Ohio Adm.Code 901 | Ohio Administrative Code 901 — Department of Agriculture

Chapter 901-2 Matching Grants

Ohio Adm.Code 901-2-01 Definitions.

As used in this chapter:

(A) "Agriculture" has the same meaning as section 5301.67 of the Revised Code.

(B) "Agricultural area" means land that a political subdivision has identified in an adopted local comprehensive land use plan as significant for agriculture.

(C) "Agricultural district" means a tract, lot, or parcel of land that is enrolled with the county auditor as land devoted to agricultural use pursuant to Chapter 929. of the Revised Code.

(D) "Agricultural easement" has the same meaning as section 5301.67 of the Revised Code.

(E) "Agricultural easement value" means the difference between the fair market value of the property before and after the easement takes effect as determined by the department's points-based appraisal system, or a qualified appraiser if required by the director.

(F) "Agricultural security area" means an area of at least five hundred acres of contiguous land that is enrolled with the county commissioners and township trustees for a period of ten years and devoted to agricultural use pursuant to sections 931.01 to 931.09, 931.99, and 5709.28 of the Revised Code.

(G) "Application for certification" means the act of a municipal corporation, county, township, soil and water conservation district, or charitable organization submitting an application to the director demonstrating that it has the managerial, legal, and financial expertise to operate a local agricultural easement purchase program and to share legal responsibility with the director to select, hold, monitor, supervise, and enforce the provisions of an agricultural easement.

(H) "Application property" means the land or lands that make up the holdings, on a single application, for which a matching grant is being sought in exchange for the sale of a perpetual agricultural easement.

(I) "Best management practices" means those farming methods generally accepted in the agricultural community as beneficial in conserving the productivity of farmland.

(J) "Century Farm" means a farm recognized by the department which has maintained a farm or homestead in one family for at least one hundred consecutive years.

(K) "Certified local sponsor" means an organization which has been approved in accordance with rule 901-2-07 of the Administrative Code.

(L) "Charitable organization" means an organization that meets the federal taxation requirements outlined within division (B) of section 5301.69 of the Revised Code.

(M) "Contiguous" means any of the following:

(1) Geographically adjacent property used for agriculture, which may include a homestead;

(2) Two or more pieces of property used for agriculture that would be geographically adjacent but for the fact that the property is separated by a public or private right-of-way or rights-of-way or by rivers, streams, creeks, or other bodies of water; or

(3) Two or more pieces of property used for agriculture that would be geographically adjacent but for the fact that the property is separated by a unique corridor, such as a state owned interstate or railroad, and the director believes that it is in the land and department's best interest to have the farm parcels under one easement.

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

(O) "Director" means the director of the Ohio department of agriculture or the director's designees.

(P) "Farmland preservation advisory board" means the board as defined in section 901.23 of the Revised Code.

(Q) "Flood pool" means an area of flood-prone land subject to inundation by impounded floodwaters from a flood control structure. For dams with abnormal pool elevation, the lands surrounding this area that are below the elevation of an emergency spillway.

(R) "Fund" means the "Clean Ohio Agricultural Easement Fund" as defined by division (G) of section 901.21 of the Revised Code, and the agricultural easement purchase fund as defined by division (F) of section 901.21 of the Revised Code.

(S) "Grantor" means the individual partnership, corporation, trust, or legal entity landowner who sells or donates an agricultural easement to the director, a political subdivision, or a charitable organization.

(T) "Homestead" as referenced in division (A)(3) of section 901.21 of the Revised Code means the portion of an application property on which a residence, dwelling, house, or residence-related appurtenances are permitted.

(U) "Legal entity" means a person, firm, corporation, association, or partnership, or other entity authorized under Ohio law.

(V) "Local comprehensive land use plan" means a municipal, county, township, or soil and water conservation district, comprehensive long range land use plan that identifies areas for agricultural protection and has been adopted by the local political subdivision.

(W) "Local sponsor" means a municipal corporation, county, township, soil and water conservation district, or charitable organization that applies for a matching grant on behalf of the landowner.

(X) "Market value" means the price as of the valuation date for land exclusive of buildings and related site improvements, in accordance with the land's highest and best use which a willing and informed seller who is not obligated to sell would accept for the land and which a willing and informed buyer who is not obligated to buy would pay for the land. The valuation shall be determined by the department's points-based appraisal system, or a general real estate appraiser who is certified under Chapter 4763. of the Revised Code if required by the director. This value applies only to the comparable sales method of appraisal, not the points based appraisal method.

(Y) "ODA certification" means the certification by the director that a municipal corporation, county, township, soil and water conservation district, or charitable organization has demonstrated in its application for certification that it does have the managerial, legal, and fiscal expertise to operate a local agricultural easement purchase program and, based upon the entity's degree of expertise, the director awards a matching grant of up to one million dollars to share legal responsibility with the department to select, hold, monitor, supervise, and enforce the provisions of an agricultural easement.

(Z) "Political subdivision" means a municipal corporation, county, township, or soil and water conservation district.

(AA) "Purchase agreement" means an agreement between the landowner and the department in which the landowner agrees to convey an agricultural easement on certain property to the department for a fixed price.

Last updated September 26, 2024 at 8:38 AM

History

Effective: September 26, 2024
Promulgated Under: 119.03

Ohio Adm.Code 901-2-07

(A) Only local sponsors which have been designated as certified according to the requirements of this rule, may accept applications from landowners for agricultural easement matching grants and select landowners for matching grants using the requirements and procedures in this chapter.

(B) A certified local sponsor is a municipal corporation, board of county commissioners or township trustees, a soil and water conservation district, or land trust that has demonstrated, as prescribed by the director, that the local sponsor would have the managerial, legal, and financial expertise to:

(1) Operate a local agricultural easement purchase program and apply for matching grants; and

(2) Share legal responsibility with the department to hold, monitor, supervise, and enforce the provisions of an agricultural easement.

(1) Apply to the department on a form provided by the director;

(2) Meet all requirements for participation in the certified local sponsor program as indicated on the application;

(3) On approval of the application for certification, the certified local sponsor shall sign a cooperative agreement with the department; and

(4) If the local sponsor is a charitable organization, the local sponsor must submit to the department:

(a) A copy of the organization's exemption under 26 U.S.C. 1, subsection 501(a) and 501(c);

(b) A copy of the organization's by-laws or regulations stating that farmland preservation is one of the local sponsor's purposes;

(d) The organization's financial condition, including a balance sheet, revenue and expense statement, and the financing available for monitoring and enforcing an agricultural easement;

(e) The organization's ability to provide the necessary managerial, legal, and financial expertise to hold, monitor, and enforce an agricultural easement; and

(f) A statement of the organization's stewardship policy.

(D) If a points-based appraisal is used for determining valuation, the certified local sponsor shall use the department's points-based appraisal system.

Last updated September 26, 2024 at 8:39 AM

History

Effective: September 26, 2024
Promulgated Under: 119.03

Ohio Adm.Code 901-2-02 Eligibility requirements for application property.

(A) To be eligible for consideration for a matching grant, the agricultural easement proposed to be purchased shall be on agricultural land that meets all the following criteria:

(1) The application property shall be valued, at the time the application is made, at the property's current agricultural use valuation for real estate tax purposes under section 5713.31 of the Revised Code, with the exception of the homestead; wind energy-producing facilities, including windmills and wind turbines; bio-digesters; and/or other land uses as determined by the director.

(2) Application landowner must have fee simple title to the land.

(3) The landowner certifies that, to the best of the landowner's knowledge, the application property contains no hazardous substances or toxic wastes.

(4) Title to the application property shall not be subordinate to any other legal or equitable interest, the exercise of which would result in a conversion of the land from predominately agricultural use. A subordination agreement must be obtained by the landowner within a reasonable timeframe, as determined by the director. An extension of time to obtain subordination may be granted by the department.

(5) All parcels submitted under one application shall be contiguous and no land that is included as part of the submitted parcels shall be excluded. Waiver of this requirement may be considered by the department.

(6) The application property shall be enrolled, at the time the application is made, in the agricultural district program, under section 929.02 of the Revised Code, with the exception of the homestead; wind energy-producing facilities, including windmills and wind turbines; bio-digesters; and/or other land uses as determined by the director.

(7) Where the local government has adopted zoning, the application property shall be zoned for agricultural use or a designation compatible with agricultural use.

(B) All applications for matching grants which meet all of the foregoing eligibility requirements shall be ranked in accordance with the criteria established in rule 901-2-05 of the Administrative Code.

(C) If the application does not meet all of the above requirements, the director or certified local sponsor may disqualify such application.

Last updated September 26, 2024 at 8:38 AM

History

Effective: September 26, 2024
Promulgated Under: 119.03

Ohio Adm.Code 901-2-05

(A) Prior to accepting applications for matching grants, the director shall notify and make available, through various farm organizations, charitable organizations, and political subdivisions the following:

(1) The procedure for applying for matching grants;

(2) The application for matching grants; and

(3) The application ranking system which is outlined in paragraphs (B) and (C) of this rule and section 901.22 of the Revised Code.

(B) The application ranking system shall be comprised of several criterion as indicated in paragraph (C) of this rule. The ranking system will assign a score for each criterion based on the weighted score range as indicated. The total score for all criteria is one hundred points. Prior to each application funding round the director, with the advice of the farmland preservation advisory board, or if a certified local sponsor is participating, the certified local sponsor shall determine the specific value within this range for each ranking criterion as indicated in paragraph (C) of this rule. Applications approved by the director will then be submitted for phase two evaluation.

(1) Soil types and agricultural productivity. Range: fifteen to thirty points. Emphasis for matching grants is placed on soils which are classified as prime or officially designated unique or locally important.

(2) Protected areas. Range: fifteen to thirty points. Emphasis for matching grants is placed on land that is adjacent to or in close proximity, in a formula approved during the certification process by the director or otherwise mathematically defined by the director, to agricultural land or other land that is conducive to agriculture, whether such land is in the process of being protected or is already permanently protected such that a buffer from development exists between land proposed for agricultural easement and areas that have been developed or likely will be developed for purposes other than agriculture. These protected areas include, but are not limited to, the following:

(a) Land that has already been permanently protected from development through agricultural or conservation easements;

(b) Flood pools and other normally undevelopable waterbodies;

(c) Parks, open spaces, forests, nature preserves, and other natural areas that are not protected from development through conservation easements, but have permanent deed restrictions or other restrictions which the director determines could protect agricultural land;

(d) Publicly owned agricultural research lands that the director determines could protect agricultural land; and

(e) Airports, military bases, or other developed areas that the director determines could be appropriately buffered by agricultural land.

(3) Use of best management practices including approved conservation plans. Range: five to ten points. Emphasis for matching grants may be given to, but is not limited to, the landowner who certification from the natural resource conservation service, soil and water conservation district, or other generally accepted qualified organization, as determined by the director, stating that the operation of the application property includes best management practices utilizing appropriate conservation standards, has a forestry management plan approved by the Ohio department of natural resources or qualified organization, as determined by the director, if applicable, and has a history of substantial compliance with federal and state agricultural laws.

(4) Development pressure. Range: fifteen to thirty points. Emphasis for matching grants is placed on farmland faced with potential development pressure that is likely to affect the ability of the farm operator to conduct agricultural activities or cause conversion of the agricultural land to nonagricultural uses. Development factors may include, but are not limited to, the following:

(a) Roadway distance from any border of the property to sanitary sewer and water;

(b) Roadway distance to the nearest freeway interchanges;

(d) Development pressure as measured by activity such as an increase in lot splits, well or septic permits, traffic counts, or other indicators determined by the director to accurately measure such pressure.

(5) A local comprehensive land use plan which identifies areas for agricultural protection. Range: fifteen to thirty points. Emphasis for matching grants may be placed on, but is not limited to, application properties which are located within a designated agricultural area of a political subdivision's long-range plan and where the political subdivision has adopted specific action to protect the area, such as zoning where agriculture is the predominant land use, a commitment not to extend utilities, or initiate any non-agricultural development activity.

(6) Other criteria as approved by the director. Range fifteen to thirty points. These criteria include, but are not limited to, the following:

(a) Application property location relative to a metropolitan statistical area;

(b) Application property enrollment in the agricultural security area program;

(d) Century farm designation by the director; and

(e) Application property with local match higher than the required twenty-five per cent minimum, through cash or donation.

(D) For each funding round, the director may adopt guidelines, including but not limited to, the following:

(1) A limit on the number of application properties, acres, or dollar amount funded per county;

(2) A limit on the number of application properties per grantor;

(3) A limit on the dollar amount funded per certified local sponsor;

(4) A maximum dollar amount per acre of matching grant funds; or

(5) A maximum dollar amount of matching grant funds per landowner shall not exceed one million dollars, as required by section 901.22 of the Revised Code.

Last updated September 26, 2024 at 8:39 AM

History

Effective: September 26, 2024
Promulgated Under: 119.03

Ohio Adm.Code 901-2-04 Landowner application procedure.

(A) The open enrollment application period for the easement purchase program as set by the department shall not exceed ninety days.

(B) Application shall be made on a form approved by the director. The application must contain, but is not limited to, the following information:

(1) A resolution, ordinance, or recorded action from the certified local sponsor supporting the landowner's application, certifying the availability and committing to pay the required local match, if applicable, and agreeing to share legal responsibility to monitor, supervise, and enforce the agricultural easement.

(2) The printed name, address, telephone number, and signature of all owners of the application property, including land contract holders`.

(3) The municipality, county, township, and street address where the application property is located.

(4) The name, address, and telephone number of the person to be contacted regarding the application property if other than the landowner.

(5) Identification of any known restrictive covenants or third party interests.

(6) The current agricultural use value of the application property and the market value of the application property as determined by the county auditor's most recent assessment.

(7) The most recent copy of the real property record from the county auditor establishing that the application property is valued for purposes of real property taxation at the property's current value for agricultural use under section 5713.31 of the Revised Code, as applicable, in paragraph (A)(1) of rule 901-2-02 of the Administrative Code.

(8) The most recent copy of the real property record from the county auditor establishing that the application property is currently enrolled in an agricultural district as provided for in section 929.02 of the Revised Code, as applicable, in paragraph (A)(6) of rule 901-2-02 of the Administrative Code.

(9) A copy of the grantor's deed of record.

(10) A map or aerial photograph of the application property including delineated homestead area, existing roads and buildings, boundaries, total road frontage of the farm, known power easements, and any land excluded from the easement.

