reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 926 | Agricultural Commodity Handlers › Section 926.102 | 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, certificate, or permit issued pursuant to this chapter.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 926 | Agricultural Commodity Handlers › Section 926.12 | License Posting.

Effective:
July 1, 1983
Latest Legislation:
House Bill 770 - 114th General Assembly
Each licensed agricultural commodity handler shall keep posted in a location at his facility where it shall be accessible for observation and reading by persons marketing agricultural commodities:
(A) His license as an agricultural commodity handler;
(B) The certificates of persons who are certified under section 926.30 of the Revised Code as testers of agricultural commodities delivered to the handler.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 926 | Agricultural Commodity Handlers › Section 926.13 | Licensed Handler Duties.

Effective:
July 27, 1990
Latest Legislation:
House Bill 571 - 118th General Assembly
(A) As used in this section, "licensed handler" includes a receiver, trustee, or other custodian of agricultural commodities appointed for a licensed handler by a court of this state or the United States.
(B) Each licensed handler shall at all times, including any period of suspension of his license, exercise the care in regard to the agricultural commodities in his custody as a bailee as a reasonably prudent owner would exercise under the same circumstances and conditions. Any licensed handler guilty of any action or neglect, the effect of which is to depreciate the value of commodities stored under bailment agreements in a warehouse under his control, shall be liable to the depositor damaged by his action or neglect. Nothing in divisions (B) and (C) of this section shall be construed to indicate otherwise.
(C) If a licensed handler discovers that any agricultural commodity stored in his warehouse, other than an identity-preserved commodity in a special bin as described in division (E) of section 926.22 of the Revised Code, is out of condition or is in danger of becoming so, and if he is unable to preserve the commodity, he shall immediately so notify the owner of the commodity, if known, and the director of agriculture. The director, unless otherwise requested by the owner of the commodity, shall cause an inspection to be made of the commodity. If his inspection reveals that the commodity is out of condition or is becoming so, and if the owner of the commodity fails promptly to remove it, the handler may sell the commodity upon giving the same notice of sale as required under section 926.26 of the Revised Code for the sale of a commodity to satisfy a lien. The commodity may be sold at either public or private sale without advertising if, in the opinion of the director, the commodity should be sold without delay and the director gives the handler written authority to make the sale without advertisement. For the purposes of this section, the owners of the commodity shall be considered to be, in order:
(1) The licensed handler to the extent of any commodity that he owns and stores in his warehouse;
(2) The holders of uncanceled receipts or tickets for commodities in the warehouse in the order in which the receipts or tickets are dated.
Nothing in this section shall relieve any licensed handler from exercising due care and vigilance in preserving any agricultural commodity after he discovers that the commodity is out of condition or is becoming so.
(D) After an agricultural commodity has been sold as authorized under division (C) of this section, neither the licensed handler nor the director shall be liable for any actions that they took under that division. Proceeds of the sale shall be administered as provided in divisions (C), (D), and (E) of section 926.26 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 926 | Agricultural Commodity Handlers › Section 926.141 | Petition for Appointment of Receiver to Operate or Liquidate the Business of the Unlicensed Handler.

Effective:
March 22, 2001
Latest Legislation:
House Bill 645 - 123rd General Assembly
If the director of agriculture obtains evidence that an unlicensed handler is insolvent or is unable to satisfy the claims of all depositors, the director may petition the court of common pleas of the county in which the unlicensed handler is located for the appointment of a receiver to operate or liquidate the business of the unlicensed handler.
All necessary expenses incurred by the director or a receiver appointed under this section may be recovered from the unlicensed handler in a separate civil action brought by the director in the court of common pleas or recovered at the same time and as a part of the receivership action filed under this section. As a part of the expenses so incurred, the cost of adequate liability insurance necessary to protect the director, the receiver, and others engaged in carrying out this section may be included.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 926 | Agricultural Commodity Handlers › Section 926.15 | Injunctions.

Effective:
July 1, 1983
Latest Legislation:
House Bill 770 - 114th General Assembly
The director of agriculture may apply for, and the courts of this state may issue, a temporary or permanent injunction against the operations of a licensed handler who is violating this chapter or any rule adopted under it, the performance of agricultural commodity handling by any person without a license, or the issuance of receipts or tickets by any person without a license, and against interference by any person with the carrying out by the director, or by any receiver appointed under division (E) of section 926.14 of the Revised Code, of the duties and powers stated in this chapter notwithstanding the existence of an adequate remedy at law.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 926 | Agricultural Commodity Handlers › Section 926.17 | Fee Adjustments or Waivers.

