Ohio Livestock Care Standards, Amendment 2 (2009)

From Ballotpedia - Reading time: 9 min

---

Contents 1 Aftermath 1.1 2010 related initiative 1.2 Appointments 2 Election results 3 Text of measure 4 Support 4.1 Arguments 4.2 Campaign contributions 5 Opposition 5.1 Arguments 5.2 Campaigning 5.3 Campaign contributions 6 Media editorial positions 6.1 Editorial boards in support 6.2 Editorial boards opposed 7 See also 8 External links 9 Additional reading 10 Footnotes

Voting on the Treatment of Animals Ballot Measures By state By year Not on ballot Ohio Constitution Preamble Articles I • II • III • IV • V • VI • VII • VIII • IX • X • XI • XII • XIII • XIV • XV • XVI • XVII • XVIII • XIX • Schedule

The Ohio Livestock Care Standards Amendment, also known as Amendment 2, was on the November 3, 2009 ballot in Ohio as a legislatively referred constitutional amendment, where it was approved. The measure created a 13-member Ohio Livestock Care Standards Board for the purpose of establishing standards governing the care of livestock and poultry.^[1][2]

Aftermath[edit]

2010 related initiative[edit]

See also: Ohio Livestock Care Initiative (2010)

On January 27, 2010 the Ohio Livestock Care Initiative (2010), an initiated constitutional amendment, was filed with the Ohio Attorney General for the November 2, 2010 ballot in Ohio. According to the filed petition the proposed initiative, a countermeasure to Amendment 2, required that the Livestock Care Standards Board adopt certain minimum standards.^[3] The measure was supported by the Humane Society of the United States.

On June 30, the state's petition drive deadline, it was announced that Gov. Ted Strickland, the Humane Society and Ohio agricultural leaders reached an agreement. Specifically, the Humane Society agreed to drop their ballot efforts and the state agreed to a number of livestock issues and regulations. Agreed issues included phasing out gestation crates used by the pork industry over the next 15 years and regulations on dog breeding kennels, cockfighting and exotic animals.^[4]

However, the Humane Society said they planned to keep an eye on the development of the livestock board and the execution of the agreement. Ohio Agriculture Director Robert Boggs confirmed in late August 2010 that the terms of the agreement between Strickland and the Humane Society were being reviewed. "They're in the mix. Will they be passed exactly like they were proposed? No," he said.^[5][6]

Appointments[edit]

On April 6, 2010 the governor appointed 10 people to the new board. Appointments include:

• Harold Dates - president and chief executive officer of the Society for Prevention of Cruelty to Animals of Cincinnati
• Tony Forshey - state veterinarian for the Ohio Department of Agriculture
• Leon Weaver - owner and operator of Bridgewater Dairy
• Jeff Wuebker - co-owner of Wuebker Farms since 2001
• Bobby Moser - vice president for agricultural administration and the dean of the College of Food, Agricultural, and Environmental Sciences at the Ohio State University since 1991
• Jeffrey LeJeune - an associate professor for Food and Animal Health at the Ohio Agricultural Research and Development Center at the Ohio State University since 2007
• Jerry Lahmers - owns and operates a family farm that includes a cow/calf feedlot and grain operations
• Lisa M. Hamler-Fugitt - executive director of the Ohio Association of Second Harvest Foodbanks and as the legislative liaison for the Ohio Alliance of Boys & Girls Clubs
• Robert Cole - served in various roles for the U.S. Department of Agriculture for over 33 years
• Stacey Atherton - co-owner for Shipley Farms since 2009

All of the governor's appointments have been approved by the Senate. In addition to the 10 members, the Ohio Department of Agriculture Director Robert Boggs and a selection by the House Speaker and Senate President will serve on the board.^[7][8]

The Board's website can be found here.