(11) A map or aerial photograph showing an adequate radius around the application property to include the proximity of the application farm from any protected properties (easement and non-easement), to neighboring applicant farms, accessible public roadway intersections, including boundaries, distance from sewer and water, interchanges, known pipelines, and/or any other reported distances supported in the application.

(12) Indication of:

(a) Proximity to other protected lands;

(b) Best management practices;

(d) Local comprehensive planning and farmland preservation efforts; and

(e) Other factors as determined by the director prior to each application funding round.

(C) The application shall contain a section approved by the county soil and water conservation district or the county natural resource conservation service, which includes, but is not limited to, the following:

(1) Total number of acres considered prime, unique, or locally important;

(2) The date and status of the conservation plan, if any, which has been approved by the county soil and water conservation district or county natural resource conservation service; and

(3) A color-coded soils map containing a list of soil mapping unit names and symbols on the application property.

(D) If the application is being made by a charitable organization, then the application shall contain an ordinance or resolution supporting the agricultural easement from the applicable municipal corporation or township and county(ies) where the application property is located.

(E) The application must be signed by the local sponsor or the local sponsor's authorized representative completing the application.

(F) The county or municipal planner, engineer or other qualified official as approved by the director must also sign the application to verify that all reported distances are accurate and complete.

(G) No application shall be accepted which is:

(1) Completed and postmarked after the closing date for submission; or

(2) Incomplete, or not accompanied by all of the information required within the application.

(H) An amendment to an easement application will only be accepted if the amendment is received prior to the application deadline.

(I) During the application review process the department or the certified local sponsor may request clarification from an applicant\landowner and may provide an applicant an opportunity to correct typographical errors\defects in the application.

(J) Applications must contain all material requested within the application. Any application failing to meet the requirements of the rule shall automatically be disqualified, unless the director believes that it is in the department's best interest to waive any defect in the application.

Last updated September 26, 2024 at 8:39 AM

History

Effective: September 26, 2024
Promulgated Under: 119.03

Ohio Adm.Code 901-2-06 Determination of selected application properties.

(A) Phase one "Application"

Applications reviewed by the department: within ninety days of the close of the application period, or another period of time as specified by the director, submission of the highest scoring applications by the local sponsor, and after the application evaluation is completed, the department shall determine the top scoring applications, in descending order, for each local sponsor and the top scoring applications shall proceed to phase two of the process.

(B) Phase two "Review"

Within ninety days of the receipt of applications selected by the department and certified local sponsors, or another period of time as specified by the director, and once the applications are found compliant, the farmland preservation advisory board shall then ensure that the applications as submitted are in compliance with the director's guidelines as provided for the current funding round. The farmland preservation advisory board shall then advise the director of those applications which are compliant with the ranking system and within the director's guidelines for that funding round. Upon such selection, the director shall notify the landowners that the application has been selected to proceed to phase three of the process.

This phase confirms that the application property has been approved for grant funding pending completion of a title search as required herein and review of any contingencies, such as legal boundary, appraisal, and signing of the purchase agreement. The department will review the documentation for compliance with the program requirements. The application may proceed if the department determines that the documentation is satisfactory.

(1) The following documents must be obtained and conditions met at the landowner's sole expense:

(a) A current commercial title search performed by an authorized title insurance agency for the entire application property which demonstrates the landowner holds marketable title, unless exempted by the director;

(b) A title insurance commitment naming the director as an insured party for a sum equal to the amount set forth in the purchase agreement;

(d) Interests that limit the title of a property, such as mortgages, leases, encumbrances, liens, restrictions, or legal or equitable interests, must be cleared or subordinated, at or prior to closing, unless exempted by the director.

(2) If the title search, required under paragraph (C)(1)(a) of this rule, reveals other third party interests, not previously known, that may threaten the intent to keeping the land in agriculture if exercised, a statement of subordination to the terms of the agricultural easement shall be obtained from the third party by the landowner, before proceeding to rule 901-2-08 of the Administrative Code.

(3) At the director's discretion, a comparable land appraisal may be required. The party responsible for incurring the cost of the comparable land appraisal will be determined by the director prior to phase three "Purchase Agreement/Contingency" of the application period.

(4) A present condition report completed by the local sponsor using a template provided by the director as specified in rule 901-2-08 of the Administrative Code.

(5) Such other information as is necessary and useful to determine that the property is appropriate for inclusion, as requested by the director.

(6) Costs incurred by the department or the local sponsor for the above items may be paid directly to the department or the local sponsor, or may be reimbursed to the department or the local sponsor at closing. The department will review the documentation for compliance with the program requirements. The application may proceed if the department determines that the documentation is satisfactory.

(D) Phase four "Purchase Agreement"

Once phase three is completed and the department has determined the property is in compliance with the program requirements a purchase agreement will be drafted and sent to the landowner and/or the local sponsor. Once the department has received a signed purchase agreement from the landowner, the application shall proceed to phase five. The purchase agreement shall include but not be limited to:

(1) The total amount of the offer per acre, and for the entire application property;

(2) A statement that the grantor has no actual knowledge of hazardous substances or wastes, and that the grantee is held harmless from any and all liability or expense arising from violation of environmental laws and regulations;

(3) Any other provisions the director deems necessary for the landowner to be aware of prior to signing a deed of agricultural easement, and permitted pursuant to section 901.21 or 901.22 or division (D)(2) of section 5301.691 of the Revised Code.

(a) Within thirty days of receipt of the purchase agreement from the director, the landowner shall sign and return the document to the director, or advise the director, in writing, of their rejection of the offer. Failure of the applicant or landowner to act within thirty days of receipt of the purchase agreement shall constitute a rejection of the director's offer to purchase.

(b) If the purchase agreement is signed by all parties, then the application shall proceed to phase five.

(E) Phase five "Execution of Deed of Easement"

(1) Except for the purposes of paragraph (E)(2) of this rule, upon receipt of a signed purchase agreement, the landowner shall execute a deed of agricultural easement conveying an agricultural easement to the director. Concurrently, the department shall tender a lump sum payment to a title insurance company, or the local sponsor who will obtain a title insurance company or other agent, to act as an escrow agent for distribution to the landowner and/or the landowner's assignee in the proportions directed by the landowner.

(2) Upon receipt of a signed purchase agreement, the landowner shall convey a deed of agricultural easement to the state of Ohio where the department shall compensate the landowner through an installment purchase agreement. Such agreement must be pre-approved by the director and shall include:

(a) Any installment payment terms;

(b) Dates and amounts of payments and to whom payable, including without limitation any assignee(s) of landowner; and

Last updated September 26, 2024 at 8:39 AM

History

Effective: September 26, 2024
Promulgated Under: 119.03

Ohio Adm.Code 901-2-08

(A) The purpose of the present condition report is to document and record the use, nature, and condition of an application property and improvements at the approximate time an agricultural easement is purchased. The report is used as a baseline document to assist in monitoring and enforcing the terms of the agricultural easement. The report shall be completed by the applicant using the template provided by the director. The certified local sponsor and the landowner shall sign the acknowledgment of condition page and record the present condition report as an exhibit to the agricultural easement.

(B) The narrative descriptions in the present condition report shall be in sufficient detail and clarity to accomplish the purposes of the report.

(D) All maps and accompanying supporting documentation shall be clearly legible and capable of being photocopied.

(E) If the county recorder in the county where the deed of agricultural easement is recorded refuses or is unable to record the maps and photographs contained in the present condition report, the maps and photographs shall be filed with the office of farmland preservation at the department. A separate agreement will be signed by the department, the local sponsor, and the grantor acknowledging that such maps and photographs shall be filed with the office of farmland preservation at the department.

Last updated September 26, 2024 at 8:39 AM

History

Effective: September 26, 2024
Promulgated Under: 119.03

Ohio Adm.Code 901-2-09 Appraisals.

(A) Appraisals required under this chapter shall be conducted using either a points-based appraisal system or the comparable sales methodology.

(B) The points-based appraisal system shall comply with the requirements set forth in division (D) of section 901.22 of the Revised Code.

Last updated September 26, 2024 at 8:39 AM

History

Effective: September 26, 2024
Promulgated Under: 119.03

Ohio Adm.Code 901-2-10 Deed of agricultural easement.

(A) The deed of agricultural easement shall identify the owner of the application property as grantor and the director of the department of agriculture, the local holder, and if applicable a federal holder as the grantees.

(B) The deed of agricultural easement shall comply with, but not be limited to, division (A)(2) of section 901.22 of the Revised Code.

Last updated September 26, 2024 at 8:40 AM

History

Effective: September 26, 2024
Promulgated Under: 119.03

Ohio Adm.Code 901-2-11 Supervision and enforcement.

(A) The certified local sponsor shall be obligated to monitor and enforce compliance with the terms and conditions of the agricultural easement. Annually, the certified local sponsor shall visit the property to determine if the provisions of the agricultural easement are being complied with. Prior to conducting the monitoring visit, the certified local sponsor shall review the provisions of the agricultural easement.

(B) Written notice of the annual on-site inspection shall be sent by the certified local sponsor to the landowner at least ten days prior to the date of inspection. The annual inspections shall be conducted between eight a.m. and five p.m. on a weekday other than a legal holiday, unless the landowner agrees otherwise. The director and the certified local sponsor shall have the right, with reasonable notice, to inspect the property as long as the agricultural easement is in effect.

(C) Within a reasonable time after conducting an inspection the certified local sponsor shall prepare a written inspection report using the template provided by the director, including but not limited to the following information:

(1) The identification of the land inspected;

(2) The name of the owner of the property at the time the easement was originally acquired and the name of the current owner of the land inspected;

(3) Description of modifications in the number, type, location or use of any buildings or structures on the land since the date of the last annual on-site inspection report;

(4) A description of deviations from best management practices observed on the restricted land; and

(5) A description of any subsequent legal interests claimed on the protected property.

(D) The certified local sponsor shall provide a copy of the inspection report to the landowner and the director.

(E) If the certified local sponsor's inspection reveals any violations of the easement, the certified local sponsor shall include, with a report sent to the landowner and the director, a notice of violation. The notice shall contain the following:

(1) A description of the action or condition which the certified local sponsor alleges is a violation of the terms of the easement;

(2) A statement of the measures necessary to correct the alleged violation;

(3) A time frame of thirty days for correcting any violation; and

(4) A statement that failure to correct the violation may lead to civil action.

(F) If the violation is not corrected as outlined to the landowner in the report of paragraph (E) or (F) of this rule, the director or the certified local sponsor, upon consultation with and approval by the department, may initiate an action in the court of common pleas of the county in which the restricted land is located, unless the deed of agricultural easement requires filing in another county, seeking an order requiring correction of the violation, enjoining further violation of the terms of the easement, and may request additional relief of the court unless the certified local sponsor does one of the following:

(1) Determines that the landowner has commenced the necessary corrective measures;

(2) Determines that the necessary corrective measures cannot reasonably be completed within the thirty day period described in paragraph (E)(3) of this rule and establishes a period not to exceed one hundred eighty days, unless specifically agreed to by the director, within which corrective measures shall be completed; or

(3) When the violation is corrected, the certified local sponsor or the director shall issue a letter of no further action required.

(G) The director shall be a party to all enforcement actions filed by the certified local sponsor. No enforcement action shall be dismissed without the consent of the director.

(H) If at any time the director or the certified local sponsor believes that a violation of the easement could irreversibly diminish or impair the property for agricultural use the local sponsor and/or the director may take immediate, appropriate legal action, including obtaining an injunction without notice, to stop the violation or to require the grantor to correct the violation.

(I) Notwithstanding any other rule in this chapter, the director or the director's designee reserves the right to conduct an inspection of the application property and enforce any violations of the deed of agricultural easement.

Last updated September 26, 2024 at 8:40 AM

History

Effective: September 26, 2024
Promulgated Under: 119.03

Ohio Adm.Code 901-2-12 Easement extinguishment.

(A) An agricultural easement which is purchased in whole or in part from the clean Ohio agricultural easement fund created in division (G) of section 901.21 of the Revised Code or from the agricultural easement purchase fund created in division (F) of section 901.21 of the Revised Code must be held in perpetuity. If due to an unexpected change in the conditions of or surrounding the land that is subject to the easement makes impossible or impractical the continued use of the land for the purposes described in the easement, then the landowner may request the certified local sponsor or the department to extinguish the easement, either in whole or in part pursuant to division (A) of section 901.22 of the Revised Code.

(B) Upon receipt of the request, the certified local sponsor shall immediately notify the department of the request. The certified local sponsor or the department shall investigate the claim by the landowner that there has been an unexpected change in the conditions of or surrounding the land that makes it impossible or impractical to continue use of the land for the agricultural purposes described in the easement. These changes can be:

(1) Natural physical changes to the land that have occurred which are generally irreversible in nature and permanently affect the agricultural use of the land; or

(2) Development pressure adjacent to or surrounding the land that renders the agricultural use of the land impossible or impractical.

(C) The director and the certified local sponsor may seek expert advice from individuals, agencies and organizations to assist in developing objective criteria on which an extinguishment can be evaluated.

(D) The investigation by the certified local sponsor or the department must include an on-site inspection of the land and a conference with the landowner. Any costs incurred by the certified local sponsor or the department to conduct the investigation may be charged to the landowner. The results of the investigation will be used by the director and the certified local sponsor to determine whether to approve the request for extinguishment.

(E) The director and the certified local sponsor must both approve or reject a request from the landowner for an extinguishment of an agricultural easement within ninety days of receiving said request, or the request is considered to be rejected.

(F) If the request for extinguishment is approved by the director and the certified local sponsor, a resolution or ordinance from the legislative authority or certified local sponsor stating support for the extinguishment of the agricultural easement, along with any related supporting materials documenting the reasons for extinguishment, shall be forwarded to the director for purposes of record keeping in the department.

(G) Upon receipt of approval of the extinguishment from the director, the certified local sponsor shall notify the landowner of the director's decision to approve the request for extinguishment, and, on a form provided by the director, shall notify the county auditor and county recorder of the extinguishment who shall place a lien upon the property.

(H) If the landowner's request for extinguishment of the agricultural easement is not approved by the director and certified local sponsor, then the landowner may appeal the decision to the court of common pleas.

(I) If the landowner donated any portion of the agricultural easement to the director, and received federal tax benefits for doing so, then the easement can be extinguished only by a court proceeding determining agricultural use is no longer viable using the criteria specified in paragraphs (A) to (G) of this rule.

(J) An agricultural easement may be extinguished by eminent domain proceedings under applicable state or federal law.

