Administrative Rules
Stakeholder Review
Within the rulemaking process, ODA’s goal to ensure that its administrative rules further ODA’s mission, function within the regulated community, and do not overly burden business. To accomplish this, ODA works very closely with its regulated community and stakeholder groups in the rule making process.
When proposing new or amended rules, ODA sends the rules to its stakeholder groups to obtain input. ODA seeks involve stakeholder groups representative of the diverse interests of people most directly affected by the proposed rules. Once stakeholder review is complete, ODA will submit the rules to the Common Sense Initiative for review.
Below please find the rules, and their supporting documentation, that have been submitted to stakeholders for their review:
Food Safety Rule Reviews
The division of food safety has evaluated the following chapters of rules and is proposing the following amendments. The stakeholder comment period will remain open until February 24, 2023. Below please find a copy of the proposed rules.
Please click here to submit comments.
Dairy - Chapter 5 Rule Review
The division of dairy has evaluated the following chapter of rules and is proposing the following amendments. The stakeholder comment period will remain open until February 10, 2023. Below please find a copy of the proposed rules.
Please click here to submit comments.
Weights and Measures - Revision of Handbook 44 Rule
The division of weight and measure has evaluated the following rule and is proposing the following amendments. The stakeholder comment period will remain open until November 18, 2022. Below please find a copy of the proposed rule.
Please click here to submit comments.
Meat Inspection — 5 Year Rule Reviews
The division of meat inspection has evaluated the following rules and are proposing the following amendments. The stakeholder comment period will remain open until July 29, 2022. Below please find a copy of the proposed rules.
Please click here to submit comments.
Food Safety — 5 Year Rule Reviews
The division of food safety has evaluated the following rule chapters and made determinations regarding the 5-year rule review process. On September 3, 2021, the rules were submitted to stakeholders. The stakeholder comment period will remain open until September 17, 2021. Below please find a copy of the rule chapters and proposed filing actions.
Please click here to submit comments.
The division of food safety has evaluated additional rule chapter and made determinations regarding the 5-year rule review process. On September 9, 2021, the rules were submitted to stakeholders. The stakeholder comment period will remain open until September 23, 2021. Below please find a copy of the rule chapters and proposed filing actions.
Please click here to submit comments.
Dairy - Chapter 4 - 5 Year Rule Review
The division of Dairy has determined to file the Chapter 4 rules as no change in accordance with the 5-year rule review process. On May 7, 2021, the rules were submitted to stakeholders. The stakeholder comment period will remain open until May 21, 2021. Below please find a copy of the no change rules.
Please click here to submit comments.
Public Comment Period and CSI Review
On January 10, 2011, Governor Kasich issued Executive Order 2011-01K which established the Common Sense Initiative. As stated by Lt. Governor Mary Taylor, CSI was launched to reform Ohio’s regulatory policies to help make Ohio a jobs and business-friendly state. In order to meet the requirements of the CSI process, ODA shall review all rules that may have an adverse impact on business.
An adverse impact on business may result when a rule: requires a license, permit or prior authorization to engage in business; imposes a penalty or sanction for failure to comply with the rule; or requires specific expenditures or the report of information as a condition of compliance with the rule. ODA is required to conduct a business impact analysis (BIA) and submit the proposed rule and its BIA to CSI for review.
Upon submitting the rules to CSI, ODA simultaneously opens the rules for public comment. This invites interested members of the public to submit written comments to either ODA or CSI regarding the proposed rules during a specific period of time. ODA reviews all comments carefully and will make changes if deemed necessary.
Once CSI has completed its review of ODA’s proposed rule actions, ODA is provided with a recommendation that either suggests changes to the rules based on public comments or formally filing with the Joint Committee on Agency Rule Review. Below please find the rules, and their supporting documentation, that are open for public comment and have been sent to CSI for review:
Weights and Measures Division - Chapter 1
The division of Weights and Measures has amended Chapter 901:6-1-01. On November 4, 2022, the rule was submitted to stakeholders. On May 26, 2023, the rule was opened for public comment and submitted to CSI. The comment period will remain open through June 16, 2023. Below please find a copy of the rule.
