reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 902 | Agricultural Financing › Section 902.09 | Protection and Enforcement of Rights of Bondholder and Trustees.

Effective:
January 11, 1985
Latest Legislation:
House Bill 826 - 115th General Assembly
(A) Any holder of bonds issued pursuant to this chapter or a trustee under a trust agreement or indenture of mortgage entered into pursuant to section 902.07 of the Revised Code, except to the extent that their rights are restricted by the bond proceedings or by the terms of the bonds, may by any suitable form of legal proceedings, protect and enforce any rights under the laws of this state or granted by the bond proceedings. Such rights include the right to compel the performance of all duties of the issuer required by this chapter or the bond proceedings; to enjoin unlawful activities; and in the event of default with respect to the payment of any principal of and interest on any bond or in the performance of any covenant or agreement on the part of the issuer in the resolution, ordinance, trust agreement, or indenture, to apply to a court having jurisdiction of the cause to appoint a receiver to administer and operate the pledged facilities, the rentals, revenues, and other income, charges, and moneys of which are pledged to the payment of principal of and interest on such bonds or which are the subject of the covenant or agreement, with full power to pay, and to provide for payment of, principal of and interest on such bonds, and with such powers, subject to the direction of the court, as are accorded receivers in general equity cases, excluding any power to pledge additional rentals, revenues, or other income, charges, or moneys of the issuer, including those derived from taxation, to the payment of such principal and interest; and to foreclose the mortgage on the pledged facilities in the same manner as for real estate of private corporations.
(B) No law heretofore or hereafter enacted providing for a moratorium, postponement, or restraint upon the rights or remedies of a mortgagee or secured party to enforce a security interest, whether by foreclosure, collection or taking possession, judicial or other sale or disposition, or by any other means, shall apply to a security interest in all or any part of pledged facilities or in any way restrict, preclude, or otherwise impair the rights or remedies of the holders of bonds issued under this chapter or of any insurer, guarantor, or provider of a letter of credit or other credit facility or security enhancement arrangement pertaining to loans made or bonds issued under this chapter. The provisions of this division may be included as a covenant in any agreement with the holders of bonds or any insurer, guarantor, or provider of a letter of credit or other credit facility or security enhancement arrangement pertaining to loans made or bonds issued under this chapter.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 902 | Agricultural Financing › Section 902.10 | Bonds Are Lawful Investments.

Effective:
November 2, 1999
Latest Legislation:
House Bill 222 - 123rd General Assembly
All bonds issued under this chapter are lawful investments of banks, societies for savings, savings and loan associations, deposit guarantee associations, trust companies, trustees, fiduciaries, insurance companies, including domestic for life and domestic not for life, trustees or other officers having charge of sinking and bond retirement or other special funds of political subdivisions and taxing districts of this state, the commissioners of the sinking fund of the state, the administrator of workers' compensation, the state teachers retirement system, the public employees retirement system, the school employees retirement system, and the Ohio police and fire pension fund, notwithstanding any other provision of the Revised Code or rules adopted pursuant thereto by any governmental agency of the state with respect to investments by them, and are acceptable as security for the deposit of public moneys.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 902 | Agricultural Financing › Section 902.11 | Property Subject to Taxes and Zoning, Planning and Building Regulations.

Effective:
October 21, 2003
Latest Legislation:
Senate Bill 37, House Bill 95 - 125th General Assembly
(A) Any real or personal property, or both, of an issuer that is acquired, constructed, reconstructed, enlarged, improved, furnished, or equipped, or any combination thereof, and leased or subleased under authority of this chapter shall be subject to ad valorem, sales, use, and franchise taxes and to zoning, planning, and building regulations and fees, to the same extent and in the same manner as if the lessee-user or sublessee-user thereof, rather than the issuer, had acquired, constructed, reconstructed, enlarged, improved, furnished, or equipped, or any combination thereof, such real or personal property, and title thereto was in the name of such lessee-user or sublessee-user.
The transfer of tangible personal property by lease or sublease under authority of this chapter is not a sale as used in Chapter 5739. of the Revised Code. The exemptions provided in divisions (B)(1) and (13) of section 5739.02 of the Revised Code shall not be applicable to purchases for a project under this chapter.
An issuer shall be exempt from all taxes on its real or personal property, or both, that has been acquired, constructed, reconstructed, enlarged, improved, furnished, or equipped, or any combination thereof, under this chapter so long as such property is used by the issuer for purposes that would otherwise exempt such property; has ceased to be used by a former lessee-user or sublessee-user and is not occupied or used; or has been acquired by the issuer but development has not yet commenced. The exemption shall be effective as of the date the exempt use begins. All taxes on the exempt real or personal property for the year should be prorated and the taxes for the exempt portion of the year shall be remitted by the county auditor.
(B) Bonds issued under this chapter, the transfer thereof, and the interest and other income from the bonds, including any profit made on the sale thereof, are free from taxation within the state.
The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 902 | Agricultural Financing › Section 902.12 | Special Assessments.