Last updated September 26, 2024 at 8:40 AM

History

Effective: September 26, 2024
Promulgated Under: 119.03

Ohio Adm.Code 901-2-13 Recoupment of funds.

(A) Upon the sale, exchange, or involuntary conversion of the protected property, a recoupment of funds equal to the proportionate value of the easement compared to the total market value of the land when the easement was purchased shall upon receipt by the local holder be remitted to the director for deposit in the agricultural easement purchase fund created in division (E) of section 901.21 of the Revised Code.

(B) The recoupment amount will be calculated by using the percentage of the fair market value of the land that was granted from the fund at the time the agricultural easement was acquired and applying that percentage to the fair market value at the time the agricultural easement is extinguished. The fair market value shall be determined by a general real estate appraiser who is certified under Chapter 4763. of the Revised Code.

(C) The local holder's proportionate value contribution to the purchase shall be returned to the political subdivision or charitable organization that made the contribution.

(D) If the minimum twenty-five per cent local match for the agricultural easement value was by donation from the landowner, the proportionate value which was donated shall be retained by the landowner.

Last updated July 31, 2024 at 11:39 AM

History

Effective: March 21, 2016
Promulgated Under: 119.03

Ohio Adm.Code 901-2-14 Meetings of farmland preservation advisory board.

(A) Board meetings

The director or the director's designee shall call meetings of the advisory board when necessary for the board to provide advice to the director, and the non-voting chairperson shall provide notice of any meetings pursuant to paragraph (B) of this rule.

(B) Notice of meetings

(1) Regular meetings: Notice of all of the advisory board's regularly scheduled meetings, including date, starting time and location will be posted on the Ohio department of agriculture's web site www.agri.ohio.gov at least ten days in advance of all scheduled meetings.

(2) Special meetings: Notice of date, time, place, and purpose of any special meetings shall be posted on the Ohio department of agriculture's website www.agri.ohio.gov at least twenty-four hours prior to said meeting. Notice may also be sent to other media outlets that requested such information.

(3) Emergency meetings: Notice of date, time, location, and purpose of all emergency meetings shall be given to all news media who requested prior notification, and the meeting notice shall be posted on the department's website www.agri.ohio.gov.

(C) Any person may obtain prior notice of the date, time, and location of any regularly scheduled, special, or emergency, meetings when a particular type of business is to be discussed by requesting prior notification in writing at agrfarmlandpreservation@agri.ohio.gov or writing to the "Ohio Department of Agriculture, Office of Farmland Preservation, 8995 East Main Street, Reynoldsburg, Ohio 43068."

Last updated September 26, 2024 at 8:40 AM

History

Effective: September 26, 2024
Promulgated Under: 119.03

Chapter 901-3 Notice; Special Account

Ohio Adm.Code 901-3-01 Public notice for rule filing.

(A) Public notice shall be given by the Ohio department of agriculture pursuant to division (A) of section 119.03 of the Revised Code.

(B) The public notice shall summarize the proposed rule, amendment, or rescission and state the date, time, and place of the hearing.

(C) Notice of all rules is available for review with the joint committee on agency rule review website: www.jcarr.state.oh.us and at the register of Ohio's website: www.registerofohio.state.oh.us.

Last updated February 6, 2024 at 9:34 AM

History

Effective: October 12, 2015
Promulgated Under: 119.03

Chapter 901-4 Administrative Hearings

Ohio Adm.Code 901-4-01 Administrative Hearings.

(A) Unless otherwise provided by the Ohio Revised Code, all administrative hearings before the Ohio department of agriculture shall be held pursuant to Chapter 119. of the Revised Code.

(B) All administrative hearing shall be conducted in accordance with Chapter 119. of the Revised Code in conjunction with the department's administrative hearing manual. The administrative hearing manual can be found by visiting the department's website at www.agri.ohio.gov

Last updated February 6, 2024 at 9:35 AM

History

Effective: January 7, 2018
Promulgated Under: 119.03

Chapter 901-5 County and Independent Agricultural Societies

Ohio Adm.Code 901-5-01 Definitions.

As used in rules 901-5-01 to 901-5-16 of the Administrative Code:

(A) "Agricultural society" or "society" means a county agricultural society or an independent agricultural society which is organized and operates under the laws of the state of Ohio.

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

(D) "District" means the area supporting an independent agricultural society as set forth in the constitution of the society.

Last updated September 14, 2023 at 10:48 AM

History

Effective: July 7, 2016
Promulgated Under: 119.03

Ohio Adm.Code 901-5-16

(A) "Junior fair premiums" as used in the forms for the annual reports of agricultural societies means:

(1) Money paid by a society as awards to individual members or groups of members, of junior organizations for which the society provides awards in the society's annual premium list;

(2) Money expended by a society for ribbons, banners, medals, achievement pins, trophies, or merchandise awarded to such members; and

(3) Money expended by a society for trips awarded to junior organization members, or to leaders of such junior organizations.

(B) To qualify for receipt of any subsidy provided by the General Assembly of Ohio for junior fair premiums a society shall:

(1) Have awarded premiums as defined in paragraph (A) of this rule;

(2) Prior to December first of the year in which such fair was held:

(a) Submit to the director of agriculture a statement of the classes for which premiums were awarded to members of junior organizations, the amount of premiums actually paid in each class, and the amounts paid for other expenses made necessary by junior organization activities sponsored by the society; and

(b) Certify to the director of agriculture the total amount paid by the society for premiums for members of junior organizations.

Last updated May 2, 2022 at 9:24 AM

History

Effective: May 2, 2022
Promulgated Under: 119.03

Ohio Adm.Code 901-5-03 Requirements for membership certificates.

(A) Each society shall:

(1) Issue each membership certificate in the name of the individual who paid the required annual membership fee and presents proof of identification as described in division (A)(1) of section 3505.18 of the Revised Code.

(2) Permit only those persons who paid the required annual membership fee, whose signatures appear upon their membership certificates, and present proof of identification as described division (A)(1) of section 3505.18 of the Revised Code to:

(a) Vote at the annual election of directors of the society; and

(b) Hold any office of the society.

(3) Issue no membership certificate to any entity other than a natural person.

(4) Vote to approve the dates, times, and locations where memberships may be purchased.

(5) Post in the annual premium book and/or on the fair's website the dates, times, and locations where memberships may be purchased as approved by the board.

(6) Verify the purchaser has met the membership requirements upon transfer of the membership certificate.

(B) Membership certificates issued by each agricultural society shall bear:

(1) The dates (day and year) the membership begins and terminates;

(2) The name of the society;

(3) A space for the signature of the purchaser of said membership; and

(4) Consecutive numbering as required by section 1711.01 of the Revised Code.

Last updated May 2, 2022 at 9:22 AM

History

Effective: May 2, 2022
Promulgated Under: 119.03

Ohio Adm.Code 901-5-04 Declaration of candidacy for society directors.

(A) Each candidate for the office of director of a society shall declare his candidacy by filing with the secretary of the society, a petition signed by ten or more members of the agricultural society, at least seven days before the annual election of directors is held. The petition submitted shall state the specific seat for which the candidate is seeking to be elected. Any member who fails to file a petition that includes the specific seat is ineligible for election as a director.

(B) The secretary of each society shall:

(1) Announce the filing requirements for the office of director and information as to how these may be fulfilled:

(a) Conspicuously in the annual premium list; and

(b) In at least one newspaper of general circulation in the county or district concerned, or on the society's website, no earlier than six weeks and no later than three weeks before the annual election of directors.

(2) Furnish blank petitions to any member of the society who requests such petitions at any reasonable time.

(3) Maintain and post a current list of the society's members in a public place, the society's website, or make a current list available for inspection, at any reasonable time, upon request of any resident of the county or district concerned.

(4) Determine the adequacy of the nominating petition filed by a candidate before ordering the name of said candidate to be printed on the ballot, including a determination that at least ten signatories are members of the society.

Last updated May 2, 2022 at 9:22 AM

History

Effective: May 2, 2022
Promulgated Under: 119.03

Ohio Adm.Code 901-5-05 Terms of office for society directors and officers and conduct of election.

(A) Each society shall annually, and not later than the fifteenth day of November, elect as near as mathematically possible, one third of its directors. The directors shall serve a three year term, not to expire later than the thirtieth day of November.

(B) Any society may:

(1) Specify in its constitution the number of consecutive terms any person may serve as a member of the board of directors; and

(2) Provide in its constitution or by-laws for honorary directors with no voting power.

(C) The president of each society shall appoint three judges and two clerks. The election judges and clerks shall remain impartial and avoid any conflicts of interest while conducting and declaring the results of the election of directors. The election judges and clerks may be county board of election officials, or members of the society. The election judges and clerks shall not be candidates for election. Candidates may witness the count either personally or by proxy.

(D) Each society shall:

(1) Keep polls open not less than four hours between six a.m. and nine p.m. on the day of the elections; and

(2) State the times polls open and close in each notice of the election which is published or mailed in compliance with section 1711.07 of the Revised Code.

(E) The secretary of each society shall supply the membership roll of the society to the election judges.

(F) The election judges shall:

(1) Verify the right of each member to vote before they issue ballots, including verifying the voter's identity; and

(2) Permit no member of a society to vote by proxy or by absentee ballot.

(G) The election clerks shall:

(1) Register the name of each person who votes;

(2) Tally the count on poll books and tally sheets supplied by the department;

(3) Place one copy of said poll book and tally sheet on file with the secretary of the society; and

(4) Mail or submit electronically one copy to the department within ten days after said election.

(H) A majority of the board of directors or any group of twenty-five citizens of legal voting age in a county or district may petition the department to supervise the annual election of directors of the society in said county or district.

Each group shall:

(1) State the reasons for such request in their petition;

(2) Include the address of each person who signed the petition; and

(3) File their petition with the director of agriculture at least fourteen days before the election.

(I) Upon receipt of a petition, or upon receipt of other information which indicates that such action may be desirable, the director of agriculture may:

(1) Make such investigation as the director of agriculture deems necessary and proper; and

(2) Assign one or more representatives of the department to supervise the election of a society.

(J) If an election results in a tie vote, the election shall be resolved as follows:

(1) In the case of a tie vote on a referendum for a constitutional amendment, provision, by-law or other issue, the referendum shall be deemed defeated.

(2) In the case of a tie vote in an election for a director, the winner shall be determined by a flip of a coin.

Last updated May 2, 2022 at 9:23 AM

History

Effective: May 2, 2022
Promulgated Under: 119.03

Ohio Adm.Code 901-5-06 Reorganization meeting.

(A) On or about the thirtieth day of November following the society's annual election of directors, each societies' board of directors shall hold a reorganization meeting at which the oath of office shall be administered to all newly elected directors and the officers of the society shall be elected.

(B) Each society shall secure a notary public, judge, or mayor to administer the following oath (or affirmation) of office and to induct newly elected directors into office:

"I do solemnly swear (or affirm) that I will support the Constitution of the United States, the Constitution of the State of Ohio, laws of Ohio and regulations of the department of agriculture of Ohio pertaining to agricultural societies, and to the best of my ability perform the duties of the director of the _____________ Agricultural Society, so help me God."

(1) Declare the position vacant; and

(2) Name a successor to serve until the next annual election of director, at which time a director shall be elected to serve the unexpired term of said position.

Last updated May 2, 2022 at 9:23 AM

History

Effective: May 2, 2022
Promulgated Under: 119.03

Ohio Adm.Code 901-5-07 Reporting society finances and hearing procedures for withholding funds by the department.

(A) Each agricultural society shall file a financial report, in accordance with section 117.38 of the Revised Code, and forward the report to the department include in the report to the director of agriculture, as required by section 1711.06 of the Revised Code, on forms provided by the director of agriculture, and following accounting rules entitled "Financial Reporting and Accounting; County Agricultural Societies and Independent Agricultural Societies" promulgated by the auditor of state pursuant to section 117.20 of the Revised Code and adopted by the director of agriculture:

(1) A summary of the receipts and expenditures of the society during the period covered by the report;

(2) Demonstration of compliance with the publishing requirements found in section 1711.05 of the Revised Code;

(3) A report of junior fair exhibits;

(4) A report of the horse racing program, if any, at the fair; and

(5) A report of the colt stake races, if any, at the fair.

(B) Each agricultural society shall submit a copy of the annual premium list for the fair held by the society during the period covered by the report required by section 1711.06 of the Revised Code, with or prior to submission of the report.

(C) A majority of the board of directors of each agricultural society shall approve, and the secretary or secretary-treasurer of each agricultural society shall sign and swear to the accuracy of the report of the society, before the report is submitted to the director of agriculture.

(D) Each agricultural society shall make the society's books, accounts, reports, etc., available for inspection by the director of agriculture or authorized designee.

(E) If the director of agriculture determines that an agricultural society has violated any law or rule administered by the department, the director of agriculture may refuse to issue a certificate to the board of county commissioners or the county auditor, or an order to the auditor of state, authorizing the payment of county or state funds to the agricultural society.

(1) If the director of agriculture finds that the certificate or order for county or state funds should be withheld, the director may, prior to a hearing conducted in accordance with Chapter 119. of the Revised Code, order that the violating agricultural society rectify the society's violation in a manner and time specified in the order. If the society rectifies the society's violation to the satisfaction of the director of agriculture within the time set, the director of agriculture may then issue a certificate or order for the payment of county or state funds.

(2) If the director of agriculture believes the certificate or order for one or more years should not be issued, the director of agriculture shall hold a hearing for such agricultural society in accordance with Chapter 119. of the Revised Code. The director of agriculture's letter notifying the agricultural society of such a hearing shall state in which year the violation occurred and for which or how many years refusal to issue is contemplated.

(3) Following a hearing conducted in accordance with Chapter 119. of the Revised Code, the director of agriculture may:

(a) Order the agricultural society to rectify the society's violation in a manner and time specified in the order. If the society rectifies the society's violation to the satisfaction of the director of agriculture, the director of agriculture may then issue a certificate or order for the payment of county or state funds; or

(b) Refuse to issue certificates or orders for payment of county or state funds for as many years as the director of agriculture deems appropriate. The director of agriculture shall specify in the director of agriculture's order the year for which the director of agriculture will refuse to issue such certificates or orders. If more than one year is specified, the director of agriculture may at any time modify the director of agriculture's order so that the order does not include later years.

(F) Any citizen may file a sworn complaint with the director of agriculture concerning any agricultural society which operates in the county or district in which the citizen resides. Such complaint shall state:

(1) Facts which constitute a violation on the part of the agricultural society of a law or rule administered by the department; and

(2) The law or rule which the society allegedly violated.

