Ohio Adm.Code 901:1 | Ohio Administrative Code 901:1 — Department of Agriculture | Animal Industry

Chapter 901:1-1 Chronic Wasting Disease

Ohio Adm.Code 901:1-1-01 Definitions.

As used in this chapter:

(A) "Approved accredited veterinarian" means an accredited veterinarian who has received chronic wasting disease training from the department.

(B) "Captive deer with status" means captive white-tailed deer that have been legally acquired or their offspring, are part of a herd that is monitored and tested for disease in accordance with rules, and are privately owned primarily for the purposes of agriculture, propagation, or providing captive deer to a wild animal hunting preserve licensed under section 1533.721 of the Revised Code.

(C) "Captive deer with certified chronic wasting disease status" means captive white-tailed deer that have been legally acquired or their offspring, are part of a herd that has been monitored and tested for disease in accordance with rules, including tested for chronic wasting disease for at least five consecutive years in accordance with rules, are privately owned primarily for the purposes of agriculture, propagation, or providing deer to a wild animal hunting preserve licensed under section 1533.721 of the Revised Code, and are certified "with status" in accordance with rules.

(D) "Captive whitetail deer" means legally acquired whitetail deer that are held in private ownership at a facility licensed under section 943.03 or 943.031 of the Revised Code and under section 1533.71 or 1533.721 of the Revised Code.

(E) "Chronic wasting disease" means the dangerously contagious and infectious disease identified in rule 901:1-21-02 of the Administrative Code.

(F) "Department" means the Ohio department of agriculture.

(G) "Harvested animals" means animals that were killed by a person within a hunting preserve.

(H) "Missing sample" means samples from any animal three hundred sixty-five days or older that dies, is slaughtered, escapes, or is lost that is not submitted for diagnostic testing for CWD.

(I) "Monitored captive deer" means whitetail deer that have been legally acquired or their offspring, are tested for chronic wasting disease in accordance with rules, and are held in private ownership for agricultural or personal purposes or in a wild animal hunting preserve licensed under section 1533.721 of the Revised Code.

(J) "Poor quality samples" mean tissues which are submitted for diagnostic testing for chronic wasting disease which are unable to be tested. This includes samples that are severely autolyzed, from the wrong portions of the brain, the wrong tissue, or are not testable for other reasons.

History

Effective: November 19, 2018
Promulgated Under: 119.03

Ohio Adm.Code 901:1-21-02

(A) For purposes of Chapter 941. of the Revised Code and as provided for in division (A) of section 941.01 of the Revised Code, the director of agriculture designates as dangerously contagious or infectious diseases the following:

(1) Anthrax;

(2) Bluetongue (ovine, caprine);

(3) Brucellosis (Brucella abortus, brucella canis, brucella melitensis, brucella suis);

(4) Ceratomyxosis;

(5) Contagious equine metritis;

(6) Eastern equine encephalomyelitis;

(7) Equine herpes virus 1 (clinical or exposed neurological disease);

(8) Equine infectious anemia;

(9) Equine piroplasmosis (babesia caballi, theileria equi);

(10) Foot and mouth disease;

(11) Fowl typhoid;

(12) High path avian influenza;

(13) Hog cholera;

(14) Infectious encephalomyelitis (poultry);

(15) Infectious hematopoietic necrosis;

(16) Infectious laryngotracheitis (other than vaccine induced);

(17) Infectious pancreatic necrosis;

(18) Infectious salmon anemia;

(19) Lymphocytic choriomeningitis virus (LCMV)

(20) Monkeypox;

(21) Mycoplasma gallisepticum, turkeys;

(22) Newcastle disease;

(23) Poultry chlamydiosis-ornithosis;

(24) Poultry paramyxovirus (other than Newcastle);

(25) Proliferative kidney disease;

(26) Pseudorabies;

(27) Psoroptic cattle scabies;

(28) Psoroptic sheep scabies;

(29) Rabies;

(30) Salmonella pullorum;

(31) Scrapie;

(32) Transmissible spongiform encephalopathies;

(33) Tuberculosis;

(34) Venezuelan equine encephalomyelitis;

(35) Vesicular exanthema;

(36) Viral hemorrhagic septicemia;

(37) Whirling disease (Myxobolus cerebralis);

(B) Whenever the director believes that a dangerously contagious or infectious disease is present in any geographic area of the state of Ohio, he may prohibit or regulate by proclamation the movement of any animal(s) which could carry the disease within, into or out of the area.

(C) No person shall sell, move, or dispose of animal(s) so designated in paragraph (B) of this rule without written permission from the department or its authorized representative.

(D) The director may at any time designate a disease not specified in paragraph (A) of this rule without a hearing as a dangerously contagious or infectious disease by executive order. The executive order is effective when it is journalized in the order book of the department of agriculture and is effective for ninety days from its journalization. Within three days after the order is journalized the director shall file a certified copy of the order with the secretary of state. Within seven days after the order is journalized, the director shall cause it to be published in a newspaper of general circulation within this state.

History

Effective: December 18, 2014
Promulgated Under: 119.03

Ohio Adm.Code 901:1-1-02 Licensing and registration.

(A) All captive whitetail deer shall be designated as monitored captive deer, captive deer with status, or captive deer with certified chronic wasting disease status. Owners of captive whitetail deer shall be licensed or registered under one of the following requirements:

(1) Obtain a license as required by section 943.03 or 943.031 of the Revised Code;

(2) If a captive deer with status, or captive deer with certified chronic wasting disease status does not otherwise meet the licensing requirements of section 943.03 or 943.031 of the Revised Code and the owner wishes to propagate the animals, a license must be obtained in accordance with section 943.20 of the Revised Code; or

(3) Registered annually with the chief, division of animal health. Registration shall be on a form provided by the department and a registration fee of twenty-five dollars shall be paid.

(B) Prior to licensure or registration as outlined in paragraph (A) of this rule, owners of captive whitetail deer must obtain a permit from the Ohio department of natural resources pursuant to sections 1533.71 and 1533.721 of the Revised Code.

(1) Upon the initial registration or licensing of a captive white tail deer herd, an inspection of the facilities, herd and herd records and perimeter fencing will be conducted by the department. Thereafter the facility, animals, identification, and records shall be inspected annually by an approved accredited licensed veterinarian or the department.

(2) There must be no indication of chronic wasting disease being present in the herd, as attested to by the owner and his or her approved accredited licensed veterinarian. If any indication of chronic wasting disease is present the chief, division of animal health may refuse to enroll the herd in the captive deer with status, or a captive deer with certified chronic wasting disease status designations or revoke the herd's current status designation.

(3) The director or the director's designee may enter at all reasonable times on the premises of a captive whitetail deer herd for the purpose determining compliance with this chapter and Chapters 941. and 943 of the Revised Code.

History

Effective: November 19, 2018
Promulgated Under: 119.03

Ohio Adm.Code 901:1-1-03 Fencing, escapes, and movement requirements.

(A) Fencing.

(1) Facilities must have perimeter fencing of at least eight feet in height, with a variance of four per cent, which prevents ingress and egress of captive whitetail deer.

(2) Any new perimeter fencing for existing facilities for captive whitetail deer herds must be inspected by department personnel.

(3) Owners shall inspect the perimeter fence once a week to ensure that there is not a breach in the fencing which may allow the ingress or egress of any cervid animal. Owners shall maintain a record of this inspection in accordance with rule 901:1-1-06 of the Administrative Code.

(B) Movement.

(1) Owners of captive whitetail deer shall, within seven days, submit a movement form to the department when the following occur:

(a) A captive whitetail deer is moved from the facility.

(b) A captive whitetail deer is moved into the facility.

(2) Movement forms are available at the department's website www.agri.ohio.gov. Owners must at a minimum include the following information on the movement form:

(a) The official and unique identification of the animals as required by rule 901:1-1-04 of the Administrative Code;

(b) The sex, date of birth, and the date the animal which was moved; and

(3) Failure to comply with this rule may result in the department issuing a quarantine order until all paperwork is complete.

(4) No live animals may leave a hunting preserve or a monitored captive herd without receiving a special permit by the department.

(C) Escapes and breach in fencing. Owners of captive whitetail deer shall immediately report to the department the following:

(1) The discovery of an escaped or stolen deer.

(a) Owners shall report to the department:

(i) The official and unique identification as required by rule 901:1-1-04 of the Administrative Code.

(ii) The sex, date of birth, and the date the animal was acquired.

(b) In no case shall the owner of a captive whitetail deer return the animal to the facility more than twenty-four hours after discovery. Any animal which has been outside the facility for more than twenty-four hours must be dispatched and submitted for CWD testing.

(2) The breach of the perimeter fencing.

(a) Owners shall immediately take all necessary actions to prevent the ingress and egress of any cervid animal.

(b) Once the fencing has been repaired, owners shall contact the department to inspect the repaired perimeter fence.

History

Effective: November 19, 2018
Promulgated Under: 119.03

Ohio Adm.Code 901:1-1-06

(A) Each owner must maintain a current complete herd inventory which must include, at a minimum, the following information and records for each captive whitetail deer:

(1) All official and unique identification;

(2) Age and date of birth;

(3) Sex;

(4) Date of aquisition;

(5) Name and address of the source of acquisition;

(6) Date of death or escape;

(7) Cause of death, if known;

(8) Date of chronic wasting disease sample submission;

(9) Results of chronic wasting disease testing.

(B) Each owner must maintain a log of fence inspection dates, as well as their findings, for a calendar year.

(C) All records, electronic or written, as outlined in paragraph (A) of this rule must be kept for five years after the captive whitetail deer has left the herd or has dies. Records must be made available to the director upon request.

History

Effective: November 19, 2018
Promulgated Under: 119.03

Ohio Adm.Code 901:1-1-04

(A) Identification requirements of facilities that are not licensed as a hunting preserve:

(1) All captive whitetail deer, whether natural additions to the herd or moved into the herd, that are three hundred sixty-five days of age or older shall be identified by both of the following:

(a) Official individual identification. Each animal shall be officially identified by one of the following:

(i) Official united states department of agriculture approved silver, metal eartag which has an alpha numeric identification number;

(ii) Approved visual or electronic radio frequency identification device tags imprinted with the "840" animal identification number;

(iii) A microchip using either 125 kHz, 128 kHz, or 134.2 kHz frequencies which shall be placed at the base of the animal's right ear; or

(iv) Other official individual identification approved by the department.

(b) Unique visible identification. Each animal shall have a visible identification tag that is unique within its herd, which can be read from a reasonable distance.

(2) All captive cervids, regardless of age, that are moved onto facilities shall be identified in accordance with paragraphs (A)(1)(a) and (A)(1)(b) of this rule.

(3) Prior to being removed from the premise, official and unique identification must be applied to all captive cervids, regardless of age.

(B) Identification requirements of licensed hunting preserves:

(1) All captive cervids moved onto the facility must be officially identified. Official identification shall be constituted by one of the following:

(a) Official united states department of agriculture approved silver, metal eartag which has an alpha numeric identification number;

(b) Approved visual or electronic radio frequency identification device tags imprinted with the "840" animal identification number;

(c) A microchip using either 125 kHz, 128 kHz, or 134.2 kHz frequencies which shall be placed at the base of the animal's right ear; or

(d) Other official individual identification approved by the department.

(2) Prior to being removed from the premise, official identification must be applied to all captive cervids, regardless of age.

(C) It is unlawful to remove an official individual identification, except at slaughter, in accordance with 9 C.F.R. 71.22 (2012).

History

Effective: November 19, 2018
Promulgated Under: 119.03

Ohio Adm.Code 901:1-1-05 Death and testing.

(A) All captive deer, three hundred sixty-five days of age or older which die from injury, illness, slaughter, hunting, or any other cause, shall:

(1) Be reported within twenty-four hours of discovery to an approved accredited veterinarian or if not available, the chief, division of animal health or his representative; and

(2) Be tested for chronic wasting disease.

(B) Owners of all captive whitetail deer being tested for chronic wasting disease shall, within seven days of the death or discovery of a deceased captive whitetail deer, submit to the department the following:

(1) CWD Submission form signed by an accredited veterinarian. The form is available at the department's website www.agri.ohio.gov;

(2) The deceased cervid's obex;

(3) The deceased cervid's two retropharyngeal lymph nodes; and

(4) Until December 31, 2020, the owner of the captive whitetail deer must submit the animal's official identification device and a piece of fresh tissue that has not been placed in formalin.

(a) If there are multiple official identification devices, only one device must have tissue attached.

(b) All official identification devices must be submitted to the department.

(c) If the animal does not have an official identification device at time of death, one must be issued and accompany the sample.

(5) Effective January 1, 2021, the owner of the captive whitetail deer must submit the animal's official identification device and a piece of fresh ear tissue that was directly attached to the animal's official identification device at the time of the animal's death.

(a) For the purposes of this rule, "ear tissue" is defined as skin tissue of the ear or tissue surrounding the base of the ear.

(b) The piece of fresh ear tissue that is connected to the official identification device shall not be placed in formalin.

(d) All official identification devices must be submitted to the department.

(e) If the animal does not have an official identification device at time of death, one must be issued and accompany the sample.

(C) The owner of all captive whitetail deer being tested for chronic wasting disease, is responsible for arranging for the submission of the required brain tissue and any other tissues as directed by the chief, division of animal health or his representative, to a department approved laboratory for chronic wasting disease testing. Owners are responsible for the cost of collecting, submitting, and testing of samples.

(D) Poor quality, missing, and untimely samples.

(1) The approved accredited veterinarian shall determine the quality of tissue samples to be collected and provide comments as to that quality.

(2) If tissues associated with a captive whitetail deer death are not submitted for laboratory diagnosis due to postmortem changes or unavailability, the chief, division of animal health or his representative shall be notified in writing by the veterinarian within seven days of that conclusion.

(3) Except for as described in paragraph (D)(4) of this rule, facilities that submit poor quality, missing, or untimely samples may be immediately quarantined by the department.

(a) Facilities may be released from quarantine upon the submission of a new, testable post-mortem sample.

(b) The new sample must be of the same species and have come from an animal that has resided in the herd for at least as long as the poor quality, missing, or untimely sample. In the case that the deceased animal was in the facility for more than five years, any animal that resided on the facility for more than five years may be submitted for testing.

(c) Should a facility submit more than one poor quality, missing, or untimely sample in the same submission, the facility must submit new, testable post-mortem samples equal to or greater than the original poor quality, missing, or untimely samples.

(4) Hunting preserves that submit poor quality, missing, or untimely samples of harvested animals shall be quarantined seven days after receiving notice of the poor quality, missing, or untimely sample by the department.

(a) Hunting preserves will not be not be quarantined after seven days or if a quarantine was issued, the hunting preserve will be released from that quarantine, if the hunting preserve submits a new, testable post-mortem sample.

(b) Unless specifically permitted by the department, the new sample must be of the same species and have come from an animal that has resided in the herd for at least as long as the poor quality, missing, or untimely sample.

(c) Should a hunting preserve submit more than one poor quality, missing, or untimely sample in the same submission, the facility must submit new, testable post-mortem samples equal to or greater than the original poor quality, missing, or untimely samples.

History

Effective: November 19, 2018
Promulgated Under: 119.03

Chapter 901:1-3 Anthrax Control

Ohio Adm.Code 901:1-3-01 Anthrax control.

(A) The term "bone products" as used in this regulation shall mean bones of any animal in any form; including raw, steamed, degelatinized bone meal, whole or crushed bones.

(B) No bone products intended for use as animal feedstuffs, including mineral feeds, or fertilizers, admixed with, or to be admixed with, other ingredients for such uses, shall be moved into or within the state of Ohio, unless such bone products have been processed in a manner rendering them free from viable anthrax spores, excepting when moved directly to manufacturing plants for processing.

(C) The owner of the product which contains the bone products shall bear the burden of proof as to the sufficiency of the processing procedure employed to secure freedom of such bone products from viable anthrax spores when moved excepting when moving directly to a manufacturing plant for processing.

(D) A valid certification, setting forth full information as to the processing method employed to secure freedom of any such bone products which originated in any foreign country from viable anthrax spores, shall be supplied by the processor to the original purchaser and an exact copy of such processor's certification shall be supplied in turn by each subsequent seller to each subsequent purchaser.

(E) The processing of bone products, in order to render them free from viable anthrax spores, shall be equivalent to the standard process employed in the manufacture of steamed or degelatinized bone meal or shall be by any other process which the director of the Ohio department of agriculture deems sufficient to accomplish such purpose.

(F) Whenever any product is found or suspected to be contaminated with anthrax by the director of agriculture, such product shall be processed to render them free from viable anthrax spores or destroyed immediately on order of the director.

(G) No spore vaccines for the prevention of anthrax shall be used in the state of Ohio except upon permission granted by the director of the Ohio department of agriculture. No such anthrax spore vaccines shall be sold to or administered by any person except a licensed veterinarian in the state of Ohio.

Last updated February 6, 2024 at 9:35 AM

History

Effective: June 30, 2016
Promulgated Under: 119.03

Chapter 901:1-4 Dangerous Wild Animals

Ohio Adm.Code 901:1-4-01 Definitions and general considerations.

(A) "Animal" as used in this chapter refers to any "dangerous wild animal" as defined in divisions (C)(1) to (C)(20) of section 935.01 of the Revised Code that is possessed by the holder of a wildlife shelter permit, a wildlife propagation permit, or a rescue facility permit issued under Chapter 935. of the Revised Code.

The nonhuman primates listed in division (C)(20) of section 935.01 of the Revised Code are exempted from rules 901:1-4-01.2 and 901:1-4-01.3, of the Administrative Code.

(B) "Animal caretaker" means a person with knowledge and experience of zoology, animal science, and biology sufficient for the daily care, maintenance, record keeping, and well-being of physical facilities and animals in their care.

(C) "Clean" means an environmental condition free of unwanted matter such as solids, liquids, gases or living organisms that have the potential to cause adverse effects to the health and well-being of animals and humans.

(D) "Distress" means that animals are injured, sick, in pain, or are housed in inappropriate environmental conditions.

(E) "Dig barrier" means a deterrent that is part of a primary enclosure and that is of sufficient strength and design to prevent the enclosed animal from being able to dig under the walls of the primary enclosure.

(F) "Elevated platform" means a surface or structure positioned above the floor, or above the grade level of an enclosure, that will provide for the animal's welfare.

(G) "Equivalent" as used in this chapter means a material that is equal to or greater in strength than the materials specified for use by this chapter.

If permit applicants desire to use equivalent materials, they may request a determination from the department that their desired materials are of an equivalent strength.

(H) "Permit holder" means those persons possessing dangerous wild animals pursuant to a "wildlife shelter permit", a "wildlife propagation permit", or a "rescue facility permit" as set forth in Chapter 935. of the Revised Code.

(I) "Primary enclosure" means the enclosure that directly houses an animal and where the animal may come into direct contact with the enclosure material.

(J) "Safety entrance" means a secure area in the primary enclosure that can be entered by a caretaker that prevents an animal's escape and protects the caretaker, or a device that can be activated by the caretaker to prevent an animal's escape and safeguards the entry.

A safety entrance shall be constructed of material equivalent to the primary enclosure and include:

(1) A double door and locking mechanism;

(2) Interconnecting cages; or,

(3) A lock down area or other comparable device.

(K) "Secondary enclosure" means an enclosure that serves as a perimeter fence surrounding all primary enclosures, or an individual secondary enclosure built around each primary enclosure. A secondary enclosure must be constructed so that it protects the animals in the primary enclosure by restricting animals and unauthorized persons from outside of the secondary enclosure from having contact with the animals.

(L) "Shelter" means a structure or natural feature within or attached to the primary enclosure that protects the animal from adverse weather conditions and is appropriate for the animal's size.

(M) "Shift cages" are enclosures that can temporarily contain the animal and be closed off from the primary enclosure to allow for servicing of the primary enclosure.

(N) "Veterinary-Client-Patient-Relationship" (VCPR) has the same meaning as defined in section 4741.04 of the Revised Code.

Last updated November 5, 2025 at 9:00 AM

History

Effective: November 1, 2025
Promulgated Under: 119.03

Ohio Adm.Code 901:1-4-01.2

(A) As appropriate to the species, animals must receive food and water on a regular basis of sufficient quantity and quality to ensure maintenance of normal body condition and/or growth.

(B) Food and water receptacles must be kept clean and sanitary.

(D) Perishable foods must be kept under refrigeration and all foods must be stored in a safe manner.

(E) A nutritional plan must be developed with veterinary guidance.

(F) Food and water receptacles shall be of a sufficient number and size for the animals being served.

(G) All food and water equipment must be inspected and maintained in working condition.

