reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-55 - Apiary Registration › Section 901:5-55-07 - Disease controls

Current through all regulations passed and filed through July 1, 2024
(A)
								If any serious
			 bee disease is diagnosed or africanized bees are discovered in an apiary, the
			 state apiarist, deputy apiarist, or deputy state apiarist shall provide notice
			 to the bee keeper indicating:
(1)
									The results of the inspection and any evidence of the
			 serious bee disease or africanized bees;
(2)
									The corrective
			 actions, if any are available, that are needed to be taken by the apiary;
			 and
(3)
									The time in which the apiary has to comply with the
			 corrective actions.
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-55 - Apiary Registration › Section 901:5-55-08 - Special inspection fees

Current through all regulations passed and filed through July 1, 2024
(A) Any inspections conducted by the
			 state apiarist, deputy apiarist, or deputy state
			 apiarist on honey bee colonies and used beekeeping equipment
			 entering this state, where the state or country of origin has no inspection
			 facilities, shall be assessed a fee of fifty
			 cents for each colony plus a flat rate of twenty dollars per day.
(B)
								The
			 inspection fee shall be due upon the
			 completion of the inspection and made payable to the  department,
								
								unless otherwise indicated.
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-56 - Quarantine Restrictions › Section 901:5-56-01 - Notice of quarantine

Current through all regulations passed and filed through July 1, 2024
(A)
								Pursuant to
			 sections
			 927.70
			 and
			 927.52
			 of the Revised Code, the director has determined the insect Lycorma delicatula,
			 more commonly known as the spotted lanternfly, to be destructive and
			 dangerously harmful pest due to the spotted lanternfly's impact on agriculture
			 and the environment.
(B)
								Except as provided in rule 901:5-56-05 of the
			 Administrative Code, no person shall transport any regulated articles, as
			 defined in rule
			 901:5-56-03
			 of the Administrative Code, from a regulated area, as defined in rule
			 901:5-56-04 of the Administrative Code, into or through a non-regulated area in
			 the state of Ohio.
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-56 - Quarantine Restrictions › Section 901:5-56-02 - Definitions

Current through all regulations passed and filed through July 1, 2024
As used in this chapter:
(A)
								"Compliance
			 agreement" means a written agreement between a person engaged in growing,
			 selling, processing, or moving regulated articles, and a department of
			 agriculture or regulatory equivalent setting forth specified measures for the
			 person to implement to prevent the spread of the spotted
			 lanternfly.
(B)
								"Department" means the Ohio department of
			 agriculture.
(C)
								"Director" means the director of the Ohio department of
			 agriculture.
(D)
								"Infestation" means either the presence of the spotted
			 lanternfly in any living stage, or evidence that the spotted lanternfly is
			 present in any living stage (egg, nymph, adult).
(E)
								"Official
			 Certificate" means a compliance agreement certificate, certificate of
			 quarantine compliance, permit, or other document approved by the Ohio
			 department of agriculture and the origin state or USDA, which allows the
			 movement of regulated articles.
(F)
								"Person" means
			 any individual, partnership, corporation, company, society, association, unit
			 of government, or other organized group.
(G)
								"Spotted
			 lanternfly" means the live insect, Lycorma delicatula, in any life stage (egg,
			 nymph, adult).
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-56 - Quarantine Restrictions › Section 901:5-56-03 - Regulated articles

Current through all regulations passed and filed through July 1, 2024
The articles listed in paragraphs (A)
				to (C) of this rule are regulated articles subject to the quarantine
				established in rule
				901:5-56-01
				of the Administrative Code.
(A)
								The spotted lanternfly in any living stage of
			 development;
(B)
								Plants and plant parts, which include, but are not
			 limited to, live or dead trees, nursery stock, firewood, logs, perennial
			 plants, garden plants, agricultural produce, stumps, branches;
			 and
(C)
								Any other products, articles, or means of conveyance
			 that pose a reasonable risk of spreading spotted lanternfly as determined by
			 the director.
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-56 - Quarantine Restrictions › Section 901:5-56-04 - Regulated area

Current through all regulations passed and filed through July 1, 2024
The areas listed in this rule are
				declared to be regulated areas where a spotted lanternfly infestation is known
				to exist at a level which poses a risk of spreading the pest to noninfested
				areas of Ohio and other states.
(A)
								The following
			 states or portions of states infested with the spotted lanternfly as listed
			 here: Pennsylvania, New York, Connecticut, New Jersey, Maryland, Virginia, West
			 Virginia, Delaware, and Ohio.
(B)
								A list of
			 regulated areas may be found at the Ohio department of agriculture's website:
www.agri.ohio.gov
. Inclusion on the list published at the Ohio department of
			 agriculture's website is considered as written notice in accordance with
			 division (B) of section
			 927.71
			 of the Revised Code.
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-56 - Quarantine Restrictions › Section 901:5-56-05 - Conditions of movement

