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Administrative Rules
The Ohio Revised Code (ORC) requires and authorizes the Ohio Department of Agriculture (ODA) to adopt administrative code rules.

Stakeholder Review

Within the rulemaking process, ODA’s goal to ensure that its administrative rules further ODA’s mission, function within the regulated community, and do not overly burden business. To accomplish this, ODA works very closely with its regulated community and stakeholder groups in the rule making process.

When proposing new or amended rules, ODA sends the rules to its stakeholder groups to obtain input. ODA seeks involve stakeholder groups representative of the diverse interests of people most directly affected by the proposed rules. Once stakeholder review is complete, ODA will submit the rules to the Common Sense Initiative for review.

Below please find the rules, and their supporting documentation, that have been submitted to stakeholders for their review:

Animal Health – Livestock Marketing – OAC 901:1-23

The rules in Chapter 901:1-23 of the Ohio Administrative Code regulate the sale and marketing of porcine animals at livestock markets. More specifically, the rules establish requirements for pseudorabies testing in these animals.

Pseudorabies which is designated under section 901:1-21-02 of the Ohio Administrative Code (OAC) as dangerously contagious and infectious. Pursuant to authority in section 941.02 of the Ohio Revised Code, the Director of Agriculture has authority to use all proper means in the prevention and eradication of infectious and contagious diseases which pose a threat to public health or animal health. These rules are presented as no change rules. 

The federal government has proposed new rules regarding pseudorabies however; these rules have been in draft form for over two years. The rules in this Chapter are up for five year rule review. Once amended by the federal government, these rules will be re-reviewed.

On August 10, 2018, the rules were submitted to stakeholders. The stakeholder comment period ended on May 28, 2018, and the Department is reviewing the comments submitted.

Below please find a copy of the proposed rules:

Proposed Rules

Even though the stakeholder comment period has closed, please click here to submit comments.

Food Safety – Shellfish Rules – OAC 901:3-8

The rules in Chapter 901:3-8 of the Ohio Administrative Code have been reviewed by the Department pursuant to the Five-Year Rule Review. The rules in this chapter regulate the sanitary control of shellfish produced and sold for human consumption. The Department has reviewed the rules and have proposed no changes at this time.

On June 13, 2018, the rules were submitted to stakeholders. The Stakeholder comment period ended on June 29, 2018, and the Department is reviewing the comments submitted.

Below please find a copy of the proposed rules:

Proposed Rules

Even though the stakeholder comment period has closed, please click here to submit comments.

Meat Inspection - Five Year Rule Review - OAC 901:2-1; 901:2-3; 901:2-6; and 901:2-7

The rules in this package adopt and amend the federal meat inspection regulations of the United States Department of Agriculture (USDA) pursuant to the Federal Meat Inspection Act, the Wholesome Meat Act, and the Livestock Slaughter Act. Pursuant to 918.04 of the Ohio Revised Code, the Ohio Department of Agriculture (Department) shall adopt rules which meet or exceed the federal requirements for meat inspection. The rules set forth in this package update the rules to meet the 2018 federal meat inspection requirements as well as clarify the existing portions of the law to ensure that all interested parties are able to read, understand, and follow the laws. 

Currently, the Department maintains four chapters of Administrative Code rules regarding meat inspection. OAC Chapter 901:2-1 regulates the intrastate production of red meat. OAC Chapter 901:2-3 regulates the intrastate production of poultry products. OAC Chapter 901:2-6 regulates the interstate production of red meat. OAC Chapter 901:2-7 regulates the interstate production of poultry products. 

As a part of the five-year rule review process, the Department elected to combine the interstate and intrastate chapters. This will allow the regulated community to rely on one chapter of rules rather than two. Due to this change, OAC Chapters 901:2-6 and 901:2-7 are proposed to be rescinded. The applicable provisions have been included in 901:2-1 and 901:2-3, respectively. In addition, minor substantive changes have been made to OAC Chapters 901:2-1 and 901:2-3. 

On September 17 2018, the rules were submitted to stakeholders. A stakeholder comment period will be open until October 1, 2018.

Below please find a copy of the proposed rules:

OAC Chapter 901:2-1 Red Meat

OAC Chapter 901:2-3 Poultry

OAC Chapter 901:2-6 Rescinded Red Meat Rules

OAC Chapter 901:2-7 Rescinded Poultry Rules

If you are interested in submitting comments to the Department regarding this rule package please click here.

Plant Health – Testing of Seeds – OAC 901:5-27

The rules of this chapter are up for five year rule review and regulate the methods of inspecting, sampling, analyzing, testing and examining agricultural, flower, and vegetable seed in the state. The rules have been reviewed by the Department and have a few proposed changes. First, the rules update the “Rules for Testing Seed” as published by the Association of Official Seed Analysts. Secondly, seven new species have been proposed to be added to the list of “prohibited noxious weed seed” list. Specifically, Poison hemlock, Russian thistle, Wild Parsnip, Cressleaf groundsel, Mile-a-Minute weed, Marestail, and Japanese knotweed. Poison hemlock is currently on the “restricted noxious weed seed” list however it has been elevated to the prohibited list. Finally, Palmer amarantha has been amended to include all species of Amaranthus.

On February 6, 2018, the rules were submitted to stakeholders. The stakeholder comment period ended on May 28, 2018, and the Department is reviewing the comments submitted.

Below please find a copy of the proposed rules:

Proposed Rules

Even though the stakeholder comment period has closed, please click here to submit comments.

Soil and Water Conservation – Watersheds in Distress - OAC 901:13-1

The State of Ohio has long considered water quality as a top priority.  The original rules on Watersheds in Distress were adopted in 2010, and the Grand Lake St. Marys watershed was designated as “distressed” in early 2011.  The administration, originally through the Department of Natural Resources, and now the Department of Agriculture (Department), enacted and continues to enforce these regulations with careful and deliberate action at Grand Lake St. Marys.  As you will see in the proposed rule, the Department will ensure that cooperative practice continues for future watersheds designated as “distressed”.

Ohio has invested more than $3 billion since July 2011 in Lake Erie and its watershed to improve drinking water and wastewater facilities, monitor water quality, plant cover crops, recycle dredge material, install controlled drainage structures on farm fields and fix faulty septic systems.   Ohio sees this challenge as not caused by a single contributing source, but an effort to address all types of contributing nutrient sources to improve water quality.

