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hb433_05_EN
(136th General Assembly)
(Substitute
House Bill Number 433)
AN
ACT
To amend sections 905.39,
905.55, 905.59, 915.14, 917.20, 918.12, 923.43, 923.47, 924.07,
924.53, 993.01, 993.04, 1327.52, 1327.55, 3715.04, 4707.091, and
4707.151 and to repeal section 1345.021 of the Revised Code to revise
various laws governing agriculture.
Be
it enacted by the General Assembly of the State of Ohio:
Section
1.
That
sections
905.39,
905.55, 905.59, 915.14, 917.20, 918.12, 923.43, 923.47, 924.07,
924.53,
993.01
,
993.04
,
1327.52, 1327.55, 3715.04, 4707.091, and 4707.151
of the Revised Code be amended to read as follows:
Sec.
905.39.
(A)
The director of agriculture shall inspect and sample any fertilizer
within the state to such an extent as the director considers
necessary and make an analysis where need is indicated to determine
whether the fertilizer is in compliance with sections 905.31 to
905.503 of the Revised Code and rules. The director may enter upon
any public or private premises or conveyances during regular business
hours in order to have access to fertilizer subject to sections
905.31 to 905.503 of the Revised Code and rules.
(B)
The director shall maintain the services necessary to effectively
administer and enforce sections 905.31 to 905.503 of the Revised Code
and rules. The methods of sampling and analysis shall be those
adopted by
the
association of official analytical chemists
AOAC
international
or
other sources prescribed by the director.
(C)
The results of official analysis of any sample of fertilizer found to
be in violation of any provisions of sections 905.31 to 905.503 of
the Revised Code or any rule shall be forwarded to the licensee or
registrant. A licensee or registrant may request a portion of any
such sample, provided that the request is made not more than thirty
days after the date of the analysis report.
(D)
Analytical tolerances shall be governed by rules.
(E)
If the director is denied access to any premises where access is
sought for the purpose of inspection and sampling, the director may
apply to any court of competent jurisdiction for a search warrant
authorizing access to the premises for that purpose. The court, upon
application, may issue the search warrant for the purpose requested.
Sec.
905.55.
(A)
No person shall distribute or sell liming material in packages that
do not bear a label in legibly written or printed form that includes
the following:
(1)
Net weight of contents in pounds as determined by a sealed weighing
device;
(2)
Product name and type of liming material, which shall include the
grade as defined in section 905.54 of the Revised Code, for all
except the oxide and hydrate forms;
(3)
Name and address of manufacturer, seller, or distributor;
(4)
Guaranteed analysis, in whole numbers only, which includes:
(a)
The minium percentages of weight of elemental calcium and magnesium;
(b)
The total neutralizing power expressed as weight per cent of calcium
carbonate, as determined by the methods prescribed by
the
association of official analytical chemists
AOAC
international
;
(c)
The minimum percentages of weight passing through numbers eight,
twenty, sixty, and one hundred United States standard sieves;
(d)
The effective neutralizing power expressed on the basis of pounds per
ton as a percentage of the fineness index, multiplied by the total
neutralizing power and percentage of dry matter.
(B)
No person shall sell or distribute liming material in bulk, unless
the purchaser is supplied, upon delivery, with a delivery ticket
containing the information required in division (A) of this section,
and:
(1)
The name and address of the purchaser;
(2)
The date of sale.
(C)
Shipping invoices or notices shall be available for all bulk liming
material stored at locations other than a place of manufacture.
Sec.
905.59.
(A)
The director of agriculture may inspect, sample, and analyze any
liming material utilized within the state to such extent as the
director considers necessary to determine whether the liming material
is in compliance with sections 905.51 to 905.65 of the Revised Code,
and the rules adopted under such sections. The director may enter
into an agreement with a person that is not a department of
agriculture employee that authorizes that person to perform the
inspections, sampling, and analysis of liming material. If the
director enters into an agreement, the director shall annually audit
the records relating to the inspections, sampling, and analysis
performed by the person.
(B)
The director or a person who has entered into an agreement with the
director under division (A) of this section may enter upon any public
or private premises or means of conveyance at any reasonable time to
have access to liming material subject to sections 905.51 to 905.65
of the Revised Code, and the rules adopted under such sections.
(C)
The methods of sampling and analysis of liming materials shall be
those adopted by
the
association of official analytical chemists
AOAC
international
or
as prescribed by the director.
(D)
The results of the official analysis of any sample of liming material
that is found to be in violation of sections 905.51 to 905.65 of the
Revised Code, or any regulation adopted under such sections, shall be
forwarded to the licensee. A licensee may request a portion of any
such sample if the request is made not more than thirty days after
the date of the analysis report.