Current through all regulations passed and filed through July 1, 2024
(A)
								No person shall
			 move regulated articles that have originated from a regulated area into a
			 non-regulated area within the state of Ohio unless:
(1)
									Such regulated
			 article is accompanied by an official certificate approved by the department or
			 will be moved into the state of Ohio for experimental or scientific purposes,
			 on such conditions and under such safeguards as may be prescribed in writing by
			 the department; or
(2)
									Such regulated article has been loaded, handled, or
			 shipped in a manner reasonably designed to prevent the regulated article from
			 becoming infested with or harboring spotted lanternfly; and
(3)
									The regulated
			 article is accompanied by a waybill that sets forth the regulated article's
			 point of origin and intended destination.
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-56 - Quarantine Restrictions › Section 901:5-56-06 - Inspection and disposition of shipments

Current through all regulations passed and filed through July 1, 2024
(A)
								The department
			 may inspect any container, conveyance, package, or vehicle reasonably believed
			 to contain a regulated article.
(B)
								When a regulated
			 article has been moved into the state of Ohio in violation of this rule, an
			 inspector may take action as authorized by the director to mitigate the risk of
			 introduction or spread of the spotted lanternfly.
(C)
								If a regulated
			 article is found to be infested with or harboring spotted lanternfly, such
			 regulated article must be rendered free of infestation without cost to the
			 state of Ohio.
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-57 - Asian Longhorned Beetle › Section 901:5-57-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
As used in Chapter 901:5-57 of the Administrative Code:
(A) "Compliance agreement" means a written
			 accord between the Ohio department of agriculture and a person subject to a
			 quarantine, containing the requirements the person must comply with in order to
			 move regulated articles from, into, through, or within a regulated or
			 quarantined area.
(B)
								"Department" means the Ohio department of
			 agriculture.
(C)
								"Firewood" means wood, either split or unsplit, in
			 sections less than four feet in length.
(D) "Infestation"
			 means the presence of Asian longhorned beetle, in any
			 life stage, or signs of Asian longhorned beetle damage giving
								 evidence of its
			 presence.
(E)  "Person" means person as defined in division (C)
			 of section 1.59 of the Revised
			 Code.
(F) "Pest" means the destructive insect known as Asian
			 longhorned beetle (Anoplophora glabripennis) in any living stage of
			 development.
(G) "Regulated area" means the portion of the
			 quarantined state and appropriate environs with an infestation of the Asian
			 longhorned beetle as declared by the director in accordance with section
			 927.71 of the Revised Code, to
			 which this quarantine is limited.
(H) "Regulated
			 article" means any item, combination of items, or means of conveyance
			 determined by the director of agriculture to be capable of or having the
			 potential to harbor, spread, or assist in the spreading of Asian longhorned
			 beetle.
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-57 - Asian Longhorned Beetle › Section 901:5-57-02 - Notice of quarantine

Current through all regulations passed and filed through July 1, 2024
(A)
								Pursuant to
			 Chapter 927. of the Revised Code, the highly destructive insect known as the
			 Asian longhorned beetle (Anoplophora glabripennis) is classified as a plant
			 pest due to its invasive and devastating impact on the
			 environment.
(B)
								Except as provided in rule
			 901:5-57-03
			 of the Administrative Code, no person shall move or cause to be moved any
			 regulated article, as defined in rule
			 901:5-57-04 of
			 the Administrative Code, from or within a regulated area, as defined in rule
			 901:5-57-05 of
			 the Administrative Code, into or through a non-regulated area in the state of
			 Ohio.
Replaces: 901:5-57-02
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-57 - Asian Longhorned Beetle › Section 901:5-57-03 - Conditions of movement

Current through all regulations passed and filed through July 1, 2024
(A)
								As stated in rule
			 901:5-57-02
			 of the Administrative Code, no person shall move from any regulated area as
			 defined by rule
			 901:5-57-04 of
			 the Administrative Code any regulated article as defined by rule
			 901:5-57-05 of
			 the Administrative Code except in accordance with the conditions specified
			 herein:
(1)
									The
			 person has first entered into a compliance agreement with the department or the
			 United States department of agriculture;
(2)
									The regulated
			 article is accompanied by an official certificate from the the department or
			 United States department of agriculture verifying that the regulated article
			 complies with the conditions of the associated compliance agreement;
			 and
(3)
									The compliance agreement may require and specify the
			 manner in which a regulated article is harvested, treated, stored, moved,
			 processed, or disposed. The compliance agreement may contain any other
			 requirements that the department determines are necessary to ensure that the
			 purpose of the quarantine is not compromised.
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-57 - Asian Longhorned Beetle › Section 901:5-57-04 - Regulated articles

Current through all regulations passed and filed through July 1, 2024
The articles listed in this rule are
				regulated articles subject to the quarantine established in rule
				901:5-57-02
				of the Administrative Code
(A)
								Firewood, stumps, roots, branches, debris and other
			 material living, dead, cut, or fallen from all hardwood species;
			 and
(B)
								Lumber, nursery stock and logs of the following
			 genera:
(1)
									
			 Acer (maple),
(2)
									Aesculus (horse chestnut),
(3)
									Albizia
			 (mimosa),
(4)
									Betula (birch),
(5)
									Cercidiphyllum
			 (katsura),
(6)
									Fraxinus (ash),
(7)
									Koelteria (golden
			 raintree),
(8)
									Platanus (sycamore),
(9)
									Populus
			 (poplar),
(10)
									Salix (willow),
(11)
									Sorbus (mountain
			 ash), and
(12)
									Ulmus (elm).
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-57 - Asian Longhorned Beetle › Section 901:5-57-05 - Regulated areas

