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2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 905 | Agricultural Additives and Lime; Fertilizer › Section 905.32 | Application for License.

Effective:
August 21, 2014
Latest Legislation:
Senate Bill 150 - 130th General Assembly
(A) No person shall manufacture or distribute in this state any type of fertilizer until a license to manufacture or distribute has been obtained by the manufacturer or distributor from the department of agriculture upon payment of a five-dollar fee:
(1) For each fixed (permanent) location at which fertilizer is manufactured in this state;
(2) For each mobile unit used to manufacture fertilizer in this state;
(3) For each location out of the state from which fertilizer is distributed into this state;
(4) For each location in this state from which fertilizer is distributed in this state.
All licenses shall be valid for one year beginning on the first day of December of a calendar year through the thirtieth day of November of the following calendar year. A renewal application for a license shall be submitted no later than the thirtieth day of November each year. A person who submits a renewal application for a license after the thirtieth day of November shall include with the application a late filing fee of ten dollars.
(B) An application for a license shall include:
(1) The name and address of the licensee;
(2) The name and address of each bulk distribution point in the state, not licensed for fertilizer manufacture and distribution.
The name and address shown on the license shall be shown on all labels, pertinent invoices, and bulk storage for fertilizers distributed by the licensee in this state.
(C) The licensee shall inform the director of agriculture in writing of additional distribution points established during the period of the license.
(D) All money collected under this section shall be credited to the pesticide, fertilizer, and lime program fund created in section 921.22 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 905 | Agricultural Additives and Lime; Fertilizer › Section 905.321 | Certification Required.

Effective:
December 29, 2023
Latest Legislation:
Senate Bill 131 - 134th General Assembly
(A) Beginning September thirtieth of the third year after August 21, 2014, no person shall apply fertilizer for the purposes of agricultural production unless that person has been certified to do so by the director of agriculture under this section and rules or is acting under the instructions and control of a person who is so certified.
(B) Except as otherwise provided in this division, a person shall be certified to apply fertilizer for purposes of agricultural production in accordance with rules. A person that has been so certified shall comply with requirements and procedures established in those rules.
The director shall issue a certification to apply fertilizer for purposes of agricultural production in accordance with Chapter 4796. of the Revised Code to an individual if either of the following applies:
(1) The individual holds a license or 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 fertilizer applicator in a state that does not issue that license or certification.
(C) A person that has been licensed as a commercial applicator under section 921.06 of the Revised Code or as a private applicator under section 921.11 of the Revised Code may apply to be certified under this section, but shall not be required to pay the application fee for certification established in rules adopted under section 905.322 of the Revised Code.
Last updated December 29, 2023 at 7:32 AM
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 905 | Agricultural Additives and Lime; Fertilizer › Section 905.322 | Rules and Regulations Regarding Fertilizer Application.

Effective:
August 21, 2014
Latest Legislation:
Senate Bill 150 - 130th General Assembly
(A) The director of agriculture shall adopt rules in accordance with Chapter 119. of the Revised Code that do all of the following:
(1) Create a fertilizer applicator certification program pursuant to section 905.321 of the Revised Code that does all of the following:
(a) Educates an applicant for certification on the time, place, form, amount, handling, and application of fertilizer;
(b) Serves as a component of a comprehensive state nutrient reduction strategy addressing all sources of relevant nutrients;
(c) Supports generally practical and economically feasible best management practices.
(2) Establish all of the following concerning certifications that are required by section 905.321 of the Revised Code:
(a) The amount of the fee that must be submitted with an application for certification, if applicable, provided that the fee shall not exceed the fee established in rules adopted under section 921.16 of the Revised Code for a private pesticide applicator license issued under section 921.11 of the Revised Code;
(b) Information that must be included with an application for certification;
(c) Procedures for the issuance, renewal, and denial of certifications;
(d) Grounds for the denial of certifications;
(e) Requirements and procedures governing training that must be successfully completed in order for a person to be certified;
(f) Requirements for the maintenance of records by a person that is certified, including, but not limited to, the date of application of fertilizer, the place of application of fertilizer, the rate of application of fertilizer, an analysis of the fertilizer, and the name of the person applying the fertilizer. The rules shall stipulate that the records shall be maintained for not more than three years from the date of the fertilizer application and shall not be required to be submitted to the director or the director's designee, but shall be made available to the director or the director's designee for review upon request.
(3) Establish requirements and procedures with which a licensee or registrant must comply when filing an annual tonnage report under section 905.36 of the Revised Code, including the date on which the report must be filed.
(B) The director may adopt rules in accordance with Chapter 119. of the Revised Code that do all of the following:
(1) Establish criteria in accordance with which a person may be exempt from any training that is required in order to be certified under section 905.321 of the Revised Code;
(2) Specify any type of cultivation that is to be excluded from the definition of "agricultural production";
(3) Define "under the instructions and control" for the purpose of section 905.321 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 905 | Agricultural Additives and Lime; Fertilizer › Section 905.323 | Voluntary Nutrient Management Plans.