(E)
Analytical tolerances shall be governed by rules adopted by the
director, subject to Chapter 119. of the Revised Code.
Sec.
915.14.
As
used in sections 915.14 to 915.24 of the Revised Code, unless the
context otherwise requires:
(A)
"Food" means:
(1)
Articles used for food or drink for humans or animals;
(2)
Chewing gum;
(3)
Articles used for components of any such articles.
(B)
"Establishment" means any business location or building of
which any of the following facilities or operations are a part: a
frozen food manufacturing facility, chill room, sharp freezing room
and facilities, or sharp freezing cabinet.
"Establishment" does not include a bakery registered under
section 911.02 of the Revised Code.
(C)
"Chill room" means a room or space in an establishment used
for the purpose of chilling food in preparation for processing for
sharp freezing.
(D)
"Sharp freezing" means the reducing of every portion of
food placed in a sharp freezer facility to a temperature of ten
degrees Fahrenheit or less in five hours or less.
(E)
"Sharp freezing room," "sharp freezing cabinet,"
or "other sharp freezing facilities" means any location,
space, or facility in an establishment used for the sharp freezing of
food for storage or eventual sale.
(F)
"Operator" means any person, firm, or corporation operating
or maintaining an establishment.
(G)
"Frozen food manufacturing facility" means a room or space
in an establishment used to freeze food, other than frozen desserts
as defined in section 917.01 of the Revised Code, for eventual sale
in a frozen state.
Sec.
917.20.
A
test report or document prepared by an analyst who is employed or
designated by the director of agriculture and who tested a sample
shall be admissible as evidence in a prosecution for a violation of a
statute or rule
,
provided that the report or document contains a sworn statement,
signed by the analyst, that the report or document accurately
contains or represents the findings or conclusions of the analyst
.
Sec.
918.12.
(A)
An establishment, as defined in section 918.01 of the Revised Code,
that slaughters or otherwise prepares meat of bison, cervidea, other
bovidea, camelidae and hybrids thereof,
ratites,
domestic rabbits, monitored captive deer, captive deer with status,
or captive deer with certified chronic wasting disease status as
defined in section 943.01 of the Revised Code, domestic deer as
defined in section 1531.01 of the Revised Code, or other animals
determined by the director of agriculture by rule for human food
purposes may receive voluntary state inspection, as defined in
division (B) of section 918.01 of the Revised Code, if the
establishment complies with sections 918.01 to 918.11 of the Revised
Code and the rules adopted under those sections for establishments
that slaughter or otherwise prepare for food purposes other animals
and if the establishment complies with division (C) of this section.
(B)
The owner of an establishment, as defined in section 918.21 of the
Revised Code, who slaughters or otherwise prepares the meat of
pheasant, quail, partridge, peafowl, grouse, captive raised wild
turkey, captive raised waterfowl, or other poultry determined by the
director by rule may receive voluntary state inspection as defined in
division (I) of section 918.21 of the Revised Code and the rules
adopted under those sections for establishments that slaughter or
otherwise prepare for food purposes other poultry and if the
establishment complies with division (C) of this section and sections
918.21 to 918.28 of the Revised Code.
(C)
An establishment that receives voluntary state inspection under
division (A) or (B) of this section shall pay the costs of the
inspection at a rate and under terms established by rule of the
director of agriculture in accordance with section 918.04 of the
Revised Code.
Sec.
923.43.
(A)
Except as otherwise provided in division (B) of this section for a
customer-formula feed, a commercial feed distributed in this state
shall be labeled with the following information:
(1)
Net weight of contents, which may be stated in metric units in
addition to avoirdupois weight;
(2)
Product name, and brand name if any, under which the feed is
distributed;
(3)
Name and principal address of the manufacturer or distributor;
(4)
Guaranteed analysis of the feed stated in terms that the director of
agriculture, by rule, determines are required to advise the user of
the composition of the feed or to support claims made in the
labeling. In all cases, the substances or elements shall be
determinable by laboratory methods published by
the
association of official analytical chemists
AOAC
international
.
(5)
Common name of each ingredient used in the manufacture of the feed.
The director, by rule, may permit the use of a collective term for a
group of ingredients all of which perform the same function or
eliminate the listing of feed ingredients when it no longer serves a
useful purpose.
(6)
Directions for the safe and effective use of any feed that contains
any drug and for any other feed that the director, by rule,
determines to require such directions;
(7)
Any precautionary statements that the director, by rule, determines
are necessary for the safe and effective use of the feed.
