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S. B. No. 202As IntroducedAs Introduced
125th General Assembly | Regular Session | 2003-2004 |
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SENATOR Mumper
A BILL
To amend sections 901.22, 918.01, 918.02, 918.08, 918.11, 918.25, 918.28, 955.51 to 955.53, and 3715.65 of the Revised Code to revise the laws governing the inspection of meat and poultry, claims for injuries to certain animals by coyotes or black vultures, agricultural easements, and applications concerning new drugs.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 901.22, 918.01, 918.02, 918.08, 918.11, 918.25, 918.28, 955.51, 955.52, 955.53, and 3715.65 of the Revised Code be amended to read as follows:
Sec. 901.22. (A) The director of agriculture, in
accordance
with
Chapter 119. of the
Revised Code, shall adopt
rules that do
all of the following: (1) Establish procedures and eligibility criteria for
making
matching grants to municipal corporations, counties,
townships,
and charitable organizations described in division (B) of
section
5301.69 of the Revised Code for the purchase of agricultural
easements.
With respect to agricultural easements that are
purchased or proposed to be purchased with such matching grants
that consist in whole or in part of moneys from the clean Ohio
agricultural easement fund created in section 901.21 of the
Revised Code,
the rules
shall establish all of the following: (a) Procedures for all of the following: (i) Soliciting and accepting applications for matching
grants; (ii) Participation by local governments and by the public
in
the process of making matching grants to charitable
organizations; (iii) Notifying local governments, charitable
organizations,
and organizations that represent the interests of
farmers of the
ranking system established in rules adopted under
division
(A)(1)(b) of this section. (b) A ranking system for applications for the matching
grants that is based on the soil type, proximity of the land or
other land that is conducive to agriculture as defined by rules
adopted under this section and that
is the subject of an
application to other agricultural land or other land that is
conducive to agriculture as defined by rules adopted under this
section and that
is already or is in
the process of becoming
permanently protected
from development,
farm stewardship,
development pressure, and, if
applicable, a
local comprehensive
land
use plan involved with a
proposed
agricultural easement. The
rules shall require that
preference be
given to proposed
agricultural easements that
involve the greatest
proportion of all
of the following: (i) Prime soils, unique or locally important soils,
microclimates, or similar features; (ii) Land that is adjacent to or that is in close
proximity
to other agricultural land or other land that is
conducive to
agriculture as defined by rules adopted under this
section and
that is already or is in the
process of becoming
permanently
protected from development, by
agricultural easement
or otherwise,
so that a buffer would exist
between the land
involving the
proposed agricultural easement and
areas that have
been developed
or likely will be developed for
purposes other than
agriculture; (iii)
The use of best management practices, including
federally or state approved conservation plans, and a history of
substantial compliance with applicable federal and state laws; (iv) Development pressure that is imminent, but not a
result
of current location in the direct path of urban
development; (v) Areas identified for agricultural protection in local
comprehensive land use plans. (c) Any other criteria that the director determines are
necessary for selecting applications for matching grants; (d) Requirements regarding the information that must be
included in the annual monitoring report that must be prepared for
an agricultural easement under division (D)(2) of section 5301.691
of the Revised Code, procedures for submitting a copy of the
report to the office of farmland preservation in the department of
agriculture, and requirements and procedures governing corrective
actions that may be necessary to enforce the terms of the
agricultural easement. (2) Establish provisions that shall be included in the
instrument conveying to a municipal corporation, county,
township,
or charitable organization any agricultural easement purchased
with
matching grant funds provided by the director under this
section, including, without limitation,
all of the following
provisions: (a) A provision stating that an easement so
purchased may be
extinguished only if an unexpected
change in the conditions of or
surrounding the land that is
subject to the easement makes
impossible or impractical the
continued use of the land for the
purposes described in the
easement, or if the requirements of the
easement are extinguished
by judicial proceedings; (b) A provision requiring that, upon the sale,
exchange, or
involuntary conversion of the land subject to
the easement, the
holder of the easement shall be paid an amount of money that
is
at
least equal to the proportionate value of the
easement compared to
the total value of the land at the time the
easement was acquired; (c) A provision requiring that, upon receipt of the
portion
of the proceeds of a sale, exchange, or involuntary
conversion
described in division (A)(2)(b)
of this section, the municipal
corporation, county,
township, or charitable organization remit to
the director an amount of money
equal to the percentage of the
cost
of purchasing the easement it received as a
matching grant
under this section. Moneys received by the director pursuant to rules adopted
under division (A)(2)(c) of this
section shall be credited to the
agricultural easement purchase
fund created in section 901.21 of
the
Revised Code. (3)
Establish a provision that provides a charitable
organization described in division (B) of section 5301.69 of the
Revised Code, municipal corporation, township, or county with the
option of purchasing agricultural easements either in installments
or with a lump sum payment. The rules shall include a requirement
that a charitable organization, municipal corporation, township,
or county negotiate with the seller of the agricultural easement
concerning any installment payment terms, including the dates and
amounts of payments and the interest rate on the outstanding
balance. The rules also shall require the director to approve any
method of payment that is undertaken in accordance with the rules
adopted under division (A)(3) of this section. (4) Establish any other requirements that the director
considers to
be
necessary or appropriate to implement or
administer a program to
make
matching
grants under this section
and monitor those grants. (B) The director may
develop guidelines regarding the
acquisition of agricultural
easements by the department of
agriculture and the
provisions of instruments conveying those
easements. The
director may make the guidelines available to
public and private
entities authorized to acquire and hold
agricultural
easements. (C) The director may
provide technical assistance in
developing a program for the
acquisition and monitoring of
agricultural
easements to public and private entities authorized
to hold
agricultural easements. The technical assistance
may
include, without limitation, reviewing and providing
advisory
recommendations regarding draft instruments conveying
agricultural
easements. (D)(1) The director may
make matching grants from the
agricultural
easement purchase fund
and the clean Ohio
agricultural
easement fund to municipal corporations,
counties,
townships, and
charitable organizations described in division
(B)
of section
5301.69 of the Revised Code, to assist those political
subdivisions and charitable organizations
in purchasing
agricultural easements. Application
for a matching grant shall be
made on forms prescribed and
provided by the director. The
matching grants shall be made in
compliance with the criteria and
procedures established in rules
adopted under this section.
