Ohio Code 904.02 – Ohio livestock care standards board created
(A) There is hereby created the Ohio livestock care standards board consisting of the following members:
Terms Used In Ohio Code 904.02
- agriculture: includes farming; ranching; aquaculture; algaculture meaning the farming of algae; apiculture and related apicultural activities, production of honey, beeswax, honeycomb, and other related products; horticulture; viticulture, winemaking, and related activities; animal husbandry, including, but not limited to, the care and raising of livestock, equine, and fur-bearing animals; poultry husbandry and the production of poultry and poultry products; dairy production; the production of field crops, tobacco, fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees, flowers, sod, or mushrooms; timber; pasturage; any combination of the foregoing; the processing, drying, storage, and marketing of agricultural products when those activities are conducted in conjunction with, but are secondary to, such husbandry or production; and any additions or modifications to the foregoing made by the director of agriculture by rule adopted in accordance with Chapter 119 of the Revised Code. See Ohio Code 1.61
- livestock: means either of the following:
(A) Equine animals regardless of the purpose for which they are raised;
(B) Any of the following animals that are raised for human food products or fiber:
(1) Porcine animals;
(2) Bovine animals;
(3) Caprine animals;
(4) Ovine animals;
(5) Poultry;
(6) Alpacas;
(7) Llamas;
(8) Any other animal designated in rules adopted under section 904. See Ohio Code 904.01
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Quorum: The number of legislators that must be present to do business.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- state: means the state of Ohio. See Ohio Code 1.59
(1) The director of agriculture, who shall be the chairperson of the board;
(2) Ten members appointed by the governor with the advice and consent of the senate. The ten members shall be residents of this state and shall include the following:
(a) One member representing family farms;
(b) One member who is knowledgeable about food safety in this state;
(c) Two members representing statewide organizations that represent farmers;
(d) One member who is a veterinarian licensed under Chapter 4741. of the Revised Code;
(e) The state veterinarian in the department of agriculture;
(f) The dean of the agriculture department of a college or university located in this state;
(g) Two members of the public representing consumers in this state;
(h) One member representing a county humane society organized under Chapter 1717 of the Revised Code.
(3) One member appointed by the speaker of the house of representatives who shall be a family farmer;
(4) One member appointed by the president of the senate who shall be a family farmer.
Not more than seven members appointed to the board at any given time shall be of the same political party.
(B)(1) The governor, the speaker of the house of representatives, and the president of the senate shall make appointments to the board not later than forty-five days after the effective date of this section.
(2) The following initial members of the board appointed by the governor shall be appointed for a term ending January 25, 2011:
(a) The member representing family farmers;
(b) The dean of the agriculture department of a college or university located in this state;
(c) The member who is a veterinarian licensed under Chapter 4741. of the Revised Code;
(d) One of the members of the public representing consumers in this state.
(3) The following initial members of the board shall be appointed for a term ending January 15, 2012:
(a) The member appointed by the speaker of the house of representatives who is a family farmer;
(b) One of the members representing a statewide organization that represents farmers;
(c) The member representing a county humane society organized under Chapter 1717 of the Revised Code;
(d) The member who is knowledgeable about food safety in this state.
(4) The following initial members of the board shall be appointed for a term ending January 15, 2013:
(a) The member appointed by the president of the senate who is a family farmer;
(b) One of the members of the public representing consumers in this state;
(c) One of the members representing a statewide organization that represents farmers.
(C) After the initial terms served in accordance with division (B) of this section, terms of office shall be for three years with each term ending on the same day of the same month as did the term that it succeeds. However, the terms for the director of agriculture and the state veterinarian shall coincide with the length of time that the person holds the position of director or state veterinarian, as applicable. If the director or the state veterinarian resigns or that person’s employment is terminated, the director or state veterinarian, as applicable, shall cease to serve on the board, and the successor of the director or state veterinarian shall then serve on the board in accordance with this section. Every other member shall hold office from the date of the member’s appointment until the end of the term for which the member was appointed.
Vacancies on the board shall be filled in the manner provided for original appointments. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member’s predecessor was appointed shall hold office for the remainder of that term. A member shall continue in office subsequent to the expiration date of the member’s term until the member’s successor takes office, or until a period of one hundred eighty days has elapsed, whichever occurs first. A member may be reappointed upon the expiration of the member’s term.
(D) The board shall hold at least three regular meetings each year and may hold additional meetings at times that the chairperson or a majority of the board members considers appropriate. At the three regular meetings held by the board each year, the board shall conduct a review of the rules governing the care and well-being of livestock that have been or are proposed to be adopted under section 904.03 of the Revised Code.
At the first meeting of the board in each calendar year, the director shall designate one member of the board to serve as its vice-chairperson. A majority of the board constitutes a quorum. The board may act only if a quorum is present and only by majority vote of that quorum. A vacancy on the board does not impair the right of the other members to exercise all of the board’s powers.
(E) Serving as an appointed member of the board does not constitute holding a public office or position of employment under the laws of this state and does not constitute grounds for removal of public officers or employees from their offices or positions of employment.
(F) Appointed members of the board shall receive no compensation for their services. Members shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties as members. The expenses shall be paid from the Ohio livestock care standards fund created in section 904.06 of the Revised Code. The expenses shall be paid in accordance with the rules and requirements adopted by the department of administrative services that are applicable to state employees.
(G) The board may create committees that it considers appropriate to make recommendations to the board. Committees may include non-board members.