Click the name of the code you want to read from the list below:
- ORC 904: Ohio Livestock Care Standards Board
- ORC 945: Humane Slaughter of Livestock
- ORC 953: Rendering Plants
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ORC 904: Ohio Livestock Care Standards Board
This is the full text of Ohio Revised Code 904: Ohio Livestock Care Standards Board, as of June 14, 2017.
- 904.01 Definitions.
- 904.02 Ohio livestock care standards board created.
- 904.03 Factors to be considered in adopting rules governing care and well-being of livestock.
- 904.04 Administration and enforcement of chapter.
- 904.05 Prohibited acts.
- 904.06 Ohio livestock care standards fund.
- 904.07 Authority not to apply to county human societies or county officials.
- 904.08 Authority not to apply to food processing production activity regulated by department of agriculture.
- 904.09 Board not to create statewide animal identification system.
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904.01 Definitions.
As used in this chapter, “livestock” means either of the following:
(A) Equine animals regardless of the purpose for which they are raised;
(B) Any of the following animals that are raised for human food products or fiber:
(8) Any other animal designated in rules adopted under section 904.03 of the Revised Code.
Added by 128th General AssemblyFile No.24, HB 414, §1, eff. 3/31/2010.
904.02 Ohio livestock care standards board created.
(A) There is hereby created the Ohio livestock care standards board consisting of the following members:
(1) The director of agriculture, who shall be the chairperson of the board;
(2) Ten members appointed by the governor with the advice and consent of the senate. The ten members shall be residents of this state and shall include the following:
(a) One member representing family farms;
(b) One member who is knowledgeable about food safety in this state;
(c) Two members representing statewide organizations that represent farmers;
(d) One member who is a veterinarian licensed under Chapter 4741. of the Revised Code;
(e) The state veterinarian in the department of agriculture;
(f) The dean of the agriculture department of a college or university located in this state;
(g) Two members of the public representing consumers in this state;
(h) One member representing a county humane society organized under Chapter 1717. of the Revised Code.
(3) One member appointed by the speaker of the house of representatives who shall be a family farmer;
(4) One member appointed by the president of the senate who shall be a family farmer.Not more than seven members appointed to the board at any given time shall be of the same political party.
(1) The governor, the speaker of the house of representatives, and the president of the senate shall make appointments to the board not later than forty-five days after the effective date of this section.
(2) The following initial members of the board appointed by the governor shall be appointed for a term ending January 25, 2011:
(a) The member representing family farmers;
(b) The dean of the agriculture department of a college or university located in this state;
(c) The member who is a veterinarian licensed under Chapter 4741. of the Revised Code;
(d) One of the members of the public representing consumers in this state.
(3) The following initial members of the board shall be appointed for a term ending January 15, 2012:
(a) The member appointed by the speaker of the house of representatives who is a family farmer;
(b) One of the members representing a statewide organization that represents farmers;
(c) The member representing a county humane society organized under Chapter 1717. of the Revised Code;
(d) The member who is knowledgeable about food safety in this state.
(4) The following initial members of the board shall be appointed for a term ending January 15, 2013:
(a) The member appointed by the president of the senate who is a family farmer;
(b) One of the members of the public representing consumers in this state;
(c) One of the members representing a statewide organization that represents farmers.
(C) After the initial terms served in accordance with division (B) of this section, terms of office shall be for three years with each term ending on the same day of the same month as did the term that it succeeds. However, the terms for the director of agriculture and the state veterinarian shall coincide with the length of time that the person holds the position of director or state veterinarian, as applicable. If the director or the state veterinarian resigns or that person’s employment is terminated, the director or state veterinarian, as applicable, shall cease to serve on the board, and the successor of the director or state veterinarian shall then serve on the board in accordance with this section. Every other member shall hold office from the date of the member’s appointment until the end of the term for which the member was appointed.Vacancies on the board shall be filled in the manner provided for original appointments. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member’s predecessor was appointed shall hold office for the remainder of that term. A member shall continue in office subsequent to the expiration date of the member’s term until the member’s successor takes office, or until a period of one hundred eighty days has elapsed, whichever occurs first. A member may be reappointed upon the expiration of the member’s term.
