reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 905 | Agricultural Additives and Lime; Fertilizer › Section 905.52 | Liming Material License.

Effective:
July 17, 2009
Latest Legislation:
House Bill 1 - 128th General Assembly
(A) Except as provided in section 905.53 of the Revised Code, no person shall manufacture, sell, or distribute in this state liming material without a license to do so issued by the department of agriculture.
(B) Each such license expires on the thirty-first day of December of each year and shall be renewed according to the standard renewal procedure of sections 4745.01 to 4745.03 of the Revised Code.
(C) Each application for issuance or renewal of such a license shall:
(1) Include the name and address of the applicant and the name and address of each bulk distribution point from which the applicant's liming material will be distributed in this state;
(2) Be accompanied by a license fee of fifty dollars:
(a) For each location at which liming material is manufactured in this state;
(b) For each location out of the state from which liming material is distributed or sold in this state to nonlicensees.
(3) Be accompanied by a label for each product name and grade.
(D) The name and address of the applicant shown on the application shall be shown on all labels, pertinent invoices, and bulk storage for liming material distributed or sold by the licensee in this state.
(E) The licensee shall inform the department in writing of additional distribution points established during the period of the license.
(F) 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 905 | Agricultural Additives and Lime; Fertilizer › Section 905.53 | Exemption From License Requirement.

Effective:
October 29, 1996
Latest Legislation:
House Bill 651 - 121st General Assembly
No person shall be required to obtain a license to sell or distribute liming material under section 905.52 of the Revised Code if the manufacturer of the liming material that the person distributes or sells is licensed under division (A) of section 905.52 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 905 | Agricultural Additives and Lime; Fertilizer › Section 905.54 | Standards of Fineness.

Effective:
October 29, 1996
Latest Legislation:
House Bill 651 - 121st General Assembly
No person shall sell or distribute any crushed or ground liming material in this state, except the oxide and hydrate forms, unless it is processed to meet the standard of fineness of one of the grades listed in this section and contains all the fines of fracture.
(A) "Superfine liming materials" shall be of such degree of fineness that not less than eighty per cent of weight passes a number one hundred United States standard sieve, not less than ninety-five per cent of weight passes a number sixty United States standard sieve, not less than one hundred per cent of weight passes a number twenty United States standard sieve, and not less than one hundred per cent of weight passes a number eight United States standard sieve.
(B) "Pulverized liming materials" shall be of such degree of fineness that not less than sixty per cent of weight passes a number one hundred United States standard sieve, not less than seventy per cent of weight passes a number sixty United States standard sieve, not less than ninety-five per cent of weight passes a number twenty United States standard sieve, and not less than one hundred per cent of weight passes a number eight United States standard sieve.
(C) "Ground liming materials" shall be of such degree of fineness that not less than forty per cent of weight passes a number one hundred United States standard sieve, not less than fifty per cent of weight passes a number sixty United States standard sieve, not less than seventy per cent of weight passes a number twenty United States standard sieve, and not less than ninety-five per cent of weight passes a number eight United States standard sieve.
(D) "Meal liming materials" shall be of such degree of fineness that not less than twenty per cent of weight passes a number one hundred United States standard sieve, not less than thirty per cent of weight passes a number sixty United States standard sieve, not less than fifty per cent of weight passes a number twenty United States standard sieve, and not less than eighty per cent of weight passes a number eight United States standard sieve.
(E) "Screened liming materials" shall be of such degree of fineness that not less than five per cent of weight passes a number one hundred United States standard sieve, not less than fifteen per cent of weight passes a number sixty United States standard sieve, not less than forty per cent of weight passes a number twenty United States standard sieve, and not less than eighty per cent of weight passes a number eight United States standard sieve.
(F) All liming products intended for pelletization shall show on the label the percentage of material passing the numbers eight, twenty, sixty, and one hundred United States standard sieves before the product is pelletized.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 905 | Agricultural Additives and Lime; Fertilizer › Section 905.55 | Label Information.

