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By: Ellen Essman, Monday, December 01st, 2025

Providing relief for rising property taxes has been top of mind in the General Assembly this past year. Two weeks ago, the legislature passed four bills meant to tackle this issue. The bills, which each take different approaches to lowering property taxes, are now awaiting consideration by Governor DeWine.  But how would each bill address property taxes?

House Bill 129—School District Millage

House Bill 129, available here, was introduced by Representative David Thomas (R, Jefferson). In Ohio, we collect property taxes in units of measure called “mills.”  Each mill is equivalent to one-tenth of a cent. In the late 1970s, the Ohio General Assembly passed the “20 mill floor” for school districts, which was meant to guarantee districts a baseline of funding.

However, under current law, not all school district levies count toward the 20-mill floor, which can result in higher property taxes. H.B. 129 would change this by including emergency, substitute, incremental growth, conversion levies, and the property tax portion of combined levies when calculating the 20-mill floor for school districts.  The thought is that including more types of levies in the 20-mill floor will reduce property tax rates in school districts with these additional levies. For some more background on school districts and the 20-mill floor, Ohio’s Legislative Service Commission (LSC) has a brief on the subject, available here.

House Bill 186—School District Revenue

House Bill 186, sponsored by Representatives James Hoops (R, Napoleon) and David Thomas (R, Jefferson) also focuses on the 20-mill floor for school districts. The bill, available here, would create a tax credit which would prevent increases in school district property taxes from exceeding the rate of inflation. This would only apply to property owners in a school district on the 20-mill floor. LSC’s analysis of the bill, available here, includes helpful examples of how the tax credit would work.

H.B. 186 also modifies property tax “rollbacks” for residential property, which would ultimately increase the total rollback, or savings, for owner-occupied homes, while eliminating the rollbacks for all other residential property.

House Bill 309—County Budget Commissions

House Bill 309 takes a slightly different approach to lowering property taxes by revising the authority and rules for county budget commissions. Sponsored by Representative David Thomas (R, Jefferson), the bill’s text is available here

County budget commissions are made up of the auditor, treasurer, and either the prosecuting attorney or tax commissioner in each county. If passed, H.B. 309 would allow county budget commissions to reduce millage on any voter-approved levy if the commission deems the revenue is “unnecessary” or “excessive.” This authority to reduce millage on levies would not include debt levies. Further, county budget commissions would not be permitted to reduce a school district’s operating levy below the 20-mill floor, or to reduce any levy collected below the previous year’s revenue unless they are able to offset the reduction using reserve balances, nonexpendable trust funds, or carryover amounts. 

House Bill 335—Property Tax Overhaul

Finally, House Bill 335 was also introduced by Representative David Thomas (R, Jefferson).  H.B. 335, available here, would limit inside millage collections to the rate of inflation. This would be accomplished by requiring county budget commissions to adjust the rate of each inside millage levy during the reappraisal of all real property performed every six years under Ohio law, or during the update, which occurs every three years.  To see some examples of this language in action, see the LSC’s analysis of the bill, available here

What’s next?

Each of these four bills aimed at lessening the burden of property taxes have been delivered to Governor DeWine, and await his signature before they can become law.  We will certainly keep you updated on what happens with each bill. In the meantime, if you’d like more information about property taxes in Ohio, the Ohio Department of Taxation has a great informational guide here.

Posted In: Property, Tax
Tags: property tax, Ohio legislation
Comments: 0
By: Ellen Essman, Wednesday, October 29th, 2025

A trio of senate bills related to agriculture were introduced in the Ohio General Assembly this month.  The bills touch on a variety of topics, from CAUV recoupment charges, to training an agricultural workforce, to creating a state food and agriculture policy council. 

Senate Bill 285, available here, was introduced by Senator Tim Schaffer (R-Lancaster) on October 8 and referred to the Senate Ways and Means Committee.  The bill would exempt certain conservation uses from recoupment charges when land is converted from an agricultural use. Typically, if agricultural land is converted to another use, it is subject to a recoupment charge equal to the previous three years of tax savings it received because it was valued using its current agricultural use value (CAUV).  SB 285 would not require a recoupment charge to be paid if the agricultural land is acquired by a conservation organization and is used for certain environmental response projects related to water quality or wetlands, or if it is used for an H2Ohio water project. That being said, if the land ceases to be used for conservation, recoupment charges would apply.  SB 285 had its first hearing in the Senate Ways and Means Committee on October 28.

Sponsored by Senator Paula Hicks-Hudson (D-Toledo), SB 287, entitled “Farming And Workforce” was introduced on October 8, and had its first hearing in the Senate Finance Committee on October 28.  The bill, which is available here, would create the Farming and Workforce Development Program.  This program would provide training for Ohio residents between 16 and 35 years of age to prepare them for employment in seasonal crop farming. The program would not exclude people who have been convicted or pled guilty to a felony from eligibility.  The bill would require Ohio State University Extension and Central State University Extension to develop guidelines and policies for the application process, coursework, and running of the Farming and Workforce Development Program, and would appropriate $500,000 from the state general revenue fund to get the program started.

Finally, Senate Bill 288 was also introduced on October 8. Also sponsored by Senator Hicks-Hudson, the bill, available here, would create the Ohio Food and Agriculture Policy Council.  The Council would be tasked with making recommendations to the General Assembly that strengthen Ohio’s food and farm economies, engaging in advocacy, education, and policy work for the health of Ohio’s citizens and the sustainability of the state’s natural resources.  Specifically, the Council would be charged with delivering an annual report to the General Assembly detailing its recommendations on:

  • Food security;
  • Food access;
  • Food production and distribution;
  • Food waste;
  • Economic development;
  • Food procurement;
  • Food chain workers; and
  • Food systems resilience. 