Last updated October 22, 2025 at 3:27 PM

History

Effective: July 18, 2013
Promulgated Under: 119.03

Ohio Adm.Code 901:1-4-01.3

(A) Each owner of an animal shall have a valid veterinary-client-patient-relationship with a licensed veterinarian.

(B) The veterinarian must visit each facility a minimum of one time per year and provide a written annual program of care for the animals in the facility.

(C) Animals shall be monitored regularly for evidence of disease, injury, and parasites and corrective measures under veterinary guidance must be taken when evidence is found of such conditions.

(D) A primary enclosure must provide the opportunity and space to exercise daily and have freedom of movement to reduce distress and maintain physical condition, unless directed otherwise by a veterinarian.

(E) Each facility shall maintain a safe and effective program for the control of rodents, insects, ectoparasites and other pests.

(F) Owners, volunteers and any employees in contact with nonhuman primates or elephants must annually have a negative tuberculosis test.

(G) The introduction of new animals to a social group must be done in a manner to minimize distress, tension and aggression.

(H) Devices, or any other equipment used to handle, sort, or move animals, must minimize distress and must be maintained in proper working order at all times.

(I) Euthanasia for animals must:

(1) Be performed when the likelihood for recovery is poor and the condition cannot be effectively relieved by best species management and medically appropriate procedures; and

(2) Euthanasia must follow the American veterinary medical association guidelines.

(J) The director shall take the advice of the state veterinarian and the veterinarian of the facility housing the animal to evaluate the condition of an animal or restricted snake that is under the control of the department. The veterinarians' purpose will be to evaluate the animal's condition as necessary following an initial evaluation by the department's veterinarian. The veterinarians will advise the director on the disposition of the animal based upon the initial evaluation of the animal's health, psychological well-being, and long term quality of life including population management.

(K) Dead animals must be disposed of pursuant to section 941.14 of the Revised Code.

(L) Nothing in the rules adopted in this chapter shall be construed to prevent a licensed veterinarian, or other person acting under the veterinarian's supervision, from meeting the standards set forth in Chapter 4741. of the Revised Code or rules promulgated thereunder.

Last updated November 3, 2025 at 7:56 AM

History

Effective: November 1, 2025
Promulgated Under: 119.03

Ohio Adm.Code 901:1-4-01.1 Enclosures for dangerous wild animals.

Unless otherwise specified, all enclosures for dangerous wild animals as defined by division (C) of section 935.01 of the Revised Code must meet the minimum requirements listed in this rule.

(A) Animals shall be housed and kept in double containment, consisting of a primary and a secondary enclosure as specified by this chapter for the species being kept.

(B) Enclosures must be inspected and maintained daily and any deficits shall be corrected as soon as possible.

The animal may be moved to another secure area temporarily to correct any deficits. If a temporary move is required the following must be notified: the facility veterinarian and the department by email at agrdwacdb@agri.ohio.gov. If the temporary move is greater than twenty four hours, the veterinarian must concur with the selection of the temporary site and the duration of the move.

(1) Be sufficiently strong to prevent escape;

(2) If roofed, the roof must be attached to and be of the same or equivalent strength as the sides of the primary enclosure;

(3) Protect the contained animal from injury;

(4) Provide species appropriate substrate for the health and well-being of the animals;

(5) Be equipped with a safety entrance;

(6) Have at least one elevated platform or bedding material for resting to accommodate all animals in the enclosure simultaneously;

(7) Be of a size and complexity to provide for the animal's physical welfare and behavioral and social enrichment;

(8) Include a shelter; and

(9) Include a dig barrier unless the floor of the primary enclosure is concrete, bedrock, or another impervious material that is of sufficient strength and design to prevent the enclosed animal from being able to dig under the walls of the primary enclosure.

(D) If used to construct a primary enclosure, chain link fence must be secured on the inside of the primary enclosure's posts.

(E) Aggressive or incompatible animals shall be housed separately.

(F) Fecal and food waste shall be removed from the primary enclosure regularly, as appropriate for the species, and stored or disposed of in a manner to protect the health and well-being of the animals, owners, public, volunteers and employees.

(G) Primary enclosures shall be cleaned daily and hard surfaces disinfected a minimum of once weekly.

(H) New or diseased animals shall be housed separately and handled in a manner to minimize distress and the likelihood of spreading disease to other animals.

(I) Non-injurious enrichment opportunities shall be provided to ensure the animal's physical stimulation and psychological needs are met, and be compatible with the species and number of animals.

(J) Each primary enclosure shall have a shift cage sized appropriate to the number, size and compatibility of the animals.

(1) Shift cages shall be constructed of material equivalent to the primary enclosure and be sufficiently strong to prevent escape.

(2) The shift cage shall be separated from the primary enclosure by a door of equivalent material that can be locked in the closed or open position.

(3) Shift cage door controls shall be protected from the animal in the primary enclosure.

(K) Cantilever fencing, as required in this chapter, shall be:

(1) Made of either:

(a) Chain link or a material of equivalent strength with an electrified top wire; or

(b) At least two high tension cables with a separate electrified top wire. If used, these cables must be evenly spaced to prevent escape.

(2) A minimum of three feet in width from the base of the cantilever to the top of the cantilever; and

(3) Attached to the top of the primary enclosure at a forty-five degree angle into the enclosure.

(L) Electric fencing may be used in a primary enclosure, but it cannot be used as the sole method of containment in a primary enclosure.

(M) Secondary enclosures shall:

(1) Be a minimum of eight feet in height;

(2) Be a minimum of eight feet from the nearest primary enclosure; and

(3) Not have any wall in common with any primary enclosure.

(4) The department may allow reasonable variations when appropriate, only if the secondary enclosure still ensures the safety, health, and well-being of the animals, owners, public, volunteers and employees.

(N) Electric fencing may be used in a secondary enclosure as appropriate for the species. Safety signs must be conspicuously displayed on any electrified section of the enclosure.

(O) A solid building may be used as part of the secondary enclosure if the following are true:

(1) The building extends all the way to the ground for the entire length serving as a secondary enclosure; and

(2) The building meets the minimum height requirements for secondary enclosure fencing.

(P) Temperature, ventilation and lighting:

(1) Adequate measures shall be taken so that climatic conditions do not pose a threat to the animal. The animal's age, overall health and acclimation shall be taken into consideration when taking measures to minimize these conditions;

(2) A species appropriate means of thermo-regulating and an adequate UV source shall be provided;

(3) Indoor housing ventilation shall provide for health, comfort and welfare of animals by minimizing drafts, odors, dust, ammonia levels, and moisture condensation;

(4) Light intensity shall be sufficient for observation and cleaning; and

(5) Emergency lighting shall be available at each dangerous wild animal facility.

Last updated July 10, 2026 at 2:04 PM

History

Effective: November 1, 2025
Promulgated Under: 119.03

Ohio Adm.Code 901:1-4-02 Family - ursidae; common name - bears.

This rule applies exclusively to bears as dangerous wild animals as defined in division (C) of section 935.01 of the Revised Code.

(A) Primary enclosures shall be constructed of at least six gauge diameter chain link or its equivalent.

(B) The frame of the primary enclosure must be constructed using at least three inch diameter steel vertical posts or equivalent material, two inch diameter steel or equivalent material for cross bracing, door frames, and top and bottom rails.

(C) For one animal, the primary enclosure shall be a minimum of four hundred square feet, eight feet high with a roof, or twelve feet high with a cantilever. For each additional animal, the primary enclosure must be increased by two hundred square feet.

(D) Polar bears shall have at least one hundred square feet of pool space, five feet deep, and for each additional polar bear the surface area must be increased by forty square feet. The pool must be constructed so that the polar bear can easily enter the water, submerge, and exit from the water.

Last updated September 9, 2025 at 10:36 AM

History

Effective: July 18, 2013
Promulgated Under: 119.03

Ohio Adm.Code 901:1-4-03 Family - hyaenidae.

This rule applies exclusively to hyenas as dangerous wild animals as defined in division (C) of section 935.01 of the Revised Code.

(A) Primary enclosure shall be constructed of at least nine gauge diameter chain link or its equivalent.

(B) For one or two animals, the primary enclosure shall be a minimum of four hundred square feet, eight feet high, and either have a roof or have a cantilever. For each additional animal, the primary enclosure must be increased by two hundred square feet.

(C) Permit holders possessing more than one of the animals regulated under this rule shall house them in stable pairs or groups of compatible individuals, except where single housing is justified based on social incompatibility resulting from inappropriate behavior or veterinary concerns regarding animal well-being.

Last updated September 9, 2025 at 10:36 AM

History

Effective: July 18, 2013
Promulgated Under: 119.03

Ohio Adm.Code 901:1-4-04 Family - canidae; common names - gray wolf (excluding hybrids) and african wild dog.

This rule applies exclusively to Gray wolves and African wild dogs as dangerous wild animals as defined in division (C) of section 935.01 of the Revised Code.

(A) Primary enclosure shall be constructed of at least nine gauge diameter chain link or its equivalent.

Last updated September 9, 2025 at 10:37 AM

History

Effective: July 18, 2013
Promulgated Under: 119.03

Ohio Adm.Code 901:1-4-05 Family - felidae; common names: cheetah, lion, tiger, jaguar, leopard, snow leopard, puma, caracal, serval, canada lynx, eurasian lynx, iberian lynx, sunda clouded leopard, and clouded leopard.

This rule applies exclusively to the species listed as dangerous wild animals in divisions (C)(3) to (C)(7) of section 935.01 of the Revised Code.

(A) Each enclosure shall have a claw log.

(B) Large felids- pantherids; common names: cheetah, lion, tiger.

(1) For one or two animals, the primary enclosure shall be at least six hundred square feet and twelve feet high with a cantilever or roof. For each additional animal the primary enclosure must be increased by three hundred square feet.

(2) Primary enclosures shall be constructed of at least nine gauge diameter chain link or its equivalent.

(C) Medium felids- pantherids; common names: jaguars, leopards, snow leopards, sunda clouded leopard, clouded leopard, and puma.

(1) For one or two animals, the primary enclosure shall be at least four hundred square feet and eight feet high with a roof. For each additional animal the primary enclosure must be increased by two hundred square feet.

(2) Primary enclosures shall be constructed of at least nine gauge diameter chain link or its equivalent.

(D) Small felids; common names: caracal, serval, canada lynx, eurasian lynx, and iberian lynx.

(1) For one or two animals, the primary enclosure shall be at least one hundred square feet and six feet high with a roof. For each additional animal, the primary enclosure shall be increased by fifty square feet.

(2) Primary enclosures shall be constructed of at least eleven and one half gauge diameter chain link or its equivalent.

(3) Small felids as listed in this paragraph do not require safety entrances as part of the primary enclosure.

(4) Permit holders possessing more than one of a species of small felid regulated under paragraph (D) of this rule shall house them in stable pairs or groups of compatible individuals; except where single housing is justified based on social incompatibility resulting from inappropriate behavior or veterinary concerns regarding animal well-being.

Last updated November 5, 2025 at 9:00 AM

History

Effective: November 1, 2025
Promulgated Under: 119.03

Ohio Adm.Code 901:1-4-06 Family - hippopotamidae, elephantidae, rhinocerotidae, bovidae (cape buffalo only).

This rule applies exclusively to the species listed as dangerous wild animals in divisions (C)(9) to (C)(12) of section 935.01 of the Revised Code.

(A) Primary enclosures:

(1) Shall be constructed of steel bars, masonry block, rock wall or equivalent.

(2) Vertical posts:

(a) If using horizontal cables, the vertical posts shall not be more than sixteen feet apart with horizontal cables not more than twelve inches apart; or,

(b) If horizontal cables are not used, the vertical posts shall not be more than twelve inches apart.

If wooden posts are used they must be a minimum of twelve inches in diameter, not be treated with creosote, and utilize a secondary deterrent.

(B) Family hippopotamidae

(1) For one animal, the primary enclosure shall be a minimum of one thousand two hundred square feet, and be five feet high. For each additional animal, the primary enclosure shall be increased by six hundred square feet.

(2) A Nile hippopotamus shall be provided with a pool of water four hundred square feet, five feet deep, and equipped with a ramp or steps. For each additional animal, the pool surface area must be increased by two hundred square feet.

(3) A Pygmy hippopotamus shall be provided with a pool of water one hundred twenty square feet, five feet deep, and equipped with a ramp or steps. For each additional animal, the pool surface area shall be increased by sixty square feet.

(4) Pools shall be drained and cleaned at least one time daily, or filtered using a system approved by the director.

(1) For one female, the primary enclosure shall be a minimum of two thousand square feet. For each additional female, the primary enclosure shall be increased by one thousand square feet.

(2) For one male, the primary enclosure shall be a minimum of four thousand square feet. For each additional male the primary enclosure shall be increased by two thousand square feet.

(3) For one female with a calf, the primary enclosure shall be a minimum of four thousand square feet. For each additional animal the primary enclosure shall be increased by two thousand square feet.

(4) If indoors, primary enclosures indoors shall have a twenty-five feet high ceiling,

(5) Primary enclosures shall have access to a natural substrate.

(6) Unless otherwise directed by a veterinarian, elephants shall not be subjected to unnecessary prolonged restraint by way of tethering. Tethering shall not prohibit normal postural movement.

(7) If housed outdoors, elephants shall have available water, mud, dust, soil, or sand to allow elephants to thermo-regulation;

(8) All elephant facilities shall have an elephant restraint device (ERD), or demonstrate a method of restraint that allows necessary husbandry, veterinary, and reproductive procedures to occur in a safe and efficient manner for all elephants in the facility. Use of the ERD shall not be weather dependent.

(9) Permit holders possessing more than one of the animals regulated under paragraph (C) of this rule shall house them in stable pairs or groups of compatible individuals; except where single housing is justified based on social incompatibility resulting from inappropriate behavior or veterinary concerns regarding animal well-being.

(D) Family rhinocerotidae

For one animal, the primary enclosure shall be a minimum of one thousand five hundred square feet, and eight feet high. For each additional animal, the primary enclosure shall be increased by seven hundred fifty square feet.

(E) Family bovidae; common name: cape buffalo

(1) For one animal, the primary enclosure shall be a minimum of seven hundred square feet and eight feet high. For each additional animal the primary enclosure shall be increased by three hundred fifty square feet.

(2) The animal shall have access to a water source for swimming or mud wallowing.

Last updated March 11, 2026 at 7:54 AM

History

Effective: October 21, 2019
Promulgated Under: 119.03

Ohio Adm.Code 901:1-4-07 Species varanus komodoensis (komodo dragon).

This rule applies exclusively to komodo dragons as dangerous wild animals as defined in division (C) of section 935.01 of the Revised Code.

(A) Primary enclosure shall be constructed of concrete, three eighths inch plexiglass, or a combination of these or other material equivalent to nine gauge diameter chain link in strength.

(B) The primary enclosure shall be a minimum of two hundred square feet and shall be at least six feet high. For each additional animal, the primary enclosure shall be increased by one hundred square feet.

(C) If the primary enclosure is unroofed, the enclosure shall have a cantilever with an electric secondary deterrent on the cantilever.

(D) The primary enclosure is not required to have a shift cage as set forth in rule 901:1-4-01.1 of the Administrative Code.

Last updated February 6, 2024 at 9:35 AM

History

Effective: July 18, 2013
Promulgated Under: 119.03

Ohio Adm.Code 901:1-4-08 Order - crocodilia; family - alligatoridae (excluding dwarf caiman); family - crocodylidae; family - gavialidae.

This rule applies exclusively to the species listed as dangerous wild animals in divisions (C)(15) to (C)(18) of section 935.01 of the Revised Code.

(A) Primary enclosure shall be constructed of concrete, three eighths inch plexiglass, or a combination of these or other material equivalent to nine gauge chain link in strength and be of sufficient height to prevent escape.

(B) The primary enclosure is not required to have a shift cage as set forth in rule 901:1-4-01.1 of the Administrative Code.

(C) Animals regulated by this rule shall have their length measured as the distance between snout and vent unless otherwise specified.

(D) The dry space in the primary enclosure shall be at least two times the length and width of the largest animal in the enclosure. All animals shall be able to stretch out without touching each other.

(E) The water space in the primary enclosure shall be at least two times the length of the largest animal in the enclosure and the animal shall be able to submerge at least six inches under water. All animals shall be able to submerge at the same time without touching each other.

(F) Animals regulated by this rule that are less than four feet in total length, measuring snout to end of the tail, must be kept in a plexiglass or equivalent strength containment that prevents escape and ensures public safety.

Last updated September 9, 2025 at 10:37 AM

History

Effective: July 18, 2013
Promulgated Under: 119.03

Ohio Adm.Code 901:1-4-09 Nonhuman primates.

This rule applies exclusively to the species listed as dangerous wild animals in divisions (C)(19) to (C)(20) of section 935.01 of the Revised Code.

(A) Each primary enclosure shall have multiple elevated platforms that shall accommodate all animals in the enclosure simultaneously.

(B) Each primary enclosure shall have a visual barrier that provides a retreat area for the animal.

(C) A primary enclosure that is within a solid secondary enclosure is not required to have a shelter as defined in paragraph (L) of rule 901:1-4-01 of the Administrative Code.

(D) A primary enclosure housing the species described in paragraphs (I) to (L) of this rule is not required to have a shift cage or safety entrance as set forth in rule 901:1-4-01.1 of the Administrative Code.

(E) Permit holders possessing more than one of the animals regulated under this rule shall house them in stable pairs or groups of compatible individuals; except where single housing is justified based on social incompatibility resulting from inappropriate behavior or veterinary concerns regarding animal well-being.

(F) Sub-family - cercopithecinae; common names: guenons, vervets, baboons, macaques; sub-family - colobinae; common names: colobuses, langurs, proboscis monkeys; family - hylobatidae; common names: gibbons, siamangs.

(1) The primary enclosure shall be constructed of at least nine gauge wire mesh or its equivalent.

(2) The primary enclosure shall be a minimum of one hundred square feet with a roof, and have eight feet of useable climbing vertical height. For each additional animal the primary enclosure shall be increased by twenty five square feet.

(3) Fencing may be on either side of the vertical posts.

(G) Sub-family - homininae; common names: chimpanzees, bonobos; sub-family - ponginae; common name: orangutans.

(1) The primary enclosure shall be constructed of steel bars, two inch diameter galvanized pipe, six gauge diameter chain link, masonry block or their equivalent.

(2) The primary enclosure shall be a minimum of three hundred square feet with a roof, and have eight feet of useable climbing vertical height. For each additional animal the primary enclosure shall be increased by seventy five square feet.

(H) Sub-family - gorillinae; common name: gorilla

(1) The primary enclosure shall be constructed of steel bars, two inch diameter galvanized pipe, six gauge diameter chain link, masonry block or their equivalent.

(2) The primary enclosure shall be a minimum of four hundred square feet with a roof, and have eight feet of useable climbing vertical height. For each additional animal the primary enclosure shall be increased by seventy five square feet.

(I) Family - callitrichidae; common names: golden lion, black faced lion, golden-rumped lion, cotton top, emperor, saddleback, black mantled, and geoffroy's tamarin; family - aotidae; common names: southern and northern night monkey;

(1) The primary enclosure shall be constructed of at least eleven and one half gauge wire mesh or its equivalent.

(2) The primary enclosure shall be a minimum of nine square feet with a roof, and have six feet of useable climbing height. For each additional animal the primary enclosure shall be increased by two and one fourth square feet.

(3) Fencing may be on either side of the vertical posts.

(J) Family - pitheciidae; common names: dusky titi and masked titi.

(1) The primary enclosure shall be constructed of at least eleven and one half gauge wire mesh or its equivalent.

(2) The primary enclosure shall be a minimum of sixteen square feet with a roof, and have six feet of useable climbing height. For each additional animal the primary enclosure shall be increased by four square feet.

(3) Fencing may be on either side of the vertical posts.

(K) Sub-family - pitheciinae; common names: white faced, black bearded, white-nose bearded, and monk sakis; bald urakis.

(1) The primary enclosure shall be constructed of at least eleven and one half gauge wire mesh or the equivalent.

(3) Fencing may be on either side of the vertical posts.

(L) Family - atelidae; common names: mariqui; black-handed, white-bellied, brown-headed, black spider; red, black and mantled howler; sub-family - atelinae; common name: common woolly; sub-family - pitheciinae; common name: black uakaris

(1) The primary enclosure shall be constructed of at least nine gauge wire mesh or the equivalent.

(2) The primary enclosure shall be a minimum of sixty-four square feet with a roof, and have six feet of useable climbing height. For each additional animal the primary enclosure shall be increased by sixteen square feet.

(3) Fencing may be on either side of the vertical posts.

