reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 941 | Animal Diseases › Section 941.01 | Animal Diseases Definitions.

Effective:
March 23, 2016
Latest Legislation:
House Bill 131 - 131st General Assembly
As used in this chapter:
(A) "Dangerously contagious or infectious disease" means any disease, including any foreign animal disease, or vector, that the director of agriculture, in the director's sound discretion, determines to be of harmful effect on the animal or poultry industry or the public health and to be capable of transmission by any means from a carrier animal to a human or to another animal.
(B) "Disease of concern" means any disease, including any foreign animal disease, or vector, that the director determines may have an adverse impact on the animal or poultry industry or to the public health in this state, but that is not a disease that is reportable to the United States department of agriculture.
(C) "Geographic area" means any county or counties within this state or parts thereof as may be designated by the director.
(D) "Animal" means any animal that is a bird, reptile, amphibian, fish, or mammal, other than humans.
(E) "Domestic animal" includes livestock; other animals that through long association with humans have been bred to a degree resulting in genetic changes affecting the temperament, color, conformation, or other attributes of the species to an extent that makes them different from nondomestic animals of their kind; and other animals as defined by rule by the director.
(F) "Foreign animal disease" means a contagious or infectious disease that is not present in United States domestic or nondomestic species populations and is listed by the United States department of agriculture as a "foreign animal disease."
(G) "Nondomestic animal" means any animal that is not domestic, including at least nonindigenous animals and animals usually not in captivity.
(H) "Poultry" means any domesticated fowl kept in confinement, except for doves and pigeons, that are bred for the primary purpose of producing eggs or meat for human consumption. "Poultry" includes chickens, turkeys, waterfowl, and game birds.
(I) "Vector" means a disease carrier, usually from, but not limited to, the arthropod class, that transfers an infectious agent that may transmit a dangerously contagious or infectious disease from one host to another.
(J) "Residue" means any poisonous or deleterious pesticide governed by 40 C.F.R. 180, any poisonous or deleterious substance governed by 21 C.F.R. 109.6, or any other substance governed by 21 C.F.R. 556.
(K) "Seal" means any band or object made of metal, plastic, or other material placed on a vehicle or other means of conveyance so that when the vehicle or conveyance is opened, the band or object is affected, altered, or broken.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 941 | Animal Diseases › Section 941.02 | Chief of Division of Animal Health - Qualifications and Duties.

Effective:
October 17, 2011
Latest Legislation:
House Bill 229 - 129th General Assembly
(A) The chief of the division of animal health, appointed by the director of agriculture under sections 121.04 and 121.05 of the Revised Code, shall be a veterinarian accredited and licensed to practice in this state.
(B) The chief shall promote and protect the livestock, poultry, and other animal interests of the state, prevent the spread of dangerously contagious or infectious disease, provide for the control and eradication of such disease, and cooperate with the United States department of agriculture in such work.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 941 | Animal Diseases › Section 941.03 | Administrative Rules.

Effective:
March 23, 2016
Latest Legislation:
House Bill 131 - 131st General Assembly
(A) The director of agriculture, under Chapter 119. of the Revised Code, may adopt and enforce rules to carry out this chapter, including designating a disease or vector as a dangerously contagious or infectious disease or as a disease of concern.
(B) No person shall fail to comply with the rules adopted by the director under division (A) of this section.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 941 | Animal Diseases › Section 941.041 | Prohibitions Regarding Animal Diseases.

Effective:
October 17, 2011
Latest Legislation:
House Bill 229 - 129th General Assembly
No person shall do any of the following:
(A) Fail to stop the person's vehicle or conveyance when directed to do so in accordance with section 941.04 of the Revised Code;
(B) Import, carry, transport, or bring an animal into this state unaccompanied by a certificate of veterinary inspection, animal health certificate, waybill, yarding receipt, sale ticket, or other document required by this chapter and rules adopted under it;
(C) Fail to present any document identified in division (B) of this section when requested to do so by the director of agriculture or the director's authorized representative;
(D) Fail to permit the director or the director's authorized representative to inspect any vehicle or means of conveyance in accordance with section 941.04 of the Revised Code;
(E) Violate the seal placed on the vehicle or means of conveyance by the director or the director's authorized representative;
(F) Violate or fail to comply with the terms of the permit issued under division (C) of section 941.07 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 941 | Animal Diseases › Section 941.042 | Application for Search Warrant to Allow Access or Admission.

Effective:
June 20, 1994
Latest Legislation:
Senate Bill 134 - 120th General Assembly
If the director of agriculture or his authorized representative is denied access or admission to any premises, vehicle, or conveyance to which access or admission is authorized by section 941.04 of the Revised Code, he may apply to any court of competent jurisdiction for a search warrant allowing the access or admission.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 941 | Animal Diseases › Section 941.043 | Order for Immediate Slaughter or Boarding of Animal.