(D) The board shall hold at least three regular meetings each year and may hold additional meetings at times that the chairperson or a majority of the board members considers appropriate. At the three regular meetings held by the board each year, the board shall conduct a review of the rules governing the care and well-being of livestock that have been or are proposed to be adopted under section 904.03 of the Revised Code.At the first meeting of the board in each calendar year, the director shall designate one member of the board to serve as its vice-chairperson. A majority of the board constitutes a quorum. The board may act only if a quorum is present and only by majority vote of that quorum. A vacancy on the board does not impair the right of the other members to exercise all of the board’s powers.
(E) Serving as an appointed member of the board does not constitute holding a public office or position of employment under the laws of this state and does not constitute grounds for removal of public officers or employees from their offices or positions of employment.
(F) Appointed members of the board shall receive no compensation for their services. Members shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties as members. The expenses shall be paid from the Ohio livestock care standards fund created in section 904.06 of the Revised Code. The expenses shall be paid in accordance with the rules and requirements adopted by the department of administrative services that are applicable to state employees.
(G) The board may create committees that it considers appropriate to make recommendations to the board. Committees may include non-board members.
Added by 128th General AssemblyFile No.24, HB 414, §1, eff. 3/31/2010.
904.03 Factors to be considered in adopting rules governing care and well-being of livestock.
(A) The Ohio livestock care standards board shall adopt rules in accordance with Chapter 119. of the Revised Code governing the care and well-being of livestock in this state. In adopting those rules, the board shall consider the following factors:
(1) Best management practices for the care and well-being of livestock;
(3) The prevention of disease;
(4) Animal morbidity and mortality data;
(6) The protection of local, affordable food supplies for consumers;
(7) Generally accepted veterinary medical practices, livestock practice standards, and ethical standards established by the American veterinary medical association;
(8) Any other factors that the board considers necessary for the proper care and well-being of livestock in this state.With regard to organic producers that are certified by the United States department of agriculture under the national organic program, if there is a conflict between the rules adopted under this section and the standards established by the United States department of agriculture under the national organic program, the standards established under the national organic program shall prevail.
(B) The board shall adopt rules in accordance with Chapter 119. of the Revised Code that establish the amount of civil penalties to be assessed against persons who violate the rules adopted under division (A) of this section.
(C) The rules adopted under this section do not apply to animals that are used in agricultural, biological, or biomedical research or confined in research or medical facilities that operate in accordance with “The Guide for the Care and Use of Agricultural Animals in Research and Teaching” published by the federation of animal science societies or “The Guide for the Care and Use of Laboratory Animals” published by the national academy of sciences.
Added by 128th General AssemblyFile No.24, HB 414, §1, eff. 3/31/2010.
904.04 Administration and enforcement of chapter.
(A) In order to assist the Ohio livestock care standards board in the administration and enforcement of this chapter, the director of agriculture shall do all of the following:
(1) Hire all employees of the board, including an executive director. Employees of the board shall be in the unclassified civil service, serve at the pleasure of the director of agriculture, and be compensated with money from the Ohio livestock care standards fund created in section 904.06 of the Revised Code.
(2) Enter into contracts on behalf of the board;
(3) Do all of the following with regard to rules governing the care and well-being of livestock adopted by the board under section 904.03 of the Revised Code:
(a) Process and submit the rules to the joint committee on agency rule review pursuant to Chapter 119. of the Revised Code;
(b) Contract for surveys and analyses;
(c) Perform any other activities that assist the board in adopting the rules.