Last updated November 5, 2025 at 9:00 AM

History

Effective: November 1, 2025
Promulgated Under: 119.03

Ohio Adm.Code 901:1-4-10 Recordkeeping.

(A) Permit holders shall monitor and maintain records appropriate to the species documenting the unique identification for each animal as described in divisions (B)(3) and (D) of section 935.04 of the Revised Code, and the acquisition and disposition of each animal. If any venomous snake is possessed, owner must also maintain records regarding the appropriate anti-venom and its location for each snake.

(B) Cleaning and feeding schedules, veterinary care, and pest control records shall be kept at the facility at which the animal is housed and available upon request during inspections. These records must be retained for one year past the expiration of the permit and any subsequent renewals.

(C) An owner applying for a renewal of their existing permit shall identify additional animals not on the original registration permit.

(D) Records required by division (A) of section 935.15 of the Revised Code shall be:

(1) Kept at the facility at which the animal is housed;

(2) Submitted to the department within thirty days; and

(3) Retained for one year past the expiration of the permit and any subsequent renewals.

Last updated November 3, 2025 at 7:57 AM

History

Effective: November 1, 2025
Promulgated Under: 119.03

Ohio Adm.Code 901:1-4-11 Transportation.

(A) Transportation of animals shall comply with the United States Animal Welfare Act transportation standards or the international air transportation association standards.

(B) Certificates of veterinary inspection and required transport permits must accompany the shipment and must be in compliance with all applicable state, national, or international requirements.

(C) The animal's cage or enclosure shall be of sufficient strength and security to prevent escape and large enough to ensure that each animal has sufficient space to turn, stand erect, and lie naturally. However, certain species may be restricted in their movements according to professionally acceptable standards when such freedom of movement would constitute a danger to the animals, their handlers, or other persons.

(D) Animal transportation must be conducted in a manner that is safe, well-planned, coordinated, and minimizes distress to the animal.

(E) Animals in transit must be checked on every four hours to assure they are receiving sufficient air for normal breathing and they are being protected from adverse weather conditions.

(F) Animals must be transported in double containment (primary and secondary enclosures.) The vehicle, if fully enclosed, may serve as the secondary enclosure. The primary enclosure must be constructed so that no body part can protrude from the enclosure.

(G) The animal containment area shall be free of engine exhaust fumes.

(H) Only one nonhuman primate, including a female in estrus, shall be transported in a primary enclosure, except for:

(1) A mother and nursing infant;

(2) A male/female pair or a family group; and

(3) A compatible pair of juveniles that have not reached puberty.

(I) Animals transported in the same primary enclosure shall be of the same species and maintained in compatible groups.

(J) Animals that have not reached puberty shall not be transported in the same primary enclosure with adult animals other than their dams.

(K) Animals must be placed in a primary enclosure that prevents the leaking of excreta with floors that:

(1) Have a solid, leak proof bottom; which contains a sufficient amount of clean absorbable litter which is safe and non-toxic to cover the excreta; or,

(2) Have a removable leak proof collection tray under a slatted or wire mesh floor.

(L) Animals shall be watered within four hours prior to being transported and every twelve hours thereafter and fed every twenty four hours unless directed by a licensed veterinarian.

(M) Nonhuman primates that are more than one year of age must be fed every twenty four hours; and if less than one year, they must be fed every twelve hours. They must be watered every twelve hours.

(N) The transporter must have an emergency plan.

Last updated September 9, 2025 at 10:37 AM

History

Effective: July 18, 2013
Promulgated Under: 119.03

Ohio Adm.Code 901:1-4-12 Signs.

(A) Signs required by this rule shall be in capital letters, measuring at least three quarters of an inch in width and height; and, all lettering shall be black or red print on a white background.

(B) At each normal entrance onto property on which any dangerous wild animal or restricted snake is confined, the owner shall have continuously posted and displayed a conspicuous sign, clearly visible, and easily readable by the public, warning that there is a dangerous wild animal or restricted snake on the premises.

Signs shall state as appropriate:

(1) "WARNING: DANGEROUS WILD ANIMAL (S) ON PREMISES";

(2) "WARNING: VENOMOUS SNAKE (S) ON PREMISES"; or,

(3) "WARNING: LARGE CONSTRICTOR SNAKE (S) ON PREMISES".

(C) On each primary enclosure in which a dangerous wild animal is confined, the owner shall have continuously posted and displayed a conspicuous sign, clearly visible, and easily readable.

Signs shall state "WARNING: _______", with the last word to indicate the type of dangerous wild animal that is being confined. The type of animal may be preprinted on the sign or handwritten.

(D) On each primary enclosure in which a restricted snake is confined, the owner shall have continuously posted and displayed a conspicuous sign, clearly visible, and easily readable.

Signs shall state:

(1) "WARNING: _______", with the last word to indicate the type of restricted snake that is being confined. The type of snake may be preprinted on the sign or handwritten.; and,

(2) If the snake is venomous, the sign must also state "VENOMOUS SNAKE: If bitten, antivenom: _____. TAKE THIS SIGN WITH YOU TO ASSIST IN MEDICAL TREATMENT.", and state the antivenom to be used in the case of a bite and the location of antivenom. If antivenom is kept at a hospital, the sign shall list emergency contact information for the hospital.

In case of venomous snake bite, the sign specified in this paragraph may be removed and taken with person requiring medical treatment. Sign must be replaced as soon as practical after medical emergency.

(E) Anytime a dangerous wild animal or restricted snake is transported by vehicle, the vehicle must have a sign conspicuously displayed that meets the same requirements for the signs posted outside the animal's cage or container in paragraphs (B) and (C) of this rule.

(F) Nothing in this rule precludes the dangerous wild animal owner or restricted snake owner from posting other signs, so long as the signs required by this rule are not obscured or rendered inconspicuous.

Last updated September 9, 2025 at 10:37 AM

History

Effective: July 18, 2013
Promulgated Under: 119.03

Ohio Adm.Code 901:1-4-13 Examinations.

(A) As provided for in division (B)(6) of section 935.05 of the Revised Code and division (B)(5) of section 935.08 of the Revised Code, an applicant for a wildlife shelter permit, a wildlife propagation permit, a restricted snake possession permit, or a restricted snake propagation permit may take a written examination in lieu of proving two years experience in the care of the dangerous wild animals or restricted snakes that are the subject of the application.

(B) Opportunity to take examinations will be provided at such times as determined by the director taking into consideration the number of requests received by the department.

(C) No less than thirty days prior to an examination, the dates will be announced on the department's website and the pending applicants will be informed by electronic mail.

(D) Applicants who fail to pass an examination may apply to be re-tested at the next scheduled examination.

(E) Each examination shall consist of a core examination that will assess the applicant's knowledge of the duties and responsibilities of permit holders specific to the type of permit for which the applicant is applying.

(F) All examinations will contain a species specific section, which will assess that applicants have sufficient knowledge to provide for the proper diet, heath care, exercise needs, and housing of the dangerous wild animals or restricted snakes listed on the permit application.

Last updated November 3, 2025 at 7:57 AM

History

Effective: November 1, 2025
Promulgated Under: 119.03

Ohio Adm.Code 901:1-4-14 Species Survival Program.

Wildlife propagation permit applicants shall include with the permit application or renewal a species survival program plan as defined by this rule.

(A) A species survival program shall be developed in cooperation with a veterinarian and approved by the chief of the division of animal health.

(B) The wildlife propagation permit shall include the veterinarian's approval of the species survival program.

(C) The species survival program shall be for animals designated as endangered by the convention on international trade in endangered species of wild fauna and flora (CITES).

(D) The species survival program shall be based on generally accepted scientific understanding and include protocols for at least:

(1) A population of sufficient number for a breeding program;

(2) Sufficient genetic diversity for expansion of the species;

(3) Breeding as a means of increase the species population and maintaining genetic diversity; and,

(4) Placement of surplus breeding stock.

(E) The species survival program shall be reviewed annually with the permit holder's veterinarian, and the permit renewal form shall include the veterinarian's approval of the continuing program.

(F) Animals bred through the species survival program may be placed into a species survival program:

(1) As permitted by the United State fish and wildlife service or CITES; or,

(2) Approved by the association of zoos and aquariums or zoological association of America.

Last updated September 9, 2025 at 10:37 AM

History

Effective: July 18, 2013
Promulgated Under: 119.03

Ohio Adm.Code 901:1-4-15 Wildlife shelter and wildlife propagation permits.

(A) An applicant for a wildlife shelter permit or wildlife propagation permits shall file an application for a permit with the director of agriculture on a form prescribed and provided by the director. In addition to the information required by sections 935.05 and 935.07 of the Revised Code, the application shall include all of the following:

(1) A declaration as to whether the applicant will have employees working on their behalf;

(2) A declaration as to whether the applicant has used equivalent materials as defined in rule 901:1-4-01 of the Administrative Code;

(3) An opportunity for the applicant to request the department make a determination as to the suitability of equivalent materials used in the applicant's facility.

(B) An application for a wildlife shelter permit or wildlife propagation permit shall not be considered complete until all of the following have been submitted to the director:

(1) The completed and signed application form;

(2) A completed and signed background check and permission and release form and applicable fee;

(3) Proof of financial responsibility as required in division (B)(5) of section 935.05 of the Revised Code;

(4) If applicable, the written proof of experience with each dangerous wild animal required by division (B)(6) of section 935.05 of the Revised Code;

(5) The written plan of action required in division (B)(7) of section 935.05 of the Revised Code;

(6) The appropriate fee as required in division (C) of section 935.05 of the Revised Code for wildlife shelter permits or division (B) of section 935.07 of the Revised Code for wildlife propagation permits;

(7) The affidavit attesting that the applicant will not allow members of the public to be in contact with a dangerous wild animal required by division (A)(5) of section 935.06 of the Revised Code; and,

(8) The affidavit attesting that the applicant will maintain the facility in which the dangerous wild animals are to be kept in accordance with Chapter 935. of the Revised Code and Chapter 901:1-4 of the Administrative Code, as required by division (A)(8) of section 935.06 of the Revised Code.

(9) For wildlife shelter permit applications, the applicant has signed an affidavit attesting that each dangerous wild animal that is possessed by the applicant has been sterilized. However, a dangerous wild animal is not required to be sterilized if a veterinarian that is qualified to provide veterinary care to the dangerous wild animal determines that the sterilization is medically contraindicated and the applicant has submitted a copy of the veterinarian's written determination with the applicant's application.

Last updated November 3, 2025 at 7:58 AM

History

Effective: November 1, 2025
Promulgated Under: 119.03

Ohio Adm.Code 901:1-4-16 Rescue facility permit.

(A) An applicant for a rescue facility permit shall file an application for a permit with the director of agriculture on a form prescribed and provided by the director. An applicant need apply for only one permit regardless of the number of dangerous wild animals that the applicant possesses. The application shall include all of the following:

(1) The name, date of birth, address, social security number, and federal employer identification number, if applicable, of the applicant;

(2) If different from the information provided under paragraph (A)(1) of this rule, the name and address of the location where each dangerous wild animal will be confined;

(3) A description of each dangerous wild animal, including the scientific and common names, the name that the applicant has given the animal, the animal's sex, age, color, weight, and any distinguishing marks or coloration that would aid in the identification of the animal;

(4) The identification number of a microchip that is implanted in each dangerous wild animal and the frequency of the passive integrated transponder contained in the microchip;

(5) A plan of action to be undertaken if a dangerous wild animal escapes;

(6) Proof that the applicant has established a veterinarian-client relationship as described in section 4741.04 of the Revised Code with regard to each dangerous wild animal;

(7) A declaration as to whether the applicant has ever been convicted of a felony, or any crime related to cruelty to animals, escape of dangerous animals, or prohibitions concerning companion animals;

(8) A declaration as to whether the dangerous wild animals have previously been registered with the department;

(9) A declaration that each dangerous wild animal has been sterilized, or that such sterilization is medically contraindicated;

(10) A declaration as to whether the applicant will have employees working on their behalf;

(11) An attestation as to whether the applicant has used equivalent materials as defined in rule 901:1-4-01 of the Administrative Code;

(12) A declaration as to whether the applicant is in compliance with the housing and care standards set forth in Chapter 901:1-4 of the Administrative Code; and,

(13) A declaration that the applicant will not allow public contact with the dangerous wild animals.

(14) An opportunity for the applicant to request the department make a determination as to the suitability of equivalent materials used in the applicant's facility.

(B) Not later than ninety days after receipt of an application under section 935.101 of the Revised Code, the director of agriculture shall issue or deny a rescue facility permit. The director shall issue a permit to an applicant only if all of the following apply:

(1) The applicant is eighteen years of age or older.

(2) The applicant is in compliance with the standards of care established in this chapter.

(3) The applicant has signed an affidavit attesting that each dangerous wild animal that is possessed by the applicant has been sterilized. However, a dangerous wild animal is not required to be sterilized if a veterinarian that is qualified to provide veterinary care to the dangerous wild animal determines that the sterilization is medically contraindicated and the applicant has submitted a copy of the veterinarian's written determination with the applicant's application.

(4) The applicant has signed an affidavit attesting that the applicant will not allow members of the public to be in physical contact with a dangerous wild animal possessed by the applicant. This paragraph does not apply to an employee of the applicant or a volunteer who has entered into a written agreement with the applicant to work for or volunteer for the applicant and assists in the care of a dangerous wild animal or animals specified in division (C)(20) of section 935.01 of the Revised Code possessed by the applicant if the care is provided under the direction of the applicant.

(5) The applicant has signed an affidavit attesting that the facility at which a dangerous wild animal or dangerous wild animals will be maintained under the permit and the conditions in which each dangerous wild animal will be kept in that facility are in compliance with this chapter and rules.

(6) The applicant has submitted a complete application that meets the requirements established in section 935.101 of the Revised Code and this rule.

(7) The applicant has submitted the applicable fee under section 935.101 of the Revised Code.

If a permit is issued, the director shall assign a unique identification number to the permit.

(C) Not later than the first day of December of each year, a permit holder shall apply to the director, on a form prescribed and provided by the director, for a renewal of the permit if the permit holder intends to retain possession of the dangerous wild animal or animals that are identified in the permit.

(D) Not later than thirty days after receipt of an application for renewal, the director shall renew or deny the renewal of the permit. The director shall renew the permit if the permit holder complies with this chapter and rules and pays a renewal fee in the same amount as the fee established for the initial permit in section 935.101 of the Revised Code.

(E) If a renewal permit is denied, two hundred fifty dollars of the renewal fee shall be retained by the director as payment for the reasonable expense of processing the application, and the remainder of the renewal fee shall be returned to the applicant.

(F) If the director denies an application for a permit or a renewal of a permit, the director shall notify the person of the denial, the grounds for the denial, and the person's right to an adjudication under Chapter 119. of the Revised Code.

(G) If a person does not appeal the determination of the director to deny an application for a permit or a renewal of a permit or if the determination of the director is affirmed under Chapter 119. of the Revised Code, not later than thirty days after the decision not to appeal or after the determination is affirmed, as applicable, the person shall transfer the dangerous wild animal or animals that the person possesses to a humane society, wildlife sanctuary, rescue facility, facility that is an accredited member of either the association of zoos and aquariums or the zoological association of America, or facility that is located in another state and that complies with that state's applicable laws. After the transfer has occurred, the person shall submit proof to the director that the dangerous wild animal or animals were transferred and shall specify the society, sanctuary, or facility to which the animal or animals were transferred.

The person is responsible for all costs associated with the transfer of the dangerous wild animal or animals.

(H) If a person that has been issued a rescue facility permit under section 935.101 of the Revised Code dies, the person's next of kin shall do one of the following:

(1) If the next of kin wishes to possess the dangerous wild animal or animals, obtain a rescue facility permit under section 935.101 of the Revised Code. That next of kin shall comply with this chapter and rules, except that, with respect to the next of kin's initial permit, the person need not pay the applicable permit application fee.

(2) If the deceased person has a last will and testament that specifies that the dangerous wild animal or animals possessed by the person are to be transferred to another person that has been issued a wildlife shelter permit, wildlife propagation permit, or rescue facility permit issued under this chapter, transfer the dangerous wild animal or animals to the applicable permit holder;

(3) Transfer the dangerous wild animal or animals that were possessed by the deceased person in accordance with paragraph (G) of this rule.

(I) All fees collected under this section shall be credited to the dangerous and restricted animal fund created in section 935.25 of the Revised Code.

Last updated November 5, 2025 at 9:01 AM

History

Effective: November 1, 2025
Promulgated Under: 119.03

Ohio Adm.Code 901:1-4-17 Civil penalties.

Pursuant to division (B)(1) of section 935.24 of the Revised Code, the following schedule of fines for violations of sections 935.02 to 935.24 of the Revised Code and Chapter 901:1-4 of the Administrative Code is established.

(A) After notice and opportunity for hearing pursuant to Chapter 119. of the Revised Code, all fines are assessed on the owner of the dangerous wild animal or restricted snake, and shall be paid by the owner within thirty days of receipt of order imposing the fine from the director of the department.

(B) Any violation of the prohibitions listed in divisions (A), (B), (C), (E), (F), and (G) of section 935.18 of the Revised Code shall be subject to a fine of not more than one thousand dollars for the first violation and not more than ten thousand dollars for each subsequent violation of the same section or rule that occurs within two years of the first violation or preceding subsequent violation.

(C) Any violation of the prohibition listed in division (D) of section 935.18 of the Revised Code shall be subject to a fine of not more than five thousand dollars for the first violation, and not more than ten thousand dollars for each subsequent violation of the same section or rule that occurs within two years of the second violation or preceding subsequent violation:

Last updated September 9, 2025 at 10:38 AM

History

Effective: July 18, 2013
Promulgated Under: 119.03

Ohio Adm.Code 901:1-4-18 Compensation of a facility.

(A) Pursuant to division (K) of section 935.20 of the Revised Code, the director shall maintain a list of facilities that are determined by the director to be eligible to accept dangerous wild animals and restricted snakes for the purposes of section 935.20 of the Revised Code.

(B) Facilities that accept dangerous wild animals and restricted snakes pursuant to paragraph (A) of this rule may be compensated for the expenses of transportation to and stabilization of the dangerous wild animal or restricted snake at the facility.

(C) Compensation is at the sole discretion of the director and must be requested by the facility before transfer of the animal to the facility.

Last updated September 9, 2025 at 10:38 AM

History

Effective: July 18, 2013
Promulgated Under: 119.03

Ohio Adm.Code 901:1-4-19 Restricted snake permits.

(A) An applicant for a restricted snake possession permit or a restricted snake propagation permit shall file an application for a permit with the director of agriculture on a form prescribed and provided by the director.

(B) In addition to the information required by section 935.08 of the Revised Code, an application for a restricted snake possession permit or a restricted snake propagation permit shall not be considered complete until all of the following have been submitted to the director:

(1) The completed and signed application form;

(2) A completed and signed background check and permission and release form and applicable fee;

(3) If applicable, the written proof of experience with each restricted snake required by paragraph (B)(5) of section 935.08 of the Revised Code;

(4) The written plan of action required in paragraph (B)(6) of section 935.08 of the Revised Code;

(5) The appropriate fee as required in paragraph (C) of section 935.08 of the Revised Code;

(6) Proof of financial responsibility as required in paragraph (D) of section 935.08 of the Revised Code;

(7) The affidavit attesting that the applicant will not allow members of the public to be in contact with a restricted snake required by division (A)(2) of section 935.09 of the Revised Code;

(8) A declaration as to whether the applicant will have employees working on their behalf;

(9) The affidavit attesting that the applicant will maintain the facility in which the restricted snakes are to be kept in accordance with Chapter 935. of the Revised Code and Chapter 901:1-4 of the Administrative Code, as required by division (A)(4) of section 935.09 of the Revised Code; and

(10) Photographs of the restricted snakes. Photographs must be of sufficient quality to determine the identity of the animals. Submission of photos which are blurry or not of sufficient quality will not be accepted.

(C) A person issued a restricted snake possession permit or restricted snake propagation permit shall comply with the "Zoological Association of America: Accreditation Standards," 2025 edition, regarding care and housing.

Last updated November 5, 2025 at 9:01 AM

History

Effective: November 1, 2025
Promulgated Under: 119.03

Chapter 901:1-5 Brucellosis

Ohio Adm.Code 901:1-5-01 Definition of "brucellosis test".

(A) As used in rules 901:1-5-01 to 901:1-5-09.

(1) "Brucellosis test" means one of the following approved tests conducted by an approved laboratory or by the laboratory operated by the department of agriculture:

(a) Standard tube agglutination test;

(b) Buffered acidified plate antigen test;

(d) Fluorescent polarization assay.

