reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 927 | Nursery Stock; Plant Pests › Section 927.68 | Seizure of Nursery Stock.

Effective:
July 27, 1990
Latest Legislation:
House Bill 571 - 118th General Assembly
(A) The director of agriculture or his authorized representative may seize, or order removed from sale, any nursery stock which has been removed from the field where grown, has not been permanently replanted, and:
(1) Does not comply with the requirements of section 927.67 of the Revised Code with respect to soundness, vigor, or freedom from pests;
(2) Is not correctly labeled in accordance with section 927.67 of the Revised Code;
(3) Does not bear a certificate tag or poster as required by section 927.65 or 927.66 of the Revised Code;
(4) Is being offered for sale at a location or by a person not licensed under section 927.53 of the Revised Code.
(B)(1) The director may hold nursery stock seized by authority of division (A) of this section for ninety days or any lesser period of time, pending compliance with labeling, treating, or licensing requirements, or pending destruction of unsound, unhealthy, or weakened nursery stock.
(2) The director or his authorized representative shall cause tags to be attached to seized nursery stock at the time of seizure, and the nursery stock shall not be moved until the tag is removed by written release of the director.
(3) If a written release is not issued prior to the expiration of ninety days from the date of seizure, the seized nursery stock is subject to immediate confiscation by the director and the director may destroy it or give it to a state institution.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 927 | Nursery Stock; Plant Pests › Section 927.681 | Prohibitions Regarding Multiflora Rose Plants or Seed.

Effective:
April 24, 1986
Latest Legislation:
House Bill 522 - 116th General Assembly
No person and no political subdivision, agency, department, or instrumentality of the state shall, without a permit issued by the director of agriculture, sell, offer for sale, or plant any variety of multiflora rose plants or seed in this state, except that a licensed nurseryman may plant the multiflora rose for use as a root stock in growing roses other than the multiflora rose in his nursery. The director may issue permits to plant the multiflora rose for use in controlled experiments.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 927 | Nursery Stock; Plant Pests › Section 927.682 | Lythrum Salicaria (Purple Loosestrife) Plants or Seed Permit.

Effective:
July 9, 1986
Latest Legislation:
House Bill 76 - 116th General Assembly
(A) Except as otherwise provided in division (B) of this section, no person and no political subdivision, agency, department, or instrumentality of the state shall sell, offer for sale, or plant Lythrum salicaria (purple loosestrife) plants or seed in this state without a permit issued by the director of agriculture. The director may issue permits to plant Lythrum salicaria for use in controlled experiments.
(B) The director, by rule, shall exempt from the permit requirement of division (A) of this section any variety of Lythrum salicaria that has been demonstrated to the director's satisfaction not to be a threat to the environment.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 927 | Nursery Stock; Plant Pests › Section 927.69 | Inspection of Nursery Premises.

Effective:
June 30, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
To effect the purpose of sections 927.51 to 927.73 of the Revised Code, the director of agriculture or the director's authorized representative may:
(A) Make reasonable inspection of any premises in this state and any property therein or thereon;
(B) Stop and inspect in a reasonable manner, any means of conveyance moving within this state upon probable cause to believe it contains or carries any pest, host, commodity, or other article that is subject to sections 927.51 to 927.72 of the Revised Code;
(C) Conduct inspections of agricultural products that are required by other states, the United States department of agriculture, other federal agencies, or foreign countries to determine whether the products are infested. If, upon making such an inspection, the director or the director's authorized representative determines that an agricultural product is not infested, the director or the director's authorized representative may issue a certificate, as required by other states, the United States department of agriculture, other federal agencies, or foreign countries, indicating that the product is not infested.
If the director charges fees for any of the certificates, agreements, or inspections specified in this section, the fees shall be as follows:
(1) Phytosanitary certificates, twenty-five dollars for shipments comprised exclusively of nursery stock;
(2) Phytosanitary certificates, one hundred dollars for all others;
(3) Phytosanitary certificates, twenty-five dollars for replacement of an issued certificate because of a mistake on the certificate or a change made by the shipper if no additional inspection is required;
(4) Compliance agreements, forty dollars;
(5) Agricultural products and their conveyances inspections, an amount equal to the hourly rate of pay in the highest step in the pay range, including fringe benefits, of a plant pest control specialist multiplied by the number of hours worked by such a specialist in conducting an inspection.
The director may adopt rules under section 927.52 of the Revised Code that define the certificates, agreements, and inspections.
The fees shall be credited to the plant pest program fund created in section 927.54 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 927 | Nursery Stock; Plant Pests › Section 927.70 | Suppression of Harmful or Destructive Plant Pests.