Effective:
June 14, 1995
Latest Legislation:
House Bill 202 - 121st General Assembly
If the owner of the animal or the operator of the vehicle or conveyance is unable or refuses to comply with the permit issued under division (C) of section 941.04 of the Revised Code, or if necessary during a detention or impoundment in accordance with that division, the director of agriculture or the director's authorized representative may order the immediate slaughter of the animal in accordance with division (D)(3) of section 941.10 of the Revised Code and in the manner the director determines is most efficient, or may board or stable the animal at a location that can provide and care for the animal. All costs incurred as the result of a slaughter or boarding under this section shall be assessed against the owner of the animal, and the department of agriculture shall provide written notice to the owner demanding reimbursement for the costs. The owner shall reimburse the department for any such costs it has incurred within seventy-two hours after receiving the notice. The director may retain any proceeds from the slaughter of the animal to apply against any costs the department has incurred.
No person taking action as authorized by this section is liable for any losses incurred as the result of that action.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 941 | Animal Diseases › Section 941.05 | Inspections - Authority and Enforcement.

Effective:
January 1, 1974
Latest Legislation:
House Bill 511 - 109th General Assembly
(A) No owner or bailee of the premises or means of conveyance on which an animal is contained, shall fail to provide all reasonable assistance to a person authorized under section 941.04 of the Revised Code, if that person requests to make an inspection of such premises or means of conveyance.
(B) During any inspection by an authorized person, no person shall conceal or attempt to conceal any animal on the premises or means of conveyance on which such authorized person is conducting his inspection.
(C) Any law enforcement officer of the state or a political division thereof shall, within such officer's area of jurisdiction, assist any authorized person in the enforcement of Chapter 941. of the Revised Code when requested to do so by the director of agriculture.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 941 | Animal Diseases › Section 941.06 | Enforcing Authority.

Effective:
March 23, 2016
Latest Legislation:
House Bill 131 - 131st General Assembly
(A) If any person has reason to suspect the existence of a dangerously contagious or infectious disease, a disease of concern, or a residue, the person immediately shall give notice of that fact to the director of agriculture or to a licensed veterinarian.
(B) If a veterinarian receives notice of the existence or suspected existence of a dangerously contagious or infectious disease, a disease of concern, or a residue as provided in division (A) of this section, the veterinarian immediately shall communicate that notice to the director.
(C) No person shall sell, attempt to sell, keep with intent to sell, or otherwise transfer to another person an animal that the person knows, or has reason to know, is infected with or exposed to any dangerously contagious or infectious disease or a disease of concern or is adulterated with a residue, except as otherwise provided in this chapter or rules adopted under it.
(D) The offense established under division (C) of this section is a strict liability offense and section 2901.20 of the Revised Code does not apply. The designation of this offense as a strict liability offense shall not be construed to imply that any other offense, for which there is no specified degree of culpability, is not a strict liability offense.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 941 | Animal Diseases › Section 941.08 | Testing or Examining Animal.

Effective:
June 20, 1994
Latest Legislation:
Senate Bill 134 - 120th General Assembly
(A) Any owner or bailee of an animal that is to be tested or examined by a person authorized by the department of agriculture shall stable the animal when requested to do so by the authorized person.
(B) The owner or person in charge of an animal that is to be tested or examined by a person authorized by the department shall furnish all reasonable assistance in the handling, restraint, and care of the animal.
(C) In the event the owner or bailee of an animal refuses to stable the animal or assist in its handling, restraint, and care, the department shall cease testing and shall quarantine the animal. Any person adversely affected by the termination of testing may request a hearing in accordance with division (F) of section 941.07 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 941 | Animal Diseases › Section 941.09 | Rules Governing Identification of Animals.

Effective:
March 23, 2016
Latest Legislation:
House Bill 131 - 131st General Assembly
(A) The director of agriculture may adopt and enforce rules in accordance with Chapter 119. of the Revised Code governing the identification of an animal tested for, vaccinated against, or infected with a dangerously contagious or infectious disease or a disease of concern or adulterated with a residue and the importation, use, dispensation, and reporting of the use of vaccines for mitigating dangerously contagious or infectious diseases or diseases of concern or other treatments for residues.
(B) No person shall remove, alter, or replace an identification that is required by federal or state law and is placed upon an animal by a person authorized by the director.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 941 | Animal Diseases › Section 941.10 | Rules Governing Importation and Movement of Animals.

