1327.50.  The director of agriculture shall:

545

(A) Maintain traceability of the state standards to those of	546
the national institute of standards and technologyinternational	547
system of units;	548

(B) Enforce sections 1327.46 to 1327.61 of the Revised Code;

549

(C) Issue reasonable rules for the uniform enforcement of	550
sections 1327.46 to 1327.61 of the Revised Code, which rules shall	551
have the force and effect of law;	552

(D) Establish standards of weight, measure, or count,	553
reasonable standards of fill, and standards for the voluntary	554
presentation of cost per unit information for any package;	555

(E) Grant any exemptions from sections 1327.46 to 1327.61 of	556
the Revised Code, or any rules adopted under those sections, when	557
appropriate to the maintenance of good commercial practices in the	558
state;	559

(F) Conduct investigations to ensure compliance with sections	560
1327.46 to 1327.61 of the Revised Code;	561

(G) Delegate to appropriate personnel any of these	562
responsibilities for the proper administration of the director's	563
office;	564

(H) Test as often as is prescribed by rule the standards of	565
weight and measure used by any municipal corporation or county	566
within the state, and approve the same when found to be correct;	567

(I) Inspect and test weights and measures that are sold;

568

(J) Inspect and test to ascertain if they are correct,	569
weights and measures commercially used either:	570

(1) In determining the weight, measure, or count of	571
commodities or things sold on the basis of weight, measure, or	572
count;	573

(2) In computing the basic charge or payment for goods or	574
services rendered on the basis of weight, measure, or count.	575

(K) Test all weights and measures used in checking the	576
receipt or disbursement of supplies in every institution, for the	577
maintenance of which funds are appropriated by the general	578
assembly;	579

(L) Approve for use, and may mark, such weights and measures	580
as the director finds to be correct, and shall reject and mark as	581
rejected such weights and measures as the director finds to be	582
incorrect. Weights and measures that have been rejected may be	583
seized if not corrected within the time specified or if used or	584
disposed of in a manner not specifically authorized, and may be	585
condemned and seized if found to be incorrect and not capable of	586
being made correct.	587

(M) Weigh, measure, or inspect packaged commodities that are	588
sold or in the process of delivery to determine whether they	589
contain the amounts represented and whether they are sold in	590
accordance with sections 1327.46 to 1327.61 of the Revised Code or	591
rules adopted under those sections. In carrying out this section,	592
the director shall employ recognized sampling procedures, such as	593
those designated in the national institute of standards and	594
technology handbook 133 "checking the net contents of packaged	595
goods."	596

(N) Prescribe by rule the appropriate term or unit of weight	597
or measure to be used, whenever the director determines in the	598
case of a specific commodity that an existing practice of	599
declaring the quantity by weight, measure, numerical count, or	600
combination thereof, does not facilitate value comparisons by	601
consumers, or offers an opportunity for consumer confusion;	602

(O) Allow reasonable variations from the stated quantity of	603
contents, which shall include those caused by unavoidable	604
deviations in good manufacturing practice and by loss or gain of	605
moisture during the course of good distribution practice, only	606
after the commodity has entered intrastate commerce;	607

(P) Provide for the weights and measures training of	608
inspector personnel and establish minimum training requirements,	609
which shall be met by all inspector personnel, whether county,	610
municipal, or state;	611

(Q) Prescribe the methods of tests and inspections to be	612
employed in the enforcement of sections 1327.46 to 1327.61 of the	613
Revised Code. The director may prescribe the official test and	614
inspection forms to be used.	615

(R) Provide by rule for voluntary registration with the	616
director of privateservice persons who are employed by	617
commercially used weighing and measuring device servicing	618
agencies, and personnel;	619

(S) In conjunction with the national institute of standards	620
and technology, operate a type evaluation program for	621
certification of weighing and measuring devices as part of the	622
national type evaluation program. The director shall establish a	623
schedule of fees for services rendered by the department of	624
agriculture for type evaluation services. The director may require	625
any weighing or measuring instrument or device to be traceable to	626
a national type evaluation program certificate of conformance	627
prior to use for commercial or law enforcement purposes.	628

(T) Verify advertised prices, price representations, and	629
point-of-sale systems, as necessary, to determine both the	630
accuracy of prices and computations and the correct use of the	631
equipment and the accuracy of prices printed or recalled from a	632
database if a system utilizes scanning or coding in lieu of manual	633
entry. In order to implement this division, the director shall do	634
all of the following:	635

(1) Employ recognized procedures such as those designated in	636
the national institute of standards and technology handbook 130,	637
uniform laws and regulations, "examination procedures for price	638
verification";	639

(2) Adopt rules establishing requirements governing the	640
accuracy of advertised prices and point-of-sale systems and	641
establishing requirements and procedures for the enforcement of	642
this division;	643

(3) Conduct necessary inspections.

