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Sub. S. B. No. 202 As Passed by the HouseAs Passed by the House
125th General Assembly | Regular Session | 2003-2004 |
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Senators Mumper, Austria, White, Roberts
Representatives Aslanides, Gibbs, C. Evans, Niehaus, Schlichter, Widener
A BILL
To amend sections 183.12, 317.32, 505.101, 901.21, 901.22, 917.01, 917.02, 917.031, 917.09, 917.091, 917.19, 917.22, 918.01, 918.02, 918.08, 918.11, 918.25, 918.28, 921.06, 921.23, 955.51 to 955.53, 1515.01, 1515.14, 1515.21, 1515.24, 3707.38, 3715.65, 5301.68, 5301.691, and 6131.23, to enact sections 1515.18, 1515.181, 1515.182, 1515.183, 1515.184, 1515.185, 1515.19, 1515.191, 1515.192, 1515.193, and 1515.211, and to repeal section 1515.20 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, dairies, agricultural easements, licensure for purposes of applying pesticides, and applications concerning new drugs; to authorize soil and water conservation districts to acquire agricultural easements; to authorize a board of township trustees to enter into a contract with a soil and water conservation district, without advertising or bidding, for the purchase of services; to establish procedures and other requirements governing the construction of an improvement by a soil and water conservation district; to include money from tax levies for the benefit of local soil and water conservation districts in matching state grants to those districts; to extend the maximum repayment period for bonds sold by a board of county commissioners for soil and water conservation district improvements; and to authorize the Director of Agriculture and the Director of Development to appoint designees to serve in their places as ex officio officers of the board of trustees of the Southern Ohio Agricultural and Community Development Foundation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 183.12, 317.32, 505.101, 901.21, 901.22, 917.01, 917.02, 917.031, 917.09, 917.091, 917.19, 917.22, 918.01, 918.02, 918.08, 918.11, 918.25, 918.28, 921.06, 921.23, 955.51, 955.52, 955.53, 1515.01, 1515.14, 1515.21, 1515.24, 3707.38, 3715.65, 5301.68, 5301.691, and 6131.23 be amended and sections 1515.18, 1515.181, 1515.182, 1515.183, 1515.184, 1515.185, 1515.19, 1515.191, 1515.192, 1515.193, and 1515.211 of the Revised Code be enacted to read as follows: Sec. 183.12. There is hereby created the southern Ohio
agricultural and community development foundation, the general
management of
which is vested in a board of trustees of
sixteen
members as follows: (A) The director of agriculture or the director's designee, the
director of development or the director's designee, the
executive director of the
Ohio rural development partnership, and
director
or designee of the director of the Ohio
state university
extension or the director's designee,
who shall serve
as ex officio officers; (B) Two residents of major tobacco-producing counties with
experience in
local agricultural economic development or community
development, who shall be
appointed by the governor; (C) Three active farmers from major tobacco-producing
counties,
who shall be appointed
by
the
governor, two of whom
shall be appointed from a list of at least four
individuals
recommended by the Ohio farm bureau and one of whom shall
be
appointed from a list of at least two individuals recommended by
the
farmers' union; (D) Three active tobacco farmers from major
tobacco-producing
counties, who shall be appointed by the governor
from a list of at least six
individuals recommended by the Ohio
tobacco growers association; (E) One nonvoting member, who shall be a member of the house
of representatives of the political party of which the speaker of
the house of representatives is a member and who shall be
appointed by the speaker; (F) One nonvoting member, who shall be a member of the house
of representatives of the major political party of which the
speaker of the house of representatives is not a member and who
shall be appointed by the speaker; (G) One nonvoting member, who shall be a member of the senate
of the political party of which the president of the senate is a
member and who shall be appointed by the president; (H) One nonvoting member, who shall be a member of the senate
of the major political party of which the president of the senate
is not a member and who shall be appointed by the president. The appointments of the governor shall be with the advice and
consent of the senate. Terms of office for the members appointed by the governor
shall be
for five years.
The terms of legislative members shall be
for the biennial session of the general assembly in which they are
appointed. Each
member shall hold office from
the date of
appointment until the end of the term for which the
member was
appointed. Any member appointed
to
fill a vacancy
occurring
prior
to the expiration of the term for
which the
member's
predecessor
was appointed shall hold office for
the
remainder of
that term.
Any member
shall continue in office subsequent to
the
expiration
date of the
member's term until the member's successor
takes
office, or until
a period of sixty days has elapsed,
whichever
occurs first. The
governor may
remove any
non-legislative member
for
malfeasance, misfeasance, or
nonfeasance
after a
hearing in
accordance with Chapter 119. of the
Revised
Code. A vacancy on the board shall be filled in
the same manner as
the original appointment. The members of the board shall serve without compensation, but
shall receive their reasonable and necessary expenses incurred in
the
conduct of foundation business. Sections 101.82 to 101.87 of the Revised
Code do not apply
to the
foundation. As used in this section, "major tobacco-producing counties"
means
any of the counties, ranked in descending order of pounds
produced,
where ninety-five per cent of the 1998 burley tobacco
quota for the
state was produced. Sec. 317.32. The county recorder shall
charge and collect
the following fees, to include base fees for the recorder's services and housing trust fund fees, collected pursuant to section 317.36 of the Revised Code: (A) For recording and indexing an instrument when the
photocopy or any similar process is employed, a base fee of fourteen dollars
for
the first two pages and a housing trust fund fee of fourteen dollars, and a base fee of four dollars and a housing trust fund fee of four dollars for each subsequent
page,
size eight and one-half inches by fourteen inches, or
fraction of
a page, including the caption page, of such
instrument; (B) For certifying a photocopy from the record previously
recorded, a base fee of one dollar and a housing trust fund fee of one dollar per page, size eight and one-half inches by
fourteen inches, or fraction of a page; for each certification
where the recorder's seal is required, except as to instruments
issued by the armed forces of the United States, a base fee of fifty cents and a housing trust fund fee of fifty cents; (C) For manual or typewritten recording of assignment or
satisfaction of mortgage or lease or any other marginal entry, a base fee of
four dollars and a housing trust fund fee of four dollars; (D) For entering any marginal reference by separate
recorded
instrument, a base fee of two dollars and a housing trust fund fee of two dollars for each marginal reference set
out in
that instrument, in addition to the fees set
forth in
division (A) of this section; (E) For indexing in the real estate mortgage records,
pursuant to
section
1309.519 of
the
Revised Code,
financing
statements covering crops growing or to be
grown,
timber to be
cut, minerals or the like, including oil and
gas,
accounts subject
to
section
1309.301
of the
Revised Code, or fixture filings made
pursuant to section
1309.334
of the Revised Code, a base fee of two dollars and a housing trust fund fee of two dollars for
each name
indexed; (F) For recording manually any plat not exceeding six
lines, a base fee of
two dollars and a housing trust fund fee of two dollars, and for each additional line, a base fee of ten cents and a housing trust fund fee of ten cents; (G) For filing zoning resolutions, including text and
maps,
in the office of the recorder as required under sections
303.11
and 519.11 of the Revised Code, a base fee of fifty dollars and a housing trust fund fee of fifty dollars, regardless
of the
size or length of the resolutions; (H) For filing zoning amendments, including text and maps,
in the office of the recorder as required under sections 303.12
and 519.12 of the Revised Code, a base fee of ten dollars and a housing trust fund fee of ten dollars for the first page
and a base fee of
four dollars and a housing trust fund fee of four dollars for each additional page; (I) For photocopying a document, other than at the time of
recording and indexing as provided for in division (A) of this
section, a base fee of one dollar and a housing trust fund fee of one dollar per page, size eight and one-half inches by
fourteen inches, or fraction thereof; (J) For local facsimile transmission of a document, a base fee of one
dollar and a housing trust fund fee of one dollar per page, size eight and one-half inches by fourteen
inches, or fraction thereof; for long distance facsimile
transmission of a document, a base fee of two dollars and a housing trust fund fee of two dollars per page, size eight and
one-half inches by fourteen inches, or fraction thereof; (K) For recording a declaration executed pursuant to section
2133.02 of the Revised
Code or a durable power of attorney for
health
care executed pursuant to section 1337.12 of the
Revised
Code,
or both a declaration and a durable power of attorney for
health care, a base fee of at
least fourteen dollars but not more than twenty
dollars and a housing trust fund fee of at least fourteen dollars but not more than twenty dollars. In any county in which the recorder employs the photostatic
or any similar process for recording maps, plats, or prints the
recorder
shall determine, charge, and collect for the recording or
rerecording of any map, plat, or print, a base fee of five cents and a housing trust fund fee of five cents per
square inch, for each square inch of the map, plat, or print
filed
for that recording or rerecording, with a minimum base fee of
twenty
dollars and a minimum housing trust fund fee of twenty dollars; for certifying a copy from the record, a base fee of
two cents
and a housing trust fund fee of two cents per square inch of the record, with a minimum base fee of
two dollars and a minimum housing trust fund fee of two dollars. The fees provided in this section shall be paid upon the
presentation of the instruments for record or upon the
application
for any certified copy of the record, except
that the payment of
fees
associated with the filing and recording of, or the copying
of,
notices of internal revenue tax liens and notices of other
liens
in favor of the United States as described in division (A)
of
section 317.09 of the Revised Code and certificates of
discharge
or release of those liens, shall be
governed by section
317.09 of the Revised Code, and the payment of
fees for
providing
copies of instruments conveying or extinguishing agricultural
easements to the office of farmland preservation in the department of agriculture under division
(G)(H) of section 5301.691 of the Revised Code shall be governed by
that
division.
