reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 923 | Livestock Feeds › Section 923.47 | Right of Entry for Inspection.

Effective:
July 27, 1990
Latest Legislation:
House Bill 571 - 118th General Assembly
(A) For the purpose of enforcing sections 923.41 to 923.55 of the Revised Code and any rules adopted under those sections, the director of agriculture, or his agent, to the extent he considers necessary, upon presenting credentials and a written inspection notice to the person in charge, may enter, during regular business hours, any factory, warehouse, or establishment where commercial feeds are manufactured, processed, packed, or held for distribution or any vehicle used to transport or hold feeds in order to inspect within a reasonable time and manner the factory, warehouse, establishment, vehicle, and any equipment, finished and unfinished materials, containers, and labeling. The inspection may include verification of only such records and production and control procedures as necessary to determine compliance with the good manufacturing practice rules for drug-containing feeds adopted by rule under section 923.48 of the Revised Code. Official samples may be taken during the inspection. Upon completion of the inspection, the person in charge shall be so notified.
If any official sample of commercial feed is taken during the inspection, at the completion of the inspection and prior to leaving the premises, the director or his agent shall give the person in charge a receipt that describes any sample taken and provide him with a portion of any sample if the person in charge so requests.
At any time that the director is refused admittance to inspect, he may obtain a search warrant describing what is to be inspected from a judge of a court of record in the jurisdiction where the inspection is to take place.
(B) For the purpose of enforcing sections 923.41 to 923.55 of the Revised Code and any rules adopted under those sections, the director of agriculture, or his agent, to the extent he considers necessary, upon the presentation of credentials, shall enter during regular business hours upon any public or private premises, including any vehicle used to transport or hold feeds, to obtain official samples of commercial feed and to examine any records that relate to the distribution of feed sampled.
(C) The director shall maintain a laboratory with equipment and personnel necessary to effectively administer and enforce sections 923.41 to 923.55 of the Revised Code and the rules adopted under those sections. The methods of sampling and analysis shall be those adopted by the association of official agricultural chemists and other generally recognized sources prescribed by the director by rule.
(D) The results of all analyses of official samples of commercial feed shall be forwarded to the distributor and to the purchaser.
(E) Analytical tolerances shall be governed by rules adopted by the director.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 923 | Livestock Feeds › Section 923.49 | Misbranded Commercial Feed.

Effective:
July 27, 1990
Latest Legislation:
House Bill 571 - 118th General Assembly
A commercial feed is misbranded if any of the following occur:
(A) The labeling is false or misleading in any particular;
(B) It is distributed under the product or brand name of another commercial feed;
(C) It does not meet the label requirements of section 923.43 of the Revised Code or any rule adopted under that section;
(D) It purports to be or is represented as a commercial feed or it purports to contain or is represented as containing a feed ingredient when it does not conform with the definition of that commercial feed or feed ingredient which the director shall establish by rule;
(E) Any word, statement, or any other information required under section 923.43 of the Revised Code or any rule adopted under that section to appear on the label is not prominently placed on the label with such conspicuousness as compared with other words, statements, designs, or devices and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 923 | Livestock Feeds › Section 923.50 | Administrative Rules.

Effective:
July 27, 1990
Latest Legislation:
House Bill 571 - 118th General Assembly
(A) The director of agriculture shall adopt, and may amend or rescind, rules in accordance with Chapter 119. of the Revised Code as necessary to carry out the purposes of this chapter.
(B) The director, by reference, may adopt:
(1) The official definitions of feed ingredients and official feed terms adopted and published by the association of American feed control officials;
(2) Rules promulgated pursuant to the federal act.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 923 | Livestock Feeds › Section 923.51 | Prohibited Acts.

Effective:
April 3, 2023
Latest Legislation:
Senate Bill 164 - 134th General Assembly
No person shall commit any of the following acts or cause to be committed any of the following acts:
(A) Adulterate commercial feed or distribute adulterated commercial feed;
(B) Adulterate pet food or distribute adulterated pet food;
(C) Misbrand commercial feed or distribute misbranded commercial feed;
(D) Adulterate any agricultural commodity such as whole seed, hay, straw, stover, silage, cobs, husks, or hulls and feed it to animals or distribute any such commodity that is adulterated;
(E) Remove or dispose of a commercial feed in violation of a withdrawal from distribution order or a condemnation and confiscation order issued under section 923.52 or 923.53 of the Revised Code or any rules adopted under those sections;
(F) Use for the person's own advantage, or reveal except to the director of agriculture or the director's agent or to the courts when relevant in any judicial proceeding under sections 923.41 to 923.55 of the Revised Code or any rules adopted under those sections, any information acquired under the authority of those sections of the Revised Code or rules adopted under those sections that as a trade secret is entitled to protection;
(G) Fail or refuse to register as required under section 923.42 of the Revised Code or any rule adopted under that section;
(H) Fail to pay inspection fees or file semiannual reports as required under section 923.44 of the Revised Code or any rule adopted under that section.
Last updated February 8, 2023 at 4:00 PM
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 923 | Livestock Feeds › Section 923.52 | Written Withdrawal From Distribution Order; Appeal.

