Bill Text: OH HB453 | 2013-2014 | 130th General Assembly | Comm Sub

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Bill Title: To include diseases of concern within the scope of the Animal Diseases Law, to make changes to the laws governing weights and measures and auctioneers, the membership of the Farmland Preservation Advisory Board, and the pesticide licensing renewal process, and to revise fluoridation requirements for public water systems.

Spectrum: Moderate Partisan Bill (Republican 6-1)

Status: (Introduced - Dead) 2014-12-04 - Committee Report - A [HB453 Detail]

Download: Ohio-2013-HB453-Comm_Sub.html

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As Reported by the House Agriculture and Natural Resources Committee

130th General Assembly Regular Session 2013-2014

Am. H. B. No. 453

Representative Pelanda 

Cosponsors: Representatives Grossman, Buchy, Hackett, Adams, J., Sheehy, Burkley 

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A BILL

To amend sections 901.23, 921.12, 941.01, 941.03,

1

941.04, 941.06, 941.07, 941.09, 941.10, 941.11,

2

941.14, 1327.46, 1327.48, 1327.50, 1327.501,

3

1327.61, 1327.99, and 4707.02; to enact new

4

section 6109.20 and section 1327.502; and to

5

repeal section 6109.20 of the Revised Code to

6

include diseases of concern within the scope of

7

the Animal Diseases Law, to make changes to the

8

laws governing weights and measures and

9

auctioneers, the membership of the Farmland

10

Preservation Advisory Board, and the pesticide

11

licensing renewal process, and to revise

12

fluoridation requirements for public water

13

systems.

14

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That sections 901.23, 921.12, 941.01, 941.03,	15
941.04, 941.06, 941.07, 941.09, 941.10, 941.11, 941.14, 1327.46,	16
1327.48, 1327.50, 1327.501, 1327.61, 1327.99, and 4707.02 be	17
amended and new section 6109.20 and section 1327.502 of the	18
Revised Code be enacted to read as follows:	19

Sec. 901.23. (A) There is hereby created the farmland	20
preservation advisory board consisting of twelve voting members	21
appointed by the director of agriculture as follows:	22

(1) One member who is a county commissioner or a	23
representative of a statewide organization that represents county	24
commissioners;	25

(2) One member who is a township trustee or a representative	26
of a statewide organization that represents township trustees;	27

(3) One representative of thean Ohio state university;

28

(4) One representative of a nonprofit organization dedicated	29
to the preservation of farmland;	30

(5) One representative each of development, environmental,	31
planning, and soil and water conservation interests;	32

(6) One farmer from each of the state's four quadrants.

33

Terms of office shall be staggered and shall be for three	34
years, with each term ending on the same day of the same month as	35
did the term that it succeeds. Each member shall hold office from	36
the date of appointment until the end of the term for which the	37
member was appointed, except that the term of any member who is a	38
county commissioner or township trustee shall end when the member	39
ceases to serve as a county commissioner or township trustee.	40

Members may be reappointed. Vacancies shall be filled in the	41
manner provided for original appointments. Any member appointed to	42
fill a vacancy occurring prior to the expiration date of the term	43
for which the member was appointed shall serve for the remainder	44
of that term. A member shall continue to serve subsequent to the	45
expiration date of the member's term until the member's successor	46
takes office or until a period of sixty days has elapsed,	47
whichever occurs first. Members shall serve at the pleasure of the	48
director.	49

The executive director of the office of farmland preservation	50
in the department of agriculture or another employee of the	51
department who is designated by the director shall serve as the	52
nonvoting chairperson of the board. The director annually shall	53
designate one member of the board to serve as its	54
vice-chairperson. The board may adopt bylaws governing its	55
operation and shall meet at a time when the director, or the	56
director's designee, considers it appropriate in order for the	57
board to provide advice as required under division (B) of this	58
section.	59

(B) The board shall provide advice to the director regarding	60
all of the following:	61

(1) The design and implementation of an agricultural easement	62
purchase program;	63

(2) The selection of applications that will be awarded	64
matching grants under division (D) of section 901.22 of the	65
Revised Code for the purchase of agricultural easements;	66

(3) The design and implementation of any other statewide	67
farmland protection measures that the director considers	68
appropriate.	69

(C) Serving as a member of the board does not constitute	70
holding a public office or position of employment under the laws	71
of this state and does not constitute grounds for removal of	72
public officers or employees from their offices or positions of	73
employment.	74

(D) A board member shall be reimbursed for actual and	75
necessary expenses incurred in the discharge of duties as a board	76
member.	77

Sec. 921.12.  (A) The director of agriculture shall require	78
each applicant for a license under section 921.06 or 921.11 of the	79
Revised Code to be examined on the applicant's knowledge and	80
competency in each of the following:	81

(1) This chapter and rules adopted under it;

82

(2) The proper use, handling, and application of pesticides	83
and, if the applicant is applying for a license under section	84
921.06 of the Revised Code, in the conducting of diagnostic	85
inspections in the pesticide-use categories for which the	86
applicant has applied.	87