(2) "Approved laboratory" means a laboratory that maintains current United States department of agriculture (USDA) animal and plant health inspection service (APHIS) approval for testing Brucella abortus. Approved laboratories are listed at https://www.aphis.usda.gov/labs/approved-testing-labs. The list is also available upon request from the national veterinary services laboratories (NVSL) if the link breaks due to USDA website changes.

(3) "Chief" means the chief of the division of animal health within the Ohio department of agriculture as described in section 941.02 of the Revised Code.

(B) The department may classify animals as positive based upon any one of the following test results:

	Not Official Brucellosis Vaccinate	Official Brucellosis Vaccinate
Rivanol	+ 1/25	+1/25
Complement fixation	+ 1/20	+ 1/40

(C) The department shall classify any animal from which a Brucella sp. organism is isolated by bacteriological techniques as positive regardless of brucellosis test results or brucellosis vaccination status.

(D) The department may reclassify positive animals to suspect pending further tests and examination.

(E) Swine and herds of swine shall be classified as follows:

(1) "Positive" swine means:

(a) Any swine disclosing a complete agglutination reaction in the blood titer dilution of 1:100 or higher;

(b) Any swine in an infected herd or herd of unknown status having a complete reaction in the 1:25 dilution or higher; or

(2) "Negative" swine means:

(a) Any swine from an infected herd or herd of unknown status that:

(i) Discloses no reaction or less than complete agglutination in the blood titer dilution of 1:25; or

(ii) Discloses a negative card test reaction;

(b) Any swine from a validated or negative herd that:

(i) Discloses no reaction or less than complete agglutination in the blood titer dilution of 1:100; or

(ii) Discloses a negative card test reaction.

(3) "Suspect" swine means any swine not classed as positive or negative to a brucellosis test.

(4) "Infected herd" means any herd in which one or more swine show:

(a) A complete agglutination reaction in the blood titer dilution of 1:100 or higher; or

(b) A positive reaction to the card test.

(5) "Negative herd" means any herd in which no swine:

(a) Have agglutination reactions higher than incomplete at the 1:100 dilution; or

(b) Are found positive to the card test.

(F) Swine classed as positive or suspect shall be officially identified as approved by the department.

(G) No person shall move swine classified as positive, suspect, or exposed to brucellosis, without prior written permission from the department.

Last updated July 20, 2026 at 8:02 AM

History

Effective: July 17, 2026
Promulgated Under: 119.03

Ohio Adm.Code 901:1-5-09

(A) The division of animal health may validate or revalidate a herd of swine as Brucellosis-free on the basis of a negative herd test on all breeding animals six months of age and over in the herd. Validation shall be effective for three hundred sixty-five days and applies to all offspring of such herds.

(B) The division of animal health shall suspend the validation of a herd if each addition to the herd is not:

(1) A natural herd addition; or

(2) From a herd with equal validated status; or

(3) An animal for which evidence is available that it passed negative Brucellosis tests:

(a) Within thirty days prior to addition to the herd; and

(b) Not less than sixty days after addition to the herd; and

(1) Shall revoke the validation; and

(2) May revalidate the herd only after two consecutive negative tests of all breeding animals in the herd six months of age and over, conducted no less than ninety nor more than one hundred twenty days apart.

Last updated July 20, 2026 at 8:02 AM

History

Effective: July 17, 2026
Promulgated Under: 119.03

Ohio Adm.Code 901:1-5-02 Definition of "official brucellosis vaccinate".

(A) "Official brucellosis calfhood vaccinate" means a female bovine or bison animal:

(1) To which an approved brucella biologic was administered by a licensed accredited veterinarian, an employee of the division of animal health at the Ohio department of agriculture, or an employee of the United States department of agriculture veterinary services representative, in accordance with the manufacturers' recommendations when the animal was:

(a) Not less than one hundred twenty days of age nor more than one hundred eighty days of age for dairy breeds; or

(b) Not less than one hundred twenty days nor more than two hundred forty days for beef breeds; or

(2) Which is listed as an official brucellosis calfhood vaccinate in the state or country of origin.

(3) Which does not meet the age requirements of paragraph (A)(1)(a) or (A)(1)(b) of this rule but is intended for interstate movement and meets the age requirement of the receiving state for official brucellosis calfhood vaccinates provided:

(a) The chief has approved the vaccination; and

(b) The vaccination was done by a person meeting the requirements of paragraph (A)(1) of this rule; and

Any animals vaccinated in accordance with the provisions of this paragraph that are not shipped to the receiving state within seven days of the date of vaccination shall not be used for any purpose other than finish feeding to slaughter.

(B) Any licensed accredited veterinarian who administers an approved brucella biologic to any animal within the state of Ohio shall:

(1) Identify each animal with an individual official identification in the right ear consisting of an official eartag, or an existing official eartag; and

(2) Mark the right ear with a vaccination tattoo code consisting of three sections. The first section shall be an "R" designating the use of the RB51 brucella vaccine. The second section shall be the letter "V," enclosed in a shield, and the third shall be the last digit of the year in which the biologic is administered.

(C) Upon request the chief may grant written permission to vaccinate animals not eligible for vaccination under paragraph (A)(1) or (A)(3) of this rule.

(D) No person shall administer, or permit the administration of, an approved brucella biologic to:

(1) A male bovine or bison animal; or

(2) Any female bovine or bison animal except as stipulated in paragraphs (A) and (C) of this rule.

Last updated July 20, 2026 at 8:01 AM

History

Effective: July 17, 2026
Promulgated Under: 119.03

Ohio Adm.Code 901:1-5-03 Brucellosis herd test.

(A) A brucellosis herd test of cattle includes a test of each bovine animal six months of age or older except steers, spayed heifers and official brucellosis vaccinates under twenty-four months of age. A brucellosis herd test of cattle shall include a test of each official brucellosis vaccinate over twenty months of age.

(B) A brucellosis herd test of swine includes a test of each breeding swine six months of age and older.

(C) Any veterinarian who submits samples for a brucellosis test, shall include in the report required by division (C) of section 941.24 of the Revised Code:

(1) The name and address of the owner;

(2) Date of test or sample collection; and

(3) Official identification, age, sex, and breed of each individual animal tested or sampled.

Last updated July 20, 2026 at 8:01 AM

History

Effective: July 17, 2026
Promulgated Under: 119.03

Ohio Adm.Code 901:1-5-04 Quarantining for brucellosis.

(A) The chief shall place under quarantine any premises on which brucellosis is suspected or known to exist.

(B) The chief or the chief's designee may release any premises from quarantine upon evidence of a complete negative herd test made not less than sixty days following the removal of all reactor animals.

Last updated July 20, 2026 at 8:02 AM

History

Effective: July 17, 2026
Promulgated Under: 119.03

Ohio Adm.Code 901:1-5-06 Designating herd to be certified brucellosis free.

(A) The division of animal health may designate a herd of cattle to be certified brucellosis free if:

(1) The herd passed at least two consecutive negative herd blood tests which were not less than twelve months nor more than eighteen months apart; and

(2) All herd blood tests were conducted at an approved laboratory or a laboratory operated by the department.

(B) The division of animal health may recertify a herd as brucellosis free for three hundred sixty-five days if:

(1) It passes a negative herd blood test prior to the end of four hundred twenty-five days after the date of the certification or recertification test; and

(2) All herd blood tests were conducted at an approved laboratory or a laboratory operated by the department.

(1) One positive animal, the division of animal health shall:

(a) Suspend the certified brucellosis free status of the herd; and

(b) Continue the suspension until the herd passes a negative whole herd blood test conducted at least sixty days following removal of the positive.

(2) More than one positive the division of animal health shall:

(a) Suspend the certified brucellosis free status of the herd; and

(b) Require that the herd comply with all requirements stated in paragraph (A) of this rule before the division of animal health may recertify the herd as brucellosis free.

(3) One or more suspects the division of animal health shall suspend the certified brucellosis free status of the herd. Prior to recertification of the herd, the following shall be required:

(a) Each suspect be classified as negative to a brucellosis test; or

(b) A complete negative whole herd blood test if any suspect is not available for retest, unless the suspect not available has been identified as an official brucellosis vaccinate.

(D) The department shall suspend the certified brucellosis free status of a herd if each addition to the herd is not:

(1) A natural herd addition;

(2) From a herd with equal brucellosis free status; or

(3) An animal which tests negative for brucellosis:

(a) Thirty days prior to addition to the herd;

(b) Not less than sixty days after addition to the herd; and

(E) The division of animal health shall not grant status as a member of the certified brucellosis free herd, for sale purposes, to any animal added to the herd under paragraph (D)(3) of this rule until the animal:

(1) Has tested negative for brucellosis within sixty to one hundred twenty days after being added to the herd; and

(2) Has been included in a complete herd retest.

(F) The department may conduct additional blood tests of any certified brucellosis free herd at any time which the department deems advisable.

Last updated July 20, 2026 at 8:02 AM

History

Effective: July 17, 2026
Promulgated Under: 119.03

Ohio Adm.Code 901:1-5-12 Brucella canis.

(A) Brucella canis tests.

(1) As used in this rule, a "brucella canis test" means one of the following:

(a) An indirect fluorescent antibody test (IFA test);

(b) A tube agglutination test (TAT test); or

(2) "Accredited laboratory" means a laboratory which maintains current accreditation through the international organization for standardization (ISO) or the American association of veterinary laboratory diagnosticians (AAVLD).

(3) The tests contained in paragraphs (A)(1)(a) to (A)(1)(c) of this rule may only be conducted by an accredited laboratory or the Ohio department of agriculture's diagnostic laboratory.

(4) Accredited laboratories or the Ohio department of agriculture's diagnostic laboratory may combine no more than five samples for IFA testing. If the composite sample is positive for brucella canis, each canine sample making up the composite sample must be tested individually.

(5) Any blood samples which are taken to conduct a brucella canis test shall only be taken by an accredited veterinarian or by a registered veterinary technician who is supervised by an accredited veterinarian.

(6) A validated testing methodology approved and administered by the Ohio department of agriculture's diagnostic laboratory.

(B) Brucella canis classifications.

(1) Suspect.

(a) A canine shall be classified as brucella canis suspect, if the canine tests positive for brucella canis using the following tests:

(i) An IFA test; or

(ii) A TAT test, at dilutions of 1:50 or 1:100.

(b) A canine which has been classified as brucella canis suspect according to paragraph (B)(1)(a)(i) or (B)(1)(a)(ii) of this rule, shall either:

(i) Be referred to the Ohio department of agriculture for confirmation of the canine's brucella canis status; or

(ii) Be humanely euthanized.

(2) Negative.

A canine shall be classified as brucella canis negative if, through tests conducted by the Ohio department of agriculture's diagnostic laboratory or an accredited laboratory, the canine tests negative for brucella canis using the following tests:

(a) An IFA test; or

(b) A TAT test.

(3) Positive.

A canine shall be classified as brucella canis positive if, through tests conducted by the Ohio department of agriculture or an accredited laboratory, the canine tests positive for brucella canis using the following tests:

(a) A TAT test, at dilutions 1:200; or

(b) A brucella canis culture test.

(4) Reclassification.

Brucella canis positive animals may be reclassified by the Ohio department of agriculture to brucella canis suspect pending the following:

(a) The animal's history;

(b) Clinical signs of the animal;

(d) An epidemiological study of the animal;

(e) Examination; and

(f) Further testing at the discretion of the Ohio department of agriculture.

(1) All accredited veterinarians who conduct a brucella canis test, submit a sample for brucella canis testing, or employ any other method of detection for brucella canis, shall include in the report to the Ohio department of agriculture, the following information:

(a) Name, mailing address and residence address of the canine's owner;

The residence address of the animal if different from the canine's owner;

(b) Date of test or sample collection;

(c) Official identification as outlined in paragraph (C)(4) of this rule, sex, and breed of each individual animal tested or sampled; and

(d) The results of the test performed, if available.

(2) All accredited veterinarians who conduct brucella canis testing or submit samples for brucella canis testing at a laboratory other than the Ohio department of agriculture's diagnostic laboratory shall report the results of the tests to the Ohio department of agriculture within seven days. The report shall include all information contained in paragraphs (C)(1)(a) to (C)(1)(d) of this rule and be submitted electronically to the state veterinarian's office.

(3) All accredited veterinarians who draw blood for brucella canis testing shall submit the blood sample to an accredited laboratory within seven days.

(4) An accredited veterinarian must identify any canine to be tested for brucella canis with any of the following items which are approved by the Ohio department of agriculture:

(a) A microchip;

(b) A collar affixed around the dog's neck with a tag made of metal or aluminum that contains the following engraved, stamped, or imprinted information:

(i) The individual dog's number; and

(ii) The Ohio high volume breeder license number.

(D) Quarantine.

(1) Pursuant to Chapter 941. of the Revised Code, the Ohio department of agriculture shall quarantine any canine on any premises that has been exposed to or diagnosed as brucella canis suspect or brucella canis positive animal.

(2) A whole kennel test is defined as all test-eligible dogs located at a premises being tested within thirty days. Test-eligible dogs are dogs that are six months of age and older.

(3) A brucella canis positive, exposed, or suspect canine shall be released from quarantine upon:

(a) An epidemiological study conducted by the Ohio department of agriculture;

(b) The owner has been advised by the Ohio department of agriculture as to the zoonotic potential; and

(c) Two negative whole kennel IFA or TAT tests at least sixty days apart that were conducted by the Ohio department of agriculture or the national veterinary services laboratory; or

(d) The canine has been humanely euthanized or is otherwise deceased and documented by a licensed veterinarian or confirmed by the Ohio department of agriculture.

(4) Once a canine or a premises is under a quarantine order for brucella canis, all testing must be conducted by the Ohio department of agriculture's diagnostic laboratory or the national veterinary services laboratory in order for the quarantine order to be modified or lifted.

(E) Selling, movement, and disposal of animals.

(1) No canine known to be brucella canis exposed, suspect, or positive shall be offered for sale, trade, barter, or otherwise removed from the premises without prior written permission from the Ohio department of agriculture.

(2) Puppies born to a brucella canis suspect or positive dam shall not be offered for sale, trade, barter, or be removed from the premises unless the dam is later classified as brucella canis negative by the Ohio department of agriculture or the national veterinary services laboratory. These puppies may be isolated and quarantined in accordance with paragraph (D) of rule 901:1-5-12 of the Administrative Code and shall be tested after six months of age and must be re-tested no sooner than sixty days after the initial test in accordance with paragraphs (A)(1)(a) to (A)(1)(c) of this rule.

(3) Puppies under six-months of age which are classified as brucella canis suspect or positive may be re-tested after six-months of age and must be re-tested no sooner than sixty days after the initial test in accordance with paragraphs (A)(1)(a) to (A)(1)(c) of this rule.

Last updated April 1, 2025 at 7:48 AM

History

Effective: April 1, 2025
Promulgated Under: 119.03

Chapter 901:1-6 High Volume Dog Breeders

Ohio Adm.Code 901:1-6-01 Definitions and general considerations.

(A) "Access the outdoors" means allowing the dog to exit the indoor structure or building in which the dog is primarily housed for the purpose of safely experiencing the natural, open air environment.

(B) "Attending veterinarian" means a veterinarian who assumes responsibility for primary care of a patient.

(C) "Clean" means an environmental condition free of unwanted matter: solids, liquids, gases or living organisms that have the potential to cause adverse effects to health and welfare of adult dogs, puppies, and humans.

(D) "Dam" means the female parent of a puppy.

(E) "Enrichment" means any modification in the environment of a confined dog that seeks to enhance the dog's physical and psychological well-being by providing stimuli that meets the dog's breed specific needs.

(F) "Exercise" means activity that allows a dog to expend to full stride, play, and engage in other types of mentally stimulating and social behaviors.

(G) "Housing facility" means any land, premises, shed, barn, building, trailer, or other structure or area which houses or is intended to house adult dogs or puppies.

(H) "Indoor housing" means any structure or building with environmental controls intended to house adult dogs or puppies.

(I) "Inspection veterinarian" means a veterinarian who has entered into a contract or agreement with the director of the Ohio department of agriculture, as defined in division (F)(1) of section 956.10 of the Revised Code, to inspect a high volume dog breeder's facility to ensure compliance with this chapter.

(J) "Outdoor housing" means any structure, building, land, or premises, housing or intended to house adult dogs or puppies, and in which temperatures cannot be controlled within set limits.

(K) "Primary enclosure" means an enclosure that directly houses the adult dog or puppy in which the adult dog or puppy has direct contact with the enclosure material and sufficient space to turn about freely, stand, sit, lie in a comfortable normal position, and walk in a normal manner.

(L) "Sheltered housing" means a facility that consists of runs or pens in a shelter which provides the adult dogs or puppies with protection from the natural elements and protection from temperature extremes at all times. A sheltered housing facility may consist of runs or pens totally enclosed in a barn or building, or of connecting inside/outside runs or pens within a totally enclosed building.

(M) ""Solid flooring" means a material that will not flex under weight, accommodates footing and resting off of open metal floors, and may have perforations large enough to allow only moisture to pass through.

(N) "Weaned" means an adult dog or puppy that is no longer nursing from the adult dog or puppy's dam or foster dam.

(O) Distress occurs when animals are injured, sick, in pain, or are in inappropriate environmental conditions.

(P) Dogs are handled, sorted, and moved in a manner that minimizes distress.

(Q) Dead adult dogs or puppies will be disposed of pursuant to section 941.14 of the Revised Code.

(R) "Veterinary-Client-Patient-Relationship (VCPR)" has the same meaning as defined in section 4741.04 of the Revised Code.

(S) Nothing in the rules adopted in this chapter shall be construed to prevent a licensed veterinarian, or other person acting under the veterinarian's supervision, from meeting the standards set forth in Chapter 4741. of the Revised Code or rules promulgated thereunder.

Last updated January 3, 2023 at 8:42 AM

History

Effective: January 1, 2023
Promulgated Under: 119.03

Ohio Adm.Code 901:1-6-02 Housing.

Unless otherwise specified, all housing for adult dogs and puppies kept by high volume breeders shall meet the minimum requirements listed in this rule.

(A) The housing facility shall be structurally sound and restrict the entry of other animals.

(B) The housing facility and primary enclosures shall be inspected daily and any defects shall be corrected as soon as possible.

(C) Each adult dog or puppy shall have access to and be housed in a primary enclosure which complies with the requirements of this rule.

(D) The primary enclosure shall:

(1) Allow each dog housed in the enclosure to turn in a complete circle, lie down, and fully extend the dog's limbs;

(2) Provide a resting place that has a solid floor large enough to accommodate all adult dogs and puppies in the primary enclosure at the same time and a partial or complete visual barrier. The solid flooring may be removable for cleaning purposes;

(3) Have an interior height at least six inches higher than the head of the tallest adult dog or puppy in the primary enclosure when the tallest adult dog or puppy is in a normal standing position;

(4) Not be stacked on top of another primary enclosure; and

(5) Restrict the entry of other animals.

(E) Primary enclosure size.

As used in paragraphs (E)(1) and (E)(2) of this rule, "dog" means a puppy that is twelve weeks of age or older or an adult dog.

(1) Prior to December 31, 2021, the primary enclosure shall provide each dog with a minimum amount of floor space, in square inches, that is equal to at least two times the following: the square of the length of the dog housed in the enclosure in inches, as measured from the tip of the nose to the base of the tail six inches.

(2) On and after December 31, 2021, the primary enclosure shall provide each dog with a minimum amount of floor space, in square inches, that is equal to at least two times the following: the square of the length of the dog housed in the enclosure in inches, as measured from the tip of the nose to the base of the tail plus nine inches. For each additional dog that is kept or confined in a primary enclosure, the enclosure shall have additional floor space in square inches equal to the following: the square of the length of the dog housed in the enclosure in inches, as measured from the tip of the nose to the base of the tail plus nine inches.

(3) On and after December 31, 2021, weaned puppies up to twelve weeks of age shall be housed in a primary enclosure with a minimum floor space calculated as follows: the square of the length of the puppy housed in the enclosure in inches, as measured from the tip of the nose to the base of the tail, plus six inches.

(F) Flooring.

(1) The primary enclosure shall have a floor that is of a sufficient grid density to preserve the normal mobility and muscle tone of the dog, and does not sag, bend, or bounce.

(2) Open metal floors in primary enclosures shall be coated with a protective coating, and such coating may include but is not limited to plastic, fiberglass, or rubber.

(3) On and after December 31, 2021, the following requirements regarding flooring shall apply:

(a) The minimum floor space provided in accordance with paragraph (E) of this rule shall be solid or consist of slats. If the floor space consists of slats, the high volume breeder shall ensure that all of the following apply:

(i) The spaces between the slats are not more than one-half inch in width.

(ii) The slats are not less than three and one-half inches in width.

(iii) All of the slats run in the same direction.

