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(127th General Assembly)
(Amended House Bill Number 352)
AN ACT
To amend sections 901.41, 901.70, 903.01, 943.01, and
947.01 of the Revised Code to include alpacas and
llamas in
certain statutory definitions of
"agricultural
animal" and "livestock."
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 901.41, 901.70, 903.01, 943.01, and
947.01 of the Revised Code be amended to read as follows:
Sec. 901.41. As used in this section and in section
901.42
of the Revised Code:
(A) "Director" means the director of agriculture or the
designee of the director of agriculture.
(B) "Exhibition" means a
display of animals that is open to
the public.
(C) "National exhibition" means an exhibition where species
from fifteen or more states or nations are exhibited.
(D) "Nonprofit association" means any corporation, society,
partnership, or other organization formed under the laws of this
state or
another state or nation providing for the establishment
and
governance of nonprofit entities.
(E) "Ohio expositions center" means
the property that is held
by this state for the purpose of
conducting fairs, expositions,
and exhibits and that is
maintained and managed by the Ohio
expositions commission under section 991.03
of the Revised Code.
(F) "Premium awards"
means money, ribbons, banners, medals,
achievement pins,
trophies, or merchandise presented for animals
of superior
quality.
(G) "Rental costs" means
the costs associated with the rental
of the facilities, or a
portion thereof, at the Ohio
expositions
center, including, without limitation, grounds,
buildings, pens,
animal feeding or watering equipment, and
tieouts. "Rental costs"
also includes labor costs
associated with set-up, tear-down, and
security.
(H) "Species" means dairy cattle, beef cattle, swine,
rabbits,
poultry, alpacas, llamas, and sheep.
Sec. 901.70. As used in sections 901.70 to 901.76 of the
Revised Code:
(A) "Exhibition" means any of the following:
(1) A show or sale of livestock at a fair or elsewhere that
is sponsored
by or under the control of a county or independent
agricultural society
organized under section 1711.01 or 1711.02 of
the Revised Code;
(2) A show or sale of livestock at the Ohio state fair;
(3) A livestock show at a fair or elsewhere or a livestock
sale at or
associated with a fair or livestock show that is
assembled for any length of
time;
(4) A livestock show at a fair or elsewhere or a livestock
sale at or
associated with a fair or livestock show that includes
livestock with
origins outside Ohio this state;
(5) Any show or sale of livestock at a fair or elsewhere that
is specified
by rule of the director of agriculture adopted under
section 901.72 of the
Revised Code.
(B) "Livestock" means any animal generally used for food or
in the production
of food, including cattle, sheep, goats,
rabbits, poultry, swine, and any
other animal included by the
director by rules adopted under section 901.72 of
the Revised
Code, alpacas, and llamas.
(C) "Sponsor" means any of the following:
(1) A county or independent agricultural society organized
under section
1711.01 or 1711.02 of the Revised Code;
(2) The Ohio state fair;
(3) Any other public or private entity sponsoring an
exhibition.
Sec. 903.01. As used in this chapter:
(A) "Agricultural animal" means any
animal generally used
for
food or in the production of food,
including cattle, sheep,
goats,
rabbits, poultry, and swine;
horses; alpacas; llamas; and any
other animal
included by the director of agriculture by
rule.
"Agricultural
animal" does not include fish or other aquatic
animals regardless
of whether they are raised at fish hatcheries,
fish farms, or
other facilities that raise aquatic animals.
(B) "Animal feeding facility" means a lot, building, or
structure
where both of the following
conditions are met:
(1) Agricultural animals have been, are, or
will
be stabled
or confined and fed or maintained there for a
total of
forty-five
days or more in any twelve-month period.
(2) Crops, vegetative forage growth, or post-harvest
residues
are not sustained in the normal growing season over any
portion of
the lot,
building, or structure.
"Animal feeding facility" also includes land that is owned or
leased by or otherwise is under the control of the owner or
operator of the lot, building, or structure
and on which manure
originating from agricultural animals in the lot, building, or
structure or a production area is or may be applied.