Effective:
October 17, 2011
Latest Legislation:
House Bill 229 - 129th General Assembly
The director of agriculture may issue and enforce a written withdrawal from distribution order to the manufacturer or distributor of any lot of commercial feed requiring it to be held at a designated place when the director has reasonable cause to believe that the commercial feed is offered or exposed for distribution or distributed in violation of any of the provisions of sections 923.41 to 923.55 of the Revised Code or any rule adopted under those sections. The commercial feed shall be held until a release in writing is issued by the director. A release shall not be issued until sections 923.41 to 923.55 of the Revised Code and the rules adopted under those sections are complied with and until all costs and expenses incurred in connection with the violation have been paid by the manufacturer or distributor. If compliance is not obtained within thirty days of receipt of the withdrawal from distribution order, the director may begin, and shall begin upon request by the manufacturer or distributor, proceedings for condemnation under section 923.53 of the Revised Code.
The manufacturer or distributor may appeal the withdrawal from distribution order in accordance with Chapter 119. of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 923 | Livestock Feeds › Section 923.53 | Seizure of Commercial Feed Lot.

Effective:
July 27, 1990
Latest Legislation:
House Bill 571 - 118th General Assembly
Any lot of commercial feed not in compliance with sections 923.41 to 923.55 of the Revised Code or any rule adopted under those sections is subject to seizure on complaint of the director of agriculture to a court of competent jurisdiction in the county in which the commercial feed is located. The court, upon a finding that the commercial feed is in violation of sections 923.41 to 923.55 of the Revised Code or any rule adopted under those sections, shall order the condemnation of the commercial feed and it shall be disposed of in a manner consistent with the quality of the feed and the laws of this state. The court shall not order the condemnation of the commercial feed without first giving the manufacturer or distributor an opportunity to reprocess or relabel the feed to bring it into compliance with sections 923.41 to 923.55 of the Revised Code and the rules adopted under those sections.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 923 | Livestock Feeds › Section 923.54 | Prosecutions - Injunctions.

Effective:
July 27, 1990
Latest Legislation:
House Bill 571 - 118th General Assembly
(A) The attorney general, prosecuting attorney, or city director of law to whom the director of agriculture reports any violation of sections 923.41 to 923.55 of the Revised Code or any rule adopted under those sections shall cause appropriate proceedings to be instituted in the proper court without delay and to be prosecuted in the manner required by law. Before any violation of sections 923.41 to 923.55 of the Revised Code or any rule adopted under those sections is reported to a prosecuting authority for the institution of a criminal proceeding, the person against whom the proceeding is contemplated shall be given appropriate notice and an opportunity to present his views before the director.
(B) In addition to the remedies provided and irrespective of whether any adequate remedy exists at law, the director of agriculture may apply to the court of common pleas in the county where any of the provisions of sections 923.41 to 923.55 of the Revised Code or any of the rules adopted under those sections are being violated for a temporary or permanent injunction restraining any person from the violation.
(C) Nothing in sections 923.41 to 923.55 of the Revised Code or any rule adopted under those sections shall be construed to require the director of agriculture to report for prosecution, or issue a withdrawal from distribution order, or institute seizure proceedings for minor violations of sections 923.41 to 923.55 of the Revised Code or any rule adopted under those sections whenever the director believes the public interest will best be served by a suitable written notice or warning.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 923 | Livestock Feeds › Section 923.55 | Agreements to Cooperate With Other States.

Effective:
July 27, 1990
Latest Legislation:
House Bill 571 - 118th General Assembly
The director of agriculture may cooperate with and enter into agreements with private associations and with governmental agencies of this state, other states, and the United States for the purpose of carrying out the provisions of sections 923.41 to 923.55 of the Revised Code or any rule adopted under those sections.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 923 | Livestock Feeds › Section 923.99 | Penalty.