Effective:
October 11, 2013
Latest Legislation:
Senate Bill 66 - 130th General Assembly
(A) The director of agriculture shall annually review the debits of and credits to the agricultural commodity depositors fund created in section 926.16 of the Revised Code and shall make any adjustments in the fee required under that section that are necessary to maintain the fund within the limits established under this section. Not later than the first day of March of each year, the director shall determine the proposed amount of the fee based on the expected volume of agricultural commodities on which the fee is to be collected and that are likely to be handled under this chapter. The director shall make any changes in the previous year's fee in accordance with Chapter 119. of the Revised Code. The fee shall become effective on the following first day of June. It shall in no case exceed one-half of one cent per bushel on all agricultural commodities on which the fee is to be paid.
(B)(1) If, at the end of any fiscal year, the fund balance exceeds fifteen million dollars, less any encumbered balances or pending or unsettled claims, the fee required under division (B) of section 926.16 of the Revised Code shall be waived until the director, with the consent of the commodity advisory commission created in section 926.32 of the Revised Code, reinstates the fee to maintain the liquidity of the fund as provided in division (B)(2) of this section.
(2) If, at any time, the director determines that the fund balance, less any encumbered balances or pending or unsettled claims, is less than ten million dollars, the director, with the consent of the commodity advisory commission, may reinstate the fee required under division (B) of section 926.16 of the Revised Code. If the director reinstates the fee, the director shall notify all licensed handlers by certified mail, return receipt requested, to begin collecting the fee not later than ninety days after being notified.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 926 | Agricultural Commodity Handlers › Section 926.19 | Commodity Handler Regulatory Program Fund.

Effective:
November 5, 2004
Latest Legislation:
House Bill 421 - 125th General Assembly
(A) There is hereby created in the state treasury the commodity handler regulatory program fund. The moneys in the fund shall be used to pay the examination and administrative costs of this chapter and shall consist of:
(1) All revenues collected by the director of agriculture from distribution of the receipt forms under division (B) of section 926.20 of the Revised Code and such other forms and registration books as the director may require by rule for the administration of this chapter;
(2) The application and examination fees collected under division (B) of section 926.05 of the Revised Code;
(3) The agricultural commodity tester certificate fees collected under division (B) of section 926.30 of the Revised Code;
(4) Any moneys transferred from the agricultural commodity depositors fund under section 926.16 of the Revised Code;
(5) All fines, penalties, and costs, except court costs, that are collected under section 926.99 of the Revised Code in consequence of a violation of this chapter;
(6) All sums collected by the director of agriculture under a contract described in section 926.36 of the Revised Code.
(B) The examination and administrative costs of this chapter shall be computed by the director not later than the thirty-first day of December of each even-numbered year to cover the biennium that begins on the following first day of July. The commodity advisory commission created in section 926.32 of the Revised Code shall approve, and may amend, the examination and administrative costs. The commission's decision shall be binding on the director. The commission also at any time may approve for presentation to the controlling board a request to increase or decrease the appropriation authority for the biennial examination and administrative costs if it determines that an increase or decrease in the cost is necessary to carry out the purpose of this chapter.
(C) If at any time the moneys deposited in the fund, including moneys transferred from the agricultural commodity depositors fund under section 926.16 of the Revised Code, are not sufficient to pay the examination and administrative costs of this chapter, the director shall request an appropriation from the general revenue fund to pay those costs.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 926 | Agricultural Commodity Handlers › Section 926.21 | Receipts Issued by Licensed Handler.

Effective:
July 1, 1983
Latest Legislation:
House Bill 770 - 114th General Assembly
A receipt issued by a licensed handler is a legal document evidencing the obligation of the handler to deliver an agricultural commodity according to its terms and the requirements of this chapter.
All original receipts issued under this chapter are valid for a term of one year unless redeemed before the end of that year, exchanged for the appropriate commodity or another receipt, or held in trust or endorsed to an agency of the United States. Any receipt issued to consolidate or replace an earlier receipt under section 926.22 or 926.23 of the Revised Code is valid for only the remainder of the one-year term of the original receipt that it consolidates or replaces.
The holder of a receipt may renew its validity for another term of one year by presenting it, within thirty days prior to the date of its expiration, to the handler who issued the original receipt. After the holder has settled any charges that have become due against the agricultural commodity, the handler shall cancel the unexpired receipt and issue a new receipt to the holder. In addition to the information required under section 926.20 of the Revised Code, the new receipt shall contain the serial number and date of issuance of the receipt that it replaces.
If a receipt has expired and has not been renewed, the handler holding the agricultural commodity evidenced by the receipt may, not sooner than forty-five days following the date of its expiration, proceed with the sale of the commodity in accordance with section 926.26 of the Revised Code. Until the handler holding the commodity has sold it as provided in that section, he shall honor the expired receipt if it is offered for redemption.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 926 | Agricultural Commodity Handlers › Section 926.22 | Issuing and Cancelling Receipts.

