reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 919 | Horse Meat › Section 919.06 | Detention Tag - Order for Condemnation - Supervision.

Effective:
June 20, 1994
Latest Legislation:
Senate Bill 134 - 120th General Assembly
Whenever the director of agriculture finds or has reasonable cause to believe that any horse carcass, horse meat, or any horse meat food product, being sold or exposed for sale at retail for human consumption, is unfit for human food, is misbranded, or is unbranded, or that any horse meat food product is adulterated, within the meaning of this chapter or rules adopted pursuant thereto, he shall affix to the product a detention tag giving notice that the carcass, meat, or product is, or is suspected of being, unfit for human food, or is misbranded, unbranded, or adulterated, and has been detained. The detention tag shall warn all persons not to dispose of the carcass, meat, or product in any manner or to remove the carcass, meat, or product from the premises where detained until permission is given to do so in writing by the director or by court order. If the detained carcass, meat, or product is found, after examination and analysis by the director, to be unfit for human food or to be misbranded, unbranded, or adulterated, the director shall petition the judge of any court having jurisdiction for an order for condemnation. If the director finds upon examination and analysis that the detained article is fit for human food, is not misbranded, or is not adulterated, he shall remove the detention tag. If the court finds that the detained carcass, meat, or product is unfit for human food, or is misbranded or adulterated, the carcass, meat, or product, after entry of the decree, shall be destroyed under supervision of the director at the expense of the defendant, and all court costs and fees, storage, transportation, handling, and other expenses in connection with the proceedings shall be levied against the defendant or his agent. When the misbranding, absence of branding, or adulteration can be corrected by proper processing, labeling, or branding, by processing any horse carcass or horse meat, or by reprocessing any horse meat food product, which is unfit for human consumption, into feed for animals other than man, tankage, fertilizers, soap, or other nonedible commodities, the court, after entry of the decree and payment of the costs, fees, and expenses, and the posting of a sufficient bond guaranteeing that the detained product shall be so processed, reprocessed, labeled, or branded, may order that custody of the detained carcass, meat, or product be delivered to the defendant for such reprocessing, labeling, or branding, under supervision of the director. The expense of such supervision shall be paid by the defendant. The bond shall be returned to the defendant on representation to the court by the director that the carcass, meat, or product involved is no longer in violation of this chapter or rules adopted pursuant thereto, and that all expenses incidental to the action have been paid by the defendant.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 919 | Horse Meat › Section 919.07 | Sign to Be Displayed by Establishment.

Effective:
January 9, 1961
Latest Legislation:
House Bill 1 - 104th General Assembly
No proprietor, manager, or person in charge of a meat market, hotel, restaurant, lunchroom, cafeteria, or eating house, industrial, fraternal, educational, or otherwise, in which meals are served to the public, shall therein sell, serve, or use in cooking for consumption by the public, on or off the premises, horse meat or horse meat food products, without posting a sign in a conspicuous place, which shall be white and not less than twelve by eighteen inches in size, upon which shall be printed in plain black Roman letters, "Horse Meat Sold Here" or "Horse Meat Served Here," whichever is applicable.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 919 | Horse Meat › Section 919.08 | Suspension or Revocation of License Because of Unsanitary Conditions.

Effective:
June 20, 1994
Latest Legislation:
Senate Bill 134 - 120th General Assembly
Any establishment or place where horse meat or horse meat food products are processed, handled, transported, sold, exposed, or offered for sale at retail for human food shall be maintained and operated in a sanitary manner to prevent contamination of the food commodities that might render them unfit for human consumption. If such an establishment is maintained or operated in an unsanitary manner that causes or permits contamination of the food commodities, rendering them unfit for human consumption, the person responsible for the maintenance or operation violates this chapter or rules adopted pursuant thereto, and his license to operate the establishment may be suspended or revoked as provided in this chapter. The period of suspension of a license to operate any horse meat or horse meat food processing establishment that is caused by violation of the sanitary provisions of this chapter or rules adopted pursuant thereto, relating either to the unsanitary condition of the establishment or to the unsanitary condition of any horse carcass, horse meat, or horse meat food product processed therein, shall be contingent upon the correction by the licensee of the causes for the suspension.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 919 | Horse Meat › Section 919.09 | Investigations - Examination of Samples.

