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Written by Ellen Essman, Law Fellow, Agricultural & Resource Law Program
A few bills related to food preparation and dining in the great outdoors are on the move in the Ohio General Assembly.
One of the bills, Senate Bill 233, would allow those who produce cottage foods to do so in a firebrick oven on a patio connected to the producer’s residence. According to Ohio law, cottage foods are non-hazardous and are produced in a person’s home. Cottage foods can include, but are not necessarily limited to: bakery products, jams, jellies, candy, and fruit butter. If passed, SB 233 would change the current law, which only allows cottage foods to be prepared in an oven or on a stove inside the cottage food producer’s residence. SB 233 would allow producers to use both an inside oven and an outside firebrick oven. The bill is currently being debated in the Senate Health, Human Services & Medicaid Committee.
Two identical bills concerning dogs on restaurant patios are working their way through the two houses of the General Assembly—House Bill 263 and SB 182. The bills would prohibit state agencies and local boards of health from adopting rules banning dogs “in an outdoor dining area of a retail food establishment or food service operation.” Even though the government would not be able to ban dogs in those areas, the bills would allow individual restaurants to decide to keep dogs out of their outdoor areas, with the exception of service dogs. HB 263 is being considered in the House Economic Development, Commerce & Labor Committee. SB 182 is currently being discussed in the Senate Health, Human Services & Medicaid Committee.
Will cottage food producers be able to make tasty treats in firebrick ovens? Will your canine companion generally be allowed to accompany you on restaurant patios throughout Ohio? Stay tuned to the Ag Law Blog for any updates on these bills.
Decisions announced today by the Ohio Supreme Court will allow landowners to challenge Current Agricultural Use Valuation (CAUV) land values established by Ohio’s tax commissioner by appealing the values to the Board of Tax Appeals.
Twin rulings in cases filed by a group of owners of woodland enrolled in CAUV, Adams v. Testa, clarify that when the tax commissioner develops tables that propose CAUV values for different types of farmland, holds a public hearing on the values and adopts the final values by journal entry, the tax commissioner’s actions constitute a “final determination” that a landowner may immediately appeal to the Board of Tax Appeals. The Board of Tax Appeals had argued that the adoption of values is not a final determination and therefore is not one that a landowner may appeal to the Board.
The tax commissioner forwards the CAUV tables to the county auditors, who must use the values for a three year period. An inability to appeal the values when established by the tax commissioner would mean that a landowner must wait until individual CAUV tax values are calculated by the county auditor, who relies upon the tax commissioner’s values to calculate the county values. As a result of today’s decision, landowners may appeal the values as soon as the tax commissioner releases them.
The landowners also claimed that the process and rules for establishing the CAUV values are unreasonable and not legal. However, the Court rejected those claims.
For an excellent summary of the Adams v. Testa cases by Court News Ohio, follow this link.
The first hearing for a bill that would limit legal liability for Ohio beekeepers took place this week before the House Economic Development, Commerce and Labor Committee. The bill’s sponsor, Rep. Dick Stein (R-Norwalk), offered several reasons for the proposal, including that beekeeping has recently grown in popularity along with increased demand for honey products, bees play an important role in pollinating plants and contribute to the agricultural economy, and beekeepers have incurred expenses defending themselves against lawsuits that are typically unsuccessful.
House Bill 392 aims to provide immunity from liability for any personal injury or property damage that occurs in connection with keeping and maintaining bees, bee equipment, queen breeding equipment, apiaries, and appliances, as long as the beekeeper does all of the following:
- Registers the apiary with the Ohio Department of Agriculture, as is currently required by Ohio law;
- Operates according to Ohio Revised Code Chapter 909, which contains provisions for apiaries;
- Implements and complies with the best management practices for beekeeping as established by the Ohio State Beekeepers Association; and
- Complies with local zoning ordinance provisions for apiaries. Note that zoning ordinances for apiaries would likely exist only in incorporated areas, as Ohio’s “agricultural exemption from zoning” prohibits townships and counties from using zoning to regulate agricultural activities like beekeeping in most situations.
A beekeeper would not have immunity from liability resulting from intentional tortious conduct or gross negligence, however.
The second hearing for the bill will take place on December 5, 2017. Information about the proposal is available here.