(4) Publish and distribute information related to livestock care, including educational materials, to livestock producers and members of the public;
(5) Investigate complaints regarding violations of the rules adopted under section 904.03 of the Revised Code in accordance with the authority granted by this chapter, sections 901.25 to 901.29 of the Revised Code, and rules adopted under this chapter and section 901.03 of the Revised Code;
(6) Enforce the rules adopted under section 904.03 of the Revised Code and levy the civil penalties established by those rules. The director may apply to a court of competent jurisdiction for a temporary or permanent injunction or other appropriate relief for violations of this chapter and rules adopted under it. For purposes of this division, the court of competent jurisdiction shall be either the court of common pleas of Licking county or the court of common pleas of the county where the violation is occurring. Money collected from civil penalties levied under division (A)(6) of this section shall be deposited in the state treasury to the credit of the general revenue fund.
(7) Perform any other duties necessary to assist the board in the administration and enforcement of this chapter.
(B) With the consent of the premises owner and, if the premises owner is different from the livestock owner, the livestock owner, the director or the director’s authorized representative may enter at all reasonable times on any premises for the purpose of determining compliance with the rules adopted under section 904.03 of the Revised Code. If the director or the director’s authorized representative is denied access to the premises and the director or the director’s authorized representative suspects that those rules are not being complied with, the director may apply for a search warrant authorizing access from a court of competent jurisdiction. The court shall issue the search warrant if there is probable cause. Probable cause may be based on hearsay, provided that there is substantial basis for believing the source is credible and there is factual basis for the information.Upon entry on premises in accordance with this division, the director or the director’s authorized representative shall observe biosecurity measures in order to prevent spreading disease and infecting livestock.
Added by 128th General AssemblyFile No.24, HB 414, §1, eff. 3/31/2010.
904.05 Prohibited acts.
No person shall do either of the following:
(A) Falsify any plans, specifications, data, reports, records, or other information required by this chapter or rules adopted under it to be kept or submitted to the director of agriculture or the Ohio livestock care standards board;
(B) Violate any provision of this chapter or any order, rule, or determination of the director or board issued, adopted, or made under this chapter or rules adopted under it.
Added by 128th General AssemblyFile No.24, HB 414, §1, eff. 3/31/2010.
904.06 Ohio livestock care standards fund.
(A) Until the general assembly appropriates money for the purposes of this chapter and rules adopted under it, the director of agriculture shall request the controlling board to authorize the transfer of all or part of an appropriation from any fund administered by the department of agriculture to the Ohio livestock care standards fund created in division (B) of this section.
(B) All money appropriated by the general assembly for use by the Ohio livestock care standards board, money transferred from any fund administered by the department as provided in division (A) of this section, and all money donated to the department or the board for the purposes of advancing livestock care shall be deposited in the state treasury to the credit of the Ohio livestock care standards fund, which is hereby created.
(C) Money credited to the fund shall be used by the director to carry out the purposes of this chapter, including the administration and enforcement costs of the department and the compensation of employees of the board.
Added by 128th General AssemblyFile No.24, HB 414, §1, eff. 3/31/2010.
904.07 Authority not to apply to county human societies or county officials.
The authority granted to the Ohio livestock care standards board and the director of agriculture by this chapter does not detract from or expand the authority or obligations of county humane societies or county officials under Chapter 1717. of the Revised Code.
Added by 128th General AssemblyFile No.24, HB 414, §1, eff. 3/31/2010.
904.08 Authority not to apply to food processing production activity regulated by department of agriculture.
The authority granted to the Ohio livestock care standards board and the director of agriculture by this chapter does not apply to food processing production activity that is regulated by the department of agriculture under Title IX of the Revised Code.
Added by 128th General AssemblyFile No.24, HB 414, §1, eff. 3/31/2010.
904.09 Board not to create statewide animal identification system.
The Ohio livestock care standards board shall not create a statewide animal identification system.
Added by 128th General AssemblyFile No.24, HB 414, §1, eff. 3/31/2010.
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ORC 945: Humane Slaughter of Livestock
This is the full text of Ohio Revised Code 945: Humane Slaughter of Livestock, as of June 14, 2017.
- 945.01 Humane methods of slaughtering livestock.
- 945.02 Ritual slaughter exemption.