Effective:
July 1, 1983
Latest Legislation:
House Bill 770 - 114th General Assembly
(A) No licensed handler shall issue a receipt except upon the actual delivery of an agricultural commodity into storage in the warehouse from which the receipt is to be issued. No licensed handler shall issue a receipt for a quantity of a commodity greater than that which was contained in the lot or parcel received for storage or issue more than one receipt for the same lot of a commodity unless a receipt for a part of the lot is desired, in which case the aggregate receipts issued for a particular lot shall cover only that lot.
(B) If a licensed handler delivers out of storage a part of a lot of an agricultural commodity for which he has issued a negotiable receipt, he shall cancel the original receipt and issue a new receipt in accordance with rules adopted by the director of agriculture for the undelivered portion of the commodity that is still in storage. The new receipt shall show the date of its issuance and the number and date of the original receipt.
(C) If one receipt is divided into two or more receipts or two or more receipts are consolidated into one receipt, the original receipt or receipts shall be canceled in the same manner as if the agricultural commodity had been delivered from storage. The new receipt or receipts shall indicate whether the new receipt or receipts represent a part of another receipt or the consolidation of other receipts. The number and date of the original receipt or receipts shall also appear on the new receipt or receipts. No person shall consolidate receipts that were issued more than thirty days apart.
(D) The date of issuance of an original receipt shall be the date used for determining the oldest receipt for the purposes of division (B) of section 926.13 of the Revised Code. The date of any consolidation, replacement, or renewal receipt shall not be considered.
(E) All receipts issued for agricultural commodities stored in special bins for the purpose of preserving identity shall bear the number of the bin and the notation "Special Bin." All divisions or consolidations of receipt shall bear the bin number of the original receipt or receipts and the notation "Special Bin."
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 926 | Agricultural Commodity Handlers › Section 926.23 | Duplicate Receipt Issued in Lieu of Lost or Destroyed Receipt.

Effective:
July 1, 1985
Latest Legislation:
House Bill 201 - 116th General Assembly
If a negotiable receipt has been lost or destroyed, the licensed handler shall issue a new receipt on the same terms as, subject to the same conditions as, and bearing on its face the number and date of, the receipt in lieu of which it is issued and a plain and conspicuous statement that it is a duplicate receipt issued in lieu of a lost or destroyed receipt, upon the claimant's filing with him:
(A) An affidavit stating that the claimant is lawfully entitled to the possession of the original receipt, that he has not negotiated or endorsed the original receipt, how the original receipt was lost or destroyed, and, if the receipt was lost, that diligent effort has been made without success to find the receipt;
(B) A bond double the value, at the time the bond is given, of the agricultural commodity represented by the lost or destroyed receipt. The bond shall be in a form approved by the director of agriculture and shall be conditioned to indemnify the agricultural commodity depositors fund, the handler, and any other person entitled to the commodity against all loss, liability, or expense that it or he may sustain by reason of the issuance of a duplicate receipt. The bond shall have as surety a corporate surety company that is authorized to do business under the laws of this state.
A receipt that is plainly marked "DUPLICATE" is a representation and warranty by the licensed handler that the receipt is an accurate copy of an original receipt properly issued and then canceled on the date of issuance of the duplicate and imposes on him no liability other than his obligation under the original receipt.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 926 | Agricultural Commodity Handlers › Section 926.25 | Sale or Pledge of Receipt Issued for an Agricultural Commodity.

Effective:
October 10, 1988
Latest Legislation:
House Bill 557 - 117th General Assembly
(A) Any licensed handler operating a warehouse in this state may make a valid sale or pledge of any receipt issued for an agricultural commodity of which he is the owner either solely, jointly, or in common with others. The recital of ownership on the receipt shall constitute notice of the right to sell or pledge it and of the title or specific lien of the transferee or pledgee on the handler's commodity represented by the receipt.
(B) A licensed handler shall file with the director of agriculture a copy of every negotiable receipt issued by him for agricultural commodities of which he is the owner either solely, jointly, or in common with others. Each licensed handler issuing such a negotiable receipt shall at the same time file with the director a report containing such information as the director requests showing the liability and an inventory of the warehouse operated by him as of the date on which the receipt was issued and shall remit the fee required under division (B) of section 926.16 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 926 | Agricultural Commodity Handlers › Section 926.27 | Licensed Handler Discontinuing Business.