The Council would be housed under the Ohio Department of Agriculture (ODA). The Director of ODA would serve on the council, as well as the following members, who would be appointed by the Governor:

  • One member who is a representative of the Ohio Hospital Association;
  • One member from Ohio State University Extension;
  • One member from Central State University Extension;
  • Three members from Ohio Farm Bureau;
  • One member who represents urban farming;
  • One member who represents rural farming;
  • One member who represents statewide food banks; and
  • One member who is a registered lobbyist representing Ohio Cooperatives. 

Senate Bill 288 would appropriate $500,000 to create the Ohio Food and Agriculture Policy Council and has been referred to the Senate Finance Committee.

Be sure to stay tuned to the Ag Law Blog for continuing updates on Ohio Legislation affecting agriculture!

 

By: Ellen Essman, Tuesday, August 26th, 2025

Governor DeWine signed H.B. 96, the two-year state operating budget, into law on June 30. Over the last few months, we have reported on provisions in the biennial budget related to agriculture.  In this week’s installment, we will examine the changes the bill makes to what is permissible in the practice of veterinary medicine in the state of Ohio.

In the beginning of June, we reported on S.B. 60, which would allow veterinarians to practice telehealth in Ohio.  You can find our previous post here.  Instead of being passed as a stand-alone bill, the provisions about veterinary telehealth were included in the state operating budget, H.B. 96. Looking broadly at the provisions included in H.B. 96, there are four main changes to veterinary law. The language in the budget bill:

  1. Allows the use of veterinary telehealth services;
  2.  Allows a veterinary-client-patient relationship (VCPR) to be established via a telehealth visit in some cases;
  3. Creates special requirements for the use of telehealth services for livestock animals; and
  4. Allows veterinarians to prescribe medication via telehealth visit with certain exceptions.

Telehealth services for veterinary care permitted

During the Covid-19 pandemic and in the years following, most of us have become familiar with visiting our doctors via telehealth appointments using a computer or smartphone. H.B. 96 allows this appointment method to also be used in veterinary care in the state of Ohio.

Under the budget bill, a licensed veterinarian may conduct the practice of veterinary medicine via telehealth services if all the following apply:

  • The veterinarian obtains the informed consent from the client, including an acknowledgement that the standards of care required by Ohio law equally apply to in-person and telehealth visits. The veterinarian shall maintain documentation of the consent for at least three years after receiving the informed consent.
  • The veterinarian provides the client with the veterinarian's name and contact information and secures an alternate means of contacting the client if the telehealth visit is interrupted. Following the telehealth visit, the veterinarian shall make available to the client an electronic or written record of the visit. The electronic or written record shall include the veterinarian's license number.
  • Before conducting an evaluation of a patient via a telehealth visit, the veterinarian advises the client of all the following:
    • The veterinarian may ultimately recommend an in-person visit with the veterinarian or another licensed veterinarian;
    • The veterinarian is prohibited under federal law from prescribing certain drugs or medications based only on a telehealth visit;
    • The appointment for a telehealth visit may be terminated at any time.
  • A licensed veterinarian may prescribe drugs or medications after establishing a veterinary-client patient relationship via telehealth services within certain parameters and with certain exceptions (see the “Prescribing medication via telehealth visit” heading below).

Once the veterinarian shares all of this information with their client, and if the rules for prescribing drugs are followed, a telehealth veterinary visit is legally permitted in the state of Ohio under the language of H.B. 96.

Changes to veterinary-client-patient relationships

Much like a doctor-patient relationship takes place between a doctor and a person who is their patient, a veterinary-client-patient relationship takes place between a veterinarian, their client (the animal’s owner), and the patient (the animal). According to Ohio law, a VCPR relationship exists when the following conditions have been met:

  • A veterinarian assumes responsibility for making clinical judgments regarding the health of a patient and the need for medical treatment, medical services, or both for the patient, and the client has agreed to follow the veterinarian's instructions regarding the patient.
  • The veterinarian has sufficient knowledge of the patient to initiate at least a general or preliminary diagnosis of the medical condition of the patient. In order to demonstrate that the veterinarian has sufficient knowledge, the veterinarian must have seen the patient recently, and must be personally acquainted with the keeping and care of the patient by doing any of the following:
    • Making medically appropriate and timely visits to the premises where the patient is kept;
    • Examining the patient in person; or
    • Under the new provisions of H.B. 96, by examining the patient in real time via telehealth.
  • The veterinarian is readily available for a follow-up evaluation, or has arranged for emergency coverage, in the event the patient suffers adverse reactions to the treatment regimen, or the treatment regimen fails.

H.B. 96 keeps previous Ohio law concerning the establishment of a VCPR intact, but it also broadens the law by allowing for “sufficient knowledge” of a patient to be gained by a telehealth examination. However, as we will discuss below, this is not the case when it comes to livestock animals.

Telehealth for livestock

Up until now, we have discussed requirements for veterinary telehealth broadly.  When a telehealth visit includes a client who raises livestock for human food consumption, the new language is a bit more strict. In the case of livestock, a VCPR must be established in person prior to the use of telehealth services. While a VCPR for non-livestock animals may be established via a telehealth appointment, VCPRs involving livestock must first include that in-person meeting. This means that a veterinarian may not treat or diagnose an injury or illness in a livestock animal using telehealth if the veterinarian has not previously established an in-person VCPR with the patient and client. Once an in-person VCPR is established with respect to the livestock, the veterinarian may subsequently treat the livestock via telehealth appointment.  

That being said, the language in H.B. 96 allows veterinarian may give tele-advice to a client raising livestock prior to establishing a VCPR in person. Tele-advice means a veterinarian giving “health information, opinion, or guidance that is not intended to diagnose, treat, issue certificates of veterinary inspection, or issue prognoses of the physical or behavioral illness or injury of an animal.” According to the American Veterinary Medical Association, tele-advice can consist of broad recommendations via phone, text, or internet. Examples include recommendations that animals receive annual wellness checks, or that animals should receive preventive medicine to prevent worms or other pests. Under the new language, a veterinarian may give these kinds of general tele-advice regarding livestock, but they may not specifically treat or diagnose a livestock animal using telehealth without first establishing a VCPR in-person.