Effective:
October 29, 1996
Latest Legislation:
House Bill 651 - 121st General Assembly
(A) No person shall distribute or sell liming material in packages that do not bear a label in legibly written or printed form that includes the following:
(1) Net weight of contents in pounds as determined by a sealed weighing device;
(2) Product name and type of liming material, which shall include the grade as defined in section 905.54 of the Revised Code, for all except the oxide and hydrate forms;
(3) Name and address of manufacturer, seller, or distributor;
(4) Guaranteed analysis, in whole numbers only, which includes:
(a) The minium percentages of weight of elemental calcium and magnesium;
(b) The total neutralizing power expressed as weight per cent of calcium carbonate, as determined by the methods prescribed by the association of official analytical chemists;
(c) The minimum percentages of weight passing through numbers eight, twenty, sixty, and one hundred United States standard sieves;
(d) The effective neutralizing power expressed on the basis of pounds per ton as a percentage of the fineness index, multiplied by the total neutralizing power and percentage of dry matter.
(B) No person shall sell or distribute liming material in bulk, unless the purchaser is supplied, upon delivery, with a delivery ticket containing the information required in division (A) of this section, and:
(1) The name and address of the purchaser;
(2) The date of sale.
(C) Shipping invoices or notices shall be available for all bulk liming material stored at locations other than a place of manufacture.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 905 | Agricultural Additives and Lime; Fertilizer › Section 905.56 | Annual Tonnage Report - Inspection Fee.

Effective:
July 17, 2009
Latest Legislation:
House Bill 1 - 128th General Assembly
(A) Each licensee shall file with the department of agriculture an annual tonnage report that includes the number of net tons of liming material sold or distributed to a non-licensee in this state, by county, by oxide and hydrate forms, and by grade as defined in section 905.54 of the Revised Code, within forty days after the thirty-first day of December of each calendar year. The inspection fee at the rate stated in division (B) of this section shall accompany this report.
(B) Each licensee who sells or distributes more than twenty-five hundred tons of agricultural liming material in this state shall pay to the department an inspection fee. The inspection fee is one fourth of one cent for each ton in excess of twenty-five hundred tons, as reported in the tonnage report required by division (A) of this section. The maximum inspection fee is three hundred dollars.
(C) If a tonnage report is not filed, or if the inspection fee is not paid within ten days after the due date, a penalty of ten per cent of the amount due, with a minimum penalty of ten dollars, shall be assessed against the licensee. The amount of fee due, plus penalty, shall constitute a debt and shall become the basis of a judgment against the licensee. Such remedy is in addition to the remedy provided in section 905.62 of the Revised Code.
(D) The director of agriculture may inspect the inventories, books, and records of any licensee in order to verify a tonnage report. If the director finds that a tonnage report is erroneous, the director may adjust the inspection fee, may assess any balance due against the licensee, and may impose a penalty not to exceed ten per cent of the balance due, or may refund any overpayment.
(E) 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 905 | Agricultural Additives and Lime; Fertilizer › Section 905.57 | Confidentiality of Information.

Effective:
January 1, 1968
Latest Legislation:
House Bill 849 - 107th General Assembly
(A) All information furnished to or procured by the director of agriculture under section 905.56 of the Revised Code is for the exclusive use and information of the director in the discharge of his official duties and is not open to the public nor to be used in any court in any action or proceeding therein unless the director is a party to such action or proceeding, but such information may be consolidated in statistical tables and published by the director in statistical form, without disclosing details of information furnished by any particular person.
(B) No person shall willfully divulge any information secured while in the employ of the department of agriculture, with respect to the transactions, property, files, records, or papers of the department, or with respect to the business of any manufacturer, seller, or distributor of agricultural liming material to any person other than the director or the superior of such employee, or when called upon to testify in an action or proceeding to which the director is a party.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 905 | Agricultural Additives and Lime; Fertilizer › Section 905.58 | Annual Statement of Liming Material Sales.

Effective:
October 29, 1996
Latest Legislation:
House Bill 651 - 121st General Assembly
(A) The director of agriculture shall prepare an annual statement of liming material sales, by county and by grade, as defined in section 905.54 of the Revised Code, in a manner prescribed by the director.
(B) The director shall publish an annual report of the director's analysis of liming material that the director has inspected.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 905 | Agricultural Additives and Lime; Fertilizer › Section 905.59 | Sampling and Analysis.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
(A) The director of agriculture may inspect, sample, and analyze any liming material utilized within the state to such extent as the director considers necessary to determine whether the liming material is in compliance with sections 905.51 to 905.65 of the Revised Code, and the rules adopted under such sections. The director may enter into an agreement with a person that is not a department of agriculture employee that authorizes that person to perform the inspections, sampling, and analysis of liming material. If the director enters into an agreement, the director shall annually audit the records relating to the inspections, sampling, and analysis performed by the person.
(B) The director or a person who has entered into an agreement with the director under division (A) of this section may enter upon any public or private premises or means of conveyance at any reasonable time to have access to liming material subject to sections 905.51 to 905.65 of the Revised Code, and the rules adopted under such sections.
(C) The methods of sampling and analysis of liming materials shall be those adopted by the association of official analytical chemists or as prescribed by the director.
(D) The results of the official analysis of any sample of liming material that is found to be in violation of sections 905.51 to 905.65 of the Revised Code, or any regulation adopted under such sections, shall be forwarded to the licensee. A licensee may request a portion of any such sample if the request is made not more than thirty days after the date of the analysis report.
(E) Analytical tolerances shall be governed by rules adopted by the director, subject to Chapter 119. of the Revised Code.
Last updated July 14, 2021 at 4:14 PM
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 905 | Agricultural Additives and Lime; Fertilizer › Section 905.60 | Mislabeled Liming Material.