Effective:
June 20, 1994
Latest Legislation:
Senate Bill 134 - 120th General Assembly
Whoever violates sections 923.41 to 923.55 of the Revised Code or any rule adopted under those sections, is guilty of a misdemeanor of the fourth degree on a first offense; on each subsequent offense the person is guilty of a misdemeanor of the third degree.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 924 | Agricultural Commodity Marketing Programs › Section 924.01 | Agricultural Commodity Marketing Program Definitions.

Effective:
July 30, 2019
Latest Legislation:
Senate Bill 57 - 133rd General Assembly
As used in sections 924.01 to 924.16 and 924.40 to 924.55 of the Revised Code:
(A) "Agricultural commodity" means any food, fiber, feed, animal, or plant, or group of foods, fibers, feeds, animals, or plants that the director of agriculture determines to be of the same nature, in either a natural or a processed state. "Agricultural commodity" does not include any of the following:
(1) Grain, as defined in section 924.20 of the Revised Code ;
(2) Soybeans;
(3) Hemp, as defined in section 928.01 of the Revised Code.
(B) "Distributor" means any person who sells, offers for sale, markets, or distributes an agricultural commodity that the person has purchased or acquired directly from a producer, or that the person markets on behalf of a producer.
(C) "Handler" means any person who is in the business of packing, grading, selling, offering for sale, or marketing any agricultural commodity in commercial quantities as defined in a marketing program.
(D) "Marketing program" means a program that is established by order of the director pursuant to this chapter, to improve or expand the market for an agricultural commodity.
(E) "Operating committee" means a committee established to administer a marketing program for an agricultural commodity.
(F) "Person" means any natural person, partnership, sole proprietorship, limited liability company, corporation, society, agricultural cooperative as defined in section 1729.01 of the Revised Code, association, or fiduciary.
(G) "Processor" means any person who is in the business of grading, packaging, packing, canning, freezing, dehydrating, fermenting, distilling, extracting, preserving, grinding, crushing, juicing, or in any other way preserving or changing the form of any agricultural commodity.
(H) "Producer" means any person who is in the business of producing, or causing to be produced, any agricultural commodity for commercial sale, except that when used in reference to nursery stock, "producer" also means a distributor, processor, handler, or retailer of nursery stock.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 924 | Agricultural Commodity Marketing Programs › Section 924.02 | Director to Establish Marketing Programs for Agricultural Commodities.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
The director of agriculture, subject to sections 924.01 to 924.16 and Chapter 119. of the Revised Code, shall do all of the following:
(A) Establish procedures by which producers of Ohio agricultural commodities may propose, develop, and operate marketing programs to:
(1) Promote the sale and use of their products;
(2) Develop new uses and markets for such products;
(3) Improve the methods of distributing such products to consumers;
(4) Standardize the quality of such products for specific uses.
(B) Adopt and enforce rules to put into effect the intent of sections 924.01 to 924.16 of the Revised Code;
(C) Except as provided in section 924.06 of the Revised Code, determine the eligibility of producers to participate in referendums and other procedures that may be required to establish marketing programs for agricultural commodities.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 924 | Agricultural Commodity Marketing Programs › Section 924.03 | Authority of Marketing Programs for Agricultural Commodities.

Effective:
July 27, 1990
Latest Legislation:
House Bill 571 - 118th General Assembly
(A) Any marketing program which is established in compliance with procedures established in sections 924.04 to 924.07 of the Revised Code, may include, but shall not be limited to, authority to:
(1) Develop markets for the agricultural commodity for which the marketing program was established;
(2) Advertise and otherwise promote the sale of such agricultural commodity;
(3) Assemble and distribute market information for such agricultural commodity;
(4) Research and survey markets for and the marketing of such agricultural commodity;
(5) Conduct research to improve production of and develop new uses for such agricultural commodity;
(6) Contract with qualified organizations, agencies, or individuals to carry out any of the above activities;
(7) Contribute to a national or regional marketing program for such agricultural commodity if the national or regional program is exclusively for the promotion, research, marketing, and sale of the commodity; and
(8) Engage in educational programs directed toward better and more efficient utilization of agricultural commodities.
(B) If the proposed program provided for in division (B) of section 924.04 of the Revised Code recommends that the operating committee for the marketing program be elected by the producers of the commodity instead of appointed by the director under section 924.07 of the Revised Code, the marketing program shall include nomination and election procedures.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 924 | Agricultural Commodity Marketing Programs › Section 924.05 | Filing Properly Certified Report by Handler, Distributor or Processor.

