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Sub. H. B. No. 229 As Enrolled
(129th General Assembly)
(Substitute House Bill Number 229)
AN ACT
To amend sections 121.04, 121.09, 307.204, 505.266,
901.08, 901.43, 903.02, 907.11, 923.41, 923.52,
924.52, 941.02, 941.041, 941.14, 942.02, 943.03,
943.031, 943.04, 943.05, 943.16, 953.23, 955.35,
959.14, 1711.50, 1711.51, 1711.57, 3717.22, and
4707.11 and to enact sections 923.411 and
3769.0811 of the Revised Code to revise the laws
governing agriculture.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 121.04, 121.09, 307.204, 505.266,
901.08, 901.43, 903.02, 907.11, 923.41, 923.52, 924.52, 941.02,
941.041, 941.14, 942.02, 943.03, 943.031, 943.04, 943.05, 943.16,
953.23, 955.35, 959.14, 1711.50, 1711.51, 1711.57, 3717.22, and
4707.11 be amended and sections 923.411 and 3769.0811 of the
Revised Code be enacted to read as follows:
Sec. 121.04. Offices are created within the several
departments as follows:
In the department of commerce:
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Commissioner of securities; |
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Superintendent of real estate and professional licensing; |
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Superintendent of financial institutions; |
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State fire marshal; |
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Superintendent of labor; |
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Superintendent of liquor control; |
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Superintendent of unclaimed funds. |
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In the department of administrative services:
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State architect and engineer; |
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Equal employment opportunity coordinator. |
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In the department of agriculture:
Chiefs of divisions as follows:
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Administration; |
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Animal industry health; |
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Livestock environmental permitting; |
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Dairy; |
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Food safety; |
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Plant industry health; |
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Markets; |
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Meat inspection; |
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Consumer analytical protection laboratory; |
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Amusement ride safety; |
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Enforcement; |
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Weights and measures. |
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In the department of natural resources:
Chiefs of divisions as follows:
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Mineral resources management; |
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Forestry; |
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Natural areas and preserves; |
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Wildlife; |
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Geological survey; |
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Parks and recreation; |
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Watercraft; |
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Recycling and litter prevention; |
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Soil and water resources; |
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Engineering. |
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In the department of insurance:
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Deputy superintendent of insurance; |
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Assistant superintendent of insurance, technical; |
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Assistant superintendent of insurance, administrative; |
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Assistant superintendent of insurance, research. |
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Sec. 121.09. The director of agriculture shall be a person
actively identified with agriculture.
The chief of the division of animal industry health shall be
a graduate of a recognized college of veterinary medicine and
licensed to practice veterinary medicine and surgery in this
state.
Sec. 307.204. (A) As used in this section:
(1) "Concentrated animal feeding facility" and "major
concentrated animal feeding facility" have the same meanings as in
section 903.01 of the Revised Code.
(2) "Facility" means a proposed new or expanded major
concentrated animal feeding facility.
(3) "Improvement" means the construction, modification, or
both of county infrastructure.
(B) A person who proposes to do any of the following shall
provide written notification as required under division (C) of
this section to the board of county commissioners of the county in
which a facility is or is to be located:
(1) Establish a new major concentrated animal feeding
facility;
(2) Increase the design capacity of an existing major
concentrated animal feeding facility by ten per cent or more in
excess of the design capacity set forth in the current permit for
construction or modification of the facility or for installation
or modification of the disposal system for manure at the facility
issued under section 903.02 or division (J) of section 6111.03 of
the Revised Code, as applicable;
(3) Increase the design capacity of an existing concentrated
animal feeding facility by ten per cent or more in excess of the
design capacity set forth in the current permit for construction
or modification of the facility or for installation or
modification of the disposal system for manure at the facility
issued under section 903.02 or division (J) of section 6111.03 of
the Revised Code, as applicable, and to a design capacity of more
than ten times the number of animals specified in any of the
categories in division (H) of section 903.01 of the Revised Code.
(C) The person shall notify the board in writing by certified
mail of the proposed construction or expansion of the facility and
include the following information:
(1) The anticipated travel routes of motor vehicles to and
from the facility;
(2) The anticipated number and weights of motor vehicles
traveling to and from the facility.
(D) At the request of the board, the county engineer may
review the written notification and advise the board on both of
the following:
(1) Improvements and maintenance of improvements that are
reasonably needed in order to accommodate the impact on county
infrastructure that is anticipated as a result of the facility,
including increased travel or the types of vehicles on county
roads;
(2) The projected costs of the improvements and maintenance.
Not later than ten days after receiving the written
notification, the board may request the person to provide
additional reasonable and relevant information regarding the
impact of the facility on county infrastructure. The person shall
provide the information not later than ten days after the request
is made.
(E)(1) Not later than thirty days after the initial written
notification is received by the board, the board shall submit to
the person its recommendations, if any, concerning the
improvements that will be needed as a result of the facility and
the cost of those improvements.
(2) Not later than fifteen days after receipt of the board's
recommendations, the person shall notify the board either that the
person agrees with the recommendations and will implement them or
that the person is submitting reasonable alternative
recommendations or modifications to the board. If the person
agrees with the recommendations, they shall be considered to be
the board's final recommendations.
(3) If the board receives alternative recommendations or
modifications under division (E)(2) of this section, the board
shall select final recommendations and submit them to the person
not later than thirty days after the receipt of the alternative
recommendations or modifications.
(F)(1) The board shall prepare a written, dated statement
certifying that the written notification required under this
section was submitted and that final recommendations were selected
regarding needed improvements and the costs of those improvements.
The board shall provide the person with the original of the
statement so that the person can include it with the application
for a permit to install for the facility as required under
division (C)(4) of section 903.02 of the Revised Code. The board
shall retain a copy of the statement for its records.
(2) If the board fails to prepare a written, dated statement
in accordance with division (F)(1) of this section within
seventy-five days of receiving the initial written notification by
certified mail from the person, the person instead shall file with
the application for a permit to install for the facility a
notarized affidavit declaring that the person has met the criteria
established in this section and that a written, dated statement
was not received by the person from the board.
(G) The If the person receives a written, dated statement
from the board as provided in division (F)(1) of this section, the
person shall construct, modify, and maintain or finance the
construction, modification, and maintenance of improvements as
provided in the board's final recommendations and with the
approval and oversight of the county engineer. If the person fails
to do so, the board shall notify the person by certified mail that
the board intends to initiate mediation with the person if the
person remains out of compliance with the final recommendations.
The board shall allow sufficient time for the person to apply
for and proceed to obtain, for the purpose of financing the
construction, modification, or maintenance of the improvements,
exemptions from taxation under sections 5709.63, 5709.632,
5709.73, and 5709.78 of the Revised Code or state or federal
grants that may be available.
If the person remains out of compliance with the final
recommendations, the board may initiate mediation with the person
in order to resolve the differences between them. If mediation
fails to resolve the differences, the board and the person first
shall attempt to resolve the differences through any legal
remedies before seeking redress through a court of common pleas.
(H) If the person subsequently submits an application under
section 903.02 of the Revised Code for a permit to modify the
facility, or if the routes of travel to or from the facility
change for any reason other than road construction conducted by
the county, the board or the person may request that additional
information be provided in writing and shall proceed as provided
in this section for the notification and recommendation
proceedings.
Sec. 505.266. (A) As used in this section:
(1) "Concentrated animal feeding facility" and "major
concentrated animal feeding facility" have the same meanings as in
section 903.01 of the Revised Code.
(2) "Facility" means a proposed new or expanded major
concentrated animal feeding facility.
(3) "Improvement" means the construction, modification, or
both of township infrastructure.
(B) A person who proposes to do any of the following shall
provide written notification as required under division (C) of
this section to the board of township trustees of the township in
which a facility is or is to be located:
(1) Establish a new major concentrated animal feeding
facility;
(2) Increase the design capacity of an existing major
concentrated animal feeding facility by ten per cent or more in
excess of the design capacity set forth in the current permit for
construction or modification of the facility or for installation
or modification of the disposal system for manure at the facility
issued under section 903.02 or division (J) of section 6111.03 of
the Revised Code, as applicable;
(3) Increase the design capacity of an existing concentrated
animal feeding facility by ten per cent or more in excess of the
design capacity set forth in the current permit for construction
or modification of the facility or for installation or
modification of the disposal system for manure at the facility
issued under section 903.02 or division (J) of section 6111.03 of
the Revised Code, as applicable, and to a design capacity of more
than ten times the number of animals specified in any of the
categories in division (M) of section 903.01 of the Revised Code.
(C) The person shall notify the board in writing by certified
mail of the proposed construction or expansion of the facility and
include the following information:
(1) The anticipated travel routes of motor vehicles to and
from the facility;
(2) The anticipated number and weights of motor vehicles
traveling to and from the facility.
(D) At the request of the board, the county engineer may
review the written notification and advise the board on both of
the following:
(1) Improvements and maintenance of improvements that are
reasonably needed in order to accommodate the impact on township
infrastructure that is anticipated as a result of the facility,
including increased travel or the types of vehicles on township
roads;
(2) The projected costs of the improvements and maintenance.
Not later than ten days after receiving the written
notification, the board may request the person to provide
additional reasonable and relevant information regarding the
impact of the facility on township infrastructure. The person
shall provide the information not later than ten days after the
request is made.