Effective:
January 1, 2016
Latest Legislation:
House Bill 64 - 131st General Assembly
(A)(1) A person who owns or operates agricultural land may do any of the following:
(a) Develop a voluntary nutrient management plan;
(b) Request any person to develop a voluntary nutrient management plan on behalf of the person who owns or operates the agricultural land;
(c) Request the supervisors of the applicable soil and water conservation district organized in accordance with Chapter 940. of the Revised Code to develop a voluntary nutrient management plan on the person's behalf.
(2) A person who owns or operates agricultural land and who has developed or has had developed a voluntary nutrient management plan under division (A)(1)(a) or (b) of this section, as applicable, may request the supervisors of the applicable soil and water conservation district, the director of agriculture, or the director's designee to approve the plan. The supervisors, director, or director's designee shall approve or disapprove the plan.
(B) If a voluntary nutrient management plan is disapproved under this section, the person who developed the plan or had it developed may request an adjudication hearing in accordance with Chapter 119. of the Revised Code.
(C) A person whose voluntary nutrient management plan is disapproved may appeal to the court of common pleas of Franklin county.
(D) After a voluntary nutrient management plan has been approved under this section, the person who developed the plan or had it developed shall submit the plan once every five years to the supervisors of the applicable soil and water conservation district or the director for review. If after the review the supervisors or the director determines that the plan needs to be modified, the supervisors or director shall notify the person who submitted the plan. The person then shall provide for the modification of the plan. The procedures and requirements established in divisions (A) to (C) of this section apply to a modification of the plan.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 905 | Agricultural Additives and Lime; Fertilizer › Section 905.324 | Confidentiality.

Effective:
April 12, 2021
Latest Legislation:
House Bill 7 - 133rd General Assembly
(A) Except as provided in division (B) of this section, the director of agriculture, an employee of the department of agriculture, the supervisors of a soil and water conservation district, an employee of a district, and a contractor of the department or a district shall not disclose information, including data from geographic information systems and global positioning systems, used in the development or approval of or contained in a voluntary nutrient management plan.
(B) The director or the supervisors of a district may release or disclose information specified in division (A) of this section to a person or a federal, state, or local agency working in cooperation with the director or the supervisors in the development or approval of a voluntary nutrient management plan if the director or supervisors determine that the person or federal, state, or local agency will not subsequently disclose the information to another person who is not authorized by the person who owns or operates agricultural land to receive the information. The director or the supervisors of a district may release or disclose information specified in division (A) of this section to the extent required by the "Federal Water Pollution Control Act" as defined in section 6111.01 of the Revised Code.
(C) Information, data, and any associated record used in the development, approval, implementation, review of, or contained in a voluntary nutrient management plan or used to determine compliance with such a plan are not a public record subject to disclosure under section 149.43 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 905 | Agricultural Additives and Lime; Fertilizer › Section 905.325 | Civil Actions; Affirmative Defenses.

Effective:
August 21, 2014
Latest Legislation:
Senate Bill 150 - 130th General Assembly
In a private civil action for claims involving or resulting from the application of fertilizer, it is an affirmative defense if all of the following apply:
(A) The person applying the fertilizer is certified or is applying fertilizer under the instruction and control of a person who is certified under section 905.321 of the Revised Code and rules.
(B) Records have been properly maintained for the application of fertilizer as required by rules adopted under division (A)(2)(f) of section 905.322 of the Revised Code.
(C) The fertilizer has been applied according to and in substantial compliance with a voluntary nutrient management plan developed under section 905.323 of the Revised Code, provided that the plan has been approved under that section or developed by the supervisors of the applicable soil and water conservation district under that section.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 905 | Agricultural Additives and Lime; Fertilizer › Section 905.327 | Penalty for Unlawful Application of Fertilizer.

