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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 901:1-6 | High Volume Dog Breeders

 
 
 
Rule
Rule 901:1-6-01 | Definitions and general considerations.
 

(A) "Access the outdoors" means allowing the dog to exit the indoor structure or building in which the dog is primarily housed for the purpose of safely experiencing the natural, open air environment.

(B) "Attending veterinarian" means a veterinarian who assumes responsibility for primary care of a patient.

(C) "Clean" means an environmental condition free of unwanted matter: solids, liquids, gases or living organisms that have the potential to cause adverse effects to health and welfare of adult dogs, puppies, and humans.

(D) "Dam" means the female parent of a puppy.

(E) "Enrichment" means any modification in the environment of a confined dog that seeks to enhance the dog's physical and psychological well-being by providing stimuli that meets the dog's breed specific needs.

(F) "Exercise" means activity that allows a dog to expend to full stride, play, and engage in other types of mentally stimulating and social behaviors.

(G) "Housing facility" means any land, premises, shed, barn, building, trailer, or other structure or area which houses or is intended to house adult dogs or puppies.

(H) "Indoor housing" means any structure or building with environmental controls intended to house adult dogs or puppies.

(I) "Inspection veterinarian" means a veterinarian who has entered into a contract or agreement with the director of the Ohio department of agriculture, as defined in division (F)(1) of section 956.10 of the Revised Code, to inspect a high volume dog breeders facility to ensure compliance with this chapter.

(J) "Outdoor housing" means any structure, building, land, or premises, housing or intended to house adult dogs or puppies, and in which temperatures cannot be controlled within set limits.

(K) "Primary enclosure" means an enclosure that directly houses the adult dog or puppy in which the adult dog or puppy has direct contact with the enclosure material and sufficient space to turn about freely, stand, sit, lie in a comfortable normal position, and walk in a normal manner.

(L) "Sheltered housing" means a facility that consists of runs or pens in a shelter which provides the adult dogs or puppies with protection from the natural elements and protection from temperature extremes at all times. A sheltered housing facility may consist of runs or pens totally enclosed in a barn or building, or of connecting inside/outside runs or pens within a totally enclosed building.

(M) ""Solid flooring" means a material that will not flex under weight, accommodates footing and resting off of open metal floors, and may have perforations large enough to allow only moisture to pass through.

(N) "Weaned" means an adult dog or puppy that is no longer nursing from the adult dog or puppy's dam or foster dam.

(O) Distress occurs when animals are injured, sick, in pain, or are in inappropriate environmental conditions.

(P) Dogs are handled, sorted, and moved in a manner that minimizes distress.

(Q) Dead adult dogs or puppies will be disposed of pursuant to section 941.14 of the Revised Code.

(R) "Veterinary-Client-Patient-Relationship (VCPR)" has the same meaning as defined in section 4741.04 of the Revised Code.

(S) Nothing in the rules adopted in this chapter shall be construed to prevent a licensed veterinarian, or other person acting under the veterinarians supervision, from meeting the standards set forth in Chapter 4741. of the Revised Code or rules promulgated thereunder.

Last updated January 3, 2023 at 8:42 AM

Supplemental Information

Authorized By: 956.03
Amplifies: 956.01
Five Year Review Date: 1/1/2028
Prior Effective Dates: 10/10/2013
Rule 901:1-6-02 | Housing.
 

Unless otherwise specified, all housing for adult dogs and puppies kept by high volume breeders shall meet the minimum requirements listed in this rule.

(A) The housing facility shall be structurally sound and restrict the entry of other animals.

(B) The housing facility and primary enclosures shall be inspected daily and any defects shall be corrected as soon as possible.

(C) Each adult dog or puppy shall have access to and be housed in a primary enclosure which complies with the requirements of this rule.

(D) The primary enclosure shall:

(1) Allow each dog housed in the enclosure to turn in a complete circle, lie down, and fully extend the dog's limbs;

(2) Provide a resting place that has a solid floor large enough to accommodate all adult dogs and puppies in the primary enclosure at the same time and a partial or complete visual barrier. The solid flooring may be removable for cleaning purposes;

(3) Have an interior height at least six inches higher than the head of the tallest adult dog or puppy in the primary enclosure when the tallest adult dog or puppy is in a normal standing position;

(4) Not be stacked on top of another primary enclosure; and

(5) Restrict the entry of other animals.

