2006 Ohio Revised Code - 943.01. Definitions.

§ 943.01. Definitions.

As used in sections 943.01 to 943.18 of the Revised Code: 

(A) "Animals" or "livestock" means horses, mules, and other equidae, cattle, sheep, and goats and other bovidae, swine and other suidae. 

(B) "Dealer" or "broker" means any person found by the department of agriculture buying, receiving, selling, slaughtering, with the exception of those persons designated by division (B)(1) of section 918.10 of the Revised Code, exchanging, negotiating, or soliciting the sale, resale, exchange, or transfer of any animals in an amount of more than two hundred fifty head of cattle, horses, or other equidae or five hundred head of sheep, goats, or other bovidae or swine and other suidae during any one year. "Dealer" or "broker" does not mean any of the following: 

(1) Any railroad or other carrier transporting animals either interstate or intrastate; 

(2) Any person who by dispersal sale is permanently discontinuing the business of farming, dairying, breeding, raising, or feeding animals; 

(3) Any person who sells livestock that has been raised from birth on the premises of such person; 

(4) Any person who buys or receives animals for grazing or feeding purposes at a premises owned or controlled by such person and sells or disposes of the animals after the minimum grazing or feeding period of thirty days; 

(5) Any person who places livestock in facilities other than his own pursuant to a written agreement for feeding or finishing, provided the person retains legal and equitable title to the livestock during the term of the agreement. 

The exemptions set forth in divisions (B)(1) through (5) of this section are exclusive of those activities requiring licensure under this chapter, so that a person shall be deemed to be a dealer or broker, or subject to divisions (B)(1) through (5) of this section, but shall not be, or be subject to, both. No person who is a licensed dealer or broker and whose license is suspended, shall have livestock or animals exempted pursuant to divisions (B)(1) to (5) of this section. 

(C) "Employee" means any person employed by a dealer or broker to act in his behalf to buy, sell, exchange, negotiate, or solicit sale or resale of animals in the dealer's or broker's name. 

HISTORY: GC § 1177-71; 116 v 437; 121 v 602; Bureau of Code Revision, 10-1-53; 128 v 672 (Eff 1-1-60); 129 v 582(657) (Eff 1-10-61); 129 v 438 (Eff 8-24-61); 134 v H 1138 (Eff 1-1-73); 143 v H 571 (Eff 7-27-90); 145 v S 134. Eff 6-20-94.

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