reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 901:10 - Livestock Environmental Permitting › Chapter 901:10-4 - General Permits to Operate › Section 901:10-4-02 - General permit to operate coverage

Current through all regulations passed and filed through July 1, 2024
(A) A general permit to operate as described
			 in rule
			 901:10-4-01
			 of the Administrative Code is issued by the director for a category of
			 facilities located at multiple sites.
(B) Each person eligible for a general permit
			 to operate shall follow the requirements in rule
			 901:10-4-03
			 of the Administrative Code.
(C)
			 Upon issuance of a general permit to operate and issuance of an individual
			 certificate of coverage, the individual permit to operate shall be terminated.
			 All previous permits issued to a facility that can be covered by a general
			 permit to operate are revoked upon request of the owner or operator,
			 termination of the individual permit and issuance of the certification of
			 coverage.
(D) Any person covered
			 under a general permit to operate may choose to pursue an individual permit for
			 any facility covered by this rule.
R.C.
				119.032 review dates:
				03/21/2014 and
				03/21/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 903.10
Rule
				Amplifies: 903.10
Prior
				Effective Dates: 7/2/2002
Ohio Administrative Code › Title 901:10 - Livestock Environmental Permitting › Chapter 901:10-4 - General Permits to Operate › Section 901:10-4-03 - Notification of coverage

Current through all regulations passed and filed through July 1, 2024
(A) An
			 owner or operator requesting to be covered by a general permit to operate shall
			 submit a notice of intent.
(B)
			 Notices of intent shall be filed on forms approved by the director and, where
			 applicable to a NPDES operation, shall be considered and processed as an
			 application for coverage under a NPDES permit.
(C) Notices of intent shall contain:
(1) The general permit to operate category
			 under which the applicant requests to be covered;
(2) Name, address, telephone number, contact
			 person and title of owner or operator;
(3) Location, including the latitude and
			 longitude of the production area (entrance to production area);
(4) Topographic map of the geographic area in
			 which the facility is located showing the specific location of the production
			 area;
(5) Specific information
			 about the number and type of animals, whether in open confinement or housed
			 under roof (beef cattle, broilers, layers, swine weighing fifty-five pounds or
			 more, swine weighing less than fifty-five pounds, mature dairy cows, dairy
			 heifers, veal calves, sheep and lambs, horses, ducks, turkeys,
			 other);
(6) The type of manure
			 storage or treatment facility (anaerobic lagoon, fabricated structure, manure
			 storage ponds, underfloor pits, above ground storage tanks, below ground tanks,
			 concrete pad, impervious soil pad, other) and total capacity for manure
			 (tons/gallons);
(7) The total
			 number of acres under control of the applicant available for land application
			 of manure;
(8) Estimated amounts of
			 manure generated per year (tons/gallons);
(9) Estimated amounts of manure transferred
			 to other persons per year (tons/gallons);
(10) Identification of the permit to install
			 number, if any;
(11) A manure
			 management plan that complies with the requirements of rules
			 901:10-2-08
			 to
			 901:10-2-11,
			 901:10-2-13
			 to
			 901:10-2-16
			 and rule
			 901:10-2-18
			 of the Administrative Code, and any applicable provisions in rules
			 901:10-3-02
			 to
			 901:10-3-11
			 of the Administrative Code;
(12)
			 The name of the receiving water(s);
(13) Any other information deemed necessary
			 by the director found in the general permit to operate form; and,
(14) Any other information deemed necessary
			 to complete the notice of intent or clarify, modify, or supplement previously
			 submitted material.
Ohio Administrative Code › Title 901:10 - Livestock Environmental Permitting › Chapter 901:10-4 - General Permits to Operate › Section 901:10-4-04 - Criteria for issuing and renewing NPDES general permit to operate

Current through all regulations passed and filed through July 1, 2024
(A) Criteria for
			 issuing and renewing a general NPDES permit to operate.
(1) If, on the basis of all information
			 available, the director determines that:
(a)
			 Discharges, if any, authorized by a general NPDES permit to operate will have
			 only minimal adverse effects on the environment;
(b) The activities authorized by an
			 individual NPDES permit are more appropriately authorized by a NPDES general
			 permit to operate than an individual permit; and
(c) Adequate monitoring to obtain required
			 information is provided; then
(d)
			 The director shall issue a NPDES general permit to operate.
Ohio Administrative Code › Title 901:10 - Livestock Environmental Permitting › Chapter 901:10-4 - General Permits to Operate › Section 901:10-4-05 - General operating permit