Due to the presence of harmful algae blooms (HABs), Ohio Environmental Protection Agency’s 2018 Integrated Water Quality Report declared the Western Basin of Lake Erie “impaired”, and amended its 2016 report to say the same. It has become clear that focusing solely on manure-based nutrient management plans for watersheds in distress limits the distress designation to only one type of agriculture nutrient source, and all agriculture-based nutrient sources should be considered.  The Department views this rule package as the proper next step to help improve watersheds designated as “distressed”.  

On July 11, 2018, Governor Kasich signed an executive order which instructed the Ohio Department of Agriculture, Ohio Department of Natural Resources, and the Ohio Environmental Protection Agency to recommend a rule package that establishes nutrient management requirements for all agricultural nutrient sources. These rules, as outlined below, will build upon our previous discussions that began last October.  These rules will help to further reduce nutrient runoff from watersheds and improve water quality in those bodies of water that have been designated as “distressed.” 

On August 6, 2018, the Ohio Department of Agriculture submitted for public comment proposed rule package “Soil and Water Conservation – Watersheds in Distress - OAC 901:13-1.”  The public comment period closed on August 17, 2018 and since that time, the Department has carefully reviewed all the comments submitted.  

Support was voiced from certain stakeholders regarding the anticipated positive impact on the health of Lake Erie that would result from the rules’ enactment.  Other stakeholders raised concerns that the rule package did not go far enough to regulate and restrict agricultural practices that are impacting Lake Erie’s health.  Others raised concerns with the anticipated costs and impact to industry of complying with the new regulations, their clarity, and the Department’s capacity to implement them.
 
After review and consideration of the public’s comments, the Department amended the proposed rule package and, on August 27, 2018, resubmitted it for additional public comment.  Highlights of the Department’s revisions include the following changes:
  1. Make the proposed rule mirror the existing standards in the Revised Code that govern the application of manure and fertilizer on frozen, snow-covered and rain-soaked ground in the Western Basin.  These standards were enacted in Senate Bill 1 of the 131st General Assembly;
  2. Remove the manure application prohibition window for Grand Lake Saint Marys;
  3. Give the Director more flexibility in establishing the deadline for the submission and approval of nutrient management plans;
  4. Allow farmers to attest to the completion of their nutrient management plans by the deadline, while maintaining Ohio Department of Agriculture oversight to verify the completion and incorporation of a nutrient management plan.
Items “3” and “4” are designed to assist both farmers and Ohio Department of Agriculture in the development of nutrient management plans.  The director will have the authority to allow up to three years to craft nutrient management plans and to stagger the implementation deadlines of nutrient management plans.  This is designed to create flexibility in the crafting of nutrient management plans and ease the concern raised in comments of the capacity to handle distressed designations.  Additionally, out of the comments raised on the department’s ability to handle a large influx of nutrient management plans after a designation, the department will move to adopt an attestation mechanism of approval of nutrient management plans, with the ability to request a plan at its discretion, subject to civil penalties if out of compliance.   This mechanism is not dissimilar to other regulatory methods, such as auto insurance verification.  
 
Members of the public are invited to submit comments on the revised proposed rule package through September 7, 2018.  If you are interested in submitting comments to the Department regarding this rule package please click here. Please note that while the stakeholder comment period is scheduled to end on September 7, 2018, there will be additional opportunities to provide comments, both in person and in writing, throughout the remainder of this process.

The rules and their proposed amendments are outlined below:

OAC 901:13-1-11 sets forth the rules and requirements for the land application of animal manure and nutrients in the state of Ohio. More specifically, the rule currently requires all Ohio farms to follow the conservation practices found in the relevant U.S. Department of Agriculture (USDA) “Field Office Technical Guide,” also known as the “590 standards,” developed by USDA’s Natural Resources Conservation Service. Farms within watersheds that have been designated as distressed are subject to the enforcement of 590 standards even if they have not experienced a discharge to waters of the state, and farms outside of watersheds that have been designated as distressed are subject to enforcement of 590 standards only if they experience a discharge. 

The proposed rule amendments would delay non-discharge enforcement of 590 standards in watersheds in distress to give farms sufficient time to comply. Finally, the proposed rules now mirror the existing standards in the Revised Code that govern the application of manure and fertilizer on frozen, snow-covered and rain-soaked ground in the Western Basin.  These standards were enacted in Senate Bill 1 of the 131st General Assembly. Further, the proposed rule removes the manure application prohibition window for Grand Lake Saint Marys.

OAC 901:13-1-19 outlines the nutrient management planning requirements for watersheds in distress. The rule has been amended to require all owners, operators, or persons responsible for applying nutrients on more than fifty acres on an annual basis within a watershed in distress to develop a nutrient management plan in accordance with the rule. The rule outlines the information that must be included within the nutrient management plan. 

OAC 901:13-1-20 states that the director may designate watersheds in distress. No changes have been proposed to this rule.

OAC 901:13-1-99 establishes the schedule of civil penalties for violations to Chapter 901:13-1 of the Ohio Administrative Code. The rule has been amended to update a paragraph reference due to the proposed amendments to OAC 901:13-1-19.

Below please find a copy of the proposed rules:

Proposed rules

Again if you are interested in submitting comments to the Department regarding this rule package please click here.

Public Comment Period and CSI Review

On January 10, 2011, Governor Kasich issued Executive Order 2011-01K which established the Common Sense Initiative.  As stated by Lt. Governor Mary Taylor, CSI was launched to reform Ohio’s regulatory policies to help make Ohio a jobs and business-friendly state. In order to meet the requirements of the CSI process, ODA shall review all rules that may have an adverse impact on business.

An adverse impact on business may result when a rule: requires a license, permit or prior authorization to engage in business; imposes a penalty or sanction for failure to comply with the rule; or requires specific expenditures or the report of information as a condition of compliance with the rule. ODA is required to conduct a business impact analysis (BIA) and submit the proposed rule and its BIA to CSI for review.

Upon submitting the rules to CSI, ODA simultaneously opens the rules for public comment. This invites interested members of the public to submit written comments to either ODA or CSI regarding the proposed rules during a specific period of time. ODA reviews all comments carefully and will make changes if deemed necessary.