Instruments conveying
agricultural
easements purchased with
matching grant funds provided under
this section, at a minimum,
shall include the mandatory
provisions set forth in those rules. Matching grants made under this division using moneys from
the clean Ohio agricultural easement fund created in section
901.21 of the
Revised
Code may provide up to seventy-five per cent
of the value
of an
agricultural easement as determined by a
general real estate
appraiser who is certified under Chapter 4763.
of the Revised
Code or as determined through a points-based appraisal system established under division (D)(2) of this section. Not less than twenty-five per cent of the
value of the
agricultural easement shall be provided by the
recipient of the
matching grant or donated by the person who is
transferring the
easement to the grant recipient. The amount of
such a matching
grant used for the purchase of a single
agricultural easement
shall not exceed one million dollars. (2) The director shall establish a points-based appraisal system for the purposes of division (D)(1) of this section. The director may include any or all of the following factors in the system:
(a) Whether the applicable county auditor has determined that the land is land that is devoted exclusively to agriculture for the purposes of sections 5713.30 to 5713.38 of the Revised Code;
(b) Changes in land values following the completion of the applicable county auditor's reappraisal or triennial update;
(c) Soil types and productivity;
(d) Proximity of the land to land that is already subject to an agricultural easement, conservation easement created under sections 5301.67 to 5301.70 of the Revised Code, or similar land-use limitation;
(e) Proximity of the land to water and sewer lines, road interchanges, and nonagricultural development;
(f) Parcel size and roadway frontage of the land;
(g) Existence of an agreement entered into under division (D) of section 1515.08 of the Revised Code or of an operation and management plan developed under division (A) of section 1511.021 of the Revised Code;
(h) Existence of a comprehensive plan that is adopted under section 303.02 or 519.02 of the Revised Code or that is adopted by the planning commission of a municipal corporation under section 713.06 of the Revised Code;
(i) Any other factors that the director determines are necessary for inclusion in the system. (E)
For any agricultural easement purchased with a matching
grant that consists in whole or in part of moneys from the clean
Ohio agricultural easement fund, the director shall be named as a
grantee on the instrument conveying the easement, as shall the
municipal corporation, county, township, or charitable
organization that receives the grant. (F)(1) The director shall monitor and evaluate the
effectiveness
and efficiency of the agricultural easement program
as a farmland preservation
tool. On or before July 1, 1999, and
the first day of July
of each year thereafter, the director shall
prepare and submit a report to the
chairpersons of the standing
committees of the senate and the house of
representatives that
consider legislation regarding agriculture. The report
shall
consider and address the following criteria to determine the
program's
effectiveness: (a) The number of agricultural easements purchased during
the
preceding year; (b) The location of those easements; (c) The number of acres of land preserved for agricultural
use; (d) The amount of money used by a municipal corporation,
township,
or county from its general fund or special fund to
purchase the agricultural
easements; (e) The number of state matching grants given to purchase
the
agricultural easements; (f) The amount of state matching grant moneys used to
purchase
the agricultural easements. (2) The report also shall consider and include, at a
minimum, the
following information for each county to determine
the program's efficiency: (a) The total number of acres in the county; (b) The total number of acres in current agricultural use; (c) The total number of acres preserved for agricultural use
in
the preceding year; (d) The average cost, per acre, of land preserved for
agricultural use in the preceding year.
Sec. 918.01. As used in sections 918.01 to 918.11 of the
Revised Code: (A) "Federal inspection" means an inspection pursuant to the
"Federal Meat Inspection Act," 34 Stat. 1260 (1907), 21 U.S.C.A.