(B) Each application for renewal of a license provided for in	88
section 921.06 of the Revised Code shall be filed prior to the	89
deadline established by rule. If filed after the deadline, a	90
penalty of fifty per cent shall be assessed and added to the	91
original fee and shall be paid by the applicant before the renewal	92
license is issued. However, if a license issued under section	93
921.06 or 921.11 of the Revised Code is not renewed within one	94
year ofhundred eighty days after the date of expiration, the	95
licensee shall be required to take another examination on this	96
chapter and rules adopted under it and on the proper use,	97
handling, and application of pesticides and, if applicable, the	98
proper conducting of diagnostic inspections in the pesticide-use	99
categories for which the licensee has been licensed.	100

(C) A person who fails to pass an examination under division	101
(A) or (B) of this section is not entitled to an adjudication	102
under Chapter 119. of the Revised Code for that failure.	103

(D) The holder of a commercial applicator license may renew	104
the license within one year ofhundred eighty days after the date	105
of expiration without re-examination unless the director	106
determines that a new examination is necessary to insure that the	107
holder continues to meet the requirements of changing technology	108
and to assure a continuing level of competence and ability to use	109
pesticides safely and properly.	110

(E) The director shall determine whenholder of a private	111
applicator license may renew the license within one hundred eighty	112
days after the date of expiration without re-examination for	113
unless the renewal of licenses for private applicatorsdirector	114
determines that a new examination is requirednecessary to insure	115
that private applicators continuethe holder continues to meet the	116
requirements of changing technology and to assure a continuing	117
level of competence and ability to use pesticides safely and	118
properly.	119

(F) Instead of requiring a commercial applicator or private	120
applicator to complete re-examination successfully under division	121
(D) or (E) of this section, the director may require, in	122
accordance with criteria established by rule, the commercial	123
applicator or private applicator to participate in training	124
programs that are designed to foster knowledge of new technology	125
and to ensure a continuing level of competence and ability to use	126
pesticides safely and properly. The director or the director's	127
representative may provide the training or may authorize a third	128
party to do so. In order for such authorization to occur, the	129
third party and its training program shall comply with standards	130
and requirements established by rule.	131

Sec. 941.01.  As used in this chapter:

132

(A) "Dangerously contagious or infectious disease" means any	133
disease, including any foreign animal disease, or vector, that the	134
director of agriculture, in histhe director's sound discretion,	135
determines to be of harmful effect on the animal or poultry	136
industry or the public health and to be capable of transmission by	137
any means from a carrier animal to a human or to another animal.	138

(B) "Disease of concern" means any disease, including any	139
foreign animal disease, or vector, that the director determines	140
may have an adverse impact on the animal or poultry industry or to	141
the public health in this state, but that is not a disease that is	142
reportable to the United States department of agriculture.	143

(C) "Geographic area" means any county or counties within	144
this state or parts thereof as may be designated by the director.	145

(C)(D) "Animal" means any animal that is a bird, reptile,	146
amphibian, fish, or mammal, other than humans.	147

(D)(E) "Domestic animal" includes livestock; other animals	148
that through long association with humans have been bred to a	149
degree resulting in genetic changes affecting the temperament,	150
color, conformation, or other attributes of the species to an	151
extent that makes them different from nondomestic animals of their	152
kind; and other animals as defined by rule by the director.	153

(E)(F) "Foreign animal disease" means a contagious or	154
infectious disease that is not present in United States domestic	155
or nondomestic species populations and is listed by the United	156
States department of agriculture as a "foreign animal disease."	157

(F)(G) "Nondomestic animal" means any animal that is not	158
domestic, including at least nonindigenous animals and animals	159
usually not in captivity.	160

(G)(H) "Poultry" means any domesticated fowl kept in	161
confinement, except for doves and pigeons, that are bred for the	162
primary purpose of producing eggs or meat for human consumption.	163
"Poultry" includes chickens, turkeys, waterfowl, and game birds.	164

(H)(I) "Vector" means a disease carrier, usually from, but	165
not limited to, the arthropod class, whichthat transfers an	166
infectious agent that may transmit a dangerously contagious or	167
infectious disease from one host to another.	168

(I)(J) "Residue" means any poisonous or deleterious pesticide	169
governed by 40 C.F.R. 180, any poisonous or deleterious substance	170
governed by 21 C.F.R. 109.6, or any other substance governed by 21	171
C.F.R. 556.	172

(J)(K) "Seal" means any band or object made of metal,	173
plastic, or other material placed on a vehicle or other means of	174
conveyance so that when the vehicle or conveyance is opened, the	175
band or object is affected, altered, or broken.	176

Sec. 941.03.  (A) The director of agriculture, under Chapter	177
119. of the Revised Code, may adopt and enforce rules to carry out	178
this chapter, including designating a disease or vector as a	179
dangerously contagious or infectious disease or as a disease of	180
concern.	181

(B) No person shall fail to comply with the rules adopted by	182
the director under division (A) of this section.	183

Sec. 941.04.  (A) Whenever the director of agriculture or his	184
the director's authorized representative reasonably suspects that	185
any premises or means of conveyance contains an animal that is	186
infected with or has been exposed to a dangerously contagious or	187
infectious disease or a disease of concern or is adulterated with	188
a residue, hethe director or the director's authorized	189
representative shall have free access to those premises or that	190
means of conveyance at any reasonable time.	191