Once CSI has completed its review of ODA’s proposed rule actions, ODA is provided with a recommendation that either suggests changes to the rules based on public comments or formally filing with the Joint Committee on Agency Rule Review. Below please find the rules, and their supporting documentation, that are open for public comment and have been sent to CSI for review:

Administration - Livestock Funds - OAC 901-14-01

Pursuant to Ohio Revised Code 901.42, the Ohio Department of Agriculture shall adopt rules to establish procedures for the allocation of and distribution of financial assistance for livestock exhibitions at the Ohio exposition center. Ohio Administrative Code 901-14-01 sets forth these procedures. The rules are being proposed as not requiring amendment. 

There have been no funds appropriated to the Department for these claims in several years. However, due to the continued existence of Revised Code section 901.42, the Department is required to maintain these administrative rules.

The public comment period opened on June 18, 2018 and was open until July 6, 2018. The Department did not receive any comments and is awaiting CSI's report and recommendation.

Below please find a copy of the proposed rules, the business impact analysis, and the request for public comment: 

Proposed Rules

Business Impact Analysis

Request for Public Comment

Even though the public comment period has closed, please click here to submit comments.

Amusement Ride Safety – Bungee Jumps – OAC 901:9-1-(21-41)

The Ohio Department of Agriculture, Division of Amusement Ride Safety inspects all amusement rides, including bungee jump amusement rides, that operate in the state of Ohio. The Department’s inspectors work to assure compliance with Ohio’s laws and rules and to ensure that rides are have been assembled and are being operated in a safe manner. 

The rules in this package regulate bungee jump amusement rides in the state. These rules are up for five-year rule review. The Department has reviewed and made minor changes to these rules. Specifically, OAC 901:9-1-21 was amended to incorporate definitions ANSI and ASTM in order to comply with the incorporation by reference rules. Further, rules were amended to ensure that defined terms were used correctly throughout the rules. Finally, ANSI and ASTM references were updated to reflect the more current and correct version of these standards. 

On May 3, 2018, the Advisory Council on Amusement Ride Safety formally reviewed and approved the rules.

On May 9, 2018, the rules were sent to CSI and opened for public comment however, a technical error may have prevented the rules from being sent to all interested parties. As a result, on June 22, 2018, the Department re-opened the public comment period. The comment period was open until July 6, 2018. No comments were received. ODA is now awaiting CSI's report and recommendation.

Below please find a copy of the proposed rules, the business impact analysis, and the request for public comment: 

Proposed Rules

Business Impact Analysis

Request for Public Comment

Even though the public comment period has closed, please click here to submit comments.

Animal Health – Dangerous Wild Animal Review – OAC 901:1-4

On September 5, 2012, Senate Bill 310 of the 129th General Assembly became effective. Senate Bill 310 was more commonly referred to as the Dangerous Wild Animal and Restricted Snake Act which regulated the possession of dangerous wild animals and restricted snakes in the state of Ohio. Chapter 901:1-4 of the Administrative Code was established pursuant to SB 310.
 
The rules in this chapter set forth regulatory requirements to protect the public from the dangers posed by the possession of dangerous wild animals and restricted snakes, as well as to ensure the care for these animals.  The protection includes mandating the use of safe housing, ensuring owners have the requisite knowledge to care for the animals, appropriate recordkeeping, and adequate sanitary conditions to prevent the spread of disease and infection. 

ODA is proposing to make small, clarifying changes which should help with compliance and comprehension. For example, OAC 901:1-4-01.1 is proposed to amend the meaning of cantilever fencing to include an additional option of “at least two high tension cables with a separate electrified top wire. If used, these cables must be evenly spaced to prevent escape.” OAC 901:1-4-09 is proposed to be amended to clarify that several non-human primate species may have perimeter fencing on either side of the vertical posts. Recordkeeping changes have been proposed to OAC 901:1-4-10. Specifically, all records required to be kept by ORC 935.15(A) shall be submitted to ODA within thirty days. Finally, a new rule has been proposed which governs the application process for restricted snakes.

On April 30, 2018, the rules were submitted to stakeholders and all current permit holders. The Stakeholder comment period ended on May 28, 2018. Based on comments received, the Department amended standards of care for elephants found in OAC 901:1-4-06. On June 11, 2018, the rules were sent to CSI. A public comment period was open until June 29, 2018. No comments were received. ODA is now awaiting CSI’s report and recommendation.

Below please find a copy of the proposed rules, the business impact analysis, and the request for public comment: 

Proposed Rules

Business Impact Analysis

Request for Public Comment

Even though the public comment period has closed, please click here to submit comments.

Animal Health - Scrapie - OAC 901:1-13

The rules in Chapter 901:1-13 of the Ohio Administrative Code have been reviewed by the Department pursuant to the Five-Year Rule Review. OAC 901:1-13 regulates the disease known as Scrapie which is designated under OAC 901:1-21-02 as a dangerously contagious or infectious disease. Pursuant to authority in section 941.02 of the Ohio Revised Code, the Director of Agriculture has authority to use all proper means in the prevention and eradication of infectious and contagious diseases which pose a threat to public health or animal health. 

These rules are modeled from the United States Department of Agriculture's National Scrapie Eradication program. On September 10, 2015, USDA published a proposed rule in the Federal Register to amend the regulations for this program.  The comment period closed December 9, 2015.  The Final Rule is being drafted. USDA believes the update to the program will result in a more effective disease eradication program, with a more flexible approach to disease investigations and affected flock management and more consistent animal identification and recordkeeping requirements. Due to the pending rule changes on the federal level, ODA has yet to file these rules, however to comply with five-year rule review requirements, ODA has proposed to file these rules as no-change rules.

On June 13, 2018, the rules were submitted to stakeholders. The stakeholder comment period was open until June 29, 2018. The Department did not receive any comments. 

On July 9, 2018, the rules were opened for public comment and sent to CSI.  A public comment period was open until July 27, 2018. No comments were made. ODA now awaits CSI’s report and recommendation.

Below please find a copy of the proposed rules, the business impact analysis, and the request for public comment: 

Proposed Rules

Business Impact Analysis

Request for Public Comment

Even though the public comment period has closed, please click here to submit comments.

Plant Health – Pesticides – OAC 901:5-11-(01 & 10)

OAC 901:5-11-(01 & 10) have been reviewed in accordance with Chapter 119 of the Revised Code and the five-year rule review process.

