reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 901:13 - Water Pollution and Soil Erosion › Chapter 901:13-1 - Abatement › Section 901:13-1-14 - Agricultural pollution abatement cost sharing

Current through all regulations passed and filed through July 1, 2024
Cost share monies from the state may be
				available to assist landowners in installing needed best management practices
				which abate animal manure pollution, soil erosion or degradation of the waters
				of the state by soil sediment including pollutants attached thereto. Best
				management practices specified as eligible for cost sharing must require
				expenditures that are likely to exceed the economic returns to the owner or
				operator.
(A)
								The department may offer to share the cost of
			 establishing eligible best management practices up to thirty thousand dollars
			 per person per year. If other public funds are involved in cost sharing to
			 establish an eligible best management practice or practices, state funds can be
			 used only to the extent that the combined public funds amount to no more than
			 seventy-five per cent of the cost of establishing the best management practice
			 or practices, or not more than thirty thousand dollars per person per year,
			 whichever is smaller. The maximum of thirty thousand dollars of public funds
			 per person per year limit may be waived by majority vote of the Ohio soil and
			 water conservation commission.
(1)
									Eligible practices include but are not limited
			 to:
(a)
										Animal
			 manure storage and treatment systems;
(b)
										Settling basins
			 and filter strips;
(c)
										Critical area seeding and fencing;
(d)
										Off stream
			 watering and stream crossing stabilization;
(e)
										Roofing and
			 gutters;
(f)
										Water diversions;
(g)
										Grass
			 waterways;
(h)
										Water and sediment control basins;
(i)
										Erosion control
			 structures;
(j)
										Wetland treatment facilities;
(k)
										Composting
			 facilities;
(l)
										Access roads;
(m)
										Heavy use
			 protection pad;
(n)
										Drainage water management structures;
			 and
(o)
										Other practices as approved by the Ohio soil and water
			 conservation commission.
Ohio Administrative Code › Title 901:13 - Water Pollution and Soil Erosion › Chapter 901:13-1 - Abatement › Section 901:13-1-15 - Administrative procedures

Current through all regulations passed and filed through July 1, 2024
The director will:
(A)
								Inform districts,
			 their assisting agencies and other appropriate agencies of the state standards,
			 criteria, and department policies for agricultural pollution abatement and
			 cost-share programs for assisting owners and operators to install best
			 management practices.
(B)
								Enter into cooperative agreements with the boards of
			 supervisors of districts to implement the agricultural pollution abatement
			 program. Such agreements shall spell out the responsibilities of both parties
			 with respect to program implementation, administration and accounting,
			 evaluation, recording accomplishments, quality control, and maintenance in
			 obtaining compliance with rules and orders of the director pertaining to
			 agricultural pollution abatement. The terms of such agreements shall be subject
			 to approval by the Ohio soil and water conservation commission.
(C)
								Utilize the staff
			 assistance of the districts and their assisting agencies to implement the state
			 and other cost-share programs for installing eligible best management
			 practices.
(D)
								Provide administrative guidance to districts in
			 planning, budgeting, staffing, implementing, and administering the agricultural
			 pollution abatement program and the training of district supervisors and
			 personnel in their duties, responsibilities and authorities.
(E)
								Coordinate the
			 development and implementation of cooperative programs and working agreements
			 between districts and other agencies of local, state, and federal government
			 regarding the agricultural pollution abatement program.
(F)
								Implement the
			 agricultural pollution abatement program in a district in which the board of
			 supervisors fails to negotiate an agreement with the department to carry out
			 the program.
(G)
								Reserve the right to implement the agricultural
			 pollution abatement program to resolve complaints.
Replaces: 1501:15-5-14
Effective:
				4/1/2016
Five Year Review (FYR) Dates:
				12/31/2017
Promulgated
				Under:
				 119.03
Statutory Authority:
				 939.02
Rule Amplifies:
				 939.02
Prior Effective Dates: 11/1/79, 5/1/89, 5/7/92, 6/1/00,
				12/23/2010
Ohio Administrative Code › Title 901:13 - Water Pollution and Soil Erosion › Chapter 901:13-1 - Abatement › Section 901:13-1-17 - Director's orders