71, as amended by the "Wholesome Meat Act," 81 Stat. 584 (1967),
21 U.S.C.A. 601, and any subsequent amendments thereto. (B) "State inspection" means the meat inspection service
conducted by the department of agriculture. (C) "Establishment" means all premises in the state where animals are
slaughtered or otherwise prepared for food purposes, meat
canneries, sausage factories, smoking or curing operations, and
similar places. (D) "Animals" means cattle, calves, sheep, swine, horses, mules, other
equines, goats, and other animals specified under division (A) of section
918.12 of the Revised Code. (E) "Carcass" means all parts, including viscera, of
slaughtered animals that are capable of being used for human
food. (F) "Meat products" means any product capable of use as
human food that is made wholly or in part from any meat or other
portion of the carcass of any animal, excepting products which that
are exempted from definition as a meat product by the director of
agriculture under such conditions as he the director prescribes
to ensure that the meat or other portions of such carcasses contained in such the
product are not adulterated and that such the products are not
represented as meat products. (G) "Wholesome" means sound, healthful, clean, and
otherwise fit for human food. (H) "Adulterated," as applied to any carcass, part
thereof, or meat product, has the same meaning as in
sections 3715.59 and 3715.62 of the Revised Code or as otherwise
prescribed by the director by rules. (I) "Inspector" means any employee of the department authorized by the
director to inspect animals,
carcasses, or meat products. (J) "Official mark" means the official inspection legend
or any other symbol prescribed by rules of the director to
identify the status of any article or animals under this chapter. (K) "Labeling" means all labels and any other display of
written, printed, or graphic matter: (1) Upon any article or any of its containers or wrappers,
not including package liners; (2) Accompanying such an article. (L) "Ohio retained" means that the animal or the meat
product so identified is held for further examination by a
veterinary inspector to determine its disposal. (M) "Prepared" means slaughtered, canned, salted,
rendered, boned, cut up, smoked, cooked, or otherwise
manufactured or processed. (N) "Capable of use as human food" as applied to any
animal carcass, part thereof, or meat product means any animal
carcass, part thereof, or meat food product that is not
denatured or otherwise identified as required by state or federal
law or rules or regulations to deter its use as human food and that is
naturally edible by humans. (O) "Misbranded," as applied to any carcass, part thereof,
or meat product has the same meaning as in section 3715.60
of the Revised Code, or as otherwise prescribed by the director
by rules. (P) "Retail dealer" or "retail butcher" means any place of
business where the sales of products are made to consumers only,
at least seventy-five per cent of the total dollar value of sales
of products represents sales to household consumers, and the
sales of products to consumers other than household consumers
does not exceed twenty-eight thousand eight hundred dollars per
year the adjusted dollars limitation for annual retail sales published in the Federal Register by the food safety and inspection service in the United States department of agriculture. On the first day of March in any
year in which an adjustment is made, and whenever the change
exceeds five hundred dollars, the director shall
adjust the then current ceiling based upon the change in the
price of the volume of products whose total price is equal to the
then current ceiling. The adjustment shall be equal to the total
dollar change in price of the same volume of products between the
most recently completed calendar year and the next preceding
calendar year as measured by changes in the United States
department of labor's national consumer price index for those
periods of time.
Sec. 918.02. (A) The director of agriculture, or the
director's designee, shall provide ante-mortem inspections of all
animals
slaughtered at establishments licensed under division (A)
of section 918.08 of
the Revised Code where and to the extent the
director
considers it necessary. If, upon
inspection, symptoms of
disease or other abnormal conditions
that would render the
animals unfit for human food are
found,
those animals shall be
retained or permanently and conspicuously
identified with an
official mark indicating they have been
condemned and shall be
disposed of in a manner prescribed by the
director. (B) The director shall provide post-mortem inspection to
the
extent the director considers necessary of all animals
for human
food in establishments licensed under division (A) of section
918.08
of the Revised Code. The head, tongue, tail, viscera, and
other
parts, and blood used in the preparation of meat products or
medicinal products shall be retained in such a manner as to
preserve their identity until the post-mortem examination has
been
completed. Wholesome carcasses shall be identified with an
official mark indicating they have been approved. Each
unwholesome carcass shall be marked conspicuously by the
inspector
at the time of inspection with an official mark
indicating the
carcass has been condemned, and all carcasses
and parts
thereof
thus inspected and condemned shall be destroyed for food
purposes
by the establishment in the presence of an inspector.