Effective:
June 20, 1994
Latest Legislation:
Senate Bill 134 - 120th General Assembly
The director of agriculture shall make all necessary investigations pertinent to enforcement of this chapter, and for that purpose shall have access at all reasonable hours to any building, room, vehicle, ship, or other premises in which any horse carcass, horse meat, or horse meat food product is processed, packed, transported, sold, exposed, or offered for sale at retail. No person shall deny access to the director or hinder, thwart, or defeat any investigation by misrepresentation or concealment of facts or conditions.
The director may secure samples or specimens of any horse carcass, horse meat, or horse meat food product upon paying or offering to pay therefor and shall make an examination or an analysis of the sample in order to determine whether there has been or exists any violation of this chapter or rules adopted pursuant thereto.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 919 | Horse Meat › Section 919.10 | Adulteration - Definition.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Any horse meat food product is adulterated if it includes any ingredient which is foreign to or in excess of standards prescribed for the product in regulations promulgated by the director of agriculture; any artificial coloring, flavoring, chemicals, or preservatives not approved in regulations promulgated by the director; any meat of other animals; or any substance unfit for human food or dangerous to human health.
The director may seize and destroy, without compensation to the owner, any unlawful ingredient, chemical, preservative, or product to which any unlawful ingredient has been added.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 919 | Horse Meat › Section 919.11 | Prohibitions - Labeling of Horse Meat Fed to Animals.

Effective:
July 26, 1963
Latest Legislation:
House Bill 304 - 105th General Assembly
No person shall mix horse meat with the parts of any other animal, sell, offer, or expose for sale any such mixture for human consumption within this state.
No person shall sell for human consumption the tongue, diaphragm, heart, esophagus, lips, ears, or glands of a horse, nor shall these parts of a horse be included in a horse meat food product intended for human consumption.
Any horse carcass, horse meat, or horse meat food product sold, offered, or exposed for sale, which is unlabeled as to use or is labeled as pet or animal food, shall be decharacterized with charcoal or green food dye. Suggestive pictures or designs on the label shall be considered as indicative of the use of the product. However, any horse meat or horse meat food product whose label bears an approved inspection stamp, or which is packed in hermetically sealed, retort processed, conventional retail sized container, is labeled as pet or animal food, and is licensed under sections 923.41 to 923.55, inclusive, and 923.99 of the Revised Code, need not be decharacterized.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 919 | Horse Meat › Section 919.12 | Records of Sales.

Effective:
June 20, 1994
Latest Legislation:
Senate Bill 134 - 120th General Assembly
Any person who sells at retail any horse carcass or horse meat for human consumption in a lot exceeding five pounds in weight in any one day to any individual shall make and keep for one year from the date of sale a record of each sale including the date of sale, the name and address of the purchaser, and the quantity sold. All such records shall be open for inspection by the director of agriculture during any regular business hours.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 919 | Horse Meat › Section 919.13 | Exemption of Persons Subject to Other Inspection Service.

Effective:
June 20, 1994
Latest Legislation:
Senate Bill 134 - 120th General Assembly
No person responsible for the operation of any establishment is subject to this chapter or rules adopted pursuant thereto, if he operates the establishment under the jurisdiction of the federal inspection service, a district health department inspection service, or a municipal inspection service that has been approved by the director of agriculture and has been designated as an exempted inspection service.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 919 | Horse Meat › Section 919.14 | Application for Exempted Inspection Service Status.

Effective:
October 2, 1953
Latest Legislation:
House Bill 281 - 100th General Assembly
The responsible head of any federal inspection service, district health department inspection service, or municipal inspection service may make application annually to the director of agriculture for designation of the organization which he represents as being qualified for an exempted inspection service status if he furnishes all pertinent information required by the director. If the director determines that the applicant for such exempted inspection service status represents an organization which operates under authority and maintains an inspection service equal to or more rigid than required by sections 919.01 to 919.20, inclusive, of the Revised Code, or in regulations pursuant thereto, in respect to labeling, stamping, sanitation, wholesomeness, adulteration, standards, and sales record keeping, such organization shall be so designated. Such approval shall be valid to and including the thirtieth day of June following date of designation.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 919 | Horse Meat › Section 919.15 | Administrative Rules.

Effective:
June 20, 1994
Latest Legislation:
Senate Bill 134 - 120th General Assembly
The director of agriculture shall enforce this chapter and, subject to the provisions of Chapter 119. of the Revised Code, may adopt such reasonable rules pertaining to commodity labeling, sanitary standards for the processing of horse meat, or the sanitary condition and wholesomeness of horse meat food products intended for human consumption, or otherwise, as are considered necessary to carry this chapter into full effect.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 919 | Horse Meat › Section 919.16 | Possession as Evidence of Sale - Exception.