Food Safety Division - Chapter 8
The division of Food Safety has amended Chapter 901:3-8. On February 3, 2023, the rules were submitted to stakeholders. On April 28, 2023, the rules were opened for public comment and submitted to CSI. The comment period will remain open through May 19, 2023. Below please find a copy of the rules.
Dairy Division - Chapter 5
The division of Food Safety has amended Chapter 901:11-5. On January 27, 2023, the rules were submitted to stakeholders. On April 24, 2023, the rules were opened for public comment and submitted to CSI. The comment period will remain open through May 15, 2023. Below please find a copy of the rules.
Food Safety — 5 Year Rule Reviews
The division of food safety has evaluated the following rule chapters and made determinations regarding the 5-year rule review process. On September 3, 2021, the rules were submitted to stakeholders. On February 14, 2023, the rules were submitted to the CSI Office and stakeholders. The comment period will remain open until March 8, 2023. Below please find a copy of the rule chapters and proposed filing actions.
Enforcement Division - Auctioneer Rules
The Ohio Auctioneer Commission has recommended the following changes Chapters 901:8-2 and 901:8-3 of the Administrative Code. The stakeholder comment period will remain open until September 6, 2022. On October 6, 2022, the rules were opened for public comment and submitted to CSI. The comment period will remain open until October 28, 2022. Below please find a copy of the proposed rules.
Chapter 901:8-3 - Proposed changes include rescinding the entire chapter.
Please click here to submit comments.
Food Safety - 5-year Reviews
The division of food safety has evaluated the following rule chapters and made determinations regarding the 5-year rule review process. On September 3, 2021, the rules were submitted to stakeholders. The stakeholder comment period remained open until September 17, 2021. On December 22, 2021 the rules were opened for public comment and submitted to CSI. The comment period will remain open until January 17, 2022. Below please find a copy of the rule chapters and proposed filing actions.
Business Impact Analysis - Chapter 5
Request for Public Comment - Chapter 5
Business Impact Analysis - Chapter 20
Request for Public Comment - Chapter 20
Business Impact Analysis - Chapter 21
Request for Public Comment - Chapter 21
Please click here to submit comments.
Food Safety - Chapter 4
The division of Food Safety has amended Chapter 901:3-4. On May 27, 2021, the rules were submitted to stakeholders. The stakeholder comment period will remain open until June 10, 2021. On July 1, 2021, the rules were opened for public comment and submitted to CSI. The comment period will remain open until July 23, 2021. Below please find a copy of the rules.
Please click here to submit comments.
Weights & Measures - 5 Year Rule Review
The division of Weights and Measures has reviewed rules 901:6-8-01 and 901:6-9-01 in accordance with the 5-year rule review process. On April 28, 2021, the rules were submitted to stakeholders. The stakeholder comment period will remain open until May 12, 2021. On June 23, 2021, the rules were opened for public comment and submitted to CSI. The comment period will remain open until July 16, 2021. Below please find a copy of the proposed rules.
Please click here to submit comments.
Plant Health – Raspberry and Strawberry Certification – OAC 901:5-39 & 41
OAC 901:5-39-01 and 901:5-41-01 has been reviewed in accordance with Chapter 119 of the Revised Code and is being proposed to be rescinded. Currently, the rule regulates and establishes the process for the certification of raspberry and strawberry plants, respectively. Certified raspberry and strawberry plants are those that have been inspected to ensure that the plants are free from disease and are of a pure variety. ODA has reviewed the rule and determined that it can be rescinded. ODA typically handles certification through other methods such as a compliance agreement. Further, the certification has not been utilized in a significant number of years.
On May 16, 2018, the rules were sent to stakeholders. The stakeholder comment period ended on June 6th. The Department did not receive any comments. On June 29, 2018, the rules were opened for public comment and sent to CSI. The public comment period was until July 20, 2018. No comments were made. ODA now awaits CSI’s report and recommendation.