(B) Whenever the director of agriculture or histhe	192
director's authorized representative reasonably suspects that any	193
vehicle or means of conveyance traveling into or through the state	194
contains an animal, hethe director or the director's authorized	195
representative shall have free access to the vehicle or means of	196
conveyance, including the right to stop suchthe vehicle or	197
conveyance transporting animals into or through the state. The	198
director or histhe director's authorized representative may	199
examine any certificate of veterinary inspection, animal health	200
certificate, waybill, yarding recieptreceipt, sale ticket, or	201
other document required by this chapter or rules adopted under it.	202
The director or histhe director's authorized representative also	203
may inspect the vehicle or conveyance for the purposes of	204
verifying the presence or existence of any animal for which a	205
document is required by this chapter or rules adopted under it and	206
verifying lawful possession or ownership of the animal. This	207
division does not apply to animals transported intrastate.	208

Within the parameters of the United States and Ohio	209
constitutions, any person who operates a vehicle or means of	210
conveyance upon a roadway in this state is deemed to have	211
consented to the inspection of the vehicle or conveyance and the	212
documents as described in this section.	213

(C) In the event the owner of the animal or the operator of	214
the vehicle or conveyance fails to present any document required	215
by this chapter and rules adopted under it, or if the documents	216
indicate or the director or histhe director's authorized	217
representative reasonably suspects that an animal is infected with	218
or has been exposed to a dangerously contagious or infectious	219
disease or a disease of concern or is adulterated with a residue,	220
the director or histhe director's authorized representative shall	221
seal the vehicle or conveyance. A seal shall not be broken or	222
removed from a vehicle or conveyance within this state or any	223
other state except by the director or histhe director's	224
authorized representative or by a person holding a similar	225
position in another state, territory, or country.	226

Once the vehicle or conveyance is sealed, its operator shall	227
choose a course of action to be taken under division (D) of	228
section 941.10 of the Revised Code. If the operator fails to	229
choose and the owner of the animal can be contacted, the owner	230
shall make the choice. If the owner cannot be contacted, the	231
director or histhe director's authorized representative shall	232
make the choice. Any time that the director or histhe director's	233
authorized representative determines that a course of action under	234
division (D) of section 941.10 of the Revised Code is	235
inappropriate, hethe director or the director's authorized	236
representative may refuse to allow that course of action to be	237
taken or may limit it. The director or histhe director's	238
authorized representative shall issue a permit designating and	239
requiring compliance with the course of action chosen under this	240
division.	241

If the director or histhe director's authorized	242
representative reasonably suspects that an animal is stolen or	243
that the operator of the vehicle or conveyance is not in lawful	244
possession of the animal, or while waiting for a search warrant to	245
be issued under section 941.042 of the Revised Code, hethe	246
director or the director's authorized representative may detain or	247
impound the vehicle or conveyance or detain the animal. If the	248
director or histhe director's authorized representative	249
determines, during any detention or impoundment, that disposal of	250
the animal is necessary, hethe director or the director's	251
authorized representative may provide for its disposal in	252
accordance with section 941.043 of the Revised Code.	253

(D) The director or histhe director's authorized	254
representative, in performing hisofficial duties under this	255
section, may call on such law enforcement personnel and government	256
officials as are necessary to assist himprovide assistance. The	257
director or histhe director's authorized representative may	258
detain or follow any vehicle or conveyance until those persons	259
arrive.	260

(E) At the direction of the director and in histhe	261
director's discretion, an employee of the animal and plant health	262
inspection service-veterinary services in the United States	263
department of agriculture may be an authorized representative of	264
the director for purposes of this chapter.	265

Sec. 941.06.  (A) If any person has reason to suspect the	266
existence of a dangerously contagious or infectious disease or a	267
residue, hethe person immediately shall give notice of that fact	268
to the director of agriculture or to a licensed veterinarian.	269

(B) If a veterinarian receives notice of the existence or	270
suspected existence of a dangerously contagious or infectious	271
disease or a residue as provided in division (A) of this section,	272
hethe veterinarian immediately shall communicate that notice to	273
the director.	274

(C) No person shall sell, attempt to sell, keep with intent	275
to sell, or otherwise transfer to another person an animal that he	276
the person knows, or has reason to know, is infected with or	277
exposed to any dangerously contagious or infectious disease or a	278
disease of concern or is adulterated with a residue, except as	279
otherwise provided in this chapter or rules adopted under it.	280

Sec. 941.07.  (A)(1) When the director of agriculture is	281
notified by any person of the possibility of the existence of a	282
dangerously contagious or infectious disease or a residue, the	283
director immediately shall order an investigation to be made, in.	284
In order to conduct an investigation, the director or histhe	285
director's designee may quarantine the animal and, if hethe	286
director or the director's designee considers it necessary, the	287
geographic area in which the animal was located immediately, so	288
that hethe director or the director's designee is able to	289
inspect, examine, and test the animal and other animals within the	290
geographic area.	291

(2) When the director is notified by any person of the	292
possibility of the existence of a disease of concern, the director	293
may order an investigation to be made. In order to conduct an	294
investigation, the director or the director's designee may	295
quarantine the animal and, if the director or the director's	296
designee considers it necessary, the geographic area in which the	297
animal was located immediately so that the director or the	298
director's designee is able to inspect, examine, and test the	299
animal and other animals within the geographic area.	300