(iv) The floor is level.

(b) Flooring shall:

(i) Consist of materials that can be cleaned and sanitized.

(ii) Be safe for the breed, size, and age of the dog.

(iii) Be free from protruding sharp objects.

(iv) Be designed so that the paw of the dog is unable to extend through or become caught in the flooring.

(v) Not consist of metal wire, unless the metal is coated with another material and the outer diameter of the coated metal measures six gauge or thicker.

(G) Temperature, ventilation, and lighting shall provide for the health and welfare of the dog by the following:

(1) If climatic or ambient temperatures pose a threat to the health and welfare of the adult dog or puppy, measures shall be taken to regulate the temperature to eliminate the threat. Outdoor housing cannot be used for dogs that cannot tolerate the prevalent temperatures without stress or discomfort, such as short haired breeds, sick, aged or young dogs that are not acclimated. The dog's age, species, breed, overall health and acclimation to the environment shall be taken into consideration;

(2) Dry bedding or other methods of conserving body heat shall be provided when temperatures are below fifty degrees F;

(3) Ventilation shall minimize drafts, odors, dust, ammonia levels, and moisture condensation;

(4) Lighting shall be uniformly diffused throughout the housing facility and provide normal day and night variations by natural or artificial source; and,

(5) Light intensity shall be sufficient for observation and cleaning.

(H) Indoor housing facilities shall:

(1) Constitute an enclosure created by the continuous connection of a roof, walls, floor, and foundation;

(2) Be sufficiently heated and cooled when necessary to protect the dogs from temperature or humidity extremes and to provide for their health and welfare; and

(3) Have at least one door for entry and exit that can be opened and closed, and windows to provide natural light which shall be covered with a transparent material such as glass or hard plastic.

(I) Sheltered housing facilities shall meet the following requirements:

(1) The sheltered part of the housing facility shall be ventilated by windows, doors, vents, fans; a combination of these; or by air conditioning;

(2) The sheltered part of the housing facility shall be sufficiently heated and cooled when necessary to protect the dogs from temperature or humidity extremes to provide for their health and welfare; and,

(3) Outdoor runs shall offer enough protection from the natural elements to accommodate all dogs housed in the primary enclosure in the event indoor access is denied.

(J) Outdoor housing facilities shall:

(1) Be used only if approved by a veterinarian;

(2) Include one or more shelter structures that protect adult dogs or puppies from the natural elements and are accessible to each adult dog or puppy in each outdoor facility; and,

(3) Have shelters that are large enough to allow all adult dogs or puppies in the shelter structure to sit, stand, and lie in a normal manner, and to turn about freely.

(K) Whelping areas shall be provided for all dams with litters and which meet the following requirements:

(1) Allows the dam to lie fully recumbent, stand, turn around and have freedom of position and movement;

(2) Contains all puppies;

(3) Provides some form of solid flooring;

(4) Provides insulation or heat source to prevent dissipation of heat from the whelping area so that all puppies are able to maintain appropriate body temperature;

(5) Permits the dam to temporarily move away from the puppies as the dam chooses;

(6) Ensures that no other animals inhabit the whelping area other than the dam and the puppies;

(7) Provides the dam and the puppies daily positive physical contact with people; and,

(8) Meets the minimum floor space requirements outlined in paragraph (E) of this rule.

(L) Storage areas shall be designed and maintained to protect medicines, drugs, bedding, or other supplies from deterioration, contamination, and vermin infestations.

(M) Cleaning.

(1) Excreta, dirt, grime, and other waste shall be removed from the primary enclosures at least once per day.

(2) Areas, other than the primary enclosure, where dogs are permitted are cleaned at least weekly.

(3) Hard surfaces with which the adult dogs or puppies come into contact with shall be cleaned daily and disinfected a minimum of once every two weeks with a cleaning solution safe for adult dogs or puppies.

(4) Housing facilities shall be equipped with disposal facilities and drainage systems that are constructed and operated so that fecal waste, urine, and water are rapidly eliminated from primary enclosures and adult dogs or puppies stay dry.

(5) Areas under outside sheltered runs shall be raked or cleaned at least weekly.

(N) Permanent tethering of adult dogs or puppies to any object is prohibited for use as primary enclosure.

(O) Adult dogs or puppies that are housed in the same primary enclosure shall be compatible with the following restrictions:

(1) Females in heat (estrus) shall not be housed in the same primary enclosure with males, except for breeding purposes;

(2) Any adult dog or puppy exhibiting a vicious or overly aggressive disposition shall be housed separately;

(3) The introduction of a new adult dog or puppy to an existing group of adult dogs or puppies housed together in the same facility or primary enclosure shall be done in a manner to minimize distress and aggression.

(4) Puppies four months of age or less may not be housed in the same primary enclosure with adult dogs other than their dams or foster dams.

(P) Each housing facility shall have a contingency plan conspicuously posted in case of emergencies, including but not limited to wind, fire, flood, or building collapse.

Last updated January 3, 2023 at 8:43 AM

History

Effective: January 1, 2023
Promulgated Under: 119.03

Ohio Adm.Code 901:1-6-03 Socialization.

Unless otherwise specified, this rule applies to all adult dogs and puppies kept by high volume breeders.

(A) Puppies shall have positive human physical contact during the first sixteen weeks of life to facilitate their social development.

(B) All adult dogs or puppies shall be provided with at least fifteen minutes of daily positive human contact and socialization beyond that which occurs during feeding and cleaning time. Human contact includes both verbal and tactile stimulation in a positive and beneficial manner.

(C) All adult dogs or puppies housed singly shall be provided daily with visual contact with other adult dogs, puppies, or humans; unless prohibited by the attending veterinarian.

(D) All adult dogs and puppies shall be provided some form of effective enrichment daily in the adult dog and puppies primary enclosure. Effective environmental enrichment includes any breed-specific inanimate object that promotes psychological simulation.

(E) Adult dogs or puppies shall not be segregated for extended periods of time in a manner devoid of any visual contact with other adult dogs or puppies.

(F) All adult dogs and puppies shall be provided with an opportunity for daily exercise of at least thirty minutes. However, this requirement does not apply to an expectant female dog beginning fifty-two days after the first breeding date until the dog gives birth, a postpartum female dog, or any other dog as directed by a veterinarian.

(G) All adult dogs and puppies shall have an opportunity to safely access the outdoors during daylight hours. However, this requirement does not apply to an expectant female dog beginning fifty-two days after the first breeding date and until the dog gives birth, a female dog that is nursing, or a puppy that is younger than twelve weeks of age.

Last updated January 3, 2023 at 8:43 AM

History

Effective: January 1, 2023
Promulgated Under: 119.03

Ohio Adm.Code 901:1-6-04 Food and water.

Unless otherwise specified or unless otherwise directed by a veterinarian, this rule applies to all adult dogs and puppies kept by high volume breeders.

(A) Dogs shall receive food at least two times per day that is of sufficient quantity and quality to ensure maintenance of normal body condition and weight.

(B) Dogs shall receive access to clean potable water on a continual basis that is of sufficient quantity and quality to ensure maintenance of normal body condition and growth.

(D) Food and water receptacles shall be kept clean and sanitary.

(E) Food provided shall be unspoiled and uncontaminated.

(F) A nutritional plan shall be developed with veterinary guidance.

(G) The appropriate number and size of food and water receptacles shall be provided to ensure access by all adult dogs and puppies in the housing facility.

(H) All food and water equipment shall be inspected on a weekly basis and maintained in working condition.

(I) Opened food shall be stored in leak proof containers with tightly fitting lids to protect them from spoilage, vermin infestation and contamination.

(J) Unopened food shall not be stored on the floor.

(K) Water and food may be restricted or withheld temporarily for purposes of:

(1) Preparation for administration of medication in the water; and,

(2) Specific management practices under veterinary direction.

Last updated January 3, 2023 at 8:43 AM

History

Effective: January 1, 2023
Promulgated Under: 119.03

Ohio Adm.Code 901:1-6-05 Health.

Unless otherwise specified, this rule applies to all adult dogs and puppies kept by high volume breeders.

(A) All high volume breeders shall have a valid veterinary-client-patient-relationship with a licensed veterinarian.

(B) The attending veterinarian shall:

(1) Visit each housing facility a minimum of one time per calendar year;

(2) Conduct a physical exam of each adult dog and puppy six months of age and older at the time of the yearly inspection; and,

(3) Provide a written annual plan requiring care for the adult dogs and puppies which shall include but is not limited to:

(a) Exercise;

(b) Nutritional plan;

(d) A vaccination and parasite control program that is consistent with the recommendations of the American veterinarian medical association or the American animal hospital association;

(e) Health care plan shall include both of the following:

(i) The monitoring and surveillance plan for brucella canis as developed by the kennel veterinarian:

(a) Whole kennel testing for kennels in the first year of Ohio department of agriculture high volume dog breeding licensure;

(b) Testing of any new additions, both natural and acquired;

(d) The B. canis rules outlined in rules 901:1-5-12 and 901:1-5-13 of the Administrative Code shall be taken into consideration by the veterinarian during the development of the monitoring and surveillance plan.

(ii) Dew claw removal and tail docking instructions including all of the following:

(a) Acceptable instruments include surgical scissors, scapel blade, hemostats, or forceps;

(b) Instructions including the proper use of the instrument and technique used to remove the dew claw or perform the tail dock;

(d) Guidance on after procedure care and monitoring; and

(e) Instructions on the cleaning and disinfecting of instruments.

(f) An effective program for the control of insects, external parasites affecting adult dogs or puppies, and birds and mammals that are pests shall be established and maintained in the housing facility and primary enclosures.

(1) Adult dogs and puppies are to be monitored by the high volume breeder regularly for evidence of disease, injury, or improper or inadequate care. Corrective measures, under veterinary guidance, shall be taken by the high volume breeder when evidence is found of any of these conditions.

(2) All dogs and puppies shall be handled to minimize distress and appropriate biosecurity measures shall be taken to minimize the likelihood of spreading disease to other adult dogs or puppies.

(3) Any dystocia or difficult labor event shall receive timely attention by the high volume breeder and, if necessary, veterinary intervention.

(D) Breeding.

(1) If the dog is a female, breed the dog only if the dog has maintained a normal body condition and has been declared healthy by a veterinarian following a physical examination. The physical examination must take place after the previous litter of puppies has been weaned and before the female is bred again. A "breeding cycle" is from once a female weans a litter of puppies until the female weans the next litter of puppies. Therefore, the physical exam shall occur after weaning, but before the subsequent breeding. Physical examinations conducted on female dogs that are pregnant, whelping (surgical and non-surgical), or nursing puppies do not meet this requirement.

(2) If the dog is a female, ensure that the dog does not produce more than eight litters in the female's lifetime.

(E) All of the following grooming requirements shall be met:

(1) All adult dogs' and puppies' haircoats free of mats, tangles, and debris;

(2) Toenails kept at a length that does not cause discomfort, abnormal posture, or movement; and

(3) Grooming performed on a frequency that prevents hair growth from limiting normal functions including, but not limited to, vision, hearing, and mobility.

(F) Surgical procedures, except between two to five days of age the removal of the dew claw and tail docking, shall only be performed by a licensed veterinarian.

(G) Drugs will be administered as directed by the attending veterinarian and consistent with the labeled directions and all applicable state and federal laws.

(H) Euthanasia shall only be performed by a licensed veterinarian.

(I) Adult dogs or puppies may only be transported in commerce if the adult dogs or puppies are at least eight weeks of age and have been weaned.

Last updated January 9, 2023 at 8:56 AM

History

Effective: January 9, 2023
Promulgated Under: 119.03

Ohio Adm.Code 901:1-5-12

(A) Brucella canis tests.

(1) As used in this rule, a "brucella canis test" means one of the following:

(a) An indirect fluorescent antibody test (IFA test);

(b) A tube agglutination test (TAT test); or

(3) The tests contained in paragraphs (A)(1)(a) to (A)(1)(c) of this rule may only be conducted by an accredited laboratory or the Ohio department of agriculture's diagnostic laboratory.

(6) A validated testing methodology approved and administered by the Ohio department of agriculture's diagnostic laboratory.

(B) Brucella canis classifications.

(1) Suspect.

(a) A canine shall be classified as brucella canis suspect, if the canine tests positive for brucella canis using the following tests:

(i) An IFA test; or

(ii) A TAT test, at dilutions of 1:50 or 1:100.

(b) A canine which has been classified as brucella canis suspect according to paragraph (B)(1)(a)(i) or (B)(1)(a)(ii) of this rule, shall either:

(i) Be referred to the Ohio department of agriculture for confirmation of the canine's brucella canis status; or

(ii) Be humanely euthanized.

(2) Negative.

(a) An IFA test; or

(b) A TAT test.

(3) Positive.

(a) A TAT test, at dilutions 1:200; or

(b) A brucella canis culture test.

(4) Reclassification.

Brucella canis positive animals may be reclassified by the Ohio department of agriculture to brucella canis suspect pending the following:

(a) The animal's history;

(b) Clinical signs of the animal;

(d) An epidemiological study of the animal;

(e) Examination; and

(f) Further testing at the discretion of the Ohio department of agriculture.

(a) Name, mailing address and residence address of the canine's owner;

The residence address of the animal if different from the canine's owner;

(b) Date of test or sample collection;

(c) Official identification as outlined in paragraph (C)(4) of this rule, sex, and breed of each individual animal tested or sampled; and

(d) The results of the test performed, if available.

(3) All accredited veterinarians who draw blood for brucella canis testing shall submit the blood sample to an accredited laboratory within seven days.

(4) An accredited veterinarian must identify any canine to be tested for brucella canis with any of the following items which are approved by the Ohio department of agriculture:

(a) A microchip;

(b) A collar affixed around the dog's neck with a tag made of metal or aluminum that contains the following engraved, stamped, or imprinted information:

(i) The individual dog's number; and

(ii) The Ohio high volume breeder license number.

(D) Quarantine.

(2) A whole kennel test is defined as all test-eligible dogs located at a premises being tested within thirty days. Test-eligible dogs are dogs that are six months of age and older.

(3) A brucella canis positive, exposed, or suspect canine shall be released from quarantine upon:

(a) An epidemiological study conducted by the Ohio department of agriculture;

(b) The owner has been advised by the Ohio department of agriculture as to the zoonotic potential; and

(c) Two negative whole kennel IFA or TAT tests at least sixty days apart that were conducted by the Ohio department of agriculture or the national veterinary services laboratory; or

(d) The canine has been humanely euthanized or is otherwise deceased and documented by a licensed veterinarian or confirmed by the Ohio department of agriculture.

(E) Selling, movement, and disposal of animals.

Last updated April 1, 2025 at 7:48 AM

History

Effective: April 1, 2025
Promulgated Under: 119.03

Ohio Adm.Code 901:1-6-07 Recordkeeping and identification.

(A) All adult dogs or puppies six months of age or older in the possession of a high volume breeder shall be identified by either:

(1) A permanent implanted identification microchip using either 125.0 kHz, 128.0 kHz, or 134.2 kHz frequencies; or

(2) A collar affixed around the dog's neck with a tag made of metal or aluminum that contains the following engraved, stamped, or imprinted information:

(a) The individual dog's number; and

(b) The Ohio high volume breeder license number.

(3) Tag numbers cannot be reused within a five-year period past the date the dog left the facility.

(B) No high volume dog breeder shall display, offer for sale, deliver, barter, auction, broker, give away, transfer, or sell any dog that does not have a permanent implanted identification microchip using either 125.0 kHz, 128.0 kHz, or 134.2 kHz frequencies.

(C) Records of adult dog and puppy movement from the premises of high volume breeder and dog broker licensees shall identify the following information:

(1) Date of disposition;

(2) Name, mailing address, and residence address of seller;

The residence address of the adult dog or puppy if different from the seller's residence address;

(3) Name, mailing address, and residence address of buyer or receiver;

The residence address of the adult dog or puppy if different from the buyer or receiver's residence address;

(4) The following information for each adult dog or puppy moved:

(a) The permanent implanted identification microchip number;

(b) Sex;

(d) Breed; and

(e) Description of the adult dogs, may include color, distinctive marks, hair, tail, etc.

(D) A United States department of agriculture, animal and plant health inspection service form number 7006 may be utilized to complete the requirements listed in paragraph (C) of this rule.

(E) Accurate and complete records shall be separately maintained by the licensee and shall be made available to an inspector of the Ohio department of agriculture upon request. The records contain:

(1) An accurate description of the adult dog or puppy six months of age or older including but not limited to the breed, color, and gender;

(2) The official identification as provided for in paragraph (A) of this rule;

(3) Where, from whom, and when the adult dog or puppy six months of age or older was obtained;

(4) The date of birth of the adult dog or puppy six months of age or older;

(5) A document signed by the attending veterinarian approving the use of outdoor housing facilities, if applicable, as required by rule 901:1-6-02 of the Administrative Code;

(6) Records showing that the socialization and exercise requirements in rule 901:1-6-03 of the Administrative Code have been met;

(7) Records showing that the food and water requirements in rule 901:1-6-04 of the Administrative Code have been met;

(8) A copy of the physical examination performed on each dog by the attending veterinarian as required by paragraph (B) of rule 901:1-6-05 of the Administrative Code; the physical examination will include the dog's official ID and date the exam was performed.

(9) A copy of the physical examination performed on each breeding female by the attending veterinarian as required for breeding females by paragraph (E) of rule 901:1-6-05 of the Administrative Code; the physical examination will include the dog's official ID and date the exam was performed.

(10) Corrective measures under veterinary guidance for any conditions found in paragraph (C) of rule 901:1-6-05 of the Administrative Code have been documented.

(11) Proof that attending veterinarian visited the housing facility at least once in a calendar year as required by paragraph (B) of rule 901:1-6-05 of the Administrative Code.

(12) A copy of the brucella canis test results as required by paragraph (B)(3)(e) of rule 901:1-6-05 of the Administrative Code.

(F) Records required by paragraphs (C), (D) and (E) of this rule shall be:

(1) Kept at the facility at which the adult dog or puppy is housed; and,

(2) Retained for one year past the date the adult dog or puppy has left the facility.

(G) Records of veterinary care for each dog and puppy kept, housed, and maintained by the high volume breeder are required to be kept at the facility at which the dog or puppy is housed for three years after the care is provided by a veterinarian.

Last updated January 3, 2023 at 8:43 AM

History

Effective: January 1, 2023
Promulgated Under: 119.03

Ohio Adm.Code 901:1-6-08 Licensing.

(A) High volume breeder.

(1) High volume breeder license and license renewal applications shall be made on a form provided by the director of the Ohio department of agriculture.

(2) High volume breeder license and license renewal applications shall be considered complete when the following have been submitted to the director of the Ohio department of agriculture:

(a) The completed and signed application form includes the following:

(i) All previous out of state addresses for the five years prior to the licensing year; and

(ii) An agreement under which the applicant agrees to notify the Ohio department of agriculture within fourteen calendar days if, during the licensing period the applicant has plead guilty to or been convicted of any criminal offense other than a minor traffic offense.

(b) The accompanying documentation required by division (C) of section 956.04 of the Revised Code;

(d) The proof of insurance or a surety bond, which shall be executed by a surety company authorized to do business in this state, as required by division (E) of section 956.03 of the Revised Code.

The insurance shall be payable to the state or the surety bond shall be subject to redemption by the state, as applicable, upon a suspension or revocation of a high volume breeder license for the purpose of paying for the maintenance and care of dogs that are seized or otherwise impounded from the high volume breeder in accordance with Chapter 956. of the Revised Code.

If the insurance policy or surety bond is, for any reason, cancelled, not renewed, or there is a material change, the licensee is to inform the Ohio department of agriculture within fourteen calendar days.

(e) For initial applicants, proof of a completed background check performed by local law enforcement and submitted to the Ohio bureau of criminal investigation's "WebCheck."

(B) Dog broker.

(1) Dog broker license and license renewal applications shall be made on a form provided by the director of the Ohio department of agriculture. The application shall be considered complete when the completed and signed application form and appropriate fee as required by section 956.07 of the Revised Code are submitted to the director of the Ohio department of agriculture.

(2) The completed and signed application form includes the following:

(a) All previous out of state addresses for the five years prior to the licensing year;

(b) An agreement under which the applicant agrees to notify the Ohio department of agriculture within fourteen calendar days if, during the licensing period the applicant has plead guilty to or been convicted of any criminal offense other than a minor traffic offense; and

(c) For initial Ohio resident applicants, proof of a completed background check performed by local law enforcement and submitted to the Ohio bureau of criminal investigation's "WebCheck"; or

(d) For initial out-of-state applicants, proof of a completed background check performed by a law enforcement agency capable of performing a state wide background check equivalent to the Ohio bureau of criminal investigation's "WebCheck."