Sec. 505.101. The board of township trustees of any
township may, by resolution, enter into a contract, without
advertising or bidding, for the purchase or sale of materials,
equipment, or supplies from or to any department, agency, or
political subdivision of the state, for the purchase of services with a soil and water conservation district established under Chapter 1515. of the Revised Code, or for the purchase of
supplies, services, materials, and equipment with a regional
planning commission pursuant to division (D) of section 713.23 of
the Revised Code. The resolution shall: (A) Set forth the maximum amount to be paid as the
purchase price for the materials, equipment, or supplies, or services; (B) Describe the type of materials, equipment, or supplies, or services
that are to be purchased; (C) Appropriate sufficient funds to pay the purchase price
for the materials, equipment, or supplies, or services, except that no such
appropriation is necessary if funds have been previously
appropriated for the purpose and remain unencumbered at the time
the resolution is adopted.
Sec. 901.21. (A) As used in this section and section 901.22
of
the
Revised Code: (1)
"Agricultural
easement" has the same meaning
as in
section 5301.67 of the
Revised Code. (2)
"Agriculture" means those activities occurring on land
devoted
exclusively to agricultural use, as defined in section
5713.30 of the Revised Code, or on land that constitutes a
homestead.
(3) "Homestead" means the portion of a farm on which is
located a dwelling house, yard, or outbuildings such as a barn or
garage. (B) The director of agriculture may acquire real property
used
predominantly in agriculture and agricultural easements by
gift, devise, or bequest if, at the time an easement is granted,
such
an easement is on land that is
valued for
purposes of real
property taxation at its current value
for
agricultural use
under
section 5713.31 of the Revised Code
or that constitutes a
homestead.
Any
terms may be included in an
agricultural
easement
so acquired that
are necessary or
appropriate to
preserve on
behalf of the grantor
of the easement
the favorable
tax
consequences of the gift,
devise, or bequest
under the
"Internal
Revenue Act of 1986," 100
Stat. 2085, 26
U.S.C.A. 1, as amended.
The director, by any such
means
or by
purchase or lease, may
acquire, or acquire
the use of,
stationary
personal property or
equipment that is located on land
acquired in
fee by the director
under this section and that is
necessary or
appropriate for the
use of the land predominantly in
agriculture. (C) The director may do
all things necessary or appropriate
to retain the use of real property
acquired
in fee under
division
(B) of this section
predominantly in agriculture, including,
without limitation,
performing any of the activities described in
division (A)(1) or (2)
of section 5713.30 of
the Revised Code or
entering into contracts
to lease or rent the real property so
acquired to persons or
governmental entities that will use the
land predominantly in
agriculture. (D)(1) When the director
considers it to be necessary or
appropriate, the director may
sell real property acquired in fee,
and stationary personal
property or equipment acquired by gift,
devise, bequest, or
purchase, under division (B) of
this section
on such terms as the director considers to be
advantageous to this
state. (2) An agricultural easement acquired under
division (B) of
this section
may be extinguished under the circumstances
prescribed, and in
accordance with the terms and conditions set
forth, in the
instrument conveying the agricultural
easement. (E) There is hereby
created in the state treasury the
agricultural
easement purchase fund. The fund shall consist of
the proceeds
received from the sale of real and personal property
under
division (D) of this section;
moneys received due to the
extinguishment of agricultural
easements acquired by the director
under division
(B) of this section or section
5301.691 of the
Revised
Code; moneys received due to
the extinguishment of
agricultural easements
purchased with the assistance of matching
grants made under
section 901.22 of the Revised
Code; gifts,
bequests, devises,
and contributions received by the director for
the purpose of
acquiring agricultural easements; and grants
received from
public or private
sources for the purpose of
purchasing
agricultural easements. The
fund shall
be administered
by the
director, and moneys in the fund
shall be
used by the
director
exclusively to purchase
agricultural
easements under
division
(A)
of section 5301.691 of the
Revised
Code and provide
matching
grants
under section 901.22 of the
Revised Code to
municipal
corporations, counties,
townships, soil and water conservation districts established under Chapter 1515. of the Revised Code, and
charitable
organizations described in division (B) of section 5301.69 of the Revised Code for
the purchase of agricultural
easements. Money
in the fund
shall be
used only
to
purchase
agricultural easements
on
land that
is
valued for
purposes of real
property taxation at
its current
value
for
agricultural use under
section 5713.31 of
the Revised
Code
or
that
constitutes a homestead when the
easement
is
purchased. (F) There is hereby created in
the state treasury the clean
Ohio agricultural easement fund.
Twelve and one-half per cent of
net proceeds of obligations issued
and sold pursuant to sections
151.01 and 151.09 of the Revised
Code shall be deposited into the
fund. The fund shall be used by the
director for the purposes of sections
901.21 and this section, section 901.22 of the Revised Code, and the
provisions of sections 5301.67
to
5301.70 of the Revised Code
governing agricultural easements.
Investment earnings of the fund
shall be credited to the fund and may be used to pay costs
incurred by
the director in administering those sections and
provisions. (G) The term of an agricultural
easement purchased wholly
or
in part with money from the clean
Ohio agricultural easement fund
or the agricultural easement
purchase fund shall be perpetual and
shall
run with the land.
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,
soil and water conservation districts established under Chapter 1515. of the Revised Code, 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)(E)(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,
soil and water conservation district, 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, soil and water conservation district, 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, or soil and water conservation district 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, or soil and water conservation district 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, soil and water conservation districts, 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, soil and water conservation district, 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, or soil and water conservation district from its general fund or special any 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. 917.01. As used in this chapter: (A) "Person" means any individual, government agency,
political subdivision, partnership, corporation,
association, co-operative association, or other business
unit. (B) "Co-operative association" or "agricultural cooperative
association" means any
agricultural cooperative organized under Chapter
1729. of the Revised
Code and qualified to do business in Ohio, this state if
the director of agriculture finds the association
has, in good faith, its entire activities under the control of its members and
has been and is exercising full authority in the sale of milk or cream for its
members. (C) "Market area" means any area that
the director finds
is a natural
marketing area and designates as such. (D) "Dealer" or "milk dealer" means a
person who purchases or receives milk
from a producer for
the purpose
of bottling, packaging, selling, processing,
jobbing, brokering, or distributing the milk
except
where the milk is disposed of in the same
container in which it is
received, without removal from the container and without
processing in any
way except by necessary refrigeration. Any person who buys and distributes
milk in containers under the person's own label is a dealer. (E) "Imitation" means
imitation as described in 21
C.F.R.
101.3, as amended. (F) "Milk" means the
lacteal secretion, substantially free from colostrum, obtained
by the complete milking of one or more healthy cows, goats,
sheep, or other animals and intended for either of the following
purposes: (1) To be sold for human consumption or for use in
dairy products; (2) To be used for human consumption or for use in
dairy products on the premises of a governmental agency or
institution. "Milk" does not include a blend of the lacteal secretions of different
species. (G) "Grade A milk" means milk produced by
a person holding a valid producer license of the grade A milk category issued pursuant
to section 917.09 of the
Revised
Code. (H) "Manufacture milk"
means milk produced by a person holding a valid producer license
of the manufacture milk category issued pursuant to section
917.09 of the Revised
Code. (I) "Producer" or "milk
producer" means a grade A milk
producer or a manufacture milk producer. (J) "Grade A milk producer" means a person
located in this state who sells or offers for sale grade A milk obtained from a cow,
goat, sheep, or other animal that the person owns or
controls. (K) "Manufacture milk
producer" means a person located in this state who sells or
offers for sale manufacture milk obtained from a cow, goat,
sheep, or other animal that the person owns or controls. (L) "Grade A milk products" means products
derived from grade A milk and
having the standard of identity, quality, strength, purity,
grade, and, if added, permitted optional ingredients found
in the standards of identity established for the products in
rules adopted by the director under section 917.02 or
3715.02 of the Revised
Code, and includes: (2) Raw, pasteurized, or aseptically processed
products derived from milk and described in either of the following: (a) The most recent published
recommendations of the food and drug administration, public
health service, United
States department of health and
human services; (b) Rules adopted by the
director. (M) "Manufactured milk
products" means all products, other than raw milk for sale to the ultimate
consumer and grade A milk products, that are derived from milk and
are for human consumption, including: (2) Natural or processed cheese; (3) Evaporated, condensed, and dry products; (5) Such other products derived from milk as the director may specify
by rule that have the standard of identity, quality, strength,
purity, grade, and, if added, permitted optional ingredients
found in the standards of identity established for the product
in rules adopted by the director under section 917.02 or 3715.02 of the
Revised
Code. (N) "Dairy products"
means milk, raw milk for sale to the ultimate consumer, grade A milk products, and
manufactured milk products. (O) "Frozen desserts"
means frozen desserts, including the mixes, described in 21
C.F.R.