(B)
A customer-formula feed distributed in this state shall be labeled
with the following information:
(1)
Name and principal address of the manufacturer;
(2)
Name and address of the purchaser;
(3)
Date of delivery;
(4)
Product name, and brand name if any, of each commercial feed and all
other ingredients used in the mixture;
(5)
Net weight of each commercial feed used and of any other feed
ingredient used;
(6)
Directions for the safe and effective use of any customer-formula
feed that contains any drug and for any other customer-formula feed
that the director, by rule, determines to require such directions;
(7)
If a drug-containing product is used, a statement of the purpose of
the drug, the established name of each active drug ingredient, and
the amount of each drug used in the final mixture;
(8)
Any precautionary statements that the director, by rule, determines
are necessary for the safe and effective use of the customer-formula
feed.
(C)
Upon the request of the director, each manufacturer or distributor
shall furnish the director with the label for any commercial feed
he
the
manufacturer or distributor
distributes in this state.
Sec.
923.47.
(A)
For the purpose of enforcing sections 923.41 to 923.55 of the Revised
Code and any rules adopted under those sections, the director of
agriculture, or
his
the
director's
agent, to the extent
he
the
director or the director's agent
considers necessary, upon presenting credentials and a written
inspection notice to the person in charge, may enter, during regular
business hours, any factory, warehouse, or establishment where
commercial feeds are manufactured, processed, packed, or held for
distribution or any vehicle used to transport or hold feeds in order
to inspect within a reasonable time and manner the factory,
warehouse, establishment, vehicle, and any equipment, finished and
unfinished materials, containers, and labeling. The inspection may
include verification of only such records and production and control
procedures as necessary to determine compliance with the good
manufacturing practice rules for drug-containing feeds adopted by
rule under section 923.48 of the Revised Code. Official samples may
be taken during the inspection. Upon completion of the inspection,
the person in charge shall be so notified.
If
any official sample of commercial feed is taken during the
inspection, at the completion of the inspection and prior to leaving
the premises, the director or
his
the
director's
agent shall give the person in charge a receipt that describes any
sample taken and provide
him
the
person in charge
with a portion of any sample if the person in charge so requests.
At
any time that the director is refused admittance to inspect,
he
the
director
may obtain a search warrant describing what is to be inspected from a
judge of a court of record in the jurisdiction where the inspection
is to take place.
(B)
For the purpose of enforcing sections 923.41 to 923.55 of the Revised
Code and any rules adopted under those sections, the director of
agriculture, or
his
the
director's
agent, to the extent
he
the
director or the director's agent
considers necessary, upon the presentation of credentials, shall
enter during regular business hours upon any public or private
premises, including any vehicle used to transport or hold feeds, to
obtain official samples of commercial feed and to examine any records
that relate to the distribution of feed sampled.
(C)
The director shall maintain a laboratory with equipment and personnel
necessary to effectively administer and enforce sections 923.41 to
923.55 of the Revised Code and the rules adopted under those
sections. The methods of sampling and analysis shall be those adopted
by
the
association of official agricultural chemists
AOAC
international
and
other generally recognized sources prescribed by the director by
rule.
(D)
The results of all analyses of official samples of commercial feed
shall be forwarded to the distributor and to the purchaser.
(E)
Analytical tolerances shall be governed by rules adopted by the
director.
Sec.
924.07.
(A)
When the producers of an agricultural commodity who vote in a
referendum favor a proposed marketing program, the director of
agriculture shall order the program established and, if the marketing
program does not provide for the election of an operating committee,
appoint an operating committee consisting of producers of the
commodity to administer the program. Each operating committee shall
consist of not less than three nor more than fifteen producers.
(B)
Of the members first appointed to an operating committee, the
director shall appoint approximately one-third for one-year terms,
approximately one-third for two-year terms, and the remainder for
three-year terms. Thereafter, the director shall appoint each member
for a three-year term unless the appointee is to fill a vacancy in
which case the appointee shall be appointed for the unexpired term.
Each such subsequent appointment shall be made prior to the
expiration date of the preceding or vacant term.
(C)
The director shall not appoint any member of an operating committee
to serve more than three successive full three-year terms.
(D)
The director shall appoint members of each operating committee from a
list of candidates recommended by the producers of the agricultural
commodity for which the marketing program is established. Insofar as
possible the members shall be equitably distributed by geographic and
production areas.
Any list of candidates recommended to the director by producers shall
include not less than twice as many candidates as the number of
members which are to be appointed, but in no case shall a list
include fewer than three names.
(E)
The director, or the director's designee, is an ex officio member of
each operating committee, with the right to vote.
(F)
Each member of an operating committee, except the director or the
director's designee, is entitled to actual and necessary travel and
incidental expenses while attending meetings of the committee or
while engaged in the performance of official responsibilities
delegated to the committee. No member of such a committee shall
receive in excess of thirty dollars per day, in addition to such
travel and incidental expenses, or for more than twenty-four days per
year for duties performed as a member of the committee.