Effective:
March 23, 2016
Latest Legislation:
House Bill 131 - 131st General Assembly
(A) The director of agriculture may adopt and enforce rules to govern the importation and movement of animals.
(B) Whenever the governor upon receipt of information from the director believes that any condition or disease, including a dangerously contagious or infectious disease or a disease of concern present in any other state, territory, or country, may endanger the health of livestock, animals, or persons of this state, the governor may prohibit or regulate by proclamation, the importation from that other state, territory, or country, of animals of a kind that could carry that disease or condition into this state.
(C) No person shall import, move, sell, or dispose of any animal contrary to a proclamation issued by the governor under division (B) of this section, without first obtaining written permission from the director.
(D) When an animal is moved into the state in violation of any applicable federal or state law, the director or the director's authorized representative, without prior hearing, may take whichever of the following courses of action regarding the animal as the director or the director's authorized representative determines is most appropriate:
(1) Quarantine the animal until it is brought into compliance;
(2) Order the animal returned to the point of origin;
(3) Order the animal moved to slaughter.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 941 | Animal Diseases › Section 941.11 | Order for Destruction of Animal.

Effective:
March 23, 2016
Latest Legislation:
House Bill 131 - 131st General Assembly
(A) Except as otherwise provided in this chapter, the director of agriculture, without prior hearing, may order the destruction of any domestic or nondomestic animal found to be adulterated with residues, infected with or exposed to a dangerously contagious or infectious disease, infected with or exposed to a disease of concern, or determined to endanger the health or well-being of animal populations or public health in the state. If the director determines that seizure and destruction of a nondomestic animal is necessary, the director shall coordinate the seizure and destruction of that animal with the department of natural resources.
(B)(1) No person shall fail to comply with the director's order to destroy an animal found to be infected with or exposed to a dangerously contagious or infectious disease or a disease of concern or adulterated with residues.
(2) The offense established under division (B)(1) of this section is a strict liability offense and section 2901.20 of the Revised Code does not apply. The designation of this offense as a strict liability offense shall not be construed to imply that any other offense, for which there is no specified degree of culpability, is not a strict liability offense.
(C) The director, if possible, shall notify any person owning or having custody of an animal ordered destroyed, either in person or by certified mail, return receipt requested, prior to destruction. Evidence of the notification of a destruction order shall be proved by an affidavit or by the certified mail return receipt.
(D) A destruction order shall contain all of the following information:
(1) The name and address of the person owning and having custody of the animal, if known;
(2) A description of the animal affected by the order;
(3) The reason for the order;
(4) A reasonable deadline for compliance with the order;
(5) A notice to the effect that any person adversely affected by the destruction order may request a hearing to review the order.
(E) A person adversely affected by an order may request in writing, within thirty days after receiving the order, a hearing in accordance with Chapter 119. of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 941 | Animal Diseases › Section 941.12 | Indemnification for Value of Destroyed Animals.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) If an animal is ordered destroyed by the director of agriculture under this chapter, the director shall take an inventory of each animal that is destroyed and record sufficient information in order for an appraisal to be conducted, if necessary.
(B)(1) Within thirty days after receiving a destruction order issued under this chapter, the owner of the animal subject to the order that seeks indemnification for the animal shall do both of the following:
(a) Request the information recorded under division (A) of this section and have an appraisal of the animal conducted at the owner's expense;
(b) Request that the department of agriculture conduct an appraisal of the animal. If an appraisal is requested, the director shall order the appraisal to be conducted.
(2) If the owner and the department do not agree on the value of the animal ordered destroyed, the two shall select a third disinterested person, at the owner's expense, to appraise the animal. The appraisal conducted by that person is the value of the animal for purposes of indemnification.
(3) If an appraisal is not conducted under division (B)(1)(a) of this section or requested under division (B)(1)(b) of this section within thirty days of receiving the destruction order issued under this chapter, the owner waives the right to indemnification of the animal.
(C) Once the value of the animal ordered destroyed is determined, the director may indemnify the owner of the animal if, upon the request of the director, the director of budget and management provides written notification to the director of agriculture that there is an unencumbered balance in the appropriation for the current biennium sufficient to pay the indemnity. The amount of indemnity is the appraised value of the animal, less any salvage value and indemnity received from another agency. In no case shall the state indemnity payment exceed fifty dollars per head for a grade animal or one hundred dollars per head for a registered purebred animal.
(D) The director of agriculture may refuse to pay an indemnity for any animal ordered destroyed if the owner has been convicted of or pleads guilty to a violation of any of the provisions of this chapter or the rules promulgated thereunder.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 941 | Animal Diseases › Section 941.14 | Disposal of Dead or Destroyed Animals.