(E)(1) Not later than thirty days after the initial written
notification is received by the board, the board shall submit to
the person its recommendations, if any, concerning the
improvements that will be needed as a result of the facility and
the cost of those improvements.
(2) Not later than fifteen days after receipt of the board's
recommendations, the person shall notify the board either that the
person agrees with the recommendations and will implement them or
that the person is submitting reasonable alternative
recommendations or modifications to the board. If the person
agrees with the recommendations, they shall be considered to be
the board's final recommendations.
(3) If the board receives alternative recommendations or
modifications under division (E)(2) of this section, the board
shall select final recommendations and submit them to the person
not later than thirty days after the receipt of the alternative
recommendations or modifications.
(F)(1) The board shall prepare a written, dated statement
certifying that the written notification required under this
section was submitted and that final recommendations were selected
regarding needed improvements and the costs of those improvements.
The board shall provide the person with the original of the
statement so that the person can include it with the application
for a permit to install for the facility as required under
division (C)(4)(5) of section 903.02 of the Revised Code. The
board shall retain a copy of the statement for its records.
(2) If the board fails to prepare a written, dated statement
in accordance with division (F)(1) of this section within
seventy-five days of receiving the initial written notification by
certified mail from the person, the person instead shall file with
the application for a permit to install for the facility a
notarized affidavit declaring that the person has met the criteria
established in this section and that a written, dated statement
was not received by the person from the board.
(G) The If the person receives a written, dated statement
from the board as provided in division (F)(1) of this section, the
person shall construct, modify, and maintain or finance the
construction, modification, and maintenance of improvements as
provided in the board's final recommendations and with the
approval and oversight of the county engineer. If the person fails
to do so, the board shall notify the person by certified mail that
the board intends to initiate mediation with the person if the
person remains out of compliance with the final recommendations.
The board shall allow sufficient time for the person to apply
for and proceed to obtain, for the purpose of financing the
construction, modification, or maintenance of the improvements,
exemptions from taxation under sections 5709.63, 5709.632,
5709.73, and 5709.78 of the Revised Code or state or federal
grants that may be available.
If the person remains out of compliance with the final
recommendations, the board may initiate mediation with the person
in order to resolve the differences between them. If mediation
fails to resolve the differences, the board and the person first
shall attempt to resolve the differences through any legal
remedies before seeking redress through a court of common pleas.
(H) If the person subsequently submits an application under
section 903.02 of the Revised Code for a permit to modify the
facility, or if the routes of travel to or from the facility
change for any reason other than road construction conducted by
the township, the board or the person may request that additional
information be provided in writing and shall proceed as provided
in this section for the notification and recommendation
proceedings.
Sec. 901.08. The director of agriculture shall appoint a
chief of the division of administration, a chief of the division
of animal industry health, a chief of the division of livestock
environmental permitting, a chief of the division of dairy, a
chief of the division of food safety, a chief of the division of
markets, a chief of the division of plant industry health, a chief
of the division of weights and measures, a chief of the division
of meat inspection, a chief of the division of consumer
analytical
protection laboratory, a chief of the division of enforcement, and
a chief of the division of amusement ride safety.
Sec. 901.43. (A) The director of agriculture may authorize
any department of agriculture laboratory to perform a laboratory
service for any person, organization, political subdivision, state
agency, federal agency, or other entity, whether public or
private. The director shall adopt and enforce rules to provide for
the rendering of a laboratory service.
(B) The director may charge a reasonable fee for the
performance of a laboratory service, except when the service is
performed on an official sample taken by the director acting
pursuant to Title IX, Chapter 3715., or Chapter 3717. of the
Revised Code; by a board of health acting as the licensor of
retail food establishments or food service operations under
Chapter 3717. of the Revised Code; or by the director of health
acting as the licensor of food service operations under Chapter
3717. of the Revised Code. The director of agriculture shall adopt
rules specifying what constitutes an official sample.
The director shall publish a list of laboratory services
offered, together with the fee for each service.
(C) The director may enter into a contract with any person,
organization, political subdivision, state agency, federal agency,
or other entity for the provision of a laboratory service.
(D)(1) The director may adopt rules establishing standards
for accreditation of laboratories and laboratory services and in
doing so may adopt by reference existing or recognized standards
or practices.
(2) The director may inspect and accredit laboratories and
laboratory services, and may charge a reasonable fee for the
inspections and accreditation.
(E)(1) There is hereby created in the state treasury the
animal and consumer analytical protection laboratory fund. Moneys
from the following sources shall be deposited into the state
treasury to the credit of the fund: all moneys collected by the
director under this section that are from fees generated by a
laboratory service performed by the department and related to the
diseases of animals, all moneys so collected that are from fees
generated for the inspection and accreditation of laboratories and
laboratory services related to the diseases of animals, all moneys
collected by the director under this section that are from fees
generated by a laboratory service performed by the consumer
analytical protection laboratory, all moneys so collected that are
from fees generated for the inspection and accreditation of
laboratories and laboratory services not related to weights and
measures, and all moneys collected under Chapters 942., 943., and
953. of the Revised Code. The director may use the moneys held in
the fund to pay the expenses necessary to operate the animal
industry laboratory and the consumer analytical protection
laboratory, including the purchase of supplies and equipment.
(2) All moneys collected by the director under this section
that are from fees generated by a laboratory service performed by
the weights and measures laboratory, and all moneys so collected
that are from fees generated for the inspection and accreditation
of laboratories and laboratory services related to weights and
measures, shall be deposited in the state treasury to the credit
of the weights and measures laboratory fund, which is hereby
created in the state treasury. The moneys held in the fund may be
used to pay the expenses necessary to operate the division of
weights and measures, including the purchase of supplies and
equipment.
Sec. 903.02. (A)(1) Not later than one hundred eighty days
after March 15, 2001, the director of agriculture shall prepare a
program for the issuance of permits to install under this section.
(2) On and after the date on which the director has finalized
the program required under division (A)(1) of this section, no
person shall modify an existing or construct a new concentrated
animal feeding facility without first obtaining a permit to
install issued by the director under this section.
(B) The director or the director's authorized representative
may help an applicant for a permit to install during the
permitting process by providing guidance and technical assistance.
(C) An applicant for a permit to install shall submit an
application to the director on a form that the director prescribes
and provides together with a fee in an amount established by rule.
The applicant shall include with the application all of the
following information:
(1) The name and address of the applicant, of all partners if
the applicant is a partnership, of all members if the applicant is
a limited liability company, or of all officers and directors if
the applicant is a corporation, and of any other person who has a
right to control or in fact controls management of the applicant
or the selection of officers, directors, or managers of the
applicant. As used in division (C)(1) of this section, "control"
means the power, directly or indirectly, to direct the management
and policies of the applicant through the ownership of voting
securities, by contract, through a right of approval or
disapproval, or otherwise unless the power is held by a chartered
lending institution as a result of debt liability.
(2) The type of livestock and the number of animals that the
concentrated animal feeding facility would have the design
capacity to raise or maintain;
(3) Designs and plans for the proposed construction of the
concentrated animal feeding facility that include the proposed
location of the construction, design and construction plans and
specifications, anticipated beginning and ending dates for work
performed, and any other information that the director requires by
rule;
(4) In the case of an application for a concentrated animal
feeding facility that meets the criteria established in sections
section 307.204 and 505.266 of the Revised Code, one of the
following, as applicable:
(a) A written statements statement from the board of county
commissioners of the county and the board of township trustees of
the township in which the concentrated animal feeding facility
would be located certifying that, in accordance with those
sections that section, the applicant has provided the boards board
with the required written notification and that final
recommendations were selected regarding improvements, if any, to
county or township infrastructure that are needed as a result of
the new or expanded concentrated animal feeding facility and the
costs of those improvements;
(5)(b) A notarized affidavit declaring that the applicant has
met the criteria established in section 307.204 of the Revised
Code and that a written, dated statement from the board of county
commissioners was not received by the applicant under that
section.
(5) In the case of an application for a concentrated animal
feeding facility that meets the criteria established in section
505.266 of the Revised Code, one of the following, as applicable:
(a) A written statement from the board of township trustees
of the township in which the concentrated animal feeding facility
would be located certifying that, in accordance with that section,
the applicant has provided the board with the required written
notification and that final recommendations were selected
regarding improvements, if any, to township infrastructure that
are needed as a result of the new or expanded concentrated animal
feeding facility and the costs of those improvements;
(b) A notarized affidavit declaring that the applicant has
met the criteria established in section 505.266 of the Revised
Code and that a written, dated statement from the board of
township trustees was not received by the applicant under that
section.
(6) A statement of the quantity of water that the
concentrated animal feeding facility will utilize on an average
daily and annual basis, a detailed description of the basis for
the calculation utilized in determining the quantity of water
utilized, and a statement identifying the source for the water;
(6)(7) Information concerning the applicant's past compliance
with laws pertaining to environmental protection that is required
to be provided under section 903.05 of the Revised Code, if
applicable;
(7)(8) Any other information required by rule.
Information required to be included in an application for the
modification of a permit to install, together with the applicable
fee amount, shall be established in rules.
(D) The director shall issue permits to install in accordance
with section 903.09 of the Revised Code. The director shall deny a
permit to install if either of the following applies:
(1) The permit application contains misleading or false
information.