Effective:
November 21, 1969
Latest Legislation:
House Bill 576 - 108th General Assembly
(A) The director of agriculture may require each handler, distributor, or processor of any Ohio agricultural commodity for which a marketing program is proposed to file with him within thirty days, a properly certified report which shows:
(1) The correct name and address of each producer of such agricultural commodity from whom such handler, distributor, or processor received such agricultural commodity in the marketing season preceding the filing of such report;
(2) The volume marketed by each such producer during the preceding marketing season.
(B) The director shall not make public, or available to anyone for private use, the information contained in the individual reports of producers, handlers, or processors which are filed with him pursuant to this section.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 924 | Agricultural Commodity Marketing Programs › Section 924.07 | Establishing Marketing Program - Operating Committee.

Effective:
December 19, 2016
Latest Legislation:
House Bill 471 - 131st General Assembly
(A) When the producers of an agricultural commodity who vote in a referendum favor a proposed marketing program, the director of agriculture shall order the program established and, if the marketing program does not provide for the election of an operating committee, appoint an operating committee consisting of producers of the commodity to administer the program. Each operating committee shall consist of not less than three nor more than fifteen producers.
(B) Of the members first appointed to an operating committee, the director shall appoint approximately one-third for one-year terms, approximately one-third for two-year terms, and the remainder for three-year terms. Thereafter, the director shall appoint each member for a three-year term unless the appointee is to fill a vacancy in which case the appointee shall be appointed for the unexpired term. Each such subsequent appointment shall be made prior to the expiration date of the preceding or vacant term.
(C) The director shall not appoint any member of an operating committee to serve more than three successive full three-year terms.
(D) The director shall appoint members of each operating committee from a list of candidates recommended by the producers of the agricultural commodity for which the marketing program is established. Insofar as possible the members shall be equitably distributed by geographic and production areas. Any list of candidates recommended to the director by producers shall include not less than twice as many candidates as the number of members which are to be appointed, but in no case shall a list include fewer than three names.
(E) The director, or the director's designee, is an ex officio member of each operating committee, with the right to vote.
(F) Each member of an operating committee, except the director or the director's designee, is entitled to actual and necessary travel and incidental expenses while attending meetings of the committee or while engaged in the performance of official responsibilities delegated to the committee. No member of such a committee shall receive in excess of thirty dollars per day, in addition to such travel and incidental expenses, or for more than twenty-four days per year for duties performed as a member of the committee.
(G) No person is civilly liable for any actions taken in good faith as a member or employee of an operating committee.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 924 | Agricultural Commodity Marketing Programs › Section 924.08 | Monitoring Actions of Operating Committee.

Effective:
March 24, 2008
Latest Legislation:
House Bill 217 - 127th General Assembly
The director of agriculture shall monitor the actions of each operating committee to assure that:
(A) Each marketing program is self-supporting.
(B) Each such committee keeps all records that are required for agencies of the state.
(C) All program operations are in accord with:
(1) The provisions of the marketing program;
(2) Rules adopted by the director;
(3) Sections 924.01 to 924.16 of the Revised Code.
(D) Administrative activities of each committee are coordinated with those of the department of agriculture.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 924 | Agricultural Commodity Marketing Programs › Section 924.10 | Marketing Program Funds - Fiscal Year - Financial Statements.

Effective:
January 1, 2018
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) There is hereby established in the state treasury a fund for each marketing program that is established by the director of agriculture pursuant to this chapter. Except as authorized in division (B) of this section, all moneys collected by the department of agriculture from each marketing program pursuant to section 924.09 of the Revised Code shall be paid into the fund for the marketing program and shall be disbursed only pursuant to a voucher approved by the director for use in defraying the costs of administration of the marketing program and for carrying out sections 924.02, 924.03, and 924.13 of the Revised Code.
(B) In lieu of deposits in the fund established pursuant to division (A) of this section, the operating committee of any marketing program established pursuant to this chapter may deposit all moneys collected pursuant to section 924.09 of the Revised Code with a bank as defined in section 1101.01 of the Revised Code. All moneys collected pursuant to section 924.09 of the Revised Code and deposited pursuant to this division also shall be used only in defraying the costs of administration of the marketing program and for carrying out sections 924.02, 924.03, and 924.13 of the Revised Code.
(C) Each operating committee shall establish a fiscal year for its marketing program and shall publish within sixty days of the end of each fiscal year an activity and financial report and make such report available to each producer who pays an assessment or otherwise contributes to the marketing program which the committee administers, and to other interested persons.
(D) In addition to the reports required by division (C) of this section, any marketing program that deposits moneys in accordance with division (B) of this section shall submit to the director both of the following:
(1) Annually, a financial statement prepared by a certified public accountant holding a live permit from the accountancy board issued pursuant to Chapter 4701. of the Revised Code. The marketing program shall file the financial statement with the director not more than sixty days after the end of each fiscal year.
(2) Monthly, an unaudited financial statement.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 924 | Agricultural Commodity Marketing Programs › Section 924.12 | Suspending Operation of Marketing Program.