Below please find a copy of the proposed rules, the business impact analysis, and the request for public comment:
Even though the public comment period has closed, please click here to submit comments.
JCARR
The Joint Committee on Agency Rule Review (JCARR) is a legislative committee consisting of members from the Ohio Senate and Ohio House. The committee's main function is to ensure that state agencies do not exceed their statutory authority through administrative rule-making. The JCARR committee has the ability to recommend that a rule be invalidated if it does not meet one of the six criteria found on the JCARR website. For more information about JCARR call (614) 466-4086.
The rules listed below have been formally filed with JCARR. At the time of filing, a public hearing is scheduled to hear testimony on the proposed rules. These hearings are typically held at ODA. At the hearing any person affected by the proposed rules may appear, testify in person or through an attorney, or both, and may present his\her position either orally or in writing, offer and examine witnesses and present 5 evidence in support of or in opposition to the proposed rule. All comments submitted to ODA are carefully reviewed and ODA may revise the proposed rule as appropriate.
Below please find the rules, and their supporting documentation, that are currently within JCARR’s jurisdiction:
Plant Health - Invasive Species Rule and Grain Warehouses
Both of the following rule packages were proposed to JCARR on November 29, 2022.
The Invasive Species Advisory Committee has identified changes needed to rule 901:5-30-01 of the Administrative Code. On March 22, 2021, the rule was submitted to stakeholders. The stakeholder comment period remained open until April 5, 2021. On December 21, 2021 the rule was opened for public comment and submitted to CSI. Below please find a copy of the proposed rule.
Please click here to submit comments.
The grain warehouse rules are due for the 5-year rule review process and are being proposed as amended. On October 5, 2021 the rules were submitted to stakeholders. On November 10, 2021 the rules were opened for public comment and submitted to CSI. Below please find a copy of the proposed rules.
Please click here to submit comments.
Animal Health - Commercial Dog Breeding - OAC 901:1
The division of animal health has reviewed and amended the following: Chapter 901:1-6 and Chapter 901:1-8 of the Administrative Code. The rules are also being reviewed in compliance with the five-year review.
On October 9, 2020, the rules were submitted to stakeholders. The stakeholder comment period remained open until November 9, 2020. The Department reviewed the comments received and has further amended the rules and released them for a second stakeholder comment period. The second stakeholder comment period will remain open until January 28, 2021. On May 11, 2021, the rules were opened for public comment and submitted to CSI. On February 23, 2022, the rules were submitted to JCARR.
On November 29, 2022, the following rule was re-filed with JCARR:
Below please find a copy of the proposed rules and public hearing notice:
Please click here to submit comments.
Dairy - OAC 901:11
Rules 901:11-1-06 and 901:11-2-02 are up for five-year review. Rules 901:11-2-26 and 901:11-3-04 are being amended to correct typographical errors and other stylistic changes.
On September 24, 2020, the rules were submitted to stakeholders. The stakeholder comment period will remain open until October 8, 2020. On December 17, 2020 the rules were opened for public comment and submitted to CSI. On March 17, 2021 the rules were submitted to JCARR. Below please find a copy of the proposed rules, business impact analysis, and public hearing notice:
Adopted Rules
Below please find the rules which have recently completed the rule making process and are now effective:
Amusement Ride Safety — Chapter 901:9-1
The Division of Amusement Ride Safety identified chapter 901:9-1 of the Administrative Code as needing amendments to correct cross-references to the Revised Code from chapter 1711 to chapter 993. In addition, the Amusement Ride Safety Council has amended rule 901:9-1-01 of the Administrative Code to allow additional flexibility in the reporting of itineraries.
County and Independent Agricultural Societies — Chapter 901-5
The rules in Chapter 901-5 of the Administrative Code were due for the five-year rule review process.