(E) Primary enclosure size.

As used in paragraphs (E)(1) and (E)(2) of this rule, "dog" means a puppy that is twelve weeks of age or older or an adult dog.

(1) Prior to December 31, 2021, the primary enclosure shall provide each dog with a minimum amount of floor space, in square inches, that is equal to at least two times the following: the square of the length of the dog housed in the enclosure in inches, as measured from the tip of the nose to the base of the tail six inches.

(2) On and after December 31, 2021, the primary enclosure shall provide each dog with a minimum amount of floor space, in square inches, that is equal to at least two times the following: the square of the length of the dog housed in the enclosure in inches, as measured from the tip of the nose to the base of the tail plus nine inches. For each additional dog that is kept or confined in a primary enclosure, the enclosure shall have additional floor space in square inches equal to the following: the square of the length of the dog housed in the enclosure in inches, as measured from the tip of the nose to the base of the tail plus nine inches.

(3) On and after December 31, 2021, weaned puppies up to twelve weeks of age shall be housed in a primary enclosure with a minimum floor space calculated as follows: the square of the length of the puppy housed in the enclosure in inches, as measured from the tip of the nose to the base of the tail, plus six inches.

(F) Flooring.

(1) The primary enclosure shall have a floor that is of a sufficient grid density to preserve the normal mobility and muscle tone of the dog, and does not sag, bend, or bounce.

(2) Open metal floors in primary enclosures shall be coated with a protective coating, and such coating may include but is not limited to plastic, fiberglass, or rubber.

(3) On and after December 31, 2021, the following requirements regarding flooring shall apply:

(a) The minimum floor space provided in accordance with paragraph (E) of this rule shall be solid or consist of slats. If the floor space consists of slats, the high volume breeder shall ensure that all of the following apply:

(i) The spaces between the slats are not more than one-half inch in width.

(ii) The slats are not less than three and one-half inches in width.

(iii) All of the slats run in the same direction.

(iv) The floor is level.

(b) Flooring shall:

(i) Consist of materials that can be cleaned and sanitized.

(ii) Be safe for the breed, size, and age of the dog.

(iii) Be free from protruding sharp objects.

(iv) Be designed so that the paw of the dog is unable to extend through or become caught in the flooring.

(v) Not consist of metal wire, unless the metal is coated with another material and the outer diameter of the coated metal measures six gauge or thicker.

(G) Temperature, ventilation, and lighting shall provide for the health and welfare of the dog by the following:

(1) If climatic or ambient temperatures pose a threat to the health and welfare of the adult dog or puppy, measures shall be taken to regulate the temperature to eliminate the threat. Outdoor housing cannot be used for dogs that cannot tolerate the prevalent temperatures without stress or discomfort, such as short haired breeds, sick, aged or young dogs that are not acclimated. The dog's age, species, breed, overall health and acclimation to the environment shall be taken into consideration;

(2) Dry bedding or other methods of conserving body heat shall be provided when temperatures are below fifty degrees F;

(3) Ventilation shall minimize drafts, odors, dust, ammonia levels, and moisture condensation;

(4) Lighting shall be uniformly diffused throughout the housing facility and provide normal day and night variations by natural or artificial source; and,

(5) Light intensity shall be sufficient for observation and cleaning.

(H) Indoor housing facilities shall:

(1) Constitute an enclosure created by the continuous connection of a roof, walls, floor, and foundation;

(2) Be sufficiently heated and cooled when necessary to protect the dogs from temperature or humidity extremes and to provide for their health and welfare; and

(3) Have at least one door for entry and exit that can be opened and closed, and windows to provide natural light which shall be covered with a transparent material such as glass or hard plastic.