(2) The designs and plans fail to conform to best management
practices.
Additional grounds for the denial of a permit to install
shall be those established in this chapter and rules.
(E) A permit to install shall expire after a period specified
by the director unless the applicant has undertaken a continuing
program of construction or has entered into a binding contractual
obligation to undertake and complete a continuing program of
construction within a reasonable time. The director may extend the
expiration date of a permit to install upon request of the
applicant.
(F) The director may modify, suspend, or revoke a permit to
install in accordance with rules.
(G) Nothing in this chapter affects section 1521.16 of the
Revised Code.
(H) The owner or operator of a concentrated animal feeding
facility who proposes to make a major operational change at the
facility shall submit an application for approval of the change to
the director in accordance with rules.
Sec. 907.11. The director of agriculture or his the
director's authorized agent may:
(A) Enter any public or private place of business during
regular business hours in order to gain access to any seed or
records subject to sections 907.01 to 907.17 of the Revised Code
or the rules and regulations adopted thereunder;
(B) In conformity with sections 907.01 to 907.17 of the
Revised Code and the rules and regulations adopted thereunder,
take samples of the seed or make copies of the records of anyone
who sells seed;
(C) Issue a written or printed stop-sale order to the owner
or custodian of any lot of seed, requiring it to be held at a
designated place if found to be in violation of sections 907.01 to
907.17 of the Revised Code or any rules adopted thereunder. The
seed shall be held until a release is issued in writing by the
director or his the director's authorized agent. A release shall
not be issued until sections 907.01 to 907.17 of the Revised Code
and the rules and regulations adopted thereunder have been
complied with. The owner or custodian may appeal the stop-sale
order in accordance with Chapter 119. of the Revised Code.
Sec. 923.41. As used in sections 923.41 to 923.55 of the
Revised Code:
(A) "Director" means the director of agriculture.
(B) "Animal" means any animate being, other than man a human.
(C)(B) "Commercial feed" or "feed" means all materials,
except unmixed whole seeds or physically altered entire unmixed
seeds, that are not adulterated and that are distributed for use
as feed or for mixing in feed for animals. The director, by rule,
may exempt from these definitions or from specific provisions of
sections 923.42 to 923.55 of the Revised Code agricultural
commodities including, but not limited to, hay, straw, stover,
silage, cobs, husks, and hulls when such commodities are not mixed
with other materials, and individual chemical compounds or
substances, when those commodities, compounds, or substances are
not intermixed or mixed with other materials. "Commercial feed" or
"feed" does not include drugs that are not incorporated into feed
and that are not distributed to be mixed in feed. "Commercial
feed" and "feed" also does not include negligible amounts of feed
ingredients added to a drug solely for the purpose of facilitating
administration of the drug to an animal.
(D)(C) "Feed ingredient" means each of the constituent
materials used to make a commercial feed.
(E)(D) "Customer-formula feed" means a commercial feed that
consists of a mixture of commercial feeds, feed ingredients, or
both, each batch of which is manufactured according to the
specific instructions of the final purchaser.
(F)(E) "Mineral feed" means a commercial feed intended to
supply primarily mineral elements or inorganic nutrients.
(G)(F) "Drug" means any article intended for use in the
diagnosis, cure, mitigation, treatment, or prevention of
infectious disease in animals or any article other than feed
intended to affect the structure or any function of the animal's
body.
(H)(G) "Brand name" means any word, name, symbol, or device,
or any combination thereof identifying the commercial feed of a
distributor and distinguishing it from that of others.
(I)(H) "Product name" means the name of the commercial feed
which identifies it as to kind, class, or specific use.
(J)(I) "Federal act" means the "Federal Food, Drug and
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C. 301, as amended.
(K)(J) "Official sample" means a sample of commercial feed
taken by the director of agriculture or his the director's agent
in accordance with the provisions of section 923.47 of the Revised
Code and rules adopted under that section.
(L)(K) "Ton" means a net weight of two thousand pounds
avoirdupois.
(M)(L) "Per cent" or "percentage" means the percentage by
weight.
(N)(M) "Manufacture" means to grind, mix, blend, or further
process a commercial feed for distribution. A "manufacturer
Manufacturer" means any person who manufactures.
(O)(N) "Person" includes an individual, partnership,
association, firm, or corporation.
(P)(O) "Distribute" means to offer for sale, sell, exchange,
or barter commercial feed or to supply, furnish, or otherwise
provide commercial feed for animals.
(Q)(P) "Distributor" means any person who distributes.
(R)(Q) "Label" means a display of written, printed, or
graphic matter on or affixed to the container in which a
commercial feed is distributed or on the invoice, delivery slip,
or other shipping document with which a commercial feed is
distributed.
(S)(R) "Labeling" means all labels or any other written,
printed, or graphic matter that accompanies commercial feed.
(T)(S) "Exempt buyer" means a person to whom commercial feed
is distributed who is required by rule under division (A)(2) of
section 923.44 of the Revised Code to pay the semiannual
inspection fee required under that section.
(U)(T) "Misbranded" has the same meaning as in section 923.49
of the Revised Code.
(V)(U) "Adulterated" has the same meaning as in section
923.48 of the Revised Code.
Sec. 923.411. The director of agriculture may adopt rules in
accordance with Chapter 119. of the Revised Code to exempt both of
the following from sections 923.41 to 923.55 of the Revised Code:
(A) Agricultural commodities, including hay, straw, stover,
silage, cobs, husks, and hulls, when those commodities are not
mixed with other materials;
(B) Individual chemical compounds or substances when those
compounds or substances are not mixed with other materials.
Sec. 923.52. The director of agriculture may issue and
enforce a written withdrawal from distribution order to the
manufacturer or distributor of any lot of commercial feed
requiring it to be held at a designated place when the director
has reasonable cause to believe that the commercial feed is
offered or exposed for distribution or distributed in violation of
any of the provisions of sections 923.41 to 923.55 of the Revised
Code or any rule adopted under those sections. The commercial feed
shall be held until a release in writing is issued by the
director. A release shall not be issued until sections 923.41 to
923.55 of the Revised Code and the rules adopted under those
sections are complied with and until all costs and expenses
incurred in connection with the violation have been paid by the
manufacturer or distributor. If compliance is not obtained within
thirty days of receipt of the withdrawal from distribution order,
the director may begin, and shall begin upon request by the
manufacturer or distributor, proceedings for condemnation under
section 923.53 of the Revised Code.
The manufacturer or distributor may appeal the withdrawal
from distribution order in accordance with Chapter 119. of the
Revised Code.
Sec. 924.52. (A) The Ohio grape industries committee may:
(1) Conduct, and contract with others to conduct, research,
including the study, analysis, dissemination, and accumulation of
information obtained from the research or elsewhere, concerning
the marketing and distribution of grapes and grape products, the
storage, refrigeration, processing, and transportation of them,
and the production and product development of grapes and grape
products. The committee shall expend for these activities no less
than thirty per cent and no more than seventy per cent of all
money it receives from the Ohio grape industries fund created
under section 924.54 of the Revised Code.
(2) Provide the wholesale and retail trade with information
relative to proper methods of handling and selling grapes and
grape products;
(3) Make or contract for market surveys and analyses,
undertake any other similar activities that it determines are
appropriate for the maintenance and expansion of present markets
and the creation of new and larger markets for grapes and grape
products, and make, in the name of the committee, contracts to
render service in formulating and conducting plans and programs
and such other contracts or agreements as the committee considers
necessary for the promotion of the sale of grapes and grape
products. The committee shall expend for these activities no less
than thirty per cent and no more than seventy per cent of all
money it receives from the fund.
(4) Publish and distribute to producers and others
information relating to the grape and grape product industries;
(5) Propose to the director of agriculture for adoption,
rescission, or amendment, pursuant to Chapter 119. of the Revised
Code, rules necessary for the exercise of its powers and the
performance of its duties;
(6) Advertise for, post notices seeking, or otherwise solicit
applicants to serve in administrative positions in the department
of agriculture as employees who support the administrative
functions of the committee. Applications shall be submitted to the
committee. The committee shall select applicants that it wishes to
recommend for employment and shall submit a list of the
recommended applicants to the director.
(7) For the purpose of promoting the grape industry, provide
to producers and persons that grow grapes in this state grape
plants, grape vines, equipment, and material to assist in the
production of grapes and grape products.
(B) The committee shall:
(1) Promote the sale of grapes and grape products for the
purpose of maintaining and expanding present markets and creating
new and larger intrastate, interstate, and foreign markets for
grapes and grape products, and inform the public of the uses and
benefits of grapes and grape products;
(2) Perform all acts and exercise all powers incidental to,
in connection with, or considered reasonably necessary, proper, or
advisable to effectuate the purposes of this section.
Sec. 941.02. (A) The chief of the division of animal
industry health, appointed by the director of agriculture under
sections 121.04 and 121.05 of the Revised Code, shall be a
veterinarian accredited and licensed to practice in this state.
(B) The chief shall promote and protect the livestock,
poultry, and other animal interests of the state, prevent the
spread of dangerously contagious or infectious disease, provide
for the control and eradication of such disease, and cooperate
with the United States department of agriculture in such work.
