reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1322 | Ohio Residential Mortgage Lending Act (Rmla) › Section 1322.55 | Adoption of Rules to Parallel Federal Safe Act.

Effective:
March 23, 2018
Latest Legislation:
House Bill 199 - 132nd General Assembly
(A) Notwithstanding any provision of this chapter, or any rule adopted thereunder, if the "Secure and Fair Enforcement for Mortgage Licensing Act of 2008," 122 Stat. 2810, 12 U.S.C. 5101, as amended, is modified after October 16, 2009, or any regulation, statement, or position is adopted under that act, and the item modified or adopted affects any matter within the scope of this chapter, the superintendent of financial institutions may by rule adopt a similar provision.
(B) The superintendent shall adopt the rules authorized by this section in accordance with section 111.15 of the Revised Code. Chapter 119. of the Revised Code does not apply to rules adopted under the authority of this section.
(C) A rule adopted by the superintendent under the authority of this section is effective on the later of the following dates:
(1) The date the superintendent issues the rule;
(2) The date the regulation, rule, interpretation, procedure, or guideline the superintendent's rule is based on becomes effective.
(D) The superintendent may, upon thirty days' written notice, revoke any rule adopted under the authority of this section. A rule adopted under the authority of this section, and not revoked by the superintendent, lapses and has no further force and effect eighteen months after the rule's effective date.
Last updated June 22, 2021 at 2:39 PM
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1322 | Ohio Residential Mortgage Lending Act (Rmla) › Section 1322.56 | Adoption of Rules to Comply With Nmls Requirements.

Effective:
March 23, 2018
Latest Legislation:
House Bill 199 - 132nd General Assembly
The superintendent of financial institutions may adopt, in accordance with Chapter 119. of the Revised Code, any rule necessary to comply with the requirements of the nationwide mortgage licensing system and registry, including requirements pertaining to all of the following:
(A) Payment of nonrefundable fees to apply for, maintain, and renew licenses through the nationwide mortgage licensing system and registry;
(B) Renewal or reporting dates;
(C) Procedures to amend or to surrender a license;
(D) Any other activity necessary for participation in the nationwide mortgage licensing system and registry.
Last updated June 22, 2021 at 2:40 PM
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1322 | Ohio Residential Mortgage Lending Act (Rmla) › Section 1322.57 | Administrative Rules.

Effective:
March 23, 2018
Latest Legislation:
House Bill 199 - 132nd General Assembly
The superintendent of financial institutions, in accordance with Chapter 119. of the Revised Code, may adopt reasonable rules to administer and enforce this chapter and to carry out the purposes of this chapter.
Last updated May 28, 2021 at 5:18 PM
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1322 | Ohio Residential Mortgage Lending Act (Rmla) › Section 1322.99 | Penalty.

Effective:
March 23, 2018
Latest Legislation:
House Bill 199 - 132nd General Assembly
(A)(1) Whoever violates division (A) of section 1322.07 or division (E), (F), or (G) of section 1322.40 of the Revised Code is guilty of a felony of the fifth degree.
(2) Whoever violates division (B) of section 1322.07 of the Revised Code is guilty of a misdemeanor of the first degree.
(B) The offenses established under divisions (A) and (B) of section 1322.07 of the Revised Code are strict liability offenses, and section 2901.20 of the Revised Code does not apply. The designation of these offenses as strict liability offenses shall not be construed to imply that any other offense for which there is no specified degree of culpability, whether in this section or another section of the Revised Code, is not a strict liability offense.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1327 | Weights and Measures › Section 1327.291 | Prohibited Agreements to Gain Competitive Advantage in Sale of Milk or Milk Products.

Effective:
October 5, 1955
Latest Legislation:
House Bill 547 - 101st General Assembly
No milk dealer shall directly or indirectly through arrangements with other persons provide refrigerated bulk milk dispensers or parts or accessories thereof to any other person as a means of awarding a premium, rebate, or discount in order to gain competitive advantage in the sale of milk or milk products. Whenever any such item is provided or sold at less than its prevailing wholesale price, it shall be presumed it was provided as a premium, rebate, or discount.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1327 | Weights and Measures › Section 1327.47 | Customary System of Weights and Measures - Metric System.

Effective:
July 27, 1990
Latest Legislation:
House Bill 571 - 118th General Assembly
The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized, and one or the other of these systems shall be used for all commercial purposes in this state. The definitions of basic units of weight and measure, the tables of weight and measure, and weights and measures equivalents, as published by the national institute of standards and technology, are recognized and shall govern weighing and measuring equipment and transactions in this state.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1327 | Weights and Measures › Section 1327.48 | State Reference Standards of Weights and Measures.

