Ohio § 941.04

§ 941.04.

(A) Whenever the director of agriculture or the director's authorized representative

reasonably suspects that any premises or means of conveyance contains an animal that

is infected with or has been exposed to a dangerously contagious or infectious disease

or a disease of concern or is adulterated with a residue, the director or the director's

authorized representative shall have free access to those premises or that means of

conveyance at any reasonable time. (B) Whenever the director of agriculture or the director's authorized representative

reasonably suspects that any vehicle or means of conveyance traveling into or through

the state contains an animal, the director or the director's authorized representative

shall have free access to the vehicle or means of conveyance, including the right

to stop the vehicle or conveyance transporting animals into or through the state.  The director or the director's authorized representative may examine any certificate

of veterinary inspection, animal health certificate, waybill, yarding receipt, sale

ticket, or other document required by this chapter or rules adopted under it.  The director or the director's authorized representative also may inspect the vehicle

or conveyance for the purposes of verifying the presence or existence of any animal

for which a document is required by this chapter or rules adopted under it and verifying

lawful possession or ownership of the animal.  This division does not apply to animals transported intrastate. Within the parameters of the United States and Ohio constitutions, any person who

operates a vehicle or means of conveyance upon a roadway in this state is deemed to

have consented to the inspection of the vehicle or conveyance and the documents as

described in this section. (C) In the event the owner of the animal or the operator of the vehicle or conveyance

fails to present any document required by this chapter and rules adopted under it,

or if the documents indicate or the director or the director's authorized representative

reasonably suspects that an animal is infected with or has been exposed to a dangerously

contagious or infectious disease or a disease of concern or is adulterated with a

residue, the director or the director's authorized representative shall seal the vehicle

or conveyance.  A seal shall not be broken or removed from a vehicle or conveyance within this state

or any other state except by the director or the director's authorized representative

or by a person holding a similar position in another state, territory, or country. Once the vehicle or conveyance is sealed, its operator shall choose a course of action

to be taken under division (D) of section 941.10 of the Revised Code .  If the operator fails to choose and the owner of the animal can be contacted, the

owner shall make the choice.  If the owner cannot be contacted, the director or the director's authorized representative

shall make the choice.  Any time that the director or the director's authorized representative determines

that a course of action under division (D) of section 941.10 of the Revised Code is inappropriate, the director or the director's authorized representative may refuse

to allow that course of action to be taken or may limit it.  The director or the director's authorized representative shall issue a permit designating

and requiring compliance with the course of action chosen under this division. If the director or the director's authorized representative reasonably suspects that

an animal is stolen or that the operator of the vehicle or conveyance is not in lawful

possession of the animal, or while waiting for a search warrant to be issued under section 941.042 of the Revised Code , the director or the director's authorized representative may detain or impound the

vehicle or conveyance or detain the animal.  If the director or the director's authorized representative determines, during any

detention or impoundment, that disposal of the animal is necessary, the director or

the director's authorized representative may provide for its disposal in accordance

with section 941.043 of the Revised Code . (D) The director or the director's authorized representative, in performing official

duties under this section, may call on such law enforcement personnel and government

officials as are necessary to provide assistance.  The director or the director's authorized representative may detain or follow any

vehicle or conveyance until those persons arrive. (E) At the direction of the director and in the director's discretion, an employee of

the animal and plant health inspection service-veterinary services in the United States

department of agriculture may be an authorized representative of the director for

purposes of this chapter.