Chapter 901-5 - No Change Rules
Amusement Ride Safety - OAC 901:9-1
Chapter 901:9-1 of the Administrative Code had various rules up for five-year rule review.
Below please find a copy of the final rules:
ODA Regulatory Reform Rules
The Ohio Department of Agriculture has amended various rule to ease compliance with the regulated communities. On July 16, 2021, the rules were opened for public comment and submitted to CSI. On September 20, 2021 the rules were submitted to JCARR.
Below please find a copy of the final rules.
Plant Health - Spotted Lanternfly - 901:5-56
The Division of Plant Health has drafted new rules in Chapter 901:5-56 to address the spotted lanternfly.
Below please find a copy of the final rules.
Plant Health - Rescind Rules
The division of Plant Health has identified rules to rescind to assist the promulgation of the new rules for the Spotted Lanternfly. The division is proposing to rescind the Walnut Twig Beetle and White Pine Blister rules. On March 22, 2021, the rules were submitted to stakeholders. The stakeholder comment period will remain open until April 5, 2021. On June 14, 2021, the rules were opened for public comment and submitted to CSI. On August 10, 2021, the rules were submitted to JCARR.
Below please find a copy of the rescinded rules.
Walnut Twig Beetle and White Pine Blister Rules
Livestock Care Standards - 901:12-6-02
The Livestock Care Standards has amended rule 901:12-6-02. On November 27, 2020, the rule was submitted to stakeholders. On January 6, 2021 the rule were opened for public comment and submitted to CSI. On, March 4, 2021 the rule was submitted to JCARR.
Below please find a copy of the final rule:
Auctioneer Program - OAC 901:8-2
The rules in this chapter are up for 5-year rule review.
On May 4, 2020, the rules were submitted to stakeholders. The stakeholder comment period ended on May 18, 2020. The Department did not receive any comments. On May 28, 2020, the rules were opened for public comment and submitted to CSI. The public comment period ended on June 19, 2020. On July 16, 2020, the rules were opened for a second public comment and re-submitted to CSI. The second public comment period ended on July 23, 2020.
On August 25, 2020, the rules were submitted to JCARR. On July 8, 2021 the second set of rules were submitted to JCARR.
Below please find a copy of the final rules:
Ohio Propane Council - 901:4-3
The Ohio Propane Council has drafted new rules in Chapter 901:4-3. On March 16, 2021, the rules were submitted to stakeholders. The stakeholder comment period will remain open until March 30, 2021. On April 26, 2021, the rules were opened for public comment and submitted to CSI. On July 8, 2021, the rules were submitted to JCARR.
Below please find a copy of the final rules:
Plant Health - Testing of Seeds - OAC 901:5-27
Chapter 901:5-27 of the Administrative Code is up for five-year rule review. This chapter regulates the methods of inspecting, sampling, analyzing, testing, and examining agricultural, flower, and vegetable seed in the state. The rules are being proposed as amended.
On July 1, 2020 the rules were submitted to stakeholders. The stakeholder comment period will remain open until July 16, 2020. On October 30, 2020 the rules were opened for public comment and submitted to CSI. On July 8, 2021, the rules were submitted to JCARR.
Below please find a copy of the final rules:
Auction Schools - OAC 901:8-3
Chapter 901:8-3 of the Administrative Code is up for five-year rule review. At this time, 901:8-3-01 is proposed as a no change filing and the remaining rules are proposed as amended.
On July 1, 2020 the rules were submitted to stakeholders. The stakeholder comment period will remain open until July 16, 2020. On September 3, 2020 the rules were opened for public comment and submitted to CSI. On July 8, 2021, the rules were submitted to JCARR.
Below please find a copy of the final rules:
Dairy - 2019 PMO - 901:11-1
The Dairy Division has amended Chapter 901:11-1 to update to the 2019 PMO. On December 14, 2020, the rules were submitted to stakeholders. On March 17, 2021, the rules were opened for public comment and submitted to CSI. The comment period will remain open until April 8, 2021. On May 4, 2021 the rules were submitted to JCARR.