Two or more animal feeding facilities under common ownership
shall be considered to be a single
animal feeding facility for the
purposes of this chapter if they adjoin each
other or if they use
a common
area or system for the disposal of manure.
(C) "Best management practices" means best management
practices
established in rules.
(D) "Cattle" includes, but is not limited to, heifers,
steers, bulls, and cow and calf pairs.
(E) "Concentrated animal feeding facility" means an
animal
feeding facility with a total design capacity equal to or more
than the number of animals specified in any of the categories in
division (M) of this section.
(F) "Concentrated animal feeding operation" means an animal
feeding facility that complies with one of the following:
(1) Has a total design capacity equal to or more than the
number of animals specified in any of the categories in division
(M) of this section;
(2) Satisfies the criteria in division (M), (Q), or (EE) of
this section;
(3) Is designated by the director of agriculture as a medium
or small concentrated animal feeding operation pursuant to rules.
(G) "Discharge" means to add from a point source to waters
of
the
state.
(H) "Federal Water Pollution
Control Act" means the
"Federal
Water Pollution Control
Act Amendments of 1972," 86 Stat. 816, 33
U.S.C.
1251 et. seq., as amended, and regulations adopted under
it.
(I) "Finalized," with respect to the programs required under
division (A)(1) of section 903.02 and division (A)(1) of
section
903.03 of the Revised Code, means that all rules that are
necessary for the administration of
this
chapter have been adopted
and all employees of the
department of agriculture that are
necessary for the administration of
this chapter have been
employed.
(J) "General permit" has the meaning that is established in
rules.
(K) "Individual permit" has the meaning that is established
in
rules.
(L) "Installation permit" means a permit for the
installation
or
modification of a disposal system or any part of a
disposal
system issued by
the director of
environmental protection
under
division (J)(1) of section 6111.03
of the Revised Code.
(M) "Large concentrated animal feeding operation" means an
animal feeding facility that stables or confines at least the
number of animals specified in any of the following categories:
(1) Seven hundred mature dairy cattle whether milked or dry;
(2) One thousand veal calves;
(3) One thousand cattle other than mature dairy cattle or
veal calves;
(4) Two thousand five hundred swine that each weigh
fifty-five pounds or more;
(5) Ten thousand swine that each weigh less than fifty-five
pounds;
(6) Five hundred horses;
(7) Ten thousand sheep or lambs;
(8) Fifty-five thousand turkeys;
(9) Thirty thousand laying hens or broilers if the animal
feeding facility uses a liquid manure handling system;
(10) One hundred twenty-five thousand chickens, other than
laying hens, if the animal feeding facility uses a manure handling
system that is not a liquid manure handling system;
(11) Eighty-two thousand laying hens if the animal feeding
facility uses a manure handling system that is not a liquid manure
handling system;
(12) Thirty thousand ducks if the animal feeding facility
uses a manure handling system that is not a liquid manure handling
system;
(13) Five thousand ducks if the animal feeding facility uses
a liquid manure handling system.
(N) "Major concentrated animal feeding facility" means a
concentrated animal feeding facility with a total design capacity
of more
than ten times the number of animals specified in any of
the categories in division (M) of this section.
(O) "Manure" means any of the following wastes used in or
resulting from the
production of agricultural animals or direct
agricultural products
such as milk or eggs: animal excreta,
discarded
products, bedding, process waste water, process
generated waste water, waste
feed, silage drainage, and
compost
products resulting from mortality composting or the
composting of
animal excreta.
(P) "Manure storage or treatment facility" means
any
excavated, diked, or walled structure or combination of
structures
designed for the biological stabilization, holding,
or storage of
manure.