Prescribing medication via telehealth visit

Is a veterinarian permitted to prescribe medication for an animal via a telehealth visit under the new language? The answer is yes, but certain rules apply.  After a VCPR relationship is established, a veterinarian may issue a prescription lasting up to fourteen days for the patient via tele-health visit.  The veterinarian may additionally issue one refill of the medication for up to fourteen days if another tele-health visit with the patient and client occurs. However, for additional refills, the veterinarian must see the patient in person. Remember that for livestock animals, the VCPR must be established in person before a veterinarian may prescribe drugs. Further, a veterinarian may not prescribe a controlled substance (see the list of controlled substances in section 3719.01 of the Ohio Revised Code) to a patient unless a physical examination takes place in person.

With the passage of this language in H.B. 96, Ohio becomes the eighth state to allow the practice of veterinary medicine via telehealth. Other states include Arizona, California, Florida, Idaho, New Jersey, Vermont, and Virginia. Proponents of the language cite that it will make veterinary care more accessible in the state, and that it will lessen the stress caused to animals by transporting them to and from a vet’s office H.B. 96 becomes effective on September 30, 2025. To read the budget bill in its entirety, click here.

By: Ellen Essman, Tuesday, August 05th, 2025

Over the past month, we’ve shared several blog posts examining aspects of the State Operating Budget, HB 96 and how it makes changes to agricultural law in Ohio. Below, we note some more assorted provisions in the bill related to agriculture.  

Pork Marketing

HB 96 establishes a state “pork marketing program to promote the sale of pork and pork products,” but only if the National Pork Checkoff created under federal law ceases to operate.  Checkoff programs for agricultural commodities gather fees on products in order to better promote the products and to conduct research. If the National Pork Checkoff ends, the new law would require the Ohio Pork Council to accept nominees and hold elections for a state pork marketing program operating committee. The committee would consist of 12 members, including the Director of the Ohio Department of Agriculture, the executive vice president of the Ohio Pork Council, four pork producers appointed by the director, and six members from each of the six districts established throughout the state.  The operating committee would be able to levy assessments on the value of animals, pork, or pork products sold or imported in the state. This provision of HB 96, which again, is only triggered if the National Pork Checkoff ceases to operate, was likely included in the State Operating Budget due to reports in February of this year that the Trump administration’s Department of Government Efficiency (DOGE) was reviewing and possibly cutting federal agricultural checkoff programs.

Animal and Consumer Protection Fund

The Operating Budget establishes the Animal and Consumer Protection Fund, which will be used to fund the Ohio Livestock Care Standards Board, the regulation of captive deer producers, the regulation of wild animals and snakes, and the regulation of garbage-fed swine and poultry.  The new language would channel various fees collected from permits for the possession of dangerous wild animals to go to the Animal and Consumer Protection Fund, when they previously went to the “dangerous and restricted animal fund.”

HB 96 also gives ODA the power to assess civil penalties against those who violate livestock dealer laws. The civil penalties would replace the finding of  first-degree misdemeanor for violators (however, the fifth-degree felony penalty for violating certain provisions of the livestock dealer law remains). Money collected from these civil penalties would also go to the Animal and Consumer Protection Fund. 

Food Processing Establishments

Under Ohio law, a food processing establishment is defined as a premises or part of a premises where food is processed, packaged, manufactured, or otherwise held or handled for distribution to another location or for sale at wholesale.” New language included in HB 96 would exempt small egg producers (those who annually maintain 500 or fewer birds) from food processing establishment requirements.                           

Hemp

HB 96 gives ODA permission to transfer the authority to regulate hemp cultivation in Ohio to the United States Department of Agriculture (USDA) and requires ODA to establish a program to monitor and regulate hemp processing. On July 25, 2025, ODA started the process of transferring the regulation of hemp cultivation in the state to the USDA. As of January 1, 2026, hemp growers must be licensed through USDA, and ODA cultivation licenses will be voided.  More information about the transition is available here.

Although the steps are in motion to transfer regulation of cultivation of hemp to USDA, HB 96 still allows ODA and universities with agricultural programs to cultivate and process hemp without a license for research purposes.

Finally, the budget bill allows ODA to issue hemp processing licenses if either of the following apply:

    • The individual holds the applicable license in another state
    • The individual has satisfactory work experience, a government certification, or private certification as a hemp processor in a state that does not issue the applicable license. 

H2Ohio

It has been widely reported that the state budget made cuts to the H2Ohio Program. In Governor DeWine’s proposed budget released in January, he called for $270 million to fund the program, but in the final version of the budget as passed by the General Assembly, only around $165 million was allocated to the program for 2026 and 2027. ODA’s H2Ohio funds will be $107.2 million for 2026-2027, compared to $171.4 million received in 2024—2025. Bigger cuts were made to ODNR , which will have $42.4 million for H2Ohio (down from $69.4 million in 2024—2025), and Ohio EPA, which will receive $15 million for H2Ohio (down from $ 51.4 million in 2024—2025).

In the version of HB 96 delivered to Governor DeWine, the General Assembly also added a provision that money in the H2Ohio fund could not be used for the purchase of land or for the purchase of conservation easements to further the goals of the H2Ohio program. This provision, however, was vetoed by Governor DeWine.

 

We hope you’ve found our series on agriculture in the state budget informative thus far! You can find HB 96 in its entirety here.  There has been talk of legislation to “fix” certain parts of the budget bill as passed. Please stay tuned to the Ohio Ag Law Blog, where we will be sure to update you on any changes the General Assembly makes this fall!

