Innovative Enforcement Efforts Through State Laws

By Fred Dailey, Director
Ohio Department of Agriculture

This is how we addressed the problem.

1. Enforcement (Criminal investigations rather than just rule violations)
2. Self Examination
3. Unified Effort
4. Educational Approach
5. Passed Livestock Show Reform Act
6. Implemented a State-Wide Testing Program

Tampering with exhibition livestock is not new. Sponsoring organizations dealt with these violations of their rules.

Our wake-up call came in 1994. We have an agreement with the Ohio State Fair to test class winners.

A state meat inspector working the kill floor noticed vegetable oil in a lymph gland. Seven of top 10 steers and Grand Champion Lamb had been tampered with or had clenbuterol residue in tissue.

Weekly Report to Governor. Good news can wait . . . Bad news can’t! Our Governor admonishes the Cabinet when we discover problems: EXPOSE IT OR OWN IT.

WHY? Damaged consumer confidence in meat products. Impugned 4-H, 4-H started in Ohio; FFA, Junior Livestock Shows. Denied an honest kid the opportunity to stand in the winner’s circle.

Governor said he wanted it cleaned up!! It was reprehensible.

We launched an investigation that I predicted would last two weeks. Every time we turned over a rock there was another snake under it. Two Ohio Department of Agriculture enforcement agents spent most of their time for one and a half years on this.

For the first time ever, we decided to prosecute individuals under these statutes:

1. CHEATING
2. ATTEMPTED THEFT
3. THEFT
4. ADULTERATING FOOD
5. CONTRIBUTING TO THE DELINQUENCY OF A MINOR
6. POSSESSION OF CRIMINAL TOOLS
7. FORGERY

To date we have obtained:

19 indictments by grand juries or guilty pleas
13 convictions
2 charges were dropped

We have some indictments and convictions pending. Some were small fish, some were big fish. Most denied charges and criticized Ohio Department of Agriculture (mix-up at packing plant, claim of custody, lab tests).

Many hired expensive attorneys. Almost all later confessed and plea bargained.

You also need support from local sheriffs, prosecuting attorneys, judges.

Sentences:
1. Prison Time
2. Jail Time
3. Banned from showing, fitting, etc.
4. Restitution
5. Stiff fines - most have been $5,000
6. Recovery of investigation costs and forfeiture of equipment
7. Community Service:
     -Clean Pens at Fair
     -Clean up at Dog Pound
8. Public apology
9. Place paid ads in livestock & ag publications

Much publicity. News media are our friends if we are open, honest and proactive. If you are trying to cover up the problem, the media are your enemy.

Appointed an Ad Hoc Livestock Show Task Force; 4-H and FFA in Ohio did a great job - skillathons.

Recommendations of Ad Hoc Task Force:

1. Tough Laws
2. More Testing
3. Reemphasize educational intent of our Junior Shows (Grand Champion Projects) (hair tests)
4. More Terminal Shows
5. Require all Grand & Reserve Grand animals to be slaughtered
6. Establish a code of ethics
7. More ethics training
8. Standardization of State Rules
9. Shield County Fairs from legal expenses
10. Ohio State Fair spent $50,000 on legal fees

Passed the Livestock Show Reform Act: 33-0 Senate; 92-1 House.

National Council of State Governments has recommended this as model legislation.

1. Makes Livestock Tampering a specific 4th Degree Felony, Sabotage - 3rd Degree Felony
2. Increases Power of Ohio Department of Agriculture to investigate and test (Bef our specific charterwas pure food & meat inspection)
3. Authorizes us to promulgate statewide regulations defining tampering and food safety rules.
4. Authorizes us to establish optional grooming rules (Use of dyes, artificial tailheads, etc.)
5. Allows us to shield county, state, independent fairs and other show sponsors
6. Closed loop-holes - clenbuterol ($50,000 state fair legal expense)

Forensic scientists have become very sophisticated and have state-of-the-art analytical equipment.

$200,000/year was appropriated to test exhibition livestock.

Establish Chain of Custody Procedures for collections of urine, tissue samples & animals themselves.

Establish protocol for tests:

-Screening
-Confirmatory tests
Procedures for Investigation:
-Consistency - random tests
-Probable cause
Disclosure of drug use:
-Off-label use of legal drugs
-Absolute Insurer rule
A collective change of attitude.

Recommendations:

New paradigms:

1. The industry in your state must adopt a "Zero Tolerance" for cheating! Develop a consensus & draw a line in the sand. Take an introspective look at your own state. If you think you don’t have a problem, you are probably in a state of denial!

2. Reemphasize education in your junior livestock shows. Adopt a code of conduct for exhibitors and teach ethics.

3. Pass a strong livestock tampering law that rests responsibility for investigation and enforcement in one state agency. Use full authority of the law to punish violators, close loopholes.

4. Develop a statewide testing program. Use full authority, must have legal powers, subpoenas, search warrants, surveillance, etc.

5. Don’t overreact! Protect the innocent. Rumors run rampant in livestock fairs. A good investigation can exonerate those that have been unfairly accused. Don’t create a police state.

Who is to blame? All of us. But there is a silver lining in this cloud. Through our collective efforts we can clean up the problems and ensure a bright future for livestock exhibitors. Instead of destroying livestock shows, the actions you are about to take in your state will save our livestock shows.