Effective:
October 29, 1996
Latest Legislation:
House Bill 651 - 121st General Assembly
(A) No person shall sell or distribute mislabeled liming material.
(B) A liming material is mislabeled if any false or misleading statement appears on its label or its pertinent invoice or delivery ticket, or if false or misleading statements appear in any advertising matter.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 905 | Agricultural Additives and Lime; Fertilizer › Section 905.61 | Administrative Rules.

Effective:
January 1, 1968
Latest Legislation:
House Bill 849 - 107th General Assembly
The director of agriculture may, subject to Chapter 119. of the Revised Code, adopt, amend, and enforce rules and regulations to implement sections 905.51 to 905.65, inclusive, of the Revised Code. No person shall violate any rule or regulation adopted by the director pursuant to sections 905.51 to 905.65, inclusive, of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 905 | Agricultural Additives and Lime; Fertilizer › Section 905.62 | Revocation and Suspension of License or Refusal to License.

Effective:
January 1, 1968
Latest Legislation:
House Bill 849 - 107th General Assembly
The director of agriculture may revoke any license, suspend any license, or refuse to license any applicant for a violation of sections 905.51 to 905.65, inclusive, of the Revised Code or any regulations promulgated under such sections.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 905 | Agricultural Additives and Lime; Fertilizer › Section 905.63 | Order to Hold Material.

Effective:
October 29, 1996
Latest Legislation:
House Bill 651 - 121st General Assembly
(A) The director of agriculture may order the owner or custodian of any lot of liming material to hold it at a designated place when the director has found the liming material to have been offered or exposed for sale in violation of sections 905.51 to 905.65 of the Revised Code or any rule adopted thereunder.
(B) Such liming material shall be held until the director releases it in writing. A release shall not be issued until sections 905.51 to 905.65 of the Revised Code and the rules adopted under those sections are complied with and until all expenses incurred by the department of agriculture in connection with the violation have been paid by the manufacturer, seller, or distributor.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 905 | Agricultural Additives and Lime; Fertilizer › Section 905.64 | Condemnation Order.

Effective:
October 29, 1996
Latest Legislation:
House Bill 651 - 121st General Assembly
Any lot of liming material not in compliance with sections 905.51 to 905.65 of the Revised Code, or any rules adopted under those sections, is subject to seizure on the complaint of the director of agriculture to a court of competent jurisdiction in the county in which the liming material is located. If the court finds that the liming material is in violation of sections 905.51 to 905.65 of the Revised Code or any rule adopted under those sections, it shall order the condemnation of the liming material. The court shall not order the condemnation of the liming material without first giving the manufacturer, seller, or distributor an opportunity to reprocess or relabel the liming material to bring it into compliance with sections 905.51 to 905.65 of the Revised Code and the rules adopted under those sections.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 905 | Agricultural Additives and Lime; Fertilizer › Section 905.65 | Injunction.

Effective:
January 1, 1968
Latest Legislation:
House Bill 849 - 107th General Assembly
In addition to the remedies provided and irrespective of whether or not there exists any adequate remedy at law, the director of agriculture may apply to the court of common pleas in the county wherein sections 905.51 to 905.65, inclusive, of the Revised Code are being violated for a temporary or permanent injunction restraining any person from such violation.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 905 | Agricultural Additives and Lime; Fertilizer › Section 905.99 | Penalty.

Effective:
August 21, 2014
Latest Legislation:
Senate Bill 150 - 130th General Assembly
(A) Except as provided in division (B) of this section, whoever violates this chapter or rules adopted under it is guilty of a misdemeanor of the third degree on a first offense, a misdemeanor of the second degree on a second offense, and a misdemeanor of the first degree on a third or subsequent offense.
(B) A person who fails to comply with rules adopted under division (A)(2)(f) of section 905.322 of the Revised Code is not subject to division (A) of this section.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 907 | Agricultural Seed › Section 907.02 | Certification by Ohio Seed Improvement Association.