Specifically, OAC 901:5-11-01 outlines the definitions as used in the chapter. The rule is being amended to comply with the incorporation by reference requirements in order to add an effective date to the Federal Insecticide, Fungicide, and Rodenticide Act. Additionally, the definitions of several pesticide use categories have been amended to clarify that these pesticide categories do not include the use of fumigants. Finally, the definition of “anti-siphon device” has been amended to include the statement, “physical air gap of at least two times the diameter of the point of discharge between the water supply and the highest portion of the tank.” This amendment was made to prevent contamination of the water source.

OAC 901:5-11-10 has been amended to relieve recording unnecessary data during pesticide applications. The current rule separates recordkeeping requirements based on the area where an applicator was applying pesticides. The breakdown resulted in situations where applicators were required to record wind direction and velocity during applications that could not be impacted by wind direction or velocity. The proposed rule seeks to correct this unnecessary recordkeeping requirement.

On June 28, 2018, the rules were submitted to stakeholders. The stakeholder comment period ended on July 19, 2018, and the Department worked with stakeholders to amend the definition of "anti-siphon device." On September 18, 2018, the rules were submitted to CSI. The public comment period will be open until October 1, 2018. 

Below please find a copy of the proposed rules, business impact analyis, and request for public comment:

Proposed Rules

Business Impact Analysis

Request for Public Comment

If you are interested in submitting comments to the Department regarding this rule package please click here.

Plant Health – Raspberry and Strawberry Certification – OAC 901:5-39 & 41

OAC 901:5-39-01 and 901:5-41-01 has been reviewed in accordance with Chapter 119 of the Revised Code and is being proposed to be rescinded. Currently, the rule regulates and establishes the process for the certification of raspberry and strawberry plants, respectively. Certified raspberry and strawberry plants are those that have been inspected to ensure that the plants are free from disease and are of a pure variety. ODA has reviewed the rule and determined that it can be rescinded. ODA typically handles certification through other methods such as a compliance agreement. Further, the certification has not been utilized in a significant number of years.

On May 16, 2018, the rules were sent to stakeholders. The stakeholder comment period ended on June 6th. The Department did not receive any comments. On June 29, 2018, the rules were opened for public comment and sent to CSI. The public comment period was until July 20, 2018. No comments were made. ODA now awaits CSI’s report and recommendation.

Below please find a copy of the proposed rules, the business impact analysis, and the request for public comment: 

Proposed Rules

Business Impact Analysis

Request for Public Comment

Even though the public comment period has closed, please click here to submit comments.

Plant Health – Harmful Plant Pests – OAC 901:5-42-01

OAC 901:5-42-01 establishes a list of animal species which have been designated as destructive or dangerously harmful plant pests. The list of animals is limited to: racoon dogs, monk parakeets, and blacktail prarie dogs. According to ORC 927.70, no person shall permit any plant pest to exist in or on the person's premises unless otherwise permitted by rule. The rule has been reviewed by the Department and is presented with amendments which should allow for easier comprehension.

On August 10, 2018, the rules were submitted to stakeholders. The stakeholder comment period closed on August 24, 2018. ODA did not receive any comments during this period. On September 11, 2018, the rules were sent to CSI. A public comment period will be open until September 24, 2018.

Below please find a copy of the proposed rules, business impact analysis, and request for public comment:

Proposed Rules

Business Impact Analysis

Request for Public Comment

If you are interested in submitting comments to the Department regarding this rule package please click here.

Soil and Water – Notice and Elections – OAC 901:13-2&3

The rules in Chapters 901:13-2&3 of the Ohio Administrative Code outline the standards for meeting notices and elections to local Soil and Water Conservation Districts. These rules are up for five year rule review. This Chapter is up for five year rule review. The Department carefully reviewed the proposed rules and, with the conditional approval of the Ohio Soil and Water Conservation Commission, has proposed to amend these rules in order to clean up potential ambiguities, help with reader comprehension, and streamline the election process. 

On April 26, 2018, these rules were conditionally approved by the Ohio Soil and Water Conservation Commission. On April 27, 2018, the rules were submitted to stakeholders for their review. The Department received a number of comments from individual Soil and Water Conservation Districts. The Department amended the rules to allow the District's flexibility in scheduling an absentee voting period. The Department resubmitted the rules to the Districts on June 27, 2018 and required all comments to be submitted by July 12, 2018. 

On July 18, 2018, the rules were opened for public comment and submitted to CSI. The public comment period closed on August 6, 2018. ODA is now working to review the comments which were submitted.

Below please find a copy of the proposed rules, the business impact analysis, and the request for public comment: 

Proposed Rules

Business Impact Analysis

Request for Public Comment

Even though the public comment period has closed, please click here to submit comments.

Weights & Measures - Registered Servicepersons - OAC 901:6-8

Pursuant to House Bill 131 of the 131st General Assembly, all servicepersons employed by a commercially used weighing and measuring device servicing agency shall register with the Ohio Department of Agriculture. A serviceperson is any individual who installs, services, repairs, or reconditions, for hire, award, commission, or any other payment of kind, a commercial weighing or measuring device. The rules in this package have been proposed to fulfill this new requirement.

More specifically, the rules establish the application and examination process for servicepersons, recordkeeping requirements, testing requirements for weights and measures standards, and prohibitions regarding security seals. Additionally, the rules establish a voluntary registration for service agencies.

On June 21, 2018, the rules were submitted to stakeholders. The stakeholder comment period was open until July 11, 2018.  The Department received a small number of comments. The Department reviewed the comments and incorporated two of the three submissions. On July 16, 2018, the rules were opened for public comment and submitted to CSI. The public comment period was open until August 6, 2018. No comments were received. ODA now awaits CSI’s report and recommendation.

Below please find a copy of the proposed rules, the business impact analysis, and the request for public comment: 

Proposed Rules

Business Impact Analysis

Request for Public Comment

Even though the public comment period has closed, please click here to submit comments.

JCARR

The Joint Committee on Agency Rule Review (JCARR) is a legislative committee consisting of members from the Ohio Senate and Ohio House. The committee's main function is to ensure that state agencies do not exceed their statutory authority through administrative rule-making. The JCARR committee has the ability to recommend that a rule be invalidated if it does not meet one of the six criteria found on the JCARR website. For more information about JCARR call (614) 466-4086.