 

By: Ellen Essman, Friday, July 25th, 2025

 

Welcome to our third installment in our continuing series on provisions affecting agriculture in the recently passed State Operating Budget, or House Bill 96. Our previous blog posts in this series focused on changes to ag permits and licensing and to pesticide application laws, which you can find here and here. This week, our focus will be on the effects of H.B. 96 on apiaries throughout the state of Ohio.

Adjustments and additions to definitions

Under current Ohio law, an “apiary” is defined as “any place where one or more colonies or nuclei of bees are kept,” and “queen rearing apiaries” are defined as “any apiary in which queen bees are reared for sale or gift.” H.B. 96 changes the definition of “queen rearing apiaries” to “any apiary in which queens are raised or purchased for sale, trade, or gift; or otherwise distributed or used to create, for sale, trade or gift, nucs, packages or colonies.”  Thus, the budget bill expands the definition of “queen rearing apiaries” to not only include apiaries where queens are raised for distribution, but also apiaries where queens are purchased for distribution in order to create bee colonies.

H.B. 96 also adds a definition to the law governing apiaries.  In the budget bill, “nuc” is defined as a small colony of bees in a hive box to which all of the following applies:

  1. The hive box contains three to five frames.
  2. The hive box contains a laying queen bee and the queen’s progeny in egg, larval, pupa, and adult stages.
  3. The small colony has honey and a viable population sufficient enough to develop into a full-sized economy.

These changes to definitions under the apiary law appear to have been made to increase the number of apiaries ODA has the authority to regulate, as you will see in the next section.  The ultimate goal of these changes seems to be for ODA to have more oversight over the health and safety of apiaries in Ohio.

Compliance, registrations, certification

Ohio apiarists should also be aware that H.B. 96 makes changes to compliance requirements under the apiary law. New language in H.B. 96 requires any person engaged in the rearing of queen bees to have a written compliance agreement with ODA. Under the agreement, the person must agree to comply with the requirements stipulated by ODA.

Furthermore, new language states that each person intending to sell, trade, gift, or otherwise distribute queen bees, packaged bees, nucs, or colonies will now be required to request that ODA certify all of a person’s queen rearing apiaries. A certification fee of fifty dollars or another amount specified by ODA in rulemaking is also created. According to the Ohio Legislative Service Commission, the introduction of this $50 fee will bring in approximately $41,000 annually to benefit the Plant Pest Program Fund.

 H.B. 96 authorizes ODA to require all queen rearing apiaries to be inspected as specified in rules at least annually, whereas the previous language required inspections once each year with no authority to alter inspection frequency. This change would seemingly give ODA the ability to inspect apiaries more frequently, and as a result, they could keep a better eye on any problems with individual apiaries. Previously, if such an inspection found that there was a serious bee disease or that Africanized honey bees were present, bee owners were subject to certain rules. The new language also includes the finding of bee “pests” to trigger these rules, which appears to give ODA another tool to keep bee populations throughout the state safe.  Once disease or pest problem is resolved, ODA can issue an official certificate attesting to this.  Producers must include a copy of this certificate with each queen, nuc, or colony they distribute. Such a certificate will expire on May 31st of the following year and may be renewed annually. H.B. 96 also outlaws the distribution of bees, honeycombs, or used beekeeping equipment that contains a serious bee disease or pest.

Ohio law requires any person owning or possessing bees to register with ODA, and H.B. 96 makes some tweaks to this registration process.  Under the new language, a person must apply for registration on or before the first day of June each year, or thereafter within thirty days after owning or possessing the bees or moving bees into Ohio from another state.  Previously, an owner had ten days to apply for registration, so the new language gives people a bit more time.  New language also requires owners to register each of their apiaries, regardless of whether the apiary is located at their place of residence or elsewhere. H.B. 96 also eliminates the five dollar registration fee.

H.B. 96 also gives the director of ODA the power to suspend any apiary registration, certificate, permit, or compliance agreement for cause.

When will these changes become effective?

The budget bill becomes effective on September 30, 2025. The Ohio State Beekeepers Association (OSBA) has been working with ODA throughout the month of July to get more clarity about what the language changes mean for beekeepers, and how regulations will be carried out under the new law. OSBA’s page dedicated to information about H.B. 96 is available here. ODA’s website on apiaries is located here.

As always, H.B. 96 is available in its entirety here. Stay tuned to the Ag Law Blog for more updates on the State Budget and its effect on agriculture.

 

Posted In: Animals
Tags: apiary, apiaries, bees, Ohio legislation, legislation
Comments: 0
By: Ellen Essman, Thursday, July 17th, 2025

After months of deliberation, the General Assembly delivered H.B. 96, the two-year state operating budget, to Governor Mike DeWine.  Governor DeWine signed the bill into law on June 30, vetoing several provisions. DeWine issued a number of line-item vetoes, and the General Assembly plans to hold a session on July 21 to override the vetoes related to property tax provisions in the bill. There is also a chance that the General Assembly may override additional vetoes unrelated to property tax in the fall. While we will certainly keep an eye on these possible veto overrides, the provisions of the budget bill affecting agriculture remain mostly intact. This is the second in our continuing series of blog posts about the newly passed state operating budget and its implications for agriculture in Ohio. In today’s installment, we will be looking into how H.B. 96 modifies Ohio’s pesticide application statutes.

Pesticide-related licensing, registration, and permitting

If you sell or distribute pesticides, apply pesticides, or hire someone to do so on your farm, H.B. 96 puts some changes in motion that you should be aware of.  The first affects distributors of pesticide products. The cost to register each pesticide product they distribute has increased from $150 to $250, with a late fee of $125 if registration renewal is filed after the deadline. Another change affects pesticide businesses. Under the new law, a pesticide business must obtain a license for every location that is owned by the business. Furthermore, a copy of the license must be displayed at each business location.