(I) Sheltered housing facilities shall meet the following requirements:

(1) The sheltered part of the housing facility shall be ventilated by windows, doors, vents, fans; a combination of these; or by air conditioning;

(2) The sheltered part of the housing facility shall be sufficiently heated and cooled when necessary to protect the dogs from temperature or humidity extremes to provide for their health and welfare; and,

(3) Outdoor runs shall offer enough protection from the natural elements to accommodate all dogs housed in the primary enclosure in the event indoor access is denied.

(J) Outdoor housing facilities shall:

(1) Be used only if approved by a veterinarian;

(2) Include one or more shelter structures that protect adult dogs or puppies from the natural elements and are accessible to each adult dog or puppy in each outdoor facility; and,

(3) Have shelters that are large enough to allow all adult dogs or puppies in the shelter structure to sit, stand, and lie in a normal manner, and to turn about freely.

(K) Whelping areas shall be provided for all dams with litters and which meet the following requirements:

(1) Allows the dam to lie fully recumbent, stand, turn around and have freedom of position and movement;

(2) Contains all puppies;

(3) Provides some form of solid flooring;

(4) Provides insulation or heat source to prevent dissipation of heat from the whelping area so that all puppies are able to maintain appropriate body temperature;

(5) Permits the dam to temporarily move away from the puppies as the dam chooses;

(6) Ensures that no other animals inhabit the whelping area other than the dam and the puppies;

(7) Provides the dam and the puppies daily positive physical contact with people; and,

(8) Meets the minimum floor space requirements outlined in paragraph (E) of this rule.

(L) Storage areas shall be designed and maintained to protect medicines, drugs, bedding, or other supplies from deterioration, contamination, and vermin infestations.

(M) Cleaning.

(1) Excreta, dirt, grime, and other waste shall be removed from the primary enclosures at least once per day.

(2) Areas, other than the primary enclosure, where dogs are permitted are cleaned at least weekly.

(3) Hard surfaces with which the adult dogs or puppies come into contact with shall be cleaned daily and disinfected a minimum of once every two weeks with a cleaning solution safe for adult dogs or puppies.

(4) Housing facilities shall be equipped with disposal facilities and drainage systems that are constructed and operated so that fecal waste, urine, and water are rapidly eliminated from primary enclosures and adult dogs or puppies stay dry.

(5) Areas under outside sheltered runs shall be raked or cleaned at least weekly.

(N) Permanent tethering of adult dogs or puppies to any object is prohibited for use as primary enclosure.

(O) Adult dogs or puppies that are housed in the same primary enclosure shall be compatible with the following restrictions:

(1) Females in heat (estrus) shall not be housed in the same primary enclosure with males, except for breeding purposes;

(2) Any adult dog or puppy exhibiting a vicious or overly aggressive disposition shall be housed separately;

(3) The introduction of a new adult dog or puppy to an existing group of adult dogs or puppies housed together in the same facility or primary enclosure shall be done in a manner to minimize distress and aggression.

(4) Puppies four months of age or less may not be housed in the same primary enclosure with adult dogs other than their dams or foster dams.

(P) Each housing facility shall have a contingency plan conspicuously posted in case of emergencies, including but not limited to wind, fire, flood, or building collapse.

Last updated January 3, 2023 at 8:43 AM

Supplemental Information

Authorized By: 956.03
Amplifies: 956.03
Five Year Review Date: 1/1/2028
Rule 901:1-6-03 | Socialization.
 

Unless otherwise specified, this rule applies to all adult dogs and puppies kept by high volume breeders.

(A) Puppies shall have positive human physical contact during the first sixteen weeks of life to facilitate their social development.

(B) All adult dogs or puppies shall be provided with at least fifteen minutes of daily positive human contact and socialization beyond that which occurs during feeding and cleaning time. Human contact includes both verbal and tactile stimulation in a positive and beneficial manner.

(C) All adult dogs or puppies housed singly shall be provided daily with visual contact with other adult dogs, puppies, or humans; unless prohibited by the attending veterinarian.

(D) All adult dogs and puppies shall be provided some form of effective enrichment daily in the adult dog and puppies primary enclosure. Effective environmental enrichment includes any breed-specific inanimate object that promotes psychological simulation.