The rules listed below have been formally filed with JCARR. At the time of filing, a public hearing is scheduled to hear testimony on the proposed rules. These hearings are typically held at ODA. At the hearing any person affected by the proposed rules may appear, testify in person or through an attorney, or both, and may present his\her position either orally or in writing, offer and examine witnesses and present 5 evidence in support of or in opposition to the proposed rule. All comments submitted to ODA are carefully reviewed and ODA may revise the proposed rule as appropriate.

Below please find the rules, and their supporting documentation, that are currently within JCARR’s jurisdiction:

Amusement Ride Safety – Go Karts – OAC 901:9-1-(42-46)

The Ohio Department of Agriculture, Division of Amusement Ride Safety inspects all amusement rides, including go kart rides, that operate in the state of Ohio. The Department’s inspectors work to assure compliance with Ohio’s laws and rules and to ensure that rides are have been assembled and are being operated in a safe manner. 

These rules are up for five-year rule review. ODA Legal and the Division of Amusement Ride Safety has reviewed and made minor changes to these rules. Specifically, OAC 901:9-1-42 was amended to incorporate a definition of ASTM in order to comply with the incorporation by reference rules. Further, OAC 901:9-1-44 was amended to require warning signs in both the entry and pit area. Previously, the rule required one area but not both. Recordkeeping requirements were amended to required three years rather than, “a period dictated by insurance carriers, local legal statutes, or for a minimum of two calendar years.” This change puts Go Kart facilities in line with ODA’s record retention policies. Finally, ASTM references were updated to reflect the more current and correct version of these standards. 

On May 3, 2018, the Advisory Council on Amusement Ride Safety formally reviewed and approved the rules.

On May 9, 2018, the rules were sent to CSI and opened for public comment however, a technical error may have prevented the rules from being sent to all interested parties. As a result, on June 22, 2018, the Department re-opened the public comment period . The comment period was open until July 6, 2018. No comments were received. On August 31, 2018, the Department received CSI's recommendation to proceed with the formal filing of the rules with JCARR. ODA filed the rules on the same day. 

A public hearing to discuss the proposed amendments to these rules is scheduled for 9:00 AM on October 2, 2018, at ODA's campus

Below please find a copy of the proposed rules, the business impact analysis, the request for public comment, and the public hearing notice: 

Proposed Rules

Business Impact Analysis

Request for Public Comment

Public Hearing Notice

Even though the public comment period has closed, please click here to submit comments.

Animal Health - Chronic Wasting Disease - OAC 901:1-1

The rules in Chapter 901:1-1 of the Ohio Administrative Code have been reviewed by the Department pursuant to the Five-Year Rule Review. OAC 901:1-1 regulates the disease known as Chronic Wasting Disease which is designated under OAC 901:1-21-02 as a dangerously contagious or infectious disease. Pursuant to authority in section 941.02 of the Ohio Revised Code, the Director of Agriculture has authority to use all proper means in the prevention and eradication of infectious and contagious diseases which pose a threat to public health or animal health. 

Chronic Wasting Disease (“CWD”) is a fatal, extremely dangerous contagious disease that afflicts white-tailed deer and other members of the deer family. The director of agriculture is required to take all actions, including the adoption of rules, that he determines are necessary to mitigate or eliminate the presence of chronic wasting disease.  See ORC 943.22 and 943.24.

Pursuant to the Legislative Service Commission’s guide on administrative rule drafting, the Department has proposed to rescind the existing rules found in Chapter 901:1-1 and replace the Chapter with newly drafted rules. The majority of the proposed rules remain the same however several significant amendments have been proposed.  

More specifically, the rules have been amended to require all animals which are over one-year of age which die for any reason must be tested for chronic wasting disease. Previously, hunting preserves were required to test a lower percentage of deaths. The proposed rules set out a phase-out period where owners of captive whitetail deer that die may submit non-ear tissue with the official identification devices until December 31, 2020. Additionally, the rules outline new quarantine conditions for facilities which submit poor quality, missing, or untimely samples. 

On June 8, 2018, the rules were submitted to stakeholders. The stakeholder comment period was open until June 27, 2018. Based on the comments received, the Department amended OAC 901:1-1-03 to ensure that in cases of escape or breaches in perimeter fencing that the prevention of all cervid species be prevented rather than just whitetail deer. 

On June 29, 2018, the rules were opened for public comment and sent to CSI. The public comment period was open until July 20, 2018. On August 31, 2018, ODA received CSI's report and recommendation indicating that the rules should be formally filed with JCARR. The rules were filed with JCARR on September 4, 2018.

A public hearing to discuss the proposed amendments to these rules is scheduled for 9:00 AM on October 5, 2018, at ODA's campus.

Below please find a copy of the proposed rules, the business impact analysis, the request for public comment, and the public hearing notice: 

Proposed Rules

Business Impact Analysis

Request for Public Comment

Public Hearing Notice

Even though the public comment period has closed, please click here to submit comments.

Animal Health – Brucellosis – OAC 901:1-5-(1-11)

The rules of Chapter 901:1-5 are based off the federal regulations for brucellosis found in Title 9 of the Code of Federal Regulations. Brucellosis is designated under section 901:1-21-02 of the Ohio Administrative Code (OAC) as dangerously contagious and infectious. Pursuant to authority in section 941.02 of the Ohio Revised Code, the Director of Agriculture has authority to use all proper means in the prevention and eradication of infectious and contagious diseases which pose a threat to public health or animal health. 

On May 15, 2016, the United States Department of Agriculture closed the comment period for rule revisions to these standards.  The proposed federal rules will significantly alter the conditions for the interstate movement of cattle, bison, and captive cervids. Due to the pending rule changes on the federal level, ODA has yet to file these rules. However, in weighing the Department’s responsibility to comply with the five year rule review requirements found in Chapter 119 of the Revised Code, the Department has elected to file these as no-change rules. Should the federal government approve these new standards in the meantime, the Department will review and incorporate the new standards, if necessary. 

The rules were sent to stakeholders on February 6, 2018, and were given until February 23, 2018, to provide comments. No comments were received. On April 23, 2018, the rules were sent to CSI. A public comment period was open until May 11, 2018. No comments were received. On September 4, 2018, ODA received CSI’s report and recommendation. As such, on September 6, 2018, the rules were filed with JCARR.