(G) If the director of agriculture receives a citizen's complaint, and if the complaint appears to be well-founded, the director of agriculture may conduct an investigation to establish the validity of the complaint. The director of agriculture may hold an informal hearing, and specify the rules under which each such informal hearing is conducted, to allow the complainant to present evidence that the violation the complainant alleges did occur. If the facts found in the complaint do not constitute a violation on the part of the agricultural society of a law or rule administered by the department, the director of agriculture may forward the complaint to an authority with jurisdiction over the matter.

Last updated May 2, 2022 at 9:23 AM

History

Effective: May 2, 2022
Promulgated Under: 119.03

Ohio Adm.Code 901-5-08 Society constitution.

(A) No society may amend the society's constitution or by-laws unless a majority of the membership which votes at the annual election of the board of directors or at the annual meeting of the membership of the society, whichever is specified in the constitution of the society, approves the proposed amendment.

(B) Amendments to the constitution or by-laws may be proposed by:

(1) A majority of the board of directors at a scheduled meeting voting in favor of placing an amendment on the ballot; or

(2) A petition filed with the secretary of the society at least fourteen days prior to the annual election of the board of directors or to the annual meeting of the membership of the society, whichever is specified in the constitution of the society. Any such petition shall:

(a) Set forth the proposed amendment; and

(b) Bear the signatures and addresses of not less than twenty-five members of the society.

(1) Submit any properly proposed amendment to the membership of the society:

(a) At either the annual election or the annual meeting of the membership of the society, whichever is specified in the constitution of the society; and

(b) In such a manner that the members may vote on each amendment separately.

(2) Publish notice of each such amendment and instructions on how to obtain a copy of the proposed amendment in at least one newspaper of general circulation in the county or district concerned, on the society's website, and/or via mail or electronic mail not less than three and not more than ten days before the election or annual meeting at which the amendment will be voted upon.

(D) Each society shall file with the department a copy of the society's constitution and by-laws. Said copies shall be certified to be true and correct by the president and secretary of the society.

(E) Each society shall file a certified copy of each change in the society's constitution and by-laws with the department within sixty days following the date on which the amendment is effective.

Last updated May 2, 2022 at 9:23 AM

History

Effective: May 2, 2022
Promulgated Under: 119.03

Ohio Adm.Code 901-5-09 Payments to directors and officers of the society.

(A) If the constitution of the society permits such payments, any society may pay each director of the society, other than a non-voting director, an amount not exceeding forty dollars plus reimbursement on a per mile basis from the director's residence to the meeting place of the board of directors and return for attending up to twelve meetings of said board, each calendar year. The reimbursement per mile shall not exceed the amount set forth in rule 126-1-02 of the Administrative Code.

(B) The board of directors of a society may pay the actual expenses of any director, and any duly authorized representative of the board, who attends the annual state convention of agricultural societies, the annual meeting required by section 1711.06 of the Revised Code, and any other event which is designated by the board, if the board:

(1) Determines that attendance by the director or authorized representative at the meeting or other event is directly beneficial to the society; and

(2) Records such determination and authority for such payment in the minutes of any regular or special meeting of the board.

(1) During the week of its fair, purchase meals for directors and officers of the society, and for other individuals designated by the board of directors at a regular meeting of the board; and

(2) Compensate such directors, and officers, for meals purchased by the directors and officers.

(D) The treasurer, secretary, and fair manager may be members of the board of directors of a society. The board of directors may compensate such board members for their services, in addition to the compensation permitted by paragraphs (A), (B) and (C) of this rule, if the society's constitution permits such compensation.

(E) No society shall employ and compensate any member of the board of directors, other than the treasurer, secretary, or fair manager, of the society for services other than those specified in paragraphs (A), (B) and (C) of this rule, unless:

(1) The constitution of the society provides for such employment and compensation; and

(2) The minutes of a regular or special meeting of the board of directors record authorization for such employment.

(F) No society shall pay any funds or deliver any property of the society to, or for the individual benefit of, any member of the board of directors, or any other person as a share, gift, or dividend. The terms "share," "gift," and "dividend" as used in this rule do not mean awards which are advertised in the annual premium list of a fair held by a society.

Last updated May 2, 2022 at 9:23 AM

History

Effective: May 2, 2022
Promulgated Under: 119.03

Ohio Adm.Code 126-1-02

(A) Definitions

(1) "State agency" means every organized body, office, or agency established by the laws of the state for the exercise of any function of state government which uses money that has been appropriated to it directly, but does not include the general assembly, supreme court, court of appeals, court of claims, any agency of these, or any state university or college as defined in division (A)(1) of section 3345.12 of the Revised Code.

(2) "State agent" means any officer, member, or employee of a state agency whose compensation is paid, in whole or in part, from state funds but does not include any volunteer serving without compensation:

(3) "Travel at state expense" means travel expenses which are paid from moneys appropriated directly to a state agency by the general assembly, but does not include travel by a state agent where expenses are paid pursuant to rule 102-3-08 of the Administrative Code.

(4) "Conference" means a prearranged gathering with a formal agenda, for consultation or exchange of information or discussion that benefits the state, such as seminars, trainings, meetings, and other professional events.

(5) "Paid travel status" means the designation given to a state agent who is traveling on behalf of the state and is in an active pay status.

(6) "Ride-sharing service" means a transportation service where passengers use an online platform to request transportation from drivers using their personal vehicle for a fee.

(7) "Short-term rental" means a property that is temporarily leased for lodging in exchange for compensation through an online platform.

(8) "Commercial transportation" means taxi cabs, ride-sharing services, automobile rentals, airfare, ferries, subways, bus, trains, and other similar commercial transportation providers.

(B) Authority for travel and reimbursement

Authority for travel

All state agents traveling at state expense or on paid travel status must be approved prior to travel by the head of a state agency or their designee. Travel may be approved only for official state business. State agents must, incur only expenses for the official business of the state. The head of a state agency or their designee shall determine the appropriate mode of transportation.

At the agency's discretion, a state agency may make direct payment to a supplier who provides travel services for the state agent, in lieu of reimbursing the state agent for travel expenses. A direct payment shall comply with the applicable rates and requirements specified in this rule. Alternatively, subject to this rule, the state agency may choose to reimburse the state agent for travel expenses incurred. Travel expenses which a state agent may request reimbursement or direct payment by an agency under this rule include only the following, subject to the approval of the director of the office of budget and management or their designee:

(1) Automobile expenses

(a) Incurred service expenses necessary to the efficient and safe operation of a state-owned or leased vehicle when a state agent or other party has been properly approved by a state agency and endorsed onto insurance coverage through the department of administrative services.

(b) Pursuant to this paragraph, mileage expenses incurred on state business when traveling by privately owned automobile, not including ride-sharing services, when the automobile owner has been so approved and is insured under a policy of liability insurance complying with the requirements of section 4509.51 of the Revised Code. Such reimbursement shall not exceed the rates described in this rule and shall only be made to one state agent.

(i) Mileage reimbursement for state business is authorized at a rate up to the internal revenue service's business standard mileage rate, within the discretion of the director of the office of budget and management. The reimbursement rate shall not be lower than forty-five cents per mile unless the internal revenue service's rate falls below that threshold, in which case the director may reduce the rate. The director of the office of budget and management shall review the rate at least annually. State agents shall not reimbursed for mileage between their residence and assigned work location. If traveling to a location other than their assigned work location, reimbursement is limited to the distance from the residence to the alternate location, minus their normal commute distance.

(ii) This paragraph does not apply to a collective bargaining agreement that supersedes the amount contemplated in this rule.

(c) Automobile rental only if automobile rental has been approved and is more economical than any other mode of transportation or if the state agent's destination is not easily accessible by any other mode of transportation. The state agent must purchase liability insurance and loss damage waiver for accidents arising out of the operation or use of the automobile and include that cost in determining whether the automobile rental is the most economical mode of transportation.

(2) Commercial transportation expenses

(a) Travel expenses by commercial transportation at the most efficient available rate. When any segment of travel by commercial transportation exceeds eight hours, the head of the state agency may approve business class travel for the state agent.

(b) Travel within the state of Ohio by common air carrier at the most efficient available rate is approved for elected officials, directors, assistant directors, deputy directors, board and commission members, and heads of state agencies. State employees not listed in this paragraph are approved to travel within the state of Ohio by common air carrier at the lowest available rate only if flying is more economical than other modes of travel.

(d) Tips/gratuities for a ride-share service or taxi that does not exceed fifteen per cent of the total cost of the ride.

(3) Meal and incidental expenses/per diem

(a) Inside the continental U.S.

(i) Meals and incidental per diem for state agents is authorized only when overnight lodging is required, subject to this rule. Per diem rates are based on the U.S. general services administration (GSA) rates, adjusted by lodging location. Per diem is intended to offset, not fully cover these expenses, and amounts shall be adjusted for departure and return based on travel time.

(a) Standard per diem applies to a full twenty-four hour travel day within the continental U.S. When on paid travel status for less than twenty-four hours, per diem is pro-rated by twenty-five per cent for each six-hour period of travel up to one hundred per cent for eighteen hours or more of travel. For example, zero to six hours equals twenty-five per cent per diem.

(b) If a state agent is approved to travel out of state by air and returns the same day, meals and incidental per diem are authorized, pro-rated as outlined in this paragraph.

(ii) If the state agent is in paid travel status in the continental U.S. for more than one week, including a weekend, miscellaneous living expenses will be reimbursed when such expense is reasonable as determined by the head of the state agency or their designee.

(iii) State agencies may choose to reimburse the state agent for meal and incidental expenses provided the reimbursement complies with this rule.

(b) Outside the continental U.S.

(i) A state agent traveling outside the continental U.S, or otherwise on paid travel status outside the continental U.S., including international conferences, shall be entitled to reimbursement of meals when such cost is reasonable as determined by the head of the state agency or their designee.

(ii) If the state agent is outside the continental U.S. on paid travel status for more than one week, including a weekend, miscellaneous living expenses will be reimbursed when such expense is reasonable as determined by the head of the state agency or their designee.

If a conference provides a meal, the state agent shall not be reimbursed or receive per diem for that meal and any reimbursement for a registration fee shall be adjusted accordingly. However if a meal is not provided, a state agent shall receive per diem or reimbursement at the rate prescribed by the GSA. The state agent has the responsibility of specifying the number and type of meals. If the state agent has dietary restrictions and the event does not honor the state agent's request for an alternative meal, the state agent is not required to deduct the applicable meal allowance from per diem.

(4) Lodging

(a) Inside the continental U.S.

In accordance with the per diem rates established by the GSA, reimbursement of expenses incurred while on official travel status within the continental U.S. is authorized per state agent per calendar day for lodging in commercial establishments or short-term rentals at actual cost up to the maximum allowable lodging rate for that location, plus applicable taxes on the entire room. Alternatively, an agency may choose to pay in advance for lodging expenses provided the payment does not exceed the rates set forth in this rule.

(b) Outside the continental U.S.

Reimbursement for lodging in commercial establishments or short-term rentals is authorized per state agent per calendar day at actual cost when such cost is reasonable as determined by the head of a state agency or their designee.

Lodging at the event site or lodging at a hotel identified in a conference registration materials as one of the event hotels may be reimbursed or paid for at actual cost, provided such cost is reasonable as determined by the head of a state agency or their designee.

(d) Limits

Overnight lodging will only be reimbursed or paid with state funds when the state agent is traveling at a location greater than forty-five miles from both the state agent's residence and their assigned work location as determined by their state agency. However, when traveling for conference purpose, the limit is thirty miles.

(5) Miscellaneous expenses

(a) Conference registration fees.

(b) Miscellaneous transportation expenses such as parking charges, road tolls, and other reasonably incurred transportation expenses directly related to authorized travel. Such expenses are to be listed separately on a state agent's travel expense reimbursement request if the state agent is seeking reimbursement for those expenses.

(c) Miscellaneous business expenses such as telephone, facsimile, internet, and other similar charges paid by the state agent for official state business, provided that there are no free alternatives to such services.

(d) Miscellaneous living expenses such as laundry, dry cleaning, and postage when a state agent is on travel status for more than five consecutive days.

(D) Non-payable or reimbursable expenses

"Non-Reimbursable travel expenses" include but are not be limited to:

(1) Alcoholic beverages purchased by the state agent.

(2) Entertainment expenses purchased by the state agent.

(3) Personal expenses incurred during travel that are primarily for the benefit of the state agent and not directly related to the official purpose of the travel.

(4) Political expenses paid by the state agent.

(5) Travel insurance expenses paid by the state agent; for purposes of this paragraph, the use of the term "travel insurance expense" does not mean liability coverage and loss damage waiver expenses incurred in renting an automobile pursuant to paragraph (C)(1) of this rule or approved commercial travel insurance approved pursuant to paragraph (C)(2) of this rule.

(6) The cost of traffic fines and parking tickets.

(7) Unused reservations for commercial transportation, automobile rentals, or lodging unless the state agency is satisfied that the failure to cancel or use the reservation was unavoidable. State agency approval is required as supporting documentation and may be subject to the approval of the director of budget and management or their designee.

(8) Any amount equal to a promotion or credit used to pay for a travel expense.

(9) Any transportation expense for travel undertaken for the purpose of obtaining meals that are discretionary in nature.

(E) Reimbursement requirements

A state agent seeking reimbursement for travel expenses shall submit all supporting documents under this rule and a travel expense reimbursement request in a format specified by the office of budget and management to the head of their state agency or designee within ninety days of the last date of travel, unless the terms of an applicable collectively bargained agreement differs. All amounts shall be recorded in U.S. dollars. Approval by the head of a state agency or their designee, submitted in a format specified by the office of budget and management with all supporting documents, shall certify that the reimbursement of the state agent's travel expenses is proper. The request may be denied by the state agency or office of budget and management for a state agent's failure to submit a request in a timely, accurate, or truthful manner. Reimbursement for approved travel expenses shall be made by the state agency via deposit in U.S. dollars into the system offered by the office of budget and management for payment and/or reimbursement of travel expenses or in a matter determined by the head of a state agency or their designee with approval from the office of budget and management, but at no time shall a state agent claim or be reimbursed more than is allowable under this rule. Supporting documents shall include the following as applicable:

(1) Receipts

A state agent shall obtain and provide all required receipts for travel charges which they are seeking reimbursement under this rule to their state agency in a manner and format specified by the office of budget and management. Required receipts for reimbursement shall include:

(a) Any receipt for a miscellaneous living or business expense.