Effective:
January 1, 2016
Latest Legislation:
House Bill 131, House Bill 64 - 131st General Assembly
(A) The owner shall burn the body of an animal that has died of, or been destroyed because of, a dangerously infectious or contagious disease, bury it not less than four feet under the surface of the ground, dissolve it by alkaline hydrolysis, remove it in a watertight tank to a rendering establishment, or otherwise dispose of it in accordance with section 939.04 or 953.26 of the Revised Code within twenty-four hours after knowledge thereof or after notice in writing from the department of agriculture.
(B) The owner of premises that contain a dead animal shall burn the body of the animal, bury it not less than four feet beneath the surface of the ground, dissolve it by alkaline hydrolysis, remove it in a watertight tank to a rendering establishment, or otherwise dispose of it in accordance with section 939.04 or 953.26 of the Revised Code within a reasonable time after knowledge thereof or after notice in writing from the department or from the township trustees of the township in which the owner's premises are located.
(C) The director of agriculture may adopt rules in accordance with Chapter 119. of the Revised Code establishing requirements and procedures governing the disposal of the body of an animal that has died of, or been destroyed because of, a disease of concern.
(D) Notwithstanding division (A) or (B) of this section or rules adopted under division (C) of this section, the director, in written notice sent to the owner of a dead animal, may require the owner to employ a specific method of disposition of the body, including burning, burying, rendering, composting, or alkaline hydrolysis, when that method does not conflict with any law or rule governing the disposal of infectious wastes and, in the director's judgment, is necessary for purposes of animal disease control. No person shall fail to employ the method of disposition required under this division.
(E) The director, in written notice sent to the owner of a dead animal, may prohibit the owner from transporting the body of the dead animal on any street or highway if that prohibition does not conflict with any law or rule governing the transportation of infectious wastes and, in the director's judgment, is necessary for purposes of animal disease control. No person shall fail to comply with a prohibition issued under this division.
(F) As used in this section, "infectious wastes" has the same meaning as in section 3734.01 of the Revised Code, and "street" or "highway" has the same meaning as in section 4511.01 of the Revised Code.
The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 941 | Animal Diseases › Section 941.15 | Owner Failing to Dispose of Dead Animal.

Effective:
August 10, 1994
Latest Legislation:
Senate Bill 73 - 120th General Assembly
If the owner of land fails to comply with section 941.14 of the Revised Code, the department of agriculture or the board of township trustees of the township in which the land is located shall have the body of the dead animal burned, buried, removed to a rendering establishment, or disposed of in accordance with section 953.26 of the Revised Code, as appropriate, and the cost thereof shall be added to the tax assessment of the land.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 941 | Animal Diseases › Section 941.21 | Brucellosis Definitions.

Effective:
June 20, 1994
Latest Legislation:
Senate Bill 134 - 120th General Assembly
As used in sections 941.21 to 941.28 of the Revised Code:
(A) "Brucellosis" means a contagious or infectious disease of animals caused by brucella suis, brucella melitensis, or brucella abortus.
(B) "Negative" means any of the following:
(1) Cattle, bison, and swine that are determined to be negative by tests conducted in accordance with methods and standards adopted by the animal and plant health inspection service, United States department of agriculture, in 9 C.F.R. 78.1 et seq., as amended, or that are reclassified as negative by a designated epidemiologist in accordance with rules adopted under section 941.22 of the Revised Code;
(2) Animals other than cattle, bison, and swine, that are reclassified negative by a designated epidemiologist in accordance with rules adopted under section 941.22 of the Revised Code.
(C) "Positive" or "reactor" means:
(1) Cattle, bison, and swine that are determined to be positive by tests conducted in accordance with methods and standards adopted by the animal and plant health inspection service, United States department of agriculture, in 9 C.F.R. 78.1 et seq., as amended, that are cultured positive for brucella melitensis, brucella suis, or brucella abortus, except strain nineteen, or that are reclassified as positive by a designated epidemiologist in accordance with rules adopted under section 941.22 of the Revised Code;
(2) Animals other than cattle, bison, and swine, that are reclassified positive or reactor by a designated epidemiologist in accordance with rules adopted under section 941.22 of the Revised Code.
(D) "Suspect" means:
(1) Cattle, bison, and swine that are tested in accordance with methods and standards adopted by the animal and plant health inspection service, United States department of agriculture, in 9 C.F.R. 78.1 et seq., as amended, and are not classified as positive or negative;
(2) Animals other than cattle, bison, and swine, that are reclassified suspect by a designated epidemiologist in accordance with rules adopted under section 941.22 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 941 | Animal Diseases › Section 941.22 | Administrative Rules.