Effective:
July 3, 2015
Latest Legislation:
Senate Bill 1 - 131st General Assembly
(A) The director of agriculture may assess a civil penalty against a person that violates section 905.326 of the Revised Code. The director may impose a civil penalty only if the director affords the person an opportunity for an adjudication hearing under Chapter 119. of the Revised Code to challenge the director's determination that the person violated section 905.326 of the Revised Code. The person may waive the right to an adjudication hearing.
(B) If the opportunity for an adjudication hearing is waived or if, after an adjudication hearing, the director determines that a violation has occurred or is occurring, the director may issue an order requiring compliance with section 905.326 of the Revised Code and assess the civil penalty. The order and the assessment of the civil penalty may be appealed in accordance with section 119.12 of the Revised Code.
(C) A person that has violated section 905.326 of the Revised Code shall pay a civil penalty in an amount established in rules. Each day during which fertilizer is applied in violation of section 905.326 of the Revised Code constitutes a separate violation.
(D) The director shall adopt rules in accordance with Chapter 119. of the Revised Code that establish the amount of the civil penalty assessed under this section. The civil penalty shall not be more than ten thousand dollars for each violation.
(E) For purposes of this section, "rule" means a rule adopted under division (D) of this section.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 905 | Agricultural Additives and Lime; Fertilizer › Section 905.33 | Registering Custom Mixed Fertilizer as a Specialty Fertilizer.

Effective:
July 17, 2009
Latest Legislation:
House Bill 1 - 128th General Assembly
(A) Except as provided in division (C) of this section, no person shall distribute in this state a specialty fertilizer until it is registered by the manufacturer or distributor with the department of agriculture. An application, in duplicate, for each brand and product name of each grade of specialty fertilizer shall be made on a form furnished by the director of agriculture and shall be accompanied with a fee of fifty dollars for each brand and product name of each grade. Labels for each brand and product name of each grade shall accompany the application. Upon the approval of an application by the director, a copy of the registration shall be furnished the applicant. All registrations shall be valid for one year beginning on the first day of December of a calendar year through the thirtieth day of November of the following calendar year.
(B) An application for registration shall include the following:
(1) Name and address of the manufacturer or distributor;
(2) The brand and product name;
(3) The grade;
(4) The guaranteed analysis;
(5) The package sizes for persons that package fertilizers only in containers of ten pounds or less.
(C)(1) No person who engages in the business of applying custom mixed fertilizer to lawns, golf courses, recreation areas, or other real property that is not used for agricultural production shall be required to register the custom mixed fertilizer as a specialty fertilizer in accordance with division (A) of this section if the fertilizer ingredients of the custom mixed fertilizer are registered as specialty fertilizers and the inspection fee described in division (A) of section 905.36 of the Revised Code is paid.
(2) No person who engages in the business of blending custom mixed fertilizer for use on lawns, golf courses, recreation areas, or other real property that is not used for agricultural production shall be required to register the custom mixed fertilizer as a specialty fertilizer in accordance with division (A) of this section if the facility holds a nonagricultural production custom mixed fertilizer blender license issued under section 905.331 of the Revised Code.
(D) A person who engages in the business of applying or blending custom mixed fertilizer as described in division (C) of this section shall maintain an original or a copy of an invoice or document of sale for all fertilizer the person applies or distributes for one year following the date of the application or distribution, and, upon the director's request, shall furnish the director with the invoice or document of sale for the director's review.
(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 905.331 | Nonagricultural Production Custom Mixed Fertilizer Blender License.

Effective:
July 17, 2009
Latest Legislation:
House Bill 1 - 128th General Assembly
No person who engages in the business of blending a custom mixed fertilizer for use on lawns, golf courses, recreation areas, or other real property that is not used for agricultural production shall fail to register a specialty fertilizer in accordance with division (A) of section 905.33 of the Revised Code unless the person has obtained an annual nonagricultural production custom mixed fertilizer blender license from the director of agriculture.
A license issued under this section shall be valid from the first day of December of a calendar year through the thirtieth day of November of the following calendar year. A renewal application for a nonagricultural production custom mixed fertilizer blender license shall be submitted to the director no later than the thirtieth day of November each year and shall include the name and address of the applicant and of the premises where the blending occurs and a one-hundred-dollar fee. A person who submits a renewal application for a license after the thirtieth day of November shall include with the application a late filing fee of ten dollars. All nonagricultural production custom mixed fertilizer blender licenses expire on the thirtieth day of November each year.
A person holding a nonagricultural production custom mixed fertilizer blender license shall pay the inspection fees described in division (A) of section 905.36 of the Revised Code for each product being blended.
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 905.34 | Exemption for Distributor.

Effective:
August 21, 2014
Latest Legislation:
Senate Bill 150 - 130th General Assembly
No distributor shall be required to obtain a license under division (A) of section 905.32 of the Revised Code to distribute fertilizer if the fertilizer is registered under division (A) of section 905.33 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 905 | Agricultural Additives and Lime; Fertilizer › Section 905.35 | Label Information.