Below please find a copy of the final rules:
Livestock Environmental Permitting - OAC 901:10
Various rules in division 901:10 are up for five-year rule review.
On June 25, 2020 the rules were submitted to stakeholders. The stakeholder comment period was open until July 10, 2020. On July 23, 2020 the rules were opened for public comment and submitted to CSI. The comment period will remain open until August 14, 2020. The no change filings were submitted to JCARR on November 18, 2020. The amended rules are changed to remove a repealed statute with no changes to the rule language and submitted to JCARR on November 25, 2020.
Below please find a copy of the final rules:
Plant Health - Wood Destroying Insect Form - OAC 901:5-11-13
The rules in chapter 901:5-11 of the Administrative Code regulate pesticide application in the state of Ohio. These rules protect the citizens of Ohio by training and regulating pesticide applicators on proper pesticide use and application.
OAC 901:5-11-13 states recordkeeping requirements for wood-destroying insect diagnostic inspections. The rule specifically states how the NPMA-33 form is to be filled out by inspectors. The National Pest Management Association (NPMA) is a national, non-profit organization established in 1933 to support the pest management industry. Today,the United States Department of Housing and Urban Devolpment (HUD) requires that the NPMA-33 form be completed on all HUD or VA property transactions. The form has been the nationwide standard for wood destroying insect inspections. In December 2019, an updated NPMA-33 form is being released. The rule is being amended to update the instructions on how to complete the form.
On July 1, 2019, the rules were submitted to stakeholders. The Department received comments from the Ohio Pest Management Association approving the rules. On September 20, 2019, the rules were opened for public comment and sent to CSI. The public comment period closed on October 7, 2019. The Department did not receive any comments.
On October 30, 2019, the Department filed the rule package with JCARR. A public hearing is scheduled at the Department's campus on December 6, 2019 at 9:00 AM. More information regarding the public hearing can be found by clicking on the link below.
Below please find the final Rules.
Hemp - Cultivation and Processing Rules - OAC 901:14-1 and 901:14-2
The Agriculture Improvement Act of 2018 (more commonly known as the 2018 Farm Bill) decriminalized hemp on a federal level paving the way for state Departments of agriculture to establish hemp cultivation programs across the county. Hemp is a cannabis plant, grown for its many industrial uses. Unlike marijuana, hemp does not produce intoxicating effects. Hemp yields a strong fiber, used in textiles. The seed has nutritional value and can be eaten. Cannabinoids, including cannabidiol or CBD, can be extracted from the plant. Cannabinoids are now being used in food and dietary supplements.
On July 30, 2019, Governor DeWine signed into law Senate Bill 57 (SB 57) which decriminalized hemp on a state level. SB 57 requires the Ohio Department of Agriculture to adopt rules which establish federally compliant standards and procedures for the program. The rules in this package establish the standards and regulations for hemp cultivation and processing in the state.
On October 9, 2019, the public comment period opened allowing interested individuals to submit comments regarding the proposed rules. This comment period closed on October 30, 2019. On October 31, 2019, the United States Department of Agriculture officially published the interim final rule which established regulations regarding the cultivation of hemp and the establishment of state approved programs. The Ohio Department of Agriculture reviewed both the comments submitted and the USDA regulations and have made amendments to the proposed rules. Additionally, the Ohio Department of Agriculture sent the individuals who submitted comments a response document which outlines the comments received and the Department's decision on that topic.
On November 14, 2019, the Department of Agriculture filed these rules with the Joint Committee on Agency Rule Review (JCARR). A public hearing on these rules is scheduled for December 18, 2019 at 9:00 A.M at the Department's campus. More information on the hearing can be found in the hearing notice below.