Effective:
July 1, 1983
Latest Legislation:
House Bill 770 - 114th General Assembly
Any licensed handler who intends to discontinue his operations at the expiration of his license or at any other time shall, at least thirty days prior to the date of the expiration or cancellation of his license, notify the director of agriculture, all parties storing agricultural commodities in the handler's warehouse, and all holders of receipts issued by him, if known. If all holders of receipts are not known, he shall advertise his intention by public notice in a newspaper of general circulation in the place in which the warehouse is situated or, if no newspaper is published in that place, in a newspaper of general circulation in the county in which the warehouse is situated. The owners or depositors of the commodities shall remove, or cause to be removed, the commodities from the warehouse before the expiration or cancellation of the license. If for any reason the commodities are not removed from the warehouse, the handler shall sell them for the account of the depositors in accordance with section 926.26 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 926 | Agricultural Commodity Handlers › Section 926.28 | Disclosing Lack of Title or Existence of Lien or Mortgage - Posting Notice.

Effective:
October 10, 1988
Latest Legislation:
House Bill 557 - 117th General Assembly
(A) No person shall knowingly deposit any agricultural commodity to which he does not have title or upon which there is a lien or mortgage, either for sale or for storage under a bailment agreement, without disclosing his lack of title or the existence of the lien or mortgage.
(B) Each licensed handler shall post in a conspicuous place in his office a copy of division (A) of this section together with the penalty imposed on the depositor for failure to comply with the requirement for disclosure. The notice shall be in large type that is easily readable for depositors in the conduct of business with the licensed handler.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 926 | Agricultural Commodity Handlers › Section 926.33 | Conflicting Laws - Effect and Purpose of Chapter.

Effective:
October 10, 1988
Latest Legislation:
House Bill 557 - 117th General Assembly
(A) Any provisions of this chapter that conflict with Chapters 1307. and 1309. of the Revised Code shall take precedence over those chapters.
(B) This chapter is enacted for the benefit of the state, and neither the state, its departments, agencies, or commissions, or its employees and officials, either elected or appointed, shall be held liable for any injuries to third parties, for the exercise of their authority, or for the use of their discretion on the matter to which this chapter relates.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 926 | Agricultural Commodity Handlers › Section 926.34 | Misapplication or Conversion of Assets.

Effective:
October 10, 1988
Latest Legislation:
House Bill 557 - 117th General Assembly
No person shall knowingly misapply or convert for personal use the inventory, funds, or credits of a corporation licensed as a handler under this chapter.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 926 | Agricultural Commodity Handlers › Section 926.35 | Insolvent Handler.

Effective:
October 10, 1988
Latest Legislation:
House Bill 557 - 117th General Assembly
No handler licensed under this chapter who is insolvent shall accept deposits of agricultural commodities except in payment of or as security for an existing debt.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 926 | Agricultural Commodity Handlers › Section 926.36 | Contract With Marketing Associations.

Effective:
July 29, 1998
Latest Legislation:
House Bill 425 - 122nd General Assembly
The director of agriculture may enter into a contract with a marketing association that is involved in a program designed to improve or expand the market for an agricultural commodity and funded by an assessment that is levied on producers of the agricultural commodity and calculated on the basis of the volume of agricultural commodities produced by the producer. Under the contract, the marketing association may agree to pay the director a mutually acceptable sum and in exchange the director may agree to furnish the marketing association with information that the director obtains under section 926.11 of the Revised Code regarding the volume of commodities produced by producers who participate in the marketing program, and related financial information.
The marketing association may use the information to determine whether a producer has truthfully disclosed the volume of agricultural commodities produced by the producer and whether the marketing association has received the correct amount in assessments.
Any sum paid to the director under a contract entered into under this section shall be deposited in the commodity handler regulatory program fund created in section 926.19 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 926 | Agricultural Commodity Handlers › Section 926.99 | Penalty.

Effective:
September 30, 2011
Latest Legislation:
House Bill 86 - 129th General Assembly
(A)(1) Except as provided in division (A)(2) of this section, whoever violates section 926.04 of the Revised Code is guilty of a misdemeanor of the first degree on a first offense and a felony of the fifth degree on each subsequent offense.
(2) A person who violates section 926.04 of the Revised Code and who is insolvent and financially unable to satisfy a claimant as defined in section 926.021 of the Revised Code is guilty of a felony of the fifth degree if the financial obligation owed by the offender to the claimant is one thousand dollars or more and is less than seven thousand five hundred dollars. If the financial obligation is seven thousand five hundred dollars or more and is less than one hundred fifty thousand dollars, the offender is guilty of a felony of the fourth degree. If the financial obligation is one hundred fifty thousand dollars or more, the offender is guilty of a felony of the third degree.
(B) Whoever violates division (E) or (F) of section 926.20 or division (A) of section 926.22 of the Revised Code is guilty of a minor misdemeanor on a first offense and a misdemeanor of the second degree on each subsequent offense.
(C) Whoever violates division (G) of section 926.20 or section 926.34 or 926.35 of the Revised Code is guilty of a felony of the fourth degree.
(D) Whoever violates division (A) of section 926.28 or division (B) of section 926.29 of the Revised Code is guilty of a felony of the fifth degree.
(E) Whoever violates section 926.31 of the Revised Code is guilty of a misdemeanor of the fourth degree.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 927 | Nursery Stock; Plant Pests › Section 927.39 | Equipment and Supplies.