Effective:
October 29, 1996
Latest Legislation:
House Bill 651 - 121st General Assembly
(A) No person shall distribute in this state any type of fertilizer in packages unless the packages have placed on or affixed to them in legibly written or printed form the following:
(1) Net weight of the contents;
(2) Brand and product name;
(3) Name and address of the manufacturer or distributor that appears on the license or registration;
(4) Grade expressed in whole numbers only for all mixed fertilizers except specialty fertilizers;
(5) Guaranteed analysis.
(B) No person shall distribute any type of fertilizer in this state in bulk unless the purchaser is supplied, upon delivery, with a shipping invoice containing the following information:
(1) Name and address of the licensee, or registrant;
(2) Name and address of the purchaser, and county of destination;
(3) Date of sale;
(4) Product name;
(5) Net weight;
(6) Grade expressed in whole numbers only for all mixed fertilizers, and other claims, if any. The weight and grade of each material in the mixture and the total weight of the mixture may be stated in lieu of a statement of the grade of the mixture.
(C) No person shall distribute in this state any type of fertilizer in bulk unless the bulk storage is properly labeled with the information required by divisions (B)(1), (4), and (6) of this section. Shipping invoices shall be available for all bulk fertilizer stored at locations other than a place of manufacture.
(D) No person shall manufacture or distribute in this state mixed fertilizer in bulk unless the fertilizers and other materials combined to create the mixed fertilizer are uniformly mixed and present in equal percentages throughout the mixed fertilizer. The director of agriculture may take samples and use the information provided to the purchaser under division (B) of this section to analyze any mixed fertilizer in bulk and determine whether it has been uniformly mixed.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 905 | Agricultural Additives and Lime; Fertilizer › Section 905.36 | Inspection Fees - Annual Statement of Tonnage.

Effective:
August 21, 2014
Latest Legislation:
Senate Bill 150 - 130th General Assembly
(A) A licensee or registrant shall pay the director of agriculture an inspection fee of twenty-five cents per ton for all of the following, as applicable:
(1) All fertilizer that the licensee distributes in this state to a person that has not been issued a license under section 905.32 of the Revised Code;
(2) All fertilizer that the licensee applies in this state for purposes of agricultural production and all fertilizer that is applied in this state on behalf of the licensee by an employee or contractor who is certified under section 905.321 of the Revised Code;
(3) All fertilizer that the registrant distributes in this state.
However, the inspection fee does not apply to packaged fertilizers that are in containers of ten pounds or less.
(B) Every licensee or registrant shall file with the director an annual tonnage report in accordance with rules. The report shall be filed on or before the date specified in rules. The licensee or registrant shall include with the report the inspection fee at the rate stated in division (A) of this section. For a tonnage report that is not filed or payment of inspection fees that is not made on or before the date specified in rules, a penalty of fifty dollars or ten per cent of the amount due, whichever is greater, shall be assessed against the licensee or registrant. The amount of fees due, plus penalty, shall constitute a debt and become the basis of a judgment against the licensee or registrant. For tonnage reports found to be incorrect, a penalty of fifteen per cent of the amount due shall be assessed against the licensee or registrant and shall constitute a debt and become the basis of a judgment against the licensee or registrant.
(C) No information furnished under this section shall be disclosed by any employee of the department of agriculture in such a way as to divulge the operation of any person required to make such a report. The filing by a licensee or registrant of a tonnage report required by division (B) of this section thereby grants permission to the director to verify the same with the records of the licensee or registrant.
(D) All money collected under this section shall be credited to the pesticide, fertilizer, and lime program fund created in section 921.22 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 905 | Agricultural Additives and Lime; Fertilizer › Section 905.37 | Statement and Reports by Director.

Effective:
June 30, 2005
Latest Legislation:
House Bill 66 - 126th General Assembly
(A) The director of agriculture may distribute annual statements of fertilizer sales by grades of materials and mixed fertilizer by counties, in a manner prescribed by the director.
(B) The director may publish annually a report of the analysis of fertilizers inspected.
(C) The director may distribute a state fertilizer usage report by grade of materials and mixed fertilizers for each month.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 905 | Agricultural Additives and Lime; Fertilizer › Section 905.39 | Sampling and Analysis.