As no change rules there will be no public hearing held at the Department. A tentative JCARR hearing is scheduled for November 15, 2018.

Below please find a copy of the proposed rules, the business impact analysis, and the request for public comment: 

Proposed Rules

Business Impact Analysis

Request for Public Comment

Even though the public comment period has closed, please click here to submit comments.

Animal Health - Brucella Canis - OAC 901:1-5-(12 & 13)

Ohio Administrative Code rules 901:1-5-12 and 13 have been reviewed pursuant to the Five-Year Rule Review requirements. The rules in this package regulate the disease known as Brucella canis which is designated under section 901:1-21-02 of the Ohio Administrative Code (OAC) as dangerously contagious and infectious. Pursuant to authority in section 941.02 of the Ohio Revised Code, the Director of Agriculture has authority to use all proper means in the prevention and eradication of infectious and contagious diseases which pose a threat to public health or animal health. 

The rules set forth in this package create testing standards as well as standards recognizing dog kennels as Brucella canis free. The Department has reviewed the rules with its stakeholders and have proposed the following amendments:

901:1-5-12 outlines testing standards of Brucella canis. The rule outlines the acceptable types of tests as well as the entities which may perform the tests. Further, the rule outlines three types of Brucella canis classification: positive, suspect, and negative. The rule requires that upon the diagnosis of either a Brucella canis positive or suspect that the animal be quarantined until further testing. Additionally, the rule outlines potential restrictions on the movement of animals which are positive or suspect. 

The rule has been amended to remove the canine antibody test (more commonly referred to as the “card test”) and the polymerase chain reaction test (PCR) as accepted tests for Brucella canis. Through independent verification by the Department these tests have been found to be unreliable in the testing of Brucella canis. In addition, the rule has been amended to update the process from being released from quarantine. Animals which successively test negative to a brucella canis test at least sixty days apart can be properly determined to be free of brucella canis.  

901:1-5-13 sets forth the procedures for a kennel licensed under chapter 956 of the Revised Code to become certified as a Brucella canis free kennel. A kennel may be awarded that designation if the kennel has had two successive whole kennel negative tests, continues required testing, and ensures that all additions to the kennels comply with the rules. This certification is currently voluntary and has been requested by the industry as an opportunity to show consumers that their facility is a clean, safe, and reputable business. 

The rule has been amended to use consistent terminology with OAC 901:1-5-12. Further, clarifications have been made to the rule to ensure proper enforcement.

On June 20, 2018, the rules were submitted to stakeholders. The stakeholder comment period was open until July 6, 2018. ODA received comments during a meeting with the Ohio Professional Dog Breeders Association whose members expressed their support of the rule package. Specifically, the members were encouraged with the amendments made to the Brucella canis certification process. Additionally, potential future changes of the rules were discussed should the amendments to the certification process be successful.

On July 30, 2018, the rules were opened for public comment and sent to CSI. The public comment period was open until August 17, 2018. No comments were made. On August 31, 2018, ODA received CSI's report and recommendation indicating that the rules should be formally filed with JCARR. The rules were filed with JCARR on September 4, 2018.

A public hearing to discuss the proposed amendments to these rules is scheduled for 9:00 AM on October 5, 2018, at ODA's campus.

Below please find a copy of the proposed rules, the business impact analysis, the request for public comment, and the public hearing notice: 

Proposed Rules

Business Impact Analysis

Request for Public Comment

Public Hearing Notice

Even though the public comment period has closed, please click here to submit comments.

Animal Health – Pet Stores HB 506 Update – OAC 901:1-8

On June 29, 2018, Governor Kasich signed into law House Bill 506 which revised laws governing high volume dog breeders and other dog-related professionals and activities. HB 506 amended certain terminology previously used including the definitions of "animal rescue for dogs" and "dog retailer." The term "dog retailer" has been replaced with "dog broker." Further, the definition of "animal rescue for dogs" has been amended to include the clause "does not sell dogs to a dog broker or pet store." 

On July 30, 2018, the rules were filed directly with JCARR as there is no adverse business impact associated with the proposed changes. A public hearing was held on August 30, 2018, at ODA's campus. No testimony was given. A JCARR hearing is tentatively scheduled for this rule package on September 17, 2018.

Below please find a copy of the proposed rules and the public hearing notice: 

Proposed Rules

Public Hearing Notice

Animal Health - Pseudorabies - OAC 901:1-11

The rules in Chapter 901:1-11 of the Ohio Administrative Code have been reviewed by the Department pursuant to the Five-Year Rule Review. OAC 901:1-11 regulates the disease known as Pseudorabies which is designated under OAC 901:1-21-02 as a dangerously contagious or infectious disease. Pursuant to authority in section 941.02 of the Ohio Revised Code, the Director of Agriculture has authority to use all proper means in the prevention and eradication of infectious and contagious diseases which pose a threat to public health or animal health.  

The Department has reviewed the rules and have proposed no changes at this time.

On June 13, 2018, the rules were submitted to stakeholders. The stakeholder comment period was open until June 29, 2018. The Department did not receive any comments.  

On July 9, 2018, the rules were opened for public comment and sent to CSI. The public comment period was open until July 27, 2018. ODA did not receive any comments. On August 31, 2018, ODA received CSI's report and recommendation indicating that the rules should be formally filed with JCARR. The rules were filed with JCARR on September 4, 2018.

As no change rules there will be no public hearing held at the Department. A JCARR hearing is tentatively scheduled for November 15, 2018.  

Below please find a copy of the proposed rules, the business impact analysis, and the request for public comment: 

Proposed Rules

Business Impact Analysis

Request for Public Comment

Even though the public comment period has closed, please click here to submit comments.

Food Safety - Good Manufacturing Practices - OAC 901:3-1 and various rules

Ohio Revised Code 3715.021 states that the Ohio Department of Agriculture shall adopt rules that establish standards and good manufacturing practices for food processing establishments which conform to the standards established by the United States Food and Drug Administration in Title 21 of the Code of Federal Regulations. 

The rules contained in Chapter 901:3-1 of the Ohio Administrative Code mirror the regulations found in 21 CFR 110. Effective September 17, 2018, these provisions will be rescinded from the CFR. The regulations will be replaced by 21 CFR 117. These standards were adopted in the OAC in October of 2017. Upon the rescission of 21 CFR 110, the rules found in 901:3-1 shall no longer be necessary. Therefore, the rules in OAC Chapter 901:3-1 are proposed to be rescinded.