Current through all regulations passed and filed through July 1, 2024
The areas listed in this rule are
				declared to be regulated areas where the pest is known to exist at a level
				which poses a risk of spreading the pest to non-infested areas of Ohio and
				other states:
(A)
								Tate township, Clermont county;
(B)
								All acreage in
			 East Fork state park;
(C)
								All public lands in Williamsburg township south of
			 Clover rd. from where Clover rd. ends at Harsha lake following a line due west
			 to the closest point that intersects the boundary of Tate township and
			 Williamsburg township; and
(D)
								Additional
			 regulated areas may be designated as quarantined by the Ohio department of
			 agriculture pursuant to section
			 927.71 of the Revised Code.
			 Detailed maps of the most current regulated areas can be found by visiting the
			 department's website: www.agri.ohio.gov.
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-58 - Walnut Twig Beetle › Section 901:5-58-01 - Notice of quarantine

Current through all regulations passed and filed through July 1, 2024
(A)
								Pursuant to
			 sections 927.70 and
			 927.52 of the Revised Code, the
			 director has determined the insect Cydalima perspectalis, more commonly known
			 as the box tree moth, to be destructive and dangerously harmful pest due to the
			 box tree moth's impact on agriculture and landscapes.
(B)
								Except as
			 provided in rule 901:5-58-05 of the Administrative Code, no person shall
			 transport any regulated articles, as defined in rule
			 901:5-58-03 of the
			 Administrative Code, from a regulated area, as defined in rule
			 901:5-58-04 of the
			 Administrative Code, into or through a non-regulated area in the state of
			 Ohio.
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-58 - Walnut Twig Beetle › Section 901:5-58-02 - Definitions

Current through all regulations passed and filed through July 1, 2024
The following terms as used in this
				chapter shall be construed to mean:
(A)
								"Box Tree Moth"
			 means any living life stage of the insect known as Cydalima
			 perspectalis.
(B)
								"Official Certificate" means a phytosanitary
			 certificate, compliance agreement certificate, certificate of quarantine
			 compliance, permit, or its equivalent issued by the Ohio department of
			 agriculture, an authorized state agricultural official or USDA.
(C)
								"Compliance
			 agreement" means a written agreement between a person engaged in growing,
			 selling, processing, or moving regulated articles, and a department of
			 agriculture or regulatory equivalent setting forth specified measures for the
			 person to implement to prevent the spread of the box tree moth.
(D)
								"Department"
			 means the Ohio department of agriculture.
(E)
								"Director" means
			 the director of the Ohio department of agriculture or authorized
			 representative.
(F)
								"Infestation" means the presence of the box tree moth
			 or the existence of the circumstances that make it reasonable to believe that
			 the box tree moth is present.
(G)
								"Inspector" means
			 an employee of the department authorized to enforce the provisions of this
			 quarantine.
(H)
								"Moved or Move or Movement" means shipped, held for
			 shipment, received for shipment, transported, carried, or allowed to be moved
			 or shipped.
(I)
								"Person" means any individual, partnership,
			 corporation, company, society, association, unit of government, or other
			 organized group.
(J)
								"Pest" means box tree moth (Cydalima
			 perspectalis).
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-58 - Walnut Twig Beetle › Section 901:5-58-03 - Regulated articles

Current through all regulations passed and filed through July 1, 2024
Box tree moth (Cydalima perspectalis),
				in any living form. The whole plant, plant parts, and nursery stock of the
				genus Buxus, including all living and dead material, cut or fallen stems and
				branches, stumps, stems, roots, branches, leaves and debris, any of which
				measuring a half inch or greater in any two dimensions as measured by a sieve
				or other appropriate mechanism, or any plant material that is commingled with
				or indistinguishable from any part of the Buxus plant and/or plant parts except
				seeds. A regulated article may also include any other article, commodity, item,
				or product that the director reasonably believes to be infested or susceptible
				to infestation by box tree moth.
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-58 - Walnut Twig Beetle › Section 901:5-58-04 - Regulated area

Current through all regulations passed and filed through July 1, 2024
The areas listed in this rule are
				declared to be regulated areas where a box tree moth infestation is known to
				the director of agriculture to exist at a level which poses a risk of spreading
				the pest to non-infested areas of Ohio and other states.
(A)
								The following
			 states or portions of states infested with the box tree moth as listed here:
			 Massachusetts, Michigan, New York and Ohio.
(B)
								Additional
			 regulated areas designated as quarantined by the Ohio department of agriculture
			 pursuant to section 927.71 of the Revised Code.
			 Detailed maps of the regulated areas can be found by visiting the department's
			 website:
www.agri.ohio.gov
.
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-58 - Walnut Twig Beetle › Section 901:5-58-05 - Conditions of movement

Current through all regulations passed and filed through July 1, 2024
(A)
								Regulated
			 articles may move into or through regulated areas provided that the regulated
			 article has not originated from a regulated area and:
(1)
									Such regulated
			 articles are accompanied by a waybill that sets forth the regulated article's
			 point of origin and intended destination;
(2)
									Such regulated
			 articles have moved directly through a regulated area without stopping except
			 for refueling and traffic conditions;
(3)
									Such regulated
			 articles are in transit through the regulated area for no more than eight hours
			 and which are safeguarded from infestation by tarping or enclosure and are not
			 unloaded or commingled with regulated articles of different origins for the
			 purposes of a delivery route; or
(4)
									Such regulated
			 articles are moved into the regulated area for the purpose of immediate
			 installation or delivery to a licensed dealer or producer of nursery
			 stock.
Ohio Administrative Code › Title 901:6 - Weights and Measures › Chapter 901:6-1 - Handbook 44 › Section 901:6-1-01 - Revision of "Handbook 44"