If any
carcass or any part thereof, upon examination and
inspection
subsequent to the first examination and inspection, is
found to be
adulterated, it shall be destroyed for food purposes
by the
establishment in the presence of an inspector. All
unborn or
stillborn animals shall be condemned. Carcasses of
animals that
have died by means other than slaughter shall not
be brought into
any room in which meat products are processed,
handled, or stored. (C) The director shall provide inspection of all
processing
operations at establishments licensed under division
(A) of
section 918.08 of the Revised Code where animal carcasses,
parts
thereof, or meat products may be brought in and further
treated
and prepared, and shall provide inspection and
supervision in
processing departments to ensure that controls are
effective at
all times. (D) Establishments licensed under section 918.08 of the
Revised Code shall furnish satisfactory facilities and assistance
for ante-mortem and post-mortem inspections as required by the
director. The director may require operations at the
establishments to be
conducted during reasonable hours. Licensees
shall inform the director in advance of intended hours of
operation. When one inspector is assigned to make inspections at
two or more establishments where few animals are slaughtered, or
where small quantities of meat products are prepared, the
director
may designate the hours of the day and the days of the
week during
which the establishment may be operated. No person
shall deny
access to any authorized inspector upon the
presentation of proper
identification at any reasonable time to
such establishments and
to records pertaining to the source and
sale of carcasses and meat
products.
The director shall adopt rules
in accordance with
Chapter 119.
of the Revised Code establishing the rate at which an
establishment shall reimburse the
division
of
meat inspection for
inspection services of more than eight hours in any given
day, of
more than forty hours in any given week Sunday through
Saturday,
or on any holiday as specified in division (A) of
section 124.19
of the Revised Code. (E) The director may limit the entry of animals, animal
carcasses, or parts thereof, meat food products, and other
materials into any establishment at which inspection is
maintained
under this chapter
to ensure that
allowing the entry of such
articles into such inspected
establishments will be consistent
with the purposes of this
chapter. (F) All carcasses, parts thereof, and meat products
inspected at any establishment under the authority of this
chapter
and found to be not adulterated, at the time they
leave the
establishment, shall bear, in distinctly legible forms directly
theron
thereon or on their containers, appropriate labeling as
the
director may require in accordance with rules adopted under this
chapter.
No article subject to this
chapter shall be sold or
offered for sale by any person, under
any names or labeling that
is false or misleading. (G) The director shall adopt and enforce
sanitation rules
pursuant to this chapter,
under which establishments shall be
maintained. Where the
sanitary conditions of any such
establishment are such that the
meat product is rendered
adulterated, the product shall be
retained and not allowed to be
labeled with an official mark.
The rules pertaining to sanitary
conditions shall conform with the
sanitation standard operating
procedures established in Title 9 of
the Code of Federal
Regulations and shall require
that an establishment be evaluated
by determining its compliance with those
procedures. In addition,
the rules shall require that if an establishment
does not have a
plan for a particular production process under its hazard
analysis
critical control point system plan as required in rules, the meat
product
of the process may be considered to be adulterated and
shall be retained
pending a production process review and not
allowed to be labeled with an
official mark.
Sec. 918.08. (A) Except as provided in division
(E)(F) of
this
section, no
person shall operate an establishment
without
first
licensing the establishment with the department
of
agriculture.
The owner of an establishment desiring
a license with
the
department may make
application therefor on forms provided by
the
department. If
after inspection the director of agriculture
finds
that an
establishment is in compliance with this chapter and rules adopted under it,
the
director shall notify the owner of the establishment and, upon
receipt of the required license fee, the establishment
shall be
permitted to operate. However, if after inspection the director finds that an establishment is not in compliance with this chapter and rules adopted under it, the director shall deny the license application. The applicant may appeal the denial of the license application in accordance with Chapter 119. of the Revised Code. The license shall expire
annually on the
thirty-first day of March and, if the director finds that the establishment is in compliance with this chapter and rules adopted under it, shall be renewed
according to the
standard renewal procedure of sections 4745.01
to 4745.03 of the
Revised Code. (B) The annual license fee for each establishment, or
a
renewal thereof, is fifty dollars. All fees collected under this
section
shall be deposited into the poultry and meat products fund
created in section
918.15 of the Revised Code. (C) If after inspection the director determines that an establishment
licensed under division (A) of this section is operating in
violation of this chapter or the rules adopted thereunder, the
director shall notify the licensee in
writing of the violation and
give the licensee ten days from
the date of notice to cease or
correct the conditions causing the violation. If
the conditions causing the violation continues continue after the
expiration of the ten-day
period, the director may withdraw
inspection and order the establishment to
cease those operations
subject to this chapter. Any such order and the
appeal therefrom
shall be governed by do either of the following:
(1) Impose progressive enforcement actions as provided in division (D)(1) of this section in the same manner as inspectors;
(2) Suspend or revoke the establishment's license in accordance with Chapter 119. of the Revised Code. (D)(1) If an inspector determines that an establishment
licensed under
division (A) of this section is operating in
violation of sections
918.01 to 918.12 of the Revised Code and
rules adopted under those sections, the inspector
shall may notify the
licensee in writing of the violation. The inspector