Election results[edit]

Ohio Amendment 2 (2009)
Result		Votes	Percentage
a Yes		2,020,851	63.76%
No		1,148,538	36.24%

Election results via: Ohio Secretary of State

Text of measure[edit]

See also: Ohio Constitution, Article XIV, Section 1

The language appeared on the ballot as:^[9]

“

PROPOSED CONSTITUTIONAL AMENDMENT TO CREATE THE OHIO LIVESTOCK CARE STANDARDS BOARD TO ESTABLISH AND IMPLEMENT STANDARDS OF CARE FOR LIVESTOCK AND POULTRY Proposed by Joint Resolution of the General Assembly To adopt Section 1 of Article XIV of the Constitution of the State of Ohio. This proposed amendment would: Require the state to create the Livestock Care Standards Board to prescribe standards for animal care and well-being that endeavor to maintain food safety, encourage locally grown and raised food, and protect Ohio farms and families. Authorize this bipartisan board of thirteen members to consider factors that include, but are not limited to, agricultural best management practices for such care and well-being, biosecurity, disease prevention, animal morbidity and mortality data, food safety practices, and the protection of local, affordable food supplies for consumers when establishing and implementing standards. Provide that the board shall be comprised of thirteen Ohio residents including representatives of Ohio family farms, farming organizations, food safety experts, veterinarians, consumers, the dean of the agriculture department at an Ohio college or university and a county humane society representative. Authorize the Ohio department that regulates agriculture to administer and enforce the standards established by the board, subject to the authority of the General Assembly. If adopted, this amendment shall take effect immediately. A “YES” vote means approval of the amendment. A “NO” vote means disapproval of the amendment. A majority YES vote is required for the amendment to be adopted. Shall the proposed amendment be approved? [10]

”

Support[edit]

Gov. Ted Strickland supported Amendment 2, as did the Ohio Farm Bureau, who argued that the measure offered an outline that would enable safety procedures to effectively ensure the care of livestock animals.^[11]

• According to the Farm Bureau, if the measure was enacted, the board could consult with animal behaviorists, scientists and veterinarians while scheming their plan to develop standards. The group said they believed the standards would help prevent disease and other food issues.^[11]
• Ohio Farm Bureau lobbyist Keith Stimpert said,"We're going to assemble a panel of knowledgeable people. It's important to take a very thoughtful approach to the issue."^[11]
• Dave and Troy Ernest, owners of County Line Pork, Inc., said they supported the measure due to fears that animal rights groups would hurt their industry if they gained control. The Ernests pointed to California’s egg industry as evidence of an industry they said they believe will be eliminated after animal rights groups campaigned for Proposition 2 in 2008. Dave Earnest said, "They have a lot of money and a lot of power. If we don't do something, we will see these groups...come in."^[11]

Arguments[edit]

On September 9, 2009, Ohio Livestock Care, a political action committee in support of the 2009 measure, released a list of reasons to vote in favor of ballot Amendment 2.

Some of the listed arguments include:^[12]

• Ohio farmers strongly support the proposal to create the Ohio Livestock Care Standards Board because it will ensure animal care is top of mind for all farmers and keep regulatory control of Ohio's farms where it belongs--in the state
• It allows the people of Ohio to vote for an Ohio solution to animal care issues -- one that puts the decision making for livestock care and local food production in the hands of Ohio consumers and Ohio experts in farming, animal well-being and food safety.
• It is important that changes suggested for the entire agriculture community be carefully considered by Ohio experts and supported by science, fact and data.
• Through Issue 2 farmers are taking an unprecedented lead in the nation. Being responsive to the consumers they serve, Ohio farmers are taking a proactive stance to provide for informed, responsible decisions about food and animal care issues in the state through creation of the Ohio Livestock Care Standards Board.

Campaign contributions[edit]

According to the final reports by Ohioans for Livestock Care, the campaign group raised more than $5 million and spent approximately $4.7 million.^[13]

Major campaign contributors include:

Contributor	Amount
Cooper Farms	$144,495
Ohio Fresh Eggs	$144,000
The American Farm Bureau Federation (Washington, D.C.)	$100,000
New Day Farms (Wisconsin)	$60,000
Cargill Inc. (South Dakota)	$50,000
Monsanto Co. (Iowa)	$50,000

Opposition[edit]

Ohio Against Constitutional Takeover Coalition was an opponent of Amendment 2, which they announced a monthly meeting of the Women’s Democratic Caucus. They argued that a constitutional amendment should not allow big agribusiness to control or influence the Ohio Constitution. Natalie Kee, spokeswoman for the group during the debate, said the group was organized by the request of Food and Water Watch, based out of Washington D.C., and is supported by Ohio Farmer’s Union, the Ohio Ecological Food and Farm Association and the Ohio Sierra Club.^[14]

• According to Kee: "Yes, there is an animal welfare component to the issue that’s a big part of the debate but there’s also another component. There are already boards in existence that are not in the Constitution that regulate farmers — the Ohio Department of Agriculture and executive orders from the Governor — there are a lot of other ways to do it."^[14]