Current through all regulations passed and filed through July 1, 2024
The revision of the "National Institute of Standards and
				Technology Handbook 44" made by the "National Conference on Weights and
				Measures" in 2022 and published in the "National Institute of
				Standards and Technology Handbook 44," 2023 edition, is
				hereby adopted in its entirety. The "National Institute of Standards and
				Technology Handbook 44," is available for download from the Ohio department of
				agriculture website at "
http://agri.ohio.gov/
" or from:
"National Institute of Standards and Technology
100 Bureau Drive, Stop 2600
Gaithersburg, MD 20899-2600
http://www.nist.gov/
"
Ohio Administrative Code › Title 901:6 - Weights and Measures › Chapter 901:6-2 - Model State Regulation for National-Type Evaluation › Section 901:6-2-01 - National type evaluation program

Current through all regulations passed and filed through July 1, 2024
(A)
								Application
This regulation applies to any type of
				device and/or equipment covered in "National Institute of Standards and
				Technology (NIST) Handbook 44" (2023 edition) for which evaluation procedures
				have been published in the national conference on weights and measures (NCWM),
				Publication 14, "National Type Evaluation Program, Technical Policy,
				Checklists, and Test Procedures" (2023 edition).
(B)
								Definitions
(1)
									Active
			 certificate of conformance (CC)- a document issued based on testing by a
			 participating laboratory, which the certificate holder maintains in active
			 status under the nation type evaluation program (NTEP). The document
			 constitutes evidence of conformance of a type with the requirements of this
			 document, NIST Handbook 44, "Specifications, Tolerances, and Other Technical
			 Requirements for Weighing and Measuring Devices," (2023 edition) and the test
			 procedures contained in NCWM Publication 14. By maintaining the certificate in
			 active status, the certificate holder declares the intent to continue to
			 manufacture or remanufacture the device consistent with the type and in
			 conformance with the applicable requirements. A device is traceable to an
			 active CC if:
(a)
										it is of the same type identified on the certificate,
			 and
(b)
										it was manufactured during the period that the
			 certificate was maintained in active status. For manufacturers of grain
			 moisture meters, maintenance of active status also involves annual
			 participation in the NTEP "Laboratory Ongoing Calibration Program," OCP (phase
			 II).
Ohio Administrative Code › Title 901:6 - Weights and Measures › Chapter 901:6-3 - Labeling and Packaging › Section 901:6-3-01 - Labeling and packaging

Current through all regulations passed and filed through July 1, 2024
The "National Institute of Standards
				and Technology Handbook 130, Chapter IV Uniform Regulations, Section A Uniform
				Packaging and Labeling Regulation" (2023 edition) is hereby adopted in its
				entirety and is available for download from the Ohio department of agriculture
				website at "
http://agri.ohio.gov/
" or from
"National Institute of Standards and
				Technology
100 Bureau Drive, Stop
				2600
Gaithersburg, MD
				20899-2600
http://www.nist.gov/
"
Replaces: 901:6-3-01
Ohio Administrative Code › Title 901:6 - Weights and Measures › Chapter 901:6-4 - Registration of Weighing or Measuring Devices › Section 901:6-4-01 - Device registration and permitting

Current through all regulations passed and filed through July 1, 2024
(A) Application.
This rule applies only to commercially used weighing and
				measuring devices that are permitted pursuant to section
				1327.501 of the Revised
				Code.
(B) The director may
			 deny a device registration if :
(1)
									The device is not compliant with
			 applicable requirements of "NIST
									handbook 44" as adopted in rule
			 901:6-1-01 of the
			 Administrative Code;
(2)
									The
			 device is not traceable to a certificate of conformance prior to use for
			 commercial or law enforcement purposes as identified in rule
			 901:6-2-01 of the
			 Administrative Code;
(3)
									The device
			 does not have an identified marking such as a serial or identification
			 number;
(4)
									The device
			 is not making the final validation of the transaction;
(5)
									The device
			 registration fee has not been paid; or,
(6) The device
			 owner has violated any section of 1327.501 of the Revised Code.
Ohio Administrative Code › Title 901:6 - Weights and Measures › Chapter 901:6-5 - Retail Sales of Motor Fuel › Section 901:6-5-02 - Retail sale of fuels

Current through all regulations passed and filed through July 1, 2024
(A) Street signage is not required. However,
			 when street signage is used, the sign shall match the product and the price at
			 which the product is displayed.
(1) In the
			 event of a pre or post delivery discount, the highest price available to all
			 consumers shall be posted.
(2) In
			 the event the price is determined by a qualifier, the qualifier must be on the
			 street sign, such as cash or credit, using the highest price available to all
			 consumers.
(3) In the event of a
			 price increase, the price must be changed on the sign prior to the pump, if not
			 simultaneously.
(4) In the event of
			 a price decrease, the price must be changed on the pump prior to the sign, if
			 not simultaneously.
Ohio Administrative Code › Title 901:6 - Weights and Measures › Chapter 901:6-7 - Packaging and Pricing of Food and Nonfood Products › Section 901:6-7-01 - Method of sale