Effective:
July 5, 2002
Latest Legislation:
House Bill 455 - 124th General Assembly
(A) The director of agriculture may temporarily suspend the operation of a marketing program, or any part thereof, for any reason, upon recommendation by the operating committee for the program, for a period of not more than twelve consecutive months.
(B) At least once in each five years of operation, or at any time upon written petition by the lesser of twenty per cent or one thousand of the producers affected by a marketing program, the director shall give public notice by analogy to division (A) of and conduct a hearing under division (C) of section 119.03 of the Revised Code to consider the continuation of the program. The director shall file a copy of the public notice with the director of the legislative service commission for purposes of publishing the public notice in the register of Ohio.
(C) Within thirty days after the close of any hearing to consider the continuation of a marketing program, the director of agriculture shall recommend continuation or termination of the program, and shall give public notice of the recommendation by publication in the register of Ohio. The director also shall provide notice of the recommendation to any person who, in writing, has requested notification and may give whatever other notice the director reasonably considers necessary to ensure that notice is constructively given to all persons who are affected by the program.
(D) When the director recommends termination of a marketing program, the director shall, within forty-five days, conduct a referendum to determine whether the affected producers favor the proposed termination. The affected producers favor the termination of the program if a majority of the producers who vote in the referendum vote in favor of termination of the program.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 924 | Agricultural Commodity Marketing Programs › Section 924.13 | Termination of Marketing Program.

Effective:
April 10, 1985
Latest Legislation:
House Bill 620 - 115th General Assembly
(A) When affected producers of an agricultural commodity favor termination of a marketing program for the commodity the operating committee and the director of agriculture shall terminate all operations of the program.
(B) Upon the termination of any marketing program, the director may spend any remaining unobligated funds for any lawful purpose of the department of agriculture.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 924 | Agricultural Commodity Marketing Programs › Section 924.14 | Coordinating Committee.

Effective:
November 21, 1969
Latest Legislation:
House Bill 576 - 108th General Assembly
The director of agriculture may appoint a coordinating committee consisting of one representative from each operating committee administering a marketing program, to coordinate the efforts of all marketing programs established under this chapter.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 924 | Agricultural Commodity Marketing Programs › Section 924.15 | Enforcing Compliance.

Effective:
November 21, 1969
Latest Legislation:
House Bill 576 - 108th General Assembly
The director of agriculture may institute such action at law or in equity as appears necessary to enforce compliance with this chapter, any regulation adopted by the director under authority granted by this chapter, or any marketing program which is established in compliance with this chapter.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 924 | Agricultural Commodity Marketing Programs › Section 924.16 | Failing to Withhold or Remit Assessment.

Effective:
May 15, 1989
Latest Legislation:
Senate Bill 116 - 118th General Assembly
(A) No person shall knowingly fail or refuse to withhold or remit any assessment adopted under section 924.09 of the Revised Code.
(B) Before the director of agriculture institutes any criminal proceedings under this section, he shall give the alleged violator an opportunity to present his views to the director as to why such proceedings should not be instituted.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 924 | Agricultural Commodity Marketing Programs › Section 924.17 | Records Regarding Votes.

Effective:
December 19, 2016
Latest Legislation:
House Bill 471 - 131st General Assembly
Any record submitted to the department of agriculture under this chapter that indicates how an individual has voted in a referendum to establish or amend a marketing program under section 924.07 of the Revised Code, or in an election of the members of an operating committee under section 924.03 or 924.22 of the Revised Code is not a public record under section 149.43 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 924 | Agricultural Commodity Marketing Programs › Section 924.20 | Grain Marketing Program Definitions.

Effective:
March 24, 2008
Latest Legislation:
House Bill 217 - 127th General Assembly
As used in sections 924.20 to 924.30 of the Revised Code:
(A) "Grain" means wheat, barley, rye, or oats.
(B) "Handler" means a person who is in the business of agricultural commodity handling, as defined in section 926.01 of the Revised Code, of grain.
(C) "Producer" means a person who is in the business of producing, or causing to be produced, grain for commercial sale.
(D) "Rule" means a rule adopted under section 924.25 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 924 | Agricultural Commodity Marketing Programs › Section 924.21 | Grain Marketing Program - Administration.