644

Sec. 1327.501.  (A) No person shall operate in this state a	645
commercially used weighing and measuring device that provides the	646
final quantity and finalor cost of a final transaction and for	647
which a fee is established in division (G) of this section unless	648
the operator of the device obtains a permit issued by the director	649
of agriculture or the director's designee.	650

(B) An application for a permit shall be submitted to the	651
director on a form that the director prescribes and provides. The	652
applicant shall include with the application any information that	653
is specified on the application form as well as the application	654
fee established in this section.	655

(C) Upon receipt of a completed application and the required	656
fee from an applicant, the director or the director's designee	657
shall issue or deny the permit to operate the commercially used	658
weighing and measuring device that was the subject of the	659
application.	660

(D) A permit issued under this section expires on the	661
thirtieth day of June of the year following its issuance and may	662
be renewed annually on or before the first day of July of that	663
year upon payment of a permit renewal fee established in this	664
section.	665

(E) If a permit renewal fee is more than sixty days past due,	666
the director may assess a late penalty in an amount established	667
under this section.	668

(F) The director shall do both of the following:

669

(1) Establish procedures and requirements governing the	670
issuance or denial of permits under this section;	671

(2) Establish late penalties to be assessed for the late	672
payment of a permit renewal fee and fees for the replacement of	673
lost or destroyed permits.	674

(G) An applicant for a permit to operate under this section	675
shall pay an application fee in the following applicable amount:	676

(1) Seventy-five dollars for a livestock scale;

677

(2) Seventy-five dollars for a vehicle scale;

678

(3) Seventy-five dollars for a railway scale;

679

(4) Seventy-five dollars for a vehicle tank meter;

680

(5) Seventy-five dollars for a bulk rack meter;

681

(6) Seventy-five dollars for aan LPG meter.

682

A person who is issued a permit under this section and who	683
seeks to renew that permit shall pay an annual permit renewal fee.	684
The amount of a permit renewal fee shall be equal to the	685
application fee for that permit established in this division.	686

(H) All money collected through the payment of fees and the	687
imposition of penalties under this section shall be credited to	688
the metrology and scale certification and device permitting fund	689
created in section 1327.511 of the Revised Code.	690

Sec. 1327.502.  A service person who is employed by a	691
commercially used weighing and measuring device servicing agency	692
shall register with the director of agriculture in accordance with	693
rules adopted under section 1327.50 of the Revised Code.	694

Sec. 1327.61.  No person shall do any of the following:

695

(A) Use or have in possession for use in commerce any	696
incorrect weight or measure;	697

(B) Wrap, package, label, or advertise any product or service	698
contrary to this chapter, or any rules adopted under it, or sell,	699
offer, hold, or expose for sale any service or product wrapped,	700
packaged, labeled, or offered for sale contrary to this chapter or	701
any rules adopted under it, or misrepresent the quantity or price	702
or service contrary to this chapter, or any rules adopted under	703
it;	704

(C) Remove any tag, seal, or mark from any weight or measure	705
without specific written authorization from the proper authority;	706

(D) Install for use, repair, service, or place into service a	707
commercially used weighing and measuring device unless the	708
installation, repair, service, or placement is performed by one of	709
the following:	710

(1) A department of agriculture division of weights and	711
measures inspector;	712

(2) A service person registered with the department;

713

(3) A county or municipal weights and measures inspector.

714

(E) Hinder or obstruct any weights and measures official in	715
the performance of hisofficial duties;	716

(E)(F) Sell or offer for use in commerce any incorrect weight	717
or measure.	718

Sec. 1327.99.  Whoever violates section 1327.501 or 1327.54	719
or division (A), (B), (C), (D), or (D)(E) of section 1327.61 of	720
the Revised Code or a rule adopted under sections 1327.46 to	721
1327.61 of the Revised Code is guilty of a misdemeanor of the	722
second degree on a first offense; on each subsequent offense	723
within seven years after the first offense, suchthe person is	724
guilty of a misdemeanor of the first degree.	725