(E) Adult dogs or puppies shall not be segregated for extended periods of time in a manner devoid of any visual contact with other adult dogs or puppies.

(F) All adult dogs and puppies shall be provided with an opportunity for daily exercise of at least thirty minutes. However, this requirement does not apply to an expectant female dog beginning fifty-two days after the first breeding date until the dog gives birth, a postpartum female dog, or any other dog as directed by a veterinarian.

(G) All adult dogs and puppies shall have an opportunity to safely access the outdoors during daylight hours. However, this requirement does not apply to an expectant female dog beginning fifty-two days after the first breeding date and until the dog gives birth, a female dog that is nursing, or a puppy that is younger than twelve weeks of age.

Last updated January 3, 2023 at 8:43 AM

Supplemental Information

Authorized By: 956.03
Amplifies: 956.03
Five Year Review Date: 1/1/2028
Prior Effective Dates: 10/10/2013
Rule 901:1-6-04 | Food and water.
 

Unless otherwise specified or unless otherwise directed by a veterinarian, this rule applies to all adult dogs and puppies kept by high volume breeders.

(A) Dogs shall receive food at least two times per day that is of sufficient quantity and quality to ensure maintenance of normal body condition and weight.

(B) Dogs shall receive access to clean potable water on a continual basis that is of sufficient quantity and quality to ensure maintenance of normal body condition and growth.

(C) Water bottles with ball dispensers cannot be used as the only source of water, except during transportation.

(D) Food and water receptacles shall be kept clean and sanitary.

(E) Food provided shall be unspoiled and uncontaminated.

(F) A nutritional plan shall be developed with veterinary guidance.

(G) The appropriate number and size of food and water receptacles shall be provided to ensure access by all adult dogs and puppies in the housing facility.

(H) All food and water equipment shall be inspected on a weekly basis and maintained in working condition.

(I) Opened food shall be stored in leak proof containers with tightly fitting lids to protect them from spoilage, vermin infestation and contamination.

(J) Unopened food shall not be stored on the floor.

(K) Water and food may be restricted or withheld temporarily for purposes of:

(1) Preparation for administration of medication in the water; and,

(2) Specific management practices under veterinary direction.

Last updated January 3, 2023 at 8:43 AM

Supplemental Information

Authorized By: 956.03
Amplifies: 956.03
Five Year Review Date: 1/1/2028
Prior Effective Dates: 10/10/2013
Rule 901:1-6-05 | Health.
 

Unless otherwise specified, this rule applies to all adult dogs and puppies kept by high volume breeders.

(A) All high volume breeders shall have a valid veterinary-client-patient-relationship with a licensed veterinarian.

(B) The attending veterinarian shall:

(1) Visit each housing facility a minimum of one time per calendar year;

(2) Conduct a physical exam of each adult dog and puppy six months of age and older at the time of the yearly inspection; and,

(3) Provide a written annual plan requiring care for the adult dogs and puppies which shall include but is not limited to:

(a) Exercise;

(b) Nutritional plan;

(c) Behavior and social needs;

(d) A vaccination and parasite control program that is consistent with the recommendations of the American veterinarian medical association or the American animal hospital association;

(e) Health care plan shall include both of the following:

(i) The monitoring and surveillance plan for brucella canis as developed by the kennel veterinarian:

(a) Whole kennel testing for kennels in the first year of Ohio department of agriculture high volume dog breeding licensure;

(b) Testing of any new additions, both natural and acquired;

(c) Provision for addressing B. canis in semen to be used in the kennel; and

(d) The B. canis rules outlined in rules 901:1-5-12 and 901:1-5-13 of the Administrative Code shall be taken into consideration by the veterinarian during the development of the monitoring and surveillance plan.

(ii) Dew claw removal and tail docking instructions including all of the following:

(a) Acceptable instruments include surgical scissors, scapel blade, hemostats, or forceps;

(b) Instructions including the proper use of the instrument and technique used to remove the dew claw or perform the tail dock;

(c) Instructions on medication usage for pain control or clotting;

(d) Guidance on after procedure care and monitoring; and

(e) Instructions on the cleaning and disinfecting of instruments.