Effective:
March 23, 2016
Latest Legislation:
House Bill 131 - 131st General Assembly
Weights and measures that are traceable to the United States prototype standards supplied by the federal government, or approved as being satisfactory by the national institute of standards and technology, shall be the state reference standards of weights and measures, and shall be maintained in such calibration as is prescribed by the national institute of standards and technology. All working standards may be prescribed by the director of agriculture and shall be verified upon their initial receipt, and as often as found necessary by the director.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1327 | Weights and Measures › Section 1327.49 | Standards for Commercial Weighing and Measuring Devices.

Effective:
July 27, 1990
Latest Legislation:
House Bill 571 - 118th General Assembly
The specifications, tolerances, and regulations for commercial weighing and measuring devices, as adopted by the national conference on weights and measures, recommended by the national institute of standards and technology and published in national institute of standards and technology handbook 44, shall be the specifications, tolerances, and regulations for commercial weighing and measuring devices of the state, except insofar as specifically modified, amended, or rejected by rule by the director of agriculture.
Supplements to and revisions of the above publication shall be subject to adoption by the director of agriculture, in accordance with Chapter 119. of the Revised Code.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1327 | Weights and Measures › Section 1327.501 | Weighing and Measuring Device Operation Permits.

Effective:
March 23, 2016
Latest Legislation:
House Bill 131 - 131st General Assembly
(A) No person shall operate in this state a commercially used weighing and measuring device that provides the quantity or cost of a final transaction and for which a fee is established in division (G) of this section unless the operator of the device obtains a permit issued by the director of agriculture or the director's designee.
(B) An application for a permit shall be submitted to the director on a form that the director prescribes and provides. The applicant shall include with the application any information that is specified on the application form as well as the application fee established in this section.
(C) Upon receipt of a completed application and the required fee from an applicant, the director or the director's designee shall issue or deny the permit to operate the commercially used weighing and measuring device that was the subject of the application.
(D) A permit issued under this section expires on the thirtieth day of June of the year following its issuance and may be renewed annually on or before the first day of July of that year upon payment of a permit renewal fee established in this section.
(E) If a permit renewal fee is more than sixty days past due, the director may assess a late penalty in an amount established under this section.
(F) The director shall do both of the following:
(1) Establish procedures and requirements governing the issuance or denial of permits under this section;
(2) Establish late penalties to be assessed for the late payment of a permit renewal fee and fees for the replacement of lost or destroyed permits.
(G) An applicant for a permit to operate under this section shall pay an application fee in the following applicable amount:
(1) Seventy-five dollars for a livestock scale;
(2) Seventy-five dollars for a vehicle scale;
(3) Seventy-five dollars for a railway scale;
(4) Seventy-five dollars for a vehicle tank meter;
(5) Seventy-five dollars for a bulk rack meter;
(6) Seventy-five dollars for an LPG meter.
A person who is issued a permit under this section and who seeks to renew that permit shall pay an annual permit renewal fee. The amount of a permit renewal fee shall be equal to the application fee for that permit established in this division.
(H) All money collected through the payment of fees and the imposition of penalties under this section shall be credited to the metrology and scale certification and device permitting fund created in section 1327.511 of the Revised Code.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1327 | Weights and Measures › Section 1327.502 | Registration Required.

Effective:
March 23, 2016
Latest Legislation:
House Bill 131 - 131st General Assembly
A service person who is employed by a commercially used weighing and measuring device servicing agency shall register with the director of agriculture in accordance with rules adopted under section 1327.50 of the Revised Code.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1327 | Weights and Measures › Section 1327.51 | Entry on Premises - Orders to Prevent Violation - Seizure of Property - Hearing.

Effective:
June 30, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
(A) When necessary for the enforcement of sections 1327.46 to 1327.61 of the Revised Code or rules adopted pursuant thereto, the director of agriculture and any weights and measures official acting under the authority of section 1327.52 of the Revised Code may do any of the following:
(1) Enter any commercial premises during normal business hours, except that in the event such premises are not open to the public, the director or official shall first present the director's or official's credentials and obtain consent before making entry thereto, unless a search warrant previously has been obtained;
(2) Issue stop-use, hold, and removal orders with respect to any weights and measures commercially used, and stop-sale, hold, and removal orders with respect to any packaged commodities or bulk commodity observed to be or believed to be sold;
(3) Seize for use as evidence any incorrect or unapproved weight or measure or any package or commodity found to be used, retained, or sold in violation of sections 1327.46 to 1327.61 of the Revised Code or rules adopted pursuant thereto.
(B) The director shall afford an opportunity for a hearing in accordance with Chapter 119. of the Revised Code to any owner or operator whose property is seized by the department of agriculture.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1327 | Weights and Measures › Section 1327.511 | Scale Certification Fund.