Current through all regulations passed and filed through July 1, 2024
A general permit to operate shall be effective from the date of
				issuance for a fixed term not to exceed five years. Holders of certificates of
				coverage under this permit shall comply with the following specified conditions
				and limitations.
(A) Applicability.
			 "Concentrated animal feeding operation" or "CAFO" has the same meaning as
			 division (F) of section
			 903.01 of the Revised Code and
			 refers to those operations that are subject to the federally enforceable
			 provisions of a permit into which NPDES requirements have been incorporated.
			 "Concentrated animal feeding facilities" or "facilities" have the same meaning
			 as division (E) of section
			 903.01 of the Revised Code and
			 refer to those facilities that are subject to permits to operate. With respect
			 to NPDES operations, the following requirements also apply to and are
			 enforceable pursuant to the Act and to the extent authorized by federal law:
(1) The information required for NPDES
			 permits in rule
			 901:10-1-02
			 of the Administrative Code;
(2) The
			 information required in rule
			 901:10-3-01
			 of the Administrative Code except where general NPDES permits are specifically
			 excluded;
(3) A manure management
			 plan that complies with the requirements of rules
			 901:10-2-08
			 to
			 901:10-2-11,
			 901:10-2-13
			 to
			 901:10-2-16
			 and rule
			 901:10-2-18
			 of the Administrative Code;
(4)
			 Inspections required in rule
			 901:10-2-08
			 of the Administrative Code;
(5) An
			 operating record developed in accordance with rule
			 901:10-2-16
			 of the Administrative Code with the use of forms prescribed by the director and
			 other forms selected by the owner or operator for the facility and approved by
			 the director. The operating record shall be maintained at the site office at
			 all times. Upon approval of the NPDES permit, the operating record shall be
			 deemed part of the NPDES permit;
(6) An emergency response plan containing the
			 information required in rule
			 901:10-2-17
			 of the Administrative Code; and
(7)
			 An annual report required in rule
			 901:10-2-20 of the
			 Administrative Code.
Ohio Administrative Code › Title 901:10 - Livestock Environmental Permitting › Chapter 901:10-5 - Enforcement › Section 901:10-5-01 - Complaints

Current through all regulations passed and filed through July 1, 2024
(A) A person may
			 submit a complaint to the director of the Ohio department of agriculture
			 related to a concentrated animal feeding facility or to a discharge from an
			 animal feeding operation, as defined in
			 40
			 CFR 122.23
								(2012).
(B) The complaint may be made orally or in
			 writing.
(1) Complaint in writing: If the
			 complaint is made in writing, the person making the complaint must sign and
			 date the complaint. In addition, the following shall be included:
(a) The address of the facility.
(b) A description of the nature of the
			 complaint.
Ohio Administrative Code › Title 901:10 - Livestock Environmental Permitting › Chapter 901:10-5 - Enforcement › Section 901:10-5-02 - Right to enter property for investigations and inspections

Current through all regulations passed and filed through July 1, 2024
(A) Investigations and inspections.
(1) The director at reasonable times has the
			 authority to enter the premises of an applicant for permit or the permit
			 premises to make investigations and inspections including, but not limited to,
			 the sampling of discharges and the inspection of discharge monitoring
			 equipment, or to otherwise execute duties that are necessary for the
			 administration and enforcement of this chapter.
(2) The director at reasonable times may
			 examine and copy any records pertaining to discharges that are subject to rule
			 or any records that are required to be maintained by the terms and conditions
			 of a permit.
(3) If refused entry, the director may apply
			 for and the court of common pleas having jurisdiction may issue an appropriate
			 warrant.
(4) Any person to whom a
			 permit  has
			 been issued is prohibited from refusing entry to the director or purposely
			 hindering the director in the exercise of any authority granted as described in
			 this rule.
Ohio Administrative Code › Title 901:10 - Livestock Environmental Permitting › Chapter 901:10-5 - Enforcement › Section 901:10-5-03 - Enforcement procedures

Current through all regulations passed and filed through July 1, 2024
(A)
			 Applicability.
This rule applies to concentrated
				animal feeding operations, concentrated animal feeding facilities, and major
				concentrated animal feeding facilities.
(B) An agent or employee of the department
			 shall conduct inspections and determine if the owner or operator is not in
			 compliance with section
			 903.02,
			 903.03, or
			 903.04 or division (A) of
			 section 903.07 of the Revised Code, the
			 terms and conditions of a permit to install
								or a permit to
			 operate 
			 issued for the facility, including the requirements established under division
			 (C) of section 903.06, of the Revised Code,
			 division (B) of section
			 903.08 of the Revised Code, or
			 paragraph (D) of rule
			 901:10-1-10 of the
			 Administrative Code, the terms and conditions of a NPDES permit, the NPDES
			 provisions of a permit to operate, or rules adopted under division (A), (B),
			 (C), (D), (E), (F), or (J) of section
			 903.10 of the Revised Code.
			 Violations shall be described in an inspection report.
(C) Upon observation by an agent or employee
			 of the department during an inspection, through notification by another agency
			 or through a written complaint from a person, the director will initiate an
			 investigation in order to determine if there is a violation of Chapter 903. of
			 the Revised Code and the rules adopted thereunder. Violations shall be
			 described in an inspection report.
(D) If the inspection report indicates a
			 violation, the director shall do the following:
(1) Evaluate the facts established by the
			 inspection report.
(2)
Commence
				enforcement action commensurate with the nature and degree of the violation and
				consistent with the requirements of sections
				903.16,
				903.17, and
				903.99 of the Revised
				Code.
Ohio Administrative Code › Title 901:10 - Livestock Environmental Permitting › Chapter 901:10-5 - Enforcement › Section 901:10-5-04 - Civil penalties