Effective:
July 17, 2009
Latest Legislation:
House Bill 1 - 128th General Assembly
(A) No person shall knowingly permit any plant pest that has been determined to be destructive or dangerously harmful by the director of agriculture, in compliance with procedures required by division (A) of section 927.52 of the Revised Code, to exist in or on the person's premises.
(B) Whenever the director or the director's authorized representative finds any article or commodity to be infested or has reason to believe it to be infested, or finds that a host or pest exists on any premises, or is in transit in this state, the director may:
(1) Upon giving notice to the owner or the owner's agent in possession thereof, seize, quarantine, treat, or otherwise dispose of the pest, host, article, or commodity in such manner as the director determines necessary to suppress, control, eradicate, or to prevent or retard the spread of a pest;
(2) Order the owner or agent to so treat or otherwise dispose of the pest, host, article, or commodity.
(C) If the owner or person in charge of the premises refuses or neglects to carry out the orders of the director within seven days after receiving written notice, the director may treat the premises; treat or destroy the infested plants or plant material; or apply any other preventive or remedial measure that the director determines necessary. The expense of any such preventative or remedial measures shall be assessed, collected, and enforced, as taxes are assessed, collected, and enforced, against the premises upon which the expense was incurred. The amount of the expense when collected shall be credited to the plant pest program fund created in section 927.54 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 927 | Nursery Stock; Plant Pests › Section 927.701 | Voluntary Gypsy Moth Suppression Program.

Effective:
July 17, 2009
Latest Legislation:
House Bill 1 - 128th General Assembly
(A) As used in this section, "gypsy moth" means the live insect, Lymantria dispar, in any stage of development.
(B) The director of agriculture may establish a voluntary gypsy moth suppression program under which a landowner may request that the department of agriculture have the landowner's property aerially sprayed to suppress the presence of gypsy moths in exchange for payment from the landowner of a portion of the cost of the spraying. To determine the total cost per acre, the department shall add the per-acre cost of the product selected by the landowner to suppress gypsy moths and the per-acre cost of applying the product as determined by the director in rules. To determine the aggregate total cost, the department shall multiply the total cost per acre by the number of acres that the landowner requests to be sprayed. The department shall add to that amount any administrative costs that it incurs in billing the landowner and collecting payment. The portion of the cost that is assessed to the landowner, if any, shall be determined by the funding that is allocated to the department by the federal and state gypsy moth suppression programs.
(C) The director shall adopt rules under Chapter 119. of the Revised Code to establish procedures under which a landowner may make a request under division (B) of this section, to establish the per-acre cost of applying product to suppress gypsy moths, and to establish provisions governing agreements between the department and landowners concerning gypsy moth suppression together with any other provisions that the director considers appropriate to administer this section.
(D) The director shall deposit all money collected under this section to the credit of the plant pest program fund created in section 927.54 of the Revised Code. Money credited to the fund under this section shall be used for the suppression of gypsy moths in accordance with this section.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 927 | Nursery Stock; Plant Pests › Section 927.71 | Quarantine of Nursery Stock.

Effective:
July 17, 2009
Latest Legislation:
House Bill 1 - 128th General Assembly
(A) The director of agriculture, in accordance with Chapter 119. of the Revised Code, may quarantine:
(1) This state or any portion thereof when the director determines that such action is necessary to prevent or retard the spread of a pest into, within, or from this state;
(2) Any other state or portion thereof when the director determines that a pest exists therein and that such action is necessary to prevent or retard its spread into this state.
(B) The director may limit the application of a quarantine to the infested portions of the quarantined area and appropriate environs, to be known as the regulated area, and may, without further hearing, extend the regulated area to include additional portions of the quarantined area either:
(1) Upon publication of a notice to that effect in such newspapers in the quarantined area as the director may select;
(2) Upon written notice to those concerned.
(C) Following establishment of a quarantine, no person shall move any regulated article described in the quarantine, or move the pest against which the quarantine is established, within, from, into, or through this state contrary to rules adopted by the director without prior permission or order of the director.
(D) A rule may restrict the movement of a pest and any regulated article from the quarantined or regulated area in this state into or through other parts of this state or other states and from the quarantine or regulated area in other states into or through this state and may impose such inspection, disinfection, certification, permit, or other requirements as the director determines necessary to effectuate the purpose of sections 927.51 to 927.73 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 927 | Nursery Stock; Plant Pests › Section 927.72 | Violations of Nursery Stock Laws.