- 945.03 Inspection of establishments.
- 945.99 Penalty.
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945.01 Humane methods of slaughtering livestock.
After July 1, 1967, no method of slaughtering livestock or handling in connection with the commercial slaughtering of livestock shall be utilized unless it is humane. Without limiting other methods as may be prescribed by the secretary of agriculture of the United States, pursuant to “Act of August 27, 1958,” 72 Stat. 862, 7 U.S.C. 1902, the following methods are deemed humane:
(A) In the case of cattle, calves, horses, mules, sheep, swine, and other livestock, all animals are rendered insensible to pain by a single blow or gunshot or an electrical, chemical, or other means that is rapid and effective, before being shackled, hoisted, thrown, cast, or cut;
(B) By slaughtering in accordance with the ritual requirements of the Jewish faith or any other religious faith that prescribes a method of slaughter whereby the animal suffers loss of consciousness by anemia of the brain caused by the simultaneous severance of the carotid arteries with a sharp instrument.
Effective Date: 08-24-1965
945.02 Ritual slaughter exemption.
Nothing in section 945.01 of the Revised Code shall be construed to prohibit, abridge, or in any way hinder the religious freedom of any person or group. Notwithstanding any other provisions of such section, in order to protect freedom of religion, ritual slaughter, and the handling or other preparation of livestock for ritual slaughter are exempted from the terms of section 945.01 of the Revised Code.
For the purposes of this section, “ritual slaughter” means slaughter in accordance with division (B) of section 945.01 of the Revised Code.
Effective Date: 08-24-1965
945.03 Inspection of establishments.
All establishments engaged in the operation of commercial slaughtering of livestock as set forth in section 945.01 of the Revised Code shall be open to inspection, as to compliance with sections 945.01 and 945.02 of the Revised Code, at all reasonable times by any duly authorized officer.
Effective Date: 08-24-1965
945.99 Penalty.
Whoever violates section 945.01 of the Revised Code shall be fined not more than one hundred dollars.
Effective Date: 08-24-1965
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ORC 953: Rendering Plants
This is the full text of Ohio Revised Code 953: Rendering Plants, as of June 14, 2017.
- 953.01 to 953.11 [Repealed].
- 953.21 Rendering plant definitions.
- 953.22 Licensing of rendering operations.
- 953.23 Application for license for rendering operations.
- 953.24 Rendering plant sanitation.
- 953.25 Disposal or rendering of raw rendering material requirements.
- 953.26 Sale and use of raw rendering material.
- 953.27 Regulations to administer rendering requirements.
- 953.28 Inspection of rendering operations.
- 953.29 Conveying raw rendering material.
- 953.30 Loading platform requirements.
- 953.31 Suspension, revocation, or refusal of license.
- 953.99 Penalty.
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953.01 to 953.11 [Repealed].
Effective Date: 10-22-1969
953.21 Rendering plant definitions.
As used in this chapter:
(A) “Animal” means any animal, other than a human being, and includes domestic fowl, wild birds, fish, and reptiles, living or dead.
(B) “Licensee” means any person who is licensed in accordance with this chapter.
(C) “Loading platform” means any place operated by a licensee for loading dead animals, or parts thereof, onto trucks to take them to a rendering plant or composting facility.
(D) “Person” means any natural person, partnership, association, or corporation.
(E) “Raw rendering material” means any body, part of a body, or product of a body of any dead animal that is unwholesome, condemned, inedible, or otherwise unfit for human consumption.
(F) “Rendering plant” means any premises where raw rendering materials are converted into fats, oils, feeds, fertilizer, and other products.
(G) “Composting facility” means any premises, including structures and equipment, operating in accordance with rules adopted under section 3734.02 of the Revised Code and used for the controlled decomposition of organic solid material, including dead animals, that stabilizes the organic fraction of the material.
(H) “Conveyance” means a vehicle, trailer, or compartment.
Amended by 128th General AssemblyFile No.9, HB 1, §101.01, eff. 7/17/2009.