Effective:
June 30, 2006
Latest Legislation:
House Bill 530 - 126th General Assembly
(A) As used in this section and in sections 927.40 to 927.42 of the Revised Code:
(1) "Pest" has the same meaning as in section 927.51 of the Revised Code.
(2) "Quarantined area" means an area that is quarantined by the director of agriculture under section 927.71 of the Revised Code or by the United States department of agriculture.
(B) Counties, townships, and municipal corporations may, upon the vote of the board of county commissioners, the board of township trustees, or the legislative authority of any municipal corporation, purchase or rent equipment and may purchase supplies designed to combat a pest for which a quarantined area is established and may contract for the hire of necessary employees to operate such equipment and carry out sections 927.39 to 927.42 of the Revised Code. Payment for such equipment or its use, supplies, and wages as are contracted for may be provided out of the general fund of such subdivision.
Any two or more counties, townships, municipal corporations, or any combination of such subdivisions, may jointly contract for the purchase or renting of such equipment, the purchase of such supplies, and for the hiring of such employees to conduct a joint effort to combat a pest for which a quarantined area is established; the payment for such equipment, supplies, and labor may be made jointly, in such proportions as the board of county commissioners, the board of township trustees, or the legislative authority of a municipal corporation may agree upon, out of the general fund of any such subdivision.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 927 | Nursery Stock; Plant Pests › Section 927.40 | Inspection for Disease.

Effective:
June 30, 2006
Latest Legislation:
House Bill 530 - 126th General Assembly
The board of county commissioners, board of township trustees, or legislative authority of a municipal corporation may authorize an agent to enter upon any lands in a quarantined area within the subdivisions for the sole purpose of inspecting such lands for the existence of the pest for which the quarantined area has been established. Such powers of inspection may be exercised by any such subdivision, through its agent, solely to prepare a campaign within the subdivision against a pest for which a quarantined area is established.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 927 | Nursery Stock; Plant Pests › Section 927.41 | Treatment of Diseased Trees.

Effective:
June 30, 2006
Latest Legislation:
House Bill 530 - 126th General Assembly
Upon the purchase or rental of equipment and the purchase of supplies to combat a pest for which a quarantined area is established, the agents of the board of county commissioners, board of township trustees, or legislative authority of a municipal corporation may contact the owners of land in the quarantined area within the subdivision, to obtain permission to enter upon such lands to combat that pest. After obtaining such permission, such agents may enter upon such land and combat that pest as the owner agrees, and the board of county commissioners, board of township trustees, or legislative authority of the municipal corporation may charge fees for such efforts as will cover the actual costs of the efforts.
In the same manner, plants that are dead or dying from a pest may be removed or completely destroyed at the cost of the landowner.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 927 | Nursery Stock; Plant Pests › Section 927.42 | Assistance of Department of Agriculture - Issuance of Securities.

Effective:
June 30, 2006
Latest Legislation:
House Bill 530 - 126th General Assembly
(A) The board of county commissioners, the board of township trustees, or the legislative authority of any municipal corporation may obtain the assistance of the department of agriculture or the United States department of agriculture upon any problem that arises in connection with combating dutch elm disease and phloem necrosis.
(B) If the board of county commissioners, the board of township trustees, or the legislative authority of a municipal corporation issues general obligation securities under division (A)(4) of section 133.12 of the Revised Code, that board of county commissioners, board of township trustees, or legislative authority, whichever is applicable, shall do both of the following:
(1) Notify the director of agriculture of that fact;
(2) Coordinate and comply with the protocols and directives established by the director with respect to the quarantined area or the pest for which a quarantined area is established.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 927 | Nursery Stock; Plant Pests › Section 927.51 | Plants and Nursery Stock Definitions.