Effective:
November 18, 1969
Latest Legislation:
Senate Bill 387 - 108th General Assembly
(A) No person shall violate sections 927.51 to 927.71, inclusive, of the Revised Code, or any rule or regulation of the director of agriculture promulgated under such sections.
(B) The act, omission, or failure of any officer, agent, servant, or other individual acting for or employed by any person within the scope of his employment or office, shall be the act, omission, or failure of such person, as well as that of the officer, agent, servant, or other employee.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 927 | Nursery Stock; Plant Pests › Section 927.73 | Prosecution of Violations.

Effective:
November 18, 1969
Latest Legislation:
Senate Bill 387 - 108th General Assembly
(A) The director of agriculture or his authorized representative may prosecute any violation of sections 927.51 to 927.72, inclusive, of the Revised Code, in any court of competent jurisdiction.
(B) Upon request of the director, the prosecuting attorney of the county, or the prosecuting officer of any other political subdivision, in which any such prosecution is pending, shall aid in any investigation, prosecution, hearing, or trial had under sections 927.51 to 927.73, inclusive, of the Revised Code, and shall institute and prosecute such actions or proceedings for the enforcement of such sections and the punishment of all violations thereof as the director may request.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 927 | Nursery Stock; Plant Pests › Section 927.99 | Penalty.

Effective:
July 27, 1990
Latest Legislation:
House Bill 571 - 118th General Assembly
Whoever violates sections 927.51 to 927.72 of the Revised Code is guilty of a misdemeanor of the third degree on a first offense; on each subsequent offense, the person is guilty of a misdemeanor of the second degree.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 928 | Hemp and Hemp Products › Section 928.01 | Definitions.

Effective:
July 30, 2019
Latest Legislation:
Senate Bill 57 - 133rd General Assembly
As used in this chapter:
(A) "Cannabidiol" means the cannabidiol compound, containing a delta-9 tetrahydrocannabinol concentration of not more than three-tenths per cent, derived from hemp.
(B) "Cultivate" or "cultivating" means to plant, water, grow, fertilize, till, or harvest a plant or crop. "Cultivating" includes possessing or storing a plant or crop on a premises where the plant or crop was cultivated until transported to the first point of sale.
(C) "Hemp" means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths per cent on a dry weight basis.
(D) "Hemp cultivation license" means a license to cultivate hemp issued under section 928.02 of the Revised Code.
(E) "Hemp processing license" means a license to process hemp issued under section 928.02 of the Revised Code.
(F) "Hemp product" means any product, containing a delta-9 tetrahydrocannabinol concentration of not more than three-tenths per cent, that is made with hemp. "Hemp product" includes cosmetics, personal care products, dietary supplements or food intended for animal or human consumption, cloth, cordage, fiber, fuel, paint, paper, particleboard, and any other product containing one or more cannabinoids derived from hemp, including cannabidiol.
(G) "Marihuana" has the same meaning as in section 3719.01 of the Revised Code.
(H) "Medical marijuana" has the same meaning as in section 3796.01 of the Revised Code.
(I) "Process" or "processing" means converting hemp into a hemp product.
(J) "Delta-9 tetrahydrocannabinol" means the sum of the percentage by weight of tetrahydrocannabinolic acid multiplied by 0.877 plus the percentage by weight of delta-9 tetrahydrocannabinol.
(K) "University" means an institution of higher education as defined in section 3345.12 of the Revised Code and a private nonprofit institution with a certificate of authorization issued pursuant to Chapter 1713. of the Revised Code.
(L) "USDA" means the United States department of agriculture.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 928 | Hemp and Hemp Products › Section 928.02 | Regulation and Monitoring of Hemp Cultivation; Licensing.

Effective:
December 29, 2023
Latest Legislation:
Senate Bill 131 - 134th General Assembly
(A)(1) The director of agriculture shall establish a program to monitor and regulate hemp cultivation and processing in this state. Under the program, the director shall issue hemp cultivation licenses and hemp processing licenses in accordance with rules adopted under section 928.03 of the Revised Code.
(2) As authorized by the director, the department of agriculture or a university may cultivate or process hemp without a hemp cultivation license or hemp processing license for research purposes.
(B) Except as authorized under division (A)(2) or (E) of this section, any person that wishes to cultivate hemp shall apply for and obtain a hemp cultivation license from the director in accordance with rules adopted under section 928.03 of the Revised Code. Except as authorized under division (A)(2) or (E) of this section, any person that wishes to process hemp shall apply for and obtain a hemp processing license from the director in accordance with those rules. Such licenses are valid for three years unless earlier suspended or revoked by the director.
(C) The department, a university, or any person may, without a hemp cultivation license or hemp processing license, possess, buy, or sell hemp or a hemp product.
(D) Notwithstanding any other provision of the Revised Code to the contrary, the addition of hemp or a hemp product to any other product does not adulterate that other product.
(E) The director shall issue a hemp cultivation license or hemp processing license in accordance with Chapter 4796. of the Revised Code to an individual if either of the following applies:
(1) The individual holds the applicable license in another state.
(2) The individual has satisfactory work experience, a government certification, or a private certification as described in that chapter as a hemp cultivator or hemp processor in a state that does not issue the applicable license.
Last updated December 29, 2023 at 7:28 AM
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 928 | Hemp and Hemp Products › Section 928.04 | Licenses Required; Compliance.