(B) Except as otherwise provided in this chapter, if, as the	301
result of the investigation, an animal is found to be infected	302
with or exposed to a dangerously contagious or infectious disease	303
or a disease of concern or adulterated with a residue, the	304
director or histhe director's authorized representative may issue	305
quarantine orders, without a prior hearing, pursuant to this	306
section in order to prevent dangerously contagious or infectious	307
diseases, diseases of concern, or residues from affecting other	308
animals in the state or the public health. No person shall fail to	309
comply with the terms and conditions of the quarantine order.	310

(C) No animal or its means of conveyance shall be brought to	311
or removed from the premises or geographic area disclosed in a	312
quarantine order without written permission from the director or	313
histhe director's authorized representative.	314

(D) The director, if possible, shall notify any person owning	315
or having custody of a quarantined animal either in person or by	316
certified mail, return receipt requested. Evidence of the	317
notification of a quarantine order shall be proved by affidavit or	318
by the certified mail return receipt. The director also may post	319
the quarantine order at two conspicuous places on the quarantined	320
premises.	321

(E) A quarantine order shall contain all of the following	322
information:	323

(1) The name and address of the person owning and having	324
custody of the quarantined animal, if known;	325

(2) A description of the quarantined animal;

326

(3) A description of the premises and means of conveyance	327
affected by the quarantine;	328

(4) The reason for the quarantine;

329

(5) The terms and conditions applicable to the quarantine;

330

(6) A notice to the effect that persons adversely affected by	331
the quarantine order may request a hearing to review the order.	332

(F) A person adversely affected by a quarantine order, within	333
thirty days after the order is issued, may request in writing a	334
hearing in accordance with Chapter 119. of the Revised Code. A	335
request for a hearing does not stay a quarantine order.	336

(G) A quarantine order shall remain in effect until a written	337
notice of release is issued by the department of agriculture, or	338
until ordered to be removed after a hearing under division (F) of	339
this section.	340

(H) All necessary and proper expenses incurred by the	341
director in the quarantine of an animal shall be paid by the	342
state. However, such expenses shall not include the maintenance,	343
feeding, and quartering of the animal while in quarantine.	344

(I) A copy of the results of any tests or method of detection	345
for a dangerously contagious or infectious disease or a disease of	346
concern, conducted by a person authorized by the department of	347
agriculture, shall be admitted in any court as prima-facie proof	348
of suchthose results when suchthe results are certified by the	349
department or authorized person.	350

Sec. 941.09.  (A) The director of agriculture may adopt and	351
enforce rules in accordance with Chapter 119. of the Revised Code	352
governing the identification of an animal tested for, vaccinated	353
against, or infected with a dangerously contagious or infectious	354
disease or a disease of concern or adulterated with a residue and	355
the importation, use, dispensation, and reporting of the use of	356
vaccines for mitigating dangerously contagious or infectious	357
diseases or diseases of concern or other treatments for residues.	358

(B) No person shall remove, alter, or replace an	359
identification that is required by federal or state law and is	360
placed upon an animal by a person authorized by the director.	361

Sec. 941.10.  (A) The director of agriculture may adopt and	362
enforce rules to govern the importation and movement of animals.	363

(B) Whenever the governor upon receipt of information from	364
the director believes that any condition or disease, including a	365
dangerously contagious or infectious disease or a disease of	366
concern present in any other state, territory, or country, may	367
endanger the health of livestock, animals, or persons of this	368
state, hethe governor may prohibit or regulate by proclamation,	369
the importation from suchthat other state, territory, or country,	370
of animals of a kind that could carry that disease or condition	371
into this state.	372

(C) No person shall import, move, sell, or dispose of any	373
animal contrary to a proclamation issued by the governor under	374
division (B) of this section, without first obtaining written	375
permission from the director.	376

(D) When an animal is moved into the state in violation of	377
any applicable federal or state law, the director or histhe	378
director's authorized representative, without prior hearing, may	379
take whichever of the following courses of action regarding the	380
animal as hethe director or the director's authorized	381
representative determines is most appropriate:	382

(1) Quarantine the animal until it is brought into	383
compliance;	384

(2) Order the animal returned to the point of origin;

385

(3) Order the animal moved to slaughter.

386

Sec. 941.11.  (A) Except as otherwise provided in this	387
chapter, the director of agriculture, without prior hearing, may	388
order the destruction of any domestic or nondomestic animal found	389
to be adulterated with residues, infected with or exposed to a	390
dangerously contagious or infectious disease, infected with or	391
exposed to a disease of concern, or determined to endanger the	392
health or well-being of animal populations or public health in the	393
state. If the director determines that seizure and destruction of	394
a nondomestic animal is necessary, hethe director shall	395
coordinate the seizure and destruction of that animal with the	396
department of natural resources.	397

(B) No person shall fail to comply with the director's order	398
to destroy an animal found to be infected with or exposed to a	399
dangerously contagious or infectious disease or a disease of	400
concern or adulterated with residues.	401

(C) The director, if possible, shall notify any person owning	402
or having custody of an animal ordered destroyed, either in person	403
or by certified mail, return receipt requested, prior to	404
destruction. Evidence of the notification of a destruction order	405
shall be proved by an affidavit or by the certified mail return	406
receipt.	407

(D) A destruction order shall contain all of the following	408
information:	409

(1) The name and address of the person owning and having	410
custody of the animal, if known;	411

(2) A description of the animal affected by the order;