Effective:
August 21, 2014
Latest Legislation:
Senate Bill 150 - 130th General Assembly
(A) The director of agriculture shall inspect and sample any fertilizer within the state to such an extent as the director considers necessary and make an analysis where need is indicated to determine whether the fertilizer is in compliance with sections 905.31 to 905.503 of the Revised Code and rules. The director may enter upon any public or private premises or conveyances during regular business hours in order to have access to fertilizer subject to sections 905.31 to 905.503 of the Revised Code and rules.
(B) The director shall maintain the services necessary to effectively administer and enforce sections 905.31 to 905.503 of the Revised Code and rules. The methods of sampling and analysis shall be those adopted by the association of official analytical chemists or other sources prescribed by the director.
(C) The results of official analysis of any sample of fertilizer found to be in violation of any provisions of sections 905.31 to 905.503 of the Revised Code or any rule shall be forwarded to the licensee or registrant. A licensee or registrant may request a portion of any such sample, provided that the request is made not more than thirty days after the date of the analysis report.
(D) Analytical tolerances shall be governed by rules.
(E) If the director is denied access to any premises where access is sought for the purpose of inspection and sampling, the director may apply to any court of competent jurisdiction for a search warrant authorizing access to the premises for that purpose. The court, upon application, may issue the search warrant for the purpose requested.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 905 | Agricultural Additives and Lime; Fertilizer › Section 905.40 | Administrative Rules.

Effective:
March 27, 2013
Latest Legislation:
House Bill 420 - 129th General Assembly
The director of agriculture shall adopt and enforce uniform rules:
(A) Governing the storing and handling of anhydrous ammonia that is used for agricultural purposes;
(B) For safety in the design, construction, location, installation, or operation of anhydrous ammonia systems for agricultural use. In addition, with regard to an anhydrous ammonia system that is used for agricultural purposes, the rules shall establish standards and procedures for the approval or disapproval of the design and construction of anhydrous ammonia systems and procedures for applying for such approval, including the form of the application.
(C) Requiring that guaranteed analysis be stated in a form other than that defined in section 905.31 of the Revised Code when another form will not impose an economic hardship on manufacturers, distributors, and users of anhydrous ammonia by reason of conflicting labeling requirements among the states.
The director shall adopt rules under this section in accordance with Chapter 119. of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 905 | Agricultural Additives and Lime; Fertilizer › Section 905.41 | Design and Construction of Storage Facilities for Anhydrous Ammonia.

Effective:
August 21, 2014
Latest Legislation:
Senate Bill 150 - 130th General Assembly
(A) A storage facility for anhydrous ammonia that is used for agricultural purposes shall be designed and constructed in accordance with rules. On and after September 10, 2012, no person shall construct a storage facility for anhydrous ammonia that is used for agricultural purposes without applying for and receiving approval of the design of the facility and approval to construct the facility from the director of agriculture in accordance with rules.
(B) Upon the submission of an application to the director for the approval of the design and construction of a storage facility for anhydrous ammonia that is used for agricultural purposes in accordance with rules, the applicant shall submit written notification of the application to all of the following:
(1) The board of township trustees of the township or the legislative authority of the municipal corporation, as applicable, in which the storage facility is proposed to be located;
(2) The county sheriff, or the police chief of the police department of a municipal corporation, township, or township or joint township police district, as applicable, with jurisdiction over the location where the storage facility is proposed to be located;
(3) The fire chief of the fire department with jurisdiction over the location where the storage facility is proposed to be located.
(C) Prior to approving or disapproving a storage facility for anhydrous ammonia that is used for agricultural purposes, the director may take into consideration any past violations of an applicable state or federal law pertaining to environmental protection or the environmental laws of another country or any conviction of or guilty plea to a violation of section 901.511 of the Revised Code or a felony drug offense as defined in section 2925.01 of the Revised Code related to the use and storage of chemicals used for agriculture by the owner of the storage facility.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 905 | Agricultural Additives and Lime; Fertilizer › Section 905.411 | Orders Prohibiting Use of Anhydrous Ammonia Equipment or System.

Effective:
March 27, 2013
Latest Legislation:
House Bill 420 - 129th General Assembly
The director of agriculture may issue an order prohibiting the use of anhydrous ammonia equipment or an anhydrous ammonia system found not to comply with rules adopted under division (A) or (B) of section 905.40 of the Revised Code, as applicable. No person shall use the anhydrous ammonia equipment or system until a release in writing is issued by the director.
The director shall not issue a release until both of the following have occurred:
(A) The director has inspected the anhydrous ammonia equipment or system and has found that the anhydrous ammonia equipment or system complies with rules adopted under division (A) or (B) of section 905.40 of the Revised Code, as applicable.
(B) The person in control of the anhydrous ammonia equipment or system at the time of the noncompliance has paid the director in an amount equal to all expenses incurred by the director due to the order prohibiting use of the anhydrous ammonia equipment or system.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 905 | Agricultural Additives and Lime; Fertilizer › Section 905.42 | Manufacturing or Distributing Substance Injurious to Crop Growth or Deleterious to Soil.