Effective:
July 30, 2019
Latest Legislation:
Senate Bill 57 - 133rd General Assembly
(A) Except as authorized under division (A) (2) of section 928.02 of the Revised Code, no person shall cultivate hemp without a hemp cultivation license or process hemp without a hemp processing license issued by the director of agriculture under this chapter.
(B) No person who holds a hemp cultivation license or hemp processing license shall violate this chapter or rules adopted under it.
(C) No person subject to a corrective action plan issued by the director of agriculture under section 928.05 of the Revised Code shall fail to comply with the plan.
(D) No person shall transport hemp or a hemp product in violation of rules adopted under section 928.03 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 928 | Hemp and Hemp Products › Section 928.05 | Corrective Action Plans.

Effective:
July 30, 2019
Latest Legislation:
Senate Bill 57 - 133rd General Assembly
(A) The director of agriculture shall issue a corrective action plan to any person that the director determines has negligently violated section 928.04 of the Revised Code. The director shall include in the corrective action plan both of the following:
(1) A reasonable date by which the person shall correct the violation;
(2) A requirement that the person report to the director regarding the person's compliance with the requirements of this chapter, rules adopted under it, and the corrective action plan for two calendar years immediately following the date of the violation.
(B) If the director determines that a person negligently violated section 928.04 of the Revised Code three or more times in any five-year period, the director shall revoke the person's hemp cultivation license or hemp processing license, if any, and shall refuse to issue a hemp cultivation license or hemp processing license to that person for a period of five years beginning on the date that the director determines that the person committed the most recent violation.
(C) The director shall report a person who the director determines has violated section 928.04 of the Revised Code with a culpable mental state greater than negligence to the attorney general, the United States attorney general, and the applicable county prosecutor.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 928 | Hemp and Hemp Products › Section 928.06 | Hemp Program Fund.

Effective:
July 30, 2019
Latest Legislation:
Senate Bill 57 - 133rd General Assembly
There is hereby created in the state treasury the hemp program fund. The fund shall consist of all fees collected under rules adopted under section 928.03 of the Revised Code; money appropriated to the fund; and any other money received from gifts or federal grants. All investment earnings of the fund shall be credited to the fund. The director of agriculture shall use money in the fund to administer and enforce this chapter and rules adopted under it.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 928 | Hemp and Hemp Products › Section 928.07 | Authority of Director to Enter Property; Application for Warrant; Emergency Conditions; Injunction.

Effective:
July 30, 2019
Latest Legislation:
Senate Bill 57 - 133rd General Assembly
(A) The director of agriculture may enter at reasonable times upon any public or private property at which hemp is being cultivated or processed for the purpose of determining compliance with this chapter and rules adopted under it. The director may apply for and any judge of an appropriate court of record may issue a search warrant, necessary to achieve the purposes of this chapter within the court's territorial jurisdiction.
(B) (1) If the director determines that emergency conditions exist requiring immediate action necessary to protect public health or safety or the environment, the director may issue an order stating the existence of such conditions and requiring specific actions be taken to mitigate those conditions without providing prior notice or an adjudication hearing in accordance with Chapter 119. of the Revised Code.
(2) Any person to whom such an order is issued shall immediately comply with that order, and may apply to the director for an adjudication hearing. Upon receiving an application for an adjudication hearing, the director shall hold the hearing as soon as practicable and not later than thirty days after receipt of the application. On the basis of the hearing, the director shall continue the order in effect, revoke it, or modify it.
(C) In addition to any other available remedies, the director of agriculture, the attorney general, or a county prosecutor may apply to a court of common pleas in the county where any provision of section 928.04 of the Revised Code or an order issued under division (B) of this section is being violated for an injunction restraining any person from continuing the violation.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 928 | Hemp and Hemp Products › Section 928.99 | Violations; Penalties.