Current through all regulations passed and filed through July 1, 2024
(A)
								Issuing orders.
			 When the director or the director's designee investigates a complaint and the
			 owner, operator, or person responsible fails to implement a corrective action
			 in accordance with paragraph (C)(6) or (D)(5) of rule 901:13-1-16 of  the Administrative Code, the director or the director's designee shall
			 decide if an order will be issued. The director, or the director's designee,
			 may, upon obtaining agreement with the owner, operator, or person responsible
			 for any land, public or private, enter thereon to make inspections to determine
			 whether or not there is compliance with these rules. If agreement is not
			 obtained, and there is reason to believe a violation exists, the director or
			 the director's designee may apply for and a judge of the court of common pleas
			 for the county where the land is located may issue an appropriate inspection
			 warrant as necessary to achieve the purposes of this chapter.
(1)
									When the director
			 decides that an order shall be issued, he shall issue an order and afford each
			 person allegedly liable an adjudication hearing pursuant to Chapter 119. of the
			 Revised Code. The director shall sustain the order if deemed appropriate after
			 each person allegedly liable has had a hearing or has waived his right to a
			 hearing. Each order shall be issued in writing and contain a finding by the
			 director of the facts upon which the order is based and the rule that is being
			 violated. The order shall also specify the time period for correcting the
			 problem, indicate what, if any, technical and financial assistance is
			 available, and indicate what action will follow if the violation is not
			 corrected.
(2)
									Penalties. Any person who fails to comply with an order
			 of the director is guilty of a misdemeanor of the first degree. Each day of
			 violation is a separate offense. In addition, the sentencing court may assess
			 damages in an amount equal to the costs of reclaiming, restoring, or otherwise
			 repairing any damage to public or private property caused by a violation of the
			 director's order.
(3)
									Appeals. Any person claiming to be deprived of a right
			 or protection afforded him by law by an order of the director, except an order
			 which adopts a rule, may appeal to the court of common pleas of franklin
			 county. The attorney general of the state of Ohio, upon the written request of
			 the director, shall bring appropriate legal action in Franklin county against
			 any person who fails to comply with an order of the director issued pursuant to
			 paragraph (A)(1) of this rule.
Ohio Administrative Code › Title 901:13 - Water Pollution and Soil Erosion › Chapter 901:13-1 - Abatement › Section 901:13-1-18 - Grants

Current through all regulations passed and filed through July 1, 2024
Pursuant to the authority in sections
				 939.02 
				and
				 939.05 
				of the Revised Code, the director may enter into agreements with soil and water
				districts to make grants to owners and operators of agricultural land or animal
				feeding operations to implement operation and management plans approved by the
				district board of supervisors. Terms of the agreements shall be approved by the
				Ohio soil and water conservation commission.
Replaces: 1501:15-5-17
Effective:
				4/1/2016
Five Year Review (FYR) Dates:
				12/31/2017
Promulgated
				Under:
				 119.03
Statutory Authority:
				 939.02
Rule Amplifies:
				 939.02
Prior Effective Dates: 5/7/92,
				12/23/2010
Ohio Administrative Code › Title 901:13 - Water Pollution and Soil Erosion › Chapter 901:13-1 - Abatement › Section 901:13-1-19 - Nutrient management planning requirements for watersheds in distress

Current through all regulations passed and filed through July 1, 2024
(A)
								Each owner, operator, or person responsible for
			 producing, applying, or receiving in excess of three hundred fifty tons and/or
			 one hundred thousand gallons of manure on an annual basis in watersheds in
			 distress shall develop and operate in conformance with a nutrient management
			 plan that addresses the methods, amount, form, placement, cropping system and
			 timing of all nutrient applications. Nutrient management plans shall be
			 submitted to and approved by the director or the director's designee. The
			 director or the director's designee shall review and approve or disapprove
			 nutrient management plans. This paragraph does not apply to operations subject
			 to subject to Chapter 903. of the Revised Code, Chapter 6111. of the Revised
			 Code, or section 901:10 of the Administrative Code.
(B)
								In watersheds
			 designated by the director as distressed, the director will establish a
			 deadline for all nutrient management plans to be submitted for review and
			 approval. The deadline will be no earlier than six months and no longer than
			 two years once a watershed has been designated distressed.
(C)
								Nutrient
			 management plans shall be in the form of the Ohio nutrient management workbook,
			 USDA natural resources conservation service comprehensive nutrient management
			 plan (CNMP), or an equivalent document approved by the director or the
			 director's designee and shall contain the following information:
(1)
									Land application
			 area's soil tests conducted in accordance with the "Field Office Technical
			 Guide" and that are no older than three years;
(2)
									Annual manure
			 analysis that is representative of the manure being applied;
(3)
									Spreading
			 agreements for all land used for manure application not under control of the
			 party responsible for the nutrient management plan;
(4)
									The number,
			 weight, and kind of all animals;
(5)
									Total annual
			 volume of manure produced;
(6)
									Method and
			 seasonal time of utilization and application that recognizes a prohibition on
			 manure application from December fifteenth to March first;
(7)
									Planned manure
			 application rates;
(8)
									Other nutrients applied, including but not limited to
			 manufactured fertilizer, sewage sludge, and bio-digester
			 residue;
(9)
									Field information including, but not limited to:
			 location, spreadable acreage, crops grown, and actual and projected
			 yields;
(10)
									Type of manure storage and capacity;
(11)
									Emergency
			 contact information in case of a spill.
Ohio Administrative Code › Title 901:13 - Water Pollution and Soil Erosion › Chapter 901:13-1 - Abatement › Section 901:13-1-20 - Designating watersheds in distress

Current through all regulations passed and filed through July 1, 2024
(A)
								The director may
			 designate a watershed to be in distress, and thereby set requirements for the
			 storage, handling and land application of manure; and/or the control of the
			 erosion of sediment and substances attached thereto; and associated nutrient
			 management plans for land and operations within the designated watershed
			 boundaries. In evaluating a potential designation, the director may consider
			 whether:
(1)
									