Current through all regulations passed and filed through July 1, 2024
(A)
								The "National
			 Institute of Standards and Technology Handbook 130, Chapter IV Uniform
			 Regulations, Section B Uniform Regulation for the Method of Sale of
			 Commodities" (2023 edition) is hereby adopted with the exception of the
			 following paragraphs which are covered under Chapter 901:6-5 of the
			 Administrative Code:
(1)
									2.21. Liquefied petroleum gas;
(2)
									2.27. Retail
			 sales of natural gas sold as a vehicle fuel;
(3)
									2.30. Ethanol
			 flex fuel;
(4)
									2.31. Biodiesel and biodiesel blends;
(5)
									2.32. Retail
			 sales of hydrogen fuel (H);
(6)
									2.34. Retail
			 sales of electricity sold as a vehicle fuel; and
(7)
									2.40. Diesel
			 fuel.
Ohio Administrative Code › Title 901:6 - Weights and Measures › Chapter 901:6-8 - Registration of Servicepersons and Service Agencies › Section 901:6-8-01 - Voluntary registration of Ohio's servicepersons and service agencies

Current through all regulations passed and filed through July 1, 2024
(A) Definitions:
(1) "Registrant" means a serviceperson or
			 service agency which has been registered by the department.
(2) "Commercial weighing and measuring
			 device" means any weight, measure, or weighing or measuring device commercially
			 used or employed in establishing size, quantity, extent, area, or measurement
			 of quantities, things, produce, or articles for distribution or consumption
			 which are purchased, offered, or submitted for sale, hire, or award, or in
			 computing any basic charge or payment for services rendered, and shall also
			 include any accessory attached to or used in connection with a commercial
			 weighing or measuring device when such accessory is so designed or installed
			 that the
			 accessory's operation affects, or may affect, the accuracy of the
			 device.
(3) "Serviceperson" means
			 any individual who installs, services, repairs, places
			 into service, or reconditions, for hire, award, commission, or any other
			 payment of kind, a commercial weighing or measuring device.
(4) "Service
			 agency" means any individual, agency, firm, company, or corporation which for
			 hire, award, commission, or any other payment of kind, installs, services,
			 repairs, places into service, or reconditions a
			 commercial weighing or measuring device.
(5) "Certificate of registration"
			 means a document issued biennially by the department
			 based on payment of the appropriate fee, satisfactory completion of the
			 qualifying examination, and provided that applicant meets all
			 other applicable requirements of paragraph (D) of this rule.
(6) "Broken seal form" means the notification
			 form which includes descriptive information about a device and indicates that a
			 security seal has been broken which can be found on the department's website
www.agri.ohio.gov
.
(7) "Install" means
			 to move a device to a new location or
			 to put
			 a device into commercial service for the first
			 time.
(8) "Rejected" means a device
			 that is not correct.
(9)
			 "Condemned" means a device that needs repair and cannot be used until
			 repaired.
(10) "Security seal"
			 means a uniquely identifiable physical seal, such as a lead-and-wire seal or
			 other type of locking seal, a pressure sensitive seal sufficiently permanent to
			 reveal the
			 security seal's removal, or similar apparatus attached to a weighing or
			 measuring device for protection against or indicating of access to adjustment,
			 or an audit trail that indicates access to the adjustment.
(11) "Department" means the Ohio department
			 of agriculture.
Ohio Administrative Code › Title 901:6 - Weights and Measures › Chapter 901:6-9 - Training for Weights and Measures Inspector Personnel › Section 901:6-9-01 - Minimum training requirements for weights and measures inspector personnel

Current through all regulations passed and filed through July 1, 2024
(A) As used in this rule:
(1) "Inspector personnel" and "inspector"
			 means an individual either employed by the Ohio department of agriculture's
			 division of weights and measures, or appointed by a county or city sealer, to
			 inspect weights and measures, and commodities in package form;
(2) "Weights and measures" means all weights
			 and measures of every kind, instruments and devices for weighing and measuring,
			 and any appliances and accessories associated with any such instruments and
			 devices, except
			 that the term "weights and measures" shall not be construed to include meters
			 for the measurement of electricity, gas, whether natural or manufactured, or
			 water when the same are operated in a public utility system. Such electricity,
			 gas, and water meters, and appliances or accessories associated therewith, are
			 specifically excluded from the purview of the weights and measures
			 laws;
(3) "Commodity in
			 package form" means any commodity put up or packaged in
			 any manner in advance of  either wholesale or retail sale;
(4) "Ohio training program" means the two- part self-study programand two
			 comprehensive examinations  prescribed and administered by the Ohio department of
			 agriculture.
(5)
									"NIST handbook 44" means "National Institute of
			 Standards and Technology handbook 44" as adopted in rule 901:6-1-01 of the
			 Administrative Code.
Ohio Administrative Code › Title 901:7 - Grain Warehouses › Chapter 901:7-2 - Licensed Agricultural Commodities Handlers › Section 901:7-2-01 - License, examination and renewal fees