(G)
No person is civilly liable for any actions taken in good faith as a
member or employee of an operating committee.
Sec.
924.53.
(A)
The director of agriculture shall monitor the conduct of the Ohio
grape industries committee to ensure that:
(1)
The committee is operating within the requirements of sections 924.51
to 924.55 of the Revised Code;
(2)
The committee's program is self-supporting;
(3)
The committee keeps all records that are required by agencies of the
state.
(B)
The director may, in accordance with Chapter 119. of the Revised
Code, adopt, rescind, or amend rules necessary to carry out the
purposes of this section.
(C)
The
director
shall accomplish an audit of the books and records of the committee
prior to the thirtieth day of September each year
books
and records of the committee shall be made available to the auditor
of state as part of the auditor of state's annual audit of the
department of agriculture
.
Sec.
993.01.
As
used in this chapter:
(A)
"Amusement ride" means any mechanical, aquatic, or
inflatable device, or combination of those devices that carries or
conveys passengers on, along, around, over, or through a fixed or
restricted course or within a defined area for the purpose of
providing amusement, pleasure, or excitement. "Amusement ride"
includes carnival rides, bungee jumping facilities, and fair rides,
but does not include passenger tramways as defined in section 4169.01
of the Revised Code, manufactured rock climbing walls in climbing
facilities regulated under Chapter 4175. of the Revised Code, or
amusement rides operated solely at trade shows for a limited period
of time. For purposes of this division, "trade show" means
a place of exhibition not open to the general public where amusement
ride manufacturers display, promote, operate, and sell amusement
rides to prospective purchasers.
(B)
"Temporary amusement ride" means an amusement ride that is
relocated at least once per year with or without disassembly.
(C)
"Permanent amusement ride" means an amusement ride that is
erected to remain a lasting part of the premises.
(D)
"Owner" means any person who owns or leases and controls or
manages the operation of an amusement ride, and includes individuals,
partnerships, corporations, both profit and nonprofit, and the state
and any of its political subdivisions and their departments or
agencies.
(E)
"Operation" means the use or operation, or both, of an
amusement ride with riders.
(F)
"Rider" means any person who sits, stands, or is otherwise
conveyed or carried as a passenger on an amusement ride, but does not
include employees or agents of the owner of the amusement ride.
(G)
"Amusement ride operator" means any person causing the
amusement ride to go, stop, or perform its function.
(H)
"Reassembly" means the installation, erection, or
reconstruction of the main mechanical, safety, electrical, or
electronic components of an amusement ride following transportation
or storage and prior to operation. Replacement of mechanical, safety,
electrical, or electronic components of an amusement ride for the
purpose of repair or maintenance is not reassembly.
(I)
"Repair" means to restore an amusement ride to a condition
equal to or better than original design specifications.
(J)
"Maintenance" means the preservation and upkeep of an
amusement ride for the purpose of maintaining its designed
operational capability.
(K)
"Inspection" means a physical examination of an amusement
ride by an inspector for the purpose of approving the application for
a permit. "Inspection" includes a reinspection.
(L)
"Accident" means an occurrence during the operation of an
amusement ride that results in death or injury requiring immediate
hospital admission.
(M)
"Serious injury" means an injury that does not require
immediate hospital admission but does require medical treatment,
other than first aid, by a physician.
(N)
"First aid" means the one-time treatment or subsequent
observation of scratches, cuts not requiring stitches, burns,
splinters, and contusions or a diagnostic procedure, including
examinations and x-rays, that does not ordinarily require medical
treatment even though provided by a physician or other licensed
professional personnel.
(O)
"Advisory council" means the advisory council on amusement
ride safety created by section 993.02 of the Revised Code.
(P)
"Safe operation" means, except as provided in section
993.10 of the Revised Code, the practical application of maintenance,
inspection, and operational processes, as indicated by the
manufacturer, owner, or advisory council, that secures a rider from
threat of physical danger, harm, or loss.
(Q)
"Private facility" means any facility that is accessible
only to members of the facility and not accessible to the general
public, even upon payment of a fee or charge, and that requires
approval for membership by a membership committee representing the
current members who have a policy requiring monetary payment to
belong to the facility.
(R)
"Bungee jumping" means a fall or jump from a height by an
individual who is attached to an elastic cord that prevents the
individual from hitting the ground, water, or other solid,
semi-solid, liquid, or elastic surface.
(S)
"Bungee jumping facility" means a device or structure
utilized for bungee jumping.