Effective:
June 30, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
All money collected under sections 1327.50 and 1327.501 of the Revised Code from fees and for services rendered by the department of agriculture in operating the type evaluation program, a metrology laboratory program, and the device permitting program shall be deposited in the state treasury to the credit of the metrology and scale certification and device permitting fund, which is hereby created. Money credited to the fund shall be used to pay operating costs incurred by the department in administering the programs.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1327 | Weights and Measures › Section 1327.52 | Jurisdiction of County Weights and Measures Official.

Effective:
July 26, 1974
Latest Legislation:
House Bill 203 - 110th General Assembly
Any weights and measures official elected or appointed for a county or municipality shall have the duties enumerated in divisions (I) to (M) of section 1327.50 of the Revised Code, and the powers enumerated in section 1327.51 of the Revised Code. These powers and duties shall extend to the respective jurisdictions, except that the jurisdiction of a county official shall not extend to any municipal corporation for which a weights and measures official has been appointed. The director of agriculture shall advise and assist these officials.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1327 | Weights and Measures › Section 1327.53 | Deceptive Sales or Buying Practices.

Effective:
June 20, 1994
Latest Legislation:
Senate Bill 134 - 120th General Assembly
No person shall do any of the following:
(A) Sell, offer, or expose for sale less than the quantity he represents;
(B) Take any more than the quantity he represents when, as a buyer, he furnishes the weight or measure by means of which the quantity is determined;
(C) Represent the quantity he sells or offers or exposes for sale in any manner tending to mislead or in any way to deceive.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1327 | Weights and Measures › Section 1327.54 | Misrepresentation of Price of Commodity or Service.

Effective:
June 30, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
No person shall misrepresent the price of any commodity or service sold or advertised for sale by weight, measure, or count, nor represent the price in any manner calculated or tending to mislead or in any way deceive a person.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1327 | Weights and Measures › Section 1327.55 | Methods of Measuring Commodities for Sale.

Effective:
June 20, 1994
Latest Legislation:
Senate Bill 134 - 120th General Assembly
Except as otherwise provided by the director of agriculture or by firmly established trade customs and practices, commodities shall be sold as follows:
(A) Commodities in liquid form shall be sold by liquid measure or by weight;
(B) Commodities not in liquid form shall be sold only by weight, measure, or county, or a combination thereof;
(C) The method of sale of commodities shall provide accurate quantity information that enables the buyer to make price and quantity comparisons.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1327 | Weights and Measures › Section 1327.56 | Delivery Tickets.

Effective:
July 26, 1974
Latest Legislation:
House Bill 203 - 110th General Assembly
Whenever the quantity is determined by the seller, every bulk sale in excess of twenty dollars and every bulk delivery of heating fuel shall be accompanied by a delivery ticket containing the following information:
(A) The name and address of the vendor and purchaser;
(B) The date delivered;
(C) The quantity delivered and the quantity upon which the price is based, if this differs from the delivered quantity;
(D) The identity in the most descriptive terms commercially practicable, including any quality representation made in connection with the sale;
(E) The count of individually wrapped packages, if more than one.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1327 | Weights and Measures › Section 1327.57 | Package Declarations.

Effective:
June 30, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
(A) Except as otherwise provided by law, any consumer package or commodity in package form introduced or delivered for introduction into or received in intrastate commerce or sold in intrastate commerce shall bear on the outside of the package a definite, plain, and conspicuous declaration, as may be prescribed by rule adopted by the director of agriculture, of any of the following, as applicable:
(1) The identity of the commodity in the package unless the same can easily be identified through the wrapper or container;
(2) The net quantity of the contents in terms of weight, measure, or count;
(3) In the case of any package sold at any place other than on the premises where packed, the name and place of business of the manufacturer, packer, or distributor.
This section does not apply to beer or intoxicating liquor as defined in section 4301.01 of the Revised Code, or packages thereof, or to malt or brewer's wort, or packages thereof.
(B) Under division (A)(2) of this section, neither the qualifying term "when packed" or any words of similar import, nor any term qualifying a unit of weight, measure, or count that tends to exaggerate the amount of commodity in a package, shall be used.
(C) In addition to the declarations required by division (A) of this section, any package or commodity in package form, if the package is one of a lot containing random weights, measures, or counts of the same commodity and bears the total selling price of the package, shall bear on the outside of the package a plain and conspicuous declaration of the price per single unit of weight, measure, or count.
(D) No package or commodity in package form shall be so wrapped, nor shall it be in a container so made, formed, or filled, as to mislead the purchaser as to the quantity of the contents of the package, and the contents of a container shall not fall below any reasonable standard of fill that may have been prescribed for the commodity in question by the director.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1327 | Weights and Measures › Section 1327.571 | Declaration of Quantity Included in Advertising - Posted Prices to Include Fraction.