Sec. 941.041. No person shall do any of the following:
(A) Fail to stop his the person's vehicle or conveyance when
directed to do so in accordance with section 941.04 of the Revised
Code;
(B) Import, carry, transport, or bring an animal into this
state unaccompanied by a certificate of veterinary inspection,
animal health certificate, waybill, yarding receipt, sale ticket,
or other document required by this chapter and rules adopted under
it;
(C) Fail to present any document identified in division (B)
of this section when requested to do so by the director of
agriculture or his the director's authorized representative;
(D) Fail to permit the director or his the director's
authorized representative to inspect any vehicle or means of
conveyance in accordance with section 941.04 of the Revised Code;
(E) Violate the seal placed on the vehicle or means of
conveyance by the director or his the director's authorized
representative;
(F) Violate or fail to comply with the terms of the permit
issued under division (C) of section 941.01 941.07 of the Revised
Code.
Sec. 941.14. (A) The owner shall burn the body of an animal
that has died of, or been destroyed because of, a dangerously
infectious or contagious disease, bury it not less than four feet
under the surface of the ground, dissolve it by alkaline
hydrolysis, remove it in a watertight tank to a rendering
establishment, or otherwise dispose of it in accordance with
section 953.26 or 1511.022 of the Revised Code within twenty-four
hours after knowledge thereof or after notice in writing from the
department of agriculture.
(B) The owner of premises that contain a dead animal shall
burn the body of the animal, bury it not less than four feet
beneath the surface of the ground, dissolve it by alkaline
hydrolysis, remove it in a watertight tank to a rendering
establishment, or otherwise dispose of it in accordance with
section 953.26 or 1511.022 of the Revised Code within a reasonable
time after knowledge thereof or after notice in writing from the
department or from the township trustees of the township in which
his the owner's premises are located.
(C) Notwithstanding division (A) or (B) of this section, the
director of agriculture, in written notice sent to the owner of a
dead animal, may require the owner to employ a specific method of
disposition of the body, including burning, burying, rendering, or
composting, or alkaline hydrolysis, when that method does not
conflict with any law or rule governing the disposal of infectious
wastes and, in the director's judgment, is necessary for purposes
of animal disease control. No person shall fail to employ the
method of disposition required under this division.
(D) The director, in written notice sent to the owner of a
dead animal, may prohibit the owner from transporting the body of
the dead animal on any street or highway if that prohibition does
not conflict with any law or rule governing the transportation of
infectious wastes and, in the director's judgment, is necessary
for purposes of animal disease control. No person shall fail to
comply with a prohibition issued under this division.
(E) As used in this section, "infectious wastes" has the same
meaning as in section 3734.01 of the Revised Code, and "street" or
"highway" has the same meaning as in section 4511.01 of the
Revised Code.
Sec. 942.02. (A) No person shall feed on the person's
premises, or permit the feeding of, treated garbage to swine
without a license to do so issued by the department of
agriculture.
(B) An application for a license to feed treated garbage
shall be made in writing on a form prescribed by the director of
agriculture.
(C) A license shall be renewed before the thirty-first day of
December of each year, and an application for renewal shall be
filed before the thirtieth day of November of each year.
(D) The fee for the license shall be one hundred dollars per
annum. A late fee of fifty dollars shall be paid for each
application that is received after the thirtieth day of November
each year.
(E) All money collected under this section shall be credited
to the animal and consumer analytical protection laboratory fund
created in section 901.43 of the Revised Code.
Sec. 943.03. (A)(1) Application for a license as a dealer or
broker shall be made in writing to the department of agriculture.
The application shall state the nature of the business, the
municipal corporation, township, and county, and the post-office
address of the location where the business is to be conducted, the
name of any employee authorized to act in his the dealer's or
broker's behalf, and such additional information as the department
prescribes.
The applicant shall satisfy the department of his the
applicant's character and good faith in seeking to engage in such
business. The department shall issue to the applicant a license to
conduct the business of a dealer or broker at the place named in
the application. Licenses, unless revoked, shall expire annually
on the thirty-first day of March and shall be renewed according to
the standard renewal procedure of sections 4745.01 to 4745.03 of
the Revised Code.
(2) No license shall be issued by the department to a dealer
or broker having weighing facilities until the applicant has filed
with the department a copy of a scale test certificate showing the
weighing facilities to be in satisfactory condition, a copy of the
license of each weigher employed by the applicant, and a
certificate of inspection by the department showing livestock
market facilities to be in satisfactory sanitary condition.
No (3) Except as provided in division (A)(4) of this section,
no license shall be issued by the department until the applicant
has furnished proof of financial responsibility. Except as
provided in division (C) of this section, such proof may be in the
following forms:
(1)(a) A bond of a surety company authorized to do business
in this state in the form prescribed by and to the satisfaction of
the department, conditioned for the payment of a judgment against
the applicant furnishing the bond and arising out of the failure
of such dealer or broker to pay for the livestock purchased for
his the dealer's or broker's own or for the accounts of others or
to pay when due to the person entitled thereto the gross amount,
less lawful charges, for which all of the livestock is sold. The
amount of bond required, the termination of the bond, and the
limitation on filing claims against the dealer or broker or their
surety shall be the same as prescribed in division (B) of this
section.
(2)(b) A deposit with a trustee acceptable to the department
of the required amount in money or negotiable bonds of the United
States or of this state or of a political subdivision of this
state of that par or face value, or any combination thereof, for
the purpose of securing the payment of a judgment against the
dealer or broker furnishing the deposit and arising out of the
failure of the dealer or broker to pay for the livestock purchased
for his the dealer's or broker's own or for the accounts of
others, or to pay when due to the person entitled thereto the
gross amount, less lawful charges, for which all of the livestock
is sold. The deposit shall be made under a deposit agreement
acceptable to the department. The deposit is not subject to
attachment for any other claim or levy of execution upon a
judgment based on any other claims.
(4) An applicant for a license as a dealer or broker of
poultry is not required to maintain financial responsibility or
furnish proof of financial responsibility.
(B) Any person damaged by failure of a dealer or broker to
pay for the livestock purchased for his the dealer's or broker's
or for the accounts of others or to pay when due to the person
entitled thereto the gross amount, less lawful charges, for which
all of the livestock is sold may maintain an action against the
broker or dealer and the sureties on the bonds, or the trustee,
provided for in this section. The aggregate liability of the
sureties or trustee for all such damage shall not exceed the
amount of the bond or deposit.
Unless the person damaged files his a claim with the dealer
or broker and the sureties or trustee within sixty days from the
date of the transaction on which the claim is based, he the person
shall be barred from maintaining an action on the bond or for the
application of the deposit. Upon the filing of a claim, the
claimant shall notify the department of his that action.
The amount of the bond or deposit shall not be less than the
nearest multiple of one thousand dollars above the average daily
value of livestock sold by the dealer or broker for the accounts
of others and livestock purchased by the dealer or broker for his
the dealer's or broker's or for the accounts of others on his the
dealer's or broker's ten largest business days during the
preceding twelve months or such part thereof as the dealer or
broker was purchasing, selling, or exchanging livestock. In no
case shall the amount of the bond or deposit total less than ten
thousand dollars.
Whenever the amount of bond or deposit calculated as above
specified exceeds fifty thousand dollars, the amount of the bond
shall be fifty thousand dollars plus ten per cent of the valuation
in excess of fifty thousand dollars.
In no case shall the bond or deposit covering the business of
the dealer or broker be less than the amount specified above or
such higher amount as may be specified by the "Packer and
Stockyards Act of 1921," 42 Stat. 159, 7 U.S.C.A. 181, as amended.
Whenever in the judgment of the department the business
volume of the licensee is such as to render the bond or deposit
inadequate, the amount of the bond or deposit shall be adjusted,
upon thirty days' notice, to meet sections 943.01 to 943.18 of the
Revised Code and rules adopted under them. All of the bonds or
deposit agreements shall contain a provision requiring that at
least thirty days' prior notice in writing be given to the
department and the packers and stockyards administration of the
United States department of agriculture by the party terminating
the bonds or deposit agreements in order to effect termination,
except that a bond may be terminated as of the effective date of a
replacement bond.
The termination of a bond shall not release the parties from
any liability arising out of facts or transactions occurring prior
to the termination date.
The termination of a deposit agreement shall neither release
the party furnishing the deposit from any liability arising out of
acts or transactions occurring prior to the termination date, nor
shall the trustee permit the withdrawal of the deposit until after
sixty days after the termination date, and then only if no claims
under the agreement have been filed with the trustee. If any
claims have been filed with the trustee, the withdrawal of the
deposit shall not be permitted until the claims have been
satisfied or released and evidence of the satisfaction or release
filed with the trustee.
(C) If approved by the director of agriculture, in lieu of
the bond or deposit required in division (A)(3) of this section, a
broker or dealer subject to the "Packers and Stockyards Act of
1921," 42 Stat. 159, 7 U.S.C.A. 181, as amended, may furnish proof
in a manner and form acceptable to the director that he the broker
or dealer has an irrevocable letter of credit on file with the
packers and stockyards administration under regulations adopted by
the packers and stockyards administration in 9 C.F.R. 201.35, as
amended.
