Ohio Admin. Code 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 unapproved drug, residue, an unlawful substance, or an approved drug that exceeds tolerance in livestock and unacceptable practices done to livestock.

(B) If the exhibitor or the owner was a minor child at the time the unapproved drug, residue, unlawful substance, approved drug exceeding tolerance, 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 Administrative Code for the presence of an unlawful substance in livestock and unacceptable practices done to livestock.

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

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

(2) The person had no actual or constructive knowledge that the unapproved drug, residue, unlawful substance, or approved drug exceeding tolerance was introduced into the livestock or that unacceptable practices had been done to the livestock were detected;

(3) The unapproved drug, residue, unlawful substance, or approved drug exceeding tolerance was not introduced into the livestock and the unacceptable practices were not done to the livestock detected through the person's negligence.

Notes

Ohio Admin. Code 901-19-19

Effective: 5/23/2024
Five Year Review (FYR) Dates: 3/8/2024 and 05/23/2029
Promulgated Under: 119.03
Statutory Authority: 901.72
Rule Amplifies: 901.72
Prior Effective Dates: 07/06/1995 (Emer.), 10/04/1995, 06/23/1996, 06/01/1998, 03/21/2016