Effective:
July 1, 1968
Latest Legislation:
House Bill 280 - 107th General Assembly
No person shall manufacture or distribute in this state fertilizer containing any substance that is injurious to crop growth or deleterious to soil, provided, that the effects on plants shall not be deemed to be injurious when this is the purpose for which the substance was applied, in accordance with the label claims and recommendations.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 905 | Agricultural Additives and Lime; Fertilizer › Section 905.43 | Mislabeled or Misrepresented Fertilizer.

Effective:
October 29, 1996
Latest Legislation:
House Bill 651 - 121st General Assembly
(A) No person shall distribute mislabeled fertilizer. A fertilizer is mislabeled if any false or misleading statement appears on or is attached to the container or on the pertinent invoice or delivery ticket, if false or misleading statements appear in any advertising material, or if the fertilizer is not uniformly mixed.
(B) No person shall sell, offer, or expose for sale less than the quantity of fertilizer that the person represents. No person shall take more than the quantity of fertilizer that the person represents when, as a buyer, the person furnishes the weight or measure by which the quantity is determined.
(C) No person shall misrepresent the price of any fertilizer or related service sold, offered, exposed, or advertised for sale by weight, measure, or count, nor represent the price in any manner calculated or tending to mislead or in any way deceive a person.
(D) No person shall distribute any fertilizer or mixed fertilizer other than by net weight, unless the director of agriculture has approved the device that is used to measure the fertilizer or mixed fertilizer.
(E) A meter may be used to deliver fertilizer by quantity if the meter bears a current, valid seal indicating it has been tested and approved by the division of weights and measures in the department of agriculture or by a sealer of weights and measures of a county or municipal corporation.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 905 | Agricultural Additives and Lime; Fertilizer › Section 905.44 | Administrative Rules.

Effective:
March 27, 2013
Latest Legislation:
House Bill 420 - 129th General Assembly
(A) The director of agriculture may adopt and enforce rules:
(1) Governing the storing and handling of fertilizers;
(2) For safety in the design, construction, location, installation, or operation of equipment, containment structures, and buildings for storing and handling fertilizers;
(3) Requiring that guaranteed analysis be stated in a form other than that defined in section 905.31 of the Revised Code when another form will not impose an economic hardship on manufacturers, distributors, and users of fertilizer by reason of conflicting labeling requirements among the states.
As used in division (A) of this section, "fertilizer" does not include anhydrous ammonia.
(B) The rules adopted by the director under this section shall be adopted in accordance with Chapter 119. of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 905 | Agricultural Additives and Lime; Fertilizer › Section 905.45 | Refusing, Suspending or Revoking of Registration or License.

Effective:
August 21, 2014
Latest Legislation:
Senate Bill 150 - 130th General Assembly
(A) The director of agriculture may do any of the following upon a finding that a registrant, licensee, certificate holder, or applicant has violated any provision of sections 905.31 to 905.503 of the Revised Code or any rules:
(1) Revoke the registration of any grade and brand name of fertilizer;
(2) Revoke any license or certificate;
(3) Suspend any registration, license, or certificate;
(4) Refuse to register any grade and brand name of fertilizer;
(5) Refuse to license or certify any applicant.
A registrant, licensee, certificate holder, or applicant shall be given an opportunity to appear at an adjudication hearing conducted in accordance with Chapter 119. of the Revised Code.
(B) The director, prior to a hearing, may deny, suspend, revoke, refuse to renew, or modify any provision of a fertilizer applicator certificate issued under section 905.321 of the Revised Code and rules if the director has substantial reason to believe the certificate holder has recklessly applied fertilizer in such a manner that an emergency exists that presents a clear and present danger to human or animal health.
The director shall provide an opportunity for a hearing without delay after such a denial, suspension, revocation, refusal to renew, or modification.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 905 | Agricultural Additives and Lime; Fertilizer › Section 905.46 | Holding Fertilizer Offered or Exposed for Sale in Violation of Law.

Effective:
August 21, 2014
Latest Legislation:
Senate Bill 150 - 130th General Assembly
The director of agriculture may issue an order to the owner or custodian of any lot of fertilizer requiring it to be held at a designated place when the director has found the fertilizer to have been offered or exposed for sale in violation of sections 905.31 to 905.503 of the Revised Code or any rule. A fertilizer shall be held until a release in writing is issued by the director. A release shall not be issued until sections 905.31 to 905.503 of the Revised Code and rules are complied with and until all costs and expenses incurred in connection with the violation have been paid by the manufacturer, distributor, licensee, or registrant.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 905 | Agricultural Additives and Lime; Fertilizer › Section 905.47 | Condemnation Procedures.

