Ohio Code 941.04 – Access to premises containing contagious or infected animal by director or representative
(A) Whenever the director of agriculture or the director’s authorized representative reasonably suspects that any premises or means of conveyance contains an animal that is infected with or has been exposed to a dangerously contagious or infectious disease or a disease of concern or is adulterated with a residue, the director or the director’s authorized representative shall have free access to those premises or that means of conveyance at any reasonable time.
Terms Used In Ohio Code 941.04
- 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
- Animal: means any animal that is a bird, reptile, amphibian, fish, or mammal, other than humans. See Ohio Code 941.01
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- Dangerously contagious or infectious disease: means any disease, including any foreign animal disease, or vector, that the director of agriculture, in the director's sound discretion, determines to be of harmful effect on the animal or poultry industry or the public health and to be capable of transmission by any means from a carrier animal to a human or to another animal. See Ohio Code 941.01
- Disease of concern: means any disease, including any foreign animal disease, or vector, that the director determines may have an adverse impact on the animal or poultry industry or to the public health in this state, but that is not a disease that is reportable to the United States department of agriculture. See Ohio Code 941.01
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Residue: means any poisonous or deleterious pesticide governed by 40 C. See Ohio Code 941.01
- Seal: means any band or object made of metal, plastic, or other material placed on a vehicle or other means of conveyance so that when the vehicle or conveyance is opened, the band or object is affected, altered, or broken. See Ohio Code 941.01
- state: means the state of Ohio. See Ohio Code 1.59
- United States: includes all the states. See Ohio Code 1.59
(B) Whenever the director of agriculture or the director’s authorized representative reasonably suspects that any vehicle or means of conveyance traveling into or through the state contains an animal, the director or the director’s authorized representative shall have free access to the vehicle or means of conveyance, including the right to stop the vehicle or conveyance transporting animals into or through the state. The director or the director’s authorized representative may examine any certificate of veterinary inspection, animal health certificate, waybill, yarding receipt, sale ticket, or other document required by this chapter or rules adopted under it. The director or the director’s authorized representative also may inspect the vehicle or conveyance for the purposes of verifying the presence or existence of any animal for which a document is required by this chapter or rules adopted under it and verifying lawful possession or ownership of the animal. This division does not apply to animals transported intrastate.
Within the parameters of the United States and Ohio constitutions, any person who operates a vehicle or means of conveyance upon a roadway in this state is deemed to have consented to the inspection of the vehicle or conveyance and the documents as described in this section.
(C) In the event the owner of the animal or the operator of the vehicle or conveyance fails to present any document required by this chapter and rules adopted under it, or if the documents indicate or the director or the director’s authorized representative reasonably suspects that an animal is infected with or has been exposed to a dangerously contagious or infectious disease or a disease of concern or is adulterated with a residue, the director or the director’s authorized representative shall seal the vehicle or conveyance. A seal shall not be broken or removed from a vehicle or conveyance within this state or any other state except by the director or the director’s authorized representative or by a person holding a similar position in another state, territory, or country.
Once the vehicle or conveyance is sealed, its operator shall choose a course of action to be taken under division (D) of section 941.10 of the Revised Code. If the operator fails to choose and the owner of the animal can be contacted, the owner shall make the choice. If the owner cannot be contacted, the director or the director’s authorized representative shall make the choice. Any time that the director or the director’s authorized representative determines that a course of action under division (D) of section 941.10 of the Revised Code is inappropriate, the director or the director’s authorized representative may refuse to allow that course of action to be taken or may limit it. The director or the director’s authorized representative shall issue a permit designating and requiring compliance with the course of action chosen under this division.
If the director or the director’s authorized representative reasonably suspects that an animal is stolen or that the operator of the vehicle or conveyance is not in lawful possession of the animal, or while waiting for a search warrant to be issued under section 941.042 of the Revised Code, the director or the director’s authorized representative may detain or impound the vehicle or conveyance or detain the animal. If the director or the director’s authorized representative determines, during any detention or impoundment, that disposal of the animal is necessary, the director or the director’s authorized representative may provide for its disposal in accordance with section 941.043 of the Revised Code.
(D) The director or the director’s authorized representative, in performing official duties under this section, may call on such law enforcement personnel and government officials as are necessary to provide assistance. The director or the director’s authorized representative may detain or follow any vehicle or conveyance until those persons arrive.
(E) At the direction of the director and in the director’s discretion, an employee of the animal and plant health inspection service-veterinary services in the United States department of agriculture may be an authorized representative of the director for purposes of this chapter.