On December 17, 2019, the Department amended four rules. OAC 901:14-1-05 and 901:14-2-05 were amended to correct a code reference. Additionally, OAC 901:14-2-07 and 901:14-2-20 were amended. After communication with members of the Ohio insurance industry, it was determined that the rule as originally drafted would not allow licensed processors to obtain a surety bond. In cooperation with the industry, the Department amended the rules to ensure that the rules would provide a legal framework for licensed processors to obtain a surety bond.
The effective date for the rules is January 31, 2020.
Below please find a copy of the final rules:
United States Department of Agriculture:
United States Department of Agriculture, Domestic Hemp Program Page
Soil and Water – Notice and Elections – OAC 901:13-2&3
The rules in Chapters 901:13-2&3 of the Ohio Administrative Code outline the standards for meeting notices and elections to local Soil and Water Conservation Districts. These rules are up for five year rule review. This Chapter is up for five year rule review. The Department carefully reviewed the proposed rules and, with the conditional approval of the Ohio Soil and Water Conservation Commission, has proposed to amend these rules in order to clean up potential ambiguities, help with reader comprehension, and streamline the election process.
On April 26, 2018, these rules were conditionally approved by the Ohio Soil and Water Conservation Commission. On April 27, 2018, the rules were submitted to stakeholders for their review. The Department received a number of comments from individual Soil and Water Conservation Districts. The Department amended the rules to allow the District's flexibility in scheduling an absentee voting period. The Department resubmitted the rules to the Districts on June 27, 2018 and required all comments to be submitted by July 12, 2018.
On October 24, 2019, the rules were opened for public comment and submitted to CSI. The rules were filed with JCARR on January 27, 2020. A public hearing was held on March 2, 2020 at the Ohio Department of Agriculture. The rules were final filed with JCARR on May 1, 2020. The effective date is May 11, 2020.
Below please find a copy of the final rules:
Food Safety – Shellfish Rules – OAC 901:3-8
The rules in Chapter 901:3-8 of the Ohio Administrative Code have been reviewed by the Department pursuant to the Five-Year Rule Review. The rules in this chapter regulate the sanitary control of shellfish produced and sold for human consumption. The Department has reviewed the rules and have been amended to update code references in the rules.
Rules 901:3-8-02, 901:3-8-06, and 901:3-8-07 were submitted to JCARR as "no change rules" on June 15, 2020. Rules 901:3-8-01, 901:3-8-03, 901:3-8-04, and 901:3-8-05 were final filed with JCARR on June 15, 2020. The effective date is June 25, 2020.
Below please find a copy of the proposed rules and business impact analysis:
Food Safety - Fish and Fishery Products - OAC 901:3-7-01
OAC 901:3-7-01 is proposed as being amended to allow non-profit organizations the ability to move fish or fishery products under their control to another establishment when then serve the food to the end consumer without charge. This is a change from the requirements in OAC 90:3-7 which would otherwise require these establishments to comply with seafood HACCP rules. The amendment makes this type of activity and entity exempt from these requirements. This rule does not exempt facilities from the general sanitation and cleanliness that all establishments are required to follow.
Below please find a copy of the final rule:
Amusement Ride Safety - Rides
On November 6, 2019, Governor DeWine signed House Bill 189 (HB 189), Tyler’s Law, which requires the promulgation of rules in accordance with the statute. The rules in 901:9-1-01, 901:9-1-04, 901:9-1-04.1, and 901:9-1-04.2 accomplish this task by: 1) requiring information be provided to the department regarding storage and/or use of a portable ride outside of the state of Ohio for more than thirty (30) days; 2) adopting certain chapters from the American society for testing and materials (ASTM); 3) establishing protocols and effective dates for the implementation of fatigue and corrosion review; and 4) outlining the frequency of inspections the department must conduct, and the number of inspectors for each ride based on the categorization of rides.
Below please find a copy of the final rules:
Animal Health - OAC 901:1-17-13
OAC 901:1-17-13 is being amended to update the fish species listed in Appendix A to be consistent with the Viral Hemorrhagic Septicemia Proclamation of 2020. The rule also has stylistic changes.
Below please find a copy of the final rule: