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Administrative Rules
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 - 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 lasts until July 6, 2018. If you are interested in submitting comments to the Department regarding this rule package please click here.

Below please find a copy of the proposed rules:

Proposed Rules

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 lasts until June 29, 2018. If you are interested in submitting comments to the Department regarding this rule package please click here.

Below please find a copy of the proposed rules:

Proposed Rules

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 that are used in the chapter. The rule is proposed to be amended to update the several of the pesticide use categories recognized by the director for the purposes of commercial applicator licensing. Many of the categories have been amended to include the language "except fumigants" 

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 will remain open until July 19, 2018. If you are interested in submitting comments to the Department regarding this rule package please click here.

Below please find a copy of the proposed rules:

Proposed Rules

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

Below please find a copy of the proposed rules:

Proposed Rules

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 lasts until July 11, 2018.  If you are interested in submitting comments to the Department regarding this rule package please click here .

Below please find a copy of the proposed rules:

Proposed Rules

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.

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. 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 - 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 will remain open until July 20, 2018, please click here to submit comments.

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

​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 – 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. 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 - 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 will remain open until July 27, 2018, please click here to submit comments.

Below please find a copy of the proposed rules:

Proposed Rules

Business Impact Analysis

Request for Public Comment

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. The public comment period will remain open until July 27, 2018, please click here to submit comments.

Below please find a copy of the proposed rules:

Proposed Rules

Business Impact Analysis

Request for Public Comment

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. 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 – 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. 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 – 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 will remain open until July 20, 2018, please click here to submit comments.

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

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. 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:

Dairy – Frozen Dessert Rules – OAC 901:11-3

The rules housed in OAC Chapter 901:11-3 are up for five year review. The rules of this chapter outline the processing of frozen desserts and other requirements. The rules have been reviewed by both ODA Legal and the Dairy Division. At the next Milk Sanitation Board meeting these rules will be reviewed in front of the board on December 7, 2017. On December 28, 2017, these rules were eNotifed and sent to CSI. The public comment period is open until January 19, 2018. No comments were made during this period. 

ODA received CSI’s report and recommendation on March 2, 2018. The rules were filed with JCARR on March 28, 2018. A public hearing is scheduled for May 2, 2018. A JCARR hearing was held on May 14, 2018. No comments were made. The rules will be final filed on June 2, 2018, and will become effective on June 12, 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

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 to discuss the proposed amendments to this rule is scheduled for 9:00 AM on July 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

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).

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 to this rule is scheduled for 9:00 AM on August 8, 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.

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:

Animal Health – Exhibition of Animals – OAC 901:1-18

The rules in Chapter 901:1-18 of the Ohio Administrative Code outline the importation of animals into the state for exhibition purposes. The rules specifically outline the disease testing requirements as well as proof of ownership of all animals coming into Ohio. On June 2, 2017, the Division of Animal Health approved the rules. USDA is now reviewing the rules to ensure that our rules do not conflict with any federal laws. On September 6, 2017, ODA received confirmation from USDA that there were not outstanding issues with the proposed rule package. ODA sent the package to stakeholders for their review on that day. Stakeholders had until September 29, 2017, to respond with any recommendations. No recommendations were made. On October 2, 2017, ODA eNotified these rules and sent them to CSI. The public comment period will remain open until October 20, 2017. No comments have been received by ODA.

On March 28, 2018, CSI returned their report and recommendation to ODA. On April 4, 2018, the rules were filed with JCARR.  A public hearing is scheduled for May 10, 2018. A JCARR hearing was held on May 14, 2018. No comments were made. The rules will be final filed on June 9, 2018, and will become effective on June 19, 2018.

Plant Health – Walnut Twig Beetle – OAC 901:5-58

OAC Chapter 901:5-58 is up for five year rule review. The rules contained in this chapter establish a quarantine against the highly destructive insect walnut twig beetle and associated disease known as thousand cankers (hereinafter “WTB” 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. A majority of the rules were amended only to make stylistic and formatting changes. On January 9, 2018, the rules were submitted to Stakeholders. No comments were made. On January 29, 2018, the rules were eNotified and sent to CSI. The public comment period ended on February 16, 2018. No comments were made.

On March 5, 2018, CSI submitted their report and recommendation to ODA. The rules were filed with JCARR on March 22, 2018. A public hearing was held on April 26, 2018. No comments were made. A JCARR hearing was held on May 14, 2018. No comments were made. The rules were final filed on May 27, 2018, and will become effective on June 6, 2018.

On June 29, 2018, the rules were opened for public comment and sent to CSI. The public comment period will remain open until July 20, 2018, please click here to submit comments.

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