Effective:
July 30, 2019
Latest Legislation:
Senate Bill 57 - 133rd General Assembly
(A) Whoever recklessly violates section 928.04 of the Revised Code is guilty of the following:
(1) For a first offense, a minor misdemeanor ;
(2) For each subsequent offense, a misdemeanor of the fourth degree.
The court shall order an offender who is convicted of or pleads guilty to a third or subsequent offense ineligible to receive a hemp cultivation license or hemp processing license under this chapter. The court shall provide written notice of that order to the director of agriculture. Upon receipt of the notice, the director shall revoke any hemp cultivation license or hemp processing license that the offender holds and shall refuse to issue a hemp cultivation license or hemp processing license to the offender beginning on the date of the court order.
(B) The prosecuting attorney of the applicable county or the attorney general may prosecute an action under this section.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 929 | Agricultural Districts › Section 929.01 | Agricultural District Definitions.

Effective:
March 27, 2020
Latest Legislation:
House Bill 197 - 133rd General Assembly
As used in this chapter:
(A) "Agricultural production" means commercial aquaculture, algaculture meaning the farming of algae, apiculture, animal husbandry, or poultry husbandry; the production for a commercial purpose of timber, field crops, tobacco, fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees, flowers, or sod; the growth of timber for a noncommercial purpose if the land on which the timber is grown is contiguous to or part of a parcel of land under common ownership that is otherwise devoted exclusively to agricultural use; or any combination of such husbandry, production, or growth; and includes the processing, drying, storage, and marketing of agricultural products when those activities are conducted in conjunction with such husbandry, production, or growth.
"Agricultural production" includes conservation practices, provided that the tracts, lots, or parcels of land or portions thereof that are used for conservation practices comprise not more than twenty-five per cent of tracts, lots, or parcels of land that are otherwise devoted exclusively to agricultural use and for which an application is filed under section 929.02 of the Revised Code.
(B) "Withdrawal from an agricultural district" includes the explicit removal of land from an agricultural district, conversion of land in an agricultural district to use for purposes other than agricultural production, and withdrawal of land from a land retirement or conservation program to use for purposes other than agricultural production. Withdrawal from an agricultural district does not include land described in division (A)(3) of section 5713.30 of the Revised Code.
(C) "Conservation practice" has the same meaning as in section 5713.30 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 929 | Agricultural Districts › Section 929.04 | Defense to Civil Action for Nuisance.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) As used in this section, "agricultural activities" means common agricultural practices, including all of the following:
(1) The cultivation of crops or changing crop rotation;
(2) Raising of livestock or changing the species of livestock raised;
(3) Entering into and operating under a livestock contract;
(4) The storage and application of commercial fertilizer;
(5) The storage and application of manure;
(6) The storage and application of pesticides and other chemicals commonly used in agriculture;
(7) A change in corporate structure or ownership;
(8) An expansion, contraction, or change in operations;
(9) Any agricultural practice that is acceptable by local custom.
(B) In a civil action for nuisances involving agricultural activities, it is a complete defense if:
(1) The agricultural activities were conducted within an agricultural district or on land devoted exclusively to agricultural use in accordance with section 5713.30 of the Revised Code, or were conducted by a person pursuant to a lease agreement, written or otherwise;
(2) The agricultural activities were established prior to the plaintiff's activities or interest on which the action is based;
(3) The agricultural activities were not in conflict with federal, state, and local laws and rules relating to the alleged nuisance or were conducted in accordance with generally accepted agriculture practices.
The plaintiff may offer proof of a violation independently of proof of a violation or conviction by any public official.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 931 | Agricultural Security Areas › Section 931.01 | Definitions.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
As used in this chapter:
(A) "Agriculture" has the same meaning as in section 1.61 of the Revised Code.
(B) "Best management practices" means the engagement of agricultural production and management, including practices such as manure handling, tillage, forestry management, and similar practices, in a manner that is generally accepted in the agriculture industry and that is approved by any of the following:
(1) The United States department of agriculture;
(2) The natural resources conservation service in the United States department of agriculture;
(3) The department of agriculture;
(4) A soil and water conservation district established under Chapter 940. of the Revised Code;
(5) With respect to organic or sustainable production methods, a conservation professional whom the director of agriculture approves as having expertise in those methods.
(C) "Contiguous farmland" means any of the following:
(1) Geographically contiguous property used for agriculture;
(2) Noncontiguous property used for agriculture that is owned by one person and connected by a right-of-way that the person controls and to which the public does not have access;
(3) Two or more pieces of property used for agriculture that would be geographically contiguous 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.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 931 | Agricultural Security Areas › Section 931.04 | Approval to Operate Business or Establish Residence Within Area.