			 The watershed is listed as impaired by nutrients and/or sediments from
			 agricultural sources as determined by the director of environmental protection
			 and published in the "Ohio Integrated Water Quality Monitoring and Assessment
			 Report" pursuant to Section 303(d) of the Federal Water Pollution Control Act
			 or waters are identified as such in an approved "Total Maximum Daily Load
			 Report" pursuant to rule 3745-2-12 of  the Administrative Code as required by Section 303(d) of the Federal Water Pollution Control Act;
(2)
									The watershed or a portion of the watershed exhibits
			 conditions that are a threat to public health based on information provided by
			 the Ohio department of health or local health district;
(3)
									Streams, lakes,
			 or other waterbodies within the watershed exhibit periodic evidence of algal
			 and/or cyanobacterial blooms capable of producing toxins that are harmful to
			 humans, domestic animals or wildlife;
(4)
									There is a threat
			 to, or presence of contaminants in public or private water
			 supplies;
(5)
									There is a threat to, or presence of contaminants in a
			 primary contact recreational water or a bathing water as designated in Chapter
			 3745-1 of the Administrative Code;
(6)
									Other
			 unacceptable nuisance conditions exist including the depletion of dissolved
			 oxygen in water that results in impacts to aquatic life;
(7)
									Other situations
			 as determined by the director upon consultation with other federal, state and
			 local agencies.
Ohio Administrative Code › Title 901:13 - Water Pollution and Soil Erosion › Chapter 901:13-1 - Abatement › Section 901:13-1-99 - Civil penalties

Current through all regulations passed and filed through July 1, 2024
(A)
								The following
			 violations shall be considered minor violations:
(1)
									Violations of
			 rule 901:13-1-07 of  the Administrative Code;
(2)
									Violations of
			 rule 901:13-1-08 of  the Administrative Code;
(3)
									Violations of rule 901:13-1-09 of  the Administrative Code;
(4)
									Violations of paragraph (B)(4) of rule 901:13-1-11 of  the Administrative Code;
(5)
									Violations of
			 rule 901:13-1-12 of  the Administrative Code; and
(6)
									Violations of
			 paragraph (E) of rule 901:13-1-19 of  the Administrative Code.
Ohio Administrative Code › Title 901:13 - Water Pollution and Soil Erosion › Chapter 901:13-2 - Soil and Water Conservation Commission › Section 901:13-2-01 - Notice of public rules hearing

Current through all regulations passed and filed through July 1, 2024
Public notice of hearing for the purpose of promulgating rules
				to be conducted by the Ohio soil and water conservation commission shall be
				advertised on the Ohio department of agriculture's
				website:
www.agri.ohio.gov
at least fourteen days prior to the hearing. The
				notice shall state the commission's intention to consider adopting, amending,
				or rescinding a rule, shall include a synopsis of the proposed rule, amendment,
				or rule to be rescinded, or a general statement of the subject matter to which
				such rule relates, and the date, time, and place of a hearing on said proposed
				action. The notice shall also state the place from which copies of the proposed
				rule, amendment, or rule to be rescinded may be obtained.
Ohio Administrative Code › Title 901:13 - Water Pollution and Soil Erosion › Chapter 901:13-2 - Soil and Water Conservation Commission › Section 901:13-2-02 - Notice of public meetings (sunshine rule)

Current through all regulations passed and filed through July 1, 2024
Notice of all public meetings of the
				Ohio soil and water conservation commission will be given in accordance with
				the following procedure:
(A)
								Any person may obtain prior notice for the date, time
			 and location of any regularly scheduled, special or emergency meetings when a
			 particular type of business is to be discussed by requesting prior notification
			 in writing at oswcc@agri.ohio.gov or writing to the "Ohio Department of
			 Agriculture, Division of Soil and Water, 8995 East Main Street, Reynoldsburg,
			 Ohio 43068."
(B)
								Notice of all meetings, including date, starting time
			 and location will be posted on the Ohio department of agriculture's web site
			 at
www.agri.ohio.gov
and sent to persons that have requested notice as
			 described in (A) of this rule according to the following time frames:
(1)
									Regular meetings:
			 at least ten days in advance.
(2)
									Special meetings:
			 at least twenty-four hours in advance.
(3)
									Emergency
			 meeting: immediately after determination.
Ohio Administrative Code › Title 901:13 - Water Pollution and Soil Erosion › Chapter 901:13-3 - Election of District Supervisors › Section 901:13-3-01 - Nominations (successor elections)

Current through all regulations passed and filed through July 1, 2024
(A) Nominations of candidates for election of
			 successors to fill expired terms of district supervisors, or unexpired terms,
			 where an election is required pursuant to section
			  940.04  of the Revised Code,
			 shall be declared valid upon meeting one of the following:
(1) Nomination is made
			 
									at
			 least forty-five days before the  election is scheduled to
			 occur by a three-member nominating committee appointed by the chairman of
			 the existing duly-elected district board of supervisors. The nominating
			 committee shall consist of a continuing member of the existing district board
			 and two other persons who are knowledgeable of the district.
(2) Nomination is made by a county resident
			 seeking nomination by submitting a candidate
			 nomination petition , which is available on the Ohio
			 department of agriculture's website
www.agri.ohio.gov
, with ten valid signatures at least thirty-five days
			 before the election is scheduled to occur
									.
(3)
									For the purposes of a candidate nomination petition,
			 signatures shall be valid if they are from individuals who:
(a)
										Are eighteen
			 years of age or older; and
(b)
										Own or occupy
			 land within the district where the election is to occur.
Ohio Administrative Code › Title 901:13 - Water Pollution and Soil Erosion › Chapter 901:13-3 - Election of District Supervisors › Section 901:13-3-02 - Candidate and voter eligibility (successor elections)