• Ohio Supreme Court Justice Maureen O’Connor displayed her disagreement with the measure in a speech given to the Hancock County Republican Party on October 15, 2009 at a dinner held at the University of Findlay. In her address, O’Connor stated:
  • The amendment is an "inappropriate use" of a constitutional amendment.
  • Issues such as animal rights should be decided by state lawmakers.
  • According to O’Connor: "Policy needs to evolve as our society changes."^[15]

Arguments[edit]

Animal rights groups argued that the statewide issue did not protect livestock as much as the language stated, citing that the industry would still house animals in cramped and unsafe cages and barns. Among other stated concerns was the industry's alleged attempt, by placing a measure on the ballot, to stop animal rights groups from placing their own measure on the ballot. State Representative Michael J. Skindell said that the agribusiness interests were blocking regulations that would require more room in cages for chickens and in barns for cows.^[16]

On August 28, 2009 the Humane Society of the United States posted their argument against Amendment 2:

"Why is The Humane Society of the United States opposing Issue 2? While designed to give the appearance of helping farm animals, Issue 2 is little more than a power grab by Ohio’s agribusiness lobby. The industry-dominated “animal care” council proposed by Issue 2 is really intended to thwart meaningful improvements in how the millions of farm animals in Ohio are treated on large factory farms."^[17]

Campaigning[edit]

On October 27, 2009, opponents of Amendment 2 held a news conference, stating they were the "little guys" in a debate that places them against the government and factory megafarms. According to Warren Taylor, owner of Snowville Creamery in Pomeroy in Meigs County stated that creation of a Livestock Standards Board if Amendment 2 was passed is "government intervention" that is unwelcome among small family farms. Taylor stated: "We, as the little guys, are constantly under pressure. We are concerned about our very survival. Issue 2 could regulate me out of business." The coalition Ohio Against Constitutional Takeover held the news conference that featured director of ProgressOhio, Brian Rothenburg, who commented on "government takeover" and the group's arguments against it:"It will be the fox guarding the henhouse. It is wrong for Ohioans."^[18]

Campaign contributions[edit]

No committees or contributions to opposition campaigns relating to Amendment 2 were reported.^[19]

Media editorial positions[edit]

Main article: Endorsements of Ohio ballot measures, 2009

Editorial boards in support[edit]

• The Mansfield News Journal supported Amendment 2. The board argued that the measure should be approved in order to reduce problems with Ohio farmers. "Proponents of the issue are trying to get in front of planned ballot initiatives by animal rights groups to strictly control or ban cages and crates used to house livestock and chickens. Farmers fear these misguided measures could financially kill small livestock or egg operations. Although the passage of State Issue 2 would not prevent future ballot measures from outside interests, it would create an in-state regulatory body that understands farming and livestock care. Voters should not hesitate to pass this measure as a means of maintaining control over the food supply," said the board.^[20]

Editorial boards opposed[edit]

• The Toledo Free Press opposed Amendment 2. "The idea of trying to protect farm animals and to protect us as consumers on face value is a good thing. While the intentions of Issue 2 may be to do that, it’s the lack of clear guidelines in how Issue 2 would make that happen that has given us pause," wrote Editor in Chief Michael Miller.^[21]

• The Plain Dealer opposed Amendment 2. The board said, "What's not needed is radical change, written into the state Constitution either by the farm lobby or by animal-rights groups unconcerned whether they end up driving farmers out of business. Ohioans who vote 'no' on Issue 2 on Nov. 3 should be prepared to vote 'no' again, should the Humane Society seek its own ballot measure in a future election."^[22]

See also[edit]

• Ohio 2009 ballot measures
• 2009 ballot measures
• List of Ohio ballot measures
• History of Initiative & Referendum in Ohio

External links[edit]

Additional reading[edit]

Footnotes[edit]

v • e 2009 ballot measures States California • Maine • New Jersey • New York • Ohio • Texas • Washington Other Election results • Polls, 2009 ballot measures • Petition drive deadlines, 2009 • 2009 ballot measure litigation • List of ballot measure lawsuits in 2009 • 2009 ballot measure calendar • 2009 ballot measure endorsements

	v • e State of Ohio Columbus (capital)
Elections	What's on my ballot? | Elections in 2021 | How to vote | How to run for office | Ballot measures
Government	Who represents me? | U.S. President | U.S. Congress | Federal courts | State executives | State legislature | State and local courts | Counties | Cities | School districts | Public policy