Current through all regulations passed and filed through July 1, 2024
(A)
			 Civil penalty rules applicability.
For purposes of this rule,
				facility means concentrated animal feeding operations, concentrated animal
				feeding facilities, and major concentrated animal feeding facilities.
(B) Consolidation.
Each and every day of violation
				of any rule or statute of Chapter 903. of the Revised Code is a separate and
				distinct offense, and in cases of continuing violations, each day's continuance
				is a separate and distinct violation unless otherwise determined by the
				department or unless the violations are of division (C) of section
				903.06 or division (A) of
				section 903.07 of the Revised Code.
				Proceedings for the assessment of multiple civil penalties for multiple
				violations against an owner or operator may be consolidated into a single
				proceeding.
(C) Hearing
			 procedures.
All adjudication hearings
				concerning violations cited in accordance with section
				903.16 and section
				903.17 of the Revised Code shall
				be conducted in accordance with Chapter 119. of the Revised Code. The director
				may consider the factors listed in paragraph (D)(1) of this rule in the
				adjudication hearing as presented by the parties.
(D) Civil penalty assessment.
The amount of a civil penalty shall be determined by the
				reasonable exercise of the director's discretion in considering the following
				factors
(1) The economic benefit (if
			 any) resulting from the violation.
(2) The economic impact on the violator.
Comment: In considering economic impact, the director may
				consider such factors as cost of repairs, construction, installation including,
				but not limited to, installation of equipment, monitoring devices and related
				operational costs.
(3) Acts
			 of nature or acts of third parties that resulted in or contributed to
			 violations.
(4) Any history of such
			 violations, including recalcitrance resulting in costs incurred by the director
			 to enforce any previously issued final orders of the director.
(5) Any good-faith efforts to comply with
			 applicable requirements.
(6) Any
			 supplemental environmental projects that may be undertaken by the owner or
			 operator to off-set some of the amount of civil penalty payable to the
			 livestock management fund if the director finds that any project may enhance
			 the owner's or the operator's compliance by undertaking a project that is
			 beyond any work or activities required by law or if the director agrees that
			 any proposed supplemental environmental projects will enhance the
			 environment.
(7) The seriousness or
			 magnitude of the violation or violations.
(8) The gravity of effect of the violation or
			 violations.
(9) Such other matters
			 as justice requires.
Ohio Administrative Code › Title 901:10 - Livestock Environmental Permitting › Chapter 901:10-5 - Enforcement › Section 901:10-5-05 - Emergency enforcement and cost recovery

Current through all regulations passed and filed through July 1, 2024
(A) If the director determines that an
			 emergency exists requiring immediate action to protect the public health or
			 safety or the environment, the director may issue an order without notice or
			 adjudication hearing stating the existence of the emergency and requiring that
			 action be taken that is necessary to meet the emergency. The order shall take
			 effect immediately. A person to whom the order is directed shall comply
			 immediately. A danger to public health, safety or the environment may include,
			 but is not necessarily limited to, the following situations:
(1) When discharge threatens public or
			 private drinking water supplies;
(2) When discharge threatens waters of the
			 state;
(3) When the discharge
			 directly causes flooding of residential housing, commercial property or
			 industrial property, where direct use of the property would be hazardous to
			 public health; and/or
(4) Other
			 situations as determined by the director upon consultation with state and/or
			 local environmental protection or health agencies.
Ohio Administrative Code › Title 901:10 - Livestock Environmental Permitting › Chapter 901:10-6 - Public Notice and Information › Section 901:10-6-01 - Notice

Current through all regulations passed and filed through July 1, 2024
(A) Notice by
			 publication.
(1) Notices in general. All
			 notices required or authorized by section
			 903.09 of the Revised Code shall
			 be published once in a newspaper having general circulation in the county in
			 which the facility is located or proposed to be located. Publication shall be
			 done at least thirty days prior to a public meeting, provided that publication
			 shall be done at least forty-five days prior to a public meeting for any draft
			 permit to install or draft NPDES permit subject to an antidegradation review.
			 Public notice is complete upon publication.
Public notice
				will be given for any draft general permit to be issued by the director. Since
				general permits are written to cover categories of discharges within a
				geographic or political area, the director may give one or more notices in
				newspapers of general circulation for those geographic or political areas
				identified in the general permit.
(2) Additional requirements for
			 NPDES information. The department shall publish a public notice within thirty
			 days regarding receipt of a NPDES permit application and permit to install for
			 which an antidegradation review is applicable. The
purpose of public
				notice for a draft permit to install and a draft NPDES permit for which an
				antidegradation review is applicable shall be: to inform other potentially
				affected persons; to allow for inspection and review of the applications; to
				indicate whether any of the exclusions or waivers within the antidegradation
				rules apply to the applications; to instruct interested persons to contact the
				director within thirty days if they want to be on the interested parties
				mailing list as described in rule
				901:10-6-05 of
				the Administrative Code for that particular permit to install or NPDES permit
				application; and to advertise the date, time, and place of any public meeting
				required under division (C) of section
				903.09 of the Revised
				Code.
(3) The department
			 shall give public notice of the issuance of a review compliance certificate
			 issued pursuant to division (F) of section
			 903.04 of the Revised Code only
			 to persons who own property that is contiguous to the facility for which the
			 review compliance certificate is issued.
(4) The director shall publish notice of the
			 issuance of a final permit once in a newspaper of general circulation in the
			 county in which the facility is located.
(5) The director shall give public notice of
			 the proposed action to deny, suspend, or revoke a permit to install, permit to
			 operate, or NPDES permit, or for any actions pursuant to section
			 903.17 of the Revised
			 Code.
Ohio Administrative Code › Title 901:10 - Livestock Environmental Permitting › Chapter 901:10-6 - Public Notice and Information › Section 901:10-6-03 - Coordination of federal water pollution control act permit program with agencies of the United States