Effective:
October 29, 2003
Latest Legislation:
House Bill 143 - 125th General Assembly
(A) The Ohio seed improvement association shall certify for Ohio agricultural, vegetable, or flower seed, tubers for seeding purposes, or plants for varietal identification or for other factors.
(B) No person shall use, orally or in writing, alone or with other words, "certified," "registered," "foundation," or any other term that suggests that the seed, tubers for seeding purposes, or plants have been certified unless the seed, tubers for seeding purposes, or plants have been certified by the Ohio seed improvement association. The prohibition established in this division does not apply to use of the word "certified" for the purpose of describing seed, tubers for seeding purposes, or plants that have been certified as organic in accordance with 7 U.S.C. 6501 et seq.
(C) The following information shall appear on the certification label attached to each container of each lot of seed, tubers for seeding purposes, or plants sold as "certified," "registered," or "foundation":
(1) The grower's name and address or producer number;
(2) The name of the Ohio seed improvement association as the certifying agency;
(3) The origin of the seed, tubers for seeding purposes, or plants;
(4) The class, kind, variety, or germ plasm of the seed;
(5) Any other information the director of agriculture may require by rule concerning health, vigor, purity, type, and other matters pertaining to certification.
(D) The Ohio seed improvement association shall establish standards and procedures for seed certification that are no less stringent than those prescribed by the association of official seed certifying agencies and that do not conflict with sections 907.01 to 907.17 of the Revised Code and rules adopted under them. The Ohio seed improvement association shall designate intervals at which it shall conduct a review of the certification standards and procedures. No proposed change to the standards and procedures may take effect unless the change first is approved by an affirmative vote of at least two-thirds of the members of the association's governing body.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 907 | Agricultural Seed › Section 907.04 | Record Maintenance.

Effective:
October 29, 2003
Latest Legislation:
House Bill 143 - 125th General Assembly
(A) Any person who holds a valid seed labeler permit issued under section 907.13 of the Revised Code and who sells agricultural, vegetable, or flower seed shall, for a period of eighteen months from the date of the final sale or other final disposition made, keep complete records of each lot of agricultural, vegetable, or flower seed that the person sells. If purchases are made from persons who keep records available for inspection as required under this division, the keeping for eighteen months of an invoice of each purchase and sale stating the kind of seed and the lot number meets the requirement as to records. The invoices and other records that are required to be kept under this division shall be maintained at a location in this state.
(B) If the director of agriculture or the director's designated representative determines that an audit of a person who is required to keep records under division (A) of this section is necessary in order to determine the sales of seed made within or into this state by that person and the amount of the fee that the person owes this state under section 907.14 of the Revised Code, the director or the director's authorized agent may audit the person.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 907 | Agricultural Seed › Section 907.05 | Seed Subject to Labeling and Inspection Fee Requirements.

Effective:
October 2, 1974
Latest Legislation:
House Bill 554 - 110th General Assembly
All of the seed of grass, forage, cereal, and fiber crops sold by variety name or as processed or tested is subject to the labelling and inspection fee requirements of sections 907.01 to 907.17 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 907 | Agricultural Seed › Section 907.06 | Words Prohibited Which Imply State Guarantees.

Effective:
October 2, 1974
Latest Legislation:
House Bill 554 - 110th General Assembly
"State tested" or "state" or the name of the department of agriculture or the state seed laboratory shall not be used in connection with the analysis or test of any seed on any seed label, price list, or literature or in any other way which gives the impression that the state guarantees the analysis or assumes responsibility for the quality of the seed.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 907 | Agricultural Seed › Section 907.081 | Advertising Claims.

Effective:
October 29, 2003
Latest Legislation:
House Bill 143 - 125th General Assembly
Any person who disseminates, with the intention of inducing a sale, any advertisement or makes any claim concerning the vigor, vitality, growth, yield capability, or any other quality or performance characteristic of any agricultural, vegetable, or flower seed shall maintain complete and accurate records of the tests used to determine the characteristic and of the results of the tests and shall submit the records to the director of agriculture upon request. Any person who uses an agricultural, vegetable, or flower seed may request the director to require the person who disseminated any advertisement concerning any of the above characteristics to submit the person's records to the director.
In accordance with division (A) of section 907.10 of the Revised Code, the director may conduct such tests as the director determines necessary to verify the information in such records. If the director's tests indicate that the information in the records is invalid or unreliable, the director may issue a stop-sale order pursuant to division (C) of section 907.11 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 907 | Agricultural Seed › Section 907.09 | Exceptions.