(b) Any receipt for commercial transportation expenses.

(d) Itemized receipts for all lodging expenses.

(e) Itemized receipts when a gratuity is automatically included.

(f) Any other receipt for expenses exceeding thirty dollars.

(2) Supporting documentation

Upon request of a head of a state agency or their designee or the office of budget and management, the state agent shall provide the following documents that validate expense claims. Such documents shall include but are not limited to the following:

(a) Conference materials and meeting agendas.

(b) Currency exchange rates when requesting payment or reimbursement for foreign goods or services. Such rates shall be evidenced by a foreign exchange currency receipt, bank or credit card statement, or the exchange rate issued by an authoritative source as determined by the office of budget and management.

(d) Any additional reasonable form of verification of an expense if necessary for verification or if supporting documentation is not available.

(3) A travel expense report.

(F) Agency contractors

State agencies desiring to reimburse travel, lodging, and meal expenses should negotiate such reimbursement with the contractor or supplier when negotiating the cost of the contract, but shall not negotiate rates higher than those authorized by this rule.

(G) Exceptions may be requested by submitting a written request to the director of budget and management by the head of a state agency or their designee. State agents should make every effort to request an exception prior to travel taking place. The director of the office of budget and management may grant exceptions to this rule only for travel by law enforcement officials, insurance examiners, state agents on continuous travel status for two or more consecutive days, state agents requiring special travel arrangements due to a disability, and state agents whose workday is other than eight a.m. to five p.m. or if state agents whose in-state travel and lodging arrangements are economically advantageous to the state. Other exceptions may be granted upon a written request submitted to the director of budget and management by the head of a state agency or their designee prior to the expense being incurred or, at the director's discretion, after the expense has been incurred. No exception shall remain in effect for more than one fiscal year.

(H) Amendment to this rule

An amendment to this rule applies to travel on or after the effective date of the amendment.

Last updated December 5, 2025 at 8:34 AM

History

Effective: November 13, 2025
Promulgated Under: 111.15

Ohio Adm.Code 901-5-10 Authorized representative to the annual meeting with the director.

Each society is required to send an authorized representative to the annual meeting with the director of agriculture, as required by section 1711.06 of the Revised Code, to receive official recognition for the society.

Last updated May 2, 2022 at 9:24 AM

History

Effective: May 2, 2022
Promulgated Under: 119.03

Ohio Adm.Code 901-5-11 Approval of fair dates by the director.

(A) Each society shall submit to the director of agriculture, on or before the tenth day of November of each year, a request for approval of the dates on which the society desires to hold the society's next annual fair. The director of agriculture shall base approval or disapproval of each such request upon:

(1) Records of dates on which the society has held previous annual fairs;

(2) Competition with any fair in any adjoining county for exhibitors or patrons which might arise because of changes from such dates of previous fairs; and

(3) Any other pertinent information which is supplied by societies or is otherwise available to the director of agriculture.

(B) Fair dates considered for approval under paragraph (A) of this rule shall be the opening date of either scheduled activities or the operation of midway, whichever occurs first, to the closing date of either scheduled activities or operation of the midway, whichever occurs last.

(C) A society may submit to the director of agriculture dates in which the society desires to hold the society's annual fair up to four years in advance. However, the director of agriculture shall only approve fair dates on an annual basis, approving each society's request for approval of the dates on which the society desires to hold the society's next annual fair. Should a society wish to submit future requests for the director of agriculture's future consideration, each request must be submitted individually.

(D) No preview dates shall be approved by the director of agriculture.

Last updated May 2, 2022 at 9:24 AM

History

Effective: May 2, 2022
Promulgated Under: 119.03

Ohio Adm.Code 901-5-13 Health requirements for animals exhibited on fair grounds.

(A) Each society shall:

(1) Have at the society's annual fair, and at any other livestock exhibition which is sponsored by or is under the control of the society, an official veterinarian who has been approved by the director of agriculture for such service;

(2) Submit to the director of agriculture for consideration, the name and address of the veterinarian whom the society proposes to appoint, not less than twenty days before the opening of the fair;

(3) Certify the appointment of an approved veterinarian to the director of agriculture not less than ten days before the opening day of the fair; and

(4) Through the official veterinarian enforce the laws of Ohio and the regulations of the department of agriculture which pertain to livestock exhibited at county and independent fairs.

(B) Each official veterinarian shall:

(1) Enforce the laws of Ohio and the regulations of the department according to the recommendations of the division of animal health of the department;

(2) Inspect the livestock, and any required health certificates for evidence of any contagious or infectious disease;

(3) Carry out any recommendation of the division of animal health to protect the health of the livestock exhibited at the fair;

(4) Report to the division of animal health any refusal or failure on the part of any exhibitor or of the society to observe or comply with any law or regulation governing the movement or exhibition of livestock;

(5) At the close of the fair, make any official report required by the department.

Last updated May 2, 2022 at 9:24 AM

History

Effective: May 2, 2022
Promulgated Under: 119.03

Ohio Adm.Code 901-5-15 Prohibition on use of society facilities of employees to promote candidacy of directors.

(A) No person shall use society funds, facilities, or employees:

(1) To promote the candidacy of any member who seeks election or re-election to the board of directors of the society; or

(2) To influence the votes of members upon any amendment to the constitution or by-laws of the society which is submitted as provided in rule 901-5-08 of the Administrative Code.

(B) No person employed by a society shall engage in any of the activities specified in this rule.

Last updated September 14, 2023 at 10:48 AM

History

Effective: July 7, 2016
Promulgated Under: 119.03

Chapter 901-10 Accessing Confidential Personal Information

Ohio Adm.Code 901-10-01 Definitions.

For purposes of administrative rules promulgated in accordance with section 1347.15 of the Revised Code, the following definitions apply:

(A) "Access" as a noun means an opportunity to copy, view, or otherwise perceive whereas "access" as a verb means to copy, view, or otherwise perceive.

(B) "Acquisition of a new computer system" means the purchase of a "computer system," as defined in this rule, that is not a computer system currently in place nor one for which the acquisition process has been initiated as of the effective date of the department rule addressing requirements in section 1347.15 of the Revised Code.

(C) "Computer system" means a "system," as defined by section 1347.01 of the Revised Code, that stores, maintains, or retrieves personal information using electronic data processing equipment.

(D) "Confidential personal information" (CPI) has the same meaning as defined in division (A)(1) of section 1347.15 of the Revised Code that is not a public record for the purposes of section 149.43 of the Revised Code and as defined in rule 901-10-04 of the Administrative Code.

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

(F) "Employee" means any person that is a full-time employee, part time employee, contractor or temporary worker who performs services for the department regardless of whether he/she holds an appointed office or position within the state department.

(G) "Incidental contact" means contact with the information that is secondary or tangential to the primary purpose of the activity that resulted in the contact.

(H) "Individual" means natural person or the natural person's authorized representative, legal counsel, legal custodian, or legal guardian.

(I) "Information owner" means the individual appointed in accordance with division (A) of section 1347.05 of the Revised Code to be directly responsible for a system.

(J) "Person" means natural person.

(K) "Personal information" has the same meaning as defined in division (E) of section 1347.01 of the Revised Code.

(L) "Personal information system" means a "system" that "maintains" "personal information" as those terms are defined in section 1347.01 of the Revised Code. "System" includes manual and computer systems.

(M) "Research" means a methodical investigation into a subject.

(N) "Routine" means commonplace, regular, habitual, or ordinary.

(O) "Routine information that is maintained for the purpose of internal office administration, the use of which would not adversely affect a person" as that phrase is used in division (F) of section 1347.01 of the Revised Code means personal information relating to employees and maintained by the department for internal administrative and human resource purposes.

(P) "System" has the same meaning as defined by division (F) of section 1347.01 of the Revised Code.

(Q) "Upgrade" means a substantial redesign of an existing computer system for the purpose of providing a substantial amount of new application functionality, or application modifications that would involve substantial administrative or fiscal resources to implement, but would not include maintenance, minor updates and patches, or modifications that entail a limited addition of functionality due to changes in business or legal requirements.

Last updated December 12, 2024 at 8:00 AM

History

Effective: December 12, 2024
Promulgated Under: 119.03

Ohio Adm.Code 901-10-04

The following federal statutes or regulations or state statutes and administrative rules make personal information maintained by the department confidential within the scope of rules promulgated by this department in accordance with section 1347.15 of the Revised Code:

(A) Social security numbers: 5 U.S.C. 552a., unless the individual was told that the number would be disclosed.

(B) "Bureau of Criminal Investigation and Information" criminal records check results: section 4776.04 of the Revised Code.

(D) "Federal Drug Administration"

(1) Title 21 C.F.R. part 20.

(2) Title 18 U.S.C. 1905.

(E) Information furnished to or procured by the director pursuant to section 917.17 of the Revised Code.

(F) Information contained in the individual reports filed with the director of agriculture by producers, handlers, or processors of any Ohio agricultural commodity for which a marketing program is proposed: division (B) of section 924.05 of the Revised Code.

(G) Any record submitted to the department of agriculture that indicates how an individual has voted in a referendum to establish or amend an agricultural commodity marketing program, or how an individual has voted in an election of the members of the operating committee for an agricultural commodity marketing program: section 924.17 of the Revised Code.

(H) "Horseracing Integrity and Welfare Unit (HIWU) and Federal Horseracing Integrity and Safety Act (HISA) of 2020 as amended" and rules promulgated under HISA including HISA anti-doping and medication control program, 15 U.S.C. 3057 (C)(1)(2) records associated with personal information relating to the alleged violation of these two programs.

(I) Data or records of a person's agricultural operations, conservation or water quality improvement practices, or proposed utilization of such practices collected or maintained by the department of agriculture, a soil or water conservation district, an institution of higher education, as defined in section 3345.12 of the Revised Code, or any other state agency: section 940.42 of the Revised Code.

(J) Information, data and any associated record used in the development, approval, implementation, review of, or contained in a voluntary nutrient management plan or used to determine compliance with such a plan: division (C) of section 905.324 of the Revised Code.

(K) Personal information in an annual tonnage report (agricultural liming material sold or distributed) and certain other personal information maintained by the department of agriculture: section 905.57 of the Revised Code.

(L) Personal financial information in the department of agriculture's records identifying commodity handler license applicants: division (D) of section 926.06 of the Revised Code.

(M) Any additional information provided to the propane council that was requested of a retailer seeking a refund of assessments: division (D) of section 936.08 of the Revised Code.

(N) Pursuant to a measurement of understanding between Ohio department of agriculture and the United States department of agriculture the compilation of statistical data related to the production, processing and marketing of agricultural products within Ohio, information collected from individual respondents or objective measurements made in the field for and data collection effort may be protected from disclosure under the following provisions:

(1) Title V (CIPSEA) of the E-Government Act of 2003, public law 107-347, section 512, "Limitations on Use and Disclosure of Data and Information."

(2) Title 7 U.S.C., section 2276, "Confidentiality of Information."

(3) Title 18 U.S.C., section 1902, "Disclosure of Crop Information and Speculation thereon."

(4) Title 18 U.S.C., section 1905, "Disclosure of Confidential Information."

(5) Title 18 U.S.C., section 2072, "False Crop Reports."

(O) As applicable, any other statues, rules or court decisions that make personal information retained by the department confidential pursuant to the Ohio public records law as set out in section 149.43 of the Revised Code.

Last updated December 12, 2024 at 8:00 AM

History

Effective: December 12, 2024
Promulgated Under: 119.03

Ohio Adm.Code 901-10-02 Procedures for accessing confidential personal information.

For personal information systems, whether manual or computer systems that contain confidential personal information, the department shall do the following:

(A) Develop criteria for accessing confidential personal information. Personal information systems of the department are managed on a "need-to-know" basis whereby the information owner determines the level of access required for an employee of the department to fulfill his/her job duties. The determination of access to confidential personal information shall be approved by the employee's supervisor and the information owner prior to providing the employee with access to confidential personal information within a personal information system. The department shall establish procedures for determining a revision to an employee's access to confidential personal information upon a change to that employee's job duties including, but not limited to, transfer or termination. Whenever an employee's job duties no longer require access to confidential personal information in a personal information system, the employee's access to confidential personal information shall be removed.

(B) Individual's request for a list of confidential personal information. Upon the signed written request of any individual for a list of confidential personal information about the individual maintained by the department, the department shall do all of the following:

(1) Verify the identity of the individual by a method that provides safeguards commensurate with the risk associated with the confidential personal information;

(2) Provide to the individual the list of confidential personal information that does not relate to an investigation about the individual or is otherwise not excluded from the scope of Chapter 1347. of the Revised Code; and

(3) If all information relates to an investigation about that individual, inform the individual that the department has no confidential personal information about the individual that is responsive to the individual's request.

(1) Upon discovery or notification that confidential personal information of an individual has been accessed by an employee for an invalid reason, the department shall notify the person whose information was invalidly accessed as soon as practical and to the extent known at the time. However, the department shall delay notification for a period of time necessary to ensure that the notification would not delay or impede an investigation or jeopardize homeland or national security. Additionally, the department may delay the notification consistent with any measures necessary to determine the scope of the invalid access, including which individuals' confidential personal information invalidly was accessed, and to restore the reasonable integrity of the system.

"Investigation" as used in this paragraph means the investigation of the circumstances and involvement of an employee surrounding the invalid access of the confidential personal information. Once the department determines that notification would not delay or impede an investigation, the department shall disclose the access to confidential personal information made for an invalid reason to the person.

(2) Notification provided by the department shall inform the person of the type of confidential personal information accessed and the date(s) of the invalid access.

(3) Notification may be made by any method reasonably designed to accurately inform the person of the invalid access, including written, electronic, or telephone notice.

(D) Appointment of a data privacy point of contact. The director shall designate an employee of the department to serve as the data privacy point of contact (DPPOC). The DPPOC shall work with the chief privacy officer (CPO) within the office of information technology to assist the department with both the implementation of privacy protections for the confidential personal information that the department maintains and compliance with section 1347.15 of the Revised Code and the rules adopted pursuant to the authority provided by that chapter.

(E) Completion of a privacy impact assessment. The DPPOC in conjunction with the chief privacy officer and the information owner will timely complete a privacy impact assessment (PIA) form developed by the department of administrative services (DAS) office of information technology. The form is posted at https://das.ohio.gov/technology-and-strategy/information-security-privacy/privacy.