Effective:
January 11, 1985
Latest Legislation:
House Bill 826 - 115th General Assembly
When a special assessment is made on real property owned by an issuer and leased under authority of this chapter, the installments of the assessment shall be paid by the lessee of such real property so long as such property is leased and any installment thereof remaining unpaid at the termination of any such lease shall thereafter be paid by the issuer so long as such property is owned by it.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 903 | Concentrated Animal Feeding Facilities › Section 903.06 | Insect and Rodent Control Plan [See Section 3 of h.b. 363 of the 128th General Assembly].

Effective:
December 22, 2009
Latest Legislation:
House Bill 363 - 128th General Assembly
(A) As used in this section, "plan" means an insect and rodent control plan prepared under this section.
(B) An owner or operator of a concentrated animal feeding facility shall prepare and submit to the director of agriculture in accordance with rules an insect and rodent control plan designed to minimize the presence and negative effects of insects and rodents at the concentrated animal feeding facility and in surrounding areas, including land on which manure is stored or applied. The plan shall conform to best management practices established in rules. The director shall approve or deny the plan within the time period established in rules by the director and may require modification of the plan at that time or a later time in accordance with rules.
(C) On and after the date that is established in rules by the director, no person shall own or operate a concentrated animal feeding facility unless an insect and rodent control plan for the facility has been approved by the director. The owner or operator of a concentrated animal feeding facility shall not violate the facility's insect and rodent control plan.
(D) The director shall enforce an insect and rodent control plan in accordance with rules and shall assess a civil penalty in accordance with rules and section 903.16 of the Revised Code against an owner or operator of a concentrated animal feeding facility who owns or operates it without a plan approved by the director or who violates the facility's plan.
Last updated January 19, 2022 at 1:07 PM
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 903 | Concentrated Animal Feeding Facilities › Section 903.07 | Livestock Manager Certification [See Section 3 of h.b. 363 of the 128th General Assembly].

Effective:
December 29, 2023
Latest Legislation:
Senate Bill 131 - 134th General Assembly
(A) On and after the date that is established in rules by the director of agriculture, both of the following apply:
(1) The management and handling of manure at a major concentrated animal feeding facility, including the land application of manure or the removal of manure from a manure storage or treatment facility, shall be conducted only by or under the supervision of a person holding a livestock manager certification issued under this section. A person managing or handling manure who is acting under the instructions and control of a person holding a livestock manager certification is considered to be under the supervision of the certificate holder if the certificate holder is responsible for the actions of the person and is available when needed even though the certificate holder is not physically present at the time of the manure management or handling.
(2) No person shall transport and land apply annually or buy, sell, or land apply annually the volume of manure established in rules adopted by the director under division (D)(5) of section 903.10 of the Revised Code unless the person holds a livestock manager certification issued under this section.
(B) Except as provided in division (D) of this section, the director shall issue a livestock manager certification to a person who has submitted a complete application for certification on a form prescribed and provided by the director, together with the appropriate application fee, and who has completed successfully the required training and has passed the required examination. The director may suspend or revoke a livestock manager certification and may reinstate a suspended or revoked livestock manager certification in accordance with rules.
(C) Information required to be included in an application for a livestock manager certification, the amount of the application fee, requirements regarding training and the examination, requirements governing the management and handling of manure, including the land application of manure, and requirements governing the keeping of records regarding the handling of manure, including the land application of manure, shall be established in rules.
(D) The director shall issue a livestock manager certification in accordance with Chapter 4796. of the Revised Code to an individual if either of the following applies:
(1) The individual holds a certification in another state.
(2) The individual has satisfactory work experience, a government certification, or a private certification as described in that chapter as a livestock manager in a state that does not issue that license.
Last updated December 29, 2023 at 7:33 AM
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 903 | Concentrated Animal Feeding Facilities › Section 903.081 | Permits Not to Be Granted.