(T)
"Kiddie
ride" means an amusement ride designed for use by children under
thirteen years of age who are unaccompanied by another person.
"Kiddie ride" includes a roller coaster that is not more
than forty feet in elevation at any point on the ride.
(U)
"Climbing
facility" has the same meaning as in section 4175.01 of the
Revised Code.
Sec.
993.04.
(A)(1)
No person shall operate an amusement ride within the state without a
permit issued by the director of agriculture under division (A)(2) of
this section. The owner of an amusement ride, whether the ride is a
temporary amusement ride or a permanent amusement ride, who desires
to operate the amusement ride within the state shall, prior to the
operation of the amusement ride and annually thereafter, submit to
the department of agriculture an application for a permit, together
with the appropriate permit and inspection fee, on a form to be
furnished by the department. Prior to issuing any permit the
department shall, within thirty days after the date on which it
receives the application, inspect each amusement ride described in
the application. The owner of an amusement ride shall have the
amusement ride ready for inspection not later than two hours after
the time that is requested by the person for the inspection.
(2)
For each amusement ride found to comply with the rules adopted by the
director under division (B) of this section and division (B) of
section 993.08 of the Revised Code, the director shall issue an
annual permit, provided that evidence of liability insurance coverage
for the amusement ride as required by section 993.06 of the Revised
Code is on file with the department.
(3)
The director shall issue with each permit a decal indicating that the
amusement ride has been issued the permit. The owner of the amusement
ride shall affix the decal on the ride at a location where the decal
is easily visible to the patrons of the ride. A copy of the permit
shall be kept on file at the same address as the location of the
amusement ride identified on the permit, and shall be made available
for inspection, upon reasonable demand, by any person. An owner may
operate an amusement ride prior to obtaining a permit, provided that
the operation is for the purpose of testing the amusement ride or
training amusement ride operators and other employees of the owner
and the amusement ride is not open to the public.
(B)(1)
The director, in accordance with Chapter 119. of the Revised Code,
shall adopt rules providing for both of the following:
(a)
A schedule of fines, with no fine exceeding five thousand dollars,
for violations of this chapter or any rules adopted under this
division;
(b)
The classification of amusement rides and rules for the safe
operation and inspection of all amusement rides as are necessary for
amusement ride safety and for the protection of the general public.
The classification of amusement rides must identify those rides that
need more comprehensive inspection and testing in addition to regular
state inspections, taking into account hidden components integral to
the safety of the ride.
(2)(a)
Rules adopted by the director for the safe operation and inspection
of amusement rides shall be reasonable and shall be based upon
generally accepted engineering standards and practices. The rules
shall establish a minimum number of inspections to be conducted on
each ride depending on the size, complexity, nature of the ride, and
the number of days the ride is in operation during the year for which
the applicable permit is valid. The rules also shall require the
minimum number of inspectors assigned to inspect a ride or rides to
be reasonable and adequate given the number, size, complexity, and
nature of the ride or rides.
(b)
In adopting rules under this section, the director may adopt by
reference, in whole or in part, the national fire code or the
national electrical code (NEC) prepared by the national fire
protection association or the American national standards institute
(ANSI), or any other principles, tests, or standards of nationally
recognized technical or scientific authorities.
(c)
In adopting rules under this section, the director shall adopt, by
reference, the following chapters of the American society for testing
and materials (ASTM) international regarding amusement ride safety
standards and any other equivalent national standard:
(i)
ASTM F1193-18;
(ii)
ASTM F770-18;
(iii)
ASTM F2291-18.
(d)
Insofar as is practicable and consistent with this chapter, rules
adopted under this division shall be consistent with the rules of
other states.
(3)
The department shall cause this chapter and the rules adopted in
accordance with this division and division (B) of section 993.08 of
the Revised Code to be published in pamphlet form and a copy to be
furnished without charge to each owner of an amusement ride who holds
a current permit or is an applicant therefor.
(C)
With respect to an application for a permit for an amusement ride, an
owner may apply to the director for a waiver or modification of any
rule adopted under division (B) of this section if there are
practical difficulties or unnecessary hardships for the amusement
ride to comply with the rules. Any application shall set forth the
reasons for the request. The director, with the approval of the
advisory council on amusement ride safety, may waive or modify the
application of a rule to any amusement ride if the public safety is
secure. Any authorization by the director under this division shall
be in writing and shall set forth the conditions under which the
waiver or modification is authorized, and the department shall retain
separate records of all proceedings under this division.