Effective:
July 17, 2009
Latest Legislation:
House Bill 1 - 128th General Assembly
As used in sections 927.51 to 927.73 of the Revised Code:
(A) "Collected plant" means any plant dug or gathered from any wood lot, field, forest, or any other location in which such a plant is found growing in its native habitat.
(B) "Collector" means any person who collects, for sale, plants from wood lots, fields, forests, or other native habitat.
(C) "Dealer" means any person other than a nurseryman who offers for sale, sells, or distributes nursery stock, either exclusively or in connection with other merchandise, in or from any nursery, store, sales ground, stand, lot, truck, railway car, or other vehicle. "Dealer" includes any landscaper who sells or offers for sale nursery stock as a part of a grounds improvement project that may involve the installation of such plants.
(D) "Hardy," when applied to plants and bulbs, whether wild or cultivated, means capable of surviving the normal winter temperatures of this state.
(E) "Host" means any plant or plant product from which any pest derives its food supply, or upon which it depends for its well being or to complete any part of its life cycle.
(F) "Infested" means containing or harboring one or more pests or infected with one or more pests.
(G) "Nursery" means any grounds or premises on or in which nursery stock is propagated or grown for sale.
(H) "Nurseryman" means a person who owns, leases, manages, or is in charge of a nursery.
(I) "Nursery stock" means:
(1) Any hardy tree, shrub, plant, or bulb, whether wild or cultivated, except turfgrass, and any cutting, graft, scion, or bud thereof;
(2) Any nonhardy plant, or plant part, that is to be offered for sale in any state that requires inspection and certification of the plant or plant part as a condition of entrance therein.
(J) "Person" means any corporation, company, society, association, partnership, individual or combination of individuals, institution, park, or any public agency administered by the state or any subdivision of the state.
(K) "Pest" means any insect, mite, nematode, bacteria, fungus, virus, parasitic plant, or any other organism or any stage of any such organism that causes, or is capable of causing, injury, disease, or damage to any plant, plant part, or plant product.
(L) "Place of business" means each separate location from which nursery stock is sold, offered for sale, or distributed.
(M) "Intensive production area" means a place where nursery stock is propagated or grown using greenhouses, liner beds, lath beds, or containers.
(N) "Nonintensive production area" means any place where nursery stock is propagated or grown as field stock.
(O) "Forced floral plants" means plants with desirable flower characteristics in which the bloom is artificially induced at an unnatural time of the year.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 927 | Nursery Stock; Plant Pests › Section 927.52 | Rules for Plants and Nursery Stock.

Effective:
July 17, 2009
Latest Legislation:
House Bill 1 - 128th General Assembly
(A) The director of agriculture shall adopt and enforce any rules that are necessary to carry out sections 927.51 to 927.73 of the Revised Code.
(B) The director may revoke, suspend, or refuse to issue any nursery certificate or dealer's license for any violation of sections 927.51 to 927.71 of the Revised Code, or of any rules adopted under those sections.
(C) The director may publish reports describing nursery inspection and pest control operations authorized by sections 927.51 to 927.71 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 927 | Nursery Stock; Plant Pests › Section 927.521 | Effect of Child Support Default on License, Certificate or Permit.

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, certificate, or permit issued pursuant to this chapter.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 927 | Nursery Stock; Plant Pests › Section 927.53 | License Fees.