Effective:
March 24, 2008
Latest Legislation:
House Bill 217 - 127th General Assembly
There is hereby established a grain marketing program. The program shall be administered in accordance with sections 924.20 to 924.30 of the Revised Code and rules.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 924 | Agricultural Commodity Marketing Programs › Section 924.211 | Soybean Marketing Program.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) There is hereby established the soybean marketing program. Except as provided under divisions (B) and (C) of this section, the procedures, requirements, and other provisions that are established under sections 924.20 to 924.30 of the Revised Code and rules that apply to the grain marketing program shall apply to the soybean marketing program. For purposes of that application, references in those sections to "grain" are deemed to be replaced with references to "soybeans."
(B) The soybean marketing program operating committee shall consist of eighteen members. Fourteen of those members shall be elected in accordance with section 924.22 of the Revised Code. The director of agriculture shall appoint the remaining four members, who shall be from the united soybean board from this state. The appointed members of the board shall be voting members of the committee.
(C) With regard to the levying of assessments under section 924.26 of the Revised Code, the assessment on soybeans shall be one-half of one per cent of the per-bushel price of soybeans at the first point of sale. However, if assessments are levied under the national soybean checkoff program created by the "Soybean Promotion, Research, and Consumer Information Act," 104 Stat. 3881 (1990), 7 U.S.C. 6301 et seq., no assessments shall be levied for purposes of the soybean marketing program established under this section.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 924 | Agricultural Commodity Marketing Programs › Section 924.212 | Hemp Marketing Program.

Effective:
July 30, 2019
Latest Legislation:
Senate Bill 57 - 133rd General Assembly
( A) There is hereby established the hemp marketing program. Except as provided under divisions (B) and (C) of this section, the procedures, requirements, and other provisions that are established under sections 924.20 to 924.30 of the Revised Code and rules that apply to the grain marketing program shall apply to the hemp marketing program. For purposes of that application, references in those sections to "grain" are deemed to be replaced with references to "hemp."
(B) The hemp marketing program operating committee shall consist of eighteen members. Fourteen of those members shall be elected in accordance with section 924.22 of the Revised Code. The director of agriculture shall appoint the remaining four members. The appointed members of the board shall be voting members of the committee.
(C) With regard to the levying of assessments under section 924.26 of the Revised Code, the assessment on hemp shall be one-half of one per cent of the value of hemp seed, fiber, or flower at the first point of sale.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 924 | Agricultural Commodity Marketing Programs › Section 924.22 | Grain Marketing Program Operating Committee.

Effective:
March 24, 2008
Latest Legislation:
House Bill 217 - 127th General Assembly
(A) For the purposes of sections 924.20 to 924.30 of the Revised Code, the director of agriculture shall hold an election to determine the membership of a grain marketing program operating committee in accordance with rules. The election shall be for nine members of the operating committee.
(B) Not later than one hundred twenty days after the effective date of this section, the director shall accept the names of persons as nominees to serve on the operating committee. In accepting nominations and placing names on the ballot, the director shall follow the procedures established in rules.
(C) Not later than one hundred eighty days after the effective date of this section, the director shall hold an election to determine the membership of the operating committee. In the election, eligible producers may cast votes in person at or mail ballots to polling places designated by the director. The director shall establish a three-day period during which eligible producers may vote in person during normal business hours at the designated polling places. The director or another appropriate person shall send a ballot by ordinary first-class mail to an eligible producer who requests one by calling the toll-free telephone number or submitting the ballot request form provided for in division (D) of this section, by calling one of the designated polling places, or by any additional method that the director may provide. A ballot returned by mail is not valid if it is postmarked later than the third day of the election period established by the director.
(D) For the purposes of an election of members of the grain marketing program operating committee, the director shall cause a ballot request form to be published at least thirty days before the beginning of the election period established in accordance with division (C) of this section in at least two appropriate periodicals designated by the director and shall make the form available for reproduction to any interested group or association. The director also shall provide a toll-free telephone number that producers may call to request a ballot.
(E) Following the election of the initial members of the operating committee, the director shall hold subsequent elections in order to maintain the membership of the operating committee as provided in rules. The elections shall be held in the manner established in this section and rules for the election of initial members.
(F) Persons elected to the grain marketing program operating committee shall hold office in accordance with rules.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 924 | Agricultural Commodity Marketing Programs › Section 924.23 | Operating Committee Meetings - Immunity.