Turning to pesticide applicators, the examination for those applying to become licensed pesticide applicators was previously free, but the new language creates a $30 examination fee in addition to the existing $30 licensing fee. In another notable change, H.B. 96 increases the amount of time the Ohio Department of Agriculture can suspend any pesticide license, permit, or registration without a hearing from 10 days to 30 days.

New limits for restricted use pesticides

The most significant change in the law is to who may legally apply restricted use pesticides (RUPs).  Under H.B. 96, a state or federally listed RUP may only be used by licensed applicators, whether they apply privately or commercially. Previously, if you were a trained serviceperson acting under direct supervision of a commercial pesticide applicator, or immediate family members and subordinate employees acting under the direct supervision of a private applicator, you would have been permitted to apply RUPs. The new language does not permit any “use” of RUPs by anybody other than a licensed applicator.  The definition of “using” a RUP includes the following:

  • Performing pre-application activities involving mixing and loading the pesticide;
  • Applying the pesticide;
  • Performing other pesticide-related activities, including transporting or storing pesticide containers that have been opened, cleaning equipment, and disposing of excess pesticides, spray mix, equipment wash waters, pesticide containers, and other pesticide-containing materials.

When does this all become effective?

One question many will have is when the language regarding who may legally use RUPs will actually go into effect. While most legislation becomes effective 90 days after it is signed into law, these changes are very technical and will likely have to go through a lengthy administrative rulemaking process. According to the Ohio Agribusiness Association, the Ohio Department of Agriculture “has committed to several months’ notice to applicators before any changes go into effect.”

We plan to follow the developing regulations on the use of RUPs very closely and will keep you updated when the new provisions of the law become effective.  In the meantime, if you’d like to look into H.B. 96 yourself, it is available here. We will be back next week to discuss more agricultural implications in the budget bill!

 

By: Ellen Essman, Wednesday, July 09th, 2025

After months of deliberation, the General Assembly delivered H.B. 96, the two-year state operating budget, to Governor Mike DeWine.  Governor DeWine signed the bill into law on June 30, vetoing several provisions. DeWine issued a number of line-item vetoes, and the General Assembly plans to hold a session on July 21 to override the vetoes related to property tax provisions in the bill. There is also a chance that the General Assembly may override additional vetoes unrelated to property tax in the fall. While we will certainly keep an eye on these possible veto overrides, the provisions of the budget bill affecting agriculture remain mostly intact. Over the next few weeks, we will be sharing a series of blog posts about the newly passed state operating budget and its implications for agriculture in Ohio. Today’s focus will be on several licensing, permit, and fee changes affecting the ag and food sectors.  

Various fee increases and changes

H.B. 96 increases inspection, licensing, and registration fees in many ag and food related industries. For instance, the budget bill:

  • Increases the cost of a license to manufacture and distribute fertilizer in the state of Ohio from $5 to $50.  If the manufacturer/distributor fails to renew its license, the late fees increase from $10 to $25.
  • Increases the annual base inspection fee for plant nurseries that produce, sell, or distribute woody nursery stock from $100 to $200. On top of the inspection fee, there is a charge of $15 per acre for nursery stock grown in intensive production areas, and a charge of $10 per acre for nursery stock grown in non-intensive production areas.
  • Changes the annual registration fees for bakeries. The fee used to begin at $30 and go up depending on how much product the bakery produced. H.B. 96 changes the annual bakery registration fee to a flat $200.
  • Increases the license fee for frozen food manufacturing facilities, chill rooms, sharp freezing rooms and facilities, or sharp freezing cabinets from $50 to $200.

Seed labeler permits

In Ohio, no person is allowed to label agricultural, vegetable, or flower seed that is intended for sale in the state without a seed labeler permit. The budget bill makes the following changes to commercial seed labeler permits:

    • Increases the cost of permits from $10 to $50.
    • Moves the expiration date for seed labeler permits from December 31st to January 31st of each year.
    • Requires labelers to submit a sales report to the Ohio Department of Agriculture (ODA) annually instead of semiannually.
    • A seed fee based on the amount of seed sold is typically due at the same time as the annual sales report. H.B. 96 changes how this seed fee is collected for alfalfa, clover, grass, native grass, mixtures containing any of these, and all agricultural, vegetable and flower seeds not specifically mentioned in the law. The new language states that if the total amount of fees due is less than $50, then seed labelers no longer need to pay a minimum fee.

Livestock dealer licensing

Ohio law defines livestock “dealers” or "brokers,” with some exceptions, as “any person found by the department of agriculture buying, receiving, selling, slaughtering, 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, swine and other suidae, poultry, alpacas, llamas, or monitored captive deer, captive deer with status, or captive deer with certified chronic wasting disease status during any one year.” H.B. 96 modifies the law regarding licensing for these livestock dealers and brokers in the following ways:

    • Licensing fees for dealers and brokers used to be based on the number of head of livestock they sold per year. The new language creates a flat fee of $250 per annum.
    • Increases licensing fees for small dealers from $25 to $50, and late fees for small dealers from $25 to $100.
    • Increases licensing fees for each licensed weigher and each employee appointed by a livestock dealer from $20 to $30.

Registration and inspections for manufacturers and distributors of commercial feeds

Finally, the budget bill modifies registration and inspection requirements for manufacturers and distributors of commercial feeds. Commercial feed includes “all materials…that are distributed for use as feed or for mixing in feed for animals.” Under the new language in H.B. 96, the following changes have been made:

    • Manufacturers and distributors of commercial feed must register annually with ODA. Registration is due on February 1st of each year and expires January 31st each year.
    • Manufacturers and distributors must pay an annual registration fee of $50.
    • Inspection fees for commercial feed distributors will be collected annually instead of semiannually.
    • ODA will not collect inspection fees on the first two hundred tons of commercial feed sold by a distributor of commercial feed in a calendar year.

If you’re up for some light reading, H.B. 96 is available in its entirety here. Stay tuned for our continuing series on the state operating budget!