Effective:
December 22, 2009
Latest Legislation:
House Bill 363 - 128th General Assembly
(A) For purposes of section 903.08 of the Revised Code, no person shall approve all or portions of a NPDES permit if the person receives or has received during the two years prior to the receipt of an application for a NPDES permit a significant portion of income from any NPDES permittee or any applicant for a NPDES permit. In addition, no person may serve on a board or commission that approves all or portions of a NPDES permit, including taking such action pursuant to an appeal of a NPDES permit, if the person receives or has received during the two years prior to serving on the board or commission or to the filing of the appeal a significant portion of income from any NPDES permittee or any applicant for a NPDES permit.
(B) As used in this section:
(1) "Significant portion of income" means ten per cent or more of gross personal income in a calendar year or fifty per cent or more of gross personal income in a calendar year if the recipient of the income is more than sixty years of age and is receiving that portion of income under retirement benefits, including a pension or similar arrangement.
(2) "Income" includes retirement benefits, consultant fees, and stock dividends. "Income" does not include mutual fund payments or other diversified investments for which the recipient does not know the identity of the primary sources of the income.
(3) "Permittee" and "applicant for a NPDES permit" does not include any department or agency of the state.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 903 | Concentrated Animal Feeding Facilities › Section 903.082 | Determination of Size of Concentrated Animal Feeding Facility by Director.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) The director of agriculture may determine that an animal feeding facility that is not a concentrated animal feeding facility nevertheless shall be required to apply for and receive a permit to operate when all of the following apply:
(1) The director has specified a corrective action to be taken under section 939.07 of the Revised Code.
(2) The director or the director's authorized representative has inspected the animal feeding facility.
(3) The director or the director's authorized representative finds that the facility is not being operated in a manner that protects the waters of the state.
(B) In a situation in which best management practices cannot be implemented without modifying the existing animal feeding facility, the owner or operator of the facility shall apply for a permit to install for the facility.
(C) In the case of an animal feeding facility for which a permit to operate is required under this section, a permit to operate shall not be required after the end of the five-year term of the permit if the problems that caused the facility to be required to obtain the permit have been corrected to the director's satisfaction.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 903 | Concentrated Animal Feeding Facilities › Section 903.11 | Contracts or Agreements to Carry Out Purposes of Chapter.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) The director of agriculture may enter into contracts or agreements to carry out the purposes of this chapter with any public or private person, including OSU extension, the natural resources conservation service in the United States department of agriculture, the environmental protection agency, and soil and water conservation districts established under Chapter 940. of the Revised Code. However, the director shall not enter into a contract or agreement with a private person for the review of applications for permits to install, permits to operate, or NPDES permits that are issued under this chapter or for the inspection of a facility regulated under this chapter or with any person for the issuance of any of those permits or for the enforcement of this chapter and rules adopted under it.
(B) The director may administer grants and loans using moneys from the federal government and other sources, public or private, for carrying out any of the director's functions. Nothing in this chapter shall be construed to limit the eligibility of owners or operators of animal feeding facilities or other agricultural enterprises to receive moneys from the water pollution control loan fund established under section 6111.036 of the Revised Code and the nonpoint source pollution management fund established under section 6111.037 of the Revised Code.
The director of agriculture shall provide the director of environmental protection with written recommendations for providing financial assistance from those funds to agricultural enterprises. The director of environmental protection shall consider the recommendations in developing priorities for providing financial assistance from the funds.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 903 | Concentrated Animal Feeding Facilities › Section 903.12 | Right of Entry for Investigations and Inspections.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) The director of agriculture or the director's authorized representative at reasonable times may enter on any public or private property, real or personal, to make investigations and inspections, including the sampling of discharges and the inspection of discharge monitoring equipment, or to otherwise execute duties that are necessary for the administration and enforcement of this chapter. The director or the director's authorized representative at reasonable times may examine and copy any records pertaining to discharges that are subject to this chapter or any records that are required to be maintained by the terms and conditions of a permit issued under this chapter. If refused entry, the director or the director's authorized representative may apply for and the court of common pleas having jurisdiction may issue an appropriate warrant.
(B) No person to whom a permit has been issued under this chapter shall refuse entry to the director or the director's authorized representative or purposely hinder or thwart the director or the director's authorized representative in the exercise of any authority granted under division (A) of this section.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 903 | Concentrated Animal Feeding Facilities › Section 903.13 | Affirmative Defenses in Private Civil Action for Nuisance.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
In a private civil action for an alleged nuisance related to agricultural activities conducted at a concentrated animal feeding facility, it is an affirmative defense if the person owning, operating, or otherwise responsible for the concentrated animal feeding facility is in compliance with best management practices established in the installation permit or permit to operate issued for the concentrated animal feeding facility and the agricultural activities do not violate federal, state, and local laws governing nuisances.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 903 | Concentrated Animal Feeding Facilities › Section 903.14 | Submission to Nonbinding Arbitration Prior to Filing Private Civil Action for Nuisance.