Effective:
October 29, 2003
Latest Legislation:
House Bill 143 - 125th General Assembly
(A) Sections 907.03, 907.07, and 907.08 of the Revised Code do not apply to:
(1) Agricultural, vegetable, or flower seed not intended for sowing purposes;
(2) Unprocessed agricultural, vegetable, or flower seed in storage or being transported to or consigned to a seed processing establishment, provided that the label accompanying a shipment of the seed shall bear the statement "seed for processing" and provided further that any label or other representation that is made with respect to the unprocessed seed shall be subject to sections 907.01 to 907.17 of the Revised Code;
(3) Agricultural, vegetable, or flower seed that is in interstate transport and that is governed by 7 C.F.R. 201.33.
(B) In the case of agricultural, vegetable, or flower seed that is being exported in bulk or containers directly to a foreign country and that is in quantities of twenty thousand pounds or more regardless of the number of lots included, the labeling requirements established under section 907.03 of the Revised Code do not apply, provided that all of the following requirements are satisfied:
(1) The omission, from each container or bulk unit, of a label with the required information is done with the knowledge and consent of the buyer of the seed prior to the transportation or delivery for transportation of the seed in international commerce.
(2) Each container has stenciled on it or bears a label containing a lot designation, variety identification, and kind identification.
(3) The invoice or other records accompanying and pertaining to the seed bear the information concerning the respective seeds that is required under section 907.03 of the Revised Code.
(4) Records are kept available to be provided to the department of agriculture upon request in order to show proof that the seed is being exported to a foreign country for distribution.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 907 | Agricultural Seed › Section 907.10 | Enforcement - Inspection and Analysis of Seed.

Effective:
October 29, 2003
Latest Legislation:
House Bill 143 - 125th General Assembly
The director of agriculture shall do all of the following:
(A) Sample, inspect, analyze, and test agricultural, vegetable, and flower seed sold for sowing purposes, at such times and places and to such extent as the director regards necessary to determine whether the seed complies with sections 907.01 to 907.17 of the Revised Code and notify promptly the person who sold the seed of any violation;
(B) Adopt rules in accordance with Chapter 119. of the Revised Code that do all of the following:
(1) Govern the methods of sampling, inspecting, analyzing, testing, and examining agricultural, vegetable, and flower seed and the tolerances to be followed. The rules shall be in general accord with officially prescribed practice in interstate commerce applied in analyzing and testing the seed.
(2) Establish prohibited and restricted noxious-weed seed lists and provide for additions to them and deletions from them;
(3) Establish standards for items including, but not limited to, germination and purity for vegetable seed and flower seed;
(4) Adopt any labeling requirements additional to those of section 907.03 of the Revised Code that may be necessary to maintain the identification of seed in hermetically sealed packages or containers;
(5) Establish the species of native grass that are to be included in the definition of "native grass" for purposes of sections 907.01 to 907.17 of the Revised Code;
(6) Identify native grass seed that characteristically exhibits high inert matter;
(7) Establish the tolerance for agricultural, vegetable, and flower seed that is sold in this state;
(8) Establish the information that an applicant must provide on an application for a seed labeler permit that is filed under section 907.13 of the Revised Code;
(9) Establish any other provisions that are necessary to clarify or administer the labeling requirements established in sections 907.01 to 907.17 of the Revised Code.
(C) Establish and maintain seed testing facilities or enter into agreements under which other persons are responsible for performing seed testing, employ qualified persons, and incur expenses that are necessary to comply with this section and section 907.11 of the Revised Code;
(D) Provide for making purity analyses and germination tests of seeds for any person in this state;
(E) Regulate the number of samples that may be analyzed or tests that may be made for any person free of charge;
(F) Prescribe the period of time during the year when analyses and tests will be made free of charge;
(G) Establish a schedule of fees for making analyses and tests;
(H) Cooperate with the United States department of agriculture in enforcing federal seed laws.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 907 | Agricultural Seed › Section 907.11 | Enforcement Powers of Director.

Effective:
October 17, 2011
Latest Legislation:
House Bill 229 - 129th General Assembly
The director of agriculture or the director's authorized agent may:
(A) Enter any public or private place of business during regular business hours in order to gain access to any seed or records subject to sections 907.01 to 907.17 of the Revised Code or the rules and regulations adopted thereunder;
(B) In conformity with sections 907.01 to 907.17 of the Revised Code and the rules and regulations adopted thereunder, take samples of the seed or make copies of the records of anyone who sells seed;
(C) Issue a written or printed stop-sale order to the owner or custodian of any lot of seed, requiring it to be held at a designated place if found to be in violation of sections 907.01 to 907.17 of the Revised Code or any rules adopted thereunder. The seed shall be held until a release is issued in writing by the director or the director's authorized agent. A release shall not be issued until sections 907.01 to 907.17 of the Revised Code and the rules and regulations adopted thereunder have been complied with. The owner or custodian may appeal the stop-sale order in accordance with Chapter 119. of the Revised Code.
Last updated April 21, 2022 at 9:37 AM
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 907 | Agricultural Seed › Section 907.111 | Sole Authority of Department to Regulate Seed Within State.