Effective Date: 08-10-1994
953.22 Licensing of rendering operations.
(A) No person shall engage in the business of disposing of, picking up, rendering, or collecting raw rendering material or transporting the material to a composting facility without a license to do so from the department of agriculture.
(B) This chapter does not apply to any of the following:
(1) A farmer who slaughters the farmer’s own animals, raised by the farmer on the farmer’s own farm, processes the farmer’s own meat therefrom, and disposes of the farmer’s raw rendering material only by delivery to a person licensed under section 953.23 of the Revised Code;
(2) A person whose only connection with raw rendering material is curing hides and skins;
(3) A person whose only connection with raw rendering material is operating a pet cemetery;
(4) A person who is conducting composting, as defined in section 939.01 of the Revised Code, in accordance with section 939.04 of the Revised Code;
(5) A person whose only connection with raw rendering material is trapping wild animals in accordance with a nuisance wild animal permit issued by the chief of the division of wildlife in the department of natural resources under rules adopted pursuant to section 1531.08 of the Revised Code;
(6) A county dog warden or animal control officer who transports raw rendering material only for disposal purposes.
Amended by 131st General Assembly File No. TBD, HB 64, §101.01, eff. 1/1/2016.
Amended by 128th General AssemblyFile No.9, HB 1, §101.01, eff. 7/17/2009.
Effective Date: 08-10-1994
953.23 Application for license for rendering operations.
(A) Application for a license shall be made to the department of agriculture on a form prescribed by the department.
(B) Each application shall include all of the following:
(1) The name and address of the applicant;
(2) The applicant’s proposed place of business;
(3) A detailed statement of the method that the applicant intends to use to dispose of, pick up, render, or collect raw rendering material or to transport it to a composting facility;
(4) Such other relevant information as the department may require.
(C) Each applicant shall submit the annual license fee with the application.
(1) The license fee for a person applying for an annual license to pick up or collect raw rendering material and dispose of the material to a licensee or in accordance with divisions (B) and (C) of section 953.26 of the Revised Code, or to transport raw rendering material to a composting facility, is twenty-five dollars per conveyance that is used to pick up or collect and dispose of or to transport raw rendering material. A late fee of ten dollars per conveyance shall be charged for each application that is received after the thirtieth day of November each year.
(2) The license fee for a person applying for an annual license to pick up or collect raw rendering material and to operate one or more rendering plants is three hundred dollars for each such plant. A late fee of one hundred dollars shall be charged for each application that is received after the thirtieth day of November each year.
(D) On receipt of an application and fee, under this section, the department shall inspect the means of conveyance and premises that the applicant proposes to use to dispose of, collect, pick up, or render raw rendering material or to transport it to a composting facility for profit.
(E) If the department finds that the applicant’s means of conveyance, premises, and operation meet the requirements of this chapter and rules adopted thereunder, the department shall issue a license to the applicant to dispose of, pick up, render, or collect for profit raw rendering material or to transport it to a composting facility for profit.
(F) Each license issued under this section shall expire on the thirty-first day of December of each year. Each person licensed under this section shall make application for renewal of the person’s license no later than the thirtieth day of November of each year.
(G) Application for renewal shall be in accordance with the requirements of this section for initial application for a license and the standard renewal procedure of sections 4745.01 to 4745.03 of the Revised Code.
(H) All money collected under this section shall be credited to the animal and consumer protection laboratory fund created in section 901.43 of the Revised Code.
Amended by 129th General AssemblyFile No.42, HB 229, §1, eff. 10/17/2011.
Amended by 128th General AssemblyFile No.9, HB 1, §101.01, eff. 7/17/2009.
Effective Date: 08-10-1994
953.24 Rendering plant sanitation.
(A) Each rendering plant building shall:
(1) Be provided with floors constructed of concrete or some other nonabsorbent materials;
(2) Be maintained in a good state of repair;
(3) Have an adequate water supply, and be supplied with sufficient steam and steam hose or other equipment approved by the department of agriculture to clean the floors of the plant and its trucks;
(4) Have adequate drainage as determined by the department.