412

(3) The reason for the order;

413

(4) A reasonable deadline for compliance with the order;

414

(5) A notice to the effect that any person adversely affected	415
by the destruction order may request a hearing to review the	416
order.	417

(E) A person adversely affected by an order may request in	418
writing, within thirty days after receiving the order, a hearing	419
in accordance with Chapter 119. of the Revised Code.	420

Sec. 941.14.  (A) The owner shall burn the body of an animal	421
that has died of, or been destroyed because of, a dangerously	422
infectious or contagious disease, bury it not less than four feet	423
under the surface of the ground, dissolve it by alkaline	424
hydrolysis, remove it in a watertight tank to a rendering	425
establishment, or otherwise dispose of it in accordance with	426
section 953.26 or 1511.022 of the Revised Code within twenty-four	427
hours after knowledge thereof or after notice in writing from the	428
department of agriculture.	429

(B) The owner of premises that contain a dead animal shall	430
burn the body of the animal, bury it not less than four feet	431
beneath the surface of the ground, dissolve it by alkaline	432
hydrolysis, remove it in a watertight tank to a rendering	433
establishment, or otherwise dispose of it in accordance with	434
section 953.26 or 1511.022 of the Revised Code within a reasonable	435
time after knowledge thereof or after notice in writing from the	436
department or from the township trustees of the township in which	437
the owner's premises are located.	438

(C) The director of agriculture may adopt rules in accordance	439
with Chapter 119. of the Revised Code establishing requirements	440
and procedures governing the disposal of the body of an animal	441
that has died of, or been destroyed because of, a disease of	442
concern.	443

(D) Notwithstanding division (A) or (B) of this section or	444
rules adopted under division (C) of this section, the director of	445
agriculture, in written notice sent to the owner of a dead animal,	446
may require the owner to employ a specific method of disposition	447
of the body, including burning, burying, rendering, composting, or	448
alkaline hydrolysis, when that method does not conflict with any	449
law or rule governing the disposal of infectious wastes and, in	450
the director's judgment, is necessary for purposes of animal	451
disease control. No person shall fail to employ the method of	452
disposition required under this division.	453

(D)(E) The director, in written notice sent to the owner of a	454
dead animal, may prohibit the owner from transporting the body of	455
the dead animal on any street or highway if that prohibition does	456
not conflict with any law or rule governing the transportation of	457
infectious wastes and, in the director's judgment, is necessary	458
for purposes of animal disease control. No person shall fail to	459
comply with a prohibition issued under this division.	460

(E)(F) As used in this section, "infectious wastes" has the	461
same meaning as in section 3734.01 of the Revised Code, and	462
"street" or "highway" has the same meaning as in section 4511.01	463
of the Revised Code.	464

Sec. 1327.46.  As used in sections 1327.46 to 1327.61 of the	465
Revised Code:	466

(A) "Weights and measures" means all weights and measures of	467
every kind, instruments and devices for weighing and measuring,	468
and any appliances and accessories associated with any such	469
instruments and devices, except that "weights and measures" shall	470
not be construed to include meters for the measurement of	471
electricity, gas, whether natural or manufactured, or water when	472
the same are operated in a public utility system. Such	473
electricity, gas, and water meters, and appliances or accessories	474
associated therewith, are specifically excluded from the purview	475
of the weights and measures laws.	476

(B) "Intrastate commerce" means all commerce or trade that is	477
begun, carried on, and completed wholly within the limits of this	478
state, and "introduced into intrastate commerce" defines the time	479
and place in which the first sale and delivery of a commodity is	480
made within the state, the delivery being made either directly to	481
the purchaser or to a common carrier for shipment to the	482
purchaser.	483

(C) "Package" means any commodity put up or packaged in any	484
manner in advance of sale in units suitable for either wholesale	485
or retail sale.	486

(D) "Consumer package" means a package that is customarily	487
produced or distributed for sale through a retail sales agency for	488
consumption by an individual or use by an individual.	489

(E) "Weight" as used in connection with any commodity means	490
net weight.	491

(F) "Correct" as used in connection with weights and measures	492
means conformity with all applicable requirements of sections	493
1327.46 to 1327.61 of the Revised Code and rules adopted pursuant	494
to those sections.	495

(G) "PrimaryReference standards" means the physical	496
standards of the state that serve as the legal reference from	497
which all other standards and weights and measures are derived.	498

(H) "SecondaryWorking standards" means the physical	499
standards that are traceable to the primaryreference standards	500
through comparisons, using acceptable laboratory procedures, and	501
used in the enforcement of weights and measures laws and rules.	502

(I) "Sale from bulk" means the sale of commodities when the	503
quantity is determined at the time of sale.	504

(J) "Net weight" means the weight of a commodity, excluding	505
any materials, substances, or items not considered to be a part of	506
the commodity. Materials, substances, or items not considered to	507
be part of the commodity include, but are not limited to,	508
containers, conveyances, bags, wrappers, packaging materials,	509
labels, individual piece coverings, decorative accompaniments, and	510
coupons.	511

(K) "Random weight package" means a package that is one of a	512
lot, shipment, or delivery of packages of the same commodity with	513
no fixed pattern of weights.	514

(L) "Sold" includes keeping, offering, or exposing for sale.