(Q) "Medium concentrated animal feeding operation" means an
animal feeding facility that satisfies both of the following:
(1) The facility stables or confines the number of animals
specified in any of the following categories:
(a) Two hundred to six hundred ninety-nine mature dairy
cattle whether milked or dry;
(b) Three hundred to nine hundred ninety-nine veal calves;
(c) Three hundred to nine hundred ninety-nine cattle other
than mature dairy cattle or veal calves;
(d) Seven hundred fifty to two thousand four hundred
ninety-nine swine that each weigh fifty-five pounds or more;
(e) Three thousand to nine thousand nine hundred ninety-nine
swine that each weigh less than fifty-five pounds;
(f) One hundred fifty to four hundred ninety-nine horses;
(g) Three thousand to nine thousand nine hundred ninety-nine
sheep or lambs;
(h) Sixteen thousand five hundred to fifty-four thousand nine
hundred ninety-nine turkeys;
(i) Nine thousand to twenty-nine thousand nine hundred
ninety-nine laying hens or broilers if the animal feeding facility
uses a liquid manure handling system;
(j) Thirty-seven thousand five hundred to one hundred
twenty-four thousand nine hundred ninety-nine chickens, other than
laying hens, if the animal feeding facility uses a manure handling
system that is not a liquid manure handling system;
(k) Twenty-five thousand to eighty-one thousand nine hundred
ninety-nine laying hens if the animal feeding facility uses a
manure handling system that is not a liquid manure handling
system;
(l) Ten thousand to twenty-nine thousand nine hundred
ninety-nine ducks if the animal feeding facility uses a manure
handling system that is not a liquid manure handling system;
(m) One thousand five hundred to four thousand nine hundred
ninety-nine ducks if the animal feeding facility uses a liquid
manure handling system.
(2) The facility does one of the following:
(a) Discharges pollutants into waters of the United States
through a ditch constructed by humans, a flushing system
constructed by humans, or another similar device constructed by
humans;
(b) Discharges pollutants directly into waters of the United
States that originate outside of and that pass over, across, or
through the facility or otherwise come into direct contact with
the animals at the facility.
"Medium concentrated animal feeding operation" includes an
animal feeding facility that is designated by the director as a
medium concentrated animal feeding operation pursuant to rules.
(R) "Mortality composting" means the controlled
decomposition
of organic solid material consisting of dead
animals
that
stabilizes the organic fraction of the
material.
(S) "NPDES permit" means a permit issued under the
national
pollutant discharge elimination system established in section 402
of
the Federal Water Pollution Control
Act and includes the
renewal of such a permit.
"NPDES permit" includes the federally
enforceable provisions of a
permit to operate into which
NPDES
permit provisions have been incorporated.
(T) "Permit" includes an initial, renewed, or modified
permit
to
install, permit to operate, NPDES permit, and
installation
permit
unless expressly stated otherwise.
(U) "Permit to install" means a permit issued under
section
903.02 of the Revised Code.
(V) "Permit to operate" means a permit issued or renewed
under
section 903.03 of the Revised Code and includes incorporated
NPDES
permit provisions, if applicable.
(W) "Person" means any legal entity defined as a person
under
section 1.59 of the Revised Code, the state, any
political
subdivision of the state, any
interstate body created by compact,
the United States, or any department, agency, or
instrumentality
of
any of those entities.
(X) "Point source" has the
same meaning as in the Federal
Water Pollution
Control Act.
(Y) "Process generated waste water" means water that is
directly
or
indirectly used in the operation of an animal feeding
facility for any
of the
following:
(1) Spillage or overflow from animal watering
systems;
(2) Washing, cleaning, or flushing pens, barns, manure pits,
or
other areas of an animal feeding facility;
(3) Direct contact swimming, washing, or spray cooling of
animals;
(4) Dust control.
(Z) "Process waste water" means any process generated waste
water and any precipitation, including rain or snow, that comes
into contact
with manure, litter,
bedding, or any other raw
material or intermediate or final
material or product used in or
resulting from the production of
animals or direct products such
as milk or eggs.