Current through all regulations passed and filed through July 1, 2024
(A) All candidates
			 for successor election shall be at least eighteen years of age at the time of
			 the official election and reside within the boundaries of the district wherein
			 such election is conducted.
(B)
			 Eligible voters 
			 shall be at least eighteen years of age at the time of the official election
			 and own or occupy land within the boundaries of the district wherein such
			 election is conducted.
Ohio Administrative Code › Title 901:13 - Water Pollution and Soil Erosion › Chapter 901:13-3 - Election of District Supervisors › Section 901:13-3-03 - Notice of elections (successor elections)

Current through all regulations passed and filed through July 1, 2024
(A) Due notice of annual elections of
			 successors shall be given to the public and
			 contain the following information:
(1)
									The names
									 of the nominees as certified by the Ohio soil and water
			 conservation commission;
(2)
									The dates, times, and locations where individuals may
			 cast in-person ballots;
(3)
									The method for requesting and receiving absentee
			 ballots; and
(4)
									The date by which absentee ballots must be postmarked
			 and received.
Ohio Administrative Code › Title 901:13 - Water Pollution and Soil Erosion › Chapter 901:13-3 - Election of District Supervisors › Section 901:13-3-04 - Election conduct (successor elections)

Current through all regulations passed and filed through July 1, 2024
(A) Elections shall be conducted by the Ohio
			 soil and water conservation commission or its officially designated agents in
			 accordance with procedures set forth by such commission.
(1)
									Eligible voters
			 may cast in-person ballots at the dates, times, and locations indicated on the
			 notice. At a minimum, voting will be made available to eligible voters during
			 regular business hours of the soil and water conservation district over a
			 fourteen day period.
(2)
									Eligible voters may cast absentee ballots by submitting
			 the ballot and ballot application to the district office. Absentee ballots will
			 be provided to interested individuals based on the number of eligible voters
			 located within the household or at the registered address.
Ohio Administrative Code › Title 901:13 - Water Pollution and Soil Erosion › Chapter 901:13-3 - Election of District Supervisors › Section 901:13-3-05 - Election challenge (successor elections)

Current through all regulations passed and filed through July 1, 2024
A challenge of an election at the time and place of the
				official election shall cause the ballots and registration records to be placed
				in the office of the Ohio department of
				agriculture
								
				under seal by the designated agent of the Ohio soil and water conservation
				commission conducting the election and until such commission or its executive
				officer authorizes the removal of such seal. Such commission or its executive
				officer shall investigate the validity of the appeal as represented by the
				sealed records and declare the appeal valid or invalid. A valid appeal finding
				shall give cause for such commission to conduct another election of successors.
				An invalid appeal finding shall cause such commission to certify the election
				as being valid. A discrepancy between the number of ballots cast and the number
				of registered voters shall not constitute grounds for an invalid election
				except where such difference is sufficient to potentially alter the
				certification of the elected candidate or candidates.
Ohio Administrative Code › Title 901:14 - Hemp › Chapter 901:14-1 - Licensed Cultivators › Section 901:14-1-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
(A)
								"Abandoned application" means an application for
			 licensure which was returned to the applicant by the department as incomplete
			 and not finalized or corrected by the applicant and returned to the department
			 within thirty days or by the application deadline.
(B)
								"Acceptable hemp
			 THC level" means the application of the measurement of uncertainty to the
			 reported delta-9 tetrahydrocannabinol content concentration level on a dry
			 weight basis that produces a distribution or range that includes  0.3  per cent
			 or less.
(C)
								"Controlled substance" has the same meaning as found in
			 section  3719.01  of the Revised
			 Code.
(D)
								"Cultivate" or "cultivating" means to plant, water,
			 grow, fertilize, till, or harvest a plant or crop. "Cultivating" includes
			 possessing or storing a plant or crop on a premises where the plant or crop was
			 cultivated until transported to the first point of sale.
(E)
								"Delta-9
			 tetrahydrocannabinol" or "THC" means the sum of the percentage by weight of
			 tetrahydrocannabinolic acid multiplied by  0.877  plus the percentage by weight
			 of delta-9 tetrahydrocannabinol.
(F)
								"Department"
			 means the Ohio department of agriculture.
(G)
								"Director" means
			 the director of the Ohio department of agriculture or their
			 designee.
(H)
								"Disqualifying offense" means any felony involving a
			 controlled substance including, but not limited to, violations of:
(1) Division (A)(1)(a) of
			 section 2907.02  of the
			  Revised Code.
(2) Division (A)(2) of section
			  2907.05  of the
			  Revised Code.
(3) Division (D)(2) of section
			  2923.16  of the
			  Revised Code.
(4)
									Section
			  2923.41  of the Revised
			 Code.
(5)
									Chapters 2925, 3719, and 3796 of the Revised
			 Code.
Ohio Administrative Code › Title 901:14 - Hemp › Chapter 901:14-1 - Licensed Cultivators › Section 901:14-1-02 - Cultivation license