Effective:
August 21, 2014
Latest Legislation:
Senate Bill 150 - 130th General Assembly
(A) The department of agriculture has sole and exclusive authority to regulate the registration, labeling, sale, storage, transportation, distribution, notification of use, use, and planting of seed within the state. The regulation of seed is a matter of general statewide interest that requires uniform statewide regulation, and this chapter and rules adopted under it constitute a comprehensive plan with respect to all aspects of the regulation of seed within this state.
(B) No political subdivision shall do any of the following:
(1) Regulate the registration, labeling, sale, storage, transportation, distribution, notification of use, use, or planting of seed;
(2) Require a person who has been issued a permit or license under this chapter to obtain a permit or license to operate in a manner described in this chapter or to satisfy any other condition except as provided by a statute or rule of this state or of the United States;
(3) Require a person who has registered a legume innoculant under this chapter to register that innoculant in a manner described in this chapter or to satisfy any other condition except as provided by a statute or rule of this state or of the United States.
(C) No political subdivision shall enact, adopt, or continue in effect local legislation relating to the permitting or licensure of any person who is required to obtain a permit or license under this chapter or to the registration, labeling, sale, storage, transportation, distribution, notification of use, use, or planting of seed.
(D) As used in this section, "political subdivision" and "local legislation" have the same meanings as in section 905.503 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 907 | Agricultural Seed › Section 907.12 | Seed Subject to Seizure - Disposition.

Effective:
October 29, 2003
Latest Legislation:
House Bill 143 - 125th General Assembly
Any lot of agricultural, vegetable, or flower seed not in compliance with sections 907.01 to 907.17 of the Revised Code shall be subject to seizure on complaint of the director of agriculture to a court of competent jurisdiction in the locality in which the seed is located. If the court orders the condemnation of the seed, the seed shall be denatured, destroyed, or otherwise disposed of in compliance with the laws of this state, provided that the court shall not order such disposition without giving the claimant an opportunity to apply to the court for the release of the seed or for permission to process or relabel it so as to be in compliance with sections 907.01 to 907.17 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 907 | Agricultural Seed › Section 907.13 | Seed Inspection Fee Tags or Labels.

Effective:
July 17, 2009
Latest Legislation:
House Bill 1 - 128th General Assembly
No person shall label agricultural, vegetable, or flower seed that is intended for sale in this state unless the person holds a valid seed labeler permit that has been issued by the director of agriculture in accordance with this section.
A person who wishes to obtain a seed labeler permit shall file an application with the director on a form that the director provides and shall submit a permit fee in the amount of ten dollars. Such a person who labels seed under more than one name or at more than one address shall obtain a separate seed labeler permit and pay a separate permit fee for each name and address.
The applicant shall include the applicant's full name and address on the application together with any additional information that the director requires by rules adopted under section 907.10 of the Revised Code. If the applicant's address is not within this state or it does not represent a location in this state where the director can collect samples of the applicant's seed for analysis, then the applicant shall include on the application an address within this state where samples of the applicant's seed may be collected for those purposes or shall agree to provide the director or the director's authorized representative with seeds for sampling upon request.
Upon receipt of a complete application accompanied by the ten-dollar permit fee, the director shall issue a seed labeler's permit to the applicant. All seed labeler permits that are issued under this section shall expire on the thirty-first day of December of each year regardless of the date on which a permit was issued during that year.
Each person who obtains a seed labeler permit shall label the seed that the person intends for sale in this state in accordance with the requirements established in sections 907.01 to 907.17 of the Revised Code. Each person who holds a valid seed labeler permit shall keep the permit posted in a conspicuous place in the principal seed room from which the person sells seed and shall comply with the reporting and fee requirements that are established in section 907.14 of the Revised Code.
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 907 | Agricultural Seed › Section 907.15 | Suspension, Revocation, or Refusal to Issue Permit to Label Seed.

Effective:
October 29, 2003
Latest Legislation:
House Bill 143 - 125th General Assembly
The director of agriculture may suspend, revoke, or refuse to issue a permit to label seed for any violation of sections 907.01 to 907.17 of the Revised Code. No permit to label seed shall be suspended or revoked except for failure to pay either the fee or penalty provided in section 907.14 of the Revised Code until the permit holder has been given a hearing by the director in regard to the proposed suspension or revocation or unless a hearing is waived by the nonappearance of the permit holder at the time and place designated by the director. Any appeal from any such suspension, revocation, or refusal shall be made within thirty days after the suspension, revocation, or refusal.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 907 | Agricultural Seed › Section 907.17 | Jurisdiction.