(D) No licensed livestock dealer or broker shall employ as an
employee a person who, as a dealer or broker, previously defaulted
on contracts pertaining to the purchase, exchange, or sale of
livestock until the licensee does all both of the following:
(1) Appears at a hearing before the director or his designee
conducted in accordance with Chapter 119. of the Revised Code
pertaining to that person;
(2) Increases the value of his the dealer's or broker's bond,
deposit, or letter of credit, in addition to the amount of any
other bond, deposit, or letter of credit required by this section,
by an amount equal to that owed by such person for the purchase,
exchange, or sale of livestock prior to being employed by the
licensee;
(3)(2) Signs and files with the director an agreement that
guarantees, without condition, all contracts pertaining to the
purchase, exchange, or sale of livestock made by such person while
in the employ of the licensee. The agreement shall be in addition
to any other proof of financial responsibility required by this
section. The director shall prescribe the form and content of the
agreement.
(E) No licensed livestock dealer or broker shall employ a
person whose dealer's or broker's license was revoked or is
suspended.
Sec. 943.031. (A) Application for a license as a small
dealer shall be made in writing to the department of agriculture.
The application shall state the nature of the business, the
municipal corporation or township, county, and post-office address
of the location where the business is to be conducted, the name of
any employee who is authorized to act in the small dealer's
behalf, and any additional information that the department
prescribes.
(B) The applicant shall satisfy the department of the
applicant's character and good faith in seeking to engage in the
business of a small dealer. The department then shall issue to the
applicant a license to conduct the business of a small dealer at
the place named in the application. Licenses, unless revoked,
shall expire annually on the thirty-first day of March and shall
be renewed according to the standard renewal procedure established
in sections 4745.01 to 4745.03 of the Revised Code.
(C) No license shall be issued by the department to a small
dealer having weighing facilities until the applicant has filed
with the department a copy of a scale test certificate showing the
weighing facilities to be in satisfactory condition, a copy of the
license of each weigher employed by the applicant, and a
certificate of inspection by the department showing livestock
market facilities to be in satisfactory sanitary condition.
(D) No licensed small dealer shall employ as an employee a
person who, as a small dealer, dealer, or broker, previously
defaulted on contracts pertaining to the purchase, exchange, or
sale of livestock until the licensee does both of the following:
(1) Appears at a hearing before the director of agriculture
or the director's designee conducted in accordance with Chapter
119. of the Revised Code pertaining to that person;
(2) Signs signs and files with the director an agreement that
guarantees, without condition, all contracts pertaining to the
purchase, exchange, or sale of livestock made by the person while
in the employ of the licensee. The director shall prescribe the
form and content of the agreement.
(E) A licensed small dealer is not required to maintain
financial responsibility or furnish proof of financial
responsibility.
Sec. 943.04. (A) Fees for the initial issuance of any license
issued pursuant to sections 943.02, 943.03, and 943.031 of the
Revised Code, shall be paid to the department of agriculture.
(B) All annual renewal fees for the licenses shall be paid by
the applicant for the renewal of a license on or before the
thirty-first day of March of each year to the treasurer of state.
Except for license fees for small dealers, the fees shall be based
on the number of head of livestock purchased, sold, or exchanged,
in this state, whichever is the greatest, during the preceding
calendar year. Those fees for dealers or brokers shall be as
follows:
Less than 1,000 head .......... $50.00 per annum;
For 1,001 to 10,000 head .......... $125.00 per annum;
For more than 10,000 head .......... $250.00 per annum.
In the event a dealer or broker operates more than one place
where livestock is purchased, sold, or exchanged, a fee shall be
paid for each place, but only the original purchase, sale, or
exchange shall be counted in computing the amount of the fee to be
paid for each place operated by the dealer or broker. Shipment
between yards owned or operated by the dealer or broker shall be
exempt.
A late fee of one hundred dollars shall be paid for each
dealer or broker license renewal application that is received
after the thirty-first day of March each year.
(C)(1) A fee of twenty-five dollars shall be paid by each
small dealer.
If a small dealer operates more than one place where
livestock is purchased, sold, or exchanged, a fee shall be paid
for each place, but only the original purchase, sale, or exchange
shall be counted in computing the amount of fee to be paid for
each place operated by the small dealer. Shipment between yards
owned or operated by the small dealer shall be exempt.
(2) A late fee of twenty-five dollars shall be paid for each
small dealer license renewal application that is received after
the thirty-first day of March each year.
(D) A fee of twenty dollars shall be paid by each employee
that is appointed by a small dealer, dealer, or broker as provided
in section 943.02 of the Revised Code.
(E) A fee of ten dollars shall be paid by each licensed
weigher.
(F) All money collected under section 943.03 of the Revised
Code and under this section shall be credited to the animal and
consumer analytical protection laboratory fund created in section
901.43 of the Revised Code.
Sec. 943.05. (A) The director of agriculture may refuse to
grant or may suspend a small dealer's, dealer's, or broker's
license, without prior hearing, after determining from evidence
presented to the director that there is reasonable cause to
believe any of the following situations exist:
(1) Where the applicant or licensee or an employee has
violated the laws of the state or official regulations governing
the interstate or intrastate movement, shipment, or transportation
of animals, or has been convicted of a crime involving moral
turpitude or convicted of a felony;
(2) Where there have been false or misleading statements as
to the health or physical condition of the animals with regard to
official tests or quantity of animals, or the practice of fraud or
misrepresentation in connection therewith or in the buying or
receiving of animals or receiving, selling, exchanging,
soliciting, or negotiating the sale, resale, exchange, weighing,
or shipment of animals;
(3) Where the applicant or licensee acts as a small dealer,
dealer, or broker for a person attempting to conduct business in
violation of section 943.02 of the Revised Code, after the notice
of the violation has been given to the licensee by the department
of agriculture;
(4) Where the applicant or licensee or employee fails to
practice measures of sanitation, disinfection, and inspection as
required by sections 943.01 to 943.18 of the Revised Code, or
prescribed by the department, of premises or vehicles used for the
yarding, holding, or transporting of animals;
(5) Where there has been a failure to keep records required
by the department or where there is a refusal on the part of the
applicant or licensee or employee to produce records of
transactions in the carrying on of the business for which the
license is granted;
(6) Where the applicant or licensee providing weighing
facilities used for, in connection with, or incident to the
purchase or sale of livestock for the account of the licensee or
others, fails to maintain and operate the weighing facilities in
accordance with sections 943.08 and 943.10 of the Revised Code;
(7) Where the applicant or licensee in the conduct of the
business covered by the license fails to maintain and operate
weighing facilities in accordance with sections 943.08 and 943.10
of the Revised Code or fails to cause its livestock to be weighed
by licensed weighers as provided in those sections;
(8) With regard to a dealer or broker licensee, where the
licensee fails to maintain a bond or deposit, or letter of credit,
if applicable, or fails to adjust the bond or deposit upon thirty
days' notice or refuses or neglects to pay the fees or inspection
charges required to be paid;
(9) Where the licensee has been suspended by order of the
secretary of agriculture of the United States department of
agriculture under provisions of the "Packers and Stockyards Act of
1921," 42 Stat. 159, 7 U.S.C.A. 181, as amended;
(10) With regard to a dealer or broker licensee, where the
surety company, trustee, or issuer of a letter of credit of the
licensee issues a notice of termination of the licensee's bond
agreement, deposit agreement, or letter of credit;
(11) Where the applicant has had a small dealer's, dealer's,
or broker's license revoked or has had a small dealer's, dealer's,
or broker's license suspended two or more times in the previous
five years.
(B) When the director refuses to grant or suspends a small
dealer's, dealer's, or broker's license, the director or the
director's designee may hand deliver the order. The licensee to
whom a suspension order is issued shall be afforded a hearing in
accordance with Chapter 119. of the Revised Code, after which the
director shall reinstate, revoke, or suspend for a longer or
indefinite period the suspended license.
Sec. 943.16. All fines imposed and collected under section
943.99 of the Revised Code shall be credited to the animal and
consumer analytical protection laboratory fund created in section
901.43 of the Revised Code.
Sec. 953.23. (A) Application for a license shall be made to
the department of agriculture on a form prescribed by the
department.
(B) Each application shall include all of the following:
(1) The name and address of the applicant;
(2) The applicant's proposed place of business;
(3) A detailed statement of the method that the applicant
intends to use to dispose of, pick up, render, or collect raw
rendering material or to transport it to a composting facility;
(4) Such other relevant information as the department may
require.
(C) Each applicant shall submit the annual license fee with
the application.
(1) The license fee for a person applying for an annual
license to pick up or collect raw rendering material and dispose
of the material to a licensee or in accordance with divisions (B)
and (C) of section 953.26 of the Revised Code, or to transport raw
rendering material to a composting facility, is twenty-five
dollars per conveyance that is used to pick up or collect and
dispose of or to transport raw rendering material. A late fee of
ten dollars per conveyance shall be charged for each application
that is received after the thirtieth day of November each year.
(2) The license fee for a person applying for an annual
license to pick up or collect raw rendering material and to
operate one or more rendering plants is three hundred dollars for
each such plant. A late fee of one hundred dollars shall be
charged for each application that is received after the thirtieth
day of November each year.
(D) On receipt of an application and fee, under this section,
the department shall inspect the means of conveyance and premises
that the applicant proposes to use to dispose of, collect, pick
up, or render raw rendering material or to transport it to a
composting facility for profit.