Current through all regulations passed and filed through July 1, 2024
(A)
								No person may cultivate hemp without a hemp cultivation
			 license issued by the department.
(B)
								Hemp cultivation
			 licenses are valid for three years provided that the licensee is compliant with
			 Chapter 928. of the Revised Code and this chapter.
(C)
								Hemp cultivation
			 licenses shall be renewed every three years by complying with the rules of this
			 paragraph, including obtaining the required background check(s) as outlined in
			 rule 901:14-1-05 of  the Administrative Code.
(D)
								The application
			 window shall be November first through March thirty-first.
(1)
									An applicant may
			 seek a variance from the application window by completing a variance request
			 form which can be found on the department's website.
(2)
									The denial of a
			 variance request does not constitute grounds for a Chapter 119. administrative
			 hearing.
Ohio Administrative Code › Title 901:14 - Hemp › Chapter 901:14-1 - Licensed Cultivators › Section 901:14-1-03 - Cultivation application

Current through all regulations passed and filed through July 1, 2024
(A)
								A person applying for a hemp cultivation license shall
			 apply on a form provided by the department.
(B)
								An applicant
			 shall provide all of the following information to the department:
(1)
									If the applicant
			 is an individual:
(a)
										The full legal name of the applicant;
(b)
										The physical
			 address of the applicant;
(c)
										The mailing address of the applicant;
(d)
										The email address
			 of the applicant; and
(e)
										The phone number of the applicant.
Ohio Administrative Code › Title 901:14 - Hemp › Chapter 901:14-1 - Licensed Cultivators › Section 901:14-1-04 - Fees

Current through all regulations passed and filed through July 1, 2024
(A)
								Fee schedule.
(1)
									Cultivator.
(a)
										The application
			 fee shall be one hundred dollars for each license application.
(b)
										The annual
			 license fee shall be five hundred dollars for each growing
			 location.
Ohio Administrative Code › Title 901:14 - Hemp › Chapter 901:14-1 - Licensed Cultivators › Section 901:14-1-05 - Background checks

Current through all regulations passed and filed through July 1, 2024
(A)
								All applicants and key participants in the business
			 entity, if applicable, shall submit to a criminal records check completed by
			 the bureau of criminal identification and investigation in accordance with
			 section  928.03  of the Revised
			 Code.
(B)
								Applicants submitting a renewal application must comply
			 with paragraph (A) of this rule during the application window established in
			 paragraph (D) of rule 901:14-1-02 of  the Administrative Code in the licensure renewal period.
(C)
								The department
			 shall not grant a license to an applicant a unless the applicant and all key
			 participants have not plead guilty to or been convicted of a felony to a
			 disqualifying offense in the ten years prior to applying for a license. No
			 background check that was completed in excess of sixty-days prior to
			 application can be accepted by the department.
(D)
								The applicant
			 requesting a criminal records check shall submit with a request to the bureau
			 of criminal identification and investigation: a completed copy of a form
			 prescribed under division (C)(1) of section
			  109.572  of the Revised Code; a
			 set of fingerprint impressions obtained as described in division (C)(2) of
			 section  109.572  of the Revised Code; the
			 applicant's name and address; the department's name and address; and, a request
			 that the superintendent of the bureau of criminal identification and
			 investigation obtain from the federal bureau of investigation any information
			 it has pertaining to the applicant.
(E)
								The department
			 shall only accept results of a criminal records check submitted to the
			 department directly from the bureau of criminal identification and
			 investigation.
(F)
								The applicant shall bear all costs associated with the
			 criminal records check as determined by the bureau of criminal identification
			 and investigation, the federal bureau of investigation, and by any agency with
			 authority to charge a fee for fingerprint impressions.
(G)
								If the department
			 does not receive the background check of all required parties by March
			 thirty-first, the applicant may request an extension waiver of thirty days to
			 complete the background check requirement. If the department does not receive
			 the background check by the end of the extension period, the department will
			 consider the application abandoned.
Ohio Administrative Code › Title 901:14 - Hemp › Chapter 901:14-1 - Licensed Cultivators › Section 901:14-1-06 - Land use restrictions for licensed cultivators

