901:4-6-03 Application, registration, licensure, and market categories.

(A) Persons wishing to participate in the Ohio proud program shall:

(1) Apply to the director of agriculture for a license on the forms provided by the department, provide all of the information required on the forms and any additional information if requested;

(2) Submit to the department:

(a) A product registration application for each product they will market in conjunction with the logotype providing all of the information requested on the forms and any additional information requested by the director; and,

(b) A signed license agreement; and,

(c) The actual employment or a facsimile of the actual employment of the logotype in complete content; and

(d) The product registration fee set by rule 901:4-6-05 of the Administrative Code; and,

(e) If requested, samples of products with which the logotype will be used.

(B) Upon compliance with paragraphs (A)(1), and (A)(2) of this rule, and approval the actual employment of the logotype, and the product for marketing in conjunction with the logotype, a license to the applicant, register the product, and approve the employment of the logotype will be issued.

(C) Each product registered under this rule shall expire on December 31 of each calendar year. To continue use of the logotype in conjunction with a product, registration must be renewed and the registration fee paid within thirty days immediately preceding the expiration date.

(D) Products, whose registration is not renewed, may, if in the channel of distribution at expiration date, continue to be marketed in conjunction with the logotype until either sold or otherwise removed from the channel of distribution, or for one year, whichever occurs first. Products which have not been sold or otherwise removed from the channel of distribution at the end of the one year period must discontinue use of the logotype or withdrawn from distribution.

(E) Upon expiration of a product registration or termination of a license agreement, except as provided in paragraph (D) of this rule, the licensee shall cease any and all use of the logotype in conjunction with those products for which the registration has expired or the license been terminated.

(F) The director of agriculture shall designate market categories for products and publish a schedule of the market categories and products within each market category.

R.C. 119.032 review dates: 02/12/2013 and 02/12/2018
Promulgated Under: 119.03
Statutory Authority: 901.171
Rule Amplifies: 901.171
Prior Effective Dates: 3/25/91, 6/1/93, 3/25/94, 4/30/99, 02/19/2008