immediately
may impose progressive enforcement actions, including withholding
the mark of inspection, suspension of inspection, and suspension
of inspection
held in abeyance, and withdrawal of inspection. The progressive enforcement
actions may be taken prior to
affording the licensee an
opportunity for a hearing. As authorized in
division (C) of
section 119.06 of the Revised Code, a decision to impose an a progressive
enforcement action is immediately appealable to a higher authority
within the
department who is classified by the director as a
district supervisor and who
is designated by the director to hear
the appeal. If the district supervisor
affirms the enforcement
action of the inspector, the licensee may appeal the
enforcement
action in accordance with
chapter
Chapter 119. of the Revised Code. (2) As used in this division (D)(1) of this section, "suspension of inspection held in
abeyance" means
a period of time during which a suspension of
inspection is lifted because an
establishment has presented the
director with a corrective action plan that,
if implemented
properly, would bring the establishment into compliance with
this
chapter and rules adopted under it. (E) If in the opinion of the director the establishment is
being
operated under such insanitary conditions as to be a hazard
to public health,
or if the director determines that an
establishment is not in compliance
with its hazard analysis
critical control point system plan as required by
rules, the director
may condemn or retain the product
on hand and immediately withdraw
inspection from the
establishment until the insanitary conditions
are
corrected or until the establishment is in compliance with its
hazard
analysis critical control point system plan, as applicable. The director may take those actions prior to an adjudication hearing as required under section 119.06 of the Revised Code. The director subsequently shall afford a hearing upon the request of the owner or operator of the establishment. (F) Any person operating an establishment as defined in
section 918.01 of the
Revised Code who also operates on the same
premises an establishment as
defined in section 918.21 of the
Revised Code shall apply either for licensure
under section 918.08
of the Revised Code or for licensure under section 918.28
of the
Revised Code, but not for both, as the director shall determine. (G) If the director determines that the owner or operator of or any person employed by an establishment licensed under division (A) of this section forcibly assaulted, resisted, opposed, impeded, intimidated, or interfered with any person while that person was engaged in, or because of the person's performance of, official duties under sections 918.01 to 918.12 of the Revised Code or the rules adopted under those sections, the director immediately may withdraw inspection from the establishment prior to an adjudication hearing as required under section 119.06 of the Revised Code.
(H) In addition to any remedies provided by law and irrespective of whether or not there exists an adequate remedy at law, the director may apply to the court of common pleas of the county in which a violation of sections 918.01 to 918.12 of the Revised Code or rules adopted under those sections occurs for a temporary or permanent injunction or other appropriate relief concerning the violation.
Sec. 918.11. (A) No carcass, parts thereof, or meat products shall be
stamped or otherwise identified with an official mark unless the carcass,
parts, or products have been so identified at an establishment licensed under
division (A) of section 918.08 of the Revised Code. (B) No person shall offer for sale or sell meat or meat products that have not been inspected
in compliance with sections 918.01 to 918.11 of the Revised Code. (C) No person shall knowingly offer for sale or sell adulterated meat or meat
products that are detrimental to public health and safety. (D) All fines and penalties recovered for violating this section shall be
deposited into the poultry and meat products fund created in
section 918.15 of the Revised Code.
Sec. 918.25. The director of agriculture shall,
in
accordance with Chapter 119. of the Revised Code,
adopt and
enforce
rules as necessary for the implementation,
administration,
and enforcement of sections 918.21 to 918.31 of
the
Revised Code. The rules shall meet or exceed the
federal
standards for meat inspection established in Title 9 of the
Code
of Federal Regulations. The rules adopted
under
this section
shall provide for the
protection
of the public health, safety, and
welfare and for maximum
coordination and cooperation between state
and federal programs
for regulation of poultry and poultry
products, and may include
the following: (A) Exemption of certain products as "poultry products"
under the definition in section 918.21 of the Revised Code; (B) Provision for the retention, identification, and
disposal of condemned poultry and poultry products and for the
identification of approved products; (C) Sanitary requirements for premises, facilities, and
equipment, for the operation thereof, and for the storage and
handling of poultry and poultry products in establishments
licensed under section 918.28 of the Revised Code.
The rules
pertaining to sanitary conditions shall conform with the
sanitation standard operating procedures in Title 9 of the
Code of
Federal Regulations and shall require that
an establishment be
evaluated by determining its compliance with those
procedures. (D) Requirements for maintenance of records under section
918.24 of the Revised Code; (E) Procedures for application and licensing, and the
revocation and suspension of licenses; (F) Requirements for marking and attaching the information
required by section 918.31 of the Revised Code, including
specific
styles, legibility and size of type, method of affixing,
variations, and exemptions; (G) Such other rules as are necessary for
the proper
administration, implementation, and enforcement of sections 918.21
to 918.31 of the Revised Code, including rules
requiring that an
inspection of an establishment's slaughter and processing
operations be conducted in accordance with the establishment's
hazard analysis
critical control point system plan. In addition, the
rules shall require that if
an establishment does not have a plan
for a particular production process
under its hazard analysis
critical control point system plan as required in rules,
the poultry
product of the process may be considered to be adulterated and
shall be retained pending a production process review and not
allowed to be
labeled with an official mark.
