Chapter 901:4-7 Grain Marketing Program

901:4-7-01 Definitions.

(A) "Wheat", "barley", "rye", and "oats" mean all kinds and varieties of these respective grains.

(B) "Bushel" means sixty pounds of wheat, fifty pounds of barley, fifty-six pounds of rye or thirty-two pounds of oats by weight.

(C) "Purchaser" means any person who receives first transfer of title from the producer, but not those persons who take no title but facilitate sales or marketing such as brokers, transfer agents, commission agents and transportation companies.

(D) "Market year" means the twelve consecutive month period beginning the first day of July and ending on the following thirtieth day of June.

(E) "District" means the geographical divisions of the state established pursuant to this program.

(F) "Collection agent" means a collector at the point of first sale or a person otherwise designated by the director who has the authority, as specified in this program, to collect assessments from the producers.

(G) "Net price" means the price after moisture and quality discounts or premiums, but before any deductions for storage, handling, trucking, or other services.

R.C. 119.032 review dates: 06/28/2013 and 06/28/2018
Promulgated Under: 119.03
Statutory Authority: 924.25
Rule Amplifies: 924.20
Prior Effective Dates: 06/28/2008

901:4-7-02 Grain marketing program operating committee.

(A) The grain marketing program operating committee (committee) shall conduct activities that will create and return value to the producers and program while optimizing check-off contributions.

(B) The committee may charge interest on delinquent accounts.

(C) Elected or appointed members must be each of the following:

(1) Producers of wheat, barley, rye or oats;

(2) Subject to the assessment;

(3) An Ohio resident of legal voting age; and

(4) A resident within the district to which they are nominated, elected, or appointed.

(D) The qualifications set forth above shall continue during the term of the office. Except for redistricting, failure to maintain the qualifications set forth above shall result in a vacated committee membership.

R.C. 119.032 review dates: 06/28/2013 and 06/28/2018
Promulgated Under: 119.03
Statutory Authority: 924.25
Rule Amplifies: 924.22
Prior Effective Dates: 06/28/2008

901:4-7-03 Nomination of the grain marketing program operating committee.

(A) The grain marketing program shall notify Ohio farm organizations and Ohio agricultural media of committee vacancies and publish said notification in at least two agricultural periodicals.

(B) Any producer wishing to be placed on the ballot may submit his or her nomination to the director by having twenty-five or more valid signatures from producers in the district in which the producer seeks election.

(C) In the event there are more than five persons in a district having the requisite number of valid signatures to be placed on the ballot, the director shall place the names of the five nominees having the greatest number of valid signatures on the ballot.

(D) In the event there are two or more producers with an equal number of valid signatures received for a nomination, the director shall select from those seeking nomination the producer whose name shall be placed on the ballot.

(E) All producers seeking election must submit written consent statements to the director stating that their names may appear on the ballot, that they are qualified producers, and they are willing to serve on the committee.

R.C. 119.032 review dates: 06/28/2013 and 06/28/2018
Promulgated Under: 119.03
Statutory Authority: 924.25
Rule Amplifies: 924.22
Prior Effective Dates: 06/28/2008

901:4-7-04 Election of the grain marketing program operating committee.

(A) At the first meeting of the committee, lots will be drawn to determine the length of term for each initial member of the committee, in order to provide staggered terms:

(1) Three members shall serve for one year.

(2) Three members shall serve for two years.

(3) Three members shall serve for three years.

(4) All subsequent elections to the committee will be for three year terms.

(B) An elected member may serve up to three consecutive full three year terms.

(C) Producers may only vote for nominees in the district in which they reside.

(D) The nominee with the greatest number of votes in each district shall be elected to the committee.

(E) In the event two or more candidates in a district receive an equal number of votes for a vacant seat on the committee, the director shall select from those district candidates the producer who shall serve on the committee.

(F) In the event a district vacancy exists for an unexpired term, the director may appoint a person from that district to fill the vacancy. Otherwise, the district will elect a new committee member in the following year's election in order to complete the term of the vacant seat. In the event no candidate exists for a vacant seat, the director shall appoint a person from that district to fill the vacancy.

R.C. 119.032 review dates: 06/28/2013 and 06/28/2018
Promulgated Under: 119.03
Statutory Authority: 924.25
Rule Amplifies: 924.22
Prior Effective Dates: 06/28/2008

901:4-7-05 Nomination and election districts for the grain marketing program operating committee.

For the purpose of nomination and election of members to the committee, the state of Ohio shall be divided into nine representative districts.

(A) District one shall consist of Defiance, Fulton, Henry, Lucas, and Williams counties.

(B) District two shall consist of Ottawa, Sandusky, Seneca, and Wood counties.

(C) District three shall consist of Ashland, Ashtabula, Columbiana, Crawford, Cuyahoga, Erie, Geauga, Huron, Lake, Lorain, Mahoning, Medina, Portage, Richland, Stark, Summit, Trumbull, and Wayne counties.

(D) District four shall consist of Paulding, Putnam, and Van Wert counties.

(E) District five shall consist of Hancock, Hardin, and Wyandot counties.

(F) District six shall consist of Allen, Auglaize, Logan. Mercer, and Shelby counties.

(G) District seven shall consist of Belmont, Carroll, Coshocton, Delaware, Franklin, Guernsey, Harrison, Holmes, Jefferson, Knox, Licking, Madison, Marion, Morrow, Muskingum, Tuscarawas, and Union counties.