Current through all regulations passed and filed through July 1, 2024
(A) All renewal licenses shall be issued for
			 a twelve-month period and will expire annually on the date which corresponds
			 with the alphabetical listing of the county in which the licensee's main
			 facility is located.
(1) Richland
			 county to Wyandot county on September thirtieth.
(2) Adams county to Erie county on December
			 thirty-first.
(3) Fairfield county
			 to Logan county on March thirty-first.
(4) Lorain county to Putnam county on June
			 thirtieth.
Ohio Administrative Code › Title 901:7 - Grain Warehouses › Chapter 901:7-2 - Licensed Agricultural Commodities Handlers › Section 901:7-2-02 - Annual commodity statement

Current through all regulations passed and filed through July 1, 2024
Every licensed
								handler  shall submit with the handler's
				annual financial statement a schedule for each agricultural
				commodity handled during the stated fiscal
				year. Each
				 schedule shall list all corn, soybeans, or wheat
				received in bushels.
Ohio Administrative Code › Title 901:7 - Grain Warehouses › Chapter 901:7-2 - Licensed Agricultural Commodities Handlers › Section 901:7-2-03 - Scale weight ticket format

Current through all regulations passed and filed through July 1, 2024
(A)
			 Scale weight tickets, other than those approved for use by persons licensed
			 under the United States Warehouse Act, which are used to weigh agricultural
			 commodities handled shall contain only the following:
(1)
									A serially numbered
			 ticket series
									 used in numerical order;
(2) The name of the licensed handler and
			 location of warehouse;
(3)
			 Inclusion of the telephone number, hours of operation, and\or facility address is
			 acceptable;
(4) Date the commodity
			 is weighed;
(5) Designation that
			 the commodity is inbound or outbound at the handler's warehouse;
(6) Name of the depositor (inbound), or
			 consignee (outbound);
(7) Name of
			 the commodity;
(8) The gross, tare,
			 and net weight of the commodity and adjustments due to quality factors, if
			 applicable;
(9) The marketing
			 transaction type;
(10) Vehicle
			 driver on or off the scale at the time of weighing;
(11)
									Initialed or signed by
			 the commodity tester; and
(12)
									The ticket may
			 be initialed or signed by the driver.
Ohio Administrative Code › Title 901:7 - Grain Warehouses › Chapter 901:7-2 - Licensed Agricultural Commodities Handlers › Section 901:7-2-05 - Suitability and safety of warehouses for inspection and handling agricultural commodities

Current through all regulations passed and filed through July 1, 2024
(A) In
			 determining the suitability of warehouses for the storing, shipping, and
			 conditioning of agricultural commodities the director of agriculture
			 may
			 consider:
(1) The physical condition of the
			 warehouse and the warehouse's ability to withstand weather
			 conditions which may cause deterioration of the agricultural commodities stored
			 therein;
(2) Whether the warehouse
			 has handling equipment sufficient to transfer commodities into and out of the
			 warehouse and to maintain quality of the commodity while in storage;
(3) Whether the warehouse has scales of
			 sufficient capacity and dimensions to efficiently
			 and accurately weigh commodities into and out of the warehouse.
			 Receiving and shipping scales shall be tested and
			 sealed at least once annually by one of the following; Ohio department of
			 agriculture weights and measures division, county weights and measures
			 division, or state of Ohio registered service person or
			 company.
Ohio Administrative Code › Title 901:7 - Grain Warehouses › Chapter 901:7-2 - Licensed Agricultural Commodities Handlers › Section 901:7-2-06 - Additional warehouse examinations

Current through all regulations passed and filed through July 1, 2024
(A) Additional examinations shall occur for
			 any of the following reasons:
(1)
									A violation notice issued for violations
			 other than inventory reduction or unsigned delayed price agreements;
(2) Failure to comply with a
			 previously
			 issued violation notice;
(3)
									A
			 violation notice was issued for insufficient assets to cover delayed
			 price obligations;
(4)
									A violation notice was issued for insufficient
			 grain inventories to cover grain bailment obligations;
(5)
									The annual
			 financial statement indicates total assets do not equal or exceed total
			 liabilities; failure to meet the applicable net worth requirement set forth in
			 Chapter 926. of the Revised Code;
(6)
									The annual
			 financial statement indicates current assets do not equal or exceed
			 current liabilities;
(7)
									A
			 violation notice issued for incomplete, inadequate or non-current records
			 or inventory; or
(8)
									The necessary staff not present or available to allow for an
			 examination to be conducted.
Ohio Administrative Code › Title 901:7 - Grain Warehouses › Chapter 901:7-2 - Licensed Agricultural Commodities Handlers › Section 901:7-2-08 - Asset valuation

Current through all regulations passed and filed through July 1, 2024
The following assets shall not be included or considered as
				assets for calculating the net worth and\or in determining if current assets
				exceed current liabilities of a licensee:
(A) Goodwill;
(B) Customer lists;
(C) Non-competition clauses;
(D) Trade names;
(E) Receivables other than trade receivables
			 arising in the ordinary course of the handlers business due from any director,
			 officer, manager, or employee of the
			 handler;
(F)
			 Receivables due from any related party or business of the handler; or
(G) Accounts receivables that are past due
			 over one hundred eighty days. A schedule must be provided with the annual
			 financial statement filing.
Ohio Administrative Code › Title 901:7 - Grain Warehouses › Chapter 901:7-2 - Licensed Agricultural Commodities Handlers › Section 901:7-2-09 - Delayed price agreements, form and contents