Effective:
June 20, 1994
Latest Legislation:
Senate Bill 134 - 120th General Assembly
(A) Whenever a package or commodity is advertised in any manner and the retail price of the package or commodity is stated in the advertisement, there shall be closely and conspicuously associated with the statement of price such a declaration of quantity as is required by law or rule to appear on the package or with the commodity. Where a dual declaration is required, only the declaration that sets forth the quantity in terms of the smaller unit of weight or measure need appear in the advertisement.
(B) Whenever an advertised, posted, or labeled price per unit of weight, measure, or count includes a fraction of a cent, all elements of the fraction or decimal shall be prominently displayed and the numeral or numerals expressing the fraction or decimal shall be immediately adjacent to, of the same general design and style as, and at least fifty per cent of the height and width of the numerals representing the whole cents.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1327 | Weights and Measures › Section 1327.58 | Temporary or Permanent Injunction.

Effective:
July 26, 1974
Latest Legislation:
House Bill 203 - 110th General Assembly
Irrespective of whether or not there exists an adequate remedy at law, the director of agriculture may apply to any court of competent jurisdiction for a temporary or permanent injunction or other appropriate relief restraining any person from continued violation of sections 1327.46 to 1327.61 of the Revised Code and of regulations promulgated thereunder.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1327 | Weights and Measures › Section 1327.59 | Presumptions.

Effective:
July 26, 1974
Latest Legislation:
House Bill 203 - 110th General Assembly
Proof of the existence of a weight or measure or a weighing or measuring device in or about any building, enclosure, stand, or vehicle in which or from which it is shown that buying or selling is commonly carried on creates a rebuttable presumption of the use of such weight or measure or device for commercial purposes and of such use by the person in charge of such building, enclosure, stand, or vehicle.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1327 | Weights and Measures › Section 1327.60 | Prior Sections Unaffected.

Effective:
July 26, 1974
Latest Legislation:
House Bill 203 - 110th General Assembly
Enactment of sections 1327.46 to 1327.61 of the Revised Code does not affect any regulations promulgated pursuant to the authority of any earlier enabling statute unless inconsistent with sections 1327.46 to 1327.61 of the Revised Code or modified or revoked by the director of agriculture.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1327 | Weights and Measures › Section 1327.61 | Prohibited Acts.

Effective:
March 23, 2016
Latest Legislation:
House Bill 131 - 131st General Assembly
No person shall do any of the following:
(A) Use or have in possession for use in commerce any incorrect weight or measure;
(B) Wrap, package, label, or advertise any product or service contrary to this chapter, or any rules adopted under it, or sell, offer, hold, or expose for sale any service or product wrapped, packaged, labeled, or offered for sale contrary to this chapter or any rules adopted under it, or misrepresent the quantity or price or service contrary to this chapter, or any rules adopted under it;
(C) Remove any tag, seal, or mark from any weight or measure without specific written authorization from the proper authority;
(D) Recklessly install for use, repair, service, or place into service a commercially used weighing and measuring device unless the installation, repair, service, or placement is performed by one of the following:
(1) A department of agriculture division of weights and measures inspector;
(2) A service person registered with the department;
(3) A county or municipal weights and measures inspector.
(E) Hinder or obstruct any weights and measures official in the performance of official duties;
(F) Sell or offer for use in commerce any incorrect weight or measure.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1327 | Weights and Measures › Section 1327.62 | Civil Penalty.

Effective:
June 30, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
Whenever the director of agriculture, or the director's designee, has cause to believe that any person has violated, or is violating any provision of sections 1327.46 to 1327.61 of the Revised Code or a rule adopted under them, the director, or the director's designee, may conduct a hearing in accordance with Chapter 119. of the Revised Code to determine whether a violation has occurred. If the director or the director's designee determines that the person has violated or is violating any provision of sections 1327.46 to 1327.61 of the Revised Code or a rule adopted under it, the director or the director's designee may assess a civil penalty against the person. The person is liable for a civil penalty of not more than five hundred dollars for a first violation; for a second violation the person is liable for a civil penalty of not more than two thousand five hundred dollars; for each subsequent violation that occurs within five years after the second violation, the person is liable for a civil penalty of not more than ten thousand dollars.
Any person assessed a civil penalty under this section shall pay the amount prescribed to the department of agriculture. The department shall remit all moneys collected under this section to the treasurer of state for deposit in the general revenue fund.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1327 | Weights and Measures › Section 1327.65 | Hearing Prior to Filing Criminal Charges.