Effective:
March 15, 2001
Latest Legislation:
Senate Bill 141 - 123rd General Assembly
Prior to filing a private civil action for an alleged nuisance related to agricultural activities conducted at a concentrated animal feeding facility, the parties to the dispute shall submit the dispute to an arbitrator for nonbinding arbitration. The parties shall pay the arbitrator a reasonable compensation based on the extent and duration of actual service rendered. The cost of the arbitrator's services shall be divided proportionately among the parties.
If the decision reached by the arbitrator is not accepted by all parties to the dispute, the complaining parties may file a civil action and the claim shall proceed as if it had not been submitted to nonbinding arbitration. No oral or written statement prepared for or made in the nonbinding arbitration by the arbitrator or any of the parties, including any mental impression, recommendation, or decision by the arbitrator, is subject to discovery or admissible into evidence in any litigation or proceeding for any purpose, including impeachment. The arbitrator shall be disqualified as a witness, consultant, or expert on any subject that is related to the arbitration.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 903 | Concentrated Animal Feeding Facilities › Section 903.15 | Submitting Complaint to Director.

Effective:
December 22, 2009
Latest Legislation:
House Bill 363 - 128th General Assembly
(A) A person may submit a complaint to the director of agriculture regarding a concentrated animal feeding facility or the discharge of a pollutant from an animal feeding operation. The complaint may be made orally or in writing. If the complaint is made in writing, it shall be signed by the person making it and dated.
(B) After receiving a written, signed, and dated complaint, the director shall, or after receiving an oral complaint the director may, cause an investigation to be conducted to determine if the owner or operator of the concentrated animal feeding facility is complying with this chapter, rules adopted under it, or any terms and conditions of any permit issued under it or to determine if a discharge of a pollutant is occurring or has occurred at the animal feeding operation.
(C)(1) If, upon completion of the investigation, the director determines that the owner or operator is in compliance with this chapter, rules adopted under it, or any terms and conditions of any permit issued under it or determines that a discharge of a pollutant is not occurring or has not occurred at the animal feeding operation, the director shall dismiss the complaint and notify the complainant and the owner or operator of the concentrated animal feeding facility or animal feeding operation, whichever is applicable, of the dismissal.
(2) If the director determines that the owner or operator is not in compliance with this chapter, rules adopted under it, or any terms and conditions of any permit issued under it or determines that a discharge of a pollutant is occurring or has occurred at the animal feeding operation, the director shall proceed in accordance with section 903.16 or 903.17 of the Revised Code, or both, as applicable.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 903 | Concentrated Animal Feeding Facilities › Section 903.18 | Issuing Emergency Orders.

Effective:
March 15, 2001
Latest Legislation:
Senate Bill 141 - 123rd General Assembly
(A) Notwithstanding sections 903.16 and 903.17 of the Revised Code, if the director of agriculture determines that an emergency exists requiring immediate action to protect the public health or safety or the environment, the director may issue an order, without notice or adjudication hearing, stating the existence of the emergency and requiring that action be taken that is necessary to meet the emergency. The order shall take effect immediately. A person to whom the order is directed shall comply immediately, but on application to the director shall be afforded an adjudication hearing in accordance with Chapter 119. of the Revised Code as soon as possible and not later than thirty days after application. On the basis of the hearing, the director shall continue the order in effect, revoke it, or modify it. The director's order is appealable in accordance with section 119.12 of the revised code. No emergency order shall remain in effect for more than one hundred twenty days after its issuance.
(B) A person that is responsible for causing or allowing the unauthorized spill, release, or discharge of manure that requires emergency action to protect public health or safety or the environment is liable to the director for the costs incurred in investigating, mitigating, minimizing, removing, or abating the spill, release, or discharge. Upon request of the director, the attorney general shall bring a civil action against the responsible person or persons to recover those costs. Moneys recovered under this division shall be paid into the state treasury to the credit of the livestock management fund.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 903 | Concentrated Animal Feeding Facilities › Section 903.19 | Livestock Management Fund.

