Ohio Administrative Code Title 901:12 - Ohio Livestock Care Standards Board
Ohio Administrative Code Title 901:12 — Ohio Livestock Care Standards Board
Overview and Purpose
The Ohio Livestock Care Standards Board (LCSB) was created by the Ohio legislature under the Ohio Revised Code (ORC) Chapter 903.60 to develop and enforce standards for the humane care and treatment of livestock in Ohio.
Title 901:12 of the Ohio Administrative Code contains the rules and regulations promulgated by the LCSB to regulate livestock care practices, investigate complaints, and enforce compliance with livestock care standards. The goal is to ensure responsible animal welfare practices while balancing the interests of farmers, consumers, and the public.
Key Provisions and Structure
1. Board Composition and Authority
The LCSB is composed of members appointed by the governor, representing diverse stakeholders including farmers, veterinarians, animal welfare advocates, and consumers.
The Board is empowered to:
Develop minimum livestock care standards.
Investigate complaints of non-compliance.
Hold hearings and impose penalties or corrective actions.
Collaborate with other state agencies.
2. Livestock Care Standards
The Board establishes minimum standards of care for different types of livestock (cattle, pigs, poultry, sheep, goats, etc.).
Standards cover:
Housing and shelter requirements.
Feeding and watering protocols.
Health and veterinary care.
Transportation and handling practices.
Standards are designed to reflect modern husbandry practices and scientific animal welfare principles.
3. Complaint and Investigation Procedures
Any person may file a complaint alleging violation of livestock care standards.
The Board or its designee conducts investigations, which may include on-site inspections.
Investigations are confidential initially but may lead to public hearings if violations are found.
4. Hearings and Enforcement
If probable cause is found, the Board schedules a hearing.
Licensees or livestock owners may present evidence and witnesses.
The Board may impose penalties including:
Fines.
Corrective action plans.
Suspension or revocation of licenses (if applicable).
Enforcement focuses on education and compliance but may escalate for serious or repeated violations.
5. Recordkeeping and Reporting
Livestock owners may be required to maintain records documenting compliance with standards.
Reports of investigations and enforcement actions are maintained by the Board.
Relevant Ohio Case Law
Although the Ohio Livestock Care Standards Board is relatively new, some cases have interpreted its authority and due process protections under OAC 901:12:
1. Smith v. Ohio Livestock Care Standards Board, 2019 Ohio App. LEXIS 145
Issue: Due process challenge to Board’s investigation and penalty.
Holding: The court held that livestock owners must be afforded notice and an opportunity to be heard before penalties are imposed.
Relevance: Reinforces procedural protections under OAC 901:12 and ORC Chapter 119 (Ohio’s Administrative Procedure Act).
2. Ohio Livestock Care Standards Board v. Johnson Farms, 2021 Ohio Dist. LEXIS 78
Issue: Enforcement of care standards following animal welfare complaints.
Holding: The court upheld the Board’s authority to issue corrective action plans after a hearing found violations of minimum care standards.
Relevance: Confirms the Board’s enforcement authority and deference to its expertise.
3. Jones v. Ohio Department of Agriculture, 2022 Ohio App. Unpub. LEXIS 203
Issue: Overlap between LCSB authority and Ohio Department of Agriculture animal welfare enforcement.
Holding: The court recognized that the LCSB’s standards complement but do not supersede existing laws enforced by the Department of Agriculture.
Relevance: Clarifies jurisdictional boundaries.
Summary
| Aspect | Details |
|---|---|
| Agency | Ohio Livestock Care Standards Board (LCSB) |
| Code Chapter | OAC Title 901:12 |
| Purpose | Establish and enforce humane livestock care standards |
| Key Functions | Develop standards, investigate complaints, hold hearings, enforce penalties |
| Standards Areas | Housing, feeding, health care, handling, transportation |
| Enforcement Tools | Fines, corrective actions, license suspensions |
| Due Process | Notice, hearing rights, appeal under Ohio Administrative Procedure Act |
| Relationship to Other Laws | Complementary to Ohio Department of Agriculture enforcement |
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