515

(M) "Commercially used weighing and measuring device" means a	516
device described in the national institute of standards and	517
technology handbook 44 or its supplements and revisions and any	518
other weighing and measuring device designated by rules adopted	519
under division (C) of section 1327.50 of the Revised Code.	520
"Commercially used weighing and measuring device" includes, but is	521
not limited to, a livestock scale, vehicle scale, railway scale,	522
vehicle tank meter, bulk rack meter, and LPG meter.	523

(N) "Livestock scale" means a scale equipped with stock racks	524
and gates that is adapted to weighing livestock standing on the	525
scale platform.	526

(O) "Vehicle scale" means a scale that is adapted to weighing	527
highway, farm, or other large industrial vehicles other than	528
railroad cars.	529

(P) "Railway scale" means a rail scale that is designed to	530
weigh railroad cars.	531

(Q) "Vehicle tank meter" means a vehicle mounted device that	532
is designed for the measurement and delivery of liquid products	533
from a tank.	534

(R) "Bulk rack meter" means a wholesale device, usually	535
mounted on a rack, that is designed for the measurement and	536
delivery of liquid products.	537

(S) "LPG meter" means a system, including a mechanism or	538
machine of the meter type, that is designed to measure and deliver	539
liquefied petroleum gas in the liquid state by a definite quantity	540
whether installed in a permanent location or mounted on a vehicle.	541

(T) "Service person" means an individual who installs,	542
services, repairs, reconditions, or places into service a	543
commercially used weighing and measuring device for any type of	544
compensation.	545

Sec. 1327.48.  Weights and measures that are traceable to the	546
United States prototype standards supplied by the federal	547
government, or approved as being satisfactory by the national	548
institute of standards and technology, shall be the state primary	549
reference standards of weights and measures, and shall be	550
maintained in such calibration as is prescribed by the national	551
institute of standards and technology. All secondaryworking	552
standards may be prescribed by the director of agriculture and	553
shall be verified upon their initial receipt, and as often as	554
found necessary by the director.	555

Sec. 1327.50.  The director of agriculture shall:

556

(A) Maintain traceability of the state standards to those of	557
the national institute of standards and technologyinternational	558
system of units;	559

(B) Enforce sections 1327.46 to 1327.61 of the Revised Code;

560

(C) Issue reasonable rules for the uniform enforcement of	561
sections 1327.46 to 1327.61 of the Revised Code, which rules shall	562
have the force and effect of law;	563

(D) Establish standards of weight, measure, or count,	564
reasonable standards of fill, and standards for the voluntary	565
presentation of cost per unit information for any package;	566

(E) Grant any exemptions from sections 1327.46 to 1327.61 of	567
the Revised Code, or any rules adopted under those sections, when	568
appropriate to the maintenance of good commercial practices in the	569
state;	570

(F) Conduct investigations to ensure compliance with sections	571
1327.46 to 1327.61 of the Revised Code;	572

(G) Delegate to appropriate personnel any of these	573
responsibilities for the proper administration of the director's	574
office;	575

(H) Test as often as is prescribed by rule the standards of	576
weight and measure used by any municipal corporation or county	577
within the state, and approve the same when found to be correct;	578

(I) Inspect and test weights and measures that are sold;

579

(J) Inspect and test to ascertain if they are correct,	580
weights and measures commercially used either:	581

(1) In determining the weight, measure, or count of	582
commodities or things sold on the basis of weight, measure, or	583
count;	584

(2) In computing the basic charge or payment for goods or	585
services rendered on the basis of weight, measure, or count.	586

(K) Test all weights and measures used in checking the	587
receipt or disbursement of supplies in every institution, for the	588
maintenance of which funds are appropriated by the general	589
assembly;	590

(L) Approve for use, and may mark, such weights and measures	591
as the director finds to be correct, and shall reject and mark as	592
rejected such weights and measures as the director finds to be	593
incorrect. Weights and measures that have been rejected may be	594
seized if not corrected within the time specified or if used or	595
disposed of in a manner not specifically authorized, and may be	596
condemned and seized if found to be incorrect and not capable of	597
being made correct.	598

(M) Weigh, measure, or inspect packaged commodities that are	599
sold or in the process of delivery to determine whether they	600
contain the amounts represented and whether they are sold in	601
accordance with sections 1327.46 to 1327.61 of the Revised Code or	602
rules adopted under those sections. In carrying out this section,	603
the director shall employ recognized sampling procedures, such as	604
those designated in the national institute of standards and	605
technology handbook 133 "checking the net contents of packaged	606
goods."	607

(N) Prescribe by rule the appropriate term or unit of weight	608
or measure to be used, whenever the director determines in the	609
case of a specific commodity that an existing practice of	610
declaring the quantity by weight, measure, numerical count, or	611
combination thereof, does not facilitate value comparisons by	612
consumers, or offers an opportunity for consumer confusion;	613

(O) Allow reasonable variations from the stated quantity of	614
contents, which shall include those caused by unavoidable	615
deviations in good manufacturing practice and by loss or gain of	616
moisture during the course of good distribution practice, only	617
after the commodity has entered intrastate commerce;	618

(P) Provide for the weights and measures training of	619
inspector personnel and establish minimum training requirements,	620
which shall be met by all inspector personnel, whether county,	621
municipal, or state;	622