135, as amended, unless otherwise specified by the director by
rule. (P) "Milk plant" means a
grade A milk plant or
manufacture milk plant. (Q) "Grade A milk plant" means a place,
including a governmental operation, where grade A milk or a grade A milk product is collected,
handled, controlled, processed, stored, pasteurized,
ultra-pasteurized, repasteurized, aseptically processed,
bottled, or prepared for distribution, but does not include a place where a
grade A milk product is purchased in packaged form and is stored and
handled for the sole purpose of sale to the ultimate consumer. (R) "Manufacture milk
plant" means a place, including a governmental operation, where
manufacture milk or a manufactured milk product is collected,
handled, controlled, manufactured, processed, stored,
pasteurized, ultra-pasteurized, repasteurized, commercially
sterilized, aseptically processed, bottled, or prepared for
distribution, but does not include a place where a manufactured
milk product is purchased in packaged form and is stored and
handled for the sole purpose of sale to the ultimate
consumer. (S) "Raw milk for sale
to the ultimate consumer" means the raw milk sold or offered for
sale by a raw milk retailer. (T) "Raw milk retailer"
means a person who, prior to
October 31, 1965, was engaged
continuously in the business of selling or offering for sale raw
milk directly to ultimate consumers. (U) "Processor" or "milk
processor" means a grade A milk
processor or a manufacture milk processor. (V) "Grade
A milk processor" means a
person who operates or controls a milk plant, transfer station, receiving station, or milk transport cleaning facility that is located in
this state or from which grade
A milk or grade
A milk products are sold or
offered for sale for human consumption, as applicable. (W) "Manufacture milk processor" means any person who operates or
controls a manufacture milk plant, transfer station, receiving station, or milk transport cleaning facility that is located in this state or from which
manufacture milk or manufactured milk products are sold or offered for sale
for human consumption, as applicable. (X) "Weigher, sampler,
or tester" means a person who, in order to determine volume,
weight, or composition for the purpose of determining price,
weighs, tests, or samples either of the following: (1) Milk at a dairy farm; (2) Milk or cream purchased by a dealer from a milk
producer or co-operative association. (Y) "Hauler" or "milk
hauler" means a person who owns or leases a vehicle or
conveyance used to transport raw milk, but does not include a
producer transporting raw milk that the producer has
produced. (Z) "License" means a
license issued under section 917.09 of the
Revised Code and includes a
registration issued under division
(I)(J) of that section.
Sec. 917.02. (A) The director of agriculture may do any of
the following: (A)(1) Adopt rules in
accordance with Chapter 119. of
the Revised
Code regulating all of the
following:
(1)(a) The sanitary production, storage, transportation,
manufacturing, handling, processing, sampling, testing,
examination, and sale of dairy products;
(2)(b) The suspension and revocation of licenses issued under
section 917.09 of the Revised
Code, provided that the rules are in accordance with and
do not conflict with section 917.22 of the
Revised Code;
(3)(c) Terms and renewal periods, registration requirements,
categories, and fees for licenses issued under section 917.09 of
the Revised
Code, except that the fee for a
producer's license shall not exceed fifteen dollars;
(4)(d) Examinations that must be passed prior to issuance of
a weigher, sampler, or tester license and inspections that must
be passed prior to issuance of any other type of license issued
under section 917.09 of the Revised Code;
(5)(e) Procedures for issuing and renewing licenses under
section 917.09 of the Revised
Code;
(6)(f) Information that an applicant for a license issued
under section 917.09 of the
Revised Code is required to provide on
the application for licensure;
(7)(g) Standards for equipment or materials used for the
production, processing, and handling of dairy products;
(8)(h) Records to be kept by persons holding a license issued under this
chapter and the inspection and auditing of
books and records of those persons, and any other records that are required to be kept by other rules adopted under this section;
(9)(i) Security arrangements and evidence of financial
responsibility for milk dealers, to ensure prompt payment to
milk producers;
(10)(j) Standards of identity, quality, strength, purity,
grading, and labeling of dairy products;
(11)(k) The production, processing, and handling of dairy
products and the prompt and accurate payment for milk and cream by
milk dealers, but not the establishment or control of the price of milk and
cream;
(12)(l) Criteria for the equipment, methods, or materials to be used in
performing weighing, volumetric measuring, sampling, and testing of milk and
its components when such an operation is used as the basis for determining
payment for milk delivered to or purchased by dealers;
(13)(m) The size and placement of labels and of words on labels
required by section 917.04 of the
Revised
Code to be placed on final
delivery containers used for the sale of raw milk to ultimate
consumers.
The director shall have exclusive authority to administer
and enforce rules adopted under division (A)(1) of this
section. (B)(2) Enter into, with the
approval of the milk sanitation board created in section 917.03 of the Revised Code, an agreement with a
public or private entity that the director determines is
properly qualified for the performance of any of the inspections
and analyses required by
this chapter;
(C)(3) Adopt rules by
reference to all or any part of the following
recommendations:
(1)(a) The grade A
pasteurized milk ordinance, as amended, and the "grade
A condensed and dry milk
products and condensed and dry whey" supplement
I to the grade
A pasteurized milk ordinance of
the food and drug administration, public health service, of the
United
States department of health and
human services, to the extent those provisions do not conflict
with the laws of this state;
(2)(b) The most recent recommendations for milk for
manufacturing purposes and its production and processing
published in final form in the Federal Register by the
United States department of
agriculture, to the extent those recommendations do not conflict
with the laws of this state.
(D)(4) Administer and
enforce this chapter and rules adopted under it
and appoint inspectors and
other personnel necessary to carry out the provisions of this chapter and
those rules;
(E)(5) Embargo a dairy
product that the director reasonably suspects, believes, or
determines is adulterated as described in section 3715.59 of the
Revised Code or is misbranded as
described in section 3715.60 of the
Revised Code;
(F)(6) Adopt by reference
all or any part of the rules governing the dairy industry
adopted by the United States food and drug
administration and the United States department of
agriculture;
(G)(7) Annually, not later
than ninety days after the end of the state fiscal year,
determine the expense of administering and enforcing
this chapter and rules adopted under it during the preceding state
fiscal year and report the determinations to the milk sanitation
board created in section 917.03 of the
Revised
Code.
(B) The director shall do both of the following:
(1) Adopt rules in accordance with Chapter 119. of the Revised Code establishing requirements for continuing education courses for weighers, samplers, and testers licensed under section 917.09 of the Revised Code;
(2) Review continuing education courses for weighers, samplers, and testers licensed under section 917.09 of the Revised Code and grant approval to those that meet the requirements established in rules adopted under division (B)(1) of this section.
Sec. 917.031. The milk sanitation board may do all of the
following: (A) Advise and consult
with the director of agriculture in the administration and
enforcement of this chapter and rules adopted under it; (B) Make recommendations
to the director regarding proposed rules; (C) Approve or
disapprove agreements between the director and any public or
private entity desiring to perform or performing any of the
inspections or analyses required under
this chapter and rules adopted under
it. The milk sanitation board, after reviewing the director's
annual report required under division
(G)(A)(7) of section 917.02 of the
Revised
Code, shall prescribe
inspection fees for milk producers and milk processors, and may
prescribe inspection fees for milk producers and milk haulers, except that no
inspection fees shall be prescribed for manufacture milk
producers, processors, or haulers until on or after
July 1, 1998. The board may
modify any fees it has prescribed. The fees prescribed or
modified by the board together with the license fees collected
pursuant to this chapter shall not exceed sixty-three per cent
of the estimated cost of administering and enforcing
this chapter, as determined by the
board's review of the director's annual report.
Sec. 917.09. (A) The director of agriculture may issue the
following types of licenses: (5) Weigher, sampler, or tester; (B) The director may
adopt rules establishing categories for each type of license
that are based on the grade or type of dairy product with which
the licensee is involved. (C) Except as provided
in section 917.091 of the Revised
Code and division
(I)(J) of this section, no person
shall act as or hold the person's self out as a producer;
processor; milk dealer; raw milk retailer; weigher, sampler, or
tester; or milk hauler unless the person holds a valid license
issued by the director under this section. (D) Each person desiring
a license shall submit to the director a license application on
a form prescribed by the director, accompanied by a license fee
in an amount specified in rules adopted under section 917.02 of
the Revised
Code. The applicant shall
specify on the application the type of license and category
requested and shall include any other information required by
rules adopted under section 917.02 of the
Revised
Code. (E) Each applicant for a
weigher, sampler, or tester license or registration, prior to
issuance of the license or registration, shall pass an
examination that is given in accordance with section 917.08 of
the Revised
Code and rules adopted under
section 917.02 of the Revised
Code. Each applicant for any other type of license issued under
this section, prior to issuance of the license, shall pass an
inspection that is made in accordance with rules adopted under
section 917.02 of the Revised
Code. (F) The director shall
not issue a license to an applicant unless the director
determines, through an inspection or otherwise, that the
applicant is in compliance with the requirements set forth in
this chapter and the rules adopted under it. (G) Examinations that
must be passed prior to issuance of a weigher, sampler, or
tester license, inspections that must be passed prior to
issuance of any other type of license issued under this section,
procedures for issuing and renewing licenses, and license terms
and renewal periods shall comply with rules adopted under
section 917.02 of the Revised
Code. (H) Suspension and
revocation of licenses shall comply with section 917.22 of the
Revised
Code and rules adopted under
section 917.02 of the Revised
Code. (I) Each licensed weigher, sampler, and tester annually shall meet the continuing education requirements established in rules adopted under division (B) of section 917.02 of the Revised Code.
