Ohio Admin. Code 901-19-01

Current through all regulations passed and filed through November 4, 2024

Section 901-19-01 - Definitions

As used in Chapter 901-19 of the Administrative Code:

(A) "Accessory reproductive tissue" includes testicular tissue and epididymis.

(B) "Agricultural society" or "society" means a county agricultural society or an independent agricultural society that is organized under the laws of the state of Ohio.

(C) "Approved drug" means a drug with an established tolerance approved by the United States food and drug administration listed at 21 C.F.R. part 556 when used according to label directions for the species indicated on the label.

(D) "Breed show" or "breed class" means a show or class limited to breeding stock of a specific breed of livestock.

(E) "Class" means a division within a show or exhibition as defined by a sponsor.

(F) "Department" means the department of agriculture created under section 121.02 of the Revised Code.

(G) "Designee" when used in reference to an exhibitor, means a member of the exhibitor's family or household or any other registered or authorized representative of the exhibitor.

(H) "Director" means the Ohio director of agriculture appointed pursuant to section 121.03 of the Revised Code.

(I) "Drenching" means the act of using an instrument, including a bottle, placed in an animal's mouth to orally administer a liquid, food, or any other substance.

(J) "Drug" means drug as defined in section 4729.01 of the Revised Code and its metabolites.

(K) "Drug use notification form" means the declaration statement or document completed by the exhibitor attesting to responsible drug stewardship and to the slaughter eligibility of the livestock for food safety purposes.

(L) "Exhibition" means any of the following:

(1) A show or sale of livestock at a fair or elsewhere that is sponsored by or under the control of a county or independent agricultural society organized under section 1711.01 or 1711.02 of the Revised Code;

(2) A show or sale of livestock at the Ohio state fair;

(3) A livestock show at a fair or elsewhere or a livestock sale at or associated with a fair or livestock show that is assembled for any length of time;

(4) A livestock show at a fair or elsewhere or a livestock sale at or associated with a fair or livestock show that includes livestock with origins outside this state;

(5) Any show or sale of livestock at a fair or elsewhere that is specified by rule of the director of agriculture adopted under section 901.72 of the Revised Code.

(M) "Exhibition drug residue legal" means livestock:

(1) Have only been administered an approved drug, for which the withdrawal time has elapsed and met tolerance;

(2) Have not been administered an unapproved drug; and

(3) Do not contain an unlawful substance.

(N) "Exhibitor" means any person who shows, displays, or exhibits livestock at an exhibition.

(O) "Extra label use" or "extra label" means the same as the definition as listed in 21 C.F.R. 530.3 .

(P) "Fair" means the annual exhibition held by the Ohio expositions commission, pursuant to division (A)(1) of section 991.03 of the Revised Code, or a county agricultural society or independent agricultural society, as reported to the director pursuant to rule 901-5-11 of the Administrative Code.

(Q) "Family" means the immediate family of an exhibitor, including but not limited to the exhibitor's parent, step-parent, foster parent, grandparent, step-grandparent, foster grandparent, brother, sister, step-brother, step-sister, half-brother, half-sister, son, daughter, step-son, step-daughter, or guardian.

(R) "Grand champion" means the highest placing livestock entry of a show.

(S) "Household" means the permanent residence address of the exhibitor.

(T) "Internal rule" means any rule adopted by a sponsor or applicable to the sponsor's exhibition, and includes all mandatory rules and those optional rules from which the sponsor does not exempt itself or its exhibition.

(U) "Junior livestock show or junior livestock exhibition" means a show limited to exhibitors eight years of age and in the third grade through nineteen years of age, or as authorized to participate in either 4-H, FFA, or other youth organization.

(V) "Label" means the attached label, labeling statement, or the accompanying brochure that lists the approved species, dose, route of administration, withdrawal time and any cautionary statement as permitted by the United States food and drug administration; a prescription label; or the requirements of labeling for an extra label use drug as permitted by the United States food and drug administration.

(W) "Licensed livestock facility" means a livestock facility licensed pursuant to Chapter 943. of the Revised Code or a similar law of another state.

(X) "Livestock" means any animal generally used for food or in the production of food, including cattle, sheep, goats, rabbits, poultry, swine, alpacas, and llamas.