(H) District eight shall consist of Butler, Champaign, Clark, Clermont, Clinton, Darke, Greene, Hamilton, Miami, Montgomery, Preble, and Warren counties.

(I) District nine shall consist of Adams, Athens, Brown, Fairfield, Fayette, Gallia, Highland, Hocking, Jackson, Lawrence, Meigs, Monroe, Morgan, Noble, Perry, Pickaway, Pike, Ross, Scioto, Vinton, and Washington counties.

R.C. 119.032 review dates: 06/28/2013 and 06/28/2018
Promulgated Under: 119.03
Statutory Authority: 924.25
Rule Amplifies: 924.22
Prior Effective Dates: 06/28/2008

901:4-7-06 Meetings of the grain marketing program operating committee.

(A) The first regular meeting of the committee will be held approximately thirty days after the election with subsequent meetings at least quarterly each calendar year.

(B) A simple majority of the nine members of the committee shall constitute a quorum. A simple majority of concurring votes of the quorum shall be required to pass any motion or approve any committee action. The committee shall follow accepted rules of parliamentary procedure.

R.C. 119.032 review dates: 06/28/2013 and 06/28/2018
Promulgated Under: 119.03
Statutory Authority: 924.25
Rule Amplifies: 924.22
Prior Effective Dates: 06/28/2008

901:4-7-07 Funding of and collecting funds for the grain marketing program.

(A) Producers of wheat, barley, rye or oats are subject to one-half of one percent assessment of the per-bushel price of wheat, barley, rye or oats. This assessment will be taken on the net market price, and collected at the first point of sale.

(B) If wheat, barley, rye or oats are sold or marketed through Ohio grain elevators, seed companies, or other collection points designated by the director, those collection points shall be the designated collection agent. For wheat, barley, rye or oats sold or marketed at points other than indicated above, the producer shall be the designated collection agent. Collection agents are responsible for collection and remittance of the assessment in accordance with the requirements set forth in section 924.26 of the Revised Code. At the request of the producer, the collection agents shall be responsible for stamping the receipt of the assessed producer with an official mark identifying the collection point.

(C) Delayed price wheat, barley, rye and oats assessments shall be made when priced by the producer.

(D) Wheat, barley, rye, or oats used as a security under commodity credit corporation shall be assessed at the time title of the grain transfers. After the assessment is made, the producer shall receive notice and proof of the assessment. If the producer defaults and the creditor forecloses on the grain, the producer shall pay the assessment.

(E) The collection agent shall remit the assessment and assessment records no later than the fifteenth day following the last day of the quarter of collection to the committee. The quarterly reporting periods are:

(1) July first through September thirtieth, with the remittance and report due October fifteenth;

(2) October first through December thirty-first, with the remittance and report due January fifteenth;

(3) January first through March thirty-first1, with the remittance and report due April fifteenth; and

(4) April first through June thirtieth, with the remittance and report due July fifteenth.

(F) The producer's liability ceases when the assessment is collected by the designated collection agent. Collection agents are responsible for all fees due, records, and submitting collections on or before due dates.

(G) The collection agent shall maintain the following records: numerical scale tickets kept in sequential order, settlement sheets, daily position records showing transfers in and out and any other records prescribed by the director or his designee. The director or his designee may review the records of the collection agent during normal business hours. The committee shall keep accurate records of the amount of the assessments and the date each assessment was received. These records shall be maintained as prescribed by the state of Ohio.

R.C. 119.032 review dates: 06/28/2013 and 06/28/2018
Promulgated Under: 119.03
Statutory Authority: 924.25
Rule Amplifies: 924.26
Prior Effective Dates: 06/28/2008

901:4-7-08 Accounting of assessments.

(A) Assessments or payments received from producers with delinquent accounts will have the assessments or payments credited to the most delinquent account, including partial assessments or payments. Delinquent accounts include assessments past due, interest, and all costs incurred by the committee.

(B) Any producer from whom an assessment has been collected shall be entitled to request and receive a refund up to the amount of assessment, subject to submitting a properly completed refund request on a form approved and provided by the director.

(C) Each request for a refund shall contain the following:

(1) Producer's name and mailing address;

(2) Amount and date of the assessment;

(3) Copy of receipt showing official mark and collection point if sold or marketed through an elevator in Ohio; and

(4) Any other information required by the program for issuing the refund.

(D) Each request for a refund must be postmarked no later than midnight thirty days from date of sale or marketing. The date of the refund request is the postmark, or the date the request is received, if the postmark is missing or illegible.

(E) Payment of refund must be made as soon as possible, but no later than thirty days from receipt of the refund request.

R.C. 119.032 review dates: 06/28/2013 and 06/28/2018
Promulgated Under: 119.03
Statutory Authority: 924.25
Rule Amplifies: 924.26 , 924.27
Prior Effective Dates: 06/28/2008

901:4-7-09 Removal of a member of the grain marketing program operating committee.

A member of the committee may be removed from the board if any one of the following occurs:

(A) The member has three consecutive unexcused absences from committee meetings. Unexcused absences are to be defined at the discretion of the committee.

(B) The member ceases being a producer as defined by the grain marketing program rules.

(C) The member engages in conduct that violates the laws of the state of Ohio, and a quorum present votes to dismiss that member.

R.C. 119.032 review dates: 06/28/2013 and 06/28/2018
Promulgated Under: 119.03
Statutory Authority: 924.25
Rule Amplifies: 924.22
Prior Effective Dates: 06/28/2008