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Tags: Ohio legislation
Comments: 0
By: Ellen Essman, Friday, June 13th, 2025

Governor DeWine recently signed H.B. 15, which repeals parts of the controversial energy bill passed in 2019,  H.B. 6.  Introduced by Roy Klopfenstein (R, Haviland), H.B. 15 specifically repeals subsidies for coal-fired power plants introduced in H.B. 6, but it also does much more to promote energy production within the state of Ohio.

H.B. 15 is wide-ranging, but certain provisions may be of particular interest to Ohio agriculture and those living in rural areas of the state.  The bill allows county commissioners, municipal corporations, or townships to adopt legislation requesting that the director of the Ohio Department of Development “designate the site of a brownfield or former coal mine within the subdivision’s territory as a priority investment area.” When considering the designation of a priority investment area (PIA), the director of the Ohio Department of Development is required to “prioritize the designation of areas negatively impacted by the decline the coal industry.”  Under the law, the property becomes a PIA when the Director of Development notifies the local legislative authority, or within ninety days if no notification is sent.  Once designated as a priority investment area (PIA), a property will be exempt from taxation for five years, which encourages public utilities to use the property for energy development. The law also requires the Power Siting Board to adopt rules for the accelerated review of energy projects located in an approved PIA.

Agricultural commodity groups like Ohio Corn & Wheat, as well as environmental groups like the Nature Conservancy, have praised the bill, noting that generating power on brownfields and former coal mines will have the added benefit of protecting farmland and native habitats. The thinking is that with more PIAs available for energy generation and accelerated approval from the Power Siting Board of PIAs, the need to use farmland and other areas for renewable energy projects would diminish. Instead, under the new law, political subdivisions and energy generators would be incentivized to use brownfield and former coal mine land that has already been developed, helping Ohio to both protect farmland and meet the demand for more energy generation.  H.B. 15 will go into effect on August 14, 2025.  The bill is available in its entirety here

Ohio Statehouse
By: Peggy Kirk Hall, Wednesday, June 04th, 2025

Written by Ellen Essman, J.D., Senior Research Associate with the OSU Agricultural & Resource Law Program

Note:  We welcome Ellen Essman to the OSU Agricultural & Resource Law Program.  Ellen worked with us previously, and has returned to assist with covering legislation and serving as the Education Director for our Ohio Farm Resolution Services agricultural mediation program. 

The Ohio General Assembly is currently considering several bills that would affect agriculture, farmers, livestock producers, sellers of homemade foods, landowners, and students participating in FFA or 4-H.  Here is an update on the bills we are following, including a few updates on bills we mentioned in our last legislative blog post.

H.B. 10 – Imitation meat and egg products

As we reported in our previous legislative blog post, H.B. 10 would prohibit the sale of foods that are “misbranded” as meat or egg products. Sponsored by Rep. Roy Klopfenstein (R-Haviland) and Rep. Jack Daniels (R-New Franklin), H.B. 10 defines “misbranded” meat and egg products as those that: contain manufactured-protein food products or fabricated-egg products, are offered for sale by a food processing establishment, and have a package label that includes certain “meat” or “egg” terms.  A food processing establishment that sells misbranded meat and egg products would be subject to a penalty of up to $10,000 per day.  The bill would also require Ohio agencies to request a USDA exemption of cultivated-protein food products and fabricated-egg products from eligibility under SNAP and WIC food programs and would require Ohio school districts and state institutions of higher education to adopt policies preventing the purchase of cultivated-protein food products or foods misbranded as meat or egg products. H.B. 10 is still being deliberated in the House Agriculture Committee. At the bill’s most recent hearing on May 28, there was no opponent or proponent testimony.

H.B. 65 – Agriculture Appreciation Act

The Ohio House of Representatives passed H.B. 65 on April 2, and the bill was introduced in the Senate on April 8. The bill had its first hearing in the Senate Agriculture and Natural Resources Committee on May 27, where sponsors by Rep. Roy Klopfenstein (R-Haviland) and Rep. Bob Peterson (R-Sabina) testified on its behalf.  The sponsors cited the importance of agriculture to Ohio’s economy, and the long tradition of agriculture in Ohio as the catalysts for introducing this bill. The act proposes the following official designations:

  • “FFA Week” as the week ending with the last Saturday in February.
  • “4-H Week” as the week ending with the second Saturday of March.
  • “Agriculture Day” on March 21.
  • "National Farmers Market Week" as the first full week of August.
  • “Ohio Stormwater Awareness Week” as the first week of October.
  • “Farmer’s Day” on October 12
  • “Ohio Soil Health Week” as the second full week of November, to celebrate and raise awareness for the importance of soil health and in honor of the birthday of soil pioneer and advocate David Brandt.

H.B. 65 had its second hearing in Senate Agriculture and Natural Resources on June 3, with no in-person testimony. 

H.B. 125 – Excused school absences for 4-H and FFA programs

Introduced in the House on February 24 by sponsors Rep. Thomas Hall (R-Middletown) and Rep. Rodney Creech (R-West Alexandria), H.B. 125 has since had three hearings in the House Education Committee.  The bill would require school districts to grant excused absences for participation in scheduled 4-H and FFA activities or programs to students in grades K-12, and to allow those students to make up any school work missed as a result of that absence. In order to verify absences for 4-H or FFA activities, the school must receive written documentation from 4-H or FFA educators. The bill would not allow for excused absences for 4-H activities during state testing or when a student has been disciplined by, suspended, or expelled from school.

