Chapter 942 | Garbage-fed Swine and Poultry

Section 942.01 | Garbage-fed swine and poultry definitions.

• Effective: March 20, 2025
• Latest Legislation: House Bill 503 - 135th General Assembly

As used in sections 942.01 to 942.05 of the Revised Code:

(A) "Garbage" means all waste material derived in whole or in part from the meat of any animal, including fish and poultry, or other animal material, and other refuse of any character that has been associated with such waste material resulting from the handling, preparation, cooking, or consumption of food.

(B) "Person" means any individual, corporation, partnership, association, society, company, firm, or other legal entity.

(C) "Raw rendering material" has the same meaning as in section 953.21 of the Revised Code.

(D) "Treated garbage" means any edible garbage for consumption by swine that has been heated at boiling point while being agitated, except in steam cooking equipment, to ensure that the garbage is heated throughout for thirty minutes.

Last updated January 27, 2025 at 9:46 AM

Section 942.02 | License to feed treated garbage.

• Effective: March 20, 2025
• Latest Legislation: House Bill 503 - 135th General Assembly

(A) No person shall feed on the person's premises, or permit the feeding of, garbage or treated garbage to swine.

(B) No person shall bring into this state a swine that has been fed garbage or treated garbage.

Last updated January 27, 2025 at 9:47 AM

Section 942.03 | Investigatory authority.

• Effective: March 20, 2025
• Latest Legislation: House Bill 503 - 135th General Assembly

(A) Upon receipt of a complaint or on the director of agriculture's own initiative, the director may investigate violations of section 942.02 of the Revised Code and make inquiries into any alleged violations as are necessary to secure compliance with this chapter and orders issued under it.

(B) With the consent of the owner of a premises, lessee of a premises, or the owner, keeper, or harborer of a swine that is kept or harbored on a premises, the director or the director's authorized representative may enter at all reasonable times on any premises where swine are kept or harbored for the purpose of determining compliance with section 942.02 of the Revised Code. If the director or the director's authorized representative is denied access to the premises and suspects that section 942.02 of the Revised Code is not being complied with, the director may apply for a search warrant authorizing access from a court of competent jurisdiction. The court shall issue the search warrant if there is probable cause. Probable cause may be based on hearsay, provided that there is substantial basis for believing the source is credible and there is factual basis for the information.

(C) Upon entering a premises in accordance with division (B) of this section, the director or the director's authorized representative shall observe biosecurity measures in order to prevent spreading disease and infecting livestock.

Last updated March 20, 2025 at 4:06 AM

Section 942.04 | Civil penalties.

• Effective: March 20, 2025
• Latest Legislation: House Bill 503 - 135th General Assembly

(A) The director of agriculture may assess a civil penalty against a person that violates section 942.02 of the Revised Code. The director may assess a civil penalty only if the director affords the person an opportunity for an adjudication hearing under Chapter 119. of the Revised Code. The person may waive the right to an adjudication hearing.

(B) If the opportunity for an adjudication hearing is waived or if, after an adjudication hearing, the director determines that a violation has occurred or is occurring, the director may issue an order requiring compliance with section 942.02 of the Revised Code and assess the civil penalty. The order and assessment of the civil penalty may be appealed in accordance with section 119.12 of the Revised Code.

(C) The director may assess a civil penalty for a violation of section 942.02 of the Revised Code in the following amounts:

(1) For a first violation, not more than five hundred dollars;

(2) For each subsequent violation, not more than one thousand dollars.

(D) Money collected under division (C) of this section shall be credited to the animal and consumer protection fund created in section 943.26 of the Revised Code.

Last updated March 20, 2025 at 4:07 AM

Section 942.05 | [Former R.C. 942.13, renumbered by H.B. 503, 135th General Assembly, effective 3/20/2025] Exceptions.

• Effective: March 20, 2025
• Latest Legislation: House Bill 503 - 135th General Assembly

This chapter does not apply to either of the following:

(A) An individual who feeds garbage from the individual's household to the individual's own animals or an individual who only feeds bakery waste, candy waste, eggs, vegetables, or dairy products to swine;

(B) Rendered products. As used in this division, "rendered product" means raw rendering material that has been ground and heated to a minimum temperature of two hundred thirty degrees Fahrenheit to make products such as animal, poultry, or fish protein, grease, or tallow.

Last updated March 20, 2025 at 4:04 AM