Effective:
March 24, 2008
Latest Legislation:
House Bill 217 - 127th General Assembly
(A) The grain marketing program operating committee shall hold at least one meeting per quarter each year. The members of the operating committee annually shall select officers, including a chairperson and a vice-chairperson.
(B) A majority of the members of the operating committee constitutes a quorum. A majority of concurring votes is required to pass a motion or approve any operating committee action.
(C) The director of agriculture, or the director's designee, is an ex-officio voting member of the operating committee.
(D) Each member of the operating committee, except the director or the director's designee, is entitled to actual and necessary travel and incidental expenses while attending meetings of the committee or while engaged in the performance of official responsibilities as a member of the committee.
(E) A member or employee of the operating committee is not civilly liable for any actions taken in good faith as a member or employee, as applicable, of the committee.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 924 | Agricultural Commodity Marketing Programs › Section 924.24 | Duties and Powers of Operating Committee.

Effective:
December 19, 2016
Latest Legislation:
House Bill 471 - 131st General Assembly
(A) The grain marketing program operating committee shall do all of the following:
(1) Hire personnel and contract for services that are necessary for the operation of the grain marketing program;
(2) Promote the sale of grain for the purpose of maintaining and expanding present markets and creating new and larger intrastate, interstate, and foreign markets for grain, and inform the public of the uses and benefits of grain;
(3) Establish requirements and procedures for the collection of assessments that the operating committee is required to levy under section 924.26 of the Revised Code, including the method and frequency of collection;
(4) Establish procedures to be used by a person who wishes to file for a refund of the person's assessment that is levied under section 924.26 of the Revised Code;
(5) Perform all acts and exercise all powers incidental to, in connection with, or considered reasonably necessary, proper, or advisable to effectuate the purposes of sections 924.20 to 924.30 of the Revised Code.
(B) The operating committee may do any or all of the following:
(1) Conduct, and contract with others to conduct, research, including the study, analysis, dissemination, and accumulation of information obtained from the research or elsewhere, concerning the marketing and distribution of grain, the storage, processing, and transportation of grain, and the production and product development of grain;
(2) Provide the wholesale and retail grain trade with information relative to proper methods of handling and selling grain;
(3) Conduct, and contract with others to conduct, market surveys and analyses, undertake any other similar activities that it determines are appropriate for the maintenance and expansion of present markets and the creation of new and larger markets for grain, and enter into contracts, in the name of the committee, to render service in formulating and conducting plans and programs and other contracts or agreements that the committee considers necessary for the promotion of the sale of grain;
(4) Publish and distribute to producers and others information relating to the grain industry;
(5) Propose to the director of agriculture rules and amendments to rules that are necessary for the exercise of its powers and the performance of its duties;
(6) Establish priorities and prepare and approve a budget consistent with estimated resources and the scope of the grain marketing program;
(7) Receive and investigate, or cause to be investigated, complaints concerning and violations of the grain marketing program. The operating committee shall refer any violations to the director for action under section 924.29 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 924 | Agricultural Commodity Marketing Programs › Section 924.25 | Director to Monitor Committee - Rules.

Effective:
December 19, 2016
Latest Legislation:
House Bill 471 - 131st General Assembly
(A) The director of agriculture shall monitor the activities of the grain marketing program operating committee to ensure all of the following:
(1) The grain marketing program is self-supporting.
(2) The operating committee keeps all records that are required for agencies of the state.
(3) The program's operations comply with all of the following:
(a) The provisions of the program;
(b) Rules;
(c) Sections 924.20 to 924.30 of the Revised Code.
(4) Administrative activities of the committee are coordinated with those of the department of agriculture.
(B) The director may adopt rules in accordance with Chapter 119. of the Revised Code that are necessary to carry out the purposes of sections 924.20 to 924.30 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 924 | Agricultural Commodity Marketing Programs › Section 924.26 | Levy of Assessments on Producers and Handlers.

Effective:
January 1, 2018
Latest Legislation:
House Bill 49 - 132nd General Assembly
(A) The grain marketing program operating committee shall levy on producers and, as provided in division (B) of this section, handlers the following assessments, as applicable:
(1) One-half of one per cent of the per-bushel price of wheat at the first point of sale;
(2) One-half of one per cent of the per-bushel price of barley at the first point of sale;
(3) One-half of one per cent of the per-bushel price of rye at the first point of sale;
(4) One-half of one per cent of the per-bushel price of oats at the first point of sale.
(B) The director may require a handler to withhold assessments from any amounts that the handler owes to producers and to remit them to the operating committee. A handler who pays for a producer an assessment that is levied under this section may deduct the amount of the assessment from any money that the handler owes to the producer.
(C) The operating committee shall deposit all money collected under this section with a bank as defined in section 1101.01 of the Revised Code. All money so collected and deposited shall be used only for defraying the costs of administration of the marketing program and for carrying out sections 924.20 to 924.30 of the Revised Code. The operating committee shall not use any assessments that it levies for any political or legislative purpose or for preferential treatment of one person to the detriment of any other person affected by the grain marketing program.
(D) The operating committee shall refund to a producer the assessments that it collects from the producer not later than thirty days after receipt of a valid application by the producer for a refund, provided that the producer complies with the procedures for a refund established by the committee under section 924.24 of the Revised Code.
An application for a refund shall be made on a form provided by the director. The operating committee shall ensure that refund forms are available where assessments for the grain marketing program are collected.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 924 | Agricultural Commodity Marketing Programs › Section 924.27 | Program Fiscal Year - Reports - Financial Statements.