(E) If the department finds that the applicant's means of
conveyance, premises, and operation meet the requirements of this
chapter and rules adopted thereunder, the department shall issue a
license to the applicant to dispose of, pick up, render, or
collect for profit raw rendering material or to transport it to a
composting facility for profit.
(F) Each license issued under this section shall expire on
the thirty-first day of December of each year. Each person
licensed under this section shall make application for renewal of
the person's license no later than the thirtieth day of November
of each year.
(G) Application for renewal shall be in accordance with the
requirements of this section for initial application for a license
and the standard renewal procedure of sections 4745.01 to 4745.03
of the Revised Code.
(H) All money collected under this section shall be credited
to the animal and consumer analytical protection laboratory fund
created in section 901.43 of the Revised Code.
Sec. 955.35. The board of county commissioners, at the next
regular meeting after claims in accordance with section 955.29 of
the Revised Code have been submitted, shall examine the same and
may hear additional testimony or receive additional affidavits in
regard thereto and may allow the amount previously certified by
the dog warden, or a part thereof, or any amount in addition
thereto, as it may find to be just, but in no event shall the
amount allowed exceed the lesser of five hundred dollars per
animal or the uninsured amount of the loss or injury. The board
shall make the final determination of the fair market value of an
animal that is the subject of a claim.
If the animal that is the subject of a claim dies as a result
of the injuries that it received from a dog, the amount of
indemnity is the fair market value of the animal on the date of
its death subject to the limit established in this section. If the
animal that is the subject of a claim does not die as a result of
the injuries that it received from a dog, the amount of indemnity
is the fair market value of the animal on the date on which it
received its injuries subject to the limit established in this
section. If the animal that is the subject of a claim is
registered or eligible for registration as described in section
955.32 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 on which the animal was killed or injured subject to the
limit established in this section. 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 on
which the death or injury was discovered by its owner. A fetus
that is aborted by an animal because of stress inflicted by a dog
and that does not, on that account, survive shall be considered to
have been killed by the dog regardless of the stage of pregnancy
at which the abortion occurs. In the case of any such alleged
cause of death, the warden, as part of the warden's investigation,
may request the chief of the division of animal industry health in
the department of agriculture to have a state veterinarian certify
the cause of death. The chief shall promptly comply, and the
veterinarian shall send the certification to the board of county
commissioners.
The claims shall be paid out of the dog and kennel fund or
out of the general fund of the county, as provided in section
955.14 of the Revised Code. Such claims as are allowed in whole or
in part shall be paid by voucher issued by the county auditor five
days after the approval of the board of county commissioners has
been entered. If the claim is to be paid out of the dog and kennel
fund and the funds therein are insufficient to pay the claims,
they shall be paid in the order allowed at the close of the next
calendar month in which sufficient funds are available in the
fund.
Sec. 959.14. No owner or person having the custody, control,
or possession of a horse, mare, gelding, foal, or filly, nor an
agent or employee of such owner or custodian, shall cut off or
cause to be cut off or amputated the skin, flesh, muscles, bone,
or integuments of the dock or tail thereof, of the horse in order
to shorten its natural length or proportions; nor shall any such
owner, person, or the agent or employee of either pull.
No person shall pull out the hairs of the foretop, mane, or
withers thereof of a horse except minimum quantities required for
medical testing. This
This section does not prohibit the cutting or amputation of
the dock or tail of a horse, mare, gelding, foal, or filly when
necessary because of accident, malformation, or disease affecting
such dock or tail or as a proactive measure to prevent injury if
performed by a veterinarian that is licensed under Chapter 4741.
of the Revised Code or in another state.
Sec. 1711.50. As used in sections 1711.50 to 1711.57 of the
Revised Code:
(A) "Amusement ride" means any mechanical device, aquatic
device, or inflatable device, or combination of those devices that
carries or conveys passengers on, along, around, over, or through
a fixed or restricted course or within a defined area for the
purpose of
giving its passengers providing amusement, pleasure, or
excitement. "Amusement ride" includes carnival rides, bungee
jumping facilities, and fair rides but does not include passenger
tramways as defined in section 4169.01 of the Revised Code or
amusement rides operated solely at trade shows for a limited
period of time. For purposes of division (A) of this section,
"trade show" means a place of exhibition not open to the general
public where amusement ride manufacturers display, promote,
operate, and sell amusement rides to prospective purchasers.
(B) "Temporary amusement ride" means an amusement ride that
is relocated at least once per year with or without disassembly.
(C) "Permanent amusement ride" means an amusement ride that
is erected to remain a lasting part of the premises.
(D) "Owner" means any person who owns or leases and controls
or manages the operation of an amusement ride, and includes
individuals, partnerships, corporations, both profit and
nonprofit, and the state and any of its political subdivisions and
their departments or agencies.
(E) "Operation" means the use or operation, or both, of an
amusement ride with riders.
(F) "Rider" means any person who sits, stands, or is
otherwise conveyed or carried as a passenger on an amusement ride,
but does not include employees or agents of the owner of the
amusement ride.
(G) "Amusement ride operator" means any person causing the
amusement ride to go, stop, or perform its function.
(H) "Reassembly" means the installation, erection, or
reconstruction of the main mechanical, safety, electrical, or
electronic components of an amusement ride following
transportation or storage and prior to operation. Replacement of
mechanical, safety, electrical, or electronic components of an
amusement ride for the purpose of repairing repair or maintenance
is not reassembly.
(I) "Repair" means to restore an amusement ride to a
condition equal to or better than original design specifications.
(J) "Maintenance" means the preservation and upkeep of an
amusement ride for the purpose of maintaining its designed
operational capability.
(K) "Inspection" means a physical examination of an amusement
ride by an inspector for the purpose of approving the application
for a permit. "Inspection" includes a reinspection.
(L) "Accident" means an occurrence during the operation of an
amusement ride which results in death or injury requiring
immediate hospital admission.
(M) "Serious injury" means an injury that does not require
immediate hospital admission but does require medical treatment,
other than first aid, by a physician.
(N) "First aid" means the one-time treatment or subsequent
observation of scratches, cuts not requiring stitches, burns,
splinters, and contusions or a diagnostic procedure, including
examinations and x-rays, which does not ordinarily require medical
treatment even though provided by a physician or other licensed
professional personnel.
(O) "Advisory council" means the advisory council on
amusement ride safety created by section 1711.51 of the Revised
Code.
(P) "Safe operation" means, except as provided in section
1711.57 of the Revised Code, the practical application of
maintenance, inspection, and operational processes, as indicated
by the manufacturer, owner, or advisory council, that secures a
rider from threat of physical danger, harm, or loss.
(Q) "Private facility" means any facility that is accessible
only to members of the facility and not accessible to the general
public, even upon payment of a fee or charge, and that requires
approval for membership by a membership committee representing the
current members who have a policy requiring monetary payment to
belong to the facility.
(R) "Bungee jumping" means a fall or jump from a height by an
individual who is attached to an elastic cord that prevents the
individual from hitting the ground, water, or other solid,
semi-solid, liquid, or elastic surface.
(S) "Bungee jumping facility" means a device or structure
utilized for bungee jumping.
Sec. 1711.51. There is hereby created within the department
of agriculture an advisory council on amusement ride safety to
consist of the director of agriculture or the director's designee,
the general manager of the Ohio state fair or the general
manager's designee, plus eleven appointed members, of whom one
shall be a representative of temporary amusement ride owners, one
shall be a representative of the greater Ohio showmen's
association and the owner of a ride, three shall be
representatives of owners of amusement parks, one shall be a
representative of the Ohio fair managers' association, one shall
be a representative of the insurance industry, one shall be an
engineer, who has an academic degree in engineering and who is
knowledgeable in the amusement ride industry, one shall be a
representative of the Ohio festivals and events association, and
two shall be representatives of the general public. One member of
the council shall be designated annually by the governor as
chairperson. The appointed members not representing the general
public shall be appointed by the governor, with the advice and
consent of the senate. One member representing the general public
shall be appointed by the speaker of the house of representatives
and the remaining member representing the general public shall be
appointed by the president of the senate. The council shall select
from its membership a vice-chairperson to act as chairperson in
the chairperson's absence.
Of the members first appointed by the governor, four shall be
appointed for terms of two years, three for terms of four years,
and two for terms of six years. The members appointed initially by
the speaker of the house of representatives and the president of
the senate shall each serve terms of six years. All members
appointed thereafter shall serve six-year terms. 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.
Members of the council shall be residents of this state and
shall be reimbursed for actual and necessary expenses incurred in
attending meetings of the council and in the performance of their
official duties.