Effective:
June 20, 1994
Latest Legislation:
Senate Bill 134 - 120th General Assembly
(A) The director of agriculture may adopt rules that do all of the following:
(1) Establish requirements for certifying a herd of cattle and bison as brucellosis-free;
(2) Establish requirements for validating a herd of swine as brucellosis-free;
(3) Designate an epidemiologist in accordance with federal regulations adopted by the animal and plant health inspection service, United States department of agriculture in 9 C.F.R. 78.1 et seq., as amended, and authorize the designated epidemiologist to reclassify animals at his discretion for the purposes of sections 941.21 to 941.41 of the Revised Code based upon epidemiology, herd history, or further tests and examinations.
(B) The director may adopt rules that establish requirements for negative brucellosis status for a group of animals.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 941 | Animal Diseases › Section 941.23 | County Appropriation From Funds.

Effective:
December 14, 1967
Latest Legislation:
House Bill 842 - 107th General Assembly
The board of county commissioners of any county may make such appropriations from the general funds of its county as will enable it to cooperate effectively with the animal owners, the Ohio department of agriculture and the United States department of agriculture in the control and eradication of brucellosis. The money so appropriated shall be placed in a fund to be used for the eradication of brucellosis in the county in which it originated, subject to the approval of the Ohio department of agriculture.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 941 | Animal Diseases › Section 941.24 | Authority to Test.

Effective:
December 14, 1967
Latest Legislation:
House Bill 842 - 107th General Assembly
(A) No person shall make a brucellosis test or employ any other method of detection for brucellosis or administer a brucella vaccine unless he is first authorized to do so by the department of agriculture. Such authority may be revoked for any violation of Chapter 941. of the Revised Code, without a hearing.
(B) No person shall administer a brucella vaccine that is not approved by the Ohio department of agriculture and produced under license of the United States department of agriculture.
(C) Any person who makes a brucellosis test or employs any other method of detection for brucellosis shall report the results to the Ohio department of agriculture within seven days, unless he is granted an extension in writing by the department. Such reports shall be made on forms provided by the department.
(D) The director of agriculture may promulgate a regulation governing the sale and distribution of a brucella biologic or antigen.
(E) Any animal tested for brucellosis or administered brucella vaccine shall be identified in the right ear by tattoo or a metal numbered ear tag or such method of identification as may be prescribed by regulation by the director.
(F) No person other than a licensed accredited veterinarian shall administer brucella vaccine.
(G) If a veterinarian administers a brucella vaccine, he shall report such vaccination to the department on a form provided by the department. Such report shall be made no later than seven days after the date of vaccination, unless the department grants a written extension of time.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 941 | Animal Diseases › Section 941.25 | Consignment for Slaughter of Positive or Suspect Animals.

Effective:
June 20, 1994
Latest Legislation:
Senate Bill 134 - 120th General Assembly
(A) If an animal is a positive or a suspect, it shall be identified with a numbered ear tag or in a manner prescribed by rule prior to movement from the infected premises.
(B) A suspect animal may be retained on the premises of the owner, provided that it is kept in a manner that does not expose another herd.
(C) A positive or suspect animal may be consigned for immediate slaughter through any licensed stockyard or directly to any slaughtering establishment approved by the department of agriculture, provided the positive or suspect animal is marked in accordance with this section and is accompanied by a permit issued by the department. Such an animal shall be delivered to an approved slaughtering establishment within a ten-day period from the date the animal was either consigned for slaughter or a permit was issued for its slaughter.
(D) A positive animal shall be slaughtered by a licensed slaughtering establishment or by the owner on his own premises no later than thirty days after it becomes a positive. A positive cattle or bison shall be branded on the left jaw with the letter "B" at least three inches high.
(E) The person who slaughters any positive or suspect animal shall furnish proof of the slaughter to the department. The proof shall be such as will meet with the approval of the department.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 941 | Animal Diseases › Section 941.26 | Movement of Positive or Suspect Animals.

Effective:
December 14, 1967
Latest Legislation:
House Bill 842 - 107th General Assembly
A suspect or a positive, other than a bovine animal, may be moved in accordance with regulations adopted by the director of agriculture.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 941 | Animal Diseases › Section 941.27 | Disinfection of Premises or Means of Conveyance.

Effective:
December 14, 1967
Latest Legislation:
House Bill 842 - 107th General Assembly
The premises or means of conveyance, from which a positive has been removed, shall be thoroughly cleaned and disinfected by the owner of such premises or means of conveyance with a disinfectant approved by the department of agriculture, in accordance with regulations which the department may adopt.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 941 | Animal Diseases › Section 941.31 | Rules Concerning Johne's Disease.