(F) Training:

(1) The policy regarding the rules adopted under Chapter 901-10 of the Administrative Code will be distributed to all employees and they will be required to acknowledge receipt.

(2) The policy will be posted on the department's intranet.

(3) A poster summarizing the department's policy will be posted in a conspicuous place in the main office of the department and in all locatons where the department has branch offices.

Last updated December 12, 2024 at 8:00 AM

History

Effective: December 12, 2024
Promulgated Under: 119.03

Ohio Adm.Code 901-10-03 Valid reasons for accessing confidential person information.

Pursuant to the requirements of division (B)(2) of section 1347.15 of the Revised Code, this rule contains a list of valid reasons, directly related to the department's exercise of its powers or duties, for which only employees of the department may access confidential personal information (CPI) regardless of whether the personal information system is a manual system or computer system. Performing the following functions constitute valid reasons for authorized employees of the department to access confidential personal information:

(A) Responding to a public records request;

(B) Responding to a request from an individual for the list of CPI the department maintains on that individual;

(D) Administering a statutory provision or duty;

(E) Administering an administrative rule provision or duty;

(F) Complying with any state or federal program requirements;

(G) Processing or payment of claims or otherwise administering a program with individual participants or beneficiaries;

(H) Auditing purposes;

(I) Licensure, permitting, or registration processes;

(J) Investigation or law enforcement purposes;

(K) Administrative hearings;

(L) Litigation, complying with an order of the court, or subpoena;

(M) Human resource matters (e.g., hiring, promotion, demotion, discharge, salary/compensation issues, leave requests/issues, time card approvals/issues);

(N) Complying with an executive order or policy;

(O) Complying with a department policy or a state administrative policy issued by the department of administrative services, the office of budget and management or other similar state department; or

(P) Complying with a collective bargaining agreement provision.

Last updated December 12, 2024 at 8:00 AM

History

Effective: December 12, 2024
Promulgated Under: 119.03

Ohio Adm.Code 901-10-05 Restricting and logging access to CPI in computerized personal information systems.

For personal information systems that are computer systems and contain confidential personal information, the department shall do the following:

(A) Access restrictions. Access to confidential personal information that is kept electronically shall require a password or other authentication measure.

(B) Acquisition of a new computer system. When the department acquires a new computer system that stores, manages or contains confidential personal information, the department shall include a mechanism for recording specific access by employees of the department to confidential personal information in the system.

(C) Upgrading existing computer systems. When the department modifies an existing computer system that stores, manages or contains confidential personal information, the department shall make a determination whether the modification constitutes an upgrade. Any upgrades to a computer system shall include a mechanism for recording specific access by employees of the department to confidential personal information in the system.

(D) Logging requirements regarding confidential personal information in existing computer systems:

(1) The department shall require employees of the department who access confidential personal information within computer systems to maintain a log that records that access.

(2) Access to confidential information is not required to be entered into the log under the following circumstances:

(a) The employee of the department is accessing confidential personal information for official department purposes, including research, and the access is not specifically directed toward a specifically named individual or a group of specifically named individuals.

(b) The employee of the department is accessing confidential personal information for routine office procedures and the access is not specifically directed toward a specifically named individual or a group of specifically named individuals.

(c) The employee of the department comes into incidental contact with confidential personal information and the access of the information is not specifically directed toward a specifically named individual or a group of specifically named individuals.

(d) The employee of the department accesses confidential personal information about an individual based upon a request made under either of the following circumstances:

(i) The individual requests confidential personal information about himself/herself.

(ii) The individual makes a request that the department takes some action on that individual's behalf and accessing the confidential personal information is required in order to consider or process that request.

(3) The department may choose the form or forms of logging, whether in electronic or paper formats.

(E) Log management. The department shall issue a policy that specifies the following:

(1) Who shall maintain the log;

(2) What information shall be captured in the log;

(3) How the log is to be stored; and

(4) How long information kept in the log is to be retained.

Nothing in this rule limits the department from requiring logging in any circumstance that it deems necessary.

Last updated October 7, 2024 at 11:47 AM

History

Effective: October 12, 2015
Promulgated Under: 119.03

Chapter 901-14 Nonprofit Livestock Association Exhibits

Ohio Adm.Code 901-14-01 Application for livestock funds.

(A) Nonprofit livestock associations sponsoring a livestock exhibition at the Ohio expositions center that wish to apply, pursuant to Chapter 901.42 of the Revised Code, for financial assistance on rental costs and premium awards shall submit an application to the director of the Ohio department of agriculture on a form provided by the department. Applications shall be filed by September first of each calendar year.

(B) The applicant shall submit a copy of the rental agreement with the rental cost of the exhibition for which the applicant is seeking financial assistance.

(D) For any scheduled exhibition that is canceled, the Ohio exposition commission shall refund the department of agriculture by intrastate voucher, in the amount previously allocated for the canceled event.

Last updated August 13, 2025 at 8:46 AM

History

Effective: February 19, 2008
Promulgated Under: 119.03

Chapter 901-15 Laboratory Services

Ohio Adm.Code 901-15-01 Agreement for the performance of laboratory services.

(A) The Ohio department of agriculture may perform laboratory services when in the opinion of the director, the department has personnel and facilities available to perform such services.

(B) The department may require any person desiring a laboratory service to:

(1) Sign a laboratory services agreement with the department as approved by the director;

(2) Pay the department in advance or pay a deposit for the desired service; and

(3) Submit a schedule, listing dates and numbers of samples to be submitted when requesting services on a recurring basis.

(C) The laboratory services performed by the department and associated fees are published on the department of agriculture's website at www.agri.ohio.gov.

Last updated September 26, 2024 at 8:40 AM

History

Effective: September 26, 2024
Promulgated Under: 119.03

Chapter 901-19 Livestock Exhibitions

Ohio Adm.Code 901-19-01 Definitions.

As used in Chapter 901-19 of the Administrative Code:

(A) "Accessory reproductive tissue" includes testicular tissue and epididymis.

(B) "Agricultural society" or "society" means a county agricultural society or an independent agricultural society that is organized under the laws of the state of Ohio.

(C) "Approved drug" means a drug with an established tolerance approved by the United States food and drug administration listed at 21 C.F.R. part 556 when used according to label directions for the species indicated on the label.

(D) "Breed show" or "breed class" means a show or class limited to breeding stock of a specific breed of livestock.

(E) "Class" means a division within a show or exhibition as defined by a sponsor.

(F) "Department" means the department of agriculture created under section 121.02 of the Revised Code.

(G) "Designee" when used in reference to an exhibitor, means a member of the exhibitor's family or household or any other registered or authorized representative of the exhibitor.

(H) "Director" means the Ohio director of agriculture appointed pursuant to section 121.03 of the Revised Code.

(I) "Drenching" means the act of using an instrument, including a bottle, placed in an animal's mouth to orally administer a liquid, food, or any other substance.

(J) "Drug" means drug as defined in section 4729.01 of the Revised Code and its metabolites.

(K) "Drug use notification form" means the declaration statement or document completed by the exhibitor attesting to responsible drug stewardship and to the slaughter eligibility of the livestock for food safety purposes.

(L) "Exhibition" means any of the following:

(1) A show or sale of livestock at a fair or elsewhere that is sponsored by or under the control of a county or independent agricultural society organized under section 1711.01 or 1711.02 of the Revised Code;

(2) A show or sale of livestock at the Ohio state fair;

(3) A livestock show at a fair or elsewhere or a livestock sale at or associated with a fair or livestock show that is assembled for any length of time;

(4) A livestock show at a fair or elsewhere or a livestock sale at or associated with a fair or livestock show that includes livestock with origins outside this state;

(5) Any show or sale of livestock at a fair or elsewhere that is specified by rule of the director of agriculture adopted under section 901.72 of the Revised Code.

(M) "Exhibition drug residue legal" means livestock:

(1) Have only been administered an approved drug, for which the withdrawal time has elapsed and met tolerance;

(2) Have not been administered an unapproved drug; and

(3) Do not contain an unlawful substance.

(N) "Exhibitor" means any person who shows, displays, or exhibits livestock at an exhibition.

(O) "Extra label use" or "extra label" means the same as the definition as listed in 21 C.F.R. 530.3.

(P) "Fair" means the annual exhibition held by the Ohio expositions commission, pursuant to division (A)(1) of section 991.03 of the Revised Code, or a county agricultural society or independent agricultural society, as reported to the director pursuant to rule 901-5-11 of the Administrative Code.

(Q) "Family" means the immediate family of an exhibitor, including but not limited to the exhibitor's parent, step-parent, foster parent, grandparent, step-grandparent, foster grandparent, brother, sister, step-brother, step-sister, half-brother, half-sister, son, daughter, step-son, step-daughter, or guardian.

(R) "Grand champion" means the highest placing livestock entry of a show.

(S) "Household" means the permanent residence address of the exhibitor.

(T) "Internal rule" means any rule adopted by a sponsor or applicable to the sponsor's exhibition, and includes all mandatory rules and those optional rules from which the sponsor does not exempt itself or its exhibition.

(U) "Junior livestock show or junior livestock exhibition" means a show limited to exhibitors eight years of age and in the third grade through nineteen years of age, or as authorized to participate in either 4-H, FFA, or other youth organization.

(V) "Label" means the attached label, labeling statement, or the accompanying brochure that lists the approved species, dose, route of administration, withdrawal time and any cautionary statement as permitted by the United States food and drug administration; a prescription label; or the requirements of labeling for an extra label use drug as permitted by the United States food and drug administration.

(W) "Licensed livestock facility" means a livestock facility licensed pursuant to Chapter 943. of the Revised Code or a similar law of another state.

(X) "Livestock" means any animal generally used for food or in the production of food, including cattle, sheep, goats, rabbits, poultry, swine, alpacas, and llamas.

(Y) "Mandatory rule" means any rule adopted by the director relating to food safety or the health, safety, or welfare of livestock and from which a sponsor may not exempt itself or its exhibition.

(Z) "Market flock style project" means ownership including an individual junior exhibitor, family of a junior exhibitor or a cooperative made up of junior exhibitors. Through this type of ownership, the junior exhibitor(s) are to care for, groom, and select any and all birds to be used in exhibitions as well as actively participate in any decision making processes for the flock.

(AA) "Market livestock" means exhibition livestock bred, raised, and intended for slaughter for food purposes. For the purposes of this chapter, horses are not considered livestock.

(BB) "Market poultry" means birds including, but not limited to, meat chickens, turkeys, geese and ducks.

(CC) "Non-terminal show" means a show in which no livestock is required to be slaughtered.

(DD) "Official eartag" means a United States department of agriculture animal and plant health inspection service approved electronic identification device that is both visibly and electronically readable and approved by the department.

(EE) "Official 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 plant health inspection service, veterinary services.

(FF) "Optional rule" means any rule adopted by the director from which a sponsor may exempt itself or its exhibition.

(GG) "Partial terminal show" means a show in which no fewer than the grand champion and reserve grand champion in each show or market class of livestock are sent directly to slaughter or to a licensed livestock facility no later than or immediately following the conclusion of the exhibition.

(HH) "Prescription" means prescription as defined in division (H) of section 4729.01 of the Revised Code.

(II) "Quarantine" means isolation pursuant to section 941.07 of the Revised Code.

(JJ) "Reserve grand champion" means the second highest placing livestock entry of a show.

(KK) "Residue" means residues as defined in section 941.01 of the Revised Code.

(LL) "Show" means that part of the exhibition restricted to competitively exhibiting a single species or category of livestock.

(MM) "Slick clipping" or "body shaving" means having hair that is less than one half inch in length on the body of market hogs.

(NN) "Terminal show" means a show in which all livestock entered in the show are sent directly to slaughter or to a licensed livestock facility no later than or immediately following the conclusion of the exhibition.

(OO) "Tolerance" means the lowest of the maximum concentrations of a marker residue, or other residue indicated for monitoring, that can legally remain in edible tissues of a treated animal species according to label instructions under United States food and drug administration regulations found in 21 C.F.R. part 556.

(PP) "Unapproved drug" means:

(1) Any drug, chemical, or pharmacologic compound not approved for use in livestock by the United States food and drug administration;

(2) A drug, or approved drug used extra label, for which no established tolerance has been listed by the United States food and drug administration under 21 C.F.R. 556, but has been detected through testing;

(3) Any drug, chemical, or compound that alters the mental or behavioral status of the animal, including, but not limited to sedatives, tranquilizers, depressants, stimulants, or dissociative or psychoactive compounds;

(4) Any drug prohibited by division (E)(1)(b) of section 901.76 of the Revised Code; or

(5) An approved drug administered to livestock not in accordance with paragraph (M) of rule 901-19-12 of the Administrative Code.

(QQ) "Unlawful substance" means any of the following:

(1) A substance which is not normally found in or does not naturally occur in livestock;

(2) A substance which is normally found in or does naturally occur in livestock, but is detected or discerned in an amount or area greater than normal;

(3) Any drug required to be listed, but which is not listed on a drug use notification form;

(4) Any unapproved drug present in livestock regardless of how the drug came to be present; or

(5) Any other drug, chemical, or compound which is not considered an approved drug.

(RR) "Veterinarian" means any person licensed to practice veterinary medicine under Chapter 4741. of the Revised Code or under the similar laws of another state.

(SS) "Withdrawal period" or "withdrawal time" means the period of time from when a drug is administered to when the drug concentration falls below the tolerance.

Last updated May 23, 2024 at 8:21 AM

History

Effective: May 23, 2024
Promulgated Under: 119.03

Ohio Adm.Code 901-5-11

(1) Records of dates on which the society has held previous annual fairs;

(2) Competition with any fair in any adjoining county for exhibitors or patrons which might arise because of changes from such dates of previous fairs; and

(3) Any other pertinent information which is supplied by societies or is otherwise available to the director of agriculture.

(D) No preview dates shall be approved by the director of agriculture.

Last updated May 2, 2022 at 9:24 AM

History

Effective: May 2, 2022
Promulgated Under: 119.03

Ohio Adm.Code 901-19-12

This is a mandatory rule.

The following practices are acceptable practices for the purposes of this chapter:

(A) Treating livestock:

(1) Humane;

(2) In accordance with acceptable commercial practices to protect the health, safety, and welfare of livestock; and

(3) In accordance with the Ohio livestock care standards located in division 901:12 of the Administrative Code.