Effective:
March 15, 2001
Latest Legislation:
Senate Bill 141 - 123rd General Assembly
All money collected by the director of agriculture from application fees under sections 903.02, 903.03, 903.07, and 903.08 of the Revised Code, all money collected from civil penalties under sections 903.16 and 903.17 of the Revised Code, and all money collected under division (B) of section 903.18 of the Revised Code shall be deposited in the livestock management fund, which is hereby created in the state treasury. Money credited to the fund shall be used solely in the administration of this chapter.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 903 | Concentrated Animal Feeding Facilities › Section 903.25 | Other Permits of Political Subdivisions May Not Be Required.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
An owner or operator of an animal feeding facility who holds a permit to install, a permit to operate, or a NPDES permit or who is operating under an operation and management plan, as defined in section 939.01 of the Revised Code, developed or approved by the director of agriculture under section 939.02 of the Revised Code or by the supervisors of the appropriate soil and water conservation district under section 940.06 of the Revised Code shall not be required by any political subdivision of the state or any officer, employee, agency, board, commission, department, or other instrumentality of a political subdivision to obtain a license, permit, or other approval pertaining to manure, insects or rodents, odor, or siting requirements for installation of an animal feeding facility.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 903 | Concentrated Animal Feeding Facilities › Section 903.30 | Violation of National Pollutant Discharge Elimination System and Livestock Management Duties; Prosecution.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) No person shall violate or fail to perform any duty required by division (B)(1), (C)(1), (F), (K), or (M)(1) or (2) of section 903.08 of the Revised Code or the NPDES provisions of a permit to operate, violate a rule adopted pursuant to those divisions, or violate an order issued pursuant to those divisions or a term or condition of an NPDES permit issued by the director of agriculture.
(B) No person shall violate or fail to perform any duty required by sections 903.01 to 903.07 of the Revised Code, violate a rule, or violate an order or term or condition of a permit issued by the director under those sections or rules.
(C) The attorney general, upon the written request of the director, shall prosecute any person who violates division (A) or (B) of this section.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 903 | Concentrated Animal Feeding Facilities › Section 903.40 | Application of Manure.

Effective:
July 3, 2015
Latest Legislation:
Senate Bill 1 - 131st General Assembly
(A) No person, for the purposes of agricultural production as defined in section 905.31 of the Revised Code, shall apply manure obtained from a concentrated animal feeding facility issued a permit under this chapter unless one of the following applies:
(1) The person has been issued a livestock manager certification under section 903.07 of the Revised Code.
(2) The person has been certified under this section to apply the manure by the director of agriculture.
(B) The director shall issue, renew, and deny certifications for the purposes of division (A)(2) of this section in the manner established in sections 905.321 and 905.322 of the Revised Code and rules adopted under the latter section for the certification of fertilizer applicators. Procedures, requirements, and other provisions that are established in those sections and rules apply to the certification of persons under division (A)(2) of this section. For purposes of that application, references in sections 905.321 and 905.322 of the Revised Code to "fertilizer" are deemed to be replaced with references to "manure."
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 903 | Concentrated Animal Feeding Facilities › Section 903.99 | Penalty.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) Whoever negligently violates division (A) of section 903.30 of the Revised Code shall be fined not more than ten thousand dollars or imprisoned for not more than ninety days, or both. Each day of violation constitutes a separate offense. For purposes of this division, notwithstanding division (D) of section 2901.22 of the Revised Code, a person acts negligently when, because of a lapse from due care, the person fails to perceive or avoid a risk that the person's conduct may cause a certain result or may be of a certain nature. A person is negligent with respect to circumstances when, because of a lapse from due care, the person fails to perceive or avoid a risk that such circumstances may exist.
(B) Whoever recklessly violates division (A) or (B) of section 903.30 of the Revised Code shall be fined not more than ten thousand dollars or imprisoned for not more than one year, or both. Each day of violation constitutes a separate offense.
(C) Whoever knowingly violates division (A) or (B) of section 903.30 of the Revised Code is guilty of a felony and shall be fined not more than twenty-five thousand dollars or imprisoned for not more than three years, or both. Each day of violation constitutes a separate offense.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 904 | Ohio Livestock Care Standards Board › Section 904.01 | Definitions.