Current through all regulations passed and filed through July 1, 2024
(A)
			 Upon the director's issuance of a draft permit for an application to issue or
			 modify a permit, the department shall transmit by certified mail a copy of the
			 permit application and the draft NPDES permit to the regional administrator of
			 the United States environmental protection agency, unless by written agreement
			 the regional administrator has waived the right to receive, review, object, or
			 comment upon a draft permit. If the regional administrator makes timely
			 objection in writing to the issuance of the NPDES permit as being outside the
			 requirements of the Federal Water Pollution Control Act, the permit shall not
			 become final. The director may issue an amended draft permit after
			 consideration of written comments or recommendations of the regional
			 administrator, or may withdraw a draft permit.
(1) The director shall also transmit to the
			 regional administrator of the United States environmental protection agency a
			 copy of any significant comments presented in writing pursuant to the public
			 notice of a draft permit and a summary of any significant comments presented at
			 any public meeting on any permit if:
(a) The
			 regional administrator requests this information;
(b) The proposed permit contains requirements
			 significantly different from those contained in the draft permit; or
(c) Significant comments objecting to the
			 draft permit have been presented at the public meeting or in writing pursuant
			 to the public notice. This does not apply to permits which by written agreement
			 the regional administrator has waived the right to review and for which the
			 United States environmental protection agency has not otherwise requested a
			 receipt.
Ohio Administrative Code › Title 901:10 - Livestock Environmental Permitting › Chapter 901:10-6 - Public Notice and Information › Section 901:10-6-04 - Public meetings; close of the public comment period

Current through all regulations passed and filed through July 1, 2024
(A) Not later than thirty days after public
			 notice of a draft permit, draft permit modification, or a proposed action to
			 deny, suspend, or revoke a permit, any person may file a request for a public
			 meeting. This paragraph does not apply to amended draft actions or to a NPDES
			 permit application where an antidegradation review is required.
(B) Public meetings and antidegradation
			 review and NPDES permits.
(1) Within ninety
			 days of receipt of the application for any permit to install with a NPDES
			 permit, the director shall hold a public meeting where an antidegradation
			 review is required for any category three wetland, a designated outstanding
			 national resource water, outstanding high quality water, state resource water
			 or superior high quality water. The public meeting shall be for the purpose of
			 evaluating issues related to lower water quality.
(2) Within ninety days of receipt of the
			 application, the director shall hold a public meeting for any permit to install
			 application and any NPDES permit application where the application indicates
			 that an antidegradation review is required for general high quality waters
			 other than category three wetlands and for limited quality waters, and the
			 director also determines that there is significant public interest. This
			 meeting is held concurrently with the meeting for the draft permit.
Ohio Administrative Code › Title 901:10 - Livestock Environmental Permitting › Chapter 901:10-6 - Public Notice and Information › Section 901:10-6-05 - NPDES fact sheets

Current through all regulations passed and filed through July 1, 2024
(A) A
			 fact sheet shall be prepared prior to issuance of a draft NPDES permit and
			 NPDES permit modifications. The fact sheet shall include such information as
			 may be required by federal statute or rule and may also include such additional
			 information as the department deems desirable.
(B) The department shall maintain a mailing
			 list of persons or groups requesting fact sheets and of persons or
			 organizations who have expressed an interest in or may, by the nature of their
			 purposes, their activities or their members, be affected by or have an interest
			 in obtaining fact sheets for any of the following:
(1) Any specified NPDES permits under section
			 903.08 of the Revised Code;
(2) Any antidegradation reviews
			 associated with NPDES permits; and
(3) Any specified proceedings relating to
			 applications for the specified NPDES permits or any antidegradation reviews or
			 additional copies of fact sheets prepared, or other information desired.
Ohio Administrative Code › Title 901:10 - Livestock Environmental Permitting › Chapter 901:10-6 - Public Notice and Information › Section 901:10-6-06 - Public information