(J) A person whose
religion prohibits the person from obtaining a license under
this section, in place of a license, shall register with the
director as a producer; processor; milk dealer; raw milk
retailer; weigher, sampler, or tester; or milk hauler. The person claiming the exemption from licensure shall
register on a form prescribed by the director and shall meet any
other registration requirements contained in rules adopted under
section 917.02 of the Revised
Code. Upon receiving the
person's registration form and determining that the person has
satisfied all requirements for registration, the director shall
notify the person that the person is registered to lawfully
operate as a producer; processor; milk dealer; raw milk
retailer; weigher, sampler, or tester; or milk hauler. A registrant is subject to all provisions governing
licensees, such as provisions concerning testing, sampling, and
inspection of dairy products. A registrant is subject to
provisions governing issuance of a temporary weigher, sampler,
or tester license under section 917.091 of the
Revised
Code. A registration shall be
renewed, suspended, and revoked under the same terms as a
license.
Sec. 917.091. The director of agriculture may issue a
temporary weigher, sampler, or tester license to an applicant
upon determining that the applicant has met all qualifications
for licensure under section 917.09 of the
Revised
Code except successful
completion of an examination. A temporary weigher, sampler, or
tester license is effective only until for ninety days from the date
of the next examination issuance. An applicant who has not taken an
examination for licensure may receive no more than three
temporary weigher, sampler, or tester licenses. An applicant
who takes and fails an examination for licensure may receive no
more than two temporary weigher, sampler, or tester
licenses. If an applicant for a temporary weigher, sampler, or
tester license previously held a weigher, sampler, or tester
license issued under section 917.09 of the
Revised
Code, the following shall
apply, as appropriate:
(A) In the case of a
license that expired not more than twelve months previously, the
applicant shall submit an application and the appropriate fee
but is not required to take and pass the examination.
(B) In the case of a license that expired more than twelve
months previously, the applicant shall submit an application and
the appropriate fee and shall take and pass the examination.
The applicant may apply for and receive licenses, both temporary
and permanent, to the same extent as a new applicant.
Sec. 917.19. The following items shall be subject to
inspection by a person designated by the director of
agriculture: (A) Milk plant
facilities and equipment; (B) Vehicles and
containers used by milk haulers Milk transport vehicles; (C) Dairy farms,
including dairy animals, stables, milk parlors, milk houses, and
milk vessels of milk producers. The inspector, while in the normal, lawful, and peaceful
pursuit of inspection duties, may enter upon, cross over, and
remain upon privately owned lands for those purposes and shall
not be subject to arrest for trespass.
Sec. 917.22. (A)(1) The
director of agriculture may deny, suspend, or revoke a license issued under this chapter for a violation of this chapter or
the rules adopted under it. Except as provided in division
(A)(2) of this section, the
denial, suspension, or revocation of a license is not effective
until the licensee is given written notice of the violation, a
reasonable amount of time to correct the violation, and an
opportunity for a hearing. (2) If the director determines that a dairy product
constitutes adulterated food as described in section 3715.59 of
the Revised
Code or exceeds bacterial or
chemical standards established by rules adopted under this
chapter, or that an emergency exists that presents a clear and
present danger to the public health, the director may deny,
suspend, or revoke a license, effective immediately without a
hearing, provided that an opportunity for a hearing shall be
afforded thereafter without delay. (B) All proceedings
under this chapter shall comply with
Chapter 119. of the
Revised
Code, except that: (1) The location of any adjudicatory hearing that the
licensee requests shall be the county seat of the county in
which is located the licensee's facility that is involved in the
alleged violation central office of the department of agriculture. (2) The director shall notify a licensee by certified
mail or personal delivery that the licensee is conditionally
entitled to a hearing. The director shall specify in the notice
that, in order to obtain a hearing, the licensee must request
the hearing not later than ten days after the date of receipt of
the notice. (3) If the licensee requests a hearing, the date set for
the hearing shall be no later than ten days after the date on
which the director receives the request, unless the director and
the licensee agree otherwise. (4) The director shall not postpone or continue an
adjudication hearing without the consent of the licensee. If
the licensee requests a postponement or continuation of an
adjudication hearing, the director shall not grant it unless the
licensee demonstrates that an extreme hardship will be incurred
in holding the adjudication hearing on that hearing date. If the director
grants a
postponement or continuation on the grounds of extreme
hardship to the licensee, the record shall document the nature
and cause of the extreme hardship. (5) In lieu of having a hearing and upon the licensee's
written request to the director, the licensee may submit to the
director, not later than the date of the hearing set pursuant to
division (B)(3) of this
section, documents, papers, and other written evidence to
support the licensee's claim. (6) If the director appoints a referee or examiner to
conduct the hearing, the following apply: (a) A copy of the written adjudication report and
recommendations of the referee or examiner shall be served by
certified mail upon the director and the licensee or the
licensee's attorney or other representative of record not later
than three business days following the conclusion of the
hearing. (b) Not later than three business days after
receipt of the report and recommendations, the licensee may file
with the director written objections to the report and
recommendations. (c) The director shall consider the objections
submitted by the licensee before approving, modifying, or
disapproving the report and recommendations. The director shall
serve the director's order upon the licensee or the licensee's
attorney or other representative of record by certified mail not
later than six business days after receiving the report. (7) If the director conducts the hearing, the director
shall serve the director's decision by certified mail upon the
licensee or the licensee's attorney or other representative of
record not later than three business days following the close of
the hearing. (8) If no hearing is held, the director shall issue an
order by certified mail to the licensee or the licensee's
attorney or other representative of record not later than three
business days following the last date possible for a hearing,
based on the record that is available.
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 do 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. 921.06. (A)(1) No individual shall
do any of
the
following without
having a
commercial applicator
license issued
by the director of
agriculture: (a) Apply
pesticides for a pesticide business without direct
supervision; (b) Apply pesticides as part of the individual's duties
while acting as an employee of the United States government, a
state, county, township, or municipal corporation, or a park
district, port authority, or sanitary district created under
Chapter 1545., 4582., or 6115. of the Revised Code, respectively; (c) Apply restricted use
pesticides. Division (A)(1)(c) of
this
section does not apply to a private applicator or an
immediate
family member or a subordinate employee of a private
applicator
who is acting under the direct supervision of that
private
applicator. (d) If the individual is the owner of a business other than
a pesticide business or an employee of such an owner, apply
pesticides at any of the following publicly accessible
sites that
are located on the property: (i) Food service operations as defined in section 3717.01 that are licensed under Chapter 3717. of
the Revised Code; (ii) Retail food establishments as defined in section
3717.01
that are licensed under Chapter 3717. of the Revised Code; (iv) Rental properties of more than four apartment units at
one location; (v) Hospitals or medical facilities as defined in section
3701.01 of the Revised Code; (vi) Child day-care centers or school child day-care centers
as defined in section 5104.01 of the Revised Code;
(vii) Facilities owned or operated by a school district
established under Chapter 3311. of the Revised Code, including an
education service center, a community school established under
Chapter 3314. of the Revised Code, or a chartered or
nonchartered
nonpublic school that meets minimum standards
established by the
state board of education; (viii) Wholesale food Colleges as defined in section 3365.01 of the Revised Code; (ix) Food processing establishments as defined in section
3715.021 of the Revised Code; (ix)(x)
Any other site designated by rule.
(e) Conduct authorized diagnostic inspections. (2) Divisions (A)(1)(a) to (d) of this section do not apply
to an individual who is acting as a trained serviceperson under
the direct supervision of a commercial applicator. (3) Licenses shall
be issued
for a period of time
established by
rule and shall
be
renewed in
accordance with
deadlines established
by rule.
The
fee
for each
such license
shall be established by
rule. If a license is not
issued or
renewed, the application fee
shall be retained by the
state as
payment for
the reasonable
expense of processing the
application.
The
director
shall by rule
classify by
pesticide-use
category
licenses to be
issued under this section.
A
single
license may
include more than
one pesticide-use category.
No
individual shall
be required to pay
an
additional license fee
if
the individual is
licensed for more
than one
category.
The fee for each license or renewal does not apply to an
applicant who is an employee of the department of agriculture whose job duties require licensure as a commercial applicator as a condition of employment. (B) Application for a
commercial applicator license
shall
be
made on a form prescribed by the director. Each
application
for
a
license shall state the
pesticide-use
category or
categories
of license for which
the applicant
is
applying and
other information that the director
determines
essential to the
administration of
this chapter. (C) If the director finds that the applicant is
competent
to
apply
pesticides
and conduct diagnostic inspections
and that
the applicant has passed
both the general examination and
each
applicable pesticide-use
category examination as required
under
division (A) of section
921.12 of the Revised Code, the
director
shall issue a
commercial applicator
license
limited to the
pesticide-use
category or categories for which the
applicant is
found to
be competent.