Effective:
March 31, 2010
Latest Legislation:
House Bill 414 - 128th General Assembly
As used in this chapter, "livestock" means either of the following:
(A) Equine animals regardless of the purpose for which they are raised;
(B) Any of the following animals that are raised for human food products or fiber:
(1) Porcine animals;
(2) Bovine animals;
(3) Caprine animals;
(4) Ovine animals;
(5) Poultry;
(6) Alpacas;
(7) Llamas;
(8) Any other animal designated in rules adopted under section 904.03 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 904 | Ohio Livestock Care Standards Board › Section 904.03 | Factors to Be Considered in Adopting Rules Governing Care and Well-Being of Livestock.

Effective:
March 31, 2010
Latest Legislation:
House Bill 414 - 128th General Assembly
(A) The Ohio livestock care standards board shall adopt rules in accordance with Chapter 119. of the Revised Code governing the care and well-being of livestock in this state. In adopting those rules, the board shall consider the following factors:
(1) Best management practices for the care and well-being of livestock;
(2) Biosecurity;
(3) The prevention of disease;
(4) Animal morbidity and mortality data;
(5) Food safety practices;
(6) The protection of local, affordable food supplies for consumers;
(7) Generally accepted veterinary medical practices, livestock practice standards, and ethical standards established by the American veterinary medical association;
(8) Any other factors that the board considers necessary for the proper care and well-being of livestock in this state.
With regard to organic producers that are certified by the United States department of agriculture under the national organic program, if there is a conflict between the rules adopted under this section and the standards established by the United States department of agriculture under the national organic program, the standards established under the national organic program shall prevail.
(B) The board shall adopt rules in accordance with Chapter 119. of the Revised Code that establish the amount of civil penalties to be assessed against persons who violate the rules adopted under division (A) of this section.
(C) The rules adopted under this section do not apply to animals that are used in agricultural, biological, or biomedical research or confined in research or medical facilities that operate in accordance with "The Guide for the Care and Use of Agricultural Animals in Research and Teaching" published by the federation of animal science societies or "The Guide for the Care and Use of Laboratory Animals" published by the national academy of sciences.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 904 | Ohio Livestock Care Standards Board › Section 904.05 | Prohibited Acts.

Effective:
March 31, 2010
Latest Legislation:
House Bill 414 - 128th General Assembly
No person shall do either of the following:
(A) Falsify any plans, specifications, data, reports, records, or other information required by this chapter or rules adopted under it to be kept or submitted to the director of agriculture or the Ohio livestock care standards board;
(B) Violate any provision of this chapter or any order, rule, or determination of the director or board issued, adopted, or made under this chapter or rules adopted under it.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 904 | Ohio Livestock Care Standards Board › Section 904.06 | Ohio Livestock Care Standards Fund.

Effective:
March 31, 2010
Latest Legislation:
House Bill 414 - 128th General Assembly
(A) Until the general assembly appropriates money for the purposes of this chapter and rules adopted under it, the director of agriculture shall request the controlling board to authorize the transfer of all or part of an appropriation from any fund administered by the department of agriculture to the Ohio livestock care standards fund created in division (B) of this section.
(B) All money appropriated by the general assembly for use by the Ohio livestock care standards board, money transferred from any fund administered by the department as provided in division (A) of this section, and all money donated to the department or the board for the purposes of advancing livestock care shall be deposited in the state treasury to the credit of the Ohio livestock care standards fund, which is hereby created.
(C) Money credited to the fund shall be used by the director to carry out the purposes of this chapter, including the administration and enforcement costs of the department and the compensation of employees of the board.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 904 | Ohio Livestock Care Standards Board › Section 904.07 | Authority Not to Apply to County Human Societies or County Officials.

Effective:
March 31, 2010
Latest Legislation:
House Bill 414 - 128th General Assembly
The authority granted to the Ohio livestock care standards board and the director of agriculture by this chapter does not detract from or expand the authority or obligations of county humane societies or county officials under Chapter 1717. of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 904 | Ohio Livestock Care Standards Board › Section 904.08 | Authority Not to Apply to Food Processing Production Activity Regulated by Department of Agriculture.

Effective:
March 31, 2010
Latest Legislation:
House Bill 414 - 128th General Assembly
The authority granted to the Ohio livestock care standards board and the director of agriculture by this chapter does not apply to food processing production activity that is regulated by the department of agriculture under Title IX of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 905 | Agricultural Additives and Lime; Fertilizer › Section 905.01 | Agricultural Additive Definitions.