Effective:
July 18, 2008
Latest Legislation:
House Bill 289 - 127th General Assembly
(A) An owner of land that is enrolled in an agricultural security area may do either or both of the following:
(1) Request approval from each board of township trustees and each board of county commissioners that adopted a resolution approving the establishment of the agricultural security area to operate any business that does not impair the owner's ability to engage in agriculture and does not cause the land to become ineligible for valuation and assessment for real property tax purposes in accordance with its current agricultural use value under sections 5713.30 to 5713.38 of the Revised Code;
(2) Develop, authorize the development of, or, for the purpose of developing, transfer ownership of a portion of the owner's land within the agricultural security area for constructing or otherwise establishing a single-family residence for an individual who is related by consanguinity or by affinity to the owner. Not more than one such residence shall be constructed per each forty acres of the owner's land within the agricultural security area.
(B)(1) To obtain approval to operate a business under division (A)(1) of this section, a person shall send a written request, by certified mail, to each appropriate board of township trustees and each appropriate board of county commissioners. The request shall contain all of the following:
(a) A description of the proposed business;
(b) A description of the intended location of the business;
(c) A description of the intended size of the business;
(d) If applicable, a detailed description of any construction, renovation, or excavation that will occur for purposes of the proposed business.
(2) Not later than thirty days after receipt of a request under division (B)(1) of this section, a board shall adopt a resolution either approving or rejecting the request. If the board approves the request, the board shall send a copy of the resolution approving the request to each of the following not later than thirty days after adopting the resolution:
(a) The director of agriculture;
(b) Each appropriate county auditor;
(c) The person requesting the business.
(3) If all of the appropriate boards of township trustees and boards of county commissioners adopt a resolution approving the request to operate a business, the person making the request may establish the requested business.
(C) The amount of land that is used for either purpose authorized under division (A) of this section shall be included when determining if the acreage requirement established under division (B) of section 931.02 of the Revised Code is satisfied.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 931 | Agricultural Security Areas › Section 931.05 | Assistance to Owners Seeking Enrollment.

Effective:
May 18, 2005
Latest Legislation:
House Bill 414 - 125th General Assembly
Upon request, the director of agriculture or the director's authorized representative shall provide guidance and technical assistance to owners of land who are seeking enrollment in agricultural security areas and to boards of township trustees and boards of county commissioners who receive applications requesting the establishment of agricultural security areas.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 931 | Agricultural Security Areas › Section 931.06 | Renewal of Enrollment Prior to Expiration.

Effective:
May 18, 2005
Latest Legislation:
House Bill 414 - 125th General Assembly
Not later than one hundred eighty days prior to the expiration of an agricultural security area, an owner of land that is enrolled in the area may renew the enrollment. The procedures established under this chapter for the initial enrollment of land in an agricultural security area apply to the renewal of enrollment. In addition, all of the requirements governing initial enrollment apply to enrollment renewal.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 931 | Agricultural Security Areas › Section 931.08 | New Nonagricultural Development by Owners Prohibited.

Effective:
May 18, 2005
Latest Legislation:
House Bill 414 - 125th General Assembly
No owner of land that is enrolled in an agricultural security area shall fail to comply with the statement that the owner submitted under division (A)(3) of section 931.02 of the Revised Code that the owner will not initiate, approve, or finance any new development on the land for nonagricultural purposes.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 931 | Agricultural Security Areas › Section 931.09 | Annual Report by Director of Agriculture.

Effective:
May 18, 2005
Latest Legislation:
House Bill 414 - 125th General Assembly
The director of agriculture shall prepare and submit to the governor, the president of the senate, and the speaker of the house of representatives an annual report concerning agricultural security areas in the state. The report shall include information concerning the number of acres that are enrolled in agricultural security areas and their location and any tax exemptions granted under section 5709.28 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 931 | Agricultural Security Areas › Section 931.99 | Penalty.