(D)(1)
The director shall employ and provide for training of a chief
inspector and additional inspectors and employees as may be necessary
to administer and enforce this chapter. The director may appoint or
contract with other persons to perform inspections of amusement
rides, provided that the persons meet the qualifications for
inspectors established by rules adopted under division (B) of this
section and are not owners, or employees of owners, of any amusement
ride subject to inspection under this chapter. When employing a new
chief inspector or an additional inspector after November 6, 2019,
the director shall give preference to the following:
(a)
An individual holding a level one or higher inspector certification
from either the national association of amusement ride safety
officials (NAARSO), the amusement industry manufacturers and
suppliers (AIMS) international, or another substantially equivalent
organization as determined by the director; and
(b)
An individual who intends, within one year of being hired as an
inspector, to complete the requirements for issuance of a level one
or higher inspector certification from NAARSO, AIMS International, or
another substantially equivalent organization as determined by the
director.
(2)
No person shall inspect an amusement ride who, within six months
prior to the date of inspection, was an employee of the owner of the
ride.
(3)
Before the director contracts with other persons to inspect amusement
rides, the director shall seek the advice of the advisory council on
amusement ride safety on whether to contract with those persons. The
advice shall not be binding upon the director. After having received
the advice of the council, the director may proceed to contract with
inspectors in accordance with the procedures specified in division
(E)(2) of section 1711.11 of the Revised Code.
(4)
With the advice and consent of the advisory council on amusement ride
safety, the director may employ a special consultant to conduct an
independent investigation of an amusement ride accident. This
consultant need not be in the civil service of the state, but shall
have qualifications to conduct the investigation acceptable to the
council.
(E)(1)
Except as otherwise provided in division (E)(1) of this section, the
department shall charge the following amusement ride fees:
1
2
A
Permit
,
non-inflatable ride
$225
B
Permit,
inflatable ride
$100
C
Annual
inspection and reinspection per ride:
D
Kiddie
rides
$100
E
Family
rides
$200
F
Major
rides
$300
G
Spectacular
rides
$400
H
Family/portable
roller coasters
$1,200
I
Tower
rides
$1,800
J
Roller
coaster
Large
roller coasters
$1,200
$4,000
K
Aerial
lifts or bungee jumping facilities
$450
L
Go
karts, per kart
$5
M
Inflatable
rides, three or fewer that are inspected at the same time at the
same location and that are owned by the same owner
$100
per inflatable ride
N
Inflatable
rides, four to ten that are inspected at the same time at the same
location and that are owned by the same owner
$75
per inflatable ride
O
Inflatable
rides, eleven or more that are inspected at the same time at the
same location and that are owned by the same owner
$50
per inflatable ride
P
Other
rides
$160
Q
Midseason
operational inspection per ride
$25
R
Expedited
inspection per ride
$100
S
Failure
to cancel scheduled inspection per ride
$100
T
Failure
to have amusement ride ready for inspection per ride
$100
The
go kart inspection fee is in addition to the inspection fee for the
go kart track.
The
director shall adopt rules in accordance with Chapter 119. of the
Revised Code establishing an annual fee that is less than one hundred
five dollars for an inspection and reinspection of an inflatable
ride. In adopting the rules, the director shall ensure that the fee
reasonably reflects the costs of inspection and reinspection of an
inflatable ride. If the director issues a permit for an inflatable
ride for a time period of less than one year, the director shall
charge a prorated fee for the permit equal to one-twelfth of the
annual permit fee multiplied by the number of full months for which
the permit is issued.
The
fees for an expedited inspection, failure to cancel a scheduled
inspection, and failure to have an amusement ride ready for
inspection do not apply to go karts.
As
used in division (E)(1) of this section, "expedited inspection"
means an inspection of an amusement ride by the department not later
than ten days after the owner of the amusement ride files an
application for a permit under this section.
(2)
All fees and fines collected by the department under this chapter
shall be deposited in the state treasury to the credit of the
amusement ride inspection fund, which is hereby created, and shall be
used only for the purpose of administering and enforcing section
1711.11 of the Revised Code and this chapter.
(3)
The owner of an amusement ride shall be required to pay a
reinspection fee only if the reinspection is required by division
(B)(2) of this section or rules adopted under that division, if the
reinspection was conducted at the owner's request under division (F)
of this section, if the reinspection is required by division (F) of
this section because of an accident, or if the reinspection is
required by division (F) of section 993.07 of the Revised Code. If a
reinspection is conducted at the request of the chief officer of a
fair, festival, or event where the ride is operating, the
reinspection fee shall be charged to the fair, festival, or event.
(4)
The rules adopted under division (B) of this section shall define
"roller
coaster," "aerial lifts,"
"inflatable
ride,"
"go karts,"
and
"other rides"
"kiddie
ride," "family ride," "major ride,"
"spectacular ride," "family/portable roller coaster,"
"tower ride," and "large roller coaster"
for
purposes of determining the fees under division (E) of this section.