If
the director rejects an application, the
director
may explain
why
the application was rejected, describe
the
additional
requirements
necessary for the applicant to obtain
a
license, and
return the
application. The applicant may resubmit
the
application without
payment of any additional fee. (D)(1) A person who is a commercial applicator shall be
deemed
to hold a private applicator's license for purposes of
applying
pesticides on agricultural commodities that are produced
by the
commercial applicator.
(2) A commercial applicator shall apply pesticides only in
the pesticide-use category or categories in which the applicator
is licensed under this chapter.
Sec. 921.23. The director of agriculture may suspend,
prior
to a hearing, for
not longer than ten days,
and after the opportunity for a hearing may deny, suspend, revoke, refuse to renew, or modify any provision of any license,
permit,
or
registration issued pursuant to this chapter if
the
director
finds that the
applicant or the holder of a
license,
permit, or
registration is no longer
qualified, has violated any provision of
this chapter or rules
adopted under
it, has been found guilty of
violating the
federal act, or has
been convicted of a misdemeanor
involving
moral
turpitude or of a
felony.
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 an 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 who 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. 1515.01. As used in Chapter 1515. of the Revised
Code this chapter: (A) "Soil and water conservation district" means a
district organized in accordance with this chapter. (B) "Supervisor" means one of the members of the governing
body of a district. (C) "Landowner," "owner," or "owner of land" means an owner of
record as shown by the records in the office of the county
recorder. With respect to an improvement or a proposed improvement, "landowner," "owner," or "owner of land" also includes any public corporation and the director of any department, office, or institution of the state that is affected by the improvement or that would be affected by the proposed improvement, but that does not own any right, title, estate, or interest in or to any real property. (D) "Land occupier" or "occupier of land" means any
person, firm, or corporation which that controls the use of land
whether as landowner, lessee, renter, or tenant. (E) "Due notice" means notice published at least twice,
stating time and place, with an interval of at least thirteen
days between the two publication dates, in a newspaper of general
circulation within a soil and water conservation district. (F) "Agricultural pollution" means failure to use
management or conservation practices in farming or silvicultural
operations to abate wind or water erosion of the soil or to abate
the degradation of the waters of the state by animal waste or
soil sediment including substances attached thereto. (G) "Urban sediment pollution" means failure to use
management or conservation practices to abate wind or water
erosion of the soil or to abate the degradation of the waters of
the state by soil sediment in conjunction with land grading,
excavating, filling, or other soil disturbing activities on land
used or being developed for nonfarm commercial, industrial,
residential, or other nonfarm purposes, except lands being used
in a strip mine operation as defined in section 1513.01 of the
Revised Code and except lands being used in a surface mining
operation as defined in section 1514.01 of the Revised Code. (H) "Uniform assessment" means an assessment that is both of the following: (1) Based upon a complete appraisal of each parcel of
land, together with all improvements thereon, within a project
area and of the benefits or damages brought about as a result of
the project that is determined by criteria applied equally to all
parcels within the project area; and (2) Levied upon the parcels at a uniform rate on the basis
of the appraisal. (I) "Varied assessment" means any assessment that does not
meet the criteria established in division (H) of this section. (J) "Project area" means an area determined and certified
by the supervisors of a soil and water conservation district
under section 1515.20 1515.19 of the Revised Code. (K) "Benefit" or "benefits" means advantages to land and owners, to public corporations, and to the state resulting from drainage, conservation, control, and management of water and from environmental, wildlife, and recreational improvements. "Benefit" or "benefits" includes, but is not limited to, any of the following factors:
(1) Elimination or reduction of damage from flooding;
(2) Removal of water conditions that jeopardize public health, safety, or welfare;
(3) Increased value of land resulting from an improvement;
(4) Use of water for irrigation, storage, regulation of stream flow, soil conservation, water supply, or any other incidental purpose;
(5) Providing an outlet for the accelerated runoff from artificial drainage if a stream, watercourse, channel, or ditch that is under improvement is called upon to discharge functions for which it was not designed. Uplands that have been removed from their natural state by deforestation, cultivation, artificial drainage, urban development, or other human methods shall be considered to be benefited by an improvement that is required to dispose of the accelerated flow of water from the uplands.
(L) "Improvement" or "conservation works of improvement" means an improvement that is made under the authority established in division (C) of section 1515.08 of the Revised Code.
(M) "Land" has the same meaning as in section 6131.01 of the Revised Code.
Sec. 1515.14. Within the limits of funds appropriated to
the department of natural resources, there shall be paid in each
calendar year to each local soil and water conservation district
an amount not to exceed one dollar for each one dollar received
in accordance with section 1515.10 of the Revised Code, received from tax levies in excess of the ten-mill levy limitation approved for the benefit of local soil and water conservation districts, or
received from an appropriation by a municipal corporation or
a township to a maximum of eight
thousand dollars, provided that the Ohio soil and water
conservation commission may approve payment to a district in an
amount in excess of eight thousand dollars in any calendar year
upon receipt of a request and justification from the district.
The county auditor shall credit such payments to the special fund
established pursuant to section 1515.10 of the Revised Code for
the local soil and water conservation district. The department
may make advances at least quarterly to each district on the
basis of the estimated contribution of the state to each
district. Moneys received by each district shall be expended for
the purposes of the district. Sec. 1515.18. An owner of land that is located in a soil and water conservation district may file a petition with the supervisors of the district requesting the construction of a conservation works of improvement. Upon the receipt of such a petition, the supervisors shall make a preliminary determination to accept or reject the petition.
A petition may be rejected if the supervisors determine that the information that it contains about the proposed improvement is insufficient to enable the supervisors to proceed with the petition under this chapter or if the petition appears to be frivolous. The supervisors also may reject a petition on the grounds that the district lacks sufficient staff or other resources to proceed with the improvement in accordance with this chapter. If the supervisors reject a petition, they shall notify the petitioner of the reasons for the rejection. A petition that was rejected due to insufficient information may be supplemented with additional information and filed again.
If the supervisors accept a petition for a proposed improvement, they shall establish a date and time for a view of the proposed improvement, which date shall be not fewer than twenty-five nor more than ninety days after the date on which the petition was filed. The supervisors shall designate a convenient place near the proposed improvement at which the view shall start.
Upon receipt of a petition, the supervisors also shall establish a date and time on and at which and designate a location at which they will hold a hearing on the proposed improvement. The hearing shall occur not later than ninety days after the date established for the view. Sec. 1515.181. As soon as the supervisors of a soil and water conservation district have established the dates, times, and locations of the view and the hearing concerning a proposed improvement, they shall send, at least twenty days prior to the date established for the view, a written notice of the view and the hearing to the landowners within the area to be benefited by the proposed improvement and to the board of county commissioners and the county engineer. The supervisors shall notify all landowners that are adjacent to the proposed improvement by certified mail and shall notify all others by certified mail or first class mailings. Any such written notice shall have the words "Legal Notice" printed in plain view on the face of the envelope. In addition, the supervisors shall invite to the view and the hearing the staff of the soil and water conservation district and the staff of the natural resources conservation service in the United States department of agriculture that is involved with the district together with any other people that the supervisors consider to be necessary to the proceedings.
Sec. 1515.182. On the date established for the view of a proposed improvement, the supervisors of a soil and water conservation district shall meet at the designated location near the proposed improvement at the established time. At that time, they shall hear proof of the need for the proposed improvement offered by any landowner that is affected by it.
The supervisors shall view the area in which the proposed improvement is to be constructed. If the proposed improvement is a ditch, the view shall include the line of the proposed ditch and each branch, lateral, or spur of the ditch that is mentioned in the petition. If the area to be viewed is extensive, the supervisors may conduct the view on more than one day and may adjourn from day to day, or a longer period, until the view is completed.
Sec. 1515.183. Upon acceptance of a petition requesting the construction of an improvement, the supervisors of a soil and water conservation district shall begin to prepare, as a guide to the board of county commissioners and the petitioners, a preliminary report regarding the proposed improvement. The supervisors shall present the completed preliminary report at the hearing that is held on the proposed improvement.
The preliminary report shall include a preliminary estimate of cost, comments on the feasibility of the project, and a statement of the supervisors' opinion as to whether the benefits from the project are likely to exceed the estimated cost. The preliminary report shall identify all factors that are apparent to the supervisors, both favorable and unfavorable to the proposed improvement, so that the petitioners may be informed concerning what is involved with the construction of the improvement.
In addition to reporting on the improvement as petitioned, the supervisors may submit alternate proposals to accomplish the intent of the petition. The preliminary report and all alternate proposals shall be reviewed and receive concurrence from an engineer who is employed by the division of soil and water conservation or by the natural resources conservation service in the United States department of agriculture and who is responsible for providing technical assistance to the district or from any other registered professional engineer whom the supervisors choose.
Sec. 1515.184. On the date and at the time established for the hearing on a petition for a proposed improvement, the supervisors of a soil and water conservation district shall conduct the hearing. Prior to the hearing, landowners affected by the proposed improvement may file objections to it with the supervisors, and at the hearing the supervisors shall hear any objections so filed. In addition, the supervisors shall present their preliminary report on the proposed improvement and shall hear any evidence offered by any landowner for or against construction of the proposed improvement. If necessary, the hearing may occur on more than one day and may be adjourned from day to day or for a longer time that may be reasonable so that all interested landowners may have an opportunity to be heard in favor of or in opposition to the proposed improvement.