(B) Adding caffeine free soda pop, gelatin, or other sweeteners to drinking water in nominal amounts to encourage water consumption;

(D) In preparation and prior to exhibition in accordance with sponsor and best management practices:

(1) Cosmetic dehorning in market class livestock;

(2) Castration;

(3) Beak trimming;

(4) Dehorning;

(5) Hot or freeze branding;

(6) Humane ringing; and

(7) Tail docking in accordance with division 901:12 of the Administrative Code;

(E) Using collodion as a teat sealant, but for no longer than eighteen hours;

(F) Adding molasses or other sweeteners to feed to encourage consumption;

(G) Properly administered and approved growth implants;

(H) Tattooing;

(I) Ear notching;

(J) Ear tagging;

(K) Shearing;

(L) Acceptable surgery, including clamps, bands, and chemical castration;

(M) Treatment and administration of livestock with approved drugs during an exhibition under the following conditions:

(1) By or under the supervision and direction of an official veterinarian;

(2) In conjunction with a valid veterinarian-client-patient relationship;

(3) Only in accordance with label directions;

(4) For a valid medical purpose;

(5) A drug use notification form is completed and filed in accordance with the applicable requirements of rule 901-19-06 of the Administrative Code;

(6) The livestock remain exhibition drug residue legal at the time of the show; and

(7) If applicable, an extended withdrawal time is assigned to the drug by the veterinarian as part of the extra label directions and reported on the drug use notification form.

(N) Application of ice, ice packs, cold packs, or cold compresses prescribed to relieve heat stress or a medical condition diagnosed and prescribed by the official veterinarian at an exhibition.

Last updated May 23, 2024 at 8:23 AM

History

Effective: May 23, 2024
Promulgated Under: 119.03

Ohio Adm.Code 901-19-02 Types of shows; slaughter.

This is a mandatory rule.

(A) The sponsor of an exhibition shall designate each of the shows held at the exhibition as one of the following types: terminal show, partial terminal show, or non-terminal show.

(B) All livestock shall be exhibition drug residue legal prior to the start of the show in which the livestock is entered into for exhibition.

(C) All of the following junior livestock shows or classes at a fair are terminal shows or partial terminal shows unless at least thirty days prior to the opening of the show, the sponsor has submitted a written request to exempt a show from this provision, and the director has provided written authorization granting this request prior to the start of the fair:

(1) Market beef;

(2) Market hog;

(3) Market lamb;

(4) Market dairy cattle;

(5) Veal calf; and

(6) Market goat.

(D) All livestock which participate in a terminal show shall be exhibition drug residue legal and be consigned to slaughter either at the conclusion of the show or exhibition.

(E) In a partial terminal show at least the grand champion and the reserve grand champion shall be slaughtered. Prior to the show, the sponsor of the exhibition may require that additional livestock from a partial terminal show shall be slaughtered. The livestock shall be consigned to slaughter either at the conclusion of the show or exhibition.

(F) All livestock required to be slaughtered under this rule shall be slaughtered at a meat establishment either licensed by the department or granted inspection by the United States department of agriculture.

(G) Livestock required to be slaughtered under this rule may, at the option of the sponsor of the exhibition, be consigned to a licensed livestock facility for sale provided that:

(1) The livestock is consigned either at the conclusion of the show or exhibition; and

(2) The livestock is sold only for slaughter.

(H) From the beginning of the exhibition until departure for slaughter or consignment to a licensed livestock facility, the exhibitor or the exhibitor's designee shall be responsible for caring for the livestock.

(I) Livestock destined for slaughter or consignment to a licensed livestock facility shall not be removed from the exhibition grounds until the livestock is transported to slaughter, to the licensed livestock facility, or until the sponsor approves movement of the livestock to another secure area for:

(1) Disease control in accordance with paragraph (B)(4) of rule 901:1-18-03 of the Administrative Code; or

(2) Quarantine for residue to allow a withdrawal time as determined by the approved fair veterinarian or in accordance with the instructions listed on the drug use notification form to elapse and may be subject to testing.

(J) All livestock destined for slaughter may be subject to testing by the director in accordance with section 901.73 of the Revised Code.

(K) Livestock carcasses passing inspection may be released for normal disposition.

(L) During inspection or testing, if the livestock carcass is preliminarily determined to have been tampered with or found to contain an unlawful substance, one of the following shall occur:

(1) If the livestock carcass must be trimmed or reconditioned to comply with the meat inspection requirements, the carcass shall be trimmed and reconditioned and released to the exhibitor, unless the successful bidder accepts the trimmed or reconditioned carcass.

(2) If the livestock carcass cannot be trimmed or reconditioned, it shall be condemned in accordance with the meat inspection requirements.

(M) Livestock entered in or eligible for a carcass contest prior to or during a terminal, partial terminal, or non-terminal show must be exhibition drug residue legal at the time of show and eligible for immediate slaughter.

Last updated May 23, 2024 at 8:21 AM

History

Effective: May 23, 2024
Promulgated Under: 119.03

Ohio Adm.Code 901:1-18-03

(A) Each entity sponsoring an exhibition shall have in attendance an official veterinarian for the duration of the exhibition.

(B) Each entity sponsoring an exhibition shall:

(1) Under the direction of the official veterinarian, thoroughly clean and disinfect each building, pen, stall, ring, or other enclosure in which animals are to be quartered for exhibition immediately prior to the exhibition;

(2) Have the official veterinarian:

(a) Examine the certificate of veterinary inspection when required for an animal brought to the exhibition;

(b) Inspect within a reasonable time of arrival each animal brought to the exhibit for any clinical signs of any infectious or contagious diseases; and

(3) Maintain a record for one year from the date of the exhibition of each animal present at the exhibition. The records contain the name and address of the owner of each animal, the species, official identification (if applicable), and breed of the animal.

(4) Order the immediate removal of any animal which, in the opinion of the official veterinarian, places other animals at unacceptable risk of any infectious or contagious disease.

Last updated May 23, 2024 at 8:26 AM

History

Effective: May 23, 2024
Promulgated Under: 119.03

Ohio Adm.Code 901-19-03 Auction sales at terminal or partial terminal shows.

This is a mandatory rule.

(A) A sponsor may hold an auction sale of livestock exhibited at a terminal or partial terminal show.

(B) An exhibitor who exhibits livestock at a terminal show or partial terminal show consents to participating in the subsequent auction sale.

(C) All bidders at an auction sale following a terminal show or partial terminal show consent to the slaughter of the livestock or delivery to a licensed livestock facility.

(D) Title to livestock sold at an auction sale and subsequently presented for slaughter or sale at a licensed livestock facility shall remain vested in the exhibitor. If the exhibitor is not the owner, the title to the livestock shall remain vested in the owner until the livestock has been passed by inspection and released in accordance with paragraphs (L)(1) and (L)(2) of rule 901-19-02 of the Administrative Code and passes all testing performed by or at the direction of the department or the sponsor.

(E) At the discretion of the sponsor, the sponsor may collect the sale proceeds from the successful bidder and retain the proceeds until the carcass of the livestock has been released, or may allow the successful bidder to withhold payment of the proceeds until the carcass is released. In the event the carcass is not released, the sponsor shall return the sale proceeds to the successful bidder.

(F) Prior to the auction, the sponsor shall announce the identification of the exhibition livestock which have been administered drugs for which the withdrawal time has not elapsed.

Last updated May 23, 2024 at 8:21 AM

History

Effective: May 23, 2024
Promulgated Under: 119.03

Ohio Adm.Code 901-19-04 Prohibited practices.

This is a mandatory rule.

It is a prohibited practice to do any of the following:

(A) Show, sell, or offer for sale any livestock, including the sale or offering for sale in an auction at a terminal or partial terminal show, which:

(1) Has been subjected to unacceptable practices as outlined in rule 901-19-13 of the Administrative Code;

(2) Is not exhibition drug residue legal; or

(3) A withdrawal period for extra label use has not elapsed.

(B) Make a false statement on a drug use notification form.

(D) Knowingly, recklessly, or negligently cause an unapproved drug or unlawful substance to be present in livestock.

(E) Fail to sign a chain of custody form.

(F) Violate a mandatory rule.

(G) Violate any optional rule from which a sponsor or exhibition did not exempt itself.

(H) Fail to render assistance as provided by section 901.73 of the Revised Code.

Last updated May 23, 2024 at 8:22 AM

History

Effective: May 23, 2024
Promulgated Under: 119.03

Ohio Adm.Code 901-19-13

This is a mandatory rule.

The following practices are unacceptable and prohibited:

(A) Applying any electrical, mechanical, or other appliance to livestock repeatedly or for a prolonged time period in violation of 9 C.F.R. 313.2 (1979) or division 901:12 of the Administrative Code.

(B) Hitting, striking, beating, or otherwise impacting livestock that induces swelling or enhances, transforms or changes the natural conformation, configuration, performance, physiological state, or appearance of the livestock.

(C) Applying any physical practice, electrical or mechanical appliance, device, or apparatus that enhances, transforms, or changes the natural conformation, configuration, performance, physiological state, or appearance of the livestock, unless prescribed by the official veterinarian for the immediate treatment and welfare of the livestock. If such treatment is applied during the exhibition, the livestock are ineligible to be shown.

(D) Plugging of teats.

(E) Sealing of teats using unapproved substances or for longer than eighteen hours using approved substances.

(F) Injecting material into udders or teats for non-medical purposes or otherwise artificially modifying the appearance or conformation of the udder or teat.

(G) Using ice, ice packs, cold packs, or cold compresses internally or externally other than in accordance with paragraph (N) of rule 901-19-12 of the Administrative Code during an exhibition.

(H) Using a stomach tube or pump for any purpose other than for the relief of tympany or gas during an exhibition.

(I) Drenching of livestock at an exhibition is prohibited, unless prescribed by the official veterinarian.

(J) Castration of livestock for the purposes of this rule which exceed the following criteria:

(1) Cattle over eight months of age;

(2) Swine over one hundred fifty pounds;

(3) Sheep over seventy-five pounds; or

(4) Goats over fifty pounds.

(K) Showing livestock which have been treated with an approved drug when a side effect or pharmacological effect of the drug conceals, enhances, transforms, or changes the natural conformation, physiological status, or condition of the livestock.

(L) Any natural occurrence or surgical process which results in testicular tissue remaining in the body of exhibition livestock, except for rabbits and poultry.

Last updated May 23, 2024 at 8:24 AM

History

Effective: May 23, 2024
Promulgated Under: 119.03

Ohio Adm.Code 901-19-06

This is a mandatory rule.

(A) The exhibitor and the owner of livestock are responsible for completing and filing out the drug use notification form in the manner required by this rule.

(B) The drug use notification form shall be signed by either the exhibitor or the owner. If the person signing the form is a minor child, the form shall be cosigned by a parent or guardian of the minor child.

(C) The director requires a drug use notification form to be completed for the following livestock exhibited in a junior livestock show:

(1) Market beef;

(2) Market hog;

(3) Market lamb;

(4) Veal calf;

(5) Market dairy cattle;

(6) Market goats;

(7) Market poultry;

(8) Lactating dairy animals ;

(9) Market rabbits; and

(10) Feeder cattle.

(D) Additionally, a drug use notification form shall be completed for all livestock eligible for a drug or residue test sample collected at every terminal, and partial terminal, or non-terminal show, and for every animal that is administered an approved drug either immediately before or during an exhibition.

(E) The drug use notification form shall be filed with the records official prior to the show in which livestock are entered.

(F) The director may require a drug use notification form to be completed for livestock exhibited at any type of show including a non-terminal show.

(G) If the information on the form regarding drug use changes or if a drug is subsequently administered at any time after the drug use notification form is filed, an updated drug use notification form shall immediately be filed with the records official.

(H) No person shall submit an incomplete, illegible, or unsigned drug use notification form.

(I) When a drug use notification form is missing, incomplete, illegible, or unsigned neither the exhibitor nor the owner shall, until the defect is corrected:

(1) Receive any prizes or awards from shows in which the livestock was exhibited prior to the time the drug use notification form was to be filed; or

(2) Participate in any shows or sales held subsequent to the time the drug use notification form was to be filed.

Last updated May 23, 2024 at 8:22 AM

History

Effective: May 23, 2024
Promulgated Under: 119.03

Ohio Adm.Code 901-19-05 Responsibilities of an exhibition sponsor.

This is a mandatory rule.

(A) Every sponsor of an exhibition shall appoint a person as its records official. The records official shall receive and maintain the drug use notification forms filed under rule 901-19-06 of the Administrative Code.

(1) The records official shall:

(a) Reject any drug use notification form that is incomplete, illegible, or unsigned. At the close of the exhibition the records official shall turn over the drug use notification forms received by the records official to the sponsor.

(b) Prior to the show, ensure the submitted drug use notification forms are in compliance with paragraph (I) of rule 901-19-06 and rule 901-19-07 of the Administrative Code.

(c) Review the submitted drug use notification forms for compliance with paragraph (K) of rule 901-19-13 of the Administrative Code if applicable.

(2) The sponsor shall maintain all drug use notification forms for a period of one year from the close of an exhibition. The drug use notification forms shall be made available to the department for inspection and copying upon request.

(B) Prior to the start of an exhibition, the sponsor shall establish a method of identifying each animal in a terminal, partial terminal, and non-terminal show and maintain a chain of custody for each market livestock animal from the show through consignment to either slaughter or a licensed livestock facility for sale. In addition, effective January 1, 2027, cattle and swine are to be minimally identified with an official eartag. The sponsor shall maintain a record of the identity of each animal and its chain of custody for a period of one year from the date of the last day of an exhibition.

(C) All county and independent agricultural societies and the Ohio expositions commission shall provide the uniform resource locator (URL) in the premium book for the current year to the effective version of all of the following:

(1) Chapter 901:1-18 of the Administrative Code, exhibition of animals;

(2) Chapter 901-19 of the Administrative Code, livestock exhibitions; and

(3) Sections 901.70 to 901.76 of the Revised Code.

The effective version of Ohio Administrative Code and Ohio Revised Code can by located on the "Ohio Laws & Administrative Rules" website, codes.ohio.gov, maintained by the Ohio legislative service commission.

(D) All other exhibitions shall provide to exhibitors, upon request, a copy of Chapters 901:1-18 and 901-19 of the Administrative Code and sections 901.70 to 901.76 of the Revised Code and include the following statement in at least one written or electronic announcement prior to the beginning of the exhibition:

"The exhibition's management will provide, upon request of an exhibitor, a copy of Chapters 901:1-18 (Ohio's livestock health exhibition rules) and 901-19 (Ohio's livestock tampering exhibition rules) of the Administrative Code and sections 901.70 to 901.76 of the Revised Code.