(Q) Prescribe the methods of tests and inspections to be	623
employed in the enforcement of sections 1327.46 to 1327.61 of the	624
Revised Code. The director may prescribe the official test and	625
inspection forms to be used.	626

(R) Provide by rule for voluntary registration with the	627
director of privateservice persons who are employed by	628
commercially used weighing and measuring device servicing	629
agencies, and personnel;	630

(S) In conjunction with the national institute of standards	631
and technology, operate a type evaluation program for	632
certification of weighing and measuring devices as part of the	633
national type evaluation program. The director shall establish a	634
schedule of fees for services rendered by the department of	635
agriculture for type evaluation services. The director may require	636
any weighing or measuring instrument or device to be traceable to	637
a national type evaluation program certificate of conformance	638
prior to use for commercial or law enforcement purposes.	639

(T) Verify advertised prices, price representations, and	640
point-of-sale systems, as necessary, to determine both the	641
accuracy of prices and computations and the correct use of the	642
equipment and the accuracy of prices printed or recalled from a	643
database if a system utilizes scanning or coding in lieu of manual	644
entry. In order to implement this division, the director shall do	645
all of the following:	646

(1) Employ recognized procedures such as those designated in	647
the national institute of standards and technology handbook 130,	648
uniform laws and regulations, "examination procedures for price	649
verification";	650

(2) Adopt rules establishing requirements governing the	651
accuracy of advertised prices and point-of-sale systems and	652
establishing requirements and procedures for the enforcement of	653
this division;	654

(3) Conduct necessary inspections.

655

Sec. 1327.501.  (A) No person shall operate in this state a	656
commercially used weighing and measuring device that provides the	657
final quantity and finalor cost of a final transaction and for	658
which a fee is established in division (G) of this section unless	659
the operator of the device obtains a permit issued by the director	660
of agriculture or the director's designee.	661

(B) An application for a permit shall be submitted to the	662
director on a form that the director prescribes and provides. The	663
applicant shall include with the application any information that	664
is specified on the application form as well as the application	665
fee established in this section.	666

(C) Upon receipt of a completed application and the required	667
fee from an applicant, the director or the director's designee	668
shall issue or deny the permit to operate the commercially used	669
weighing and measuring device that was the subject of the	670
application.	671

(D) A permit issued under this section expires on the	672
thirtieth day of June of the year following its issuance and may	673
be renewed annually on or before the first day of July of that	674
year upon payment of a permit renewal fee established in this	675
section.	676

(E) If a permit renewal fee is more than sixty days past due,	677
the director may assess a late penalty in an amount established	678
under this section.	679

(F) The director shall do both of the following:

680

(1) Establish procedures and requirements governing the	681
issuance or denial of permits under this section;	682

(2) Establish late penalties to be assessed for the late	683
payment of a permit renewal fee and fees for the replacement of	684
lost or destroyed permits.	685

(G) An applicant for a permit to operate under this section	686
shall pay an application fee in the following applicable amount:	687

(1) Seventy-five dollars for a livestock scale;

688

(2) Seventy-five dollars for a vehicle scale;

689

(3) Seventy-five dollars for a railway scale;

690

(4) Seventy-five dollars for a vehicle tank meter;

691

(5) Seventy-five dollars for a bulk rack meter;

692

(6) Seventy-five dollars for aan LPG meter.

693

A person who is issued a permit under this section and who	694
seeks to renew that permit shall pay an annual permit renewal fee.	695
The amount of a permit renewal fee shall be equal to the	696
application fee for that permit established in this division.	697

(H) All money collected through the payment of fees and the	698
imposition of penalties under this section shall be credited to	699
the metrology and scale certification and device permitting fund	700
created in section 1327.511 of the Revised Code.	701

Sec. 1327.502.  A service person who is employed by a	702
commercially used weighing and measuring device servicing agency	703
shall register with the director of agriculture in accordance with	704
rules adopted under section 1327.50 of the Revised Code.	705

Sec. 1327.61.  No person shall do any of the following:

706

(A) Use or have in possession for use in commerce any	707
incorrect weight or measure;	708

(B) Wrap, package, label, or advertise any product or service	709
contrary to this chapter, or any rules adopted under it, or sell,	710
offer, hold, or expose for sale any service or product wrapped,	711
packaged, labeled, or offered for sale contrary to this chapter or	712
any rules adopted under it, or misrepresent the quantity or price	713
or service contrary to this chapter, or any rules adopted under	714
it;	715

(C) Remove any tag, seal, or mark from any weight or measure	716
without specific written authorization from the proper authority;	717

(D) Install for use, repair, service, or place into service a	718
commercially used weighing and measuring device unless the	719
installation, repair, service, or placement is performed by one of	720
the following:	721

(1) A department of agriculture division of weights and	722
measures inspector;	723

(2) A service person registered with the department;

724

(3) A county or municipal weights and measures inspector.