Sec. 1515.185. If modifications or alternatives to a proposed improvement are proposed or discussed at the hearing on the improvement, the supervisors of the soil and water conservation district may adjourn the hearing for a period of time that is necessary to conduct a subsequent view of the proposed improvement in light of the proposed changes. If it appears that a subsequent view is necessary, the supervisors shall establish a date, time, and location for it and shall notify, in the same manner, the same persons that were required to be notified of the first view.
Sec. 1515.19. At the conclusion of the hearing on a proposed improvement, the supervisors of a soil and water conservation district may approve the petition for the improvement if they are reasonably certain that the cost of the proposed improvement will be less than the benefits from it and if they find that the improvement is necessary, that it will be conducive to the public welfare, that it will improve water management and development in the county in which the district is located to the advantage of lands located in it, and that it will aid lands in the area by promoting the economical, industrial, environmental, or social development of the area.
Upon approval of the petition, the supervisors shall establish a date by which the supervisors must complete, in accordance with sections 1515.191 to 1515.193 of the Revised Code, plans and specifications for the improvement together with estimates of damages from and costs for it. The date established shall allow as much time as is necessary for the preparation of the plans, specifications, and estimates. The supervisors may extend the completion date if necessary. Upon completion of the plans, specifications, and estimates, the supervisors shall do both of the following:
(A) Determine the area that would be benefited by the proposed improvement and certify the determination together with the supervisors' approval of the improvement to the board of county commissioners of each county containing land included in the benefited area;
(B) Submit the plans, specifications, and estimates together with the preliminary report to each such board. Sec. 1515.191. Upon approval by the supervisors of a soil and water conservation district of a petition for a proposed improvement, the supervisors or their designee shall conduct all necessary surveys for the proposed improvement. In addition, the supervisors or their designee shall prepare plans for constructing the improvement and shall prepare maps showing the location of the land that is proposed to be assessed in accordance with section 1515.24 of the Revised Code for the improvement.
The supervisors or their designee shall prepare specifications for construction of the improvement and shall specify dimensions of any temporary easement that is necessary for construction purposes. In addition, the supervisors or their designee shall make estimates of the cost of material and any excavation costs. The construction of the improvement may be divided into construction areas if that would be expedient.
In the case of an improvement that is a ditch or similar structure for the disposal of water, the specifications for its construction that the supervisors or their designee must prepare shall provide for spreading and leveling of spoil banks and shall provide for erosion and sediment control through the establishment of a sod or seeded strip not fewer than four feet nor more than fifteen feet wide, measured at right angles to the top of the ditch bank on both sides of the ditch, except where suitable vegetative cover exists. The strip or other such controls shall be considered to be part of the permanent improvement. Sod or seeded strips that are established and maintained in excess of four feet shall be compensated for by their removal from the taxable valuation of the property of which they are a part.
The supervisors or their designee shall make note of all fences, floodgates, culverts, bridges, and other structures that will be removed or adjusted in constructing the improvement. The supervisors or their designee also shall make note of any gates that need to be installed in existing fences in order to provide access to the improvement for maintenance purposes. The gates shall be locked when requested by the owner of the fence and shall be considered to be a part of the original improvement and subject to maintenance along with the improvement.
The supervisors shall submit the plans, specifications, and other information prepared in accordance with this section to the board of county commissioners of each county in which the proposed improvement is to be located.
Sec. 1515.192. The supervisors of a soil and water conservation district or their designee shall estimate the value of land or other property that must be taken and the damages to be sustained by any owner as a result of the construction and subsequent maintenance of a proposed improvement. The supervisors or their designee shall prepare a schedule of damages consisting of the name and address of each owner that is alleged to be damaged, the amount of the estimated damages, and an explanation of the injury upon which the estimate is based. The supervisors' or their designee's schedule of damages also shall contain the value of the land or other property that is necessary to be taken and a complete description of that land or other property. The supervisors shall include the total of the estimated damages and valuations as part of the estimate of the total cost of constructing the improvement and shall submit the schedule of damages to the board of county commissioners of each county in which the improvement is to be located.
Sec. 1515.193. The supervisors of a soil and water conservation district or their designee shall make an estimate of the cost of the construction of a proposed improvement, which shall include actual construction costs, any other expenses incurred in investigations and notifications related to the project, the value of land or other property that must be taken and the damages to be sustained by any owner as a result of the construction and subsequent maintenance of the proposed improvement, the cost of installing any gates in fences or any other structures that are necessary to provide access to the improvement for maintenance purposes, and any other incidental costs. Upon completion of the estimate of cost, the supervisors shall submit it to the board of county commissioners of each county in which the improvement is to be located.
Sec. 1515.21. Upon receipt of a certification under
section 1515.20 1515.19 of the Revised Code, the board of county
commissioners shall, within sixty days, approve or disapprove
construction of the improvement. If a board disapproves
construction of the improvement, the supervisors may revise the
plan for the improvement and again proceed under section 1515.20 1515.19
of the Revised Code. If the board of county commissioners of
each county containing any of the territory included in the
project area approves construction of the improvement, the board,
or if there is more than one such county, the joint board formed
under section 1515.22 of the Revised Code, has in addition to its
other powers, the powers of a soil and water conservation
district granted by division (C) of section 1515.08 of the
Revised Code. When considering whether to approve or disapprove construction of an improvement, the board shall consider all of the following factors:
(A) The cost of location and construction;
(B) The compensation for land or other property that must be taken;
(C) The benefits to the public welfare;
(D) The benefits to land, public corporations, and the state needing the improvement;
(E) In the case of an improvement involving the drainage of water, the effect on land below the improvement that may be caused by constructing the improvement and the sufficiency or insufficiency of the outlet that receives flow from the improvement;
(F) Any other proper matter that will assist the board in approving or disapproving construction of the improvement.
When, in the opinion of the board of county commissioners,
it is necessary for the board to acquire real property or a
right-of-way or other easement for a conservation works of
improvement under Chapter 1515. of the Revised Code this chapter, the board
may appropriate such the real property or right-of-way or other
easement in accordance with sections 163.01 to 163.62 of the
Revised Code. If the board approves construction of the improvement, the county engineer shall file with the county recorder a property plat showing the general location of the improvement and a statement describing the dimensions of any permanent easement that is necessary for maintenance of the improvement. In the case of an improvement that is an open ditch, provisions that govern the permanent easement for maintenance of the ditch that are established in section 6137.12 of the Revised Code shall apply. A board shall follow sections 307.86 to 307.91 of the
Revised Code, except that the board may designate the board of
supervisors as the contracting agency and it shall follow
division (H) of section 1515.08 of the Revised Code, or except
that if the improvement is being undertaken through the joint
efforts and cooperation of the board of county commissioners or
board of supervisors and another state or federal agency, and if
the state or federal regulations or procedures are in conflict
with such those sections with respect to the procedures for the
preparing of contracts, the issuing of bids, the making of
awards, and generally the administering of the contracts, the
board of county commissioners or board of supervisors may adopt
the state or federal regulations or procedures in those areas
where conflict exists and proceed with the improvement in
accordance with the requirements of the state or federal
regulations or procedures.
Sec. 1515.211. A board of county commissioners that approves construction of a proposed improvement or the board's designee shall prepare a schedule of estimated assessments on property within the area that is to be benefited by the improvement. In preparing the schedule, the board or its designee shall use information concerning the proposed improvement that must be submitted to the board by the supervisors of a soil and water conservation district. The information includes plans for the proposed improvement, including surveys, maps, and specifications, together with schedules of damages, cost estimates, and any related reports that the supervisors or their designee prepared.
The schedule of estimated assessments that must be prepared shall include the name and address of each owner of land believed to be benefited by the proposed improvement together with a description of the land. The names and descriptions shall be obtained from the tax duplicates of the county. The board or its designee shall enter in the schedule the amount of each estimated assessment, which shall be determined using considerations established in section 1515.24 of the Revised Code. In no case shall an assessment be less than twenty-five dollars. The total of the estimated assessments, including the total estimated assessments allocated to public corporations and the state, shall equal the estimated cost of the proposed improvement. The board shall use the schedule of estimated assessments for purposes of levying final assessments under section 1515.24 of the Revised Code.
Sec. 1515.24.