Effective:
March 24, 2008
Latest Legislation:
House Bill 217 - 127th General Assembly
(A) The grain marketing program operating committee shall establish a fiscal year for the grain marketing program. Within sixty days of the end of each fiscal year, the operating committee shall publish an activity and financial report and make the report available to each producer who pays the assessment levied under section 924.26 of the Revised Code or otherwise contributes to the program and to other interested persons.
(B) In addition to the reports required by division (A) of this section, the operating committee shall submit to the director of agriculture both of the following:
(1) An annual financial statement prepared by a certified public accountant holding a permit issued by the accountancy board under Chapter 4701. of the Revised Code. The operating committee shall file the financial statement with the director not more than sixty days after the end of each fiscal year.
(2) A monthly unaudited financial statement.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 924 | Agricultural Commodity Marketing Programs › Section 924.28 | Suspension or Termination of Program.

Effective:
March 24, 2008
Latest Legislation:
House Bill 217 - 127th General Assembly
The grain marketing program may be suspended or terminated in the same manner in which other marketing programs are suspended or terminated under sections 924.12 and 924.13 of the Revised Code.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 924 | Agricultural Commodity Marketing Programs › Section 924.29 | Civil Action to Enforce Compliance.

Effective:
March 24, 2008
Latest Legislation:
House Bill 217 - 127th General Assembly
The director of agriculture may institute an action at law or in equity that appears necessary to enforce compliance with sections 924.20 to 924.30 of the Revised Code, rules, or the grain marketing program that is established in compliance with those sections and rules.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 924 | Agricultural Commodity Marketing Programs › Section 924.30 | Failure to Withhold or Remit Assessment.

Effective:
March 24, 2008
Latest Legislation:
House Bill 217 - 127th General Assembly
(A) No person shall knowingly fail or refuse to withhold or remit an assessment levied under section 924.26 of the Revised Code.
(B) Before instituting an enforcement action for a violation of this section, the director of agriculture shall give the alleged violator an opportunity to present the alleged violator's views to the director as to why the action should not be instituted.
2023 Ohio Revised Code › Title 9 | Agriculture-Animals-Fences › Chapter 924 | Agricultural Commodity Marketing Programs › Section 924.40 | Rules and Authority Regarding Marketing Agreements for Agricultural Commodities.

Effective:
December 26, 2012
Latest Legislation:
Senate Bill 309 - 129th General Assembly
(A) For purposes of sections 924.40 to 924.46 of the Revised Code, the director of agriculture shall adopt rules in accordance with Chapter 119. of the Revised Code that establish procedures and requirements that are necessary to administer and implement a marketing agreement executed under those sections for an agricultural commodity or a region of the state concerning an agricultural commodity that is the subject of the marketing agreement.
(B) For purposes of sections 924.40 to 924.45 of the Revised Code, the director may do all of the following:
(1) Approve a marketing agreement;
(2) Terminate a marketing agreement executed under those sections if any of the following applies:
(a) The director finds that the agreement or any terms of the agreement violate state or federal law.
(b) A producer is engaging in malfeasance, disparagement, or unfair trade practices.
(c) The number of producers that signed the marketing agreement becomes fewer than the minimum number of producers that are necessary for the administration of the marketing agreement to be financially self-supporting.
(3) Enter and inspect a facility of a producer that signed a marketing agreement to ensure compliance with the marketing agreement. The director may delegate that authority to another person or contract with another person to exercise that authority.
(4) Adopt rules in accordance with Chapter 119. of the Revised Code that establish civil penalties that the director may assess against a person that signed a marketing agreement who violates its terms or who violates sections 924.40 to 924.45 of the Revised Code and rules adopted under those sections;
(5) Enforce rules under sections 924.40 to 924.45 of the Revised Code.