Effective:
October 2, 1953
Latest Legislation:
House Bill 281 - 100th General Assembly
Possession by any person of any horse carcass, dressed horse meat, or any horse meat food product constitutes prima-facie evidence that such commodity is for sale; provided, that this section does not apply to any person who has purchased dressed horse meat or horse meat food products for his personal consumption.
Last updated April 22, 2022 at 11:53 AM
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 919 | Horse Meat › Section 919.17 | Prosecution Proceedings.

Effective:
November 1, 1977
Latest Legislation:
House Bill 219 - 112th General Assembly
The attorney general or the prosecuting attorney or city director of law to whom the director of agriculture reports any violation of sections 919.01 to 919.20 of the Revised Code, shall institute prosecution proceedings in any court of competent jurisdiction in which the defendant resides, where his licensed place of business is located, or where the violation occurs.
This section does not require the director to report any information concerning a suspected violation for prosecution whenever the director believes the public interest will be served adequately by a notice of warning.
In prosecutions arising incidental to the enforcement of such sections, neither the director nor any of his authorized assistants, deputies, or agents, shall be required to advance or secure costs.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 919 | Horse Meat › Section 919.18 | Co-Operation With Federal Food and Drug Administration.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The director of agriculture may act in conjunction with the federal food and drug administration in the regulation of the movement and sale of any horse carcass, horse meat, or horse meat food product intended for human food which may affect the health and welfare of this state.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 919 | Horse Meat › Section 919.19 | Moneys Collected Credited to General Revenue Fund.

Effective:
October 2, 1953
Latest Legislation:
House Bill 281 - 100th General Assembly
All registration fees collected under sections 919.01 to 919.18, inclusive, of the Revised Code, shall be paid to the director of agriculture and deposited by him with the treasurer of state to the credit of the general revenue fund.
Fifty per cent of all fines collected for violations of sections 919.01 to 919.18, inclusive, and section 919.20, of the Revised Code, shall be paid to the treasurer of state to the credit of the general revenue fund. The remaining fifty per cent of such fines shall be paid into the general revenue fund of the political subdivision in which they were assessed.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 919 | Horse Meat › Section 919.20 | Refrigeration With Other Foods.

Effective:
October 2, 1953
Latest Legislation:
House Bill 281 - 100th General Assembly
No proprietor of a market shall place horse meat or a horse meat food product, which is intended as a pet or animal food, in a refrigerated compartment with food for human consumption.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 919 | Horse Meat › Section 919.21 | Effect of Child Support Default on License.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
On receipt of a notice pursuant to section 3123.43 of the Revised Code, the director of agriculture shall comply with sections 3123.41 to 3123.50 of the Revised Code and any applicable rules adopted under section 3123.63 of the Revised Code with respect to a license issued pursuant to this chapter.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 919 | Horse Meat › Section 919.99 | Penalty.

Effective:
June 20, 1994
Latest Legislation:
Senate Bill 134 - 120th General Assembly
Whoever violates sections 919.01 to 919.20 of the Revised Code is guilty of a misdemeanor of the first degree.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 921 | Pesticides › Section 921.03 | Experimental Use Permits.

Effective:
September 1, 1976
Latest Legislation:
House Bill 1015 - 111th General Assembly
Provided the state is authorized by the administrator of the United States environmental protection agency to issue experimental use permits, the director of agriculture may:
(A) Issue an experimental use permit to any applicant if he determines that such a permit is necessary in order to accumulate information necessary to register a pesticide;
(B) Refuse to issue an experimental permit if he determines that the pesticide applications, to be made under the proposed terms and conditions, may cause unreasonable adverse effects on the environment;
(C) Prescribe terms, conditions, and period of time for the experimental use permit which shall be under the supervision of the director;
(D) Revoke any experimental use permit, at any time, if he finds that its terms or conditions are being violated, or that its terms and conditions are inadequate to avoid unreasonable adverse effects on the environment.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 921 | Pesticides › Section 921.04 | Protection of Trade Secrets or Commercial or Financial Information.