Current through all regulations passed and filed through July 1, 2024
A licensed cultivator shall
				not:
(A)
								Plant or grow any cannabis that is not hemp.
(B)
								Plant or grow
			 hemp on any site not approved by the department.
(C)
								Plant or grow
			 hemp in or within one hundred feet of any structure that is used for
			 residential purposes.
(D)
								Handle or store hemp plant material in any structure
			 that is used for residential purposes.
(E)
								Comingle hemp
			 with other crops unless prior approval is obtained in writing from the
			 department.
(F)
								Plant or grow hemp in an outdoor growing location of
			 less than one-quarter acre unless prior approval is received in writing from
			 the department.
(G)
								Plant or grow hemp in an indoor growing location of
			 less than one thousand square feet unless prior approval is received in writing
			 from the department.
(H)
								Plant or grow hemp in a growing location in a quantity
			 of less than one thousand plants unless prior approval is received in writing
			 from the department.
(I)
								Plant or grow hemp in any growing location that is
			 located within half a mile of the boundaries of a parcel of real estate,
			 measured from the closest point of the property lines, having situated on it a
			 licensed medical marijuana cultivator. Except that this does not apply to any
			 licensed cultivator who, within the last three years, has legally planted hemp
			 in a location that would otherwise be excluded.
(J)
								Plant or grow
			 hemp in any growing location, unless prior approval is received in writing from
			 the department, that is located within five hundred feet of the boundaries of a
			 parcel of real estate, measured from the plants to the closest point of the
			 property lines, having situated on it a school or public park. Except that this
			 does not apply to research being conducted by a university or the department as
			 approved by the director.
(K)
								Plant or grow hemp on any property that is not owned or
			 leased by the licensed cultivator.
Ohio Administrative Code › Title 901:14 - Hemp › Chapter 901:14-1 - Licensed Cultivators › Section 901:14-1-07 - Prohibited varieties

Current through all regulations passed and filed through July 1, 2024
No licensed cultivator shall use any
				seed, cutting, clone, or planting from a variety that is on the department's
				prohibited hemp variety list which may be found by visiting the department's
				website
www.agri.ohio.gov
.
Ohio Administrative Code › Title 901:14 - Hemp › Chapter 901:14-1 - Licensed Cultivators › Section 901:14-1-08 - Harvesting

Current through all regulations passed and filed through July 1, 2024
(A)
								A licensed cultivator shall submit a completed current
			 harvest or destruction report form to the department at least fifteen days
			 prior to the intended harvest date or intended destruction of a failed crop.
			 The licensed cultivator shall indicate to the department the growing location
			 or part thereof that the cultivator intends to harvest or
			 destroy.
(B)
								Upon receipt of a completed harvest or destruction
			 report, the department shall collect a sample prior to harvest. No licensed
			 cultivator shall harvest hemp prior to the department collecting a sample from
			 the area intended to be harvested.
(C)
								The licensed
			 cultivator shall harvest the crop not more than fifteen days following the date
			 of the sample collection by the department, unless specifically authorized in
			 writing by the department. If the licensed cultivator fails to complete harvest
			 within fifteen days, the department may order a secondary pre-harvest sample of
			 the plot, and the licensed cultivator shall be assessed a secondary pre-harvest
			 sample fee per plot in the amount established in rule.
(D)
								Harvested plant
			 material shall not be moved beyond the cultivator's storage facility until the
			 department releases the plant material in writing using the hemp release
			 form.
(E)
								A licensed cultivator who fails to submit a harvest or
			 destruction report or who does submit a harvest or destruction report and
			 proceeds to harvest a crop prior to a sample being collected by the department
			 without approval by the department may result in the department taking
			 enforcement action as outlined in rule 901:14-1-99 of  the Administrative Code. Any plant material that has been harvested and is still in the licensed cultivator's possession shall be embargoed and tested as outlined
			 in rule 901:14-1-10 of  the Administrative Code.
Ohio Administrative Code › Title 901:14 - Hemp › Chapter 901:14-1 - Licensed Cultivators › Section 901:14-1-09 - Sampling

Current through all regulations passed and filed through July 1, 2024
(A)
								All growing locations shall be subject to random
			 sampling and inspection at any time by the department for compliance with
			 Chapter 928. of the Revised Code and this chapter.
(B)
								During the sample
			 collection window as outlined in rule 901:14-1-08 of  the Administrative Code, the licensed cultivator or an authorized representative shall be present at the growing location. Representatives of the department shall be provided with complete and unrestricted access to all hemp and other cannabis plants, whether growing or harvested, and all land, buildings, and other structures used for the cultivation, handling, and storage of all hemp and other cannabis plants; and all locations listed in the license
			 application.
(C)
								The department shall take samples from each field,
			 greenhouse, building, or site where hemp is being cultivated by the licensee.
			 The samples shall consist of cuttings from at least five hemp plants within the
			 growing location. A set of samples must be taken for each variety. The hemp
			 plants selected for sampling shall be determined by the department and not the
			 licensee. The licensee shall be afforded one testing sample per growing
			 location. All additional samples taken due to the licensed cultivator having
			 multiple fields, greenhouses, buildings, sites, or additional varieties grown
			 on the growing location shall be subject to the fees outlined in rule 901:14-1-04 of  the Administrative Code.
(D)
								Samples collected by the department may be tested by
			 the department or its designee for compliance with Chapter 928. of the Revised
			 Code and this chapter.
(E)
								All samples taken pursuant to the rule shall be
			 provided at no cost to the department. The samples become the property of the
			 department and are non-returnable.
Ohio Administrative Code › Title 901:14 - Hemp › Chapter 901:14-1 - Licensed Cultivators › Section 901:14-1-10 - Testing and reporting