(1) Animal rescue for dogs shall register with the director of the Ohio department of agriculture on a form provided by the director.

(2) Animal rescue for dogs registration is effective for one calendar year, and may be renewed annually by submitting the form provided by the director of the Ohio department of agriculture in paragraph (C)(1) of this rule.

(3) Animal rescue for dogs shall provide the name and address of each foster home utilized by the animal rescue for dogs at the time of registration or renewal.

(4) Failure to conform to the requirements outlined in the definition of "animal rescue for dogs" found in section 956.01 of the Revised Code may result in the department revoking the violator's registration.

(D) High volume breeder and dog broker licensees shall include with any advertisements for the sale of a puppy or adult dog the vendor number assigned by the tax commissioner to the licensee if the sale is subject to the tax levied under Chapter 5739. of the Revised Code.

(E) High volume breeder and dog broker licensees shall comply with Chapter 5739. of the Revised Code. The director of the Ohio department of agriculture may suspend or revoke a license if the tax commissioner informs the director the licensee is not in compliance with that chapter.

Last updated January 3, 2023 at 8:43 AM

History

Effective: January 1, 2023
Promulgated Under: 119.03

Ohio Adm.Code 901:1-6-09 Inspections.

(A) The director of the Ohio department of agriculture or the director's authorized representative shall conduct inspections in accordance with section 956.10 of the Revised Code.

(B) Upon entering the property of a facility, the inspector or investigator shall identify themselves with proper identification to prove that they are an agent of the Ohio department of agriculture.

(1) All complaints and requests to investigate facilities authorized for inspections by section 956.10 of the Revised Code;

(2) All inspections and reports of findings for all inspections conducted; and,

(3) Any enforcement actions that result from inspections.

Records kept under this paragraph shall be retained for the period of time required by the Ohio department of agriculture records retention policy.

Last updated January 3, 2023 at 8:44 AM

History

Effective: January 1, 2023
Promulgated Under: 119.03

Ohio Adm.Code 901:1-6-10 Civil penalties.

(A) The director of agriculture, after providing an opportunity for an adjudication hearing under Chapter 119. of the Revised Code, may assess a civil penalty against a person who has violated or is violating sections 956.01 to 956.18 of the Revised Code or rules adopted under section 956.03 of the Revised Code.

(B) A person who is assessed a civil penalty under Chapter 901:1-6 or 901:1-8 of the Administrative Code is liable for a civil penalty of not more than two thousand five hundred dollars for a first violation, not more than five thousand dollars for a second violation, and not more than ten thousand dollars for a third or subsequent violation.

Each day that a violation continues constitutes a separate violation.

(C) Any person assessed a civil penalty under Chapter 901:1-6 or 901:1-8 of the Administrative Code shall pay the amount prescribed to the department of agriculture. The department shall remit all money collected under Chapter 901:1-6 or 901:1-8 of the Administrative Code to the treasurer of state for deposit in the high volume breeder kennel control license fund created under section 956.18 of the Revised Code.

Last updated January 3, 2023 at 8:44 AM

History

Effective: January 1, 2023
Promulgated Under: 119.03

Chapter 901:1-8 Pet Stores and Dog Retailer Requirements

Ohio Adm.Code 901:1-8-01 Definitions.

As used in this chapter of the Administrative Code:

(A) "Animal rescue for dogs" means an individual or organization recognized by the director of Ohio department of agriculture that keeps, houses, and maintains dogs and that is dedicated to the welfare, health, safety, and protection of dogs, provided that the individual or organization does not operate for profit, does not sell dogs for a profit, does not breed dogs, does not sell dogs to a dog broker or pet store, and does not purchase more than nine dogs in any given calendar year unless the dogs are purchased from a dog warden appointed under Chapter 955. of the Revised Code, a humane society, or another animal rescue for dogs. "Animal rescue for dogs" includes an individual or organization that offers spayed or neutered dogs for adoption and charges reasonable adoption fees to cover the costs of the individual or organization, including, but not limited to, costs related to spaying or neutering dogs.

(B) "Animal shelter" means a facility that keeps, houses, and maintains dogs such as a dog pound operated by a municipal corporation, or by a county under Chapter 955. of the Revised Code, or that is operated by a humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization that is devoted to the welfare, protection, and humane treatment of dogs and other animals.

(D) "Dog broker" means a person who buys, sells, or offers to sell dogs at wholesale for resale to another or who sells or gives one or more dogs to a pet store annually. "Dog broker" does not include an animal rescue for dogs, an animal shelter for dogs, a humane society, a medical kennel for dogs, a research kennel for dogs, a pet store, or a veterinarian.

(E) "Humane society" means an organization that is organized under section 1717.05 of the Revised Code.

(F) "Pet store" means an individual retail store to which both of the following apply: the store sells forty or more puppies or adult dogs to the public; and with regard to the sale of a dog from the store, the sales person, the buyer of a dog, and the dog for sale are physically present during the sales transaction so that the buyer may personally observe the dog and help ensure the dog's health prior to taking custody. "Pet store" does not include an animal rescue for dogs, an animal shelter for dogs, a humane society, a medical kennel for dogs, a research kennel for dogs, a high volume breeder, or any other dog breeder that maintains and sells dogs from the same premises where the dogs are bred and reared.

(G) "Qualified breeder" has the same meaning as set out in section 956.19 of the Revised Code.

Last updated January 3, 2023 at 8:45 AM

History

Effective: January 1, 2023
Promulgated Under: 119.03

Ohio Adm.Code 901:1-8-02 Licensing.

(A) Initial and renewal applications for pet store licensure shall be made on a form provided by the department. Forms may be found by visiting www.agri.ohio.gov.

(B) Applications shall be considered complete when the following have been submitted to the department:

(1) A completed and signed application form; and

(2) A license fee as outlined in section 956.21 of the Revised Code.

(D) Each license issued shall expire one year from issuance.

(E) A person who is proposing to continue the operation of a pet store shall within thirty days prior to expiration of their current license renew the person's license for the following year. The person shall apply for the license in the same manner as for an initial license.

Last updated January 3, 2023 at 8:45 AM

History

Effective: January 1, 2023
Promulgated Under: 119.03

Ohio Adm.Code 901:1-8-03 Identification.

No pet store or dog broker shall display, offer for sale, deliver, barter, auction, broker, give away, transfer, or sell any dog that has not been microchipped with a microchip using either 125 kHz, 128 kHz, or 134.2 kHz frequencies.

Last updated January 3, 2023 at 8:46 AM

History

Effective: January 1, 2023
Promulgated Under: 119.03

Ohio Adm.Code 901:1-8-04 Pet store recordkeeping.

(A) All pet stores shall document the following information within twenty-four hours of obtaining a dog:

(1) The name and address of the physical location of the animal rescue, animal shelter, humane society, dog broker, or qualified breeder which supplied the dog;

(2) The date that the pet store took possession of the dog;

(3) The breed, gender, color, and any identifying marks of the dog;

(4) The dog's birth date, if known;

(5) The permanent implanted identification microchip number as required by rule 901:1-8-03 of the Administrative Code; and

(6) The certificate of veterinary inspection that accompanied the dog.

(B) If the dog was acquired from a qualified breeder or dog broker, then the pet store shall also document the following information within twenty-four hours of the pet store receiving the dog, if applicable:

(1) The Ohio high volume dog breeder license number issued to the breeder by the department;

(2) The United States department of agriculture license number of the breeder that bred the dog;

(3) A copy of the most current United States department of agriculture inspection report for the breeder;

(4) The Ohio dog broker license number issued to the broker by the department;

(5) A document signed by the pet store certifying that all information required to be provided to the person acquiring the dog under this section is accurate.

(C) Pet stores are not required to submit these records to the director, but the records shall be made available to the director or the director's designee for review and copy upon request.

(D) All records required by section 956.20 of the Revised Code and paragraphs (A) and (B) of this rule shall be:

(1) Kept at the pet store from which the adult dog or puppy was sold; and

(2) Retained for two years past the date the adult dog or puppy has left the pet store.

Last updated January 3, 2023 at 8:46 AM

History

Effective: January 1, 2023
Promulgated Under: 119.03

Ohio Adm.Code 901:1-8-05 Dog broker recordkeeping.

(A) Pursuant to section 956.051 of the Revised Code, no dog broker shall negligently sell, deliver, barter, auction, broker, give away, or transfer a dog to a pet store without the records required under this rule.

(B) All dog brokers subject to this rule shall document the following information, if applicable:

(1) The name and address of the physical location of the animal rescue, animal shelter, humane society, dog broker, or qualified breeder which supplied the dog;

(2) The date that the pet store took possession of the dog;

(3) The breed, gender, color, and any identifying marks of the dog;

(4) The dog's birth date, if known;

(5) The permanent implanted identification microchip number as required by rule 901:1-8-03 of the Administrative Code; and

(6) The certificate of veterinary inspection that accompanied the dog.

(C) If the dog was acquired from a qualified breeder or dog broker, then the dog broker shall also document the following information:

(1) The Ohio high volume dog breeder license number issued to the breeder by the department;

(2) The United States department of agriculture license number of the breeder that bred the dog;

(3) A copy of the most current United States department of agriculture inspection report for the breeder;

(4) The Ohio dog broker license number issued to the broker by the department;

(5) A document signed by the dog broker certifying that all information required to be provided to the person acquiring the dog under this rule is accurate.

(D) Dog brokers are not required to submit these records to the director, but the records shall be made available to the director or the director's designee for review and copy upon request.

Last updated January 3, 2023 at 8:46 AM

History

Effective: January 1, 2023
Promulgated Under: 119.03

Chapter 901:1-11 Pseudorabies

Ohio Adm.Code 901:1-11-01 Pseudorabies.

(A) For the purpose of rules 901:1-11-01 to 901:1-11-09 of the Administrative Code "pseudorabies" means that disease of animals designated as dangerously contagious or infectious by paragraph (A) of rule 901:1-21-02 of the Administrative Code.

(B) Any test for pseudorabies performed on any animal within the state of Ohio shall be reported to the department of agriculture within seven days after the date the test was performed. The report shall be on a form approved by the department and shall provide the information required on the form. Each animal tested shall be listed individually on the form by its official identification.

History

Effective: April 11, 2005
Promulgated Under: 119.03

Ohio Adm.Code 901:1-11-09

(A) If pseudorabies is detected in a swine herd in the state of Ohio while Ohio is classified by United States department of agriculture as a stage five state:

(1) The infected swine herd shall be isolated and depopulated within fifteen days after the test results confirming pseudorabies are reported to the state veterinarian; and

(2) All exposed swine herds and swine herds within two miles of the infected swine herd shall be tested for pseudorabies. All testing shall be completed no earlier than thirty days and no later than sixty days after an infected swine herd is depopulated. Any swine herd which tests positive for pseudorabies shall be isolated and depopulated in accordance with paragraph (A)(1) of this rule and any exposed swine herd or herds within two miles shall be tested in accordance with this paragraph.

The foregoing sequence shall continue until either all of the infected swine herds are depopulated and any exposed swine herd and swine herds within two miles of an infected herd test negative, or the state of Ohio looses its classification as a stage five state.

(B) If the United States department of agriculture lowers the state status of Ohio from stage five owners of swine breeding herds and swine feedlots quarantined for pseudorabies shall submit eradication plans in accordance with the provisions of this paragraph.

(1) Breeding herd eradication plans.

(a) The owner of swine kept for breeding purposes which are quarantined for pseudorabies shall, within thirty days of the date of the quarantine, submit to the director of agriculture for his approval a written plan for the eradication of pseudorabies virus from the quarantined swine herd.

(b) The plan submitted shall be designed to eliminate pseudorabies virus from the quarantined swine within twelve months of the date the plan is submitted.

The director shall require as part of a herd eradication plan vaccination with a gene altered vaccine for which there is a companion differential test capable of differentiating field strain pseudorabies virus antibodies from pseudorabies vaccine antibodies.

(2) Feedlot eradication plans.

(a) The owner of feedlot swine kept for finish feeding purposes which are quarantined for pseudorabies shall within thirty days of the date of the quarantine, submit to the director of agriculture for his approval a written plan for the eradication of pseudorabies virus from the quarantined swine.

(b) The plan submitted shall be designed to eliminate pseudorabies virus from the quarantined swine within six months from the date the plan is submitted provided;

(i) Feedlots receiving feeder swine from a breeding herd which has an approved herd eradication plan shall have twelve months from the date the last feeder swine enter the feedlot from the quarantined breeding herd to eliminate pseudorabies virus.

(ii) The director shall require vaccination with a pseudorabies vaccine as part of a herd eradication plan and specify the type of pseudorabies vaccine.

(3) Plan approval and implementation.

(a) Any eradication plan submitted for approval which, in the judgment of the director of agriculture, will not eradicate pseudorabies virus from a herd or will not eradicate it within the time prescribed in this rule shall within thirty days of the date approval is denied be modified to meet the objections of the director.

(b) Once approved an eradication plan shall be implemented within thirty days of the date of approval.

(4) Following approval of an eradication plan, the department and the herd owner or bailee shall review the owner or bailee's performance under the herd plan at least once every one hundred twenty days, subject to availability of department personnel. Performance and progress shall be documented by the department.

(a) All approved changes in the eradication plans shall be implemented within thirty days of the approval date.

(b) The time period for eradication of pseudorabies virus may be extended by the director of agriculture for good cause shown.

(5) The director of agriculture may order the destruction of any swine quarantined for pseudorabies when:

(a) The owner of the quarantined swine has failed to submit an eradication plan for the eradication of pseudorabies virus from the quarantined animals within the time prescribed in the rule;

(b) Upon denial of approval the owner of the quarantined swine fails to resubmit within the time limits prescribed an eradication plan which meets the director of agriculture's objection to the eradication plan;

(c) The owner fails to implement the eradication plan within the time prescribed in this rule or fails to comply with the plan.

(d) The pseudorabies virus has not been eradicated from the quarantined swine in the time allotted by this rule.

(e) The owner of the quarantined swine has been found guilty in a court of law of violating any provision of the Revised Code or Ohio Administrative Code, other than paragraph (B)(5) of this rule, which pertains to pseudorabies control and eradication.

(6) When swine are ordered destroyed under paragraph (B)(5) of this rule:

(a) Sows, bred gilts and boars shall be sold for immediate slaughter as defined in paragraph (D) of rule 901:1-23-01 of the Administrative Code within forty-five days of the order of destruction;

(b) All other swine on the farm shall be sold for immediate slaughter as defined in paragraph (D) of rule 901:1-23-01 of the Administrative Code within two hundred ten days;

(c) A permit may be issued by the director of agriculture to move feeding swine to a quarantined feedlot when in his judgment removal would accelerate pseudorabies eradication;

(d) No swine shall be added to the premises following the date an order of destruction is issued until the quarantine is released.

(7) The director may in his discretion, by order, indemnify the owner of breeding boars and sows destroyed either under an approved herd cleanup plan or under paragraph (B)(5) of this rule if, before issuing the order:

(a) There are funds in the department's current biennium appropriation designated expressly for the payment of indemnification of animals destroyed under authority of this rule; and

(b) The director has obtained certification from the director of budget and management that there is an unencumbered balance in the appropriation for the current biennium sufficient to pay the indemnity and the director designates funds for that purpose.

No indemnification shall be ordered and paid except during the biennium for which money has been appropriated and encumbered.

(8) Indemnity paid under this rule shall be limited:

(a) To an amount equal to forty dollars times the number of breeding boars and sows over one year of age present on a quarantined premise on the date the quarantine was issued for animals which are culled under an approved breeding herd eradication plan;

(b) To an amount equal to forty dollars for any other breeding boar or sow over eight months of age and under one year of age present on a quarantined premise either on the date the quarantine was issued culled under an approved breeding herd eradication plan when, the director, in his discretion, determines payment of indemnity will facilitate eradication from the herd and prevent the spread of pseudorabies virus;

Any breeding sow or boar over one year of age destroyed under paragraph (B)(5) of this rule shall receive no indemnity.

(9) In order to ensure that indemnity payments serve the purpose of providing an economic incentive to the producer to eradicate pseudorabies from a herd; the director, when ordering payment may specify the time at which indemnity payments will be made and specify those animals for which payment will be made.

(10) One-half of any indemnity paid an owner under paragraphs (B)(6)(a) and (B)(6)(b) of this rule shall be repaid to the department of agriculture upon demand when, prior to expiration of the eradication plan there has been an outbreak of pseudorabies virus in the quarantined herd caused by the failure of the owner to adhere to the measures called for in the approved herd eradication plan.

History

Effective: April 11, 2005
Promulgated Under: 119.03

Ohio Adm.Code 901:1-21-02

(1) Anthrax;

(2) Bluetongue (ovine, caprine);

(3) Brucellosis (Brucella abortus, brucella canis, brucella melitensis, brucella suis);

(4) Ceratomyxosis;

(5) Contagious equine metritis;

(6) Eastern equine encephalomyelitis;

(7) Equine herpes virus 1 (clinical or exposed neurological disease);

(8) Equine infectious anemia;

(9) Equine piroplasmosis (babesia caballi, theileria equi);

(10) Foot and mouth disease;

(11) Fowl typhoid;

(12) High path avian influenza;

(13) Hog cholera;

(14) Infectious encephalomyelitis (poultry);

(15) Infectious hematopoietic necrosis;

(16) Infectious laryngotracheitis (other than vaccine induced);

(17) Infectious pancreatic necrosis;

(18) Infectious salmon anemia;

(19) Lymphocytic choriomeningitis virus (LCMV)

(20) Monkeypox;

(21) Mycoplasma gallisepticum, turkeys;

(22) Newcastle disease;

(23) Poultry chlamydiosis-ornithosis;

(24) Poultry paramyxovirus (other than Newcastle);

(25) Proliferative kidney disease;

(26) Pseudorabies;

(27) Psoroptic cattle scabies;

(28) Psoroptic sheep scabies;

(29) Rabies;

(30) Salmonella pullorum;

(31) Scrapie;

(32) Transmissible spongiform encephalopathies;

(33) Tuberculosis;

(34) Venezuelan equine encephalomyelitis;

(35) Vesicular exanthema;

(36) Viral hemorrhagic septicemia;

(37) Whirling disease (Myxobolus cerebralis);

(C) No person shall sell, move, or dispose of animal(s) so designated in paragraph (B) of this rule without written permission from the department or its authorized representative.

History

Effective: December 18, 2014
Promulgated Under: 119.03

Ohio Adm.Code 901:1-11-02 Definitions.

As used in Chapter 901:1-11 of the Administrative Code:

(A) "Eradication plan" means a cooperative plan developed by state/federal representatives, the accredited veterinarian and the herd owner for controlling and eradicating pseudorabies.

(B) "Feedlot" means a premises where swine are fed, physically separated from swine kept for breeding or other purposes, and from which the swine are moved for immediate slaughter as defined in paragraph (D) of rule 901:1-23-01 of the Administrative Code.

(D) "Herd agreement" means a written agreement between the owner or bailee of an animal or animals quarantined for pseudorabies and the Ohio department of agriculture. The agreement shall be signed by both parties. The herd agreement shall include a herd plan to eradicate pseudorabies from the herd. The agreement shall list the responsibilities of the owner and bailee and the department.

(E) "Herd test" shall consist of the following:

(1) For herds not known to be infected with pseudorabies, an official test of all swine in the breeding herd six months of age or older.

(2) For infected herds and infected feedlots, an official test of:

(a) All swine in the herd except suckling pigs; or

(b) All breeding swine over six months of age and all other swine, except suckling pigs, on the following schedule:

(i) For herds of less than one hundred other swine, test all, up to thirty-five head.

(ii) For herds of one hundred to two hundred other swine, test thirty-nine head.

(iii) For herds of over two hundred other swine, test forty-four head.

(iv) Under paragraphs (E)(2)(b)(i) to (E)(2)(b)(iii) of this rule, swine tested are to be selected at random and are to include all recent additions. The tested swine shall be proportionately representative of the herd and at least one pig per pen shall be tested.

(F) "Infected feedlot" means a premises where swine are fed, physically separated from swine kept for breeding or other purposes, and in which a diagnosis of pseudorabies has been confirmed by laboratory procedures or by official test or which feeds swine originating from an infected herd.

(G) "Infected herd" means a herd containing one or more animals in which a diagnosis of pseudorabies has been confirmed by laboratory procedures or by an official test.

(H) "Isolation" means a separation of swine by a physical barrier in such a manner that one pig does not have access to the isolated pig's body, excrement, or discharges of another pig; does not share a building with a common ventilation system; and is not within ten feet of another pig.

(I) "Negative animal" means an animal classed negative to an official test for pseudorabies.