(AA) "Production area" means any of the following components
of an animal feeding facility:
(1) Animal confinement areas, including, but not limited to,
open lots, housed lots, feedlots, confinement houses, stall barns,
free stall barns, milkrooms, milking centers, cowyards, barnyards,
medication pens, animal walkways, and stables;
(2) Manure storage areas, including, but not limited to,
manure storage or treatment facilities;
(3) Raw material storage areas, including, but not limited
to, feed silos, silage bunkers, commodity buildings, and bedding
materials;
(4) Waste containment areas, including, but not limited to,
any of the following:
(a) An egg washing or egg processing facility;
(b) An area used in the storage, handling, treatment, or
disposal of mortalities;
(c) Settling basins, runoff ponds, liquid impoundments, and
areas within berms and diversions that are designed and maintained
to separate uncontaminated storm water runoff from contaminated
water and to contain and treat contaminated storm water runoff.
(BB) "Public meeting" means a nonadversarial public hearing
at
which a person may present written or oral statements for the
director of agriculture's consideration and includes public
hearings held under section 6111.12 of the Revised Code.
(CC) "Review compliance certificate" means a certificate
issued
under section 903.04 of the Revised Code.
(DD) "Rule" means a rule adopted under section 903.10 of the
Revised Code.
(EE) "Small concentrated animal feeding operation" means an
animal feeding facility that is not a large or medium concentrated
animal feeding operation and that is designated by the director as
a small concentrated animal feeding operation pursuant to rules.
(FF) "Waters of the state" has the same meaning as in
section
6111.01 of the Revised Code.
Sec. 943.01. As used in sections 943.01 to 943.18 of the
Revised Code:
(A) "Animals" or "livestock" means horses, mules, and
other
equidae, cattle, sheep, and goats and other bovidae, swine
and
other suidae, alpacas, and llamas.
(B) "Dealer" or "broker" means any person found by the
department of agriculture buying, receiving, selling,
slaughtering, with the exception of those persons designated by
division (B)(1) of section 918.10 of the Revised Code,
exchanging,
negotiating, or soliciting the sale, resale, exchange, or
transfer
of any animals in an amount of more than two hundred
fifty head of
cattle, horses, or other equidae or five hundred
head of sheep,
goats, or other bovidae or swine and other suidae or alpacas or
llamas
during any one year. "Dealer" or "broker" does not mean any
of the
following:
(1) Any railroad or other carrier transporting animals
either
interstate or intrastate;
(2) Any person who by dispersal sale is permanently
discontinuing the business of farming, dairying, breeding,
raising, or feeding animals;
(3) Any person who sells livestock that has been raised
from
birth on the premises of such the person;
(4) Any person who buys or receives animals for grazing or
feeding purposes at a premises owned or controlled by such the
person
and sells or disposes of the animals after the minimum
grazing
or feeding period of thirty days;
(5) Any person who places livestock in facilities other
than
his the person's own pursuant to a written agreement for
feeding
or
finishing, provided that the person retains legal and equitable
title
to the livestock during the term of the agreement.
The exemptions set forth in divisions (B)(1) through to (5)
of this section are
exclusive of those activities requiring
licensure under this chapter, so that
a person shall be deemed to
be a dealer or broker or subject to divisions
(B)(1) through to
(5) of this section, but shall not be, or be subject to, both.
No
person who is a licensed dealer or broker and whose license is
suspended,
shall have livestock or animals exempted pursuant to
divisions (B)(1) to (5)
of this section.
(C) "Employee" means any person employed by a dealer or
broker to act in his the dealer's or broker's behalf to buy,
sell,
exchange, negotiate, or
solicit sale or resale of animals in the
dealer's or broker's
name.
Sec. 947.01. As used in this chapter:
(A) "Brand" means a distinctive design, mark of
identification, or number that is applied to the hide of
livestock
by a hot iron or other humane method approved by the
director of
agriculture and is currently registered under section
947.02 of
the Revised Code.
(B) "Livestock" means cattle, sheep, goats, and other
animals
of the family bovidae, swine and other animals of the
family
suidae, and horses, mules, burros, asses, and other
animals of the
family equidae, alpacas, and llamas.
(C) "Person" includes an individual, firm, association,
partnership, corporation, or other legal entity, and the state
and
any of its agencies, institutions, instrumentalities, or
political
subdivisions.
SECTION 2. That existing sections 901.41, 901.70, 903.01,
943.01, and 947.01 of the Revised Code are hereby repealed.
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