Current through all regulations passed and filed through July 1, 2024
(A) The
			 department shall maintain a mailing list of persons or groups interested in
			 receiving copies of fact sheets as described in paragraph (B) of rule
			 901:10-6-05 of
			 the Administrative Code, and public meeting notices issued or renewed in
			 accordance with rules
			 901:10-6-01 and
			 901:10-6-02
			 of the Administrative Code. Persons interested in subscribing to the mailing
			 list shall notify the director in writing and the director may assess fees to
			 reflect the costs of copying and mailing to subscribers. In the alternative,
			 the department may develop electronic methods to distribute the information
			 described in this paragraph. The director may update the mailing list from time
			 to time by requesting written indication of continued interest from those
			 listed. The director may delete from the list the name of any person who fails
			 to respond to such a request.
(B)
			 The department shall develop a mailing list by:
(1) Including those persons who request in
			 writing to be on the list;
(2)
			 Soliciting persons for "area lists" from participants in past permit
			 proceedings in that area; and
(3)
			 Notifying the public of the opportunity to be put on the mailing list through
			 periodic publication in the public press and in such publications as regional
			 and state funded newsletters, environmental and agricultural bulletins or state
			 law journals.
Replaces: 901:10-6-06
Ohio Administrative Code › Title 901:11 - Dairy › Chapter 901:11-1 - Ohio Grade A Milk Rules › Section 901:11-1-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
As used in divisions 901:3 and 901:11 of the Administrative Code
				and the materials incorporated under rule
				901:11-1-02
				of the Administrative Code:
(A)
			 "Director" means the director of agriculture or an official, employee, or
			 contractor of the department of agriculture designated by the director of
			 agriculture.
(B) "Drug" means:
(1) Articles recognized in the official
			 "United States Pharmacopoeia," "Official Homeopathic Pharmacopoeia of the
			 United States," or "Official National Formulary," or any supplement to any of
			 them;
(2) Articles intended for use
			 in the diagnosis, cure, mitigation, treatment, or prevention of disease in man
			 or other animals;
(3) Articles
			 (other than food) intended to affect the structure or any function of the body
			 of man or other animals; and,
(4)
			 Articles intended for use as a component of any articles specified in paragraph
			 (B)(1), (B)(2), or (B)(3) of this rule, but does not include devices or
			 the
			 components, parts, or accessories.
Ohio Administrative Code › Title 901:11 - Dairy › Chapter 901:11-1 - Ohio Grade A Milk Rules › Section 901:11-1-02 - Materials incorporated by reference

Current through all regulations passed and filed through July 1, 2024
(A) Sections 1 to 14 and appendices B to T of
			 the PMO, except as deleted or amended in this chapter, are adopted as rules of
			 the department of agriculture, state of Ohio, and incorporated into this
			 chapter by reference.
(B) Whenever
			 used in the materials incorporated into this chapter under paragraph (A) of
			 this rule:
(1) Ellipsis shall
			 refer to the "State of Ohio";
(2) "Ordinance" shall
			 be read as "rule";
(3) "Regulatory agency"
			 shall be read as "department of agriculture, State of Ohio";
(4)
			 "Section 3" shall be read as "rule
			 901:11-1-04 of the
			 Administrative Code"; and,
(5) "Permit" or
			 "permits," when used as a noun, shall be read as "license" or
			 "licenses."
Ohio Administrative Code › Title 901:11 - Dairy › Chapter 901:11-1 - Ohio Grade A Milk Rules › Section 901:11-1-03 - Materials deleted from the PMO

Current through all regulations passed and filed through July 1, 2024
(A) The following components of the PMO are
			 deleted:
(1) In Section 1. Definitions,
			 paragraph YY, "Regulatory Agency," is deleted in its entirety;
(2) In Section 2. "Adulterated or Misbranded
			 Milk or Milk Products," "Administrative Procedures" and its following "Note" is
			 deleted in its entirety;
(3)
			 Section 3. "Permits", is deleted in its entirety.
(4) In Section 5. "Inspection of Dairy Farms
			 and Milk Plants," "Certified Industry Inspection" is deleted in its
			 entirety;
(5) In Section 7.
			 "Standards for Grade "A" Milk and/or Milk Products," the paragraphs titled
			 "Public Health Reasons" contained in items 1r. to 19r. and items 1p. to 22p.
			 are deleted in their entirety;
(6)
			 In Section 8. "Animal Health," "Public Health Reason" is deleted in its
			 entirety;
(7) In Appendix N.
			 "Drug Residue Testing and Farm Surveillance," "Enforcement: Penalties for
			 Confirmed Positive Milk" is deleted in its entirety.
(8) The words "(Refer
			 to Appendix A.)" are deleted in their entirety.
Ohio Administrative Code › Title 901:11 - Dairy › Chapter 901:11-1 - Ohio Grade A Milk Rules › Section 901:11-1-04 - License; registration; license or registration fees; milk inspection fees

Current through all regulations passed and filed through July 1, 2024
(A) No person located in Ohio shall act as or
			 hold the person's self out as a producer; processor; milk dealer; or raw milk
			 retailer; unless the person holds a valid license or registration issued by the
			 director under section
			 917.09
			 of the Revised Code and this rule.
(B) A person whose religion prohibits the
			 person from obtaining a license under this rule, in place of a license, shall
			 register with the director as a producer; processor; milk dealer; raw milk
			 retailer; milk hauler; or weigher, sampler, or tester. The registrant shall
			 submit a religious exemption certificate with the application for each desired
			 registration type. A registrant is subject to all provisions governing
			 licensees such as provisions concerning testing, sampling and inspection of
			 dairy products. A registrant is subject to provisions governing issuance of a
			 temporary weigher, sampler, or tester license. A registration shall be
			 suspended, revoked and canceled under the same terms as a license.
(C) The director shall issue a license or
			 registration for each application upon a determination that the applicant is in
			 compliance with sections
			 917.01
			 to
			 917.23
			 of the Revised Code and rules adopted thereunder of the Administrative
			 Code.
(D) The director has
			 determined the following categories for each license or registration type to be
			 as follows:
(1) Producer
(a) Grade A bulk milk producer (milking
			 cows)
(b) Grade A can milk producer
			 (milking cows)
(c) Grade A bulk
			 milk producer (milking goats)
(d)
			 Grade A can milk producer (milking goats)
(e) Grade A bulk milk producer (milking
			 sheep)
(f) Grade A can milk
			 producer (milking sheep)
(g)
			 Manufacture bulk milk producer (milking cows)
(h) Manufacture can milk producer (milking
			 cows)
(i) Manufacture bulk milk
			 producer (milking goats)
(j)
			 Manufacture can milk producer (milking goats)
(k) Manufacture bulk milk producer (milking
			 sheep)
(l) Manufacture can milk
			 producer (milking sheep)
(m) Grade
			 A bulk milk producer (other hooved animals)
(n) Grade A can milk producer (other hooved
			 animals)
(o) Manufacture bulk milk
			 producer (other hooved animals)
(p)
			 Manufacture can milk producer (other hooved animals)
Ohio Administrative Code › Title 901:11 - Dairy › Chapter 901:11-1 - Ohio Grade A Milk Rules › Section 901:11-1-05 - Amendments to the PMO