725

(E) Hinder or obstruct any weights and measures official in	726
the performance of hisofficial duties;	727

(E)(F) Sell or offer for use in commerce any incorrect weight	728
or measure.	729

Sec. 1327.99.  Whoever violates section 1327.501 or 1327.54	730
or division (A), (B), (C), (D), or (D)(E) of section 1327.61 of	731
the Revised Code or a rule adopted under sections 1327.46 to	732
1327.61 of the Revised Code is guilty of a misdemeanor of the	733
second degree on a first offense; on each subsequent offense	734
within seven years after the first offense, suchthe person is	735
guilty of a misdemeanor of the first degree.	736

Sec. 4707.02. (A) No person shall act as an auction firm,	737
auctioneer, apprentice auctioneer, or special auctioneer within	738
this state without a license issued by the department of	739
agriculture. No auction shall be conducted in this state except by	740
an auctioneer licensed by the department.	741

The department shall not issue or renew a license if the	742
applicant or licensee has been convicted of a felony or crime	743
involving fraud or theft in this or another state at any time	744
during the ten years immediately preceding application or renewal.	745

(B) Division (A) of this section does not apply to any of the	746
following:	747

(1) Sales at auction that either are required by law to be at	748
auction, other than sales pursuant to a judicial order or decree,	749
or are conducted by or under the direction of a public authority;	750

(2) The owner of any real or personal property desiring to	751
sell the property at auction, provided that the property was not	752
acquired for the purpose of resale;	753

(3) An auction mediation company;

754

(4) An auction that is conducted in a course of study for	755
auctioneers that is approved by the state auctioneers commission	756
created under section 4707.03 of the Revised Code for purposes of	757
student training and is supervised by a licensed auctioneer;	758

(5)(a) An auction that is sponsored by a nonprofit or	759
charitable organization that is registered in this state under	760
Chapter 1702. or Chapter 1716. of the Revised Code, respectively,	761
if the auction only involves the property of the members of the	762
organization and the auction is part of a fair that is organized	763
by an agricultural society under Chapter 1711. of the Revised Code	764
or by the Ohio expositions commission under Chapter 991. of the	765
Revised Code at which an auctioneer who is licensed under this	766
chapter physically conducts the auction; or	767

(b) Sales at an auction sponsored by a charitable, religious,	768
or civic organization that is tax exempt under subsection	769
501(c)(3) of the Internal Revenue Code, or by a public school,	770
chartered nonpublic school, or community school, if no person in	771
the business of organizing, arranging, or conducting an auction	772
for compensation and no consignor of consigned items sold at the	773
auction, except such organization or school, receives compensation	774
from the proceeds of the auction. As used in division (B)(5)(b) of	775
this section, "compensation" means money, a thing of value other	776
than participation in a charitable event, or a financial benefit.	777

(6) A person licensed as a livestock dealer under Chapter	778
943. of the Revised Code who exclusively sells livestock and uses	779
an auctioneer who is licensed under this chapter to conduct the	780
auction;	781

(7) A person licensed as a motor vehicle auction owner under	782
Chapter 4517. of the Revised Code who exclusively sells motor	783
vehicles to a person licensed under Chapter 4517. of the Revised	784
Code and who uses an auctioneer who is licensed under this chapter	785
to conduct the auction;	786

(8) A person who sellsSales of real or personal property	787
conducted by means of the internet, provided that they are not	788
conducted in conjunction with a live auction;	789

(9) A bid calling contest that is approved by the commission	790
and that is conducted for the purposes of the advancement or	791
promotion of the auction profession in this state, provided that	792
no compensation is paid to the sponsor of or participants in the	793
contest other than a prize or award for winning the contest;	794

(10) An auction at which the champion of a national or	795
international bid calling contest appears, provided that both of	796
the following apply:	797

(a) The champion is not paid a commission.

798

(b) The auction is conducted under the direct supervision of	799
an auctioneer licensed under this chapter in order to ensure that	800
the champion complies with this chapter and rules adopted under	801
it.	802

(C)(1) No person shall advertise or hold oneself out as an	803
auction firm, auctioneer, apprentice auctioneer, or special	804
auctioneer without a license issued by the department of	805
agriculture.	806

(2) Division (C)(1) of this section does not apply to an	807
individual who is the subject of an advertisement regarding an	808
auction conducted under division (B)(5)(b) of this section.	809

Sec. 6109.20.  (A) The director of environmental protection	810
shall adopt rules in accordance with Chapter 119. of the Revised	811
Code that establish requirements for public water systems to	812
achieve optimal levels of fluoride in water supplied by those	813
water systems. The director shall ensure that the rules are	814
consistent with the fluoride levels for public water systems	815
specified in the United States department of health and human	816
services' "Recommendation for fluoride concentration in drinking	817
water for prevention of dental caries."	818

(B) If the natural fluoride content of water supplied by a	819
public water system that supplies water to five thousand or more	820
persons is less than the content level established by the	821
director, fluoride shall be added to the water to attain the	822
established content level.	823

Section 2.  That existing sections 901.23, 921.12, 941.01,	824
941.03, 941.04, 941.06, 941.07, 941.09, 941.10, 941.11, 941.14,	825
1327.46, 1327.48, 1327.50, 1327.501, 1327.61, 1327.99, and 4707.02	826
and section 6109.20 of the Revised Code are hereby repealed.	827

Section 3. The member who is serving on the Farmland	828
Preservation Advisory Board on the effective date of this section	829
who was appointed under division (A)(3) of section 901.23 of the	830
Revised Code as that section existed prior to its amendment by	831
this act shall continue serving on the Board until the end of the	832
term for which the member was appointed. The Director of	833
Agriculture then shall appoint a member of the Board under	834
division (A)(3) of that section as amended by this act.	835