The
rules shall define "other rides" to include go kart tracks.
(F)
A reinspection of an amusement ride shall take place if an accident
occurs, if the owner of the ride or the chief officer of the fair,
festival, or event where the ride is operating requests a
reinspection, if the chief inspector determines reinspection is
necessary in accordance with section 993.042 of the Revised Code, or
if the reinspection is required by division (F) of section 993.07 of
the Revised Code.
(G)
As a supplement to its annual inspection of a temporary amusement
ride, the department may inspect the ride during each scheduled
event, as listed in the schedule of events provided to the department
by the owner pursuant to division (C) of section 993.07 of the
Revised Code, at which the ride is operated in this state. These
supplemental inspections are in addition to any other inspection or
reinspection of the ride as may be required under this chapter or
rules adopted under it, and the owner of the temporary amusement ride
is not required to pay an inspection or reinspection fee for this
supplemental inspection unless the supplemental inspection is being
conducted pursuant to division (B)(2) of this section or rules
adopted under that division. Nothing in this division shall be
construed to prohibit the owner of a temporary amusement ride having
a valid permit to operate in this state from operating the ride at a
scheduled event before the department conducts a supplemental
inspection.
(H)
The department may annually conduct a midseason operational
inspection of every amusement ride upon which it conducts an annual
inspection pursuant to division (A) of this section. The midseason
operational inspection is in addition to any other inspection or
reinspection of the amusement ride as may be required pursuant to
this chapter. The owner of an amusement ride shall submit to the
department, at the time determined by the department, the midseason
operational inspection fee specified in division (E) of this section.
The director, in accordance with Chapter 119. of the Revised Code,
shall adopt rules specifying the time period during which the
department will conduct midseason operational inspections.
Sec.
1327.52.
Any
weights and measures official elected or appointed for a county or
municipality shall have the duties enumerated in divisions (I) to (M)
and
(T)
of
section 1327.50 of the Revised Code, and the powers enumerated in
section 1327.51 of the Revised Code. These powers and duties shall
extend to the respective jurisdictions, except that the jurisdiction
of a county official shall not extend to any municipal corporation
for which a weights and measures official has been appointed. The
director of agriculture shall advise and assist these officials.
Sec.
1327.55.
Except
as otherwise provided by the director of agriculture or by firmly
established trade customs and practices, commodities shall be sold as
follows:
(A)
Commodities in liquid form shall be sold by liquid measure or by
weight;
(B)
Commodities not in liquid form shall be sold only by weight, measure,
or
county
count
,
or a combination thereof;
(C)
The method of sale of commodities shall provide accurate quantity
information that enables the buyer to make price and quantity
comparisons.
Sec.
3715.04.
(A)
As used in this section:
(1)
"Certificate of health and freesale" means a document
issued by the director of agriculture that certifies to states and
countries receiving products that the products have been produced and
warehoused in this state under sanitary conditions at a food
processing establishment or at a place of business of a manufacturer
of over-the-counter drugs or cosmetics, as applicable, that has been
inspected by the department of agriculture. Other names of documents
that are synonymous with "certificate of health and freesale"
include, but are not limited to, "sanitary certificate of health
and freesale"; "certificate of origin"; "certificate
of freesale"; "certificate of health and origin";
"certificate of freesale, sanitary and purity"; and
"certificate of freesale, health and origin."
(2)
"Food processing establishment" has the same meaning as in
section 3715.021 of the Revised Code.
(B)
Upon the request of a food processing establishment, manufacturer of
over-the-counter drugs, or manufacturer of cosmetics, the director
may issue a certificate of health and freesale after determining that
conditions at the establishment or place of business of the
manufacturer, as applicable, have been found to be sanitary through
an inspection conducted pursuant to this chapter. For each
certificate issued, the director
shall
may
charge
the establishment or manufacturer a fee in
the
an
amount
of
twenty dollars
established
in division (G) of section 901.43 of the Revised Code
.
The director shall deposit all fees collected under this section to
the credit of the food safety fund created in section 915.24 of the
Revised Code.
Sec.
4707.091.
(A)
(A)(1)
Prior to the expiration of an auctioneer's license, an auctioneer may
submit an application to the department of agriculture, on forms
provided by the department, to place the license on deposit with the
department for a period not to exceed two years. Not later than
fourteen days after receipt of
an
the
application
under this section
,
the department shall accept or deny the application.
(2)
If a licensee fails to place the license on deposit prior to
expiration of the auctioneer license, the director of agriculture or
the director's designee, may grant a medical exception upon written
request by the licensee to retroactively place the auctioneer license
on deposit. To receive an exception, the licensee shall submit along
with the request satisfactory proof that a medical exception is
warranted.