Effective:
October 2, 1974
Latest Legislation:
House Bill 554 - 110th General Assembly
Whenever the director of agriculture finds that any person has violated sections 907.01 to 907.17 of the Revised Code, he may institute proceedings in a court of competent jurisdiction in the county in which the alleged violation occurred, or he may file the necessary evidence with the attorney general or with the prosecuting attorney of the county where the alleged violation occurred. The attorney general or the prosecuting attorney shall institute proceedings against any person so charged if the evidence warrants such action. After judgment by the court, the director shall publish any information pertinent to the issuance of judgment in such media as he designates.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 907 | Agricultural Seed › Section 907.27 | Inoculants and Inoculant Treated Seed Definitions.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
As used in sections 907.27 to 907.35, inclusive, of the Revised Code:
(A) "Person" includes any individual, firm, partnership, corporation, company, society, or association.
(B) "Distribute" means to offer for sale, hold for sale, sell, barter, or otherwise supply legume inoculants or pre-inoculated seed.
(C) "Legume inoculant" means a pure or mixed culture of bacteria of the genus rhizobium capable of effectively inoculating a specific kind or specific kinds of legume plants.
(D) "Brand" means a term, word, number, symbol, design, trademark, or any combination thereof used on the package, tag, or in advertising to identify the legume inoculants of a manufacturer or distributor and to distinguish them from those of others and from each other if on different media or substrata.
(E) "Advertisement" means all representations other than those on the label, disseminated in any manner or by any means relating to legume inoculants and pre-inoculated seed.
(F) "Label" means any written or printed matter on the package of legume inoculant or pre-inoculated seeds, or tag attached thereto, or to the pertinent invoice.
(G) "Registrant" means a person who has currently registered a brand of inoculant.
(H) "Pre-inoculated seeds" means legume seeds which have received prior to sale an application of a legume inoculant purported to be effective until the expiration date shown on the label.
(I) "Custom inoculated seeds" means legume seeds to which application of a legume inoculant is made either at the time of the sale of the seed, or later, or to seed belonging to another person either as a service or as a part of the sales contract involving the sale or distribution either of the legume inoculant or seed not previously inoculated. It also includes subsequent application of legume inoculant to pre-inoculated seed when applied by a custom inoculator.
(J) "Sell" includes transfer of ownership or custody, or the receiving of, accepting, or holding on consignment for sale.
Last updated September 25, 2023 at 2:50 PM
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 907 | Agricultural Seed › Section 907.28 | Registration of Brand of Legume Inoculants.

Effective:
June 15, 2006
Latest Legislation:
Senate Bill 189 - 126th General Assembly
No person shall manufacture or distribute any type of legume inoculant or pre-inoculated seeds in this state until the person has registered the brand of the legume inoculant with the director of agriculture. Applications for registration shall be made on forms obtainable from the director and shall be accompanied by the fee prescribed in section 907.31 of the Revised Code. A copy of each label used with each brand shall be attached to the application form at the time of filing.
(A) Each application for registration of a brand of legume inoculant shall state:
(1) The name and address of the person responsible for distribution of the legume inoculant culture;
(2) The name of the group or groups of plants for which the brand is represented to be effective;
(3) The name or nature of medium or substrata upon which marketed;
(4) The name of the brand of the pure or mixed culture of legume inoculant being registered.
(B) All registrations shall expire each year on the thirty-first day of December and shall be renewed according to the standard renewal procedure of sections 4745.01 to 4745.03 of the Revised Code.
(C) No other person shall be required to register a brand of legume inoculant if the manufacturer has already registered the brand.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 907 | Agricultural Seed › Section 907.29 | Label Information.

Effective:
January 1, 1966
Latest Legislation:
House Bill 615 - 106th General Assembly
(A) Each container of legume inoculant culture which is distributed in this state shall bear thereon or have attached thereto in a conspicuous place on the outside thereof a plainly written or printed label in the English language the following information:
(1) The name and address of the person responsible for the distribution of the legume inoculant;
(2) The name of the group or groups of plants for which the brand is represented to be effective;
(3) The name of the brand of the pure or mixed culture of legume inoculant and lot number;
(4) The rate at which the legume inoculant culture is to be applied;
(5) Date beyond which the legume inoculant is not claimed to be effective.
(B) Each container of pre-inoculated seed which is distributed in this state shall bear thereon or have attached thereto in a conspicuous place a plainly written or printed label in the English language giving the following information:
(1) The name and address of the person responsible for the distribution;
(2) The brand and lot number of the legume inoculant used to pre-inoculate the seed;
(3) Date beyond which the legume inoculant is not claimed to be effective.
(C) Pre-inoculated seed which is sold or delivered in bulk, or custom inoculated seed which is returned to the owner shall be labeled as under division (B) of this section; except that, the required information may be added or attached to the invoice or delivery ticket which shall be delivered to the purchaser along with the seed.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 907 | Agricultural Seed › Section 907.31 | Registration and Inspection Fees.