Current through all regulations passed and filed through July 1, 2024
(A) Section 5. "Inspection of Dairy Farms and
			 Milk Plants" is amended as follows:
The words "the
				Regulatory Agency shall" wherever used in the section shall be amended to read
				"the Regulatory Agency may."
(B) Section 6. "The Examination of Milk
			 and/or Milk Products" is amended as follows:
(1) In the sixth paragraph of Section 6. the
			 word "shall" is amended to read "may."
(2) In the seventh paragraph of Section 6.
			 the word "shall" is amended to read "may."
(3) In the eighth paragraph of Section 6. the
			 words "shall be collected by the Regulatory Agency" shall be amended to read
			 "may be collected by the Regulatory Agency."
Ohio Administrative Code › Title 901:11 - Dairy › Chapter 901:11-1 - Ohio Grade A Milk Rules › Section 901:11-1-06 - Meetings of the milk sanitation board

Current through all regulations passed and filed through July 1, 2024
(A) A regular meeting of the milk sanitation
			 board shall be held annually between the first day of July and last day of
			 August.
(B) Notice of meetings
(1) Regular meetings: Notice of all of the
			 milk sanitation board's regularly scheduled meetings, including date, starting
			 time, and location will be posted on the Ohio department of agriculture's
			 website in advance of all regularly scheduled meetings.
(2) Special meetings: Notice of date, time,
			 place, and purpose of any special meetings of the milk sanitation board
			 will be
			 placed on the department of agriculture's website and sent to media outlets
			 that requested such information, at least twenty-four hours prior to a special
			 meeting.
(3) Emergency meetings:
			 Notice of date, time, location, and purpose of all emergency meetings of the
			 milk sanitation board will be given to
			 all news media who requested prior notification. The notice of the emergency
			 meeting will also be published on the department's
			 website.
Ohio Administrative Code › Title 901:11 - Dairy › Chapter 901:11-2 - Ohio Manufacture Milk Rules › Section 901:11-2-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
As used in rules 901:11-2-01 to
				901:11-2-44 of
				the Administrative Code:
(A)
			 "Cl.eaned-in-place" and its acronym "CIP" means the
			 procedure by which sanitary pipelines or pieces of dairy equipment are
			 mechanically cleaned in place by circulation.
(B) "Dairy farm" and "farm"
			 means a
			 place or premise where one or more lactating animals (cows, goats, sheep, water
			 buffalo, or other hooved mammals) are kept for milking purposes and from which
			 a part of all of the milk or milk products are provided,
			  sold, or offered for sale to a
			 manufacturing plant, receiving station, or
			 transfer station.
(C) "Dairy plant"
			 and "plant" means any place, premise, or establishment where milk
			 or dairy products are received or handled for processing or manufacturing
			 and/or prepared for distribution. When "plant" is used in connection with the
			 production, transportation, grading, or use of milk, it means any plant that
			 handles or purchases milk for manufacturing purposes; when used in connection
			 with requirements for plants or licensing or registration of plants, it means
			 only those plants that manufacture dairy products.
(D) "Dairy product" means butter, natural
			 cheese, processed cheese, dry whole milk, nonfat dry milk, dry buttermilk, dry
			 whey, evaporated whole milk evaporated skim milk, condensed whole milk and
			 plain condensed skim milk, sweetened condensed skim milk, and such other
			 products, for human consumption, as may be otherwise designated.
(E) "Director" means the director of the Ohio
			 department of agriculture or official, employee, or contractor of the
			 department designated by the director of agriculture.
(F) "Drug" means:
(1) Articles recognized in the official
			 United States pharmacopoeia, official homeopathic pharmacopoeia of the United
			 States, or official national formulary;
(2)
			 Articles intended for use in the diagnosis, cure, mitigation, treatment, or
			 prevention of disease in man or other animals;
(3) Articles (other than food) intended to
			 affect the structure or any function of the body of man or other animals;
			 and
(4) Articles intended for use as a component
			 of any articles specified in paragraph (F)(1), (F)(2) or (F)(3) of this rule,
			 but does not include devices or their components, parts or
			 accessories.
Ohio Administrative Code › Title 901:11 - Dairy › Chapter 901:11-2 - Ohio Manufacture Milk Rules › Section 901:11-2-02 - Quality requirements