(A) Upon Following receipt of a certification made by
the
supervisors of a soil and water conservation district pursuant
to
section 1515.20 1515.19 of the Revised Code together with receipt of all plans, specifications, and estimates submitted under that section and upon completion of a schedule of estimated assessments in accordance with section 1515.211 of the Revised Code, the board of county
commissioners may
adopt a resolution levying upon the
property
within the project area
an assessment at a uniform or
varied rate
based upon the benefit
to the area certified by the
supervisors,
as necessary to pay the
cost of construction of the
improvement
not otherwise funded and
to repay advances made for
purposes of
the improvement from the
fund created by section
1515.15 of the
Revised Code. The board
of
county commissioners
shall direct the
person or authority
preparing assessments to give
primary
consideration, in
determining a parcel's estimated
assessments
relating to the
disposal of water, to the potential
increase in
productivity that
the parcel may experience as a
result of the
improvement and also
to give consideration to the
amount of water
disposed of, the
location of the property relative
to the project,
the value of
the
project to the watershed, and
benefits as defined
in section
6131.01 of the
Revised Code. The
part
of the
assessment that is
found to benefit state, county, or
township
roads or highways or
municipal streets shall be assessed
against
the state, county,
township, or municipal corporation,
respectively, payable from
motor vehicle revenues. The
part of
the assessment that is found
to benefit property
owned by any
public corporation, any political
subdivision of the state, or
the
state shall be assessed against
the public corporation, the
political subdivision, or the state
and shall be paid out of the
general funds or motor vehicle
revenues of the public
corporation,
the political subdivision of
the state, or the
state, except as
otherwise provided by law. (B) The assessment shall
be certified to the county auditor
and by the county
auditor to the county
treasurer. The collection
of the assessment shall conform
in
all matters to Chapter 323. of
the Revised Code. (C)
Any land owned
and managed by the department of natural
resources for wildlife,
recreation, nature preserve, or forestry
purposes is exempt from
assessments if the director of natural
resources determines that
the land derives no benefit from the
improvement. In making such
a determination, the director shall
consider the purposes for
which the land is owned and managed and
any relevant articles of
dedication or existing management plans
for the land. If the
director determines that the land derives no
benefit from the
improvement, the director shall notify the board
of county
commissioners,
within thirty days after receiving the
assessment notification
required by this section, indicating that
the director has
determined that
the land is to be exempt and
explaining the specific reason
for
making this determination. The
board of county commissioners, within thirty
days after receiving
the director's exemption
notification, may appeal the
determination to the
court of common
pleas. If the court of
common pleas finds in favor of the board
of county commissioners,
the department of natural resources
shall pay all court costs and
legal fees. (D)(1)
The board shall give notice by first class mail to
every public
and
private property owner whose property is subject
to
assessment, at the
tax mailing or other known address of the
owner. The notice shall contain a
statement of the amount to be
assessed against the property of the addressee, a description of
the method used to determine the necessity for and the amount of
the proposed assessment,
a description of any easement on the property that is necessary for purposes of the improvement, and a statement
that the addressee may
file an
objection in writing at the office
of the board of county
commissioners within thirty days after the
mailing of notice. If
the residence of any owner cannot be
ascertained, or if any
mailed
notice is returned undelivered, the
board shall publish
the notice
to all such owners in a newspaper
of general
circulation within
the project area, at least once each
week for
three weeks, which
notice shall include the information
contained
in the mailed
notice, but shall state that the owner may
file
an objection in
writing at the office of the board of county
commissioners within
thirty days after the last publication of
the
notice. (2) Upon receipt of objections as provided in this section,
the
board shall proceed within thirty days to hold a final hearing
on the objections by fixing a date and giving notice by
first
class mail to the objectors at the address
provided in filing
the
objection. If any mailed notice is returned
undelivered, the
board shall give due notice to the objectors in a newspaper
of
general circulation in the project area, stating the time, place,
and purpose of the hearing. Upon hearing the objectors, the board
may
adopt a resolution amending and
approving
the final schedule
of assessments
and shall enter it in the
journal. (3) Any owner whose objection is not allowed may appeal
within
thirty days to the court of common pleas of the county in
which
the property is located.
(4) The board of county
commissioners shall make an order
approving the levying of the
assessment and shall proceed under
section 6131.23 of the Revised Code after one of the following has
occurred, as applicable: (a) Final notice is provided by mail or publication. (b) The imposition of assessments is upheld in the final
disposition of an appeal that is filed pursuant to division (D)(3)
of this section. (c) The resolution levying the assessments is approved in
a
referendum that is held pursuant to section 305.31 of the
Revised
Code. (5) The county treasurer shall deposit the proceeds of the
assessment in the fund designated by the board and shall report to
the county auditor the amount of money from the assessment that is
collected by the treasurer. Moneys shall be expended from the
fund for purposes of the improvement. (E) Any moneys collected in excess of the amount needed for
construction of the improvement and the subsequent first year's
maintenance may be maintained in a fund to be used for
maintenance
of the improvement. In any year subsequent to a year
in which an
assessment for construction of an improvement levied
under this
section has been collected, and upon determination by
the board of
county commissioners that funds are not otherwise
available for
maintenance or repair of the improvement, the board
shall levy on
the property within the project area an
assessment for maintenance
at a uniform percentage of all
construction costs based upon the
assessment schedule used in
determining the construction
assessment. The assessment is not
subject to the provisions
concerning notice and petition
contained in
this section. An
assessment for
maintenance shall not be
levied in any year in
which
the
unencumbered balance of funds
available for maintenance
of the
improvement exceeds twenty per
cent of the cost of
construction
of
the improvement, except that
the board may adjust
the level of
assessment within the twenty per
cent limitation, or
suspend
temporarily the levying of an
assessment, for maintenance
purposes
as maintenance funds are
needed. For the purpose of levying an assessment for
maintenance of
an improvement, a board may use the procedures
established in
Chapter 6137. of
the Revised
Code regarding maintenance of
improvements as defined in section 6131.01 of the
Revised
Code in
lieu of using the
procedures established under this section. (F) The board of county commissioners may issue bonds and
notes
as authorized by section 131.23 or 133.17 of the Revised
Code.
Sec. 3707.38. The board of health of a city or
general health district may
appoint, define the duties of, and fix
the compensation of the number of
inspectors of shops, wagons,
appliances, and food, and the
number of other persons necessary to
carry out
this chapter and Chapter 3717. of the Revised Code and,
if applicable, to carry out any duties assumed by the board
under
an agreement entered into under division (B)(A)(2) of section
917.02 of
the
Revised Code. Inspectors for those purposes may enter
any
house, vehicle, or yard. The board may authorize the health
commissioner
to perform the duties of the inspectors.
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.
Sec. 5301.68. An owner of land
may grant a conservation
easement to the
department of natural resources, a park district
created under Chapter 1545.
of the Revised Code, a township
park
district created under section 511.18 of
the Revised Code, a
conservancy district created under Chapter 6101. of the
Revised
Code, a soil and water conservation district created under Chapter
1515. of the Revised Code, a county, a township, a municipal
corporation, or a
charitable organization that is authorized to
hold conservation easements by
division (B) of section 5301.69 of
the Revised Code, in the form of
articles
of dedication, easement,
covenant, restriction, or condition. An owner of
land also may
grant an agricultural easement to the director of
agriculture;
to
a municipal corporation, county,
or township, or soil and water
conservation district; or to a charitable
organization described
in division
(B) of section 5301.69 of the
Revised Code. An owner
of land may grant an
agricultural easement
only on land that is
valued for purposes of real
property taxation
at its current value
for agricultural use under section
5713.31 of
the Revised Code
or
that constitutes a homestead when the easement
is granted. All conservation easements and agricultural easements shall
be executed
and recorded in the same manner
as other instruments
conveying interests in land.
Sec. 5301.691. (A)(1) Subject to
divisions (A)(2) and (E)(F)
of this section, the director of
agriculture, with moneys credited
to the agricultural easement
purchase fund created in section
901.21 of the Revised Code, may purchase
agricultural easements in
the name of the state. (2) Not less than thirty days prior to the acquisition of
an
agricultural easement under division
(A)(1) of this section or the
extinguishment of such an easement purchased under that
division,
the director shall provide written notice of the intention to do
so
to the board of county commissioners of the county in which the
land that is
or is proposed to be subject to the easement or
extinguishment
is located, and either to the legislative authority
of the
municipal corporation in which the land is located, if it
is
located in an incorporated area, or to the board of township
trustees of the township in which the land is located, if it is
located in an unincorporated area. If, within thirty days after
the director provides the notice, the board of county
commissioners, legislative authority, or board of township
trustees requests an informational meeting with the director
regarding the proposed acquisition or extinguishment, the
director
shall meet with the legislative authority or board
to respond to
the board's or authority's questions and concerns. If a meeting
is timely requested under division
(A)(2) of this section, the
director shall not undertake the proposed acquisition or
extinguishment until after the meeting has been
concluded. The director, upon the director's own initiative and prior
to
the purchase of an agricultural easement under
division (A)(1) of
this section
or the extinguishment of such an easement, may hold
an informational meeting
with the board of
county commissioners
and the legislative authority of the
municipal corporation or
board of township trustees in which
land that would be affected by
the proposed
acquisition or extinguishment is located, to respond
to any questions and
concerns of the board or authority regarding
the
proposed acquisition or extinguishment. (B)(1) Subject to division (E)(F) of this section, the
legislative authority
of a municipal corporation, board of county
commissioners of a
county, or board of trustees of a township,
with moneys in the
political subdivision's general fund not
required by law or
charter to be used for other specified purposes
or with moneys in a special
fund of the political subdivision to
be used for the purchase of agricultural
easements, may purchase
agricultural easements in the name of the municipal
corporation,
county, or township. (2) Subject to division (E)(F) of this section, the legislative
authority of a municipal corporation, board of county
commissioners of a county, or board of township trustees of a
township may acquire agricultural easements by
gift, devise, or
bequest. Any terms may be included in an
agricultural easement so
acquired that are
necessary or appropriate to preserve on behalf
of the grantor of
the easement the favorable tax consequences of
the gift, devise,
or bequest under the
"Internal
Revenue Act of
1986," 100
Stat. 2085, 26 U.S.C.A.