Sec. 1711.57. Sections 1711.51 1711.50 to 1711.57 of the
Revised Code do not apply to any of the following:
(A) A private facility, to any;
(B) A single-passenger coin-operated ride, that is manually,
mechanically, or electrically operated, which is customarily is
placed, either singly or in groups, in a public location, and
which does not normally require the supervision or services of an
amusement ride operator, or to any nonmechanized;
(C) Nonmechanized playground equipment, including swings,
stationary spring-mounted animal features, rider-propelled
merry-go-rounds, climbers, slides, rock climbing walls,
trampolines,
and swinging gates, and physical fitness devices
except where an admission fee is charged for usage or an admission
fee is charged to areas where such equipment is located;
(D) Devices regulated or licensed by the federal aviation
administration or the federal railroad administration in the
United States department of transportation, the department of
transportation, or the bureau of motor vehicles in the department
of public safety;
(E) Vessels regulated by the department of natural resources
under Chapters 1547. and 1548. of the Revised Code or under the
jurisdiction of the United States coast guard;
(F) Tractors, trucks, or similar vehicles at competition
events;
(G) Automobiles or motorcycles at competition events;
(H) Animals ridden in competitive events or shows;
(I) Physical fitness devices;
(J) Devices to which the definition of "safe operation" in
section 1711.50 of the Revised Code does not apply as determined
by the director of agriculture, including mechanized bulls,
surfboards, zip lines, vertical wind tunnels, skateboard or
bicycle rodeo devices, cable wakeboard or ski facilities, or other
devices that are not intended or manufactured to secure the rider
from threat of physical danger, harm, or loss.
Sec. 3717.22. (A) The following are not retail food
establishments:
(1) A food service operation licensed under this chapter,
including a food service operation that provides the services of a
retail food establishment pursuant to an endorsement issued under
section 3717.44 of the Revised Code;
(2) An entity exempt under divisions (B)(1) to (9) or (11) to
(13) of section 3717.42 of the Revised Code from the requirement
to be licensed as a food service operation and an entity exempt
under division (B)(10) of that section if the entity is regulated
by the department of agriculture as a food processing
establishment under section 3715.021 of the Revised Code;
(3) A business or that portion of a business that is
regulated by the federal government or the department of
agriculture as a food manufacturing or food processing business,
including a business or that portion of a business regulated by
the department of agriculture under Chapter 911., 913., 915.,
917., 918., or 925. of the Revised Code.
(B) All of the following are exempt from the requirement to
be licensed as a retail food establishment:
(1) An establishment with commercially prepackaged foods that
are not potentially hazardous and contained in displays, the total
space of which equals less than two hundred cubic feet;
(2) A person at a farmers market that is registered with the
director of agriculture pursuant to section 3717.221 of the
Revised Code that offers for sale only one or more of the
following:
(a) Fresh unprocessed fruits or vegetables;
(b) Products of a cottage food production operation;
(c) Maple syrup, sorghum, or honey that is produced by a
maple syrup or sorghum producer or beekeeper described in division
(A) of section 3715.021 of the Revised Code;
(d) Commercially prepackaged food that is not potentially
hazardous, on the condition that the food is contained in
displays, the total space of which equals less than one hundred
cubic feet on the premises where the person conducts business at
the farmers market.
(3) A person who offers for sale at a roadside stand only
fresh fruits and fresh vegetables that are unprocessed;
(4) A nonprofit organization exempt from federal income
taxation under section 501(c)(3) of the "Internal Revenue Code of
1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, that raises
funds by selling foods and that, if required to be licensed, would
be classified as risk level one in accordance with rules
establishing licensing categories for retail food establishments
adopted under section 3717.33 of the Revised Code, if the sales
occur inside a building and are not potentially hazardous for not
more than seven consecutive days or more than fifty-two separate
days during a licensing period. This exemption extends to any
individual or group raising all of its funds during the time
periods specified in division (B)(4) of this section for the
benefit of the nonprofit organization by selling foods under the
same conditions.
(5) An establishment that offers food contained in displays
of less than five hundred square feet, and if required to be
licensed would be classified as risk level one pursuant to rules
establishing licensing categories for retail food establishments
adopted under section 3717.33 of the Revised Code, on the
condition that the establishment offers the food for sale at
retail not more than six months in each calendar year;
(6) A cottage food production operation, on the condition
that the operation offers its products directly to the consumer
from the site where the products are produced;
(7) A maple syrup and sorghum processor and beekeeper
described in division (A) of section 3715.021 of the Revised Code,
on the condition that the processor or beekeeper offers only maple
syrup, sorghum, or honey directly to the consumer from the site
where those products are processed;
(8) A person who annually maintains five hundred or fewer
birds, on the condition that the person offers the eggs from those
birds directly to the consumer from the location where the eggs
are produced or at a farm product auction to which division
(B)(11) of this section applies;
(9) A person who annually raises and slaughters one thousand
or fewer chickens, on the condition that the person offers dressed
chickens directly to the consumer from the location where the
chickens are raised and slaughtered or at a farm product auction
to which division (B)(11) of this section applies;
(10) A person who raises, slaughters, and processes the meat
of nonamenable species described in divisions (A) and (B) of
section 918.12 of the Revised Code, on the condition that the
person offers the meat directly to the consumer from the location
where the meat is processed or at a farm product auction to which
division (B)(11) of this section applies;
(11) A farm product auction, on the condition that it is
registered with the director pursuant to section 3717.221 of the
Revised Code that offers for sale at the farm product auction only
one or more of the following:
(a) The products described in divisions (B)(8) to (10) of
this section that are produced, raised, slaughtered, or processed,
as appropriate, by persons described in divisions (B)(8) to (10)
of this section;
(b) Fresh unprocessed fruits or vegetables;
(c) Products of a cottage food production operation;
(d) Maple syrup, sorghum, or honey that is produced by a
maple syrup or sorghum producer or beekeeper described in division
(A) of section 3715.021 of the Revised Code.
(12) An establishment that, with respect to offering food for
sale, offers only alcoholic beverages or prepackaged beverages
that are not potentially hazardous;
(13) An establishment that, with respect to offering food for
sale, offers only alcoholic beverages, prepackaged beverages that
are not potentially hazardous, or commercially prepackaged food
that is not potentially hazardous, on the condition that the
commercially prepackaged food is contained in displays, the total
space of which equals less than two hundred cubic feet on the
premises of the establishment;
(14) An establishment that, with respect to offering food for
sale, offers only fountain beverages that are not potentially
hazardous;
(15) A person who offers for sale only one or more of the
following foods at a festival or celebration, on the condition
that the festival or celebration is organized by a political
subdivision of the state and lasts for a period not longer than
seven consecutive days:
(a) Fresh unprocessed fruits or vegetables;
(b) Products of a cottage food production operation;
(c) Maple syrup, sorghum, or honey if produced by a maple
syrup or sorghum processor or beekeeper as described in division
(A) of section 3715.021 of the Revised Code;
(d) Commercially prepackaged food that is not potentially
hazardous, on the condition that the food is contained in
displays, the total space of which equals less than one hundred
cubic feet;
(e) Fruit butter produced at the festival or celebration and
sold from the production site.
(16) A farm market on the condition that it is registered
with the director pursuant to section 3717.221 of the Revised Code
that offers for sale at the farm market only one or more of the
following:
(a) Fresh unprocessed fruits or vegetables;
(b) Products of a cottage food production operation;
(c) Maple syrup, sorghum, or honey that is produced by a
maple syrup or sorghum producer or beekeeper described in division
(A) of section 3715.021 of the Revised Code;
(d) Commercially prepackaged food that is not potentially
hazardous, on the condition that the food is contained in
displays, the total space of which equals less than one hundred
cubic feet on the premises where the person conducts business at
the farm market;
(e) Cider and other juices manufactured on site at the farm
market;
(f) The products or items described in divisions (B)(8) to
(10) of this section, on the condition that those products or
items were produced by the person offering to sell them, and
further conditioned that, with respect to eggs offered, the person
offering to sell them annually maintains five hundred or fewer
birds, and with respect to dressed chickens offered, the person
annually raises and slaughters one thousand or fewer chickens.
Sec. 3769.0811. Horse races that are conducted by a county
agricultural society or independent agricultural society in
accordance with section 3769.082 of the Revised Code shall be
conducted at the fairgrounds of the sponsoring agricultural
society or, with the approval of the director of agriculture, at a
track designated by the agricultural society in the applicable
county. If the horse races cannot be contested due to unfavorable
weather or another cause, the races may be transferred to a
suitable track with the approval of the director.
If a county agricultural society or independent agricultural
society is unable to conduct races in accordance with section
3769.082 of the Revised Code because of unfavorable weather or
another cause or if the number of horse races and stake races that
are conducted by an agricultural society is fewer than the number
that was scheduled to be conducted, the pro rata remainder of the
money distributed from the Ohio fairs fund created in section
3769.082 of the Revised Code for each horse race and stake race
not conducted shall be returned to the director to be credited to
the fund.
Sec. 4707.11. (A) Except as provided in division (B) of this
section, each application for a license issued under this chapter
shall be accompanied by proof of financial responsibility in the
form of either an irrevocable letter of credit or a cash bond or a
surety bond in the amount of twenty-five thousand dollars. If the
applicant gives a surety bond, the bond shall be executed by a
surety company authorized to do business in this state.
A bond shall be made payable to the department of agriculture
and shall include a condition that requires the applicant to
comply with this chapter and rules adopted under it, including a
requirement that the person refrain from conduct described in
section 4707.15 of the Revised Code. All bonds shall be on a form
approved by the director of agriculture.
A licensee shall maintain proof of financial responsibility
for three years following the date of initial licensure. After the
three-year period, a licensee who has not engaged in conduct
described in section 4707.15 of the Revised Code and has not
otherwise violated this chapter or rules adopted under it during
that period shall no longer be required to maintain proof of
financial responsibility except as otherwise provided in this
section.
A licensee whose license expires without being renewed under
section 4707.10 of the Revised Code or is suspended under section
4707.15 or 4707.30 of the Revised Code shall give proof of
financial responsibility in accordance with this section in order
to obtain reinstatement or reactivation of the license.