(f) An effective program for the control of insects, external parasites affecting adult dogs or puppies, and birds and mammals that are pests shall be established and maintained in the housing facility and primary enclosures.

(C) Health monitoring and biosecurity.

(1) Adult dogs and puppies are to be monitored by the high volume breeder regularly for evidence of disease, injury, or improper or inadequate care. Corrective measures, under veterinary guidance, shall be taken by the high volume breeder when evidence is found of any of these conditions.

(2) All dogs and puppies shall be handled to minimize distress and appropriate biosecurity measures shall be taken to minimize the likelihood of spreading disease to other adult dogs or puppies.

(3) Any dystocia or difficult labor event shall receive timely attention by the high volume breeder and, if necessary, veterinary intervention.

(D) Breeding.

(1) If the dog is a female, breed the dog only if the dog has maintained a normal body condition and has been declared healthy by a veterinarian following a physical examination. The physical examination must take place after the previous litter of puppies has been weaned and before the female is bred again. A "breeding cycle" is from once a female weans a litter of puppies until the female weans the next litter of puppies. Therefore, the physical exam shall occur after weaning, but before the subsequent breeding. Physical examinations conducted on female dogs that are pregnant, whelping (surgical and non-surgical), or nursing puppies do not meet this requirement.

(2) If the dog is a female, ensure that the dog does not produce more than eight litters in the female's lifetime.

(E) All of the following grooming requirements shall be met:

(1) All adult dogs' and puppies' haircoats free of mats, tangles, and debris;

(2) Toenails kept at a length that does not cause discomfort, abnormal posture, or movement; and

(3) Grooming performed on a frequency that prevents hair growth from limiting normal functions including, but not limited to, vision, hearing, and mobility.

(F) Surgical procedures, except between two to five days of age the removal of the dew claw and tail docking, shall only be performed by a licensed veterinarian.

(G) Drugs will be administered as directed by the attending veterinarian and consistent with the labeled directions and all applicable state and federal laws.

(H) Euthanasia shall only be performed by a licensed veterinarian.

(I) Adult dogs or puppies may only be transported in commerce if the adult dogs or puppies are at least eight weeks of age and have been weaned.

Last updated January 9, 2023 at 8:56 AM

Supplemental Information

Authorized By: 956.03
Amplifies: 956.03
Five Year Review Date: 1/9/2028
Prior Effective Dates: 10/10/2013
Rule 901:1-6-07 | Recordkeeping and identification.
 

(A) All adult dogs or puppies six months of age or older in the possession of a high volume breeder shall be identified by either:

(1) A permanent implanted identification microchip using either 125.0 kHz, 128.0 kHz, or 134.2 kHz frequencies; or

(2) A collar affixed around the dog's neck with a tag made of metal or aluminum that contains the following engraved, stamped, or imprinted information:

(a) The individual dog's number; and

(b) The Ohio high volume breeder license number.

(3) Tag numbers cannot be reused within a five-year period past the date the dog left the facility.

(B) No high volume dog breeder shall display, offer for sale, deliver, barter, auction, broker, give away, transfer, or sell any dog that does not have a permanent implanted identification microchip using either 125.0 kHz, 128.0 kHz, or 134.2 kHz frequencies.

(C) Records of adult dog and puppy movement from the premises of high volume breeder and dog broker licensees shall identify the following information:

(1) Date of disposition;

(2) Name, mailing address, and residence address of seller;

The residence address of the adult dog or puppy if different from the seller's residence address;

(3) Name, mailing address, and residence address of buyer or receiver;

The residence address of the adult dog or puppy if different from the buyer or receiver's residence address;

(4) The following information for each adult dog or puppy moved:

(a) The permanent implanted identification microchip number;

(b) Sex;

(c) Date of birth;

(d) Breed; and

(e) Description of the adult dogs, may include color, distinctive marks, hair, tail, etc.

(D) A United States department of agriculture, animal and plant health inspection service form number 7006 may be utilized to complete the requirements listed in paragraph (C) of this rule.