Sec. 918.28. (A) Except as provided in division (F) of
section 918.08 of the
Revised Code, application for a license to
operate an establishment shall be
made to the director of
agriculture on forms provided by the department of agriculture. The
director
shall inspect the establishment and if, upon inspection, the
establishment is found to be in compliance with sections 918.21 to
918.31 of
the Revised Code, this chapter and rules adopted under
it, the
director shall so
notify the owner of the establishment and, upon
receipt of the annual license
fee of fifty dollars, shall issue
the owner a license. However, if after inspection the director finds that an establishment is not in compliance with this chapter and rules adopted under it, the director shall deny the license application. The applicant may appeal the denial of the license application in accordance with Chapter 119. of the Revised Code. The
license shall expire on the thirty-first
day of March of each year and, if the director finds that the establishment is in compliance with this chapter and rules adopted under it, shall
be renewed according to the
standard renewal procedures of sections 4745.01 to
4745.03 of the
Revised Code. (B) If after inspection the director determines that an establishment
licensed under this
section is operating in violation of sections
918.21 to 918.31 of the Revised
Code, this chapter or a rule or order adopted
or made issued under authority thereof,
the
director shall notify the
licensee in writing of the violation, giving
the licensee ten
days from the date of the notice to correct
the conditions causing
the violation. If the conditions are not corrected
within the
ten-day period, the director may revoke do either of the following:
(1) Impose progressive enforcement actions as provided in division (C)(1) of this section in the same manner as inspectors;
(2) Suspend or suspend revoke the license in
accordance with Chapter 119. of the Revised Code. (C)(1) If an inspector determines that an establishment
licensed
under division (A) of this section is operating in
violation of
sections 918.21 to 918.31 of the Revised Code and
rules adopted under those sections, the
inspector shall may notify the
licensee in writing of the violation. The
inspector immediately
may impose progressive enforcement actions, including
withholding
the mark of inspection, suspension of inspection, and suspension
of inspection held in abeyance, and withdrawal of inspection. The progressive enforcement
actions may be
taken prior to affording the licensee an
opportunity for a hearing. As
authorized in division (C) of
section 119.06 of the Revised Code, a decision to
impose an a progressive
enforcement action is immediately appealable to a higher authority
within the department who is classified by the director as a
district
supervisor and who is designated by the director to hear
the appeal. If the
district supervisor affirms the enforcement
action of the inspector, the
licensee may appeal the enforcement
action in accordance with Chapter
119. of the Revised Code. (2) As used in this division (C)(1) of this section, "suspension of inspection held in
abeyance" means
a period of time during which a suspension of
inspection is lifted because an
establishment as has presented the
director with a corrective action plan that,
if implemented
properly, would bring the establishment into compliance with
this
chapter and rules adopted under it. (D) If in the opinion of the director the establishment is
being
operated under such insanitary conditions as to be a hazard
to public health,
or if the director determines that an
establishment is not in compliance
with its hazard analysis
critical control point system plan as required by
rules, the director
may condemn or retain the product on hand and immediately withdraw
inspection
from the plant establishment until such time as the insanitary
conditions are corrected
or until the establishment is in
compliance with its hazard analysis
critical control point system plan,
as applicable. (E) If the director determines that the owner or operator of or any person employed by an establishment licensed under division (A) of this section forcibly assaulted, resisted, opposed, impeded, intimidated, or interfered with any person while that person was engaged in, or because of the person's performance of, official duties under sections 918.21 to 918.31 of the Revised Code or the rules adopted under those sections, the director immediately may withdraw inspection from the establishment prior to an adjudication hearing as required under section 119.06 of the Revised Code.
(F) In addition to any remedies provided by law and irrespective of whether or not there exists an adequate remedy at law, the director may apply to the court of common pleas of the county in which a violation of sections 918.21 to 918.31 of the Revised Code or rules adopted under those sections occurs for a temporary or permanent injunction or other appropriate relief concerning the violation.
Sec. 955.51. (A) Any owner of horses As used in sections 955.51 to 955.53 of the Revised Code: (1) "Animal" means a horse, mule, sheep, head of cattle,
swine, mules, goats goat, domestic rabbits rabbit, or domestic fowl or
poultry that have an aggregate fair market value of ten dollars
or more and. (2) "Fair market value" means the average price that is paid for a healthy grade animal at a livestock auction selected by the director of agriculture and licensed under Chapter 943. of the Revised Code.
(3) "Grade animal" means an animal that is not eligible for registration by a breed association or in a registry.
(4) "Predator" means a coyote or a black vulture.
(B) An owner of an animal that have has been injured or killed by a coyote or a black vulture predator and that the owner believes has a fair market value of more than twenty-five dollars shall
notify the dog warden do both of the following within three days seventy-two hours after the loss or injury
has been discovered. The:
(1) Notify the dog warden by telephone;
(2) Document by photograph the wounds sustained by the animal.
If the owner chooses to file a claim under sections 955.51 to 955.53 of the Revised Code, the owner shall complete a claim form for indemnification in quadruplicate as prescribed by the director in section 955.53 of the Revised Code and provided by the dog warden. The owner may request, and the dog warden shall provide, assistance in filling out the form. For the purposes of section 955.52 of the Revised Code, the owner shall send to the department of agriculture, within thirty days after discovery of the animal, the original copy of the claim form, all photographs documenting the wounds of the animal, and any other pertinent facts in the possession of the owner.