Effective:
July 27, 1990
Latest Legislation:
House Bill 571 - 118th General Assembly
Prior to filing criminal charges under section 1327.99 of the Revised Code, the director of agriculture shall provide the person accused of the violation an opportunity for a hearing before the director to discuss the charges and offer evidence in mitigation of the charges.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1327 | Weights and Measures › Section 1327.70 | Uniform Motor Fuel Quality Testing Program.

Effective:
June 30, 2007
Latest Legislation:
House Bill 67 - 127th General Assembly
(A) As used in this section:
(1) "Diesel fuel" has the same meaning as in section 5735.01 of the Revised Code.
(2) "Motor fuel" means gasoline or diesel fuel that is sold by a retailer.
(B) The director of agriculture may adopt rules in accordance with Chapter 119. of the Revised Code establishing a motor fuel quality testing program that is uniform throughout the state.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1327 | Weights and Measures › Section 1327.99 | Penalty.

Effective:
March 23, 2016
Latest Legislation:
House Bill 131 - 131st General Assembly
Whoever violates section 1327.501 or 1327.54 or division (A), (B), (C), (D), or (E) of section 1327.61 of the Revised Code or a rule adopted under sections 1327.46 to 1327.61 of the Revised Code is guilty of a misdemeanor of the second degree on a first offense; on each subsequent offense within seven years after the first offense, the person is guilty of a misdemeanor of the first degree.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1329 | Labels and Marks › Section 1329.02 | Restrictions Against Filing.

Effective:
April 12, 2021
Latest Legislation:
Senate Bill 276 - 133rd General Assembly
(A) The secretary of state shall not file an application for the registration of any trade name if the application indicates or implies that the trade name is connected with a government agency of this state, another state, or the United States and the trade name is not so connected or if the application indicates or implies that the applicant is incorporated and the application is not incorporated. Additionally, the secretary of state shall not file an application for the registration of any trade name if it is not distinguishable upon the records in the office of the secretary of state from any other trade name previously registered under sections 1329.01 to 1329.03 of the Revised Code, any corporate name, whether nonprofit or for profit and whether that of a domestic corporation or of a foreign corporation authorized to do business in this state, the name of any limited liability company registered in the office of the secretary of state pursuant to Chapter 1705. or 1706. of the Revised Code, whether domestic or foreign, the name of any limited liability partnership registered in the office of the secretary of state pursuant to Chapter 1775. or 1776. of the Revised Code, whether domestic or foreign, the name of any limited partnership registered in the office of the secretary of state pursuant to Chapter 1782. of the Revised Code, whether domestic or foreign, or any trademark, or service mark previously filed and recorded in the office of the secretary of state and not abandoned, unless the written consent of the corporation, limited liability company, limited liability partnership, or limited partnership, or the person to whom is registered the exclusive right to use the trade name is filed in accordance with division (C) of section 1701.05 of the Revised Code with the application or the written consent of the former registrant of the trademark or service mark is filed with the application. The application for the registration of a trade name and the consent form shall be on a form prescribed by the secretary of state.
(B) The secretary of state shall determine for purposes of this section whether a name is distinguishable from another name in a manner consistent with the provisions of division (B) of section 1701.05 of the Revised Code.
Last updated September 9, 2021 at 11:42 AM
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1329 | Labels and Marks › Section 1329.03 | Acceptance of Document for Filing - Copy.

Effective:
July 29, 1998
Latest Legislation:
House Bill 579 - 122nd General Assembly
Upon compliance by the applicant or user with the requirements of sections 1329.01 to 1329.10 of the Revised Code, the secretary of state shall accept a document for filing and make a copy of the document by microfilm or by any authorized photostatic or digitized process. Evidence of the filing shall be returned to the person filing the document.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1329 | Labels and Marks › Section 1329.04 | Effective Term of Registration or Report - Renewal Notice.

Effective:
June 30, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
Registration of a trade name or report of a fictitious name, under sections 1329.01 to 1329.10 of the Revised Code, shall be effective for a term of five years from the date of registration or report. Upon application filed within six months prior to the expiration of such term, on a form furnished by the secretary of state, the registration or report may be renewed at the end of each five-year period for a like term, provided that a general partnership shall renew its registration or report whenever any partner named on its registration or report ceases to be a partner. Such a renewal shall extend the registration or report for five years, unless further changes occur in the interim. The renewal fee specified in division (S)(3) of section 111.16 of the Revised Code, payable to the secretary of state, shall accompany the application for renewal of the registration or report.
The secretary of state shall notify persons who have registered trade names or reported fictitious names, within the six months next preceding the expiration of the five years from the date of registration or report, of the necessity of renewal by ordinary or electronic mail to the last known physical or electronic mail address of such persons.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1329 | Labels and Marks › Section 1329.06 | Name to Be Assignable.