Effective:
June 20, 1994
Latest Legislation:
Senate Bill 134 - 120th General Assembly
(A) The director of agriculture may adopt, and may amend and rescind, rules in accordance with Chapter 119. of the Revised Code governing the importation, identification, dispensation, use, and reporting the use of vaccines for mitigating johne's disease.
(B) In determining whether an animal is infected with johne's disease, the mycobacterium paratuberculosis is isolated by a bacteriological culture or the animal is tested and the test result is positive. The test shall be conducted by a state or federal laboratory or a laboratory approved by the department of agriculture.
(C) An animal determined to be infected with johne's disease shall be identified by an official United States department of agriculture eartag, tattoo, or other method approved by the director.
(D) An animal determined to be infected with johne's disease shall not be removed from the premises except for purposes of immediate slaughter and with the permission or approval of the department.
(E) As used in this section, "johne's disease" means a disease of animals caused by the bacteria mycobacterium paratuberculosis.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 941 | Animal Diseases › Section 941.41 | Destruction of Porcine Animals.

Effective:
June 20, 1994
Latest Legislation:
Senate Bill 134 - 120th General Assembly
(A) Porcine animals that the director of agriculture finds to be infected with or exposed to pseudorabies may be ordered destroyed in accordance with section 941.11 of the Revised Code.
(B) The director shall adopt rules to indemnify the owner of any porcine animal destroyed under this section, which shall set forth the amount of the indemnity and conditions for payment of an indemnity. Payment of indemnity shall be subject to the availability of funds authorized by rule for such purposes.
(C) If a porcine animal is found to have pseudorabies, all porcine animals within one and three-quarter miles of the infected animal may be tested, if necessary, as determined by the director.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 941 | Animal Diseases › Section 941.51 | Tuberculosis Definitions.

Effective:
June 20, 1994
Latest Legislation:
Senate Bill 134 - 120th General Assembly
As used in sections 941.51 to 941.56 of the Revised Code:
(A) "Negative" means an animal determined by a tuberculosis test not to be infected with tuberculosis.
(B) "Reactor" means any animal that shows a response to an approved tuberculin test and is classified a reactor by the testing veterinarian.
(C) "Suspect" means an animal that cannot be classed as a reactor or negative after a tuberculosis test.
(D) "Tuberculosis" means a dangerously contagious or infectious disease of any species caused by mycobacterium bovis.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 941 | Animal Diseases › Section 941.52 | Administrative Rules.

Effective:
June 20, 1994
Latest Legislation:
Senate Bill 134 - 120th General Assembly
(A) The director of agriculture may adopt rules providing:
(1) The requirements for qualification of a herd of cattle or bison as a tuberculosis accredited herd;
(2) The requirements for qualification of an area as a modified tuberculosis accredited area or an accredited tuberculosis-free area;
(3) The requirements for negative test status for animals other than cattle or bison.
(B) Whenever ninety per cent of the cattle of a township or county or of the entire state that are required to be tested to maintain or establish a modified tuberculosis accredited area or accredited tuberculosis-free area have been tuberculosis tested, authorized persons of the department of agriculture may enter the premises where any of the remaining cattle are kept and test all cattle.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 941 | Animal Diseases › Section 941.53 | County Appropriation From Funds.

Effective:
December 14, 1967
Latest Legislation:
House Bill 842 - 107th General Assembly
The board of county commissioners may make such appropriations from the general funds of its county as will enable it to cooperate effectively with the cattle owners, the Ohio department of agriculture, and the United States department of agriculture in the control and eradication of tuberculosis. The money so appropriated shall be placed in a fund to be used solely in the county in which it originated, subject to the approval of the Ohio department of agriculture.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 941 | Animal Diseases › Section 941.54 | Tuberculosis Tests.

Effective:
June 20, 1994
Latest Legislation:
Senate Bill 134 - 120th General Assembly
(A) Every tuberculosis test shall be conducted by a licensed accredited veterinarian using a method approved by the department of agriculture.
(B) Every tuberculosis test shall be reported to the department within seven days after making the test, unless an extension of time is granted by the department.
(C) The report shall be made on a form provided by the department and shall include the name and address of the owner of the animal, identification of the animal, and any other information as may be required on the form.
(D) Every animal tested for tuberculosis shall be identified by a method approved by the director of agriculture.
(E) Every animal classed as a reactor shall be marked with a numbered red reactor tag furnished by the department. The department also shall brand cattle and bison on the left jaw with the letter "T" not less than three inches high within ten days of the classification of those animals.
(F) All cattle and bison classed as reactors shall forever be considered as infected with tuberculosis.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 941 | Animal Diseases › Section 941.55 | Slaughter of Animals - Post Mortem Tests.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) Notwithstanding section 941.11 of the Revised Code, every bovine animal that is ordered destroyed because of tuberculosis following a tuberculosis test made in accordance with section 941.54 of the Revised Code shall be slaughtered in an establishment approved by the department of agriculture no later than fifteen days after it is ordered destroyed, unless an extension of time is granted by the department.
(B) A post mortem examination shall be made by a veterinarian authorized by the department, and a report of the examination shall be filed within five days after the examination on forms provided by the department.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 941 | Animal Diseases › Section 941.56 | Disinfection of Premises or Means of Conveyance.