Effective:
September 1, 1976
Latest Legislation:
House Bill 1015 - 111th General Assembly
(A) In submitting data required for product registration under this chapter, the applicant may:
(1) Clearly mark any portions thereof which in his opinion are trade secrets or commercial or financial information;
(2) Submit such marked material separately from other material required to be submitted under this chapter.
(B) Notwithstanding any other provision of this chapter, the director of agriculture shall not make public privileged or confidential information which in his judgment contains or relates to trade secrets or commercial or financial information obtained from a person, except that, when necessary to carry out the provisions of this chapter, information relating to formulae of products acquired by authorization of this chapter may be revealed to any state or federal agency consulted.
(C) If the director proposes to release for inspection information which the applicant or registrant believes to be protected from disclosure under division (B) of this section, he shall notify the applicant or registrant, in writing, by certified mail. The director shall not thereafter make available for inspection such data until thirty days after receipt of the notice by the applicant or registrant. During this period, the applicant or registrant may institute an action in an appropriate court for a declaratory judgment as to whether such information is subject to protection under division (B) of this section.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 921 | Pesticides › Section 921.05 | Refusal, Cancellation or Suspension of Registration.

Effective:
September 1, 1976
Latest Legislation:
House Bill 1015 - 111th General Assembly
(A) If it appears to the director of agriculture that:
(1) The pesticide does not warrant the proposed claims for it or if the pesticide and its labeling and other material required to be submitted do not comply with this chapter or rules adopted thereunder, he shall notify the applicant of the manner in which the pesticide, labeling, or other material required to be submitted fails to comply with this chapter so as to afford the applicant an opportunity to make the necessary corrections. If, upon receipt of such notice, the applicant does not make the required changes, the director may refuse to register the pesticide. The applicant may request an adjudication hearing as provided for in Chapter 119. of the Revised Code.
(2) A pesticide or its labeling does not comply with this chapter or the rules adopted thereunder, he may cancel the registration of a pesticide after a hearing in accordance with Chapter 119. of the Revised Code.
(B) When the director determines that there is an imminent hazard to the public or environment, he may, on his own order, suspend the registration of a pesticide and thereafter provide for a hearing in compliance with Chapter 119. of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 921 | Pesticides › Section 921.10 | Effective Liability Insurance Policy or Other Evidence of Financial Responsibility.

Effective:
July 1, 2004
Latest Legislation:
Senate Bill 217 - 124th General Assembly
(A) The director of agriculture shall not issue a pesticide business license until the applicant has submitted to the director an effective liability insurance policy or such other evidence of financial responsibility as the director determines necessary. The director shall establish by rule, in accordance with Chapter 119. of the Revised Code, the amount and condition of such liability insurance or other evidence of financial responsibility required. Such requirements shall be based upon the pesticide-use categories in which commercial applicators are licensed to apply pesticides for the pesticide business.
(B) Should the evidence of financial responsibility furnished become unsatisfactory, the pesticide business shall upon notice immediately execute evidence of financial responsibility meeting the requirements of this section or applicable rules, and should the pesticide business fail to do so, the director shall suspend the pesticide business's license and give the business notice of such suspension.
(C) The licensee to whom a suspension order is issued shall be afforded a hearing in accordance with Chapter 119. of the Revised Code, after which the director shall reinstate or revoke the suspended license.
(D) Nothing in this chapter shall be construed to relieve any person from liability for any damage to the person or lands of another caused by the use of pesticides even though such use conforms to the rules.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 921 | Pesticides › Section 921.11 | Applying Restricted Use Pesticides.

Effective:
December 29, 2023
Latest Legislation:
Senate Bill 131 - 134th General Assembly
(A)(1) No individual shall apply restricted use pesticides unless the individual is one of the following:
(a) Licensed under section 921.06 of the Revised Code;
(b) Licensed under division (B) of this section;
(c) A trained serviceperson who is acting under the direct supervision of a commercial applicator;
(d) An immediate family member or a subordinate employee of a private applicator who is acting under the direct supervision of that private applicator.
(2) No individual shall directly supervise the application of a restricted use pesticide unless the individual is one of the following:
(a) Licensed under section 921.06 of the Revised Code;
(b) Licensed under division (B) of this section.
(B)(1) Subject to division (B)(2) of this section, the director of agriculture shall adopt rules to establish standards and procedures for the licensure of private applicators. An individual shall apply for a private applicator license to the director, on forms prescribed by the director. The individual shall include in the application the pesticide-use category or categories of the license for which the individual is applying and any other information that the director determines is essential to the administration of this chapter. The fee for each license shall be established by rule. Licenses shall be issued for a period of time established by rule and shall be renewed in accordance with deadlines established by rule. If a license is not issued or renewed, the state shall retain any fee submitted as payment for reasonable expenses of processing the application.
(2) The director shall issue a private applicator license in accordance with Chapter 4796. of the Revised Code to an individual if either of the following applies:
(a) The individual holds a private applicator license in another state.
(b) The individual has satisfactory work experience, a government certification, or a private certification as described in that chapter as a private applicator in a state that does not issue that license.
A license issued under this division shall be limited to the pesticide-use category or categories for which the applicant is licensed in another state or has satisfactory work experience, a government certification, or a private certification in that state.
(C) An individual who is licensed under this section shall use or directly supervise the use of a restricted use pesticide only for the purpose of producing agricultural commodities on property that is owned or rented by the individual or the individual's employer.
(D) All money collected under this section shall be credited to the pesticide, fertilizer, and lime program fund created in section 921.22 of the Revised Code.
Last updated December 29, 2023 at 7:30 AM
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 921 | Pesticides › Section 921.13 | Pesticide Dealer License.