Current through all regulations passed and filed through July 1, 2024
(A) Acceptability of raw milk from each
			 producer shall be based on a visual examination for appearance and odor or by
			 an acceptable test procedure for bacterial count, somatic cell count, and drug residue test as specified in rules
			 901:11-2-03 to
			 901:11-2-05 of
			 the Administrative Code.
(B) The
			 appearance of acceptable raw milk shall be normal and free of excessive coarse
			 sediment. The milk shall not show any abnormal condition including but not
			 limited to: curdled, ropy, bloody, or mastitic.
			 When milk is tested for sediment and the sediment exceeds the following United States
			 department of agriculture standards, the milk shall be considered as adulterated:
(1) No. 1 acceptable - not to exceed 0.50 mg.
			 or equivalent.
(2) No. 2 acceptable
			 - not to exceed
			 1.50 mg. or
			 equivalent.
(3) No. 3 probational,
			 not over a ten day period - not to exceed 2.50 mg. or equivalent.
(4) No. 4 reject, considered to be
			 adulterated - over 2.50 mg. or equivalent.
Ohio Administrative Code › Title 901:11 - Dairy › Chapter 901:11-2 - Ohio Manufacture Milk Rules › Section 901:11-2-03 - Bacterial count

Current through all regulations passed and filed through July 1, 2024
(A) During at least four separate months
			 within any consecutive six month period, each dairy plant or co-operative
			 association shall collect and submit individual producer raw milk samples to a
			 laboratory for examination to determine the bacterial count
			 of the samples. Samples shall be representative
			 of all raw milk shipped from bulk tanks and all raw milk received in
			 cans.
(B) Samples shall be analyzed
			 at a laboratory approved by the director, and the laboratory results shall be
			 transmitted to the department as requested by the director. Each producer's raw milk sample shall be tested for bacterial count
			 using one of the following methods :
(1) Direct microscopic
			 clump count;
(2) Standard plate
			 count;
(3) Plate loop
			 count;
(4) Pectin gel plate
			 count;
(5)
			 PetrifilmTM aerobic count;
(6) Spiral plate count;
(7) Hydrophobic grid membrane filter count;
(8) Impedance/conductance count;
(9)
									 Any method
			 listed in the standard methods, as defined in rule
			 901:11-2-01 of the
			 Administrative Code; or
(10)
									 Any equivalent method approved by the
			 director.
Ohio Administrative Code › Title 901:11 - Dairy › Chapter 901:11-2 - Ohio Manufacture Milk Rules › Section 901:11-2-04 - Somatic cell count

Current through all regulations passed and filed through July 1, 2024
(A) During at least four separate months
			 within any consecutive six month period, each dairy plant or co-operative
			 association shall collect and submit producer raw milk samples to a laboratory for
			 examination to determine the somatic cell count of the
			 samples. Samples shall be representative of all raw milk shipped from
			 bulk tanks and received in cans.
(B) The somatic cell standard for acceptable
			 raw milk shall be the lesser of one million or two hundred fifty thousand per
			 mL. more than the standard adopted in the
			 PMO. Goat milk shall remain at the same level
			 as adopted in the PMO.
(C) A screening test may be conducted on goat
			 herd milk. When a goat herd screening sample exceeds either of the following
			 screening test results, a confirmatory test shall be conducted using either:
(1) The California mastitis test - weak
			 positive CMT 1; or
(2) The
			 Wisconsin mastitis test - WMT value of 18 mm.
Ohio Administrative Code › Title 901:11 - Dairy › Chapter 901:11-2 - Ohio Manufacture Milk Rules › Section 901:11-2-05 - Drug residue level

Current through all regulations passed and filed through July 1, 2024
(A) Dairy plant responsibilities.
(1) Sampling and testing program:
(a) All raw milk shipped for processing or
			 intended to be processed on the farm where it was produced shall be sampled and
			 tested, prior to processing, and all individual producer raw milk samples
			 submitted to an approved laboratory for examination to determine bacteria and
			 somatic cell counts shall also be tested for beta lactam drug residue.
			 Collecting, handling and testing of samples shall be done according to
			 procedures approved by the director, and the laboratory results shall be
			 transmitted to the department as requested by the director;
(b) When so specified by the director, all
			 raw milk shipped for processing, or intended to be processed on the farm where
			 it was produced, shall be sampled and tested, prior to processing, and all
			 individual producer raw milk samples submitted to an approved laboratory for
			 examination to determine bacteria and somatic cell counts shall also be tested
			 for other drug residues. Collecting, handling and testing of samples shall be
			 done according to procedures approved by the director, and the laboratory
			 results shall be transmitted to the department as requested by the
			 director;
(c) When the director
			 determines that a potential problem exists with an animal drug residue or other
			 contaminant in the milk supply, additional sampling and additional testing
			 shall be conducted, as ordered by the director. The testing shall continue
			 until such time that the director determines with reasonable assurance that the
			 potential problem has been remedied; and
(d) The dairy plant shall analyze samples for
			 beta lactams and other drug residues by methods evaluated by the association of
			 official analytical chemists, which can be found at
http://www.aoac.org/
,
										 and
			 accepted by the director as effective in determining compliance with
			 established "safe levels" or tolerances as established and amended by the
			 United States food and drug administration. The dairy plant may employ on a
			 temporary basis other test methods determined to demonstrate accurate
			 compliance results. These test methods may be used until they are evaluated by
			 the AOAC and accepted or rejected by the director.
Ohio Administrative Code › Title 901:11 - Dairy › Chapter 901:11-2 - Ohio Manufacture Milk Rules › Section 901:11-2-06 - Radionuclides

