|
Taking the Bull by the Horns Mr. Fred Dailey
Since the 1994 exhibition season in Ohio, awareness of the magnitude of tampering with exhibition livestock became a reality — it’s no longer a barn rumor. Newspaper headlines stated that seven of the top 10 steers and the grand champion lamb at the 1994 Ohio State Fair had tested positive for clenbuterol and/or vegetable oil. Subsequent articles announced a father and a brother admitted to tampering with a show steer, and the owner of the grand champion lamb was banned from future fairs. These newspaper reports built a new public awareness of a segment of agriculture that previously had not existed. The Ohio Department of Agriculture (ODA) and Ohio’s livestock industry was suddenly confronted with the crisis that threatened their image and the integrity of agriculture.
In 1994, Ohio did not have specific laws to deal with tampering. In addressing these incidents the ODA had to be imaginative and work with available laws. For instance, laws that dealt with adulteration of a food product, sale of dangerous drugs or contributing to the delinquency of a minor were some of the laws utilized in the first cases. Because there was a lack of specific laws dealing with tampering, Fred L. Dailey, Director of Agriculture, appointed an Ad Hoc Task Force to review the problem and make recommendation to him for corrective action.
The Task Force met in the fall of 1994, and the final report was made in December. The result was a formal Action Plan that suggested the creation of statute, rules and a livestock testing program for not only the Ohio State Fair but all 94 county and independent fairs. Prior to any legislative action in June 1995, fairs only were able to disqualify or ban exhibitors from future exhibitions if the board had adopted the necessary rules. In most cases, the individual fairs did not have these rules in place. With legislative approval of the ground breaking Livestock Show Reform Act , Ohio put in place laws and rules to deal with infractions in a more appropriate manner (i.e., felonies or misdemeanors).
Let me make a comment about the dedication of time, talent and energies required to implement a program of this magnitude. Hundreds of hours have been spent by the department’s senior management in the writing of the laws, securing legislative approval, educating all of the entities affected, implementing the testing program, as well as a massive amount of time spent in preparing for legal defense of the department’s position. One point that cannot be overlooked, and you as a regulatory agency must be prepared for the public scrutiny and the sometimes negative perception that can exist when a young exhibitor is about to loose his or her prize, monetary award and their reputation is threatened.
Ohio’s resulting statute defines tampering and sabotage, provide for punishment of violators, and rule making authority for food safety, as well as the health, safety and welfare of livestock. The original problem was the use of illegal drugs and substances. However, in Ohio the testing program has been expanded to included the proper use of all medications to assure fair competition and a wholesome food product. Exhibitors are encouraged to think of their projects not only just as an element of competition, but as the production of food for their family and friends.
The primary purposes for livestock show reform are many. I would like to mention a few of these reasons. Youth need to be encouraged to develop livestock production skills that do not require short cuts or crutches to be competitive. Family participation in the project is one of the most important concepts to assure control of the project animal’s care, thus eliminating the need for third party involvement. By educating entire families regarding proper drug, use residue problems or positive test sample results — which can lead to mandatory disqualification — can be eliminated. We are attempting to provide an atmosphere where every exhibitor finds a competitive environment that promotes an educational experience, as well as personal honesty and integrity.
In Ohio, we have taken the bull by the horns. Ohio laws provide for absolute liability and mandatory disqualification of the project if an unlawful substance or an unacceptable practice is detected. If you are to be successful in a program such as this, you must be willing to dedicate the time to develop the necessary laws and rules to provide a sound legal basis for any administrative action.
In Ohio, we have been involved in the process for more than two years. The process does not happen overnight, but it is a building process that is open ended and will require many revisions. In addition, our testing program has uncovered the use of drugs in such a manner that could potentially contaminate the food chain. Our rules have been revised to deal with such drug use. In 1996 we detected four positive urine tests the result of inappropriate drug use, down from seventeen in 1995. Also, in 1996 we did not detect any use of the illegal drug clenbuterol or any similar drugs. We don’t believe our work is finished. As we speak, exhibitors are pursuing means to circumvent our rules. Our challenge is to stay a step ahead.
|