If the animal that is killed or injured is registered by any accepted association or in an accepted registry, the owner shall submit with the claim form that is filed with the department the registration papers showing the animal's lines of breeding, age, and other relevant information. If the animal is the offspring of registered stock and is eligible for registration, the registration papers showing the lines of breeding of the offspring shall be submitted as well.
The owner shall retain a copy of the claim form and provide a copy of the form to both the dog warden and the wildlife officer that investigates the claim, if applicable. (C) Following notification from the owner of an animal under division (B) of this section, the dog warden promptly shall investigate the loss
or injury and shall determine whether or not the loss
or injury was made by a coyote or a black vulture predator. If the dog warden finds determines that the
loss or injury was not made by a coyote or a black vulture predator, the owner has no claim
under sections 955.51 to 955.53 of the Revised Code. If the dog
warden finds determines that the loss or injury was made by a coyote or a black vulture predator, the dog warden
promptly shall notify by telephone the wildlife officer of that finding determination. For the purposes of section 955.52 of the Revised Code, the dog warden shall send to the department the dog warden's determination of whether the animal was killed or injured by a predator and any other documents, testimony, or information that the dog warden has received relating to the loss or injury of the animal. The (D) Following notification from the dog warden under division (C) of this section, the
wildlife officer then shall confirm the finding determination of the dog warden on the claim, disaffirm it, or state that
the wildlife officer is
uncertain about the finding determination. If the wildlife officer disaffirms the determination of the dog warden, the owner has no claim under sections 955.51 to 955.53 of the Revised Code. If the wildlife officer affirms the
finding determination of the dog warden or states that the wildlife officer is uncertain about
that finding determination, the owner may proceed with a claim under sections
955.51 to 955.53 of the Revised Code, and the dog warden shall
provide the owner with duplicate copies of the claim form
provided for in section 955.53 of the Revised Code and assist the owner
in filling it out. The owner shall set forth the kind, grade,
quality, and what the owner has determined is the fair market value of
the animals, fowl, or poultry, the nature and amount of the loss
or injury, the place where the loss or injury occurred, and all
other pertinent facts in the possession of the claimant. If the
animals, fowl, or poultry die as a result of their injuries,
their fair market value is the market value of uninjured animals,
fowl, or poultry on the date of the death of the injured animals,
fowl, or poultry. If the animals, fowl, or poultry do not die as
a result of their injuries, their fair market value is their
market value on the date on which they received their injuries. (B) If the dog warden finds all the statements that the
owner made on the form to be correct and agrees with the owner as
to the fair market value of the animals, fowl, or poultry, the dog warden
promptly shall so certify and send both copies of the form,
together with whatever other documents, testimony, or information
the dog warden has received relating to the loss or injury, to the department
of agriculture.
(C) If the dog warden does not find all the statements to
be correct or does not agree with the owner as to the fair market
value, the owner may appeal to the department of agriculture for
a determination of the owner's claim. In that case the owner shall
secure statements as to the nature and amount of the loss or
injury from at least two witnesses who viewed the results of the
killing or injury and who can testify about the results and shall
submit both copies of the form to the department no later than
twenty days after the loss or injury was discovered. The dog
warden shall submit to the department whatever documents,
testimony, and other information the dog warden has received relating to the
loss or injury. The department shall receive any other
information or testimony that will enable it to determine the
fair market value of the animals, fowl, or poultry injured or
killed.
(D) If the animals, fowl, or poultry described in division
(A) of this section are registered in any accepted association or
registry, the owner or the owner's employee or tenant shall submit with
the claim form the registration papers showing the lines of
breeding, age, and other relevant matters. If the animals are
the offspring of registered stock and eligible for registration,
the registration papers showing the breeding of the offspring
shall be submitted wildlife officer shall so notify in writing the department for the purposes of section 955.52 of the Revised Code.
Sec. 955.52. (A)(1) The department of agriculture shall hear
claims submitted to it that are approved by the dog warden and supported by the wildlife officer pursuant to section 955.51 of the Revised
Code in the order of their filing and may allow the claims in
full or in part, or may disallow any claim, as the testimony
shows and information submitted under that section show to be just. The department shall make the final
determination of the fair market value of any animal, foul,
or poultry that is the subject of a claim. The If the animal that is the subject of a claim dies as a result of the injuries that it received from a predator, the amount of indemnity is the fair market value of the animal on the date of its death. If the animal that is the subject of a claim does not die as a result of the injuries that it received from a predator, the amount of indemnity is the fair market value of the animal on the date that it received its injuries. If the animal that is the subject of a claim is registered or eligible for registration as described in division (B) of section 955.51 of the Revised Code, the amount of indemnity is one hundred twenty-five per cent of the fair market value of the animal on the date that the animal was killed or injured. If the date of death or injury of an animal cannot be determined, the amount of indemnity shall be based on the fair market value of the animal on the date that the animal was discovered by its owner.