(E) Accurate and complete records shall be separately maintained by the licensee and shall be made available to an inspector of the Ohio department of agriculture upon request. The records contain:

(1) An accurate description of the adult dog or puppy six months of age or older including but not limited to the breed, color, and gender;

(2) The official identification as provided for in paragraph (A) of this rule;

(3) Where, from whom, and when the adult dog or puppy six months of age or older was obtained;

(4) The date of birth of the adult dog or puppy six months of age or older;

(5) A document signed by the attending veterinarian approving the use of outdoor housing facilities, if applicable, as required by rule 901:1-6-02 of the Administrative Code;

(6) Records showing that the socialization and exercise requirements in rule 901:1-6-03 of the Administrative Code have been met;

(7) Records showing that the food and water requirements in rule 901:1-6-04 of the Administrative Code have been met;

(8) A copy of the physical examination performed on each dog by the attending veterinarian as required by paragraph (B) of rule 901:1-6-05 of the Administrative Code; the physical examination will include the dog's official ID and date the exam was performed.

(9) A copy of the physical examination performed on each breeding female by the attending veterinarian as required for breeding females by paragraph (E) of rule 901:1-6-05 of the Administrative Code; the physical examination will include the dog's official ID and date the exam was performed.

(10) Corrective measures under veterinary guidance for any conditions found in paragraph (C) of rule 901:1-6-05 of the Administrative Code have been documented.

(11) Proof that attending veterinarian visited the housing facility at least once in a calendar year as required by paragraph (B) of rule 901:1-6-05 of the Administrative Code.

(12) A copy of the brucella canis test results as required by paragraph (B)(3)(e) of rule 901:1-6-05 of the Administrative Code.

(F) Records required by paragraphs (C), (D) and (E) of this rule shall be:

(1) Kept at the facility at which the adult dog or puppy is housed; and,

(2) Retained for one year past the date the adult dog or puppy has left the facility.

(G) Records of veterinary care for each dog and puppy kept, housed, and maintained by the high volume breeder are required to be kept at the facility at which the dog or puppy is housed for three years after the care is provided by a veterinarian.

Last updated January 3, 2023 at 8:43 AM

Supplemental Information

Authorized By: 956.03
Amplifies: 956.03
Five Year Review Date: 1/1/2028
Rule 901:1-6-08 | Licensing.
 

(A) High volume breeder.

(1) High volume breeder license and license renewal applications shall be made on a form provided by the director of the Ohio department of agriculture.

(2) High volume breeder license and license renewal applications shall be considered complete when the following have been submitted to the director of the Ohio department of agriculture:

(a) The completed and signed application form includes the following:

(i) All previous out of state addresses for the five years prior to the licensing year; and

(ii) An agreement under which the applicant agrees to notify the Ohio department of agriculture within fourteen calendar days if, during the licensing period the applicant has plead guilty to or been convicted of any criminal offense other than a minor traffic offense.

(b) The accompanying documentation required by division (C) of section 956.04 of the Revised Code;

(c) The appropriate fee as required by section 956.07 of the Revised Code; and

(d) The proof of insurance or a surety bond, which shall be executed by a surety company authorized to do business in this state, as required by division (E) of section 956.03 of the Revised Code.

The insurance shall be payable to the state or the surety bond shall be subject to redemption by the state, as applicable, upon a suspension or revocation of a high volume breeder license for the purpose of paying for the maintenance and care of dogs that are seized or otherwise impounded from the high volume breeder in accordance with Chapter 956. of the Revised Code.

If the insurance policy or surety bond is, for any reason, cancelled, not renewed, or there is a material change, the licensee is to inform the Ohio department of agriculture within fourteen calendar days.

(e) For initial applicants, proof of a completed background check performed by local law enforcement and submitted to the Ohio bureau of criminal investigation's "WebCheck."

(B) Dog broker.

(1) Dog broker license and license renewal applications shall be made on a form provided by the director of the Ohio department of agriculture. The application shall be considered complete when the completed and signed application form and appropriate fee as required by section 956.07 of the Revised Code are submitted to the director of the Ohio department of agriculture.