Effective:
July 18, 2008
Latest Legislation:
House Bill 289 - 127th General Assembly
Whoever violates division (A)(2) of section 931.07 of the Revised Code or section 931.08 of the Revised Code shall be fined five hundred dollars for violation of each section. The clerk of the court that receives payment of the fine money shall forward half of the money to the board of township trustees of the township and half of the money to the board of county commissioners of the county in which the applicable agricultural security area is located.
In the case of an agricultural security area that is located in more than one township, the clerk shall divide half of the fine money in equal shares among the townships and shall forward the appropriate portion to each board of township trustees. In the case of an agricultural security area that is located in more than one county, the clerk shall divide half of the fine money in equal shares among the counties and shall forward the appropriate portion to each board of county commissioners.
A board of township trustees or a board of county commissioners may, but is not required to, use the fine money received under this section for farmland preservation purposes.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 935 | Possession of Wild Animals and Snakes › Section 935.011 | Defining Wild Animals and Restricted Snakes.

Effective:
September 5, 2012
Latest Legislation:
Senate Bill 310 - 129th General Assembly
The director of agriculture may recommend to the general assembly species of animals to be included in the definition of "dangerous wild animal" and species of snakes to be included in the definition of "restricted snake" in section 935.01 of the Revised Code. The director shall not add species of animals to be included in the definition of "dangerous wild animal" and species of snakes to be included in the definition of "restricted snake" without the approval of the General Assembly.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 935 | Possession of Wild Animals and Snakes › Section 935.02 | Possession of Dangerous Wild Animal Prohibited.

Effective:
September 5, 2012
Latest Legislation:
Senate Bill 310 - 129th General Assembly
(A) No person shall possess a dangerous wild animal on or after January 1, 2014.
(B)(1) Except as provided in divisions (G)(1) and (2) of section 935.06 of the Revised Code, no person shall acquire, buy, sell, trade, or transfer possession or ownership of a dangerous wild animal on or after the effective date of this section.
(2) Notwithstanding division (B)(1) of this section, a person that operates a rescue facility may acquire, except by purchase, possession or ownership of a dangerous wild animal if one of the following applies:
(a) Prior to January 1, 2014, the person is authorized to do so by the director of agriculture in accordance with procedures adopted by the director.
(b) On or after January 1, 2014, the person has obtained a rescue facility permit under section 935.101 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 935 | Possession of Wild Animals and Snakes › Section 935.04 | Registration of Dangerous Wild Animals.

Effective:
September 5, 2012
Latest Legislation:
Senate Bill 310 - 129th General Assembly
(A) A person that possesses a dangerous wild animal on the effective date of this section shall register the animal with the director of agriculture in accordance with this section not later than sixty days after the effective date of this section.
(B) A person shall register a dangerous wild animal on a form prescribed and provided by the director. The form shall include all of the following:
(1) The name, address, social security number, and federal employer identification number, if applicable, of the person registering the dangerous wild animal;
(2) If different from the information provided under division (B)(1) of this section, the name and address of the location where the dangerous wild animal is confined;
(3) A description of the dangerous wild animal, including the scientific and common names of the animal, the name that the person has given the animal, the animal's sex, age, color, and weight, and any distinguishing marks or coloration that would aid in the identification of the animal;
(4) The name, address, and telephone number of the veterinarian that provides veterinary care to the dangerous wild animal;
(5) Any other information required by the director in rules.
(C) Beginning ninety days after the director adopts rules under division (A) of section 935.17 of the Revised Code, a person that has registered a dangerous wild animal under this section shall comply with the applicable requirements regarding the care and housing of dangerous wild animals established in those rules.
(D) A person that registers a dangerous wild animal under this section shall have permanently implanted in the dangerous wild animal a microchip at the time of registration. The microchip shall have an identification number that is unique to the microchip. In addition, the microchip shall contain a passive integrated transponder, which shall have a frequency of one hundred twenty-five, one hundred thirty-four and two-tenths, or four hundred kilohertz.
(E) A person that possesses a registered dangerous wild animal on October 1, 2013, and that wishes to continue to possess the dangerous wild animal on and after January 1, 2014, shall obtain a wildlife shelter permit issued under section 935.06 of the Revised Code or a wildlife propagation permit issued under section 935.07 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 935 | Possession of Wild Animals and Snakes › Section 935.041 | Registration of Certain Marmosets, Monkeys, Capuchins and Lemurs.