Effective:
July 17, 2009
Latest Legislation:
House Bill 1 - 128th General Assembly
Any person who submits an application for the registration of a brand of legume inoculant shall pay annually, prior to the first day of January, a registration and inspection fee in the amount of fifty dollars per brand.
The registration shall be renewed according to the standard renewal procedure established in Chapter 4745. of the Revised Code.
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 907 | Agricultural Seed › Section 907.32 | Enforcement Powers of Director.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
The director of agriculture may:
(A) Refuse to register a brand of legume inoculant or the director may cancel a registration that previously has been approved when, in the director's opinion, the brand of legume inoculant is distributed under false or misleading claims;
(B) Issue a stop sale order on any legume inoculant or pre-inoculated seed that is not registered, that is improperly or insufficiently labeled, that is offered for sale after the expiration date printed thereon, or that has been subjected to devitalizing conditions.
Last updated September 25, 2023 at 2:51 PM
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 907 | Agricultural Seed › Section 907.33 | Regulations.

Effective:
January 1, 1966
Latest Legislation:
House Bill 615 - 106th General Assembly
The director of agriculture, subject to sections 119.01 to 119.13, inclusive, of the Revised Code, may promulgate, adopt, and enforce regulations to carry into effect sections 907.27 to 907.35, inclusive, of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 907 | Agricultural Seed › Section 907.34 | Prohibited Acts.

Effective:
January 1, 1966
Latest Legislation:
House Bill 615 - 106th General Assembly
No person shall violate sections 907.27 to 907.35, inclusive, of the Revised Code, or any rule, regulation, or order of the director of agriculture promulgated under such sections in accordance with sections 119.01 to 119.13, inclusive, of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 907 | Agricultural Seed › Section 907.35 | Prosecutions.

Effective:
November 13, 1992
Latest Legislation:
Senate Bill 331 - 119th General Assembly
When the director of agriculture finds that any person has violated sections 907.27 to 907.35 of the Revised Code, or any rules adopted thereunder, he may file with the attorney general, the prosecuting attorney, or city director of law in the jurisdiction where the violation occurred, or where the person lives, with view of prosecution, the necessary evidence. The attorney general, the prosecuting attorney, or city director of law of the county wherein the offense was committed or where the person lives shall institute proceedings against any person charged with violation of such sections if the evidence warrants such action. After judgment by the court, the director may publish any information pertinent to the issuance of judgment, in such media as he designates.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 907 | Agricultural Seed › Section 907.41 | Coloration of Seed or Grain Definitions.

Effective:
July 1, 1966
Latest Legislation:
House Bill 394 - 106th General Assembly
As used in sections 907.41 to 907.47, inclusive, of the Revised Code:
(A) "Grain" means whole seeds or entire grains or any altered form thereof of wheat, corn, oats, rye, barley, and sorghum or any other large seeded cereal, field peas, field beans, soybeans, or any other large seeded legume.
(B) "Treat" means to apply a substance designed to control or repel plant disease organisms, insects, or other pests of such grain or the seedlings thereof.
(C) "Seed treatment material" means a substance used to control or repel plant disease organisms, insects, or other pests of such grain or the seedlings thereof, provided however that the term does not include substances to the extent that they are used to control pests of stored grain.
(D) "Person" includes any individual, partnership, corporation, company, society, association, receiver, trustee, or any agent thereof engaged in the handling of agricultural or vegetable seeds, or seed treatment material.
(E) "Sell" includes transfer of ownership or custody, or the receiving of, accepting, or holding on consignment for sale.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 907 | Agricultural Seed › Section 907.42 | Poisonous Seed Treatment Material Standards.

Effective:
July 1, 2004
Latest Legislation:
Senate Bill 217 - 124th General Assembly
No person shall sell, distribute, or have in the person's possession for sale, a poisonous seed treatment material in the state unless the material meets the color standards or specifications that are established by the director of agriculture pursuant to section 907.43 of the Revised Code. Products sold and distributed as seed treatments shall conform to directions for use on labels accepted for registration under Chapter 921. of the Revised Code and the federal "Insecticide, Fungicide and Rodenticide Act," 61 Stat. 163 (1947), 7 U.S.C.A. 135, as amended.