(2) The completed and signed application form includes the following:

(a) All previous out of state addresses for the five years prior to the licensing year;

(b) An agreement under which the applicant agrees to notify the Ohio department of agriculture within fourteen calendar days if, during the licensing period the applicant has plead guilty to or been convicted of any criminal offense other than a minor traffic offense; and

(c) For initial Ohio resident applicants, proof of a completed background check performed by local law enforcement and submitted to the Ohio bureau of criminal investigation's "WebCheck"; or

(d) For initial out-of-state applicants, proof of a completed background check performed by a law enforcement agency capable of performing a state wide background check equivalent to the Ohio bureau of criminal investigation's "WebCheck."

(C) Animal rescue for dogs.

(1) Animal rescue for dogs shall register with the director of the Ohio department of agriculture on a form provided by the director.

(2) Animal rescue for dogs registration is effective for one calendar year, and may be renewed annually by submitting the form provided by the director of the Ohio department of agriculture in paragraph (C)(1) of this rule.

(3) Animal rescue for dogs shall provide the name and address of each foster home utilized by the animal rescue for dogs at the time of registration or renewal.

(4) Failure to conform to the requirements outlined in the definition of "animal rescue for dogs" found in section 956.01 of the Revised Code may result in the department revoking the violator's registration.

(D) High volume breeder and dog broker licensees shall include with any advertisements for the sale of a puppy or adult dog the vendor number assigned by the tax commissioner to the licensee if the sale is subject to the tax levied under Chapter 5739. of the Revised Code.

(E) High volume breeder and dog broker licensees shall comply with Chapter 5739. of the Revised Code. The director of the Ohio department of agriculture may suspend or revoke a license if the tax commissioner informs the director the licensee is not in compliance with that chapter.

Last updated January 3, 2023 at 8:43 AM

Supplemental Information

Authorized By: 956.03
Amplifies: 956.03, 956.04, 956.05, 956.06
Five Year Review Date: 1/1/2028
Prior Effective Dates: 10/10/2013
Rule 901:1-6-09 | Inspections.
 

(A) The director of the Ohio department of agriculture or the director's authorized representative shall conduct inspections in accordance with section 956.10 of the Revised Code.

(B) Upon entering the property of a facility, the inspector or investigator shall identify themselves with proper identification to prove that they are an agent of the Ohio department of agriculture.

(C) The director shall keep a record of:

(1) All complaints and requests to investigate facilities authorized for inspections by section 956.10 of the Revised Code;

(2) All inspections and reports of findings for all inspections conducted; and,

(3) Any enforcement actions that result from inspections.

Records kept under this paragraph shall be retained for the period of time required by the Ohio department of agriculture records retention policy.

Last updated January 3, 2023 at 8:44 AM

Supplemental Information

Authorized By: 956.03
Amplifies: 956.10
Five Year Review Date: 1/1/2028
Rule 901:1-6-10 | Civil penalties.
 

(A) The director of agriculture, after providing an opportunity for an adjudication hearing under Chapter 119. of the Revised Code, may assess a civil penalty against a person who has violated or is violating sections 956.01 to 956.18 of the Revised Code or rules adopted under section 956.03 of the Revised Code.

(B) A person who is assessed a civil penalty under Chapter 901:1-6 or 901:1-8 of the Administrative Code is liable for a civil penalty of not more than two thousand five hundred dollars for a first violation, not more than five thousand dollars for a second violation, and not more than ten thousand dollars for a third or subsequent violation.

Each day that a violation continues constitutes a separate violation.

(C) Any person assessed a civil penalty under Chapter 901:1-6 or 901:1-8 of the Administrative Code shall pay the amount prescribed to the department of agriculture. The department shall remit all money collected under Chapter 901:1-6 or 901:1-8 of the Administrative Code to the treasurer of state for deposit in the high volume breeder kennel control license fund created under section 956.18 of the Revised Code.

Last updated January 3, 2023 at 8:44 AM

Supplemental Information

Authorized By: 956.03
Amplifies: 956.13
Five Year Review Date: 1/1/2028