901:4-6-01 Definitions.

As used in rules 901:4-6-01 to 901:4-6-06 of the Administrative Code:

(A) "Advertisement" means any written, printed, verbal or graphic representation, or combination thereof, of any product with the purpose of influencing consumer opinion as to the characteristics, qualities or image of the commodity, food, feed, or fiber except labeling information as required by any government;

(B) "Board" means the advisory committee appointed by the director to advise the Ohio department of agriculture, marketing division, in administering the Ohio proud program;

(C) "Director" means the director of the Ohio department of agriculture, or his designee;

(D) "Label" means any written, printed, or graphic design that is placed on, or in near proximity to, any product whether in the natural, processed state or any combination thereof;

(E) "License" means the written agreement through which the Ohio department of agriculture grants authorization to use the Ohio proud logo.

(F) "Logotype" and "Ohio proud logo" mean the Ohio department of agriculture registered trade marks.;

(G) "Market category" means a group of similar products designated by the director of agriculture as a distinct category;

(H) "Ohio proud program" and "program" mean the promotional certification program authorized by section 901:171 of the Revised Code.;

(I) "Person" means any natural person, corporation, partnership, association, or society;

(J) "Processed" means any significant change in the form or identity of a raw product through, by way of example but not limited to, breaking, milling, shredding, condensing, cutting or tanning.

(K) "Product" means any agricultural commodity, processed food, feed, fiber, or combinations thereof;

(L) "Produced in Ohio" means:

(1) That for processed products fifty per cent or more of the product by weight, if sold by weight, by measure, if sold by measure, by number, if sold by count, were grown, raised or processed in Ohio.

(2) That for raw products one hundred per cent of the product by weight, if sold by weight, by measure, if sold by measure, by number, if sold by count, were grown or raised in Ohio provided that upon recommendation from the board and acceptance by the director a lesser per cent may be allowed for a product, but in no event less than fifty per cent.

(M) "Promotion" means any enticements, bonuses, discounts, premiums, giveaways, or similar encouragements that influence consumers' opinions regarding a product.

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, 6/21/04, 02/19/2008