H.B. 134 – Microenterprise home kitchen operation

A bi-partisan bill would add Ohio to the small but growing list of states that have adopted “food freedom laws” to loosen regulations on the sale of homemade foods.  Sponsored by Rep. Jennifer Gross (R-West Chester) and Rep. Latyna Humphrey (D-Columbus), H.B. 134 would create a new “microenterprise home kitchen operation” registration that would broaden the types of foods a person could produce at home and sell directly to customers. Ohio law currently allows a person to sell certain “cottage foods” and “home bakery” foods with minimal regulation but requires producers of other foods to produce the foods in a commercial kitchen and operate under state and local food licenses.  H.B. 134 would remove those requirements and allow a registered microenterprise home kitchen operation to produce and sell any homemade foods (except those containing alcohol or drugs), including items such as canned goods and hot meals.  The annual $25 registration would require an inspection by the Ohio Department of Agriculture to ensure the microenterprise home kitchen operation meets requirements in the law regarding operations, food safety, storage and preparation, and sales and delivery of the food.  H.B. 134 received its second hearing before the House Agriculture Committee on April 9, with two proponents testifying in support of the bill.

H. B. 201 – Allow specified hunting on landowner’s property without a permit

H.B. 201 was introduced in the House on March 26 by Rep. Kevin Miller (R-Newark), and Dani Isaacshon (D-Cincinnati), and had its first hearing in the House Natural Resources Committee on May 7.  The bill would expand the list of relatives that may hunt and trap on an Ohio landowner’s property without purchasing a hunting license, deer or wild turkey permit, or fur taker permit from the Ohio Department of Natural Resource’s Division of Wildlife. The bill would make the following changes:

  • Current Ohio law allows an Ohio landowner’s children and grandchildren under 18 to hunt on the land without a license.  H.B. 201 would extend this to also allow parents of Ohio landowners to hunt without a license.
  • Current Ohio law allows an Ohio landowner’s children to hunt deer and turkey on the land without obtaining permits.  H.B. 201 would also allow the landowner’s parents and grandchildren to do so.
  • Current Ohio law allows an Ohio landowner’s children to hunt and trap fur-bearing animals on the land without a permit. H.B. 201 would expand the current law to allow an Ohio landowner’s parents and grandchildren under 18 to hunt and trap without a permit.

S.B. 60 – Veterinarian Telehealth

Since the Covid-19 pandemic, we have all become familiar with telehealth medical appointments. S.B. 60, sponsored by Sen. Shane Wilkin, (R-Hillsboro), and Sen. Steve Huffman (R-Tipp City), would expand the ability to conduct telehealth appointments to veterinarians with their clients and patients (animals) under certain circumstances.  Current law requires a veterinary-client-patient (VCP) relationship to be established in-person via an examination or visit to the patient.  S.B. 60 would allow VCP relationships to be established via real time telehealth examinations.

The bill would also allow a licensed veterinarian to conduct telehealth services with a client and their animal (the patient) if:

  • The veterinarian obtains the informed consent from the client, including an acknowledgement that the standards of care prescribed by the law governing veterinarians equally apply to in-person and telehealth visits;
  •  The veterinarian provides the client with the veterinarian’s name and contact information and secures an alternate means of contacting the client if the telehealth visit is interrupted; and
  • Before conducting an evaluation of a patient via a telehealth visit, the veterinarian advises the client concerning certain information, including that the veterinarian may ultimately recommend an in-person visit.

Further, the bill would place some requirements on prescribing drugs during a telehealth appointment, including:

  • A veterinarian may issue an initial prescription for up to 14 days. The veterinarian may issue one refill for up to 14 days if the veterinarian sees the patient for another telehealth visit. For additional refills, the patient must visit the veterinarian in person.
  • The veterinarian must notify the client that certain prescription drugs or medications may be available at a pharmacy and, if requested, the veterinarian will submit a prescription to a pharmacy of the client’s choosing; and
  •  The veterinarian must not order, prescribe, or make available a controlled substance unless the veterinarian has performed an in-person physical examination of the patient.

S.B. 60 had its second committee hearing in Senate Agriculture and Natural Resources on May 27.  Senators on the committee discussed amendments to the bill that would make the following changes:

  • For livestock raised as food for human consumption, a VCP relationship must first be made in person before telehealth appointments would be permitted;
  • However, veterinarians may give “tele-advice” prior to VCP being established in person. “Tele-advice” was described as “opinion or guidance from a veterinarian, but not a diagnosis, treatment, or prognosis;”
  • An addition to the bill that it would not invalidate anything from Chapter 956 of the Ohio Revised Code, which governs dog breeding; and
  • Telehealth appointments must occur in within the state where the patient is located.

In the May 27 committee hearing, several proponents of the bill also gave testimony in its favor.  Those testifying cited numerous reasons why passage of the bill would be prudent, including the state shortage of veterinary professionals, the difficulty of people living in rural areas or with a lack of resources to access veterinary care for their animals, the passage of veterinary telehealth laws in other states, and the ability for veterinarians to give faster care in the case of emergencies. They also mentioned that the law would not replace in-person veterinary appointments but instead would be another tool in a veterinarian’s arsenal to care for animals. 

On June 3, the Senate Agriculture and Natural Resources Committee held their third hearing on S.B. 60.  There was no in-person testimony, and the Committee favorably reported the bill, with the May 27 changes, out of committee. 

S.B. 122 – Local authority for agricultural land zoning resolutions

This bill was introduced in late February and had its first hearing in the Senate Local Government Committee on March 5 but no hearings since that date.  S.B. 122, sponsored by Sen. Paula Hicks-Hudson (D-Toledo), would eliminate the authority of townships and counties to adopt zoning resolutions for agricultural land under certain circumstances. 

The bill eliminates a township and county’s limited authority to utilize zoning to regulate any of the following in a platted subdivision or in an area consisting of 15 or more contiguous lots: 

  • Agriculture on lots of one acre or less;
  • Buildings or structures incident to the use of land for agricultural purposes on lots between one and five acres by setback building lines, height, and size; and
  • Dairying and animal poultry husbandry on lots between one and five acres when at least 35% of the lots in the subdivision are developed with at least one building, structure, or improvement that is subject to real property taxation or that is subject to the tax on manufactured and mobile homes.