(B)
If
the
department accepts the application,
an auctioneer
who
has
a license on deposit with the department under this section
,
the auctioneer
shall not act as an auctioneer while the license is on deposit. In
addition, such an auctioneer shall not be required to pay an
assessment under section 4707.25 of the Revised Code.
(C)
An auctioneer may reacquire a license on deposit from the department
if the auctioneer does all of the following prior to reacquisition:
(1)
Submits a written request to the department that contains the
business address and telephone number of the auctioneer;
(2)
Pays a reactivation fee for the license in the following amount:
(a)
In the case of an auctioneer whose license is reacquired during the
first half of the biennium according to the biennial schedule
established in division (A) of section 4707.10 of the Revised Code,
two hundred dollars;
(b)
In the case of an auctioneer whose license is reacquired during the
second half of the biennium according to that biennial schedule, one
hundred dollars.
(3)
Pays the assessment that is levied under section 4707.25 of the
Revised Code for the current year, if applicable;
(4)
Provides proof of financial responsibility as required in section
4707.11 of the Revised Code, if applicable;
(5)
Complies with any other requirement established in rules adopted by
the director under section 4707.19 of the Revised Code
;
(6)
Provides proof of completion of the continuing education requirements
established in section 4707.101 of the Revised Code
.
(D)
If an auctioneer, at the time of placing the auctioneer's license on
deposit, has not maintained proof of financial responsibility for the
entire period of time required under section 4707.11 of the Revised
Code, the auctioneer, beginning at the time of reacquisition, shall
maintain proof of financial responsibility for the remainder of the
time required under that section.
Sec.
4707.151.
(A)
No person shall engage in bid rigging.
(B)
As used in this section
,
"bid
:
(1)
"Bid
rigging"
means a conspiracy between auctioneers, any participants in an
auction, or any other persons who agree not to bid against each other
at an auction or who otherwise conspire to decrease or increase the
number or amounts of bids offered at auction.
(2)
"Auction" includes an online auction.
Section
2.
That existing sections
905.39,
905.55, 905.59, 915.14, 917.20, 918.12, 923.43, 923.47, 924.07,
924.53,
993.01
,
993.04
,
1327.52, 1327.55, 3715.04, 4707.091, and 4707.151
of the Revised Code are hereby repealed.
Section
3.
That
section 1345.021 of the Revised Code is hereby repealed.
Section
4.
(A)
Notwithstanding section 993.04 of the Revised Code, as amended by
this act, beginning on the effective date of this section and
expiring on November 30, 2027, the Department of Agriculture shall
charge the following amusement ride fees:
1
2
A
Permit,
non-inflatable
$225
B
Permit,
inflatable ride
$162.50
C
Annual
inspection and reinspection per ride:
D
Kiddie
rides
$100
E
Family
rides
$180
F
Major
rides
$230
G
Spectacular
rides
$280
H
Family/portable
roller coasters
$1,200
I
Tower
rides
$1,300
J
Large
roller coasters
$3,250
K
Go
karts, per kart
$5
L
Inflatable
rides, three or fewer that are inspected at the same time at the
same location and that are owned by the same owner
$102
per inflatable ride
M
Inflatable
rides, four to ten that are inspected at the same time at the same
location and that are owned by the same owner
$89.50
per inflatable ride
N
Inflatable
rides, eleven or more that are inspected at the same time at the
same location and that are owned by the same owner
$77
per inflatable ride
O
Midseason
operational inspection per ride
$25
P
Expedited
inspection per ride
$100
Q
Failure
to cancel scheduled inspection per ride
$100
R
Failure
to have amusement ride ready for inspection per ride
$100
The
go kart inspection fee is in addition to the inspection fee for the
go kart track.
The
fees for an expedited inspection, failure to cancel a scheduled
inspection, and failure to have an amusement ride ready for
inspection do not apply to go karts.
As
used in this section, "expedited inspection" has the same
meaning as division (E)(1) of section 993.04 of the Revised Code, as
amended by this act.
(B)
Beginning on and after December 1, 2027, such fees shall be levied in
accordance with division (E)(1) of section 993.04 of the Revised
Code, as amended by this act.
Speaker
___________________ of the House of Representatives.
President
___________________ of the Senate.
Passed
________________________, 20____
Approved
________________________, 20____
Governor.
The section numbering of law
of a general and permanent nature is complete and in conformity with
the Revised Code.
Director, Legislative
Service Commission.
Filed
in the office of the Secretary of State at Columbus, Ohio, on the
____ day of ___________, A. D. 20____.
Secretary of State.
File
No. _________ Effective Date ___________________