Current through all regulations passed and filed through July 1, 2024
(A)
								The department's testing laboratory shall be the
			 official regulatory laboratory for compliance with Chapter 928. of the Revised
			 Code and the rules adopted pursuant to it. The department may contract with
			 third-party laboratories to provide testing services on its behalf. As soon as
			 they are available, all test results shall be reported to the license holders
			 by the department. No other testing result shall be considered an official
			 regulatory testing result.
(B)
								The department
			 shall, at a minimum, test to determine the THC concentration level in the
			 sample.
(C)
								A sample with an acceptable hemp THC level shall
			 require no further action and the area or harvested plant material from which
			 the sample was obtained shall be released for marketing or further processing
			 as designated on the hemp release form.
(D)
								A sample which
			 exceeds the acceptable hemp THC level shall be reported to the licensed
			 cultivator as soon as possible. The license cultivator may request a second
			 sample to be tested of the harvested material from same field, greenhouse,
			 building, or site where the original sample was taken. The hemp plants selected
			 for sampling shall be determined by the department. If a second sample is not
			 is requested, or the second sample does not have an acceptable hemp THC level,
			 the area represented by the sample, or any harvested plant parts from the area
			 represented by the sample shall be destroyed pursuant to rule 901:14-1-11 of  the Administrative Code.
(E)
								Any plant material that is co-mingled with plant
			 material which exceeds the acceptable hemp THC level shall be destroyed
			 pursuant to rule 901:14-1-11 of  the Administrative Code.
Ohio Administrative Code › Title 901:14 - Hemp › Chapter 901:14-1 - Licensed Cultivators › Section 901:14-1-11 - Destruction

Current through all regulations passed and filed through July 1, 2024
(A)
								All licensed cultivators must submit a destruction
			 report in order to destroy hemp. No destruction may occur unless department
			 personnel are present to witness the destruction unless otherwise notified by
			 the department.
(B)
								The department may conduct an inspection to witness the
			 destruction or verification that the crop was destroyed.
(C)
								If a growing
			 location was ordered destroyed, abandoned, or otherwise not harvested by the
			 licensed cultivator, the department may destroy the crop and invoice the
			 licensee for all costs associated with the destruction.
Ohio Administrative Code › Title 901:14 - Hemp › Chapter 901:14-1 - Licensed Cultivators › Section 901:14-1-12 - Reporting and records

Current through all regulations passed and filed through July 1, 2024
(A)
								Planting report.
(1)
									A planting report
			 for each growing location shall be submitted to the department by July first of
			 each year or within fifteen days of planting, including replanting. The
			 licensed cultivator shall utilize the planting report form which can be found
			 on the department's website
www.agri.ohio.gov
.
(2)
									The report shall include the following
			 information:
(a)
										Field or greenhouse location identification as identified in
			 the application;
(b)
										Number of acres or square footage
			 planted;
(c)
										Plant variety name;
(d)
										Primary intended
			 use of the harvest for each planting; and
(e)
										Any other
			 information required by the department.
(3)
									A licensed
			 cultivator who does not plant in one of their approved site locations shall
			 submit in the planting report on or before July thirty-first of each year
			 stating that hemp has not and shall not be planted at that site for the
			 calendar year.
(4)
									A licensed cultivator's failure to submit an accurate,
			 complete, and timely report may result in the department taking enforcement
			 action as defined in rule 901:14-1-99 of  the Administrative Code.
Ohio Administrative Code › Title 901:14 - Hemp › Chapter 901:14-1 - Licensed Cultivators › Section 901:14-1-13 - Control of volunteers

Current through all regulations passed and filed through July 1, 2024
Licensed cultivators shall be
				responsible for scouting and monitoring unused fields for volunteer cannabis
				plants and to destroy those plants for three years past the last date of
				planting as reported to the department. Failure to control volunteers may
				result in the department taking enforcement action against the cultivator's
				license including eradicating these plants and invoicing the licensee for all
				costs associated with the destruction.
Ohio Administrative Code › Title 901:14 - Hemp › Chapter 901:14-1 - Licensed Cultivators › Section 901:14-1-14 - Pesticide and fertilizer use

Current through all regulations passed and filed through July 1, 2024
(A)
								A licensed
			 cultivator who uses a pesticide or fertilizer on hemp shall comply with all
			 licensure and certification requirements of Chapters 905. and 921. of the
			 Revised Code, if applicable.
(B)
								A licensed
			 cultivator shall not use any pesticide in violation of the product
			 label.
(C)
								A licensed cultivator who uses a pesticide on a site
			 where hemp will be planted shall comply with the longest of any planting
			 restriction interval on the product label prior to planting the
			 hemp.
(D)
								The department may perform pesticide testing on a
			 random basis.
(E)
								Hemp seeds, plants, and materials bearing pesticide
			 residue in violation of the established tolerances found in   40 C.F.R. 18, as
			 effective on September 8, 2017, shall be subject to forfeiture or destruction
			 without compensation.
Ohio Administrative Code › Title 901:14 - Hemp › Chapter 901:14-1 - Licensed Cultivators › Section 901:14-1-15 - Cooperation with law enforcement and other federal agencies

Current through all regulations passed and filed through July 1, 2024
(A)
								The department
			 shall provide information about approved cultivation, handling, and storage
			 site locations to representatives of the United States department of
			 agriculture (USDA), and any federal, state, or local law enforcement agency
			 whose representatives request licensed site information, including GPS
			 coordinates.
(B)
								Immediately upon request, licensees or their agents
			 shall produce a copy of the licensed cultivator's license to a representative
			 of the department or a law enforcement agency.
(C)
								Immediately upon
			 request, licensees or their agents shall produce a copy of the licensed
			 cultivator's license and a copy of the hemp release form to a representative of
			 the department or a law enforcement agency if they are stopped or otherwise
			 detained during transport.
Ohio Administrative Code › Title 901:14 - Hemp › Chapter 901:14-1 - Licensed Cultivators › Section 901:14-1-16 - Clone and seed production