Effective:
August 21, 2014
Latest Legislation:
Senate Bill 150 - 130th General Assembly
Any lot of fertilizer not in compliance with sections 905.31 to 905.503 of the Revised Code or any rule is subject to seizure on complaint of the director of agriculture to a court of competent jurisdiction in the county in which the fertilizer is located. The court upon a finding that the fertilizer is in violation of sections 905.31 to 905.503 of the Revised Code or any rule shall order the condemnation of the fertilizer, and it shall be disposed of in a manner consistent with the laws of this state. The court shall not order the condemnation of the fertilizer without first giving the manufacturer or distributor an opportunity to reprocess or relabel the fertilizer to bring it into compliance with sections 905.31 to 905.503 of the Revised Code and rules.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 905 | Agricultural Additives and Lime; Fertilizer › Section 905.48 | Injunctions.

Effective:
August 21, 2014
Latest Legislation:
Senate Bill 150 - 130th 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 any of the provisions of sections 905.31 to 905.503 of the Revised Code are being violated for a temporary or permanent injunction restraining any person from the violation.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 905 | Agricultural Additives and Lime; Fertilizer › Section 905.49 | Restrictions Not Applicable to Certain Importers and Manufacturers.

Effective:
August 21, 2014
Latest Legislation:
Senate Bill 150 - 130th General Assembly
Nothing in sections 905.31 to 905.503 of the Revised Code shall be considered either to restrict the distribution of fertilizers to each other by importers or manufacturers, who mix fertilizer materials for distribution, or to prevent the free and unrestricted shipment of fertilizer to manufacturers who are licensed or have registered their specialty fertilizer grades and brand names as required by sections 905.31 to 905.503 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 905 | Agricultural Additives and Lime; Fertilizer › Section 905.50 | Mislabeled Fertilizer.

Effective:
August 21, 2014
Latest Legislation:
Senate Bill 150 - 130th General Assembly
If the director of agriculture has taken an official sample of a fertilizer or mixed fertilizer and determined that it constitutes mislabeled fertilizer pursuant to rules, the person who labeled the fertilizer or mixed fertilizer shall pay a penalty to the consumer of the mislabeled fertilizer or, if the consumer cannot be determined with reasonable diligence or is not available, to the director to be credited to the pesticide, fertilizer, and lime program fund created under section 921.22 of the Revised Code. The amount of the penalty shall be calculated in accordance with either division (A) or (B) of this section, whichever method of calculation yields the largest amount.
(A)(1) A penalty required to be paid under this section may be calculated as follows:
(a) Five dollars for each percentage point of total nitrogen or phosphorus in the fertilizer that is below the percentage of nitrogen or phosphorus guaranteed on the label, multiplied by the number of tons of mislabeled fertilizer that have been sold to the consumer;
(b) Three dollars for each percentage point of potash in the fertilizer that is below the percentage of potash guaranteed on the label, multiplied by the number of tons of mislabeled fertilizer that have been sold to the consumer.
(2) In the case of a fertilizer that contains a quantity of nitrogen, phosphorus, or potash that is more than five percentage points below the percentages guaranteed on the label, the penalties calculated under division (A)(1) of this section shall be tripled.
(3) No penalty calculated under division (A) of this section shall be less than twenty-five dollars.
(B) A penalty required to be paid under this section may be calculated by multiplying the market value of one unit of the mislabeled fertilizer by the number of units of the mislabeled fertilizer that have been sold to the consumer.
(C) Upon making a determination under this section that a person has mislabeled fertilizer or mixed fertilizer, the director shall determine the parties to whom the penalty imposed by this section is required to be paid and, in accordance with division (A) or (B) of this section, as applicable, shall calculate the amount of the penalty required to be paid to each such party. After completing those determinations and calculations, the director shall issue to the person who allegedly mislabeled the fertilizer or mixed fertilizer a notice of violation. The notice shall be accompanied by an order requiring, and specifying the manner of, payment of the penalty imposed by this section to the parties in the amounts set forth in the determinations and calculations required by this division. The order shall be issued in accordance with Chapter 119. of the Revised Code.
No person shall violate a term or condition of an order issued under this division.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 905 | Agricultural Additives and Lime; Fertilizer › Section 905.501 | Civil Penalties.