Effective:
September 5, 2012
Latest Legislation:
Senate Bill 310 - 129th General Assembly
A person that possesses any of the following animals shall register the animal in the same manner as provided in section 935.04 of the Revised Code:
(A) Pygmy, white-tufted-ear, silvery, and black-pencilled marmosets;
(B) Squirrel monkeys;
(C) Brown, white-faced, weeping, and white-fronted capuchins;
(D) Lemurs.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 935 | Possession of Wild Animals and Snakes › Section 935.07 | Wildlife Propagation Permit.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) A person that possesses a registered dangerous wild animal in this state on October 1, 2013, that wishes to continue to possess the dangerous wild animal on and after January 1, 2014, and that intends to propagate the animal solely for the purposes of a species survival program that complies with rules shall apply for a wildlife propagation permit under this section. An applicant need apply for only one permit regardless of the number of dangerous wild animals that the applicant possesses.
(B) Except as otherwise provided in this section, an applicant for a wildlife propagation permit shall comply with the requirements and procedures established in sections 935.05 and 935.06 of the Revised Code. The application fee for a wildlife propagation permit shall be one of the following, as applicable:
(1) One thousand dollars if the applicant possesses not more than fifty dangerous wild animals;
(2) Three thousand dollars if the applicant possesses more than fifty dangerous wild animals.
(C) The facility at which a dangerous wild animal or dangerous wild animals will be maintained under a wildlife propagation permit shall consist of at least two acres. Division (C) of this section does not apply to either of the following:
(1) Dangerous wild animals specified in division (C)(20) of section 935.01 of the Revised Code;
(2) An applicant to whom the director of agriculture issues a written waiver stating that the acreage requirement does not apply to the applicant.
(D) All fees collected under this section shall be credited to the dangerous and restricted animal fund created in section 935.25 of the Revised Code.
(E) Division (A)(4) of section 935.06 of the Revised Code does not apply to an applicant for a wildlife propagation permit.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 935 | Possession of Wild Animals and Snakes › Section 935.10 | Restricted Snake Propagation Permit.

Effective:
September 5, 2012
Latest Legislation:
Senate Bill 310 - 129th General Assembly
(A)(1) A person that possesses a restricted snake in this state prior to January 1, 2014, that wishes to continue to possess the restricted snake on and after that date, and that intends to propagate, sell, trade, or otherwise transfer the snake shall obtain a restricted snake propagation permit under this section not later than January 1, 2014.
(2) A person that acquires a restricted snake in this state on or after January 1, 2014, and that intends to propagate, sell, trade, or otherwise transfer the snake shall obtain a restricted snake propagation permit under this section not later than one hundred twenty days after acquiring the snake.
(3) An applicant need apply for only one permit regardless of the number of restricted snakes that the applicant possesses.
(B) Except as otherwise provided in this section, an applicant for a restricted snake propagation permit shall comply with the requirements and procedures established in sections 935.08 and 935.09 of the Revised Code. The application fee for a restricted snake propagation permit shall be three hundred dollars.
(C) If a permit application is denied, one hundred fifty dollars of the permit application fee shall be retained by the director of agriculture as payment for the reasonable expense of processing the application, and the remainder of the fee shall be returned to the applicant.
(D) All fees collected under this section shall be credited to the dangerous and restricted animal fund created in section 935.25 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 935 | Possession of Wild Animals and Snakes › Section 935.101 | Rescue Facility Permit.

Effective:
September 5, 2012
Latest Legislation:
Senate Bill 310 - 129th General Assembly
(A)(1) In lieu of obtaining any other permit under this chapter, a person that operates a rescue facility in this state prior to January 1, 2014, and that wishes to continue to operate a rescue facility on and after that date shall obtain a rescue facility permit under this section not later than January 1, 2014.
(2) A person that wishes to begin operation of a rescue facility in this state on or after January 1, 2014, shall obtain a rescue facility permit under this section not later than sixty days prior to beginning operation.
(B)(1) An applicant for a rescue facility permit shall file an application for a permit with the director of agriculture on a form prescribed and provided by the director. The application shall include information that the director requires in rules.
(2) An applicant for a rescue facility permit shall submit one of the following fees, as applicable, with an application:
(a) Five hundred dollars if the applicant possesses not more than three dangerous wild animals;
(b) One thousand dollars if the applicant possesses at least four, but not more than fifteen dangerous wild animals;
(c) Two thousand dollars if the applicant possesses sixteen or more dangerous wild animals.
(3) If a permit application is denied, two hundred fifty dollars of the application fee shall be retained by the director as payment for the reasonable expense of processing the application and the remainder of the fee shall be returned to the applicant.
(C) The director shall issue or deny a rescue facility permit in accordance with rules. The director shall issue a rescue facility permit only if the dangerous wild animal or animals that are or are to be possessed by an applicant are sterilized.
(D) A person that has been issued a rescue facility permit under this section shall comply with the requirements regarding the care and housing of dangerous wild animals established in rules adopted under division (G) of section 935.17 of the Revised Code.
(E) A person that has been issued a rescue facility permit under this section may acquire, except by purchase, possession or ownership of a dangerous wild animal.