Sec. 4707.02. (A) No person shall act as an auction firm,	726
auctioneer, apprentice auctioneer, or special auctioneer within	727
this state without a license issued by the department of	728
agriculture. No auction shall be conducted in this state except by	729
an auctioneer licensed by the department.	730

The department shall not issue or renew a license if the	731
applicant or licensee has been convicted of a felony or crime	732
involving fraud or theft in this or another state at any time	733
during the ten years immediately preceding application or renewal.	734

(B) Division (A) of this section does not apply to any of the	735
following:	736

(1) Sales at auction that either are required by law to be at	737
auction, other than sales pursuant to a judicial order or decree,	738
or are conducted by or under the direction of a public authority;	739

(2) The owner of any real or personal property desiring to	740
sell the property at auction, provided that the property was not	741
acquired for the purpose of resale;	742

(3) An auction mediation company;

743

(4) An auction that is conducted in a course of study for	744
auctioneers that is approved by the state auctioneers commission	745
created under section 4707.03 of the Revised Code for purposes of	746
student training and is supervised by a licensed auctioneer;	747

(5)(a) An auction that is sponsored by a nonprofit or	748
charitable organization that is registered in this state under	749
Chapter 1702. or Chapter 1716. of the Revised Code, respectively,	750
if the auction only involves the property of the members of the	751
organization and the auction is part of a fair that is organized	752
by an agricultural society under Chapter 1711. of the Revised Code	753
or by the Ohio expositions commission under Chapter 991. of the	754
Revised Code at which an auctioneer who is licensed under this	755
chapter physically conducts the auction; or	756

(b) Sales at an auction sponsored by a charitable, religious,	757
or civic organization that is tax exempt under subsection	758
501(c)(3) of the Internal Revenue Code, or by a public school,	759
chartered nonpublic school, or community school, if no person in	760
the business of organizing, arranging, or conducting an auction	761
for compensation and no consignor of consigned items sold at the	762
auction, except such organization or school, receives compensation	763
from the proceeds of the auction. As used in division (B)(5)(b) of	764
this section, "compensation" means money, a thing of value other	765
than participation in a charitable event, or a financial benefit.	766

(6) A person licensed as a livestock dealer under Chapter	767
943. of the Revised Code who exclusively sells livestock and uses	768
an auctioneer who is licensed under this chapter to conduct the	769
auction;	770

(7) A person licensed as a motor vehicle auction owner under	771
Chapter 4517. of the Revised Code who exclusively sells motor	772
vehicles to a person licensed under Chapter 4517. of the Revised	773
Code and who uses an auctioneer who is licensed under this chapter	774
to conduct the auction;	775

(8) A person who sellsSales of real or personal property	776
conducted by means of the internet, provided that they are not	777
conducted in conjunction with a live auction;	778

(9) A bid calling contest that is approved by the commission	779
and that is conducted for the purposes of the advancement or	780
promotion of the auction profession in this state, provided that	781
no compensation is paid to the sponsor of or participants in the	782
contest other than a prize or award for winning the contest;	783

(10) An auction at which the champion of a national or	784
international bid calling contest appears, provided that both of	785
the following apply:	786

(a) The champion is not paid a commission.

787

(b) The auction is conducted under the direct supervision of	788
an auctioneer licensed under this chapter in order to ensure that	789
the champion complies with this chapter and rules adopted under	790
it.	791

(C)(1) No person shall advertise or hold oneself out as an	792
auction firm, auctioneer, apprentice auctioneer, or special	793
auctioneer without a license issued by the department of	794
agriculture.	795

(2) Division (C)(1) of this section does not apply to an	796
individual who is the subject of an advertisement regarding an	797
auction conducted under division (B)(5)(b) of this section.	798

Section 2.  That existing sections 901.23, 921.12, 941.01,	799
941.03, 941.04, 941.06, 941.07, 941.09, 941.10, 941.11, 941.14,	800
1327.46, 1327.48, 1327.50, 1327.501, 1327.61, 1327.99, and 4707.02	801
of the Revised Code are hereby repealed.	802

Section 3. The member who is serving on the Farmland	803
Preservation Advisory Board on the effective date of this section	804
who was appointed under division (A)(3) of section 901.23 of the	805
Revised Code as that section existed prior to its amendment by	806
this act shall continue serving on the Board until the end of the	807
term for which the member was appointed. The Director of	808
Agriculture then shall appoint a member of the Board under	809
division (A)(3) of that section as amended by this act.	810