Effective:
December 14, 1967
Latest Legislation:
House Bill 842 - 107th General Assembly
The premises or means of conveyance from which a reactor has been removed shall be thoroughly cleaned and disinfected by the owner of such premises or means of conveyance with a disinfectant approved by the department of agriculture, in accordance with regulations which the department may adopt.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 941 | Animal Diseases › Section 941.60 | Injunction Prohibiting Violation or Compelling Compliance.

Effective:
June 20, 1994
Latest Legislation:
Senate Bill 134 - 120th General Assembly
In addition to the penalties and remedies provided in this chapter and irrespective of whether there exists an adequate remedy at law, the director of agriculture may apply to any court of competent jurisdiction for the issuance of a temporary or permanent injunction prohibiting violation of or compelling compliance with any provision of this chapter or any order issued by the director under this chapter.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 941 | Animal Diseases › Section 941.99 | Penalty.

Effective:
July 1, 1996
Latest Legislation:
Senate Bill 2 - 121st General Assembly
(A) Whoever violates sections 941.03, 941.05, 941.06, 941.08, 941.14, 941.24, 941.25, 941.54, 941.56, or division (C) of section 941.07, division (B) of section 941.09, division (C) of section 941.10, division (B) of section 941.11, or division (A) of section 941.55 of the Revised Code is guilty of a misdemeanor of the fourth degree. For each subsequent violation, such person is guilty of a misdemeanor of the third degree.
(B) Whoever violates division (A), (C), or (D) of section 941.041 of the Revised Code is guilty of a misdemeanor of the first degree.
(C) Whoever violates division (B) of section 941.041 of the Revised Code is guilty of a misdemeanor of the fourth degree on a first offense. On each subsequent violation, the person is guilty of a misdemeanor of the third degree.
(D) Except as otherwise provided in this section, whoever violates division (E) or (F) of section 941.041 of the Revised Code is guilty of a misdemeanor of the first degree. If the animal is found to be infected with or to have been exposed to a dangerously contagious or infectious disease or is adulterated with a residue or if the person previously has been convicted of or pleaded guilty to one violation of division (E) or (F) of section 941.041 of the Revised Code, the person is guilty of a felony of the fifth degree. Thereafter, on each subsequent violation, the person is guilty of a felony of the fourth degree.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 942 | Garbage-Fed Swine and Poultry › Section 942.01 | Garbage-Fed Swine and Poultry Definitions.

Effective:
July 17, 2009
Latest Legislation:
House Bill 1 - 128th General Assembly
As used in sections 942.01 to 942.13 of the Revised Code:
(A) "Conveyance" means a vehicle, trailer, or compartment that is used to transport raw rendering material.
(B) "Garbage" means all waste material derived in whole or in part from the meat of any animal, including fish and poultry, or other animal material, and other refuse of any character that has been associated with such waste material resulting from the handling, preparation, cooking, or consumption of food.
(C) "Person" means any individual, corporation, partnership, association, society, company, firm, or other legal entity.
(D) "Raw rendering material" has the same meaning as in section 953.21 of the Revised Code.
(E) "Treated garbage" means any edible garbage for consumption by swine that has been heated at boiling point while being agitated, except in steam cooking equipment, to ensure that the garbage is heated throughout for thirty minutes under the supervision of a person licensed pursuant to section 942.02 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 942 | Garbage-Fed Swine and Poultry › Section 942.02 | License to Feed Treated Garbage.

Effective:
October 17, 2011
Latest Legislation:
House Bill 229 - 129th General Assembly
(A) No person shall feed on the person's premises, or permit the feeding of, treated garbage to swine without a license to do so issued by the department of agriculture.
(B) An application for a license to feed treated garbage shall be made in writing on a form prescribed by the director of agriculture.
(C) A license shall be renewed before the thirty-first day of December of each year, and an application for renewal shall be filed before the thirtieth day of November of each year.
(D) The fee for the license shall be one hundred dollars per annum. A late fee of fifty dollars shall be paid for each application that is received after the thirtieth day of November each year.
(E) All money collected under this section shall be credited to the animal and consumer protection laboratory fund created in section 901.43 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 942 | Garbage-Fed Swine and Poultry › Section 942.03 | Refusal, Suspension, Revocation of License.