Current through all regulations passed and filed through July 1, 2024
Composite milk samples from selected
				areas in the state should be tested for biologically significant radionuclides
				at a frequency which the director determines to be adequate to protect the
				consumer.
Five Year Review (FYR) Dates:
				10/24/2017 and
				10/24/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 917.02
Rule
				Amplifies: 917.05
Prior
				Effective Dates: 06/18/2001, 06/06/2005, 09/19/2007,
				02/21/2016
Ohio Administrative Code › Title 901:11 - Dairy › Chapter 901:11-2 - Ohio Manufacture Milk Rules › Section 901:11-2-07 - Pesticide and herbicide

Current through all regulations passed and filed through July 1, 2024
Composite milk samples should be tested
				for pesticides and herbicides at a frequency which the director determines is
				adequate to protect the consumer. The test results from the samples shall not
				exceed established food and drug administration limits.
Five Year Review (FYR) Dates:
				10/24/2017 and
				10/24/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 917.02
Rule
				Amplifies: 917.05
Prior
				Effective Dates: 06/18/2001, 06/06/2005, 09/19/2007,
				02/21/2016
Ohio Administrative Code › Title 901:11 - Dairy › Chapter 901:11-2 - Ohio Manufacture Milk Rules › Section 901:11-2-08 - Added water

Current through all regulations passed and filed through July 1, 2024
(A) Added water is considered to be an
			 adulteration of the product. Producer milk samples may be tested for added
			 water to establish a cryoscope herd history for the producer. The director
			 shall send the producer a written warning when the cryoscope reading exceeds
			 five per
			 cent added water above the established herd history. The warning shall be
			 in effect for one year from the date of the warning letter. The director shall
			 immediately suspend the producer license or registration for adulteration with
			 added water when the cryoscope reading exceeds five per cent above the
			 established herd history on the second occasion.
(B) If the director determines that a
			 producer, processor, or hauler has purposefully
			 caused the milk or milk product to be adulterated, the director may immediately
			 suspend the license or registration of the producer, processor, or hauler pursuant to section
			 917.22 of the Revised
			 Code.
Five Year Review (FYR) Dates:
				10/24/2017 and
				10/24/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 917.02
Rule
				Amplifies: 917.05,
				917.22
Prior
				Effective Dates: 06/18/2001, 06/06/2005, 04/22/2010,
				02/21/2016
Ohio Administrative Code › Title 901:11 - Dairy › Chapter 901:11-2 - Ohio Manufacture Milk Rules › Section 901:11-2-09 - Health of herd

Current through all regulations passed and filed through July 1, 2024
(A) All animals in the herd shall be
			 maintained in a healthy condition.
(B) All milk for manufacturing shall be from
			 herds which are located in an accredited free state or modified accredited
			 tuberculosis area, as determined by the United States department of
			 agriculture. Herds located in an area that fails to maintain accredited status
			 shall have passed an annual tuberculosis test.
(C) All milk for manufacturing shall be from
			 herds under a brucellosis eradication program which meets one of the following
			 conditions:
(1) The herd is located in a
			 certified brucellosis-free area as defined by the United States department of
			 agriculture and is enrolled in the testing program for the area;
(2) The herd meets United States department
			 of agriculture requirements for an individually certified herd;
(3) The herd participates in a milk ring
			 testing program at least two times per year at approximately one hundred eighty
			 day intervals and all herds with positive milk ring results shall have the
			 entire herd blood tested within thirty days from the date of the laboratory
			 ring test; or
(4) The herd has an
			 individual blood agglutination test annually with an allowable maximum grace
			 period not exceeding two months.
Ohio Administrative Code › Title 901:11 - Dairy › Chapter 901:11-2 - Ohio Manufacture Milk Rules › Section 901:11-2-10 - Milking facility and housing

Current through all regulations passed and filed through July 1, 2024
(A) The milking barn, stable, or parlor shall
			 be of a size and arrangement that will promote a sanitary milking operation. It
			 shall be provided with natural or artificial light, well distributed for day or
			 night milking and have sufficient air space and air circulation to prevent
			 condensate and excessive odors. The floors and gutters shall be in good repair
			 and constructed of concrete or other impervious material. Concentrates and
			 feed, when stored in the milking facility, shall be kept in a tightly covered
			 box or bin. The facility shall be kept clean, the manure removed daily and no
			 swine or fowl shall be permitted in any part of the milking facility.
(B) If milk is exposed in the milking
			 facility, it shall be protected in a manner that prevents any contamination of
			 the milk, equipment, containers, or utensils. No milk shall be strained,
			 poured, transferred, or stored unless it is properly protected from
			 contamination.
(C) Milk stools,
			 surcingles and antikickers shall be kept clean and stored off the
			 floor.
(D) The cowyard, housing
			 area or loafing area shall be of ample size to prevent overcrowding, shall be
			 kept clean and drained to prevent forming of
			 standing water pools, insofar as practicable. The dairy animals shall be prevented from having
			 any access to stored or accumulated manure.
Five Year Review (FYR) Dates:
				10/24/2017 and
				10/24/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 917.02
Rule
				Amplifies: 917.02
Prior
				Effective Dates: 06/18/2001, 06/06/2005,
				02/21/2016