Further, all code references to 901:3-1 have been amended to read 901:3-17. Please note that the amendments exclude OAC 901:3-1-01, OAC 901:3-8-01, and OAC 901:3-8-03. These rules are going through a separate review and will be amended respectively. 

On January 22, 2018, the rules were submitted to stakeholders. No comments were made during this period. On February 27, 2018, the rules were sent to CSI. A public comment period was open until March 23, 2018. On July 26, 2018, ODA received CSI's report and recommendation indicating that the rules should be formally filed with JCARR. The rules were filed with JCARR on August 8, 2018.

A public hearing to discuss the proposed amendments to these rules was held on September 12, 2018, at ODA's campus. No comments were received. a JCARR Hearing is scheduled to be held on September 17, 2018.

Below please find a copy of the proposed rules, the business impact analysis, the request for public comment, and the public hearing notice: 

Proposed Rules

Business Impact Analysis

Request for Public Comment

Public Hearing Notice

Even though the public comment period has closed, please click here to submit comments.

Plant Health – Fertilizer – OAC 901:5-1

The rules in chapter 901:5-1 of the Ohio Administrative Code regulate the labeling, weighing, manufacturing and distributing of fertilizer in the state of Ohio. The rules ensure that individuals seeking to purchase fertilizer have the consumer confidence to expect that the product they seek to purchase meets their expectations. The rules of this chapter are up for five year rule review have been reviewed by ODA Legal and the Division and several changes have been made. First, terminology has been updated to ensure consistency with ORC Chapter 905. Second, certain language has been amended in the rules which should ensure comprehension by the regulated community. Finally, the Division has proposed to adopt the official publication of allowances by the AAPFCO (American Association of Plant Food Control Officials) for mislabeled fertilizer. 

The rules were sent to stakeholders on March 29, 2018. No comments were made. As such, on April 27, 2018 the rules were sent to CSI. A public comment period was open until May 18, 2018. No comments were made. On September 4, 2018, ODA received CSI's report and recommendation. As a result, the rules were filed with JCARR on September 10, 2018. 

A public hearing to discuss the proposed amendments to these rules is scheduled for 9:00 AM on October 18, 2018, at ODA's campus

Below please find a copy of the proposed rules, the business impact analysis, the request for public comment, and the public hearing notice: 

Proposed Rules

Business Impact Analysis

Request for Public Comment

Public Hearing Notice

Even though the public comment period has closed, please click here to submit comments.

Plant Health – Agricultural Lime – OAC 901:5-5

The rules in chapter 901:5-5 of the Ohio Administrative Code regulate the production and sale of agricultural lime and liming materials in the state of Ohio. Liming materials are defined as “all materials, the calcium and magnesium content of which is used to neutralize soil acidity.” The rules are governed by ORC 905.51 to 905.65.The rules ensure that individuals seeking to purchase agricultural liming material have the consumer confidence to expect that the product they seek to purchase meets their expectations.

The rules of this chapter are up for five year rule review and have been reviewed by ODA Legal and Plant Health and have been amended. Specifically, the rules increase the tolerances for the guaranteed neutralizing power, guaranteed percentages for calcium and magnesium, and the guaranteed sieve size. The proposed increase tolerances match the American Association of Plant Food Control Officials. Further, OAC 901:5-5-03 has been rescinded. This ruler requires that the Department make at least two analyses of agricultural liming material for each licensed location annually. This is in contradiction to the statute which states that the Department may conduct analyses at any time. Rather than binding the Department to two analyses per year, this rule rescission provides the Department the flexibility in determining when samples are needed and when they are not. The rules have been approved by the Division. 

On March 28, 2018, the rules were submitted to stakeholders. No comments were made during this period. On May 14, 2018, the rules were sent to CSI. A public comment period was open until June 1, 2018. On July 24, 2018, ODA received CSI's report and recommendation indicating that the rules should be formally filed with JCARR. The rules were filed with JCARR on July 26, 2018.

A public hearing to discuss the proposed amendments to these rules was held on August 29, 2018, at ODA's campus. No testimony was given. A JCARR Hearing is tentatively scheduled for September 17, 2018.

Below please find a copy of the proposed rules, the business impact analysis, the request for public comment, and the public hearing notice: 

Proposed Rules

Business Impact Analysis

Request for Public Comment

Public Hearing Notice

Even though the public comment period has closed, please click here to submit comments.

Plant Health – Asian Longhorned Beetle – OAC 901:5-57

The rules contained in this chapter establish a quarantine against the highly destructive insect Anoplophora glabripennis, more commonly known as the Asian longhorned beetle (hereinafter “ALB” or “plant pest”). The Department established this quarantine to prevent the plant pest’s artificial spread in the state of Ohio in order to protect Ohio’s forest, timber and wildlife resources from this destructive pest. In June 2011, ALB was discovered in Tate Township in Clermont County. This plant pest has no known natural predators and poses a threat to Ohio’s hardwood forests (more than $2.5 billion in standing maple timber) and the state’s $5 billion nursery industry which employs nearly 240,000 people. To keep this plant pest from spreading across Ohio, the Department has established a quarantine restricting movement of regulated articles throughout the quarantine area.

A majority of the rules were amended only to make stylistic and formatting changes. However, Celtis, commonly known as Hackberry, has been removed from this list of regulated articles. Further, the list of regulated areas was increased due to the expansion of the pest. 

The rule was sent to stakeholders on November 9, 2017, and had until December 1, 2017 to make comments. No comments were made. However, on January 11, 2018, the Department sent notice to the Common Sense Initiative that it was going to remove the package from CSI’s consideration at that time. This removal was based on the anticipated reduction of Ohio’s quarantined areas. 

On March 15, 2018, it was announced that the plant pest had been eradicated from Batavia and Stonelick townships in Clermont County. As a result, the rules were amended and sent back to stakeholders on March 28, 2018. No comments were made. As such, on April 27, 2018 the rules were sent to CSI. A public comment period was open until May 18, 2018. No comments were received. On August 10, 2018, ODA received CSI’s report and recommendation. The rules were filed with JCARR on August 13, 2018. 