1, as amended. (C)(1) Subject to division (F) of this section, the board of
supervisors of a soil and water conservation district, with moneys
in any fund not required by law to be used for other specified
purposes or with moneys provided to the board through matching
grants made under section 901.22 of the Revised Code for the
purchase of agricultural easements, may purchase agricultural
easements in the name of the board.
(2) Subject to division (F) of this section, the board of
supervisors of a soil and water conservation district may acquire
agricultural easements by gift, devise, or bequest. Any terms may
be included in an agricultural easement so acquired that are
necessary or appropriate to preserve on behalf of the grantor of
the easement the favorable tax consequences of the gift, devise,
or bequest under the "Internal Revenue Act of 1986," 100 Stat.
2085, 26 U.S.C.A. 1, as amended. (D)(1) The term of an agricultural
easement purchased
wholly
or in part with money from the agricultural easement purchase fund
shall be perpetual and shall run with the land. (2) The term of an agricultural easement purchased by such a the
legislative authority of a municipal corporation, board of
county commissioners of a county, board of township trustees of a
township, or board of supervisors of a soil and water conservation district without
the use of any money from
the agricultural easement purchase fund may be
perpetual or for
a
specified period. The agricultural easement shall run with the
land. The
instrument conveying an
agricultural easement for a
specified period shall
include provisions specifying, at a
minimum, all of the following: (a) The
consideration to be paid for the easement and manner
of payment; (b) Whether the easement is renewable and, if so,
procedures
for its renewal; (c) The circumstances under which the easement may be
extinguished; (d) The method for determining the amount of
money, if any,
due the holder of the easement upon
extinguishment and for payment
of that amount to the
holder. (D)(E)(1) The director and each
legislative authority of a
municipal corporation, board of county
commissioners, or board of
township trustees, or board of supervisors of a soil and water
conservation district, upon acquiring an agricultural
easement by
purchase, gift, devise, or bequest
under this section or section
901.21 of the
Revised
Code, shall name an appropriate
administrative officer, department, or division to supervise and
enforce the easement. A legislative authority or of a municipal corporation, board of county commissioners, or board of township trustees may enter
into a
contract
with the board of park commissioners of a park
district
established under Chapter 1545.
of the Revised
Code, the
board of park
commissioners of a township park district
established under
section 511.18 of the Revised
Code, or the board
of
supervisors of a soil and water conservation district
established under Chapter 1515. of the
Revised
Code having
territorial
jurisdiction within the municipal corporation, county,
or
township, or with a charitable organization described in
division (B) of section 5301.69
of the Revised
Code, to supervise
on behalf of
the legislative authority or board an agricultural
easement so acquired. A board of supervisors of a
soil and water conservation district may enter into a contract
with the board of park commissioners of a park district
established under Chapter 1545. of the Revised Code or the board
of park commissioners of a township park district established
under section 511.18 of the Revised Code having territorial
jurisdiction within the soil and water conservation district, or
with a charitable organization described in division (B) of
section 5301.69 of the Revised Code, to supervise on behalf of the
board an agricultural easement so acquired. The contract may be entered into on such
terms as are agreeable to the parties and shall specify or
prescribe a method for determining the amounts of any payments
to
be made by the legislative authority or, board of county
commissioners or, board of township trustees, or board of supervisors for the performance of the
contract.
(2) With respect to an agricultural easement purchased with
a matching grant that is made under division (D) of section 901.22
of the Revised Code and that consists in whole or in part of
moneys from the clean Ohio agricultural easement fund created in
section
901.21 of the
Revised Code, the recipient of the matching
grant
shall make an
annual monitoring visit to the land that is
the
subject of the
easement. The purpose of the visit is to
ensure
that no
development that is prohibited by the terms of the
easement has
occurred or is occurring. In accordance with rules
adopted under
division (A)(1)(d) of section 901.22 of the Revised
Code, the
grant recipient shall prepare a written annual
monitoring report
and submit it to the office of farmland
preservation in the
department of agriculture. If necessary to
enforce the terms of
the easement, the grant recipient shall take
corrective action in
accordance with those rules.
The director may
agree to share these monitoring and enforcement responsibilities
with the grant recipient. (E)(F) The director; a municipal corporation, county, or
township, or soil and water conservation district;
or a charitable organization described in division (B)
of section
5301.69 of the Revised Code, may acquire agricultural
easements by purchase,
gift, devise, or
bequest only on land that
is valued for purposes of real property taxation at
its current
value for agricultural use under section 5713.31 of the Revised
Code
or that constitutes a homestead when the easement is granted.
(F)(G) An agricultural
easement acquired by the director under
division
(A) of this section may be extinguished
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
agricultural easement, or if the
requirements of the easement are
extinguished by judicial
proceedings. Upon the sale, exchange, or
involuntary conversion
of the land subject to the easement, the
director 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. Moneys
so received shall be credited to the agricultural easement
purchase fund.
An agricultural easement acquired by a municipal
corporation,
county, or township under division
(B) of this section or by a soil and water conservation district under division (C) of this section may be
extinguished
under the circumstances prescribed, and in
accordance
with the terms and conditions set forth, in the
instrument
conveying the agricultural
easement.
An agricultural easement
acquired by a charitable
organization described in division
(B) of
section 5301.69 of the
Revised
Code may be extinguished under
the
circumstances prescribed, and in accordance with the terms
and
conditions set forth, in the instrument conveying the
agricultural
easement. Any instrument extinguishing an agricultural
easement
shall
be executed and
recorded in the same manner as other instruments
conveying or
terminating interests in real property. (G)(H) Promptly after the
recording and indexing of an
instrument conveying an
agricultural easement to any person or to
a
municipal corporation, county, or township, or soil and water conservation district or of an instrument
extinguishing an agricultural easement held by any
person or such
a political subdivision, the county recorder shall
mail, by
regular mail, a photocopy of the instrument to the office of
farmland
preservation in the department of agriculture. The
photocopy shall be
accompanied by an invoice for the
applicable
fee established in section 317.32 of the
Revised Code. Promptly
after receiving
the photocopy and invoice, the office of farmland
preservation
shall remit the fee to the county
recorder.
(H)(I) The director, the legislative authority of a
municipal
corporation, a board of county commissioners, or a
board of
township trustees, or a board of supervisors of a soil and water conservation district may receive and expend grants from
any public or
private source for the purpose of purchasing
agricultural
easements and supervising and
enforcing them.
Sec. 6131.23. The assessments estimated in accordance with
section 6131.14 of the Revised Code shall be payable in not less
than two semiannual installments. At the time of the final
hearing, in the order approving the levying of the assessments,
the board of county commissioners shall determine how long a
period of time, in semiannual installments, as taxes are paid,
shall be given the owners of land benefited to pay the
assessments that are made for an improvement and whether or not
bonds or notes shall be issued and sold in anticipation of such
payments. If bonds or notes are to be issued, the interest shall
be added to the assessments. If the estimated cost of the
improvement does not exceed five hundred dollars, not more than
two semiannual installments, as taxes are paid, shall be given to
owners of lands benefited to pay the assessments that are made
for the improvement. If the estimated cost of the improvement
exceeds five hundred dollars, the board may determine the number
of installments in which the assessments are to be paid. If any
such assessment is twenty-five dollars or less, or whenever the
unpaid balance of any such assessment is twenty-five dollars or
less, the same shall be paid in full, and not in installments, at
the time the first or next installment would otherwise become
due. When assessments are payable in installments and county
general funds are used to pay for the improvement, the assessment
shall not exceed ten semiannual installments, as computed by the
county auditor pursuant to section 6131.49 of the Revised Code,
and shall be payable upon completion of the contract. When assessments are made payable in installments and bonds
or notes have been sold to pay for the improvement, interest
shall be added to the installments of assessments at the same
rate as is drawn by the bonds or notes issued to pay for the
improvements. Any owner may pay the estimated assessments on his
the owner's land in cash within thirty days after the final hearing
without
paying any interest thereon. If the legislative authority of a
political subdivision chooses to pay the assessments on all
parcels within the subdivision, both public and private, in one
installment, it shall pass a resolution so stating and shall send
the resolution, or a copy thereof, to the board of county
commissioners before making the payment. The legislative
authority shall pay all subsequent maintenance assessments levied
under section 6137.03 of the Revised Code if it chooses to pay
the construction assessments on all parcels within the
subdivision. Bonds may be sold for any repayment period that the board
of county commissioners may determine proper, not to exceed
sixteen semiannual installments, except that for bonds sold by a board of county commissioners for soil and water conservation district improvements pursuant to section 1515.24 of the Revised Code, the repayment period shall not exceed thirty semiannual installments.
Section 2. That existing sections 183.12, 317.32, 505.101, 901.21, 901.22, 917.01, 917.02, 917.031, 917.09, 917.091, 917.19, 917.22, 918.01, 918.02, 918.08, 918.11, 918.25, 918.28, 921.06, 921.23, 955.51, 955.52, 955.53, 1515.01, 1515.14, 1515.21, 1515.24, 3707.38, 3715.65, 5301.68, 5301.691, and 6131.23 and section Sec. 1515.20. of the Revised Code are hereby repealed.
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