Effective:
December 14, 1967
Latest Legislation:
House Bill 843 - 107th General Assembly
The director of agriculture may refuse to grant, or may suspend or revoke, a license for any violation of a provision of Chapter 942. of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 942 | Garbage-Fed Swine and Poultry › Section 942.04 | Prohibited Conduct - Certification of Treatment.

Effective:
June 20, 1994
Latest Legislation:
Senate Bill 134 - 120th General Assembly
(A) No person shall feed or permit the feeding of garbage to swine unless it is treated garbage and the person treating the garbage holds a valid license issued under section 942.02 of the Revised Code.
(B) If the treating process is not carried out on the premises where the garbage-fed swine are maintained, the person treating the garbage shall certify to the person feeding the treated garbage that it has been treated in accordance with this section.
(C) Both the person certifying to the effect that the garbage is treated and the person feeding the treated garbage are responsible for compliance with this section.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 942 | Garbage-Fed Swine and Poultry › Section 942.05 | Permit and Consignment for Slaughter.

Effective:
June 20, 1994
Latest Legislation:
Senate Bill 134 - 120th General Assembly
(A) Swine that have been fed treated garbage under this chapter shall be consigned for immediate slaughter to a recognized slaughtering establishment maintaining federal or state inspection.
(B) No person shall bring treated garbage-fed swine into this state without a special written permit to do so from the director of agriculture. Such swine shall be accompanied by the special permit and be consigned directly to a slaughtering establishment maintaining federal or state inspection.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 942 | Garbage-Fed Swine and Poultry › Section 942.06 | Equipment - Refuse.

Effective:
July 17, 2009
Latest Legislation:
House Bill 1 - 128th General Assembly
(A) Equipment used for handling garbage, except for the containers in which the garbage is treated, and conveyances shall not subsequently be used in the feeding of swine unless first cleaned and disinfected in accordance with directions on the labels of one of the following disinfectants approved by the "Federal Insecticide, Fungicide and Rodenticide Act," 61 Stat. 163 (1947), 7 U.S.C.A. 136, as amended:
(1) A registered brand of sodium orthophenylphenate;
(2) A registered cresylic disinfectant, provided that the conditions set forth under 9 C.F.R. 71.10 and 77.11 are met;
(3) Disinfectants with tuberculocidal claims and labeled as efficacious against any species within the viral genus herpes.
(B) Treated or untreated garbage that is not fed to swine and materials associated with such garbage shall be disposed of in a manner consistent with all applicable federal and state laws and in an area inaccessible to the swine.
(C) All refuse resulting from feeding treated garbage to swine that is not fed to swine shall be disposed of in a manner so as to prevent the attraction of insects and rodents or the contamination of adjoining property.
(D) The premises, vehicles, and equipment used in the feeding of treated garbage to swine shall be subject to inspection by the department of agriculture during regular business hours. If the director of agriculture or the director's designee is denied access to any premises as authorized under this division, the director or the director's designee may apply to any court of competent jurisdiction for a search warrant authorizing access to the requested premises. Upon receipt of an application for a search warrant, the court may issue a search warrant for the purposes requested.
(E)(1) The owner of the premises, vehicles, and equipment used in the feeding of treated garbage to swine and licensed pursuant to section 942.02 of the Revised Code shall be responsible for cleaning and disinfecting them with no expense to the department.
(2) The owner of a conveyance is responsible for cleaning and disinfecting the conveyance with no expense to the department.
Last updated April 19, 2022 at 3:57 PM
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 942 | Garbage-Fed Swine and Poultry › Section 942.07 | Maintenance of Records.

Effective:
June 20, 1994
Latest Legislation:
Senate Bill 134 - 120th General Assembly
Each person licensed under this chapter shall record the date of removal and the destination of all treated or untreated garbage removed from the premises owned or used by the licensee for the purposes of this chapter. Each licensee shall maintain legible and indelible records for one year from the date made, and shall provide the records to inspectors upon request. The licensee shall certify each entry in a record as correct by affixing his initials or signature or having an authorized agent or employee of the licensee affix his initials or signature.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 942 | Garbage-Fed Swine and Poultry › Section 942.10 | Administrative Rules.

Effective:
December 14, 1967
Latest Legislation:
House Bill 843 - 107th General Assembly
(A) The director of agriculture may adopt, promulgate, and enforce rules and regulations to carry out Chapter 942. of the Revised Code.
(B) No person shall fail to comply with any regulation promulgated under division (A) of this section.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 942 | Garbage-Fed Swine and Poultry › Section 942.11 | Fines Paid Into State Treasury.

Effective:
March 18, 1969
Latest Legislation:
House Bill 1 - 108th General Assembly
All fines collected under section 942.99 of the Revised Code shall be paid into the state treasury.