Effective:
August 21, 2014
Latest Legislation:
Senate Bill 150 - 130th General Assembly
(A) Except as provided in division (B) of this section, whenever the director of agriculture has cause to believe that a person has violated, or is violating, sections 905.31 to 905.503 of the Revised Code or rules or an order issued under those sections or rules, the director may conduct a hearing in accordance with Chapter 119. of the Revised Code to determine whether a violation has occurred. If the director determines that a violation has occurred, the director may require the violator to pay a civil penalty in accordance with the schedule of civil penalties established in rules. Each day of violation constitutes a separate violation.
(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 905 | Agricultural Additives and Lime; Fertilizer › Section 905.502 | Written Notice of Warning.

Effective:
August 21, 2014
Latest Legislation:
Senate Bill 150 - 130th General Assembly
Nothing in sections 905.31 to 905.502 of the Revised Code or rules shall be construed to require the director of agriculture to report any findings to the appropriate prosecuting authority for proceedings in the prosecution of, or issue any order or institute any enforcement procedure for, a violation of sections 905.31 to 905.502 of the Revised Code or rules when the director believes that the public interest will be best served by a suitable written notice of warning. A person who receives a written notice of warning may respond in writing to the notice.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 905 | Agricultural Additives and Lime; Fertilizer › Section 905.503 | No Local Regulation of Fertilizers.

Effective:
August 21, 2014
Latest Legislation:
Senate Bill 150 - 130th General Assembly
(A) As used in this section:
(1) "Political subdivision" means a county, township, or municipal corporation and any other body corporate and politic that is responsible for government activities in a geographic area smaller than that of the state.
(2) "Local legislation" includes, but is not limited to, an ordinance, resolution, regulation, rule, motion, or amendment that is enacted or adopted by a political subdivision.
(B)(1) No political subdivision shall regulate the registration, packaging, labeling, sale, storage, distribution, use, or application of fertilizer, or require a person licensed or registered under sections 905.31 to 905.99 of the Revised Code to obtain a license or permit to operate in a manner described in those sections, or to satisfy any other condition except as provided by a statute or rule of this state or of the United States.
(2) No political subdivision shall enact, adopt, or continue in effect local legislation relating to the registration, packaging, labeling, sale, storage, distribution, use, or application of fertilizers.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 905 | Agricultural Additives and Lime; Fertilizer › Section 905.51 | Liming Material Definitions.

Effective:
July 17, 2009
Latest Legislation:
House Bill 1 - 128th General Assembly
As used in sections 905.51 to 905.65 of the Revised Code:
(A) "Liming material" means all materials, the calcium and magnesium content of which is used to neutralize soil acidity, and includes the oxide, hydrate, carbonate, and silicate forms, as defined by rule, or combinations of those forms. "Liming material" includes materials such as the following:
(1) Limestone;
(2) Hydrated lime;
(3) Burnt lime;
(4) Industrial by-product;
(5) Marl and shell.
(B) "Bulk" means in a nonpackaged form.
(C) "Label" means any written or printed matter on the package, or tag attached thereto.
(D) "Manufacture" means to process, crush, grind, pelletize, or blend.
(E) "Person" means any partnership, association, firm, or corporation, company, society, individual or combination of individuals, institution, park, or public agency administered by the state or any subdivision of the state.
(F) "Product name" means a coined or specific designation applied to an individual liming material.
(G) "Sale" means an exchange or offer to exchange ownership, or a transfer or offer to transfer custody.
(H) "Ton" means a net weight of two thousand pounds.
(I) "Metric ton" means a measure of weight equal to one thousand kilograms.
(J) "Pelletized lime" means a finely ground limestone product or manufactured material that is held together in a granulated form by a water soluble binding agent and that is capable of neutralizing soil acidity.
(K) "Water treatment lime sludge" means lime sludge generated during the process of treating water supplies having levels of heavy metals at or below the levels permitted in standards adopted by the director of environmental protection governing the land application of lime sludge so generated.
(L) "Distribute" means to offer for sale, sell, barter, or otherwise supply liming material in this state.
(M) "Official sample" means any sample of liming material taken and designated as "official" by the director of agriculture or the director's designee.
(N) "Effective neutralizing power" means the neutralizing value of liming material based on the total neutralizing power and fineness that is expressed as a dry weight percentage.
(O) "Fineness index" means the percentage by weight of a liming material that will pass designated sieves, calculated to account for particle size distribution by adding the amounts arrived at under divisions (O)(1), (2), and (3) of this section as follows:
(1) Two-tenths multiplied by the percentage of material passing a number eight United States standard sieve minus the percentage of material passing a number twenty United States standard sieve.
(2) Six-tenths multiplied by the percentage of material passing a number twenty United States standard sieve minus the percentage of material passing a number sixty United States standard sieve.
(3) One multiplied by the percentage of material passing a number sixty United States standard sieve.