901-19-19 Absolute liability.

This is a mandatory rule.

(a) Both the exhibitor and the owner of livestock are absolutely liable to discipline under rule 901-19-21 of the Administrative Code for the presence of an unlawful substance in livestock and unacceptable practices done to livestock.

(b) If the exhibitor or the owner was a minor child at the time the unlawful substance or unacceptable practice was detected, the parent or guardian of the person shall also be absolutely liable to discipline under rule 901-19-21 of the administrative Code for the presence of an unlawful substance in livestock and unacceptable practices done to livestock.

(C) The director or the sponsor in imposing discipline under paragraph (A) of this rule upon a person, shall mitigate the discipline imposed based upon one or more of the following facts if established.

(1) The person did not introduce the unlawful substance into the animal or do any unacceptable practices to the livestock;

(2) The person had no actual or constructive knowledge that the unlawful substance was introduced into the livestock or that unacceptable practices had been done to the livestock;

(3) The unlawful substance was not introduced into the livestock and the unacceptable practices were not done to the livestock through the person's negligence.

R.C. 119.032 review dates: 08/13/2010 and 08/13/2015
Promulgated Under: 119.03
Statutory Authority: 901.72
Rule Amplifies: 901.72
Prior Effective Dates: 7/6/95 (emer.), 10/4/95, 6/23/96