(B) All parts of the building and all equipment shall be kept in a sanitary condition and shall be cleaned at least once each day with steam or other methods approved by the department.
Effective Date: 10-22-1969
953.25 Disposal or rendering of raw rendering material requirements.
(A) In the disposal or rendering of raw rendering material, all of the following requirements shall be met:
(1) All raw rendering material shall be processed or disposed of within forty-eight hours after its arrival at the rendering plant;
(2) Each cooking vat or tank shall be airtight, except for proper escapes for steam;
(3) Steam shall be disposed of so as to cause no nuisance;
(4) All skinning and dismembering of an animal body or part thereof shall be done within a building.
(B) Raw rendering material that is not disposed of to a licensee or as provided in division (B), (C), or (D) of section 953.26 of the Revised Code shall be buried at a depth of at least four feet.
Effective Date: 08-10-1994
953.26 Sale and use of raw rendering material.
(A) No raw rendering material shall be fed to an avian, equine, ovine, bovine, or porcine animal.
(B) Except as provided in division (C) or (D) of this section, no raw rendering material shall be sold or offered for sale to a person who is not licensed under section 953.23 of the Revised Code unless the material is in a labeled wrapper or is in some other way identified or denatured in a manner approved by the department of agriculture. The label or identification shall state plainly in legible letters at least two inches high that the product is inedible and is not sold or intended for human consumption.
(C) Raw rendering material may be sold or otherwise transferred to a person who operates a mink ranch, dog kennel, zoo, captive wildlife farm, or pet food manufacturing plant and who has written permission from the department to handle raw rendering material.
(D) Raw rendering material may be sold or otherwise transferred to a person who operates a composting facility in accordance with rules adopted by the director of environmental protection under section 3734.02 of the Revised Code.
Effective Date: 08-10-1994
953.27 Regulations to administer rendering requirements.
(A) The director of agriculture may promulgate, adopt, and enforce regulations to carry out this chapter.
(B) No person shall fail to comply with the regulations adopted by the department of agriculture under division (A) of this section.
Effective Date: 10-22-1969
953.28 Inspection of rendering operations.
(A) Any authorized representative of the director of agriculture who has good reason to suspect that any premises or means of conveyance contains raw rendering material shall have free access to those premises or that means of conveyance at any reasonable time.
(B) The department of agriculture shall inspect each place or means of conveyance licensed under section 953.23 of the Revised Code at least once each year and may inspect it as often as the department finds necessary. The department shall furnish a report of the findings of each inspection to the licensee.
Effective Date: 10-22-1969
953.29 Conveying raw rendering material.
(A) No raw rendering material shall be conveyed unless the means of conveyance is so constructed that no drippings or seepings can escape from such means of conveyance and the raw rendering material is covered.
(B) Each means of conveyance shall be thoroughly cleaned with steam, or such other method approved by the department of agriculture, at least once each day of its use for the conveyance of raw rendering material.
Effective Date: 10-22-1969
953.30 Loading platform requirements.
(A) Each loading platform shall:
(1) Be provided with floors constructed of concrete or some other nonabsorbent material;
(2) Have an adequate supply of water and steam or other facilities to clean floors or means of conveyance;
(3) Have adequate drainage as determined by the department.
(B) Each loading platform, and all equipment used therewith, shall at all times be kept in a reasonably sanitary condition.
Effective Date: 10-22-1969
953.31 Suspension, revocation, or refusal of license.
The department of agriculture may suspend, revoke, or refuse to issue a license issued under this chapter for any violation under this chapter, subject to Chapter 119. of the Revised Code.
Effective Date: 10-22-1969
953.99 Penalty.
Whoever violates sections 953.21 to 953.31 of the Revised Code is guilty of a misdemeanor of the second degree; on each subsequent violation, the person is guilty of a misdemeanor of the first degree.
Effective Date: 06-20-1994