Effective:
July 17, 2009
Latest Legislation:
House Bill 1 - 128th General Assembly
(A) Any person who is acting in the capacity of a pesticide dealer or who advertises or assumes to act as a pesticide dealer at any time shall obtain a pesticide dealer license from the director of agriculture. Licenses shall be issued for a period of time established by rule and shall be renewed in accordance with deadlines established by rule. A license is required for each location or outlet within this state from which the person distributes pesticides.
Any pesticide dealer who has no pesticide dealer outlets in this state and who distributes restricted use pesticides directly into this state shall obtain a pesticide dealer license from the director for the pesticide dealer's principal out-of-state location or outlet and for each sales person operating in the state.
The applicant shall include a license fee established by rule with the application for a license. The application shall be made on a form prescribed by the director.
Each pesticide dealer shall submit records to the director of all of the restricted use pesticides the pesticide dealer has distributed, as specified by the director, and duplicate records shall be retained by the pesticide dealer for a period of time established by rules.
(B) This section does not apply to any federal, state, county, or municipal agency that provides pesticides for its own programs.
(C) Each licensed pesticide dealer is responsible for the acts of each employee in the solicitation and sale of pesticides and all claims and recommendations for use of pesticides. The pesticide dealer's license is subject to denial, suspension, or revocation after a hearing for any violation of this chapter whether committed by the pesticide dealer or by the pesticide dealer's officer, agent, or employee.
(D) All money collected under this section shall be credited to the pesticide, fertilizer, and lime program fund created in section 921.22 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 921 | Pesticides › Section 921.14 | Records.

Effective:
July 1, 2004
Latest Legislation:
Senate Bill 217 - 124th General Assembly
(A) Each commercial applicator shall keep a record of both of the following:
(1) All diagnostic inspections conducted to determine infestations of pests as required by rules adopted under division (C) of section 921.16 of the Revised Code;
(2) All pesticide applications made by the applicator and by any trained serviceperson acting under the applicator's direct supervision as required by rules adopted under division (C) of section 921.16 of the Revised Code.
Each commercial applicator shall submit copies of the records required under division (A) of this section to the pesticide business, other business, state agency, or political subdivision that employs the commercial applicator.
(B) Each pesticide business, other business, state agency, or political subdivision that receives copies of records under division (A) of this section shall retain them for a period of time established by rule.
(C) Each private applicator shall keep a record of all restricted use pesticide applications made by the applicator or under the applicator's direct supervision as required by rules adopted under division (C) of section 921.16 of the Revised Code. In addition, each private applicator shall maintain the record for a period of three years from the date of the restricted use pesticide application to which that record refers or for any longer period that the director of agriculture determines necessary.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 921 | Pesticides › Section 921.15 | Pesticides Having Unreasonable Adverse Effects on Environment Prohibited.

Effective:
September 1, 1976
Latest Legislation:
House Bill 1015 - 111th General Assembly
No person shall transport, store, dispose of, display, or distribute any pesticide or pesticide container in such a manner as to have unreasonable adverse effects on the environment. The director of agriculture may adopt and enforce rules in accordance with this section and Chapter 119. of the Revised Code governing the disposal and storage of such pesticide or pesticide containers. Such rules shall be in conformity with the guidelines and rules established by the Ohio environmental protection agency.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 921 | Pesticides › Section 921.17 | Director May Delegate Authority.

Effective:
July 27, 1990
Latest Legislation:
House Bill 571 - 118th General Assembly
All authority vested in the director of agriculture by virtue of sections 921.01 to 921.29 of the Revised Code may with like force and effect be executed by such employees of the department of agriculture as the director may designate for said purpose.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 921 | Pesticides › Section 921.19 | Government Use of Pesticides.