Effective:
June 6, 2001
Latest Legislation:
House Bill 94 - 124th General Assembly
Any trade name or fictitious name and its registration or report shall be assignable by an instrument in writing duly executed and may be recorded with the secretary of state upon the payment of the fee specified in division (S)(4) of section 111.16 of the Revised Code, payable to the secretary of state, who, recording the assignment, shall issue in the name of the assignee a new certificate for the remainder of the term of the registration or report or the last renewal thereof. The instrument shall be on a form prescribed by the secretary of state.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1329 | Labels and Marks › Section 1329.07 | Change of Business Address.

Effective:
June 6, 2001
Latest Legislation:
House Bill 94 - 124th General Assembly
The registrant of any trade name or a person who reports a fictitious name shall record all changes of the registrant's business address by filing with the secretary of state a statement in writing, on a form prescribed by the secretary of state, setting forth the name previously registered or reported, the date of the registration or report, and the new address of the applicant. The filing fee specified in division (S)(4) of section 111.16 of the Revised Code shall accompany the statement.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1329 | Labels and Marks › Section 1329.08 | Cancellation of Registration by Secretary of State.

Effective:
July 29, 1998
Latest Legislation:
House Bill 579 - 122nd General Assembly
The secretary of state shall cancel from the secretary of state's files:
(A) Any registration concerning which the secretary of state receives a voluntary request in writing, on a form prescribed by the secretary of state, for cancellation of the registration from the registrant or the assignee of record;
(B) All registrations granted under sections 1329.01 to 1329.10 of the Revised Code that are not renewed in accordance with sections 1329.01 to 1329.10 of the Revised Code;
(C) Any registration that the secretary of state finds was granted improperly;
(D) Any registration ordered cancelled by a court of competent jurisdiction on any ground.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1329 | Labels and Marks › Section 1329.09 | Records to Be Kept for Public Examination.

Effective:
November 24, 1977
Latest Legislation:
House Bill 296 - 112th General Assembly
The secretary of state shall keep for public examination a record of all trade names registered and fictitious names reported or renewed under sections 1329.01 to 1329.10 of the Revised Code.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1329 | Labels and Marks › Section 1329.10 | Injunction - Actions by and Against User of Trade Name or Fictitious Name.

Effective:
October 20, 1978
Latest Legislation:
House Bill 297 - 112th General Assembly
(A) The attorney general, upon the request of the secretary of state, shall bring an action for an injunction against any person who violates section 1329.01 or 1329.07 of the Revised Code, and who, after proper notification by the secretary of state, refuses or fails to comply with such section.
(B) No person doing business under a trade name or fictitious name shall commence or maintain an action in the trade name or fictitious name in any court in this state or on account of any contracts made or transactions had in the trade name or fictitious name until it has first complied with section 1329.01 of the Revised Code and, if the person is a partnership, it has complied with section 1777.02 of the Revised Code, but upon compliance, such an action may be commenced or maintained on any contracts and transactions entered into prior to compliance.
(C) An action may be commenced or maintained against the user of a trade name or fictitious name whether or not the name has been registered or reported in compliance with section 1329.01 of the Revised Code.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1329 | Labels and Marks › Section 1329.26 | Manufacture or Sale of Goods Marked Sterling or Sterling Silver.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No person shall make, sell, or offer to sell or dispose of, or have in his possession with intent to sell or dispose of, an article of merchandise marked, stamped, or branded "sterling" or "sterling silver," or encased or enclosed in a box, package, cover, wrapper, or other thing having thereon an engraving or printed label, stamp, imprint, mark, or trade-mark, indicating or denoting that such article is silver, sterling silver, or solid silver, unless nine hundred and twenty-five one-thousandths parts of the metal of which such article is manufactured is pure silver.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1329 | Labels and Marks › Section 1329.27 | Manufacture or Sale of Goods Improperly Marked Coin or Coin Silver.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No person shall make, sell, or offer to sell or dispose of, or have in his possession with intent to sell or dispose of, an article of merchandise marked, stamped, or branded "coin" or "coin silver," or encased or enclosed in a box, package, cover, or wrapper or other thing, having thereon an engraving or printed label, stamp, imprint, mark, or trade-mark, indicating or denoting that such article is coin or coin silver, unless nine hundred one-thousandths parts of the metal of which such article is manufactured is pure silver.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1329 | Labels and Marks › Section 1329.30 | Labeling of Binding Twine.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No dealer, manufacturing corporation, company, or agent, shall sell or offer for sale a ball or parcel of binding twine, commonly employed in binding grain, unless there is attached thereto a tab or label describing the kind of material of which such twine is composed and the weight of such ball or parcel.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1329 | Labels and Marks › Section 1329.31 | Prisoner-Made Goods to Be Branded, Labeled, or Marked.