Effective:
July 17, 2009
Latest Legislation:
House Bill 1 - 128th General Assembly
(A) Each collector or dealer who sells, offers, or exposes for sale, or distributes nursery stock within this state, or ships nursery stock to other states, shall pay an annual license fee of one hundred twenty-five dollars to the director of agriculture for each place of business the collector or dealer operates.
(B)(1) Each dealer shall furnish the director, annually, an affidavit that the dealer will buy and sell only nursery stock which has been inspected and certified by an official state or federal inspector.
(2) Each dealer's license expires on the thirty-first day of December of each year. Each licensed dealer shall apply for renewal of the dealer's license prior to the first day of January of each year and in accordance with the standard renewal procedure of sections 4745.01 to 4745.03 of the Revised Code.
(C) Each licensed nurseryperson shall post conspicuously in the nurseryperson's principal place of business, the certificate which is issued to the nurseryperson in accordance with section 927.61 of the Revised Code.
(D) Each licensed nurseryperson, or dealer, shall post conspicuously in each place of business, each certificate or license which is issued to the nurseryperson or dealer in compliance with this section or section 927.61 of the Revised Code.
(E)(1) Each nurseryperson who produces, sells, offers for sale, or distributes woody nursery stock within the state, or ships woody nursery stock to other states, shall pay to the director an annual inspection fee of one hundred dollars plus eleven dollars per acre, or fraction thereof, of growing nursery stock in intensive production areas and seven dollars per acre, or fraction thereof, of growing nursery stock in nonintensive production areas, as applicable.
(2) Each nurseryperson who limits production and sales of nursery stock to brambles, herbaceous, perennial, and other nonwoody plants, shall pay to the director an inspection fee of one hundred dollars, plus eleven dollars per acre, or fraction thereof, of growing nursery stock in intensive and nonintensive production areas.
(F) The fees collected under this section shall be credited to the plant pest program fund created in section 927.54 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 927 | Nursery Stock; Plant Pests › Section 927.54 | Plant Pest Program Fund.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The plant pest program fund is hereby created in the state treasury. The fund shall consist of money credited to it under section 909.15 of the Revised Code and under this chapter and any rules adopted under it. The director of agriculture shall use money in the fund to administer this chapter and Chapter 909. 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 plant pests.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 927 | Nursery Stock; Plant Pests › Section 927.55 | Fee Requirements Exemptions.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
The fees required by section 927.53 of the Revised Code do not apply to:
(A) A person who produces for sale either within this state or within any state in which such plants and parts do not require a certificate of inspection as a condition of entry, only nonhardy plants and plant parts, vegetable plants, herbs, or forced floral plants, of whatever nature, while in bloom;
(B) A person who conducts the sale of nursery stock as a fund raiser for a nonprofit organization or nonprofit purpose for no more than two days per year, who is not a nurseryman, dealer, or collector, and who makes no more than two thousand dollars in revenue from the sale of nursery stock during a calendar year;
(C) Any public or private arboretum operated not for profit, which exchanges inspected nursery stock in limited quantities for experimental or permanent arboretum plantings.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 927 | Nursery Stock; Plant Pests › Section 927.56 | License for Foreign Nurserymen.

Effective:
July 17, 2009
Latest Legislation:
House Bill 1 - 128th General Assembly
(A) Each nurseryman, dealer, or collector of nursery stock, who resides in or has his principal place of business in another state and who sends nursery stock into this state without having a bona fide order in advance for all such nursery stock, shall obtain the same license that is required by section 927.53 of the Revised Code.
(B) The director of agriculture may enter into such reciprocal contracts and agreements as the director determines proper and expedient, with the proper authorities of other states or of the federal government to regulate the shipment, sale, and distribution of nursery stock in this state by persons residing in or located in another state, in accordance with sections 927.51 to 927.73 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 927 | Nursery Stock; Plant Pests › Section 927.58 | Notifying Director of Arrival of Foreign Nursery Stock.

Effective:
November 18, 1969
Latest Legislation:
Senate Bill 387 - 108th General Assembly
The director of agriculture may require any person who receives, directly or indirectly, nursery stock from a foreign country to notify the department of agriculture of the arrival of such shipment, the contents thereof, and the name and address of the consignor. If instructed to do so by the director, such person shall hold any such shipment unopened until inspected or released by the director. Any infested stock which is discovered in such shipment is subject to sections 927.68 and 927.70 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 927 | Nursery Stock; Plant Pests › Section 927.59 | Nursery Inspections.

Effective:
November 18, 1969
Latest Legislation:
Senate Bill 387 - 108th General Assembly
The director of agriculture or his authorized representative, shall, at least once each year, inspect each nursery and other place in this state in which nursery stock is stored or held for sale. The director or his authorized representative shall have free access, within reasonable hours, to any field, orchard, garden, greenhouse, packing ground, building, cellar, freight, or express office, or warehouse, car, vessel, motor vehicle, or other place which it may be necessary or desirable for him to enter in administering sections 927.51 to 927.72, inclusive, of the Revised Code. No person shall deny such access to the director or any of his authorized representatives, or in any manner, hinder, thwart, or defeat such inspection by misrepresentation, or concealment of facts or conditions.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 927 | Nursery Stock; Plant Pests › Section 927.60 | Application for Inspection.

Effective:
November 18, 1969
Latest Legislation:
Senate Bill 387 - 108th General Assembly
Each nurseryman or collector who sells or delivers nursery stock in this state shall apply in writing before the fifteenth day of April of each year to the director of agriculture for inspection of his nursery stock growing in this state. Such nurseryman or collector is liable for any additional expense incurred in the inspection of the nursery stock which may be due to his failure to give such notice prior to said date.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 927 | Nursery Stock; Plant Pests › Section 927.61 | Certificate of Inspection.

