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The law updating Ohio’s livestock regulations has passed the General Assembly and awaits the signature of Gov. Bob Taft. But a relatively minor provision has drawn major criticism by a number of environmental and citizen activist groups.

The bulk of S.B. 152 rewrites provisions of S.B. 141, passed in 2001, which transferred livestock farm regulatory authority to the Ohio Department of Agriculture (ODA) from the Ohio Environmental Protection Agency. The rewrite was necessary to bring state law into compliance with recently written federal regulations.

The part of S.B. 152 that has drawn complaints from activists is an amendment that clarifies state law regarding the role of local government agencies in regulating livestock farms. As OFBF Director of Local Affairs Larry Gearhardt explained, some local health boards mistakenly believe they have the right to control the siting and permitting of livestock farms. However, Gearhardt said several Ohio Supreme Court rulings clearly assert that when a state agency (in this case ODA) is the recognized regulatory authority, local agencies can not supercede the state. By clarifying this, OFBF and other livestock advocates will not have to spend time and resources arguing the point with additional health boards that might try to gain influence over livestock farms before they’re built.

Gearhardt also said the local agencies wouldn’t lose any existing power. "Once a farm is operating, it’s still subject to the local health board if there are legitimate public nuisance or health concerns."

Another accusation made by the activist groups, and one that’s received significant media coverage, is that the health board amendment was slipped into the legislation at the last minute. Not true, said Gearhardt. "The process of finalizing the amendment, having a Senate committee hearing, a full Senate vote and then a full House concurrence vote took nine days. "Certainly anyone following the bill had ample opportunity to express themselves. To say this amendment was kept secret is not being accurate."

Gearhardt said OFBF is thankful for Sen. Larry Mumper’s, R-Marion, efforts on the legislation. He added that (at press time) OFBF was encouraging Gov. Taft to sign the bill.