Last updated May 23, 2024 at 8:22 AM

History

Effective: May 23, 2024
Promulgated Under: 119.03

Ohio Adm.Code 901-19-07

This is a mandatory rule.

(A) Except as stated in paragraph (B) of this rule, sponsors shall require exhibitors at fairs sponsored by county or independent agricultural societies or the Ohio exposition commission to annually attend or complete a quality assurance program sponsored and conducted cooperatively by the exhibition sponsor, Ohio state university extension, Ohio agricultural education, or agricultural commodity organizations.

(B) At the discretion of Ohio state university extension, or Ohio agricultural education, an exhibitor may pass a test based on the appropriate skill level for their age (twelve to fourteen or fifteen to eighteen) under the supervision of Ohio state university extension or Ohio agricultural education before exhibiting terminal or partial terminal market livestock, including market poultry, and lactating dairy animals in a junior livestock show. Youth who pass the test will be exempt from annual quality assurance re-certification until they move to the next age bracket or they are no longer a junior exhibitor (nineteen years of age or older on January first of their last year). Minimum standards for youth food animal quality assurance are as set forth in appendix A to this rule.

(C) Exhibitors who fail to attend or complete a quality assurance program or fail to pass the exam as outlined in paragraph (B) of this rule are subject to the disciplinary actions listed in rule 901-19-21 of the Administrative Code.

View Appendix

Last updated December 6, 2024 at 6:48 AM

History

Effective: December 6, 2024
Promulgated Under: 119.03

Ohio Adm.Code 901-19-21

This is a mandatory rule.

(A) Any person who violates a provision of sections 901.70 to 901.76 of the Revised Code or any provision of this chapter is subject to any of the following disciplinary actions:

(1) Disqualification from any exhibition;

(2) Disqualification of the exhibition livestock from any exhibition;

(3) Continuing education;

(4) Written letter of reprimand;

(5) Forfeiture or return of awards, prizes, premiums, or proceeds; or

(6) Pre-exhibition drug testing.

(B) Disqualification may include any or all shows and classes and may be for any number of years.

(C) Failure to comply with the rules of this chapter may result in the department taking action pursuant to section 941.07 of the Revised Code, issuing a quarantine order, or issuing a notice of violation until such time that the violation has been remedied.

Last updated May 23, 2024 at 8:24 AM

History

Effective: May 23, 2024
Promulgated Under: 119.03

Ohio Adm.Code 901-19-10 Testing requirements and test results.

This is a mandatory rule.

(A) Urine, blood, tissue, and other test samples shall be collected in accordance with the department's protocol for the collection of livestock test samples at exhibitions. Test samples may be collected before, during, or immediately after a show. Deviation from the protocol shall be noted by the official veterinarian.

(B) The director may at the director's discretion, collect any urine, blood, tissue, or other test samples from exhibition animals.

Last updated May 23, 2024 at 8:23 AM

History

Effective: May 23, 2024
Promulgated Under: 119.03

Ohio Adm.Code 901-19-19 Absolute liability.

This is a mandatory rule.

(A) Both the exhibitor and the owner of livestock are absolutely liable to discipline under rule 901-19-21 of the Administrative Code for the presence of an unapproved drug, residue, an unlawful substance, or an approved drug that exceeds tolerance in livestock and unacceptable practices.

(B) If the exhibitor or the owner was a minor child at the time the unapproved drug, residue, unlawful substance, approved drug exceeding tolerance, or unacceptable practice was detected, the parent or guardian of the person shall also be absolutely liable to discipline under rule 901-19-21 of the Administrative Code.

(C) The director or the sponsor when imposing discipline under paragraph (A) of this rule upon a person, may mitigate the discipline imposed based upon one or more of the following facts if established.

(1) The person did not introduce the unapproved drug, residue, or unlawful substance into the livestock or do any unacceptable practices;

(2) The person had no actual or constructive knowledge that the unapproved drug, residue, unlawful substance, or approved drug exceeding tolerance was introduced into the livestock or that unacceptable practices were detected;

(3) The unapproved drug, residue, unlawful substance, or approved drug exceeding tolerance was not introduced into the livestock and the unacceptable practices were not detected through the person's negligence.

Last updated May 23, 2024 at 8:24 AM

History

Effective: May 23, 2024
Promulgated Under: 119.03

Ohio Adm.Code 901-19-31 Responsibilities of and assistance to junior fair exhibitors.

This is an optional rule.

(A) A junior livestock show exhibitor shall be responsible for the continuous care, grooming, and preparation of the livestock entered in the junior livestock show.

(B) An exhibitor may receive assistance in the care, grooming, and preparation of the livestock entered in the junior livestock show, provided that the assistance shall be limited to explanation or demonstration provided by the following:

(1) Family members;

(2) Household members;

(3) Advisors or adult volunteers of 4-H or FFA in the exhibitor's club or county;

(4) Agricultural education instructors;

(5) County extension agents;

(6) Department representatives;

(7) Veterinarians;

(8) Members of the exhibitor's 4-H club, FFA chapter, or other youth organizations; and

(9) Guest speakers of the 4-H, FFA, or other youth organizations.

(C) Any person not specified in paragraph (B) of this rule who provides assistance to a junior livestock show exhibitor shall register in writing with the sponsor. The responsibility to register rests with the exhibitor. An assistant may register for more than one exhibitor. Failure to register constitutes grounds for disciplinary action against the exhibitor. Assistance shall be limited to explanation and minimal demonstration.

Last updated May 23, 2024 at 8:24 AM

History

Effective: May 23, 2024
Promulgated Under: 119.03

Ohio Adm.Code 901-19-32 Breed shows or classes.

This is an optional rule.

Unless otherwise modified by this chapter, the rules of the breed association shall be accepted grooming practices for that particular breed's show or class.

Last updated May 23, 2024 at 8:24 AM

History

Effective: May 23, 2024
Promulgated Under: 119.03

Ohio Adm.Code 901-19-33 Prohibited grooming practices.

This is a mandatory rule.

The following grooming practices are prohibited in junior market livestock shows unless those grooming practices are permitted under rule 901-19-32 of the Administrative Code:

(A) Using any substance to enhance or change the color of the livestock, including the livestock's hide or hooves;

(B) Adding any substance externally to build up, change or alter the shape or conformation of the livestock, including by way of example but not limited to rope, false hair, graphite, hemp, and powders;

(D) Slick clipping or body shaving of market hogs except on the ears and tails.

Last updated April 15, 2024 at 1:16 PM

History

Effective: March 21, 2016
Promulgated Under: 119.03

Ohio Adm.Code 901-19-35 Recognition of disciplinary actions.

This is an optional rule.

(A) Disciplinary action by a sponsor against a person for a violation of sections 901.70 to 901.76 of the Revised Code or Chapter 901-19 of the Administrative Code shall be given full faith and credit and shall be honored at all exhibitions.

(B) A person who has been convicted of violating sections 901.70 to 901.76 of the Revised Code shall be prohibited from participating in any exhibition for a minimum period of three years.

Last updated May 23, 2024 at 8:25 AM

History

Effective: May 23, 2024
Promulgated Under: 119.03

Ohio Adm.Code 901-19-39 Ownership requirements.

(A) No exhibitor shall register, enter, or exhibit in a junior livestock exhibition any of the livestock listed in paragraphs (A)(1) to (A)(7) of this rule unless the household, as defined in rule 901-19-01 of the Administrative Code, at which the exhibitor is registered at has owned the livestock for not less than the length of time listed:

(1) Market beef - one hundred fifty days;

(2) Market dairy cattle - one hundred fifty days;

(3) Market hogs - sixty days;

(4) Market lambs - sixty days;

(5) Market goats - sixty days;

(6) Veal calves - sixty days; and

(7) Market poultry - within five days of hatch including all individual participants in a cooperative.

(B) No exhibitor shall register, enter, or exhibit livestock in a junior breeding livestock exhibition unless the household, as defined in rule 901-19-01 of the Administrative Code, at which the exhibitor is registered:

(1) Has owned the livestock for at least sixty days;

(2) Has had the livestock registered under the exhibitor's name for at least sixty days; or

(3) Has leased the livestock under the exhibitor's name for at least sixty days.

(C) For any exhibition other than those listed in paragraphs (A)(1) to (A)(7) and paragraph (B) of this rule, the length of time a person shall own livestock before the person may register, enter, or exhibit the livestock at an exhibition may be set by either the sponsor of the exhibition or a breed association.

(D) For the purposes of this rule, no exhibitor will be considered to own livestock if the livestock has been:

(1) Leased to an individual after the applicable possession date; or

(2) Exhibited in an exhibition outside of a junior livestock exhibition by an individual other than an immediate family member after the applicable possession date.

Last updated May 23, 2024 at 8:25 AM

History

Effective: May 23, 2024
Promulgated Under: 119.03

Ohio Adm.Code 901-19-40 Meetings of the advisory committee on livestock exhibitions.

(A) Board meetings

A regular meeting of the committee shall be held at least once annually after the fifteenth day of October and before the first day of December. The committee may meet at other times as the chairperson or a majority of the committee members considers appropriate, provided the chairperson gives members notice of any meeting at least seven days prior to the meeting.

(B) Notice of meetings

(1) Regular meetings: Notice of all of the advisory board's regularly scheduled meetings, including date, starting time, and place shall be sent to the committee members by either regular or electronic mail at least seven days prior to the meeting and will be posted on the department's web site www.agri.ohio.gov at least ten days in advance of all regularly scheduled meeting.

(2) Special meetings: Notice of date, time, place, and purpose of any special meetings shall be placed on the department's website www.agri.ohio.gov and sent to media outlets that requested such information, at least twenty-four hours prior to said meeting.

(3) Emergency meetings: Notice of date, time, place, and purpose of all emergency meeting shall be given to all news media who requested prior notification and on the department's website www.agri.ohio.gov.

(C) Any person may obtain prior notice of the date, time, and location of any regularly scheduled, special, or emergency meetings by requesting prior notification in writing from the "Ohio Department of Agriculture, Office of Animal Health, 8995 East Main Street, Reynoldsburg, Ohio 43068"; or by calling the animal health division at (614) 728-6220.

Last updated May 23, 2024 at 8:25 AM

History

Effective: May 23, 2024
Promulgated Under: 119.03

Ohio Administrative Code 901 — Department of Agriculture

Chapter 901-2 Matching Grants

Ohio Adm.Code 901-2-01 Definitions.

Ohio Adm.Code 901-2-07

Ohio Adm.Code 901-2-02 Eligibility requirements for application property.

Ohio Adm.Code 901-2-05

Ohio Adm.Code 901-2-04 Landowner application procedure.

Ohio Adm.Code 901-2-06 Determination of selected application properties.

Ohio Adm.Code 901-2-08

Ohio Adm.Code 901-2-09 Appraisals.

Ohio Adm.Code 901-2-10 Deed of agricultural easement.

Ohio Adm.Code 901-2-11 Supervision and enforcement.

Ohio Adm.Code 901-2-12 Easement extinguishment.

Ohio Adm.Code 901-2-13 Recoupment of funds.

Ohio Adm.Code 901-2-14 Meetings of farmland preservation advisory board.

Chapter 901-3 Notice; Special Account

Ohio Adm.Code 901-3-01 Public notice for rule filing.

Chapter 901-4 Administrative Hearings

Ohio Adm.Code 901-4-01 Administrative Hearings.

Chapter 901-5 County and Independent Agricultural Societies

Ohio Adm.Code 901-5-01 Definitions.

Ohio Adm.Code 901-5-16

Ohio Adm.Code 901-5-03 Requirements for membership certificates.

Ohio Adm.Code 901-5-04 Declaration of candidacy for society directors.

Ohio Adm.Code 901-5-05 Terms of office for society directors and officers and conduct of election.

Ohio Adm.Code 901-5-06 Reorganization meeting.

Ohio Adm.Code 901-5-07 Reporting society finances and hearing procedures for withholding funds by the department.

Ohio Adm.Code 901-5-08 Society constitution.

Ohio Adm.Code 901-5-09 Payments to directors and officers of the society.

Ohio Adm.Code 126-1-02

Ohio Adm.Code 901-5-10 Authorized representative to the annual meeting with the director.

Ohio Adm.Code 901-5-11 Approval of fair dates by the director.

Ohio Adm.Code 901-5-13 Health requirements for animals exhibited on fair grounds.

Ohio Adm.Code 901-5-15 Prohibition on use of society facilities of employees to promote candidacy of directors.

Chapter 901-10 Accessing Confidential Personal Information

Ohio Adm.Code 901-10-01 Definitions.

Ohio Adm.Code 901-10-04

Ohio Adm.Code 901-10-02 Procedures for accessing confidential personal information.

Ohio Adm.Code 901-10-03 Valid reasons for accessing confidential person information.

Ohio Adm.Code 901-10-05 Restricting and logging access to CPI in computerized personal information systems.

Chapter 901-14 Nonprofit Livestock Association Exhibits

Ohio Adm.Code 901-14-01 Application for livestock funds.

Chapter 901-15 Laboratory Services

Ohio Adm.Code 901-15-01 Agreement for the performance of laboratory services.

Chapter 901-19 Livestock Exhibitions

Ohio Adm.Code 901-19-01 Definitions.

Ohio Adm.Code 901-5-11

Ohio Adm.Code 901-19-12

Ohio Adm.Code 901-19-02 Types of shows; slaughter.

Ohio Adm.Code 901:1-18-03

Ohio Adm.Code 901-19-03 Auction sales at terminal or partial terminal shows.

Ohio Adm.Code 901-19-04 Prohibited practices.

Ohio Adm.Code 901-19-13

Ohio Adm.Code 901-19-06

Ohio Adm.Code 901-19-05 Responsibilities of an exhibition sponsor.

Ohio Adm.Code 901-19-07

Ohio Adm.Code 901-19-21

Ohio Adm.Code 901-19-10 Testing requirements and test results.

Ohio Adm.Code 901-19-19 Absolute liability.

Ohio Adm.Code 901-19-31 Responsibilities of and assistance to junior fair exhibitors.

Ohio Adm.Code 901-19-32 Breed shows or classes.

Ohio Adm.Code 901-19-33 Prohibited grooming practices.

Ohio Adm.Code 901-19-35 Recognition of disciplinary actions.

Ohio Adm.Code 901-19-39 Ownership requirements.

Ohio Adm.Code 901-19-40 Meetings of the advisory committee on livestock exhibitions.

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