Effective:
October 6, 1994
Latest Legislation:
House Bill 571 - 120th General Assembly
Goods, wares, and merchandise made by prisoners in a correctional institution in this or any other state and imported, brought, or introduced into this state shall be branded, labeled, or marked as provided in section 1329.32 of the Revised Code before being exposed for sale.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1329 | Labels and Marks › Section 1329.32 | Requirements for Brand, Label or Mark.

Effective:
October 6, 1994
Latest Legislation:
House Bill 571 - 120th General Assembly
(A) The brand, label, or mark required by section 1329.31 of the Revised Code for goods, wares, and merchandise made outside the state of Ohio shall contain at the head or top of the brand, label, or mark "prison made" followed by the year and name of the correctional institution in which it was made, in plain English lettering of the style known as greater primer Roman capitals.
(B) The brand, label, or mark required by section 1329.31 of the Revised Code for goods, wares, and merchandise made within the department of rehabilitation and correction in the training program of the Ohio penal industries for the employment of prisoners shall state "OPI correctional industries."
(C) The brand or mark required by this section shall be placed upon the product if possible or, if branding or marking is impossible, a label shall be placed upon the product. A label shall be placed upon each box or crate in which the goods, wares, and merchandise are packed.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1329 | Labels and Marks › Section 1329.33 | Prohibited Acts.

Effective:
October 6, 1994
Latest Legislation:
House Bill 571 - 120th General Assembly
No person dealing in goods, wares, and merchandise made by prisoners in a correctional institution shall knowingly have them in possession for the purpose of sale or offer them for sale without the brand, label, or mark required by section 1329.31 of the Revised Code or remove, conceal, or deface the brand, mark, or label.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1329 | Labels and Marks › Section 1329.41 | Filing Trade Names, Marks and Devices Definitions.

Effective:
October 1, 1954
Latest Legislation:
Senate Bill 262 - 100th General Assembly
As used in sections 1329.41 to 1329.53, inclusive, of the Revised Code:
(A) "Name, mark, or device" means any word, name, symbol, picture, design or device, or any combination thereof, produced upon, and used by a person to indicate ownership of articles and supplies referred to herein.
(B) "Person" means any individual, firm, partnership, corporation, association or union of workingmen or other organization.
(C) "Produced upon" means branded, stamped, stenciled, engraved, etched, blown, embossed, impressed, embroidered, sewn or otherwise permanently placed upon any articles or supplies referred to herein.
(D) "Articles or supplies" means any item which is designed and intended for re-use in the normal course of trade by the person filing hereunder and includes towels, coats, aprons, toilet devices and accessories therefor supplied for hire or compensation, and vessels, receptacles and utensils used as packages or containers in the sale and distribution of any natural or processed product, compound, mixture, or substance, or any combination thereof, and parts and accessories for such vessels, receptacles and utensils.
(E) For purposes of sections 1329.41 to 1329.53, inclusive, of the Revised Code, a name, mark or device is "used in this state" when it is produced upon the articles or supplies and they are placed in the channels of trade.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1329 | Labels and Marks › Section 1329.42 | Verified Statement May Be Filed in Office of Secretary of State - Expiration, Renewal of Registration.

Effective:
June 30, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
A person who uses in this state a name, mark, or device to indicate ownership of articles or supplies may file in the office of the secretary of state, on a form to be prescribed by the secretary of state, a verified statement setting forth, but not limited to, the following information:
(A) The name and business address of the person filing the statement; and, if a corporation, the state of incorporation;
(B) The nature of the business of the applicant;
(C) The type of articles or supplies in connection with which the name, mark, or device is used.
The statement shall include or be accompanied by a specimen evidencing actual use of the name, mark, or device, together with the filing fee specified in division (U)(1) of section 111.16 of the Revised Code. The registration of a name, mark, or device pursuant to this section is effective for a ten-year period beginning on the date of registration. If an application for renewal is filed within six months prior to the expiration of the ten-year period on a form prescribed by the secretary of state, the registration may be renewed at the end of each ten-year period for an additional ten-year period. The renewal fee specified in division (U)(2) of section 111.16 of the Revised Code shall accompany the application for renewal. The secretary of state shall notify a registrant within the six months next preceding the expiration of ten years from the date of registration of the necessity of renewal by ordinary or electronic mail to the last known physical or electronic mail address of the registrant.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1329 | Labels and Marks › Section 1329.421 | Filing Change of Address With Secretary of State.