Effective:
July 1, 2004
Latest Legislation:
Senate Bill 217 - 124th General Assembly
Every state agency, municipal corporation, and other governmental agency and political subdivision is subject to this chapter and the rules adopted thereunder with respect to the application, handling, and use of pesticides.
Each state agency, municipal corporation, and other governmental agency and political subdivision is responsible for the acts of each of its employees in the application, handling, and use of pesticides.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 921 | Pesticides › Section 921.21 | Director May Cooperate With Federal and State Agencies - Agreements.

Effective:
July 27, 1990
Latest Legislation:
House Bill 571 - 118th General Assembly
The director of agriculture may cooperate with, and enter into cooperative agreements with any official agency of the federal government, of this state or its subdivisions, or with any agency of another state and may enter into and receive grants-in-aid from them for the purpose of carrying out sections 921.01 to 921.29 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 921 | Pesticides › Section 921.22 | Pesticide Program Fund.

Effective:
July 17, 2009
Latest Legislation:
House Bill 1 - 128th General Assembly
The pesticide, fertilizer, and lime program fund is hereby created in the state treasury. The fund shall consist of money credited to it under this chapter and Chapter 905. of the Revised Code and rules adopted under them and all fines, penalties, costs, and damages, except court costs, that are collected by either the director of agriculture or the attorney general in consequence of any violation of those chapters or rules adopted under them. The director shall use money in the fund to administer and enforce those chapters and rules adopted under them.
The director shall keep accurate records of all receipts into and disbursements from the fund and shall prepare, and provide upon request, an annual report classifying the receipts and disbursements that pertain to pesticides, fertilizers, or lime.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 921 | Pesticides › Section 921.23 | Disciplinary Actions.

Effective:
October 9, 2021
Latest Legislation:
House Bill 263 - 133rd General Assembly
(A) Except as provided in division (B) of this section, the director of agriculture may suspend, prior to a hearing, for not longer than ten days, and after the opportunity for a hearing may deny, suspend, revoke, refuse to renew, or modify any provision of any license, permit, or registration issued pursuant to this chapter if the director finds that the applicant or the holder of a license, permit, or registration is no longer qualified, has violated any provision of this chapter or rules adopted under it, has been found guilty of violating the federal act, or has been convicted of a misdemeanor involving moral turpitude or of a felony.
(B) The director shall not deny a license, permit, or registration issued pursuant to this chapter because an applicant was convicted of or pleaded guilty to an offense unless the refusal is in accordance with section 9.79 of the Revised Code.
Last updated October 9, 2021 at 5:21 AM
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 921 | Pesticides › Section 921.27 | Seizing Illegal Pesticides.

Effective:
July 17, 2009
Latest Legislation:
House Bill 1 - 128th General Assembly
(A) If the director of agriculture has reasonable cause to believe that a pesticide or device is being distributed, stored, transported, or used in violation of this chapter or of any rules, it shall be subject to seizure on complaint of the director to a court of competent jurisdiction in the locality in which the pesticide or device is located.
(B) If the article is condemned, it shall, after entry or decree, be disposed of by destruction or sale as the court may direct and the proceeds, if the article is sold, less legal costs, shall be paid to the pesticide, fertilizer, and lime program fund created in section 921.22 of the Revised Code. The article shall not be sold contrary to this section. Upon payment of costs and execution and delivery of a good and sufficient bond conditioned that the article shall not be disposed of unlawfully, the court may direct that the article be delivered to the owner thereof for relabeling or reprocessing.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 921 | Pesticides › Section 921.28 | Statement of Alleged Damages.

Effective:
June 20, 1994
Latest Legislation:
Senate Bill 134 - 120th General Assembly
A person who claims damages from a pesticide application shall notify the director of agriculture and the pesticide applicator by submitting an oral or written statement of alleged damages. The statement shall contain all of the following:
(A) The name of the person responsible for the application of the pesticide;
(B) The name of the owner or operator of the land on which the crop is grown and for which damages are claimed;
(C) The date on which the alleged damage occurred;
(D) Such other information the director requires.
Upon receipt of the statement, the director may institute proceedings in accordance with sections 921.01 to 921.29 of the Revised Code and the rules he adopts thereunder.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 921 | Pesticides › Section 921.29 | Fines, Penalties, Costs, and Damages Are Lien of State.