(J) "Official identification" means:

(1) Official eartag bearing the U.S. shield and be sufficiently tamper resistant;

(2) Animal identification number (fifteen digit number);

(3) Group or lot number;

(4) Premises number that either contains a unique animal identification number or is used in conjunction with the producer's livestock production numbering system to provide a unique identification number;

(5) Official identification device or method; or

(6) Ear notch or tattoo if the animal is registered with a breed association.

(K) "Official test" means a test for pseudorabies approved by the department. Laboratory tests shall be conducted by a laboratory operated by or approved by the department. Any sample or material submitted for said test must have been obtained by a licensed accredited veterinarian; an employee of the Ohio department of agriculture; an employee of veterinary services, united states department of agriculture; or a person authorized to collect blood at a packing plant.

(L) "Other purpose" means any use of swine including by way of example, but is not limited to, swine used for research, teaching, as pets and swine intended for exhibition when the swine are not subject to regulation under the provisions of rule 901:1-18-10 of the Administrative Code.

(M) "Permit" means a permit as defined in paragraph (P) of rule 901:1-17-02 of the Administrative Code.

(N) "Person" means a person as defined in division (C) of section 1.59 of the Revised Code.

(O) "Positive animal" means an animal classified as positive to an official test for pseudorabies, except that the department may reclassify a "positive animal" to "suspect animal" pending further tests and examinations.

(P) "Pseudorabies qualified negative herd" means a swine herd in which all swine over six months of age have tested negative for pseudorabies using an official pseudorabies test. Ninety percent of the herd tested must be composed of swine that have either been on the premises and been part of the herd tested for not less than ninety days prior to the date the herd was tested; or, have been introduced into the herd tested from another pseudorabies qualified negative herd not less than ninety days prior to the date the herd was tested.

(Q) "Pseudorabies vaccine" means a biological product used to provide immunity to pseudorabies.

(R) "Representative sample" means:

(1) In herds of ten sows or less, a number of swine equal to the number of sows;

(2) In herds of eleven to thirty-five sows, ten swine;

(3) In herds of thirty-six or more sows, a number of swine equal to thirty per cent of the sows, or thirty sows, whichever is less; and

(4) All animals must be selected at random.

(S) "Sporting swine" means any domestic or feral swine intended for hunting purposes and includes the progeny of these swine whether or not the progeny are intended for hunting purposes.

(T) "Stage II feedlot" means a feedlot that receives feeder swine from a state with no status, stage I status or stage II status and has greater than one per cent of the swine herds in the state either quarantined for or infected with pseudorabies.

(U) "Suspect animal" means an animal not classed positive or negative to an official test for pseudorabies.

(V) "Suspect herd" means a herd containing animals classified suspicious for pseudorabies.

(W) "Swine" means all animals of the genus suidae including but not limited to Vietnamese potbellied pigs.

History

Effective: April 11, 2005
Promulgated Under: 119.03

Ohio Adm.Code 901:1-23-01

(A) "Livestock auction market" means any premises, conveyance or facility, excluding state and county fairs, owned or operated by a person where slaughter and non-slaughter animals are assembled, sold or transferred by public sale to another person when such sales are conducted more than one time during any twelve-month period; but, does not include a market where the individual legally responsible for the day to day operations has executed, under 9 CFR 71.20(a)(15), an agreement to handle slaughter swine only.

(B) "Livestock concentration market" means any premises, conveyance, or facility, except a livestock auction market, owned or operated by a person where slaughter and non-slaughter animals are assembled, sold or transferred to another person.

(C) "Livestock slaughter assembly market" means any premises, conveyance, or facility, owned or operated by a person where animals are assembled, sold, or transferred for delivery for immediate slaughter.

(D) "Immediate slaughter" means the movement of an animal to slaughter either:

(1) Directly from the animal's herd of origin; or,

(2) Through not more than one market between the animal's herd of origin and slaughter.

(E) "Stage I" through "Stage V" are used to designate the absence or extent of pseudorabies in a geographic area in accordance with criteria contained in the U.S. department of agriculture pseudorabies program eradication standards .

(F) "Veterinary inspector" means a licensed accredited veterinarian or employee of the department approved by the department under section 943.13 of the Revised Code to inspect animals at either a livestock auction market or a livestock concentration market, or both.

(G) "Person" means person as defined in division (C) of section 1.59 of the Revised Code.

History

Effective: April 11, 2005
Promulgated Under: 119.03

Ohio Adm.Code 901:1-18-10

(A) Swine moved within Ohio for exhibition must show no clinical signs or evidence of an infectious or contagious disease.

(B) Swine imported and upon entry into Ohio for exhibition shall comply with rule 901:1-17-09 of the Administrative Code and be identified with an offical eartag.

Last updated May 23, 2024 at 8:27 AM

History

Effective: May 23, 2024
Promulgated Under: 119.03

Ohio Adm.Code 901:1-17-02

(A) The following terms and their definitions are incorporated from 9 CFR part 77.5 (2014):

(1) "Accreditation preparatory state or zone";

(2) "Accredited free state or zone";

(3) "Accredited herd";

(4) "Modified accredited advanced state or zone";

(5) "Modified accredited state or zone"; and

(6) "Non-accredited state or zone".

(B) The following terms and their definitions are incorporated from 9 CFR part 78.1 (2014):

(1) "Class A State";

(2) "Class B State";

(3) "Class C State";

(4) "Brucellosis free state";

(5) "Certified Brucellosis free herd";

(6) "Validated brucellosis free herd"; and,

(7) "Validated Brucellosis free state."

(C) "Accredited laboratory" means a laboratory meeting the accreditation standards established for fish health diagnostic laboratories by a state government, the United States federal government or, the Canadian government's department of fisheries and oceans.

(D) "Animal" means any animal that is a bird, reptile, amphibian, fish, or mammal other than humans; and when specified in a rule, includes germplasm of the foregoing animals.

(E) "Approved veterinarian" means any licensed and accredited veterinarian approved by the Ohio department of agriculture, or an employee of the Ohio department of agriculture, or the United States department of agriculture, animal and plant health inspection service, veterinary services.

(F) "Certificate of veterinary inspection" means a legible record, certified, completed, and issued by a licensed, accredited veterinarian, or by a veterinarian employed by either the state of origin or the United States department of agriculture, and shall contain all of the following:

(1) The complete name and address of the consignor and the consignee, (including final destination if different from consignee's address);

(2) An accurate description with official individual identification of the animal listed, as required;

(3) The date and results of any required or known test conducted;

(4) A complete description (including dates of administration) of any vaccinations and treatments, as required by the rules of this chapter;

(5) Designation of the purpose for which the animal is being imported (i.e., breeding, feeding, exhibition, sale, etc.); and

(6) The animal health and test status records which meet the legal requirements of the state of destination, including any other tests of record.

(G) "Certified fish health inspector" means an individual who has successfully completed the course of study on fish diseases sponsored by the American fisheries society and is currently certified by the American fisheries society to issue fish health inspection reports.

(H) "Consignee letter of consent" means a letter signed by the Ohio recipient of an animal which acknowledges the presence of a disease condition and affirms his continued intent to import the animal.

(I) "Contagious or infectious disease" means any disease, including any foreign animal disease, or vector, capable of transmission by any means from a carrier animal to a human or to another animal and includes dangerously contagious or infectious diseases.

(J) "Department of agriculture" and "department" means the Ohio department of agriculture.

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

(L) "Facility" means an establishment where fish are raised, held, or released.

(M) "Feral swine" means any swine that has lived any part of its life free roaming.

(N) "Fish" means a cold-blooded vertebrate animal living in water, having permanent gills for breathing, and fins.

(O) "Fish health inspection and testing report" means a document listing inspections done and diagnostic work performed on fish and stating the results of the inspections and diagnostic work.

(P) "Licensed and accredited veterinarian" means a person who is licensed to practice veterinary medicine either by the state of Ohio or the state in which the certificate of veterinary inspection was issued and who is certified approved by the United States department of agriculture, animal plant health inspection service, veterinary services, to be an accredited veterinarian.

(Q) "Lot" means:

(1) A group of fish of the same species that originate from either the same brood stock, or the same egg source, during the same year and are raised on the same water source; or

(2) A group of fish of the same species over twelve months of age from the same water source.

(R) "Nondomestic animal" means any animal that is not domestic, including at least nonindigenous animals and animals usually not in captivity.

(S) "Official individual identification" means a device or method assigned to livestock being moved as required by the rules of this chapter.

(T) "Owner/Shipper statement" means a statement signed by the owner or shipper of livestock being moved which includes the information as required by the rules of this chapter, as applicable.

(U) "Permit" means a document issued by the department which:

(1) Authorizes actions which require, by rule, prior permission from the chief of the department's division of animal health.

(2) May waive or modify requirements established by rule when compliance with the rule requirements works a hardship and waiver or modification of the rule requirements is consistent with the purpose of and does not compromise the effectiveness of the rule requirements being waived or modified.

(3) May require as a condition for waiver or modification of requirements established by rule:

(a) Restrictions regarding movement, handling, quarantine, destination, and purpose for which the animal may be imported; and

(b) Additional inspections, identification, pre and post-entry tests, vaccinations, treatments, and other procedures;

(4) May require a consignee letter of consent.

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

(W) "Premises identification" means a nationally unique number assigned by a state, tribal, and/or federal animal health authority to a premise that is, in the judgment of the state, tribal, and/or federal animal health authority, a geographically distinct location from other premises.

(X) "PRRS" means porcine reproductive and respiratory syndrome.

(Y) "Pseudorabies status stage V state" means a state that has been declared pseudorabies free as outlined in the United State department of agriculture, animal and plant health inspection service, "Pseudorabies Eradication Program Standards" as effective on November 1, 2003. A copy of these standards may be found at www.aphis.usda.gov.

(Z) "Residue" means any poisonous or deleterious pesticide governed by 40 C.F.R. 180 (2017), any poisonous or deleterious substance governed by 21 C.F.R. 109.6 (2017), or any other substance governed by 21 C.F.R. 556 (2017).

(AA) "Sale assembly" means any public assembly of animals, except rabbits, chickens, turkeys, waterfowl, and gamebirds with a final disposition of slaughter, that are brought together for the purpose of exchanging ownership.

(BB) "Slaughter channels" means a system of movement wherein an animal, not for the purposes of breeding, is sold, transferred, or moved either:

(1) For feeding for the express purpose of improving that animal's condition for final movement to slaughter;

(2) To a USDA approved livestock market as defined under Chapter 943. of the Revised Code for final movement to slaughter;

(3) To a slaughter facility;

(4) To an individual for custom slaughter; or

(5) To a livestock dealer licensed under Chapter 943. of the Revised Code.

(CC) "Sporting swine" means any domestic or feral swine intended for hunting purposes and includes the progeny of these swine whether or not the progeny are intended for hunting purposes.

(DD) "Tagging site" means locations authorized by USDA, state, or tribal animal health officials where livestock may be officially identified on behalf of their owner or the person in possession, care, or control of the animals when they are brought to the site.

(EE) "USDA" means the United States department of agriculture, animal plant health inspection service, veterinary services.

(FF) "Water source" means a body of water with controlled access in which fish are hatched, spawned, or raised.

Last updated August 31, 2026 at 8:21 AM

History

Effective: February 12, 2018
Promulgated Under: 119.03

Ohio Adm.Code 901:1-11-03 Removal of identification.

Unless authorized by the department no person shall remove, alter, or deface any identification, either permanent or temporary, applied to any animal being tested or examined for pseudorabies.

Last updated September 18, 2025 at 1:05 PM

History

Effective: November 14, 1977
Promulgated Under: 119.03

Ohio Adm.Code 901:1-11-04 Vaccination.

(A) No person shall import into Ohio, have in his possession, or keep, buy, sell, offer for sale, barter, exchange, give away, dispense or otherwise dispose of, any pseudorabies vaccine or pseudorabies test unless production of the vaccine or test was authorized by a U.S. biologics product license and the person has been issued a permit, attached to and incorporated into this rule as appendix A, by the Ohio department of agriculture.

(B) No person shall manufacture in Ohio any pseudorabies vaccine or pseudorabies test unless production of the vaccine or test was authorized by a U.S. biologics product license and the person has been issued a permit, attached to and incorporated into this rule as appendix A, by from the Ohio department of agriculture.

(C) No person shall dispense a pseudorabies vaccine in this state unless the person is a licensed and accredited veterinarian and no person shall administer any pseudorabies vaccine in this state unless the person is either a licensed accredited veterinarian or an individual to whom a licensed accredited veterinarian has dispensed pseudorabies vaccine.

(D) "Pseudorabies vaccine" as used in this rule means the G1 type vaccine unless the permit, appendix A of this rule, issued by the Ohio department of agriculture specifies another vaccine.

(E) A licensed accredited veterinarian shall:

(1) Administer pseudorabies vaccine only when a permit has been issued by the department; and

(2) Use pseudorabies vaccine only in a herd whose owner has signed a protocol, as provided for in rule 901:1-11-06 of the Administrative Code, for achieving a pseudorabies qualified negative herd and is complying with the provisions of the protocol; and

(3) Submit the form furnished by the Ohio department of agriculture to the Ohio department of agriculture within seven days after the date the last animal in the herd is vaccinated, listing the date vaccinated, owner or bailee's name and address, number of swine vaccinated, and the identification of each swine vaccinated; and

(4) Dispense pseudorabies vaccine only if the person to whom it is dispensed has signed a protocol, as provided for in rule 901:1-11-06 of the Administrative Code, for achieving a pseudorabies qualified negative herd and is complying with the provisions of the protocol, has been issued a permit, appendix A of this rule, by the Ohio department of agriculture to administer pseudorabies vaccine, and agrees to submit to the Ohio department of agriculture the form furnished by the department listing the date of vaccination, number of swine vaccinated, and the identification of each swine vaccinated.

(5) No later than seven days after dispensing pseudorabies vaccine, submit to the department of agriculture the form furnished by the department and list on the form the name and address of the person to whom the vaccine was dispensed, the number of doses dispensed, date dispensed, and the name of the vaccine.

(F) A person to whom a permit to administer pseudorabies vaccine is issued shall:

(1) Only use the pseudorabies vaccine on swine owned by the person, and may not sell, trade, give away or otherwise dispose of the pseudorabies vaccine to another person;

(2) Either vaccinate the swine himself, or shall have the swine vaccinated by a veterinarian licensed and accredited in Ohio;

(3) Use only the type of pseudorabies vaccine listed in the permit.

(G) Swine identification under paragraphs (E) and (F) of this rule shall be done in the following manner:

(1) Feeder pig progeny in a farrow to finish operation that do not change ownership shall be identified by date vaccinated, approximate weight and number vaccinated; or

(2) Feeder pigs entering a feedlot from other than an infected herd shall be identified by date vaccinated, approximate weight and number vaccinated; or

(3) Feeder pigs that originate in a quarantined herd must be individually eartagged prior to movement after changing ownership; or

(4) Breeding swine shall be officially identified at the time of initial vaccination.

(H) No person, firm, corporation, or association shall import into Ohio any swine which have been vaccinated for pseudorabies, by any method, without a special permit issued by the Ohio department of agriculture.

(I) Swine vaccinated as permitted in paragraphs (E) and (F) of this rule shall:

(1) Be quarantined to the herd where vaccinated;

(2) Move for purposes other than immediate slaughter with written permission from the Ohio department of agriculture.

View AppendixView AppendixView Appendix

History

Effective: April 11, 2005
Promulgated Under: 119.03

Ohio Adm.Code 901:1-11-06

(A) The owner of a herd of swine who wishes to have the herd certified by the department of agriculture as achieving and maintaining status as a pseudorabies qualified negative herd shall comply with the terms and conditions of one of the protocols attached to this rule as appendix "A" and appendix "B" and made a part of this rule.

(B) The cost of collecting samples and testing shall be borne by the herd owner. All tests shall be done by an approved laboratory and copies of the results sent to the state animal health official.

View AppendixView Appendix

History

Effective: April 11, 2005
Promulgated Under: 119.03

Ohio Adm.Code 901:1-11-05 Quarantine.

(A) Swine and other animals found to be infected with or exposed to pseudorabies, shall be quarantined. Any premises and herd where such diseased animals are found or have been recently kept shall also be quarantined.

(B) No susceptible animal shall be brought to or removed from a quarantined premises or quarantined herd except with a permit from the Ohio department of agriculture; and

(1) No person may move swine into an infected feedlot unless:

(a) They are vaccinated for pseudorabies with a vaccine specified by the department; or

(b) They enter with a permit from the department waiving the vaccination requirement.

(2) Slaughter sows moving from a quarantined premises must be identified as prescribed by the department.

(1) The department shall release a swine herd and a premises from quarantine under the following conditions:

(a) One negative herd test as defined under paragraph (E)(2)(a) of rule 901:1-11-02 of the Administrative Code not less than thirty days after removal of all positive swine; or

(b) One negative herd test as defined under paragraph (E)(2)(b) of rule 901:1-11-02 of the Administrative Code not less than thirty days following removal of all positive swine when the herd owner or bailee signs an agreement committing to the following conditions.

(i) The herd shall be retested five to seven months after quarantine release as follows:

(a) For herds of less than one hundred swine, test all, up to thirty-five head.

(b) For herd of one hundred to two hundred swine, test thirty-nine head.

(d) The swine tested are to be selected at random and are to include all recent additions. The tested swine shall be proportionately representative of the herd and at least one pig per pen shall be tested.

(ii) Swine from herds released from quarantine under paragraph (C)(1)(b) of this rule shall not be sold, moved or disposed of for breeding purposes until completion of the herd retest, five to seven months after quarantine release.

(d) An owner or bailee that has introduced positive swine from an infected herd may test all swine that have been in contact with the positive swine thirty days after removal of all positive swine. If all contact swine are negative, the quarantine shall be released.

(2) All buildings, pens, equipment, and vehicles used by animals in the infected herds shall be cleaned and disinfected under supervision of the Ohio department of agriculture within fifteen days following removal of infected animals or depopulation of the herd

(D) The department may release other species of animals from quarantine when there have been no clinical symptoms of pseudorabies in these animals for a period of ten days and these animals have been isolated from the swine herd.

History

Effective: April 11, 2005
Promulgated Under: 119.03

Ohio Adm.Code 901:1-11-07 Requirement for intrastate movement.

(A) Swine under pseudorabies quarantine shall move in compliance with rules 901:1-11-04 and 901:1-11-05 of the Administrative Code.

(B) Swine originating in a stage IV or higher area shall not require a negative test for pseudorabies as a requirement for change of ownership.

(C) Swine originating in a stage III area shall not be sold, moved or be disposed of for nonslaughter purposes within this state unless they meet the following requirements.

(1) Swine for breeding purposes shall:

(a) Have an official negative test for pseudorabies not more than thirty days prior to such sale or movement, unless there is no movement; or

(b) Have originated immediately and directly from a qualified pseudorabies-negative herd; or

(d) Have a permit from the Ohio department of agriculture.

(2) Swine for feeding purposes:

(a) Originating from a nonpseudorabies-vaccinated herd or a herd with vaccinated sows and boars located in a county of less than ten pseudorabies-infected herds are not required to have a representative sample of animals tested in the herd of origin.

(b) Originating in a nonpseudorabies-vaccinated herd or a herd with vaccinated sows and boars located in a county with ten or more pseudorabies infected herds, the herd of origin is required to have a representative sample of swine tested negative to an official test for pseudorabies within the previous twelve months.

(i) When swine reach a weight of over two hundred pounds they may be released from quarantine no less than thirty days following arrival if they are tested and classed negative to an official test for pseudorabies; or

(ii) When swine are moved from the quarantined premises directly to a "terminal show" as defined in paragraph (A)(1) of rule 901:1-18-10 of the Administrative Code; or

(iii) Swine not moved in accordance with paragraph (C) (2) of this rule may move from quarantine with a permit from the Ohio department of agriculture.

(d) In addition to all other requirements in this rule, no person shall move feeder swine within Ohio into a stage II feedlot unless the swine are vaccinated with a G1 pseudorabies vaccine; and

(i) Any future swine additions to this stage II feedlot from another state or an Ohio livestock market shall be eartagged. Additions from an Ohio farm shall be identified on a vaccination form which also documents the approximate weight and the number of swine vaccinated. Vaccination shall be with a G1 pseudorabies vaccine prior to the time of their arrival at the stage II feedlot; and

(ii) The feedlot will remain a stage II feedlot until:

(a) It is depopulated of all swine; or

(b) A thirty day interval occurs between any additions to the vaccinated feedlot population. The feedlot population may then be subjected to "representative sample" pseudorabies test at the owner's expense and must be found negative.