Current through all regulations passed and filed through July 1, 2024
(A) Licensed handlers who purchase
			 agricultural commodities under delayed price agreements shall do so on the form
			 provided by the department and attached hereto as appendix A to this rule. The
			 original agreement shall be maintained by the handler. The agreements can be
			 converted to electronic copies for storage once the director has reviewed,
			 examined, and recorded the original agreement. The electronic copies will
			 remain available and viewable if requested by the director.
(B) One agreement may cover one or more
			 agricultural commodities delivered by a depositor.
(C)
								The licensed handler will
			 maintain a log of applicable charges with effective dates as specified in
			 divisions (A) and (B) of section
			 926.11 of the Revised Code.
Click to view
				Appendix
Ohio Administrative Code › Title 901:7 - Grain Warehouses › Chapter 901:7-2 - Licensed Agricultural Commodities Handlers › Section 901:7-2-10 - Agricultural commodity tester training

Current through all regulations passed and filed through July 1, 2024
(A) A training course in agricultural
			 commodity testing and grading shall meet the following standards
			  to qualify
			  for renewal of an agricultural
			 commodity tester certificate:
(1)
									Three hour
			 minimum training course to include
			 instruction and training on  testing and grading of corn,
			 wheat, and soybeans;
(2) The USDA "Inspecting Grain Practical
			 Procedures for Grain Handlers," September 2016 edition
			 will be
			 used for all instruction and training;
(3)
			 Instruction will
									include:
(a)
										How to draw representative
			 samples;
(b)
										How to divide samples;
(c)
										How to
			 determine the test weight of the sample;
(d)
										How to
			 determine the moisture in the sample;
(e)
										How to
			 determine and pick
										
			 damaged kernels in the sample; and
(f)
										How to
			 determine the amount of foreign material or  dockage in
			 the sample.
(4)
									Current events and new technology relative to grain
			 grading or testing may be considered as part of the three hour training course
			 if pre-approved by the director.
(5) Instructors
			 are
									certified Ohio agricultural commodity
			 testers
			 holding a current certificate issued by the director of agriculture or
			 a licensed federal grain grader holding a current license
			 issued by the U.S. department of agriculture .
Ohio Administrative Code › Title 901:7 - Grain Warehouses › Chapter 901:7-2 - Licensed Agricultural Commodities Handlers › Section 901:7-2-11 - Application for commodity tester certificate

Current through all regulations passed and filed through July 1, 2024
(A) Application for a new or renewal
			 certificate as an agricultural commodity tester shall be made on the form
			 supplied by the director and shall be accompanied by an application fee of
			 twenty-five dollars and proof of training or successful completion of the
			 test. All
			 new applicants and all applicants that have let their certificate expire are
			 required to successfully complete the test before applying for
			 certification.
(B) Successful
			 completion of the  test is a score
			 of eighty per cent or higher. Any score under eighty per cent is considered
			 failure of the  test will require
			 the applicant to attend an approved training course prior to retaking the
			  test. After
			  completion of the
			 approved training course, the
			 applicant  must successfully complete the
			  test with a score of
			 eighty
			 per cent or
			  higher.
(C) Certification as
			 an agricultural commodity tester shall be valid for a period of
			 no less than thirty-six months unless canceled or
			 revoked. All certificates expire on September
			 thirtieth. The applicant is given the remaining days left in the application
			 year up to September thirtieth plus thirty-six months. If a certificate has
			 expired, the thirty-six month period for the renewal certificate will begin the
			 day after the expiration date.
(D)
								The handler may
			 be fined fifty dollars for every person found performing quality tests on
			 commodities without a valid commodity tester certificate.
Ohio Administrative Code › Title 901:7 - Grain Warehouses › Chapter 901:7-2 - Licensed Agricultural Commodities Handlers › Section 901:7-2-12 - Buyers exempt from licensing

Current through all regulations passed and filed through July 1, 2024
(A) Any person whose annual purchases of all agricultural commodities does not
			 exceed thirty thousand bushels  and
			 
								does not
			 participate in agricultural commodity handlng as defined in division (C)
			 of section 926.01 of the Revised Code
			 is exempt from licensing as an agricultural commodity
			 handler.
								The  director of agriculture
			 may examine any records of any person claiming
			 exemption at any reasonable time to verify exemption compliance.
(B) A
			 producer who sells an agricultural commodity to a person who is exempt from the
			 requirement to license as an agricultural commodity handler as defined in
			 division (C) of section
			 926.01 of the Revised Code is
			 not eligible to file a claim under section
			 926.18 of the Revised Code for
			 any loss or damage the producer may sustain from the sale of commodities
			 to persons exempt from licensing.
Ohio Administrative Code › Title 901:8 - Enforcement and Compliance › Chapter 901:8-2 - Auctioneers, Apprentice Auctioneers, and Auction Companies › Section 901:8-2-01 - State auctioneers commission