(Y) "Mandatory rule" means any rule adopted by the director relating to food safety or the health, safety, or welfare of livestock and from which a sponsor may not exempt itself or its exhibition.

(Z) "Market flock style project" means ownership including an individual junior exhibitor, family of a junior exhibitor or a cooperative made up of junior exhibitors. Through this type of ownership, the junior exhibitor(s) are to care for, groom, and select any and all birds to be used in exhibitions as well as actively participate in any decision making processes for the flock.

(AA) "Market livestock" means exhibition livestock bred, raised, and intended for slaughter for food purposes. For the purposes of this chapter, horses are not considered livestock.

(BB) "Market poultry" means birds including, but not limited to, meat chickens, turkeys, geese and ducks.

(CC) "Non-terminal show" means a show in which no livestock is required to be slaughtered.

(DD) "Official eartag" means a United States department of agriculture animal and plant health inspection service approved electronic identification device that is both visibly and electronically readable and approved by the department.

(EE) "Official veterinarian" means any licensed and accredited veterinarian approved by the Ohio department of agriculture, or an employee of the Ohio department of agriculture or the United States department of agriculture, animal plant health inspection service, veterinary services.

(FF) "Optional rule" means any rule adopted by the director from which a sponsor may exempt itself or its exhibition.

(GG) "Partial terminal show" means a show in which no fewer than the grand champion and reserve grand champion in each show or market class of livestock are sent directly to slaughter or to a licensed livestock facility no later than or immediately following the conclusion of the exhibition.

(HH) "Prescription" means prescription as defined in division (H) of section 4729.01 of the Revised Code.

(II) "Quarantine" means isolation pursuant to section 941.07 of the Revised Code.

(JJ) "Reserve grand champion" means the second highest placing livestock entry of a show.

(KK) "Residue" means residues as defined in section 941.01 of the Revised Code.

(LL) "Show" means that part of the exhibition restricted to competitively exhibiting a single species or category of livestock .

(MM) "Slick clipping" or "body shaving" means having hair that is less than one half inch in length on the body of market hogs.

(NN) "Terminal show" means a show in which all livestock entered in the show are sent directly to slaughter or to a licensed livestock facility no later than or immediately following the conclusion of the exhibition.

(OO) "Tolerance " means the lowest of the maximum concentrations of a marker residue, or other residue indicated for monitoring, that can legally remain in edible tissues of a treated animal species according to label instructions under United States food and drug administration regulations found in 21 C.F.R. part 556.

(PP)"Unapproved drug" means:

(1) Any drug, chemical, or pharmacologic compound not approved for use in livestock by the United States food and drug administration;

(2) A drug, or approved drug used extra label, for which no established tolerance has been listed by the United States food and drug administration under 21 C.F.R. 556, but has been detected through testing;

(3) Any drug, chemical, or compound that alters the mental or behavioral status of the animal, including, but not limited to sedatives, tranquilizers, depressants, stimulants, or dissociative or psychoactive compounds;

(4) Any drug prohibited by division (E)(1)(b) of section 901.76 of the Revised Code; or

(5) An approved drug administered to livestock not in accordance with paragraph (M) of rule 901-19-12 of the Administrative Code.

(QQ) "Unlawful substance" means any of the following:

(1) A substance which is not normally found in or does not naturally occur in livestock;

(2) A substance which is normally found in or does naturally occur in livestock, but is detected or discerned in an amount or area greater than normal;

(3) Any drug required to be listed, but which is not listed on a drug use notification form;

(4) Any unapproved drug present in livestock regardless of how the drug came to be present ; or

(5) Any other drug, chemical, or compound which is not considered an approved drug.

(RR) "Veterinarian" means any person licensed to practice veterinary medicine under Chapter 4741. of the Revised Code or under the similar laws of another state.

(SS) "Withdrawal period" or "withdrawal time" means the period of time from when a drug is administered to when the drug concentration falls below the tolerance.

Ohio Admin. Code 901-19-01

Effective: 5/23/2024
Five Year Review (FYR) Dates: 3/8/2024 and 05/23/2029
Promulgated Under: 119.03
Statutory Authority: 901.72
Rule Amplifies: 901.70
Prior Effective Dates: 07/06/1995 (Emer.), 10/04/1995, 06/23/1996, 05/01/1997, 06/01/1998, 05/31/2001, 02/15/2003, 02/17/2006, 03/21/2016