Effective:
July 17, 2009
Latest Legislation:
House Bill 1 - 128th General Assembly
Fines, penalties, costs, and damages assessed against a person in consequence of violations of this chapter, as provided in this chapter or any other section of the Revised Code, shall be a lien in favor of the state upon the real and personal property of the person, upon the filing of a judgment or an order of the director of agriculture with the county in which the real and personal property is located. The real and personal property of the person shall be liable to execution for the fines, penalties, costs, and damages by the attorney general, who shall deposit any proceeds from an execution upon the property in the pesticide, fertilizer, and lime program fund created in section 921.22 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 921 | Pesticides › Section 921.30 | Discretion of Director.

Effective:
July 1, 2004
Latest Legislation:
Senate Bill 217 - 124th General Assembly
Nothing in this chapter or any rule adopted under it shall be construed to require the director of agriculture to report any findings to the appropriate prosecuting authority for proceedings in prosecution of, or issue any order or institute any enforcement procedure for, a violation of this chapter or a rule adopted under it whenever the director believes that the public interest will be best served by a suitable written notice of warning. A person who receives a written notice of warning may respond in writing to the notice.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 921 | Pesticides › Section 921.31 | Child Support Default.

Effective:
July 1, 2004
Latest Legislation:
Senate Bill 217 - 124th General Assembly
On receipt of a notice pursuant to section 3123.43 of the Revised Code, the director of agriculture shall comply with sections 3123.41 to 3123.50 of the Revised Code and any applicable rules adopted under section 3123.63 of the Revised Code with respect to a license, registration, or permit issued pursuant to this chapter.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 921 | Pesticides › Section 921.99 | Penalty.

Effective:
July 1, 2004
Latest Legislation:
Senate Bill 217 - 124th General Assembly
(A) Whoever violates this chapter or rules adopted under it, except division (G) or (P) of section 921.24 of the Revised Code, is guilty of a misdemeanor of the second degree on a first offense and a misdemeanor of the first degree on a subsequent offense.
(B) Whoever violates division (G) or (P) of section 921.24 of the Revised Code is guilty of a misdemeanor of the first degree on a first offense and a felony of the fourth degree on each subsequent offense.
(C) No recovery of damages shall be allowed from administrative action taken or for "stop sale, use, or removal" if the court finds that there was probable cause for that action.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 923 | Livestock Feeds › Section 923.411 | Rules Regarding Exemption of Agricultural Commodities and Certain Chemical Compounds.

Effective:
October 17, 2011
Latest Legislation:
House Bill 229 - 129th General Assembly
The director of agriculture may adopt rules in accordance with Chapter 119. of the Revised Code to exempt both of the following from sections 923.41 to 923.55 of the Revised Code:
(A) Agricultural commodities, including hay, straw, stover, silage, cobs, husks, and hulls, when those commodities are not mixed with other materials;
(B) Individual chemical compounds or substances when those compounds or substances are not mixed with other materials.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 923 | Livestock Feeds › Section 923.42 | Registration.

Effective:
July 27, 1990
Latest Legislation:
House Bill 571 - 118th General Assembly
(A) No person who manufactures commercial feed or customer-formula feed, or whose name appears on the label of any commercial feed or customer-formula feed as a distributor shall distribute in this state any type of commercial feed unless he is registered with the director of agriculture on a form provided by the director that identifies the manufacturer's or distributor's name, place of business, and location of each manufacturing facility in this state.
(B) The director shall assign to each manufacturer or distributor registered under division (A) of this section a permanent registration number.
(C) The director may revoke or suspend a registration or refuse to register a person upon a finding that the manufacturer, distributor, or person violated any provision of sections 923.41 to 923.55 of the Revised Code or any rule adopted under those sections.
No registration shall be revoked, suspended, or refused until the manufacturer, distributor, or person has an opportunity to appear at an adjudication hearing conducted in accordance with Chapter 119. of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 923 | Livestock Feeds › Section 923.43 | Label Information.