Current through all regulations passed and filed through July 1, 2024
(A)
								All licensed hemp
			 cultivators engaged in the business of producing clones, cuttings, propagules,
			 and seed for propagation purposes shall:
(1)
									Not sell hemp
			 seeds or plants to any person or business entity in the state of Ohio who is
			 not licensed as a cultivator or an exempted university pursuant to Chapter 928.
			 of the Revised Code and this chapter.
(2)
									Maintain
			 information on the mother plants including:
(a)
										Variety;
(b)
										Strain;
			 and
(c)
										A valid certificate of analysis on the plant issued
			 within the last calendar year by a laboratory which meets the standards
			 outlined in rule 901:14-2-13 of  the Administrative Code and provides the percentage content by weight for THC.
(3)
									Verify and maintain records of sales which
			 indicate:
(a)
										The name and license number of the
			 purchaser;
(b)
										The variety and strain name(s) of the hemp plant or
			 seeds purchased;
(c)
										The number of plants or the weight of seed purchased;
			 and
(d)
										The date of the transaction.
(4)
									The records
			 required by this rule shall be maintained for a period of three years.
Ohio Administrative Code › Title 901:14 - Hemp › Chapter 901:14-1 - Licensed Cultivators › Section 901:14-1-17 - Cultivation research

Current through all regulations passed and filed through July 1, 2024
(A)
								Any private or non-profit entity, that is otherwise not
			 a university, interested in obtaining a cultivation license for research
			 purposes only shall apply for a license in accordance with rules 901:14-1-02 and  901:14-1-03 of  the Administrative Code except that these applicants shall utilize the hemp cultivation research application form.
(B)
								Hemp cultivation
			 research licensees are exempt from compliance from the following rules of the
			 Administrative Code:
(1)
									901:14-1-06 (paragraphs (F) to (H);
(2)
									901:14-1-07;
(3)
									901:14-1-08;
(4)
									901:14-1-12;
(5)
									901:14-1-14;
			 and
(6)
									901:14-1-16.
Ohio Administrative Code › Title 901:14 - Hemp › Chapter 901:14-1 - Licensed Cultivators › Section 901:14-1-99 - Enforcement

Current through all regulations passed and filed through July 1, 2024
(A)
								The director shall deny, suspend, or revoke a hemp
			 cultivation license if the licensed cultivator, applicant, or key participant
			 has:
(1)
									Provided false or misleading information on the hemp
			 cultivation application or renewal application;
(2)
									Not complied with
			 the background check requirements as outlined in rule 901:14-1-05 of  the Administrative Code;
(3)
									Plead guilty to or was convicted of a felony relating
			 to a controlled substance within the last ten years;
(4)
									Negligently
			 violated section  928.04  of the Revised Code or
			 this chapter three or more times in any five-year period.
Ohio Administrative Code › Title 901:14 - Hemp › Chapter 901:14-2 - Fee Application and Processing › Section 901:14-2-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
(A)
								"Abandoned application" means an application for
			 licensure which was returned to the applicant by the department as incomplete
			 and not finalized or corrected by the applicant and returned to the department
			 within thirty days.
(B)
								"Acceptable hemp THC level" means the application of
			 the measurement of uncertainty to the reported delta-9 tetrahydrocannabinol
			 content concentration level on a dry weight basis that produces a distribution
			 or range that includes  0.3  per cent or less.
(C)
								"Adulterated" has
			 the same meaning as found in section
			  3715.59  of the Revised
			 Code.
(D)
								"Batch or lot" means the hemp products produced during
			 a period indicated by a specific code.
(E)
								"Controlled
			 substance" has the same meaning as found in section
			  3719.01  of the Revised
			 Code.
(F)
								"Cosmetic" has the same meaning as found in division
			 (A)(5) of section  3715.01  of the Revised
			 Code.
(G)
								"Delta-9 tetrahydrocannabinol" of "THC" means the sum
			 of the percentage by weight of tetrahydrocannabinolic acid multiplied by  0.877 
			 plus the percentage by weight of delta-9 tetrahydrocannabinol.
(H)
								"Department"
			 means the Ohio department of agriculture.
(I)
								"Dietary
			 supplement" has the same meaning as found in section
			  3715.80  of the Revised
			 Code.
(J)
								"Director" means the director of Ohio department of
			 agriculture or the director's designee.
(K)
								"Disqualifying
			 offense" means any felony involving a controlled substance including, but not
			 limited to, violations of the Revised Code, specifically:
(1)
									 Division
			 (A)(1)(a) of section 2907.02.
(2)
									Division (A)(2)
			 of section 2907.05.
(3)
									Division (D)(2)
			 of sectiion 2923.16.
(4)
									 Section
			  2923.241.
(5)
									 Chapters 2925,
			 3719, and 3796.