(2) If the owner of an animal does not agree with the department's determination of the animal's fair market value, the owner may appeal the determination in accordance with Chapter 119. of the Revised Code.
(3) The department shall
certify any claim or part of a claim that has been found to be valid under division (A)(1) of this section. Claims certified in
accordance with this section shall be paid out of the agro Ohio
fund provided for in section 901.04 of the Revised Code money that has been appropriated from the general revenue fund for the purposes of sections 955.51 to 955.53 of the Revised Code, except
that no claim shall be paid from the fund that money if a either of the following applies: (a) A claim for the same
loss or injury has been paid or is payable under a policy or
policies of insurance. However, a claim may be paid from the
fund for the amount of any deductible paid or payable by the
claimant under such insurance. (b) The owner of an animal who otherwise would receive indemnity under a claim has been paid more than five hundred dollars within the immediately preceding calendar year from money so appropriated. However, that owner may be paid if the owner has implemented a voluntary animal damage control plan that meets the requirements established in rules adopted under division (D) of this section.
(B) If at any time the money that has been appropriated from the general revenue fund for the purposes of sections 955.51 to 955.53 of the Revised Code for a fiscal year is not sufficient to pay certified claims, the department shall disapprove those claims. Any claim that has been disapproved due to lack of money shall not be resubmitted.
(C) The department either may assist owners in developing and implementing a voluntary animal damage control plan to prevent and minimize loss or injury to animals by predators or may enter into an agreement with another state agency, a federal agency, or a person to provide such assistance. The department may use no more than fifty per cent or twenty-five thousand dollars, whichever is less, of the money that is appropriated for the purposes of sections 955.51 to 955.53 of the Revised Code to pay the costs incurred by the department for either providing assistance under this division or entering into an agreement under this division to provide that assistance.
(D) The director of agriculture shall adopt rules in accordance with Chapter 119. of the Revised Code that are necessary to administer sections 955.51 to 955.53 of the Revised Code, including rules that establish requirements governing voluntary animal damage control plans.
Sec. 955.53. All claims against the agro Ohio fund pursuant to money appropriated from the general revenue fund for the purposes of sections
955.51 and 955.52 to 955.53 of the Revised Code and all accompanying statements and
testimony shall be upon claim forms prepared by the director of agriculture
and furnished by the dog warden. The forms shall not require an affidavit, but
shall contain lines for the signatures of the claimant and witnesses and,
immediately above those lines, the sentence, "This statement is made subject
to the criminal penalties for falsification provided for in section 2921.13 of
the Revised Code."
Sec. 3715.65. (A) No person shall sell, deliver, offer
for sale, hold for sale, or give away any new drug unless: (1) An an application with respect to the drug has become
effective under section 505 of the "Federal Food, Drug, and
Cosmetic Act," 52 Stat. 1040 (1938), 21
U.S.C.A. 301, as amended.
(2) If the drug is not subject to the "Federal
Food, Drug, and
Cosmetic Act," the drug has been tested and found to be
safe for use
under the conditions prescribed, recommended, or suggested in
its
labeling, and, prior to selling the drug or offering
it for sale, there has been filed with the director of agriculture an
application setting forth all of the following:
(a) Full reports of investigations that have been made to
show whether or not the drug is safe for use;
(b) A full list of the articles used as components of the
drug;
(c) A full statement of the drug's composition;
(d) A full description of the methods used in, and the
facilities and controls used for, the manufacture, processing,
and packing of the drug;
(e) Samples, as the director may require, of
the drug and the articles used as
components of the drug;
(f) Specimens of the labeling proposed to be used for the
drug.
(B) An application provided for in division (A)(2) of this
section shall become effective sixty days after it is filed, except that
if the director finds after due
notice to
the applicant and after giving the applicant an opportunity
for a hearing,
that the drug is not safe for use under the conditions
prescribed, recommended, or suggested in the drug's proposed labeling, the
director shall, prior to the effective
date of the application, issue an order refusing to permit the application to
become effective. The order may be revoked by the director. (C) This section does not apply to the following:
(1) A drug intended solely for investigational use by
experts qualified by scientific training and experience to
investigate the safety of drugs, provided that the drug
is plainly
labeled "For investigational use only"; (2) A drug sold in this state at any time prior to the
enactment of sections 3715.01 and 3715.52 to 3715.72
of the Revised Code, or introduced into interstate commerce at
any time prior to the enactment of the
"Federal Food, Drug, and
Cosmetic Act"; (3) Any drug that is licensed under the "Public Health
Service Act,"
58 Stat. 682 (1944), 42 U.S.C.A. 301, as
amended, or under the
"Virus-Serum-Toxin Act,"
37 Stat. 832 (1913), 21 U.S.C.A. 151, as amended.
Section 2. That existing sections 901.22, 918.01, 918.02, 918.08, 918.11, 918.25, 918.28, 955.51, 955.52, 955.53, and 3715.65 of the Revised Code are hereby repealed.
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