Lawriter - OAC - 901:5-4-04 Recordkeeping.

901:5-4-04 Recordkeeping.

(A) All fertilizer certificate holders shall maintain fertilizer application records. For each application of fertilizer applied for the primary purpose of agricultural production, the certificate holder or the applicator acting under their instructions and control shall document the following information within twenty-four hours of application:

(1) The date of the application of fertilizer;

(2) The place of application of fertilizer;

(3) The number of acres applied;

(4) The rate of application of fertilizer;

(5) The total amount of fertilizer applied, by weight or volume;

(6) An analysis of the fertilizer applied;

(7) The name of the individual who applied the fertilizer;

(8) The name of the certificate holder, if applicable;

(9) The soil conditions at the time of the application;

(10) The type of application method (soil injected, incorporated, surface, etc..);

(11) The weather conditions at the time of application, including temperature and precipitation;

(12) The weather forecast for the day following application; and

(13) For surface application only, whether the land at the time of application was frozen and/or snow covered.

(B) All individuals acting under the instructions and control of a certificate holder shall transmit all fertilizer application records to the certificate holder within ten days of application.

(C) Fertilizer application records shall be maintained for a period of three years. If applicable, the employer of a certificate holder may elect to maintain the fertilizer application records. If elected, the employer shall maintain the fertilizer application records for a period of three years even if the employee-employer relationship has ended. The employer must make the records available to the certificate holder and the department of agriculture, upon request.

(D) All fertilizer certificate holders shall transmit all fertilizer application records to the farm operator within thirty days of application.

(E) Fertilizer certificate holders are not required to submit these records to the director, but the records shall be made available to the director or the director's designee for review upon request.

Effective: 10/1/2017
Five Year Review (FYR) Dates: 12/13/2019
Promulgated Under: 119.03
Statutory Authority: 905.321, 905.322
Rule Amplifies: 905.321, 905.322
Prior Effective Dates: 12/13/2014