Effective:
July 27, 1990
Latest Legislation:
House Bill 571 - 118th General Assembly
(A) The director of agriculture shall issue to each nurseryman, after the stock in his nursery has been officially inspected and found to be apparently free from injurious or harmful pests and after payment of the fees required by section 927.53 of the Revised Code, a certificate setting forth the fact of such inspection. The certificate is valid not to exceed one year from the first day of January following the filing of the application provided for in section 927.60 of the Revised Code.
(B) No person shall sell, offer for sale, or remove or ship from a nursery or other premises, any nursery stock unless such stock has been officially inspected and a valid certificate has been issued by the director.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 927 | Nursery Stock; Plant Pests › Section 927.62 | False Declaration of Acreage - Concealment of Nursery Stock From Inspection.

Effective:
November 18, 1969
Latest Legislation:
Senate Bill 387 - 108th General Assembly
(A) No person shall make a false declaration of acreage or conceal any nursery stock from inspection.
(B) Each person who sells nursery stock shall, if requested, furnish the director of agriculture with copies of the order forms, contracts, and agreements with his customers which are furnished for the use of agents or customers, or both.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 927 | Nursery Stock; Plant Pests › Section 927.64 | Notice of Restricted or Condemned Nursery Stock.

Effective:
November 18, 1969
Latest Legislation:
Senate Bill 387 - 108th General Assembly
(A) If the director of agriculture or his authorized representative determines that a pest in or on any premises used for growing, storage, or sale of nursery stock is destructive or harmful, he shall:
(1) Notify the nurseryman, dealer, collector or person having charge of the premises, in writing, of the presence of such pest;
(2) Restrict the movement of such infested stock, or withold such person's license or certificate until the premises are freed from such pest or until the pest has been brought under control to the satisfaction of the director.
(B) No person after receiving such notice shall ship, deliver, or cause to be shipped or delivered any restricted or condemned nursery stock from such premises.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 927 | Nursery Stock; Plant Pests › Section 927.65 | Copy of License or Certificate of Inspection to Be Attached.

Effective:
July 27, 1990
Latest Legislation:
House Bill 571 - 118th General Assembly
(A) Each person who wholesales, sells for resale, or distributes for resale nursery stock in this state shall attach on the outside of each package, box, bale, or vehicle load, or lot sold or delivered, a tag or poster on which shall appear on exact copy of his valid license or certificate of inspection.
(B) No person shall use certificate tags or posters which have been altered or are invalid.
(C) No person shall misuse a valid certificate tag or poster.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 927 | Nursery Stock; Plant Pests › Section 927.66 | Facsimile Copy of Valid State or Federal Certificate of Inspection to Be Attached to Foreign Stock.

Effective:
November 18, 1969
Latest Legislation:
Senate Bill 387 - 108th General Assembly
(A) Nursery stock which is shipped into this state from another state or country, shall have attached thereto a tag or poster bearing a facsimile copy of a valid state or federal certificate of inspection.
(B) No person shall accept any nursery stock for transportation which does not have a facsimile of a valid certificate or license plainly affixed on the outside of the package, box, bale, vehicle, or car containing such nursery stock, which shows that the contents have been inspected by a state or federal inspector.
(C) No person shall deliver to a consignee nursery stock which does not bear a facsimile of a valid certificate on a tag or poster attached thereto until an authorized representative of the director of agriculture finds such nursery stock apparently free from pests and eligible for certification, and releases such stock for delivery.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 927 | Nursery Stock; Plant Pests › Section 927.67 | Sales, Claims or Advertising Prohibited.

Effective:
July 27, 1990
Latest Legislation:
House Bill 571 - 118th General Assembly
(A) No person shall sell or offer for sale or distribute any nursery stock which:
(1) Is not securely labeled in accordance with the "International Code of Nomenclature for Cultivated Plants" with the complete correct botanical or approved common name as recognized by the latest edition of:
(a) "Wyman's gardening encyclopedia";
(b) Bailey's "Hortus III"; or
(c) Other authoritative works and checklists.
(2) Is labeled with any incorrect or misleading information about such nursery stock;
(3) Is not labeled as a collected plant if it is such;
(4) Is infested by, or infected with, a plant pest or is not otherwise sound and healthy;
(5) Has not been stored or displayed under conditions which will maintain its vigor;
(6) Is dead or seriously weakened by drying or by excessive heat or cold;
(7) Has been mechanically or otherwise treated to the extent of concealing its true condition;
(8) For any other cause is in such condition that it will not grow satisfactorily when given reasonable care;
(9) Has been placed under seizure or stop sale because of noncompliance with this section.
(B) Nothing in this section prevents the sale of color mixtures within types or species of flowering bulbs or herbaceous plants when sold as such.
(C) No person shall disseminate any false or misleading claim or advertisement concerning the vigor, vitality, rate of growth, yield capability, color of flower or foliage, or other growth or performance characteristic of any nursery stock, or make any claim that cannot be substantiated by a state or federal agricultural experiment station.