Buckeye Egg Farm, the state s largest egg producer, moved closer to being sold to its current manager yesterday after the Ohio Department of Agriculture issued draft permits for the rest of the company s four farms.

The buyer, Ohio Fresh Eggs, received permits to operate the Marseilles egg farm in Wyandot County and the Mount Victory egg farm and Goshen pullet farm in Hardin County. Last month, Ohio Eggs was issued a draft permit for its other Ohio operation at Croton barns in Licking County.

A decision on final permits that would allow the company to operate the egg farms is expected by early next year.

Meanwhile, since Nov. 20, Buckeye Egg has been closing its barns and killing its chickens under a court order after the agriculture department ruled the company has been responsible for manure spills and fly outbreaks.

At its peak, Buckeye Egg had permits for about 12 million chickens. The company produced 2.6 billion eggs last year.

Ohio Fresh Eggs is owned by Donald Hershey and Orland Bethel, two of the region s largest egg farmers. The two are co-owners of Hillandale-Gettysburg farms in Pennsylvania, where Mr. Hershey owns several other egg farms. Mr. Bethel owns about 10 million chickens in three states under Hillandale Farms.

Mr. Hershey manages Buckeye Egg. In 1980, he leased land from Buckeye Egg owner Anton Pohlmann in Licking County, where he operated Croton Egg Farms for more than a decade. In 1983, the farm was fined $100,00 by the Ohio Environmental Protection Agency for a manure spill that caused a fish kill in the Scioto River. Mr. Pohlmann bought Croton from Mr. Hershey and his partners in 1992; the four farms became Buckeye Egg.

Buckeye Egg critics say they wonder why the agriculture department would issue a permit to someone with ties to a company with repeated environmental problems.

“As far as we re concerned, it s Anton Pohlmann in different clothing,” said Richard Sahli, a Columbus attorney who represents Buckeye Egg opponents in northwest Ohio.

Mr. Hershey of Lancaster, Pa., who will live half the year in New Albany, Ohio, once the purchase becomes final, said that things will improve under his direction.

“We ll take a pro-active approach to it. Even this year, you can ask the neighbors: The fly situation is a whole lot better,” he said.

Not true according to Becky Kibler of Marion County, who lives about a mile from the Goshen farm.

“We still had flies in November. I don t think many areas have flies in November,” she said.

Beginning Monday night at Monroe-Johnstown High School in Johnstown, Ohio, a series of public forums over the next month directed by the agriculture department will be held to field questions and address concerns.

“We do take into consideration public comments,” said Deborah Abbott, department of agriculture spokesman.

Ms. Abbott said a final permit never has been denied.

In northwest Ohio, the agriculture department is holding two information sessions at Elgin High School in Marion, on Dec. 16 and Jan. 7, both at 7 p.m. A public hearing will be held at 7 p.m. Jan 13 at the high school so residents can give input on the draft permits.

Under agriculture department orders, Mr. Hershey has been eliminating chickens at the Marseilles farm. In the last two weeks, about 800,000 have been killed and their carcasses sold to rendering plants.

He said he will continue the process until the final permits are issued and the sale becomes final.

Ms. Abbott said the final permit for the Croton farm likely will be issued later this month and the final permits for the other farms in late January.

Staff writer Kelly Lecker contributed to this report.

First Published December 4, 2003, 1:04 p.m.