Effective:
June 6, 2001
Latest Legislation:
House Bill 94 - 124th General Assembly
The registrant of a name, mark, or device used to indicate ownership shall record all changes of the registrant's business address by filing with the secretary of state a written statement, on a form prescribed by the secretary of state, of the new address. The filing fee specified in division (U)(2) of section 111.16 of the Revised Code shall accompany the statement.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1329 | Labels and Marks › Section 1329.43 | Acceptance of Document for Filing - Certified Copy as Evidence.

Effective:
July 29, 1998
Latest Legislation:
House Bill 579 - 122nd General Assembly
Upon compliance with the requirements of sections 1329.41 to 1329.53 of the Revised Code, the secretary of state shall accept a document for filing and make a copy of the document by microfilm or by any authorized photostatic or digitized process. Evidence of the filing shall be returned to the person filing the document.
A certified copy of any document filed under this section shall be admissible in evidence in any action or judicial proceedings in any court of this state as competent and sufficient proof of the filing pursuant to sections 1329.41 to 1329.53 of the Revised Code, and shall be prima facie evidence of the ownership by the person filing hereunder of all articles and supplies upon which such name, mark, or device is produced.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1329 | Labels and Marks › Section 1329.45 | Certificate of Filing and Benefits to Be Assignable.

Effective:
June 6, 2001
Latest Legislation:
House Bill 94 - 124th General Assembly
The certificate of the filing of any name, mark, or device under sections 1329.41 to 1329.53 of the Revised Code and the benefits obtained under it shall be assignable with the sale of the articles or supplies on which the same are produced and used. Assignments shall be by instruments in writing duly executed and may be recorded upon the payment of the fee specified in division (U)(2) of section 111.16 of the Revised Code, payable to the secretary of state, who, after recording the assignment, upon request of the assignee, may issue in the assignee's name a new certificate. The instrument shall be on a form prescribed by the secretary of state.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1329 | Labels and Marks › Section 1329.46 | Record of Names, Marks or Devices Filed Kept for Public Examination.

Effective:
October 1, 1954
Latest Legislation:
Senate Bill 262 - 100th General Assembly
The secretary of state shall keep for public examination a record of all names, marks or devices filed under sections 1329.41 to 1329.53, inclusive, of the Revised Code.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1329 | Labels and Marks › Section 1329.47 | Cancellation of Registration.

Effective:
July 29, 1998
Latest Legislation:
House Bill 579 - 122nd General Assembly
The secretary of state shall cancel from the register all of the following:
(A) Any registration concerning which the secretary of state receives a voluntary request in writing for the cancellation of the registration from the registrant or the assignee of record;
(B) Any registration granted under sections 1329.41 to 1329.45 of the Revised Code, not renewed in accordance with the provisions of those sections.
(C) Any registration that the secretary of state finds was granted improperly;
(D) Any registration ordered canceled by a court of competent jurisdiction on any ground.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1329 | Labels and Marks › Section 1329.48 | Requiring, Taking, Paying or Accepting of Deposit Not Deemed a Sale.

Effective:
October 1, 1954
Latest Legislation:
Senate Bill 262 - 100th General Assembly
The requiring, taking, paying or accepting of any deposit for any purpose upon any articles or supplies shall not be deemed to constitute a sale of such property, either optional or otherwise, for purposes of sections 1329.41 to 1329.53, inclusive, of the Revised Code.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1329 | Labels and Marks › Section 1329.49 | Filling or Re-Filling of Receptacle - Removal of Identity.

Effective:
October 1, 1954
Latest Legislation:
Senate Bill 262 - 100th General Assembly
No person shall use, give, buy, take, destroy, sell or otherwise dispose of, or traffic in, articles or supplies, fill or re-fill any vessel, receptacle or utensil upon which a name, mark, or device filed hereunder is produced, or refuse to return such articles or supplies on demand of the owner, or to deface, erase, obliterate, cover up or otherwise remove or conceal any such name, mark or device, unless consent of the owner is obtained or unless the articles or supplies shall have been purchased from the said owner.
Last updated February 15, 2022 at 2:05 PM
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1329 | Labels and Marks › Section 1329.50 | Possession by Junk or Secondhand Dealer as Presumptive Evidence of Violation.

Effective:
October 1, 1954
Latest Legislation:
Senate Bill 262 - 100th General Assembly
The possession by any junk dealer or dealer in second-hand articles or supplies, without the written consent of the person who filed hereunder or his assignee, of any articles or supplies upon which a name, mark or device has been produced shall be presumptive evidence of a violation of sections 1329.41 to 1329.53, inclusive, of the Revised Code.