(B) Division (A) of this section does not apply to any of the
following:
(1) A licensee whose license was issued prior to July 1,
2003, provided that the license continues to be renewed under
section 4707.10 of the Revised Code and is not suspended under
section 4707.15 or 4707.30 of the Revised Code;
(2) An apprentice auctioneer licensee whose license was
issued under section 4707.09 of the Revised Code prior to July 1,
2003, and who applies for an auctioneer's license under section
4707.07 of the Revised Code on or after July 1, 2003, provided
that the apprentice auctioneer's license is not suspended under
section 4707.15 or 4707.30 of the Revised Code, and, if necessary,
continues to be renewed under section 4707.10 of the Revised Code,
prior to the issuance of the auctioneer's license to the
applicant;
(3) An auction firm license that is issued under section
4707.074 of the Revised Code.
SECTION 2. That existing sections 121.04, 121.09, 307.204,
505.266, 901.08, 901.43, 903.02, 907.11, 923.41, 923.52, 924.52,
941.02, 941.041, 941.14, 942.02, 943.03, 943.031, 943.04, 943.05,
943.16, 953.23, 955.35, 959.14, 1711.50, 1711.51, 1711.57,
3717.22, and 4707.11 of the Revised Code are hereby repealed.
SECTION 3. On the effective date of this section, the
Division of Animal Industry in the Department of Agriculture is
renamed the Division of Animal Health. The Division of Animal
Industry's functions, and its assets and liabilities, are
transferred to the Division of Animal Health. The Division of
Animal Health is successor to, assumes the obligations and
authority of, and otherwise continues the Division of Animal
Industry. No right, privilege, or remedy, and no duty, liability,
or obligation, accrued under the Division of Animal Industry is
impaired or lost by reason of the renaming and shall be
recognized, administered, performed, or enforced by the Division
of Animal Health.
Business commenced but not completed by the Division of
Animal Industry or by the Chief of the Division of Animal Industry
shall be completed by the Division of Animal Health or the Chief
of the Division of Animal Health in the same manner, and with the
same effect, as if completed by the Division of Animal Industry or
the Chief of the Division of Animal Industry.
All of the Division of Animal Industry's rules, orders, and
determinations continue in effect as rules, orders, and
determinations of the Division of Animal Health until modified or
rescinded by the Division of Animal Health.
Subject to the layoff provisions of sections 124.321 to
124.382 of the Revised Code, all employees of the Division of
Animal Industry continue with the Division of Animal Health and
retain their positions and all benefits accruing thereto.
The Director of Budget and Management shall determine the
amount of unexpended balances in the appropriation accounts that
pertain to the Division of Animal Industry and shall recommend to
the Controlling Board their transfer to the appropriation accounts
that pertain to the Division of Animal Health. The Chief of the
Division of Animal Industry shall provide full and timely
information to the Controlling Board to facilitate the transfer.
Whenever the Division of Animal Industry or the Chief of the
Division of Animal Industry is referred to in a statute, contract,
or other instrument, the reference is deemed to refer to the
Division of Animal Health or to the Chief of the Division of
Animal Health, whichever is appropriate in context.
No pending action or proceeding being prosecuted or defended
in court or before an agency by the Division of Animal Industry or
the Chief of the Division of Animal Industry is affected by the
renaming and shall be prosecuted or defended in the name of the
Division of Animal Health or the Chief of the Division of Animal
Health, whichever is appropriate. Upon application to the court or
agency, the Division of Animal Health or the Chief of the Division
of Animal Health shall be substituted.
SECTION 4. On the effective date of this section, the
Division of Plant Industry in the Department of Agriculture is
renamed the Division of Plant Health. The Division of Plant
Industry's functions, and its assets and liabilities, are
transferred to the Division of Plant Health. The Division of Plant
Health is successor to, assumes the obligations and authority of,
and otherwise continues the Division of Plant Industry. No right,
privilege, or remedy, and no duty, liability, or obligation,
accrued under the Division of Plant Industry is impaired or lost
by reason of the renaming and shall be recognized, administered,
performed, or enforced by the Division of Plant Health.
Business commenced but not completed by the Division of Plant
Industry or by the Chief of the Division of Plant Industry shall
be completed by the Division of Plant Health or the Chief of the
Division of Plant Health in the same manner, and with the same
effect, as if completed by the Division of Plant Industry or the
Chief of the Division of Plant Industry.
All of the Division of Plant Industry's rules, orders, and
determinations continue in effect as rules, orders, and
determinations of the Division of Plant Health until modified or
rescinded by the Division of Plant Health.
Subject to the layoff provisions of sections 124.321 to
124.382 of the Revised Code, all employees of the Division of
Plant Industry continue with the Division of Plant Health and
retain their positions and all benefits accruing thereto.
The Director of Budget and Management shall determine the
amount of unexpended balances in the appropriation accounts that
pertain to the Division of Plant Industry and shall recommend to
the Controlling Board their transfer to the appropriation accounts
that pertain to the Division of Plant Health. The Chief of the
Division of Plant Industry shall provide full and timely
information to the Controlling Board to facilitate the transfer.
Whenever the Division of Plant Industry or the Chief of the
Division of Plant Industry is referred to in a statute, contract,
or other instrument, the reference is deemed to refer to the
Division of Plant Health or to the Chief of the Division of Plant
Health, whichever is appropriate in context.
No pending action or proceeding being prosecuted or defended
in court or before an agency by the Division of Plant Industry or
the Chief of the Division of Plant Industry is affected by the
renaming and shall be prosecuted or defended in the name of the
Division of Plant Health or the Chief of the Division of Plant
Health, whichever is appropriate. Upon application to the court or
agency, the Division of Plant Health or the Chief of the Division
of Plant Health shall be substituted.
SECTION 5. On the effective date of this section, the
Division of Consumer Analytical Laboratory in the Department of
Agriculture is renamed the Division of Consumer Protection
Laboratory. The Division of Consumer Analytical Laboratory's
functions, and its assets and liabilities, are transferred to the
Division of Consumer Protection Laboratory. The Division of
Consumer Protection Laboratory is successor to, assumes the
obligations and authority of, and otherwise continues the Division
of Consumer Analytical Laboratory. No right, privilege, or remedy,
and no duty, liability, or obligation, accrued under the Division
of Consumer Analytical Laboratory is impaired or lost by reason of
the renaming and shall be recognized, administered, performed, or
enforced by the Division of Consumer Protection Laboratory.
Business commenced but not completed by the Division of
Consumer Analytical Laboratory or by the Chief of the Division of
Consumer Analytical Laboratory shall be completed by the Division
of Consumer Protection Laboratory or the Chief of the Division of
Consumer Protection Laboratory in the same manner, and with the
same effect, as if completed by the Division of Consumer
Analytical Laboratory or the Chief of the Division of Consumer
Analytical Laboratory.
All of the Division of Consumer Analytical Laboratory's
rules, orders, and determinations continue in effect as rules,
orders, and determinations of the Division of Consumer Protection
Laboratory until modified or rescinded by the Division of Consumer
Protection Laboratory.
Subject to the layoff provisions of sections 124.321 to
124.382 of the Revised Code, all employees of the Division of
Consumer Analytical Laboratory continue with the Division of
Consumer Protection Laboratory and retain their positions and all
benefits accruing thereto.
The Director of Budget and Management shall determine the
amount of unexpended balances in the appropriation accounts that
pertain to the Division of Consumer Analytical Laboratory and
shall recommend to the Controlling Board their transfer to the
appropriation accounts that pertain to the Division of Consumer
Protection Laboratory. The Chief of the Division of Consumer
Analytical Laboratory shall provide full and timely information to
the Controlling Board to facilitate the transfer.
Whenever the Division of Consumer Analytical Laboratory or
the Chief of the Division of Consumer Analytical Laboratory is
referred to in a statute, contract, or other instrument, the
reference is deemed to refer to the Division of Consumer
Protection Laboratory or to the Chief of the Division of Consumer
Protection Laboratory, whichever is appropriate in context.
No pending action or proceeding being prosecuted or defended
in court or before an agency by the Division of Consumer
Analytical Laboratory or the Chief of the Division of Consumer
Analytical Laboratory is affected by the renaming and shall be
prosecuted or defended in the name of the Division of Consumer
Protection Laboratory or the Chief of the Division of Consumer
Protection Laboratory, whichever is appropriate. Upon application
to the court or agency, the Division of Consumer Protection
Laboratory or the Chief of the Division of Consumer Protection
Laboratory shall be substituted.
SECTION 6. The Consumer Protection Laboratory Fund created
in section 901.43 of the Revised Code, as amended by this act, is
a continuation of the Consumer Analytical Laboratory Fund created
in section 901.43 of the Revised Code prior to its amendment by
this act.
SECTION 7. Section 1711.50 of the Revised Code is presented
in this act as a composite of the section as amended by both Sub.
H.B. 535 and Sub. H.B. 670 of the 121st General Assembly. The
General Assembly, applying the principle stated in division (B) of
section 1.52 of the Revised Code that amendments are to be
harmonized if reasonably capable of simultaneous operation, finds
that the composite is the resulting version of the section in
effect prior to the effective date of the section as presented in
this act.
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