Current through all regulations passed and filed through July 1, 2024
(A) The commission shall hold quarterly
			 meetings. At the first quarterly meeting of each year, the chairperson shall be
			 elected and shall serve in such capacity for a period of one year.
(B) The chairperson may call additional
			 meetings. The meetings shall be held at a place and time determined by a
			 majority of the commission members.
(C) Notice of meetings shall be provided to
			 each member via U.S. mail, facsimile, or electronic mail. Meeting notices will
			 be posted on the Ohio department of agriculture's website. All interested
			 persons may register with the commission to receive notification of all
			 meetings of the commission by providing the commission with self-addressed
			 stamped envelopes for such purpose.
(D) Notice of emergency and special meetings
			  shall be
			 posted at least twenty-four hours prior to the meeting on the department's
			 website and will include the date, time, place, and purpose of the emergency or
			 special meeting.
(E) In addition to
			 the reimbursement of actual and necessary expenses incurred while performing
			 the duties of the commission, each member shall receive a per diem salary in
			 the amount of one hundred fifty dollars for each commission meeting attended.
Per paragraph (B)(1) of section
				4707.04 of the Revised Code, the
				state auctioneers commission is tasked with establishing requirements and
				standards for courses of study in auctioneering and courses of study for
				purposes of continuing education required under section
				4707.101 of the Revised Code.
				Detailed information regarding the criteria and approval process for auction
				school courses and continuing education courses may be found at
https://agri.ohio.gov/programs/auctioneers
.
Ohio Administrative Code › Title 901:8 - Enforcement and Compliance › Chapter 901:8-2 - Auctioneers, Apprentice Auctioneers, and Auction Companies › Section 901:8-2-02.1 - Duration of apprentice auctioneers license. [Rescinded]

Current through all regulations passed and filed through July 1, 2024
Rescinded eff 3-21-06
Ohio Administrative Code › Title 901:8 - Enforcement and Compliance › Chapter 901:8-2 - Auctioneers, Apprentice Auctioneers, and Auction Companies › Section 901:8-2-03 - Deposit or return of license

Current through all regulations passed and filed through July 1, 2024
Examination. The
				applicant must answer seventy-five per cent of the questions correctly
Auctioneers licensed under section
			 4707.07 of the Revised
			 Code may apply to place their license on deposit, in accordance with
			 section 4707.091 of the Revised Code,
			 for a term not to exceed two years.
(A) If the auctioneer is
			 under the financial responsibility requirement, placing a license on deposit
			 does not waive this requirement, nor does the period while on deposit count
			 toward the three-year requirement.
(B) No licensee shall be placed on deposit in
			 an attempt to avoid an action taken against that license under section
			 4707.15 of the Revised Code.
Click to view
				Appendix
Ohio Administrative Code › Title 901:8 - Enforcement and Compliance › Chapter 901:8-2 - Auctioneers, Apprentice Auctioneers, and Auction Companies › Section 901:8-2-05 - Changes that require notification and license renewals

Current through all regulations passed and filed through July 1, 2024
(A) All partnerships, associations, limited
			 liability companies, or corporations to which any of the following changes
			 occur are required to submit a reapplication for license:
(1) Incorporation or change in the status of
			 the business organization;
(2) Sale
			 of a partnership or sole proprietorship;
(3) Change in the number of partners in a
			 partnership;
(4) Changes in the
			 officers or changes in the controlling interest of a corporation;
(5) Change in the trade name or name under
			 which the license was issued;
(6)
			 Termination of an association, corporation, or partnership; or
(7) Change in controlling ownership interest
			 of the limited liability company.
Ohio Administrative Code › Title 901:8 - Enforcement and Compliance › Chapter 901:8-2 - Auctioneers, Apprentice Auctioneers, and Auction Companies › Section 901:8-2-06 - Contracts and records

Current through all regulations passed and filed through July 1, 2024
Written contracts. Licensees will enter into
				a written contract with the owner or consignee of any property the licensee
				intends to offer for sale. The contract shall include but is not limited
				to:
(A) The type of auction to be
			 conducted: The contract must clearly and specifically state if the auction is
			 an absolute auction or a reserve auction. If the auction is an absolute
			 auction, the article or lot cannot be withdrawn after an auctioneer calls for
			 bids on an article or lot unless no bid is made within a reasonable
			 time;
(B) The owner or consignor
			 shall be paid at time of settlement, either immediately upon the completion of
			 the auction, or within fifteen days after the date of the auction, unless
			 otherwise stated in the contract;
(C) All unsold property shall be returned to
			 the owner or consignor at the time of the settlement, either immediately upon
			 the completion of the auction, or within fifteen days after the date of the
			 auction unless otherwise stated in the contract;
(D) The owner or consignor shall be provided
			 an itemized account of all property sold at the time of settlement, either
			 immediately upon completion of the auction, or within fifteen days after the
			 date of the auction. The itemization shall include the item or lot
			 and
			 amount received for the sold item or lot.
(E)
								Auction records are to be maintained for a period of
			 two years. These records shall consist of all documents related to an auction,
			 including, but not limited to:
(1)
									Auction contract for the sale of the property to be
			 sold;
(2)
									Online and print advertisements or circulars for the
			 auction;
(3)
									Any documentation created by the auctioneer that shows
			 an inventory of the seller's property taken or to be sold;
(4)
									Bidder's
			 registration and information;
(5)
									Settlement
			 statements;
(6)
									Online catalogs;
(7)
									Online bid
			 history;
(8)
									Seller expenses; and
(9)
									Trust or client
			 account records.