Effective:
November 5, 1981
Latest Legislation:
House Bill 117 - 114th General Assembly
As used in sections 905.01 to 905.11 of the Revised Code:
(A) "Distributor" means a person who offers for sale, sells, trades, or supplies an agricultural additive.
(B) "Manufacturer" means a person who mines, extracts, processes, refines, blends, or mixes an agricultural additive.
(C) "Registrant" means the manufacturer who registers an agricultural additive under sections 905.01 to 905.11 of the Revised Code.
(D) "Agricultural additive" means any substance or mixture that is intended to improve for agricultural production purposes the physical, chemical, or biological characteristics of soil or other growth medium or to improve otherwise crop production, plant growth, product quality, or yield prior to harvest, but excludes fertilizers, agricultural liming materials, pesticides, fertilizer pesticide mixtures, rhizobial inoculants, peat, peat moss, pine bark, gypsum, perlite, sand, unmanipulated animal or vegetable manures, mulches, and any other substances or mixtures that are excluded from this definition by rule of the director of agriculture.
(E) "Active ingredient" means any ingredient from which an agricultural additive derives all or part of its value or effectiveness and that is defined in the current edition of Merck's Chemical Index or recorded in Chemical Abstracts.
(F) "Inert ingredient" means an ingredient that is not active.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 905 | Agricultural Additives and Lime; Fertilizer › Section 905.02 | Selling or Exchanging Unregistered Agricultural Additive.

Effective:
November 5, 1981
Latest Legislation:
House Bill 117 - 114th General Assembly
No distributor or manufacturer shall sell, exchange, offer for sale or exchange, or distribute for sale or exchange in this state any agricultural additive unless it has been registered by the manufacturer with the department of agriculture. Registration of an agricultural additive does not constitute a warranty by the department or the state.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 905 | Agricultural Additives and Lime; Fertilizer › Section 905.03 | Application for Registration of Agricultural Additive.

Effective:
November 5, 1981
Latest Legislation:
House Bill 117 - 114th General Assembly
(A) Each application for registration of an agricultural additive shall be accompanied by a registration fee of fifty dollars. Application shall be made on a form supplied by the director of agriculture and shall include:
(1) The name and address of the registrant;
(2) The additive's brand name;
(3) The purpose or proposed use of the additive;
(4) Directions for the additive's use;
(5) The results or effects that can be expected when the additive is used as directed;
(6) Evidence that the additive has been tested for efficacy in the laboratory and in the field, information describing the test methodology used, and a description of the test results;
(7) A guaranteed analysis of:
(a) If a chemical product, the name and percentage of each active and inert ingredient;
(b) If a microbiological product, the number and kind of viable microorganisms per milliliter or, if the product is other than a liquid, per gram.
The registrant shall notify the director of any change of address within thirty days of the change; failure to notify the director constitutes grounds sufficient for the director to revoke the registration.
(B) If the director determines that the evidence submitted under division (A)(6) of this section is not sufficient proof of the additive's usefulness for agricultural production in this state, he may require the applicant to submit samples, conduct tests, or submit additional information, including conditions affecting performance, in order to evaluate its performance and usefulness.
(C) The director shall register an agricultural additive unless he determines that:
(1) The application for registration is not complete;
(2) The additive will not or is not likely to produce the results or effects claimed when used as directed; or
(3) The additive is not useful for agricultural production in this state.
(D) All registrations shall expire 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.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 905 | Agricultural Additives and Lime; Fertilizer › Section 905.04 | Label Information.

Effective:
November 5, 1981
Latest Legislation:
House Bill 117 - 114th General Assembly
No person shall sell, exchange, offer for sale or exchange, or distribute for sale or exchange in this state any agricultural additive unless its container is conspicuously labeled with the following information:
(A) The additive's brand name;
(B) Its purpose or proposed use;
(C) The net weight of the contents of the container;
(D) Directions for the additive's use;
(E) The results or effects that can be expected when the additive is used as directed;
(F) A guaranteed analysis of:
(1) If a chemical product, the name and percentage of each active and inert ingredient;
(2) If a microbiological product, the number and kind of viable microorganisms per milliliter or, if the product is other than a liquid, per gram.
(G) The name and address of the manufacturer who registered the product;
(H) The additive's registration number provided by the director of agriculture.
The information on the label shall correspond to the information included in the application for registration required under sections 905.02 and 905.03 of the Revised Code. The information on the label constitutes an express warranty of the results or effects shown on the label when used as directed.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 905 | Agricultural Additives and Lime; Fertilizer › Section 905.05 | Administrative Rules.