Ohio law currently prohibits regulation of agriculture, buildings or structures, and dairying and animal and poultry husbandry on lots greater than five acres. S.B. 122 would broaden that prohibition to protect agriculture on smaller lots, which would be beneficial to those practicing urban agriculture. 

S.B. 100 – Exemption from insurance regulations for nonprofit agricultural membership organizations

This bill would exempt healthcare benefits offered by “nonprofit agricultural membership organizations” from insurance regulations.  The bill passed the Senate in early April and was favorably reported out of the House Insurance Committee on May 27.  S.B. 100, sponsored by Sen. Susan Manchester (R-Waynesfield) would define a “nonprofit agricultural membership organization” as an organization that was incorporated in Ohio on or before December 31, 1919, to promote the interests of farms and that provides contractual healthcare benefit coverage exclusively with members of the organization and their families. Healthcare benefit coverage provided by such an organization, according to the proposal, is not “insurance” and is not subject to insurance regulations. The bill would also allow the nonprofit organizations to assume or reinsure the risks arising out of healthcare benefit coverage with a company authorized to provide insurance in Ohio.

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View of Ohio House of Representatives hearing room from balcony
By: Peggy Kirk Hall, Wednesday, April 09th, 2025

Proposals that would formally designate several “ag-related days” in Ohio, allow Ohio Farm Bureau to provide healthcare benefit coverage to its members, regulate imitation meat and egg products, and expand homemade food production opportunities are receiving attention in the Ohio legislature.  Here’s a summary of the bills and where they stand in the legislative process.

H.B. 65 – Agriculture Appreciation Act

The Ohio House of Representatives passed H.B. 65 on April 2, and the bill was introduced in the Senate on April 8. Sponsored by Rep. Roy Klopfenstein (R-Haviland) and Rep. Bob Peterson (R-Sabina), the act proposes the following official designations:

  • “FFA Week” as the week ending with the last Saturday in February.
  • “4-H Week” as the week ending with the second Saturday of March.
  • “Agriculture Day” on March 21.
  • "National Farmers Market Week" as the first full week of August.
  • “Ohio Stormwater Awareness Week” as the first week of October.
  • “Farmer’s Day” on October 12.
  • “Ohio Soil Health Week” as the second full week of November, to celebrate and raise awareness for the importance of soil health and in honor of the birthday of soil pioneer and advocate David Brandt.

Readers might recognize some of H.B. 65’s proposed designations, and that would be because a similar bill nearly passed the legislature last year.  A last minute amendment in the Senate prevented the proposal from making it through the General Assembly before December 31, 2024, however.

S.B. 100 and H.B. 99 – Exemption from insurance regulations for nonprofit agricultural membership organizations

Identical bills that would exempt healthcare benefits offered by “nonprofit agricultural membership organizations” from insurance regulations has passed the Senate and is moving through the House Insurance Committee, despite opposition from a number of health care advocacy groups.  H.B. 99, sponsored by Rep. Bob Peterson (R-Sabina) and S.B. 100, sponsored by Sen. Susan Manchester (R-Waynesfield) would define a “nonprofit agricultural membership organization” as an organization that was incorporated in Ohio on or before December 31, 1919 to promote the interests of farms and that provides contractual healthcare benefit coverage exclusively with members of the organization and their families. Healthcare benefit coverage provided by such an organization, according to the proposal, is not “insurance” and is not subject to insurance regulations. The bill would also allow the nonprofit organizations to assume or reinsure the risks arising out of healthcare benefit coverage with a company authorized to provide insurance in Ohio. Opponents who testified in the bill’s third hearing before the House Insurance Committee on April 8 fear the legislation would allow discrimination against persons with pre-existing conditions. 

H.B. 10 – Imitation Meat and Egg Products

A bill that would prohibit the sale of foods that are “misbranded” as a meat or egg product has received two hearings before the House Agriculture Committee.  Sponsored by Rep. Roy Klopfenstein (R-Haviland) and Rep. Jack Daniels (R-New Franklin), H.B. 10 defines “misbranded” meat and egg products as those that: contain manufactured-protein food products or fabricated-egg products, are offered for sale by a food processing establishment, and have a package label that includes certain “meat” or “egg” terms.  A food processing establishment that sells misbranded meat and egg products would be subject to a penalty of up to $10,000 per day.  The bill would also require Ohio agencies to request a USDA exemption of cultivated-protein food products and fabricated-egg products from eligibility under SNAP and WIC food programs and would require Ohio school districts and state institutions of higher education to adopt policies preventing the purchase of cultivated-protein food products or foods misbranded as meat or egg products. Several agricultural organizations testified in support of the bill in its second hearing on April 2, 2025.

H.B. 134 - Microenterprise home kitchen operations

A bi-partisan bill would add Ohio to the small but growing list of states that have adopted “food freedom laws” to loosen regulations on the sale of homemade foods.  Sponsored by Rep. Jennifer Gross (R-West Chester) and Rep. Latyna Humphrey (D-Columbus), H.B. 134 would create a new “microenterprise home kitchen operation” registration that would broaden the types of foods a person could produce at home and sell directly to customers. Ohio law currently allows a person to sell certain “cottage foods” and “home bakery” foods with minimal regulation but requires producers of other foods to   produce the foods in a commercial kitchen and operate under state and local food licenses.  H.B. 134 would remove those requirements and allow a registered microenterprise home kitchen operation to produce and sell any homemade foods (except those containing alcohol or drugs), including items such as canned goods and hot meals.  The annual $25 registration would require an inspection by the Ohio Department of Agriculture to ensure the microenterprise home kitchen operation meets requirements in the law regarding operations, food safety, storage and preparation, and sales and delivery of the food.  H.B. 134 received its second hearing before the House Agriculture Committee today, April 9, with two proponents testifying in support of the bill.

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