(A) The following terms and their
definitions are incorporated from 9 CFR part 77.5 (2014):
(1) "Accreditation
preparatory state or zone";
(2) "Accredited
free state or zone";
(3) "Accredited
herd";
(4) "Modified
accredited advanced state or zone";
(5) "Modified
accredited state or zone"; and
(6) "Non-accredited
state or zone".
(B) The following terms and their
definitions are incorporated from 9 CFR part 78.1 (2014):
(1) "Class A
State";
(2) "Class B
State";
(3) "Class C
State";
(4) "Brucellosis
free state";
(5) "Certified
Brucellosis free herd";
(6) "Validated
brucellosis free herd"; and,
(7) "Validated
Brucellosis free state."
(C) "Accredited laboratory" means a laboratory meeting
the accreditation standards established for fish health diagnostic laboratories
by a state government, the United States federal government or, the Canadian
government's department of fisheries and oceans.
(D) "Animal" means any animal that is a bird, reptile,
amphibian, fish, or mammal other than humans; and when specified in a rule,
includes germplasm of the foregoing animals.
(E) "Approved 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 and plant health inspection service, veterinary
services.
(F) "Certificate of veterinary inspection" means a
legible record, certified, completed, and issued by a licensed, accredited
veterinarian, or by a veterinarian employed by either the state of origin or
the United States department of agriculture, and shall contain all of the
following:
(1) The complete name and
address of the consignor and the consignee, (including final destination if
different from consignee's address);
(2) An accurate
description with official individual identification of the animal listed, as
required;
(3) The date and results
of any required or known test conducted;
(4) A complete
description (including dates of administration) of any vaccinations and
treatments, as required by the rules of this chapter;
(5) Designation of the
purpose for which the animal is being imported (i.e., breeding, feeding,
exhibition, sale, etc.); and
(6) The animal health and
test status records which meet the legal requirements of the state of
destination, including any other tests of record.
(G) "Certified fish health inspector" means an
individual who has successfully completed the course of study on fish diseases
sponsored by the American fisheries society and is currently certified by the
American fisheries society to issue fish health inspection
reports.
(H) "Consignee letter of consent" means a letter signed
by the Ohio recipient of an animal which acknowledges the presence of a disease
condition and affirms his continued intent to import the animal.
(I) "Contagious or infectious
disease" means any disease, including any foreign animal disease, or
vector, capable of transmission by any means from a carrier animal to a human
or to another animal and includes dangerously contagious or infectious
diseases.
(J) "Department of agriculture" and
"department" means the Ohio department of agriculture.
(K) "Domestic animal" includes livestock; other
animals that through long association with humans have been bred to a degree
resulting in genetic changes affecting the temperament, color, conformation, or
other attributes of the species to an extent that makes them different from
nondomestic animals of their kind, and other animals as defined by rule by the
director.
(L) "Facility" means an establishment where fish
are raised, held, or released.
(M) "Feral swine" means any swine that has lived
any part of its life free roaming.
(N) "Fish" means a cold-blooded vertebrate animal
living in water, having permanent gills for breathing, and fins.
(O) "Fish health inspection and testing report"
means a document listing inspections done and diagnostic work performed on fish
and stating the results of the inspections and diagnostic work.
(P) "Licensed and accredited
veterinarian" means a person who is licensed to practice veterinary
medicine either by the state of Ohio or the state in which the certificate of
veterinary inspection was issued and who is certified approved by the United
States department of agriculture, animal plant health inspection service,
veterinary services, to be an accredited veterinarian.
(Q) "Lot" means:
(1) A group of fish of
the same species that originate from either the same brood stock, or the same
egg source, during the same year and are raised on the same water source;
or
(2) A group of fish of
the same species over twelve months of age from the same water
source.
(R) "Nondomestic animal" means any animal that is
not domestic, including at least nonindigenous animals and animals usually not
in captivity.
(S) "Official individual identification" means a
device or method assigned to livestock being moved as required by the rules of
this chapter.
(T) "Owner/Shipper statement" means a statement
signed by the owner or shipper of livestock being moved which includes the
information as required by the rules of this chapter, as
applicable.
(U) "Permit" means a document issued by the
department which:
(1) Authorizes actions
which require, by rule, prior permission from the chief of the
department's division of animal health.
(2) May waive or modify
requirements established by rule when compliance with the rule requirements
works a hardship and waiver or modification of the rule requirements is
consistent with the purpose of and does not compromise the effectiveness of the
rule requirements being waived or modified.
(3) May require as a
condition for waiver or modification of requirements established by
rule:
(a) Restrictions regarding movement, handling, quarantine,
destination, and purpose for which the animal may be imported; and
(b) Additional inspections, identification, pre and post-entry
tests, vaccinations, treatments, and other procedures;
(4) May require a
consignee letter of consent.
(V) "Poultry" means any domesticated fowl kept in
confinement, except for doves and pigeons, that are bred for the primary
purpose of producing eggs or meat for human consumption. The term includes
chickens, turkeys, waterfowl and game birds.
(W) "Premises identification" means a nationally
unique number assigned by a state, tribal, and/or federal animal health
authority to a premise that is, in the judgment of the state, tribal, and/or
federal animal health authority, a geographically distinct location from other
premises.
(X) "PRRS" means porcine reproductive and
respiratory syndrome.
(Y) "Pseudorabies status stage V state" means a
state that has been declared pseudorabies free as outlined in the United State
department of agriculture, animal and plant health inspection service,
"Pseudorabies Eradication Program Standards" as effective on
November 1, 2003. A copy of these standards may be found at
www.aphis.usda.gov.
(Z) "Residue" means any poisonous or deleterious
pesticide governed by 40 C.F.R. 180 (2017), any poisonous or deleterious
substance governed by 21 C.F.R. 109.6 (2017), or any other substance governed
by 21 C.F.R. 556 (2017).
(AA) "Sale assembly" means any public assembly of
animals, except rabbits, chickens, turkeys, waterfowl, and gamebirds with a
final disposition of slaughter, that are brought together for the purpose of
exchanging ownership.
(BB) "Slaughter channels" means a system of
movement wherein an animal, not for the purposes of breeding, is sold,
transferred, or moved either:
(1) For feeding for the
express purpose of improving that animal's condition for final movement
to slaughter;
(2) To a USDA approved
livestock market as defined under Chapter 943. of the Revised Code for final
movement to slaughter;
(3) To a slaughter
facility;
(4) To an individual for
custom slaughter; or
(5) To a livestock dealer
licensed under Chapter 943. of the Revised Code.
(CC) "Sporting swine" means any domestic or feral
swine intended for hunting purposes and includes the progeny of these swine
whether or not the progeny are intended for hunting purposes.
(DD) "Tagging site" means locations authorized by
USDA, state, or tribal animal health officials where livestock may be
officially identified on behalf of their owner or the person in possession,
care, or control of the animals when they are brought to the site.
(EE) "USDA" means the United States department of
agriculture, animal plant health inspection service, veterinary
services.
(FF) "Water source" means a body of water with
controlled access in which fish are hatched, spawned, or raised.