Effective:
November 5, 1981
Latest Legislation:
House Bill 117 - 114th General Assembly
The director of agriculture may adopt, modify, or rescind rules, in accordance with Chapter 119. of the Revised Code, to implement sections 905.01 to 905.11 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 905 | Agricultural Additives and Lime; Fertilizer › Section 905.06 | Information Duties - Investigations.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The director of agriculture shall:
(A) Gather information on the performance of various agricultural additives, including distributors' and manufacturers' claims, the results of investigation or research on additives, and the conditions when they are useful, and make the information available to the public;
(B) Provide and distribute, in cooperation with OSU extension, information on the use of agricultural additives;
(C) Provide for the prompt and thorough investigation of written complaints received concerning agricultural additives.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 905 | Agricultural Additives and Lime; Fertilizer › Section 905.07 | Suspending or Revoking of Registration.

Effective:
November 5, 1981
Latest Legislation:
House Bill 117 - 114th General Assembly
The director of agriculture or his duly authorized representative may enter any property, public or private, in order to make inspections to determine whether or not there is compliance with sections 905.01 to 905.11 of the Revised Code or if any agricultural additive is useful for agricultural production in this state. If refused entry he may apply for and the court of common pleas may issue an appropriate warrant.
The director may suspend or revoke the registration of an agricultural additive if he finds that the additive does not produce the results or effects shown on its label or that the distributor or manufacturer has violated any provision of sections 905.01 to 905.11 of the Revised Code or any rule adopted thereunder. Before he suspends or revokes the registration of an agricultural additive, he shall afford the registrant the opportunity of an adjudication hearing in accordance with Chapter 119. of the Revised Code. However, he may suspend the registration before such a hearing if he believes that the use of the additive in this state endangers the public health or safety or constitutes an imminent and substantial threat to agricultural production or the public welfare.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 905 | Agricultural Additives and Lime; Fertilizer › Section 905.08 | Holding Additives During Period of Suspension or Revocation.

Effective:
November 5, 1981
Latest Legislation:
House Bill 117 - 114th General Assembly
The director of agriculture may issue an order to the owner or custodian of any package or lot of an agricultural additive requiring it to be held at a designated place during the period the director has suspended or revoked the product's registration under section 905.07 of the Revised Code. The agricultural additive shall be held until the director issues a release in writing. A release shall not be issued until the suspension or revocation of registration is terminated. No person shall violate an order to hold. Each day of violation constitutes a separate offense.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 905 | Agricultural Additives and Lime; Fertilizer › Section 905.09 | Injunctions.

Effective:
November 5, 1981
Latest Legislation:
House Bill 117 - 114th General Assembly
The director of agriculture may apply to the court of common pleas for an injunction against any person who continues to sell, exchange, offer for sale or exchange, or distribute for sale or exchange an agricultural additive for which an order to hold has been issued under section 905.08 of the Revised Code or that is not registered with the department of agriculture under section 905.02 of the Revised Code. Each package, container, or lot of an agricultural additive sold, exchanged, offered for sale or exchange, or distributed for sale or exchange in violation of section 905.02, 905.04, or 905.11 of the Revised Code constitutes a separate offense.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 905 | Agricultural Additives and Lime; Fertilizer › Section 905.10 | Class Actions.

Effective:
November 5, 1981
Latest Legislation:
House Bill 117 - 114th General Assembly
Upon written request by the director of agriculture, the attorney general may join or bring class actions on behalf of persons who are adversely affected by the purchase of agricultural additives or who are injured by violation of sections 905.01 to 905.11 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 905 | Agricultural Additives and Lime; Fertilizer › Section 905.11 | False Representations.

Effective:
November 5, 1981
Latest Legislation:
House Bill 117 - 114th General Assembly
No person shall falsely represent that an agricultural additive:
(A) Can be used in lieu of another product or products, including fertilizers and agricultural liming materials, with the same or similar results;
(B) Enhances the effects or benefits of a fertilizer or agricultural liming material;
(C) Is useful and effective when used under weather conditions normal for this state or in soils in this state;
(D) Is useful when used in conjunction with a specific crop;
(E) Has sponsorship or approval that it does not;
(F) Has been tested or proven to produce the results or effects claimed;
(G) Has certain delayed or long range benefits;
(H) Product has no harmful or potentially harmful side effects.