(iii) Upon request the department may issue a permit to vaccinate the feeder pigs on arrival at the feedlot if the vaccination requirement in paragraph (C)(2)(d)(i) of this rule cannot reasonably be complied with.

An owner of quarantined swine not eligible to move in accordance with paragraph (C)(1) of this rule may request to move from a quarantined herd or premises under a permit.

(D) No person shall move sporting swine within Ohio unless:

(1) Each swine is officially identified; and

(2) The swine have not been fed garbage within their lifetime; and

(3) The swine have not been members of a herd of swine known to be infected with pseudorabies within the previous twelve months; and

(4) The swine have not originated from a feral swine population within the previous twelve months; and

(5) The swine are accompanied by a certificate of veterinary inspection identifying each animal by official identification, breed, age, sex, the farm or market of origin and certification that the swine meet the requirements of this paragraph.

(6) The sporting swine meet the following pseudorabies requirements:

(a) Swine moved within Ohio for sporting purposes must originate from a qualified pseudorabies-negative herd and be subject to quarantine on the premises of destination until harvested, or

(b) Be negative to an official test for pseudorabies conducted within thirty days preceding movement and be subject to quarantine on the premises of destination until harvested.

(7) The sporting swine meet the following brucellosis requirements:

(a) Originate from validated brucellosis-free herd and be subject to quarantine on the premises of destination until harvested, or

(b) Be negative to a brucellosis test within thirty days preceding movement, if the animal was six months of age or over and be quarantined on the premises of destination until harvested.

(E) No person shall move from a sale swine which are purchased for exhibition or other purposes when the swine have been commingled at the sale with swine originating from a stage IV or lower status state or area unless:

(1) The swine are officially identified; and

(2) The swine are accompanied by a certificate of veterinary inspection identifying each animal by a registration number, official ear notch, tattoo or eartag, breed, age, sex, and the sale of origin where the commingling with imported swine occurred.

(3) All imported swine at a sale shall have moved into Ohio in compliance with paragraph (C) of rule 901:1-17-09 of the Administrative Code.

(4) If swine remain in Ohio after a sale they shall be quarantined and isolated from all other swine at their point of final destination until they are tested at the owner's expense and found to be negative to an official test for pseudorabies. The test for pseudorabies shall be conducted twenty-one to thirty days after arrival.

History

Effective: April 11, 2005
Promulgated Under: 119.03

Ohio Adm.Code 901:1-11-08 Quarantine of exposed herds.

(A) The department of agriculture shall place under quarantine any premises on which pseudorabies is known to exist. Where the department has reason to suspect the presence of pseudorabies, it shall require the owner or bailee to sign a written acknowledgement of possible existence of a dangerously contagious or infectious disease on his premises or the premises shall be placed under quarantine.

(B) Whenever a new premises is found to have a pseudorabies infected herd, all other porcine herds within one and three-quarters miles shall be tested.

(C) Whenever a herd is released from quarantine all porcine herd owners within one and three-quarter miles shall submit their herd to a pseudorabies test.

(D) No owner or bailee shall refuse to test a herd when ordered to do so by the director.

(E) The director may waive a pseudorabies test for any herd under paragraph (B) or (C) of this rule when presented documentation of evidence to justify waiver of test.

Last updated September 18, 2025 at 1:06 PM

History

Effective: February 15, 1993
Promulgated Under: 119.03

Chapter 901:1-13 Scrapie

Ohio Adm.Code 901:1-13-01 Definitions.

As used in this chapter:

(A) "Administrator" means the head of the animal and plant health inspection service of the United States department of agriculture and any individual authorized by the administrator to act for the administrator.

(B) "Animal" means a sheep or goat.

(C) "Approved laboratory" means the national veterinary services laboratories and any other laboratory authorized by the administrator to conduct, on one or more tissues, approved tests for scrapie.

(D) "Area veterinarian in charge" means a veterinarian employed by the United States department of agriculture, animal and plant health inspection service (USDA, APHIS) to supervise and perform animal health work in Ohio.

(E) "Designated scrapie/TSE epidemiologist" means a state or federal epidemiologist designated by the United States department of agriculture, animal and plant health inspection service to make decisions about the use and interpretation of diagnostic tests, field investigation data and the management of scrapie affected flocks.

(F) "Electronic implant" means any radio-frequency identification implant device approved for use in the scrapie program by the administrator to be applied to animals other than RR sheep that are not removed from an exposed flock.

(G) "Exposed animal" means:

(1) An animal that has been in a flock or herd at the same time as another animal in the flock or herd that has been determined to be scrapie-positive unless the animal:

(a) Has either had limited contact with the scrapie-positive animal, or

(b) Has been determined by a designated scrapie epidemiologist to be a low risk animal.

(2) An animal that resided on the premises of a scrapie source or infected flock or herd before the flock or herd completes the requirements of a flock plan.

(H) "Exposed flock" means a flock that contains an exposed or suspect female animal; or a flock or herd that once contained either an exposed or suspect female animal and the animal was neither tested for scrapie nor tested and found negative for scrapie.

(I) "Flock" means:

(1) All animals kept on a single farm or in a single feedlot; and

(2) All animals under either common ownership or common supervision on two or more farms or feedlots when any animals move between the farms or feedlots; or

(3) Multiple flocks/herds may be maintained on a single premises if a state or APHIS representative determines, based on examination of the flock records and inspection of the farm/feedlot, that:

(a) There is no interchange of animals between the flocks;

(b) The flocks never commingle and are kept at least thirty feet apart at all times or are separated by a solid wall through, over, or under which fluids cannot pass and through which contact cannot occur;

(d) The flocks have separate lambing/kidding facilities, including buildings and pastures, and a pasture or building used for lambing/kidding by one flock is not used by the other flock at any time; and

(e) The flocks do not share equipment without cleaning and disinfection in accordance with the guidelines published in 9 CFR 54.7.

(J) "Flock Plan" means a written flock management agreement signed by the owner, the accredited veterinarian (if one is employed) and a state or federal representative in which each participant agrees to undertake specific actions to control/eradicate scrapie from an exposed, infected or source flock.

(K) "Infected flock" means any flock in which a state or federal representative has determined that a scrapie-positive female animal has resided unless an epidemiologic investigation conducted by a state or federal representative shows that the animal did not lamb or abort in the flock. A flock will no longer be considered an infected flock after it has completed the requirements of a flock plan.

(L) "Non-compliant flock" means:

(1) Any source or infected flock whose owner declines to enter into a flock plan or post exposure management and monitoring plan agreement within sixty days of being so designated or whose owner is not in compliance with either agreement;

(2) Any exposed flock whose owner fails to make animals available for testing within sixty days of notification, or as mutually agreed, or whose owner fails to submit required samples as directed in the post exposure management and monitoring plan;

(3) Any flock whose owner has misrepresented, or who employs a person who has misrepresented, the scrapie status of an animal or any other information on a certificate, permit, owner statement, or other official document within the last five years; or

(4) Any flock whose owner or manager has moved, or who employs a person who has moved, an animal in violation of 9 CFR 79 within the last five years.

(M) "Official eartag" means an identification eartag approved by the United States department of agriculture, animal and plant health inspection service as being sufficiently tamper resistant for the intended use and providing unique identification for each animal. An official eartag may conform to the alphanumeric national uniform ear-tagging system or another system approved by APHIS, or it may bear an APHIS approved premises identification number that either contains a unique animal identification number or is used in conjunction with the producer's livestock production numbering system to provide a unique identification number.

(N) "Post exposure management and monitoring plan (PEMMP)" means a written agreement signed by the owner, an accredited veterinarian (if one is employed) and a State or federal representative in which each participant agrees to undertake specific actions to reduce the risk of the occurrence of scrapie and to monitor for the occurrence of scrapie in the flock for at least five years after the last high-risk or scrapie-positive animal is removed or exposed to a scrapie-positive animal.

(O) "Scrapie positive animal" means an animal for which an approved test for scrapie has been conducted with positive results by the national veterinary services laboratory or another laboratory authorized by the administrator to conduct scrapie tests in accordance with 9 CFR 54 through any of the following methods:

(1) Histopathologic examination of CNS tissues from the animal for characteristic microscopic lesions of scrapie;

(2) Protease-resistant protein analysis methods including, but not limited to, immunohistochemistry and/or Western blotting on CNS and/or peripheral tissue samples from a live or dead animal. The method must have been approved by the administrator for use on that tissue;

(3) Biassay;

(4) Scrapie-associated fibrils detected by electron microscopy; or

(5) Any other test method approved by the administrator in accordance with 9 CFR 54.10.

(P) "Source flock/herd" means a flock or herd in which an animal born into the flock or herd was diagnosed as scrapie positive within seventy-two months of birth.

(Q) "Suspect animal" means:

(1) An animal which exhibits symptoms suggestive of scrapie; or,

(2) An animal, not designated as positive for scrapie, that tests positive to a live animal screening test for scrapie.

(R) "Symptoms suggestive of scrapie" means an animal which exhibits any of the following symptoms:

(1) Weight loss despite retention of appetite,

(2) Behavioral abnormalities,

(3) Pruritus,

(4) Wool pulling,

(5) Biting at its legs or sides,

(6) Lip smacking,

(7) Motor abnormalities such as:

(a) Incoordination,

(b) High stepping gate of forelimbs,

(d) Swaying of the back end.

(8) Increased sensitivity to noise and sudden movement,

(9) Star gazing,

(10) Head pressing,

(11) Recumbency,

(12) Any other signs of neurological disease or chronic wasting.

Last updated August 25, 2026 at 10:43 AM

History

Effective: January 10, 2005
Promulgated Under: 119.03

Ohio Adm.Code 901:1-13-02 Reporting requirements.

(A) An owner, custodian, or veterinarian who observes symptoms suggestive of scrapie in an animal in a flock or herd shall:

(1) Report within twenty four hours the symptoms to either a state/federal representative or, to an accredited veterinarian; or,

(2) The owner shall submit the animal, either before or after it dies, to an approved laboratory for pathological diagnosis and necropsy.

(B) Owners, veterinarians and laboratories who are aware of animals that test positive to a live animal test shall report the test results within seven days to the Ohio department of agriculture, division of animal health. The owner shall submit the animal or tissue from the animal, either before or after death to an approved laboratory for necropsy.

Last updated August 25, 2026 at 10:55 AM

History

Effective: December 1, 2011
Promulgated Under: 119.03

Ohio Adm.Code 901:1-13-03 Quarantine.

(A) The following flocks and herds shall be quarantined:

(1) An infected flock or herd;

(2) A source flock or herd;

(3) A flock or herd listed by the United States department of agriculture as a non-compliant flock or herd;

(4) An exposed flock or herd in which the animal from the source flock or herd is missing;

(5) A flock in which an animal has been tested and confirmed positive for Nor98 like scrapie shall be quarantined until all animals in the flock have been identified with official individual identification. These animals may be moved off of the premises as allowed in the flock plan and post exposure monitoring plan as described in the national scrape eradication program standards (2019) which may be found by visiting ww.aphis.usda.gov.

(B) The following animals shall be quarantined:

(1) A suspect animal;

(2) An exposed animal upon a determination by the designated scrapie/TSE epidemiologist that without a quarantine there is a reasonable likelihood the disease could be spread by the exposed animal;

(3) Animals in an exposed flock or herd upon a determination by the designated scrapie/ TSE epidemiologist that without a quarantine there is a reasonable likelihood the disease was or could have been spread by the exposed animals.

(C) No person shall, without written permission from the Ohio department of agriculture, add to or remove an animal from a flock or herd which is quarantined.

(D) A flock or herd shall be released from quarantine after:

(1) A flock plan is completed;

(2) The flock is considered a compliant flock; or

(3) A permit is issued by the Ohio department of agriculture.

(E) An exposed animal and an animal in an exposed flock shall be released from quarantine when:

(1) The designated scrapie/TSE epidemiologist evaluates factors, including but not limited to, the genetics of the animal, the results of live animal testing, epidemiology and genetics of the source flock, and there is not a reasonable likelihood the disease will be spread by the animal; or,

(2) A permit is issued by the Ohio department of agriculture.

Last updated August 25, 2026 at 10:43 AM

History

Effective: October 21, 2019
Promulgated Under: 119.03

Ohio Adm.Code 901:1-13-04 Identification.

(A) Animals shipped into or out of Ohio shall be identified by one of the following means:

(1) Electronic implants:

(a) Which are approved for use in animals participating in a scrapie flock certification program (SFCP) and when accompanied by a certificate of veterinary inspection or owner statement that includes the implant numbers and name of the chip manufacturer; or

(b) Which are used in animals registered with a national registry association and the implant number is recorded by the registry on the registration certificate accompanying the animal; and

(2) Official ear tags which are:

(a) Approved for use in animals participating in a scrapie flock certification program; or

(b) Approved by USDA, APHIS for use in the scrapie eradication program; or

(3) United States department of agriculture backtags, when used on animals moving directly to slaughter;

(4) Tattoos that have been:

(a) Approved for use in animals participating in a scrapie flock certification program; or

(b) Approved by USDA, APHIS for use in the scrapie eradication program; or

(c) Recorded in the record book of an animal registry association when the animal is accompanied by either a certificate of registration from the association or an owner/custodian statement.

(B) Upon change of ownership, an animal shall be identified by one of the means listed in paragraphs (A)(1) to (A)(4) of this rule unless:

(1) The animal is a sheep less than eighteen months old moving in a slaughter channel;

(2) The animal is a goat of any age moving in a slaughter channel.

Last updated August 25, 2026 at 10:43 AM

History

Effective: January 10, 2005
Promulgated Under: 119.03

Ohio Adm.Code 901:1-13-05 Flock and herd plans.

(A) Flock and herd depopulation plans.

(1) The owner of a flock or herd that participates in a depopulation plan shall:

(a) Report within twenty four hours suspect animals and the deaths of animals over fourteen months of age;

(b) Identify all animals with an official identification as defined in rule 901:1-13-04 of the Administrative Code;

(d) Authorize breed associations, registries, livestock markets and packers to release any records relating to his or her flock or herd.

(e) Remove all intact animals;

(f) Under the supervision of a state or federal representative; clean and disinfect all buildings, pens, equipment and vehicles used by the quarantined herd or flock; and,

(g) Provide facilities and personnel necessary to carry out the details of a flock or herd depopulation and make animals available for inspection and testing.

(2) An owner who repopulates a flock or herd within five years of depopulation shall either enroll the flock or herd in a scrapie flock certification program, or sign a PEMMP.

(B) Genetic based flock and herd plans.

(1) The owner of a flock or herd that participates in a genetic based flock or herd plan shall:

(a) Remove all intact QQ sheep, offspring of female positive sheep, intact goats, suspects and test-positive animals;

(b) Remove other animals if indicated by genetic results of the scrapie positive animal(s);

(d) Identify all animals with an official identification as defined in rule 901:1-13-04 of the Administrative Code;

(e) Provide epidemiological information requested by the designated scrapie epidemiologist;

(f) Authorize breed associations, registries, livestock markets and packers to release any records relating to the owner's flock or herd;

(g) Apply electronic identification to all exposed animals that are not removed from the flock or herd under the flock/herd plan except sheep with an RR at codon 171;

(h) Under the supervision of a state or federal representative, clean and disinfect all buildings, pens, equipment and vehicles used by the quarantined herd or flock;

(i) Provide facilities and personnel necessary to carry out the details of a depopulation flock or herd and make animals available for inspection and testing; and

(j) Enroll in a scrapie flock certification program or sign a PEMMP.

(1) The owner of a flock that participates in an exposure based flock plan shall:

(a) Depopulate the following sexually intact animals, except male sheep that have tested RR at codon 171 and AA at codon 136 using an official genotype test:

(i) The progeny of a scrapie-positive dam;

(ii) Those born in the same flock during the same lambing season as progeny of a scrapie-positive dam, unless the progeny of the scrapie-positive dam are from separate contemporary lambing groups;

(iii) Those born in the same flock during the same lambing season that a scrapie-positive animal was born, or during any subsequent lambing season, if born before that flock completes the requirements of a flock plan; and

(iv) An exposed female sheep that has not tested QR, HR, or RR at codon 171 using an official genotype test.

(b) Depopulate any other animals that are required to be removed under a genotype plan for the flock.

(i) Report within twenty four hours any suspect animals and all deaths of animals over fourteen months of age;

(ii) Identify all animals with an official identification as defined in rule 901:1-13-04 of the Administrative Code;

(iii) Provide epidemiological information requested by the designated scrapie epidemiologist;

(iv) Authorize breed associations, registries, livestock markets and packers to release any records relating to the owner's flock or herd;

(v) Under the supervision of a state or federal representative, clean and disinfect all buildings, pens, equipment and vehicles used by the quarantined herd or flock;

(vi) Provide facilities and personnel necessary to carry out the details of a depopulation flock or herd and make animals available for inspection and testing; and

(vii) Enroll in a scrapie flock certification program or sign a PEMMP.

(D) Post-exposure management and monitoring plan

(1) The owner of a flock or herd that participates in a post-exposure management and monitoring plan shall:

(a) Maintain, and keep for a minimum of five years after an animal dies or is otherwise removed from a flock/herd, the following records for each animal in the flock/herd:

(i) Any identifying marks or tags present on the animal including:

(a) Individual official identification;

(b) Any secondary form of identification the owner of the flock/herd may choose to maintain; and

(ii) Sex, year of birth, breed and when possible to determine, the following: sire, dam and offspring of the animal; and

(iii) Date of acquisition and previous flock/herd, if the animal was not born into the flock/herd; and

(iv) Disposition of the animal including:

(a) Date of death; and

(b) Cause of death; or

(d) Name and address of the person to whom the animal was transferred.

(b) Upon request by a state or APHIS representative, have an accredited veterinarian collect tissues from animals for scrapie diagnostic purposes and submit them to a laboratory designated by a state or APHIS representative.

(c) Upon request by the state or APHIS representative, must make animals in the flock and the records required to be kept as part of these plans available for inspection.

(d) Meet requirements found necessary by a designated scrapie/TSE epidemiologist to monitor for scrapie and to prevent the recurrence of scrapie in the flock and to prevent the spread of scrapie from the flock.

Last updated August 25, 2026 at 10:43 AM

History

Effective: January 10, 2005
Promulgated Under: 119.03

Chapter 901:1-17 Importation and Health of Animals

Ohio Adm.Code 901:1-17-01 General requirements.

(A) No person shall move or import any animal into the state of Ohio unless that animal meets the rules of this chapter and all applicable federal laws or is otherwise exempt.

(B) Animals imported in violation of the rules of this chapter shall be quarantined and be brought into compliance with the applicable requirements of these rules at the owner's expense. Pursuant to Chapter 941. of the Revised Code, if the animals cannot or are not, for any reason, brought into compliance the department may order the animal returned to the place of origin, delivered to slaughter, or destroyed at the owner's expense.

(C) Imported animals shall be healthy and free of symptoms of contagious or infectious diseases and residues. They shall not have been recently exposed to any contagious or infectious diseases and shall not originate from a herd, flock, or area under quarantine.

(D) As required by the rules of this chapter, certificates of veterinary inspection, USDA national poultry improvement plan, veterinary service 9-3 forms, permits, and/or permit numbers shall be in the possession of the person in charge of the animal during movement.

(E)

A copy of a certificate of veterinary inspection must be forwarded to the "Chief, Division of Animal Health, 8995 E. Main Street, Reynoldsburg, Ohio 43068" within seven days of issuance.

The certificate shall be void thirty days after inspection and issuance unless specifically waived or extended time is granted by a permit from the department.

(F) When the purpose of importation is for a sale assembly, the sale management will provide an approved veterinarian to do the following:

(1) Examine the certificate of veterinary inspection of each animal brought to the sale;

(2) Inspect within a reasonable time of arrival each animal brought to the sale for symptoms of any infectious or contagious diseases; and

(3) Daily inspect each animal present at the sale for symptoms of infectious or contagious disease.

(G) Individuals wishing to import animals that do not meet the rules of this chapter may apply to the department for an entry permit. Applications for permits shall be made to the "Chief, Division of Animal Health, 8995 E. Main Street, Reynoldsburg, Ohio 43068," telephone 614-728-6220. Such applications shall include the number and species of animals, identification numbers, the origin and date of shipments, consignee, the purpose of the importation, and shall include the age and sex. All animals entering Ohio under a permit are subject to quarantine and inspection on arrival at destination.

If at any time the conditions of a permit are violated by the holder and would endanger the health of other animals in the state of Ohio, the chief may suspend such permit and refuse to issue any future permit.

Last updated August 31, 2026 at 8:21 AM

History

Effective: February 12, 2018
Promulgated Under: 119.03

Ohio Adm.Code 901:1-17-02 Definitions.