A public hearing to discuss the proposed amendments to this rule was held on September 13, 2018, at ODA's campus. No comments were received. A JCARR Hearing is scheduled for October 15, 2018.

Below please find a copy of the proposed rules, the business impact analysis, the request for public comment, and the public hearing notice: 

Proposed Rules

Business Impact Analysis

Request for Public Comment

Public Hearing Notice

Even though the public comment period has closed, please click here to submit comments.

Soil and Water – Pollution Abatement – OAC 901:13-1

This Chapter is up for five year rule review. ODA Legal has worked with S&W staff to update the rules to reflect the Division’s current practices, amend the rules to conform with both formatting and drafting guidelines, and to attempt to make the rules more user friendly. A significant number of the rules are being rescinded and replaced due to more than 50% changes in the rules. Further, some rules are being rescinded as they were unnecessary to the function of the Division. 

On July 17, 2017, the rules were presented to the Ohio Soil and Water Conservation Commission for their initial approval. After receiving approval for the Division of Soil and Water, the rules were sent to Stakeholders on August 28, 2017. The Stakeholders were given a period until September 15, 2017, to submit comments. ODA received comments from the Ohio Farm Bureau, the Ohio Environmental Council, Ms. Vickie Askins, and a coalition of the Ohio Pork Council, Ohio Poultry Association, Ohio Cattleman’s Association, and the Ohio Dairy Producer’s Association. 

On November 10, 2017, these rules were reviewed by the Ohio Soil and Water Conservation Commission. On December 18, 2017, the rules were eNotified and sent to CSI. The public comment period ended on January 5, 2018. No comments were received by ODA. On February 21, 2018, ODA received CSI’s report and recommendation. ODA filed the rule package with JCARR on March 5, 2018. A public hearing was held on April 5, 2018. No comments were received. On April 16, 2018, the rules were reviewed by JCARR. No comments were made. The rules are scheduled to be final filed on May 10, 2018 and effective ten days later.

Below please find a copy of the proposed rules, the business impact analysis, and the request for public comment: 

Proposed Rules

Business Impact Analysis

Request for Public Comment

Adopted Rules

Below please find the rules which have recently completed the rule making process and are now effective:

Markets – Ohio Proud – OAC 901:4-6

Created in 1993, the Ohio Proud Program increases sales and consumer awareness of Ohio made and grown agricultural products. Since the program’s inception, membership has continued to grow to more than 500 members who make value-added products; raise livestock and grow fresh produce and nursery stock. 

The rules in OAC Chapter 901:4-6 regulate the Ohio Proud program. The rules are up for five-year rule review and have been reviewed by ODA Legal and the Ohio Proud program. Substantively, the major change is an increase in the Ohio Proud program license fee. ODA currently charges a $25 annual licensing fee to agricultural companies which allows them to use the registered Ohio Proud trademark packaging, advertising and social media. These companies are listed on the program’s website and can participate in educational and promotional activities throughout the year. The licensing fee is deposited into a dedicated Rotary Fund which is used to administer the program. 

With the GRF reduction in previous budget cycles, the Rotary Fund has been the primary funding source to administer the program. In addition to the GRF reduction, the licensing fee was reduced in 2008 from $100 to $25. These reductions are depleting the Rotary Fund balance and limiting the Department to create programs that will enhance the competitive advantage of Ohio Proud companies. The Department is requesting an increase in the annual licensing fee from $25 to $50. These additional funds will enable the Department to create opportunities to increase sales and consumer awareness of Ohio Proud companies. 

The rules were sent to all Ohio Proud companies on November 1, 2017. Stakeholders had until November 30, 2017, to make any comments. ODA received 15 comments of which 12 supported the rules and 3 did not.  On December 18, 2017, the rules were eNotified and sent to CSI. The public comment period was open until January 5, 2018. No comments were been received by ODA. On May 29, 2018, ODA received CSI's report and recommendation indicating that the rules should be formally filed with JCARR. ODA filed the rules that day.

A public hearing was held on July 2, 2018, at ODA's campus. On July 16, 2018, the rules were reviewed by JCARR. No comments were made. The rules were final filed on August 3, 2018 and became effective ten days later.

Below please find a copy of the final rules:

Final Rules

Plant Health – Noxious Weeds – OAC 901:5-37

Ohio Administrative Code rule 901:5-37-01 establishes a list of prohibited noxious weed species. This list of noxious weeds established by the Ohio Department of Agriculture is used by the Ohio Department of Transportation, boards of county commissioners, township trustees, and street commissioners of a municipal corporation in order to control the growth of such species in their respective jurisdictions. Typically, these entities utilize this authority to prevent these species from encroaching onto roadways and right-of-way’s to ensure rider safety.

The rule has been reviewed by interested stakeholders and is being amended to remove Wild Carrot, Oxeye daisy, and Wild mustard from the list of plant species. Additionally, the following species are proposed to be added to the list:

Yellow Groove Bamboo (Phyllostachys aureasculata), when the plant has spread from its original premise of planting and is not being maintained.
Field bindweed (Convolvulus arvensis).
Heart-podded hoary cress (Lepidium draba sub. draba).
Hairy whitetop or ballcress (Lepidium appelianum).
Perennial sowthistle (Sonchus arvensis).
Russian knapweed (Acroptilon repens).
Leafy spurge (Euphorbia esula).
Hedge bindweed (Calystegia sepium).
Serrated tussock (Nassella trichotoma).
Columbus grass (Sorghum x almum).
Musk thistle (Carduus nutans).
Forage Kochia (Bassia prostrata).
Water Hemp (Amaranthus tuberculatus).

On February 6, 2018, the rules were submitted to stakeholders. ODA received comments and questions from the Ohio Invasive Plant Council and the Nature Conservancy. ODA addressed their questions and did not make any changes to the rules. On April 11, 2018, the rules were open for public comment and sent to CSI. ODA did not receive any comments. On June 28, 2018, ODA received CSI's report and recommendation indicating that the rules should be formally filed with JCARR. The rules were filed with JCARR on June 29, 2018.

A public hearing to discuss the proposed amendments was held on August 8, 2018, at ODA's campus. A JCARR hearing to discuss the rules was held on August 13, 2018. No comments were made. The rules were final filed on September 4, 2018, and became effective on September 14, 2018.

Below please find a copy of the final rules: 

Final Rules