Effective:
July 27, 1990
Latest Legislation:
House Bill 571 - 118th General Assembly
(A) Except as otherwise provided in division (B) of this section for a customer-formula feed, a commercial feed distributed in this state shall be labeled with the following information:
(1) Net weight of contents, which may be stated in metric units in addition to avoirdupois weight;
(2) Product name, and brand name if any, under which the feed is distributed;
(3) Name and principal address of the manufacturer or distributor;
(4) Guaranteed analysis of the feed stated in terms that the director of agriculture, by rule, determines are required to advise the user of the composition of the feed or to support claims made in the labeling. In all cases, the substances or elements shall be determinable by laboratory methods published by the association of official analytical chemists.
(5) Common name of each ingredient used in the manufacture of the feed. The director, by rule, may permit the use of a collective term for a group of ingredients all of which perform the same function or eliminate the listing of feed ingredients when it no longer serves a useful purpose.
(6) Directions for the safe and effective use of any feed that contains any drug and for any other feed that the director, by rule, determines to require such directions;
(7) Any precautionary statements that the director, by rule, determines are necessary for the safe and effective use of the feed.
(B) A customer-formula feed distributed in this state shall be labeled with the following information:
(1) Name and principal address of the manufacturer;
(2) Name and address of the purchaser;
(3) Date of delivery;
(4) Product name, and brand name if any, of each commercial feed and all other ingredients used in the mixture;
(5) Net weight of each commercial feed used and of any other feed ingredient used;
(6) Directions for the safe and effective use of any customer-formula feed that contains any drug and for any other customer-formula feed that the director, by rule, determines to require such directions;
(7) If a drug-containing product is used, a statement of the purpose of the drug, the established name of each active drug ingredient, and the amount of each drug used in the final mixture;
(8) Any precautionary statements that the director, by rule, determines are necessary for the safe and effective use of the customer-formula feed.
(C) Upon the request of the director, each manufacturer or distributor shall furnish the director with the label for any commercial feed he distributes in this state.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 923 | Livestock Feeds › Section 923.44 | Inspection Fees - Reports of Tonnage.

Effective:
July 17, 2009
Latest Legislation:
House Bill 1 - 128th General Assembly
(A)(1) Except as otherwise provided in divisions (A)(2), (3), and (4) of this section, the first distributor of a commercial feed shall pay the director of agriculture a semiannual inspection fee at the rate of twenty-five cents per ton, with a minimum payment of twenty-five dollars, on all commercial feeds distributed by the first distributor in this state.
(2) The semiannual inspection fee required under division (A)(1) of this section shall not be paid by the first distributor of a commercial feed if the distribution is made to an exempt buyer who shall be responsible for the fee. The director shall establish an exempt list consisting of those buyers who are responsible for the fee.
(3) The semiannual inspection fee shall not be paid on a commercial feed if the fee has been paid by a previous distributor.
(4) The semiannual inspection fee shall not be paid on customer-formula feed if the fee has been paid on the commercial feeds that are used as components in that customer-formula feed.
(B) Each distributor or exempt buyer who is required to pay a fee under division (A)(1) or (2) of this section shall file a semiannual statement with the director that includes the number of net tons of commercial feed distributed by the distributor or exempt buyer in this state, within thirty days after the thirtieth day of June and within thirty days after the thirty-first day of December, respectively, of each calendar year.
The inspection fee at the rate stated in division (A)(1) of this section shall accompany the statement. For a tonnage report that is not filed or payment of inspection fees that is not made within fifteen days after the due date, a penalty of ten per cent of the amount due, with a minimum penalty of fifty dollars shall be assessed against the distributor or exempt buyer. The amount of fees due, plus penalty, shall constitute a debt and become the basis of a judgment against the distributor or exempt buyer.
(C) No information furnished under this section shall be disclosed by an employee of the department of agriculture in such a way as to divulge the operation of any person required to make such a report.
(D) All money collected under this section shall be credited to the commercial feed and seed fund created in section 923.46 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 923 | Livestock Feeds › Section 923.45 | Publication of Information.

Effective:
June 30, 2005
Latest Legislation:
House Bill 66 - 126th General Assembly
The director of agriculture may publish annually in such form as the director considers proper:
(A) Information concerning the sale of commercial feed, including any production and use data the director considers advisable, provided that the data does not disclose the operation of any manufacturer or distributor;
(B) A comparison of the analyses of official samples of commercial feeds distributed in this state with the guaranteed analyses on the label.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 923 | Livestock Feeds › Section 923.46 | Moneys Collected Credited to Commercial Feed, Fertilizer, and Lime Inspection and Laboratory Fund.

Effective:
July 17, 2009
Latest Legislation:
House Bill 1 - 128th General Assembly
The commercial feed and seed fund is hereby created in the state treasury. The fund shall consist of money credited to it under this chapter and Chapter 907. of the Revised Code.
The director shall keep accurate records of all receipts into and disbursements from the fund and shall prepare, and provide upon request, an annual report classifying the receipts and disbursements that pertain to commercial feed or seed.