Ohio constitutional amendment creates Livestock Care Standards Board

                        
Q: I know Ohio voters passed Issue 2 in November 2009, but what exactly does Issue 2 do? A: Issue 2 amended the Ohio Constitution to create an Ohio Livestock Care Standards Board that is responsible for establishing standards to govern the care and well-being of livestock and poultry in Ohio. Q: Doesn’t Ohio already have laws that address the welfare of farm animals? A: Ohio does have animal cruelty laws that apply to all domestic animals, including farm animals. These animal cruelty laws prohibit acts such as torture; confining an animal without adequate shelter, fresh air, food or water; and causing unnecessary or cruel harm to an animal. Unless there is a change in Ohio law, livestock and poultry will fall under the animal cruelty laws as well as whatever standards are developed by the Livestock Care Standards Board. Q: What will happen now that Issue 2 has passed? A: The constitutional amendment resulting from Issue 2 grants authority to the Ohio legislature to enact laws necessary for creating the Livestock Care Standards Board and for overseeing, implementing and enforcing its standards. Ohioans can expect to see a law from the legislature in 2010 to address the additional details necessary to set the Livestock Care Standards Board into action. Ohioans should also see the appointment of the first Ohio Livestock Care Standards Board members by the governor and legislators. After these actions, the new board will be able to develop the livestock care standards. Q: How will the Livestock Care Standards Board determine standards for livestock care? A: The new constitutional amendment gives the board limited guidance on developing the standards. The law states that the board should endeavor to maintain food safety, encourage locally grown and raised food, and protect Ohio farms and families. It requires the board to consider these factors: agricultural “best management” practices, biosecurity, disease prevention, animal morbidity and mortality data, food safety practices, and the protection of local, affordable food supplies for consumers. The board may also choose to consider additional factors when developing the standards. Q: Who will serve on the Ohio Livestock Care Standards Board? A: The Ohio Livestock Care Standards Board will consist of 13 members, as follows: Ÿ The director of the department of agriculture, who will serve as chair of the board; Ÿ Ten members appointed by the governor with senate approval, which must include: one family farm representative; one member knowledgeable about food safety in Ohio; two members representing statewide farmer organizations; one veterinarian licensed in Ohio; the state veterinarian; the dean of an Ohio college or university’s agriculture department; two members of the public representing Ohio consumers; one member representing a county humane society; Ÿ One family farmer appointed by the speaker of the Ohio House of Representatives; Ÿ One family farmer appointed by the president of the Ohio Senate. Q: Who will enforce the standards developed by the board? A: The new law grants the Ohio Department of Agriculture the authority to implement and enforce the standards developed by the Livestock Care Standards Board. Q: Can Ohioans change Issue 2, now that it’s in the Constitution? A: Revising or repealing the Constitution requires the approval of Ohio voters. However, Ohio legislators or voters may pass additional laws that relate to Issue 2, as long as the laws do not conflict with or violate the new constitutional amendment. Q: Is Ohio’s new law similar to other state laws about livestock? A: No; Ohio’s law is unique. A number of states have recently enacted laws prohibiting some practices disapproved of by animal welfare advocates, such as housing a laying hen in a cage too small to allow it to spread its wings. Only New Jersey has a regulatory program that establishes general standards for farm animal care, but that program was developed by its state agriculture department rather than by a board of citizens like the Ohio Livestock Care Standards Board. Q: Where can I find the new constitutional amendment created by Issue 2? A: The new amendment is Article 14 of the Ohio Constitution, which is available in local libraries or online at www.legislature.state.oh.us/constitution.cfm. This Law You Can Use column was provided by the Ohio State Bar Association. It was prepared by attorney Peggy Kirk Hall, Agricultural & Resource Law Program, OSU Extension. The column offers general information about the law. Seek an attorney’s advice before applying this information to a legal problem.


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