Chapter 901:4-5 | Market Development Programs

Rule 901:4-5-01 | Definitions.

• Effective: July 27, 2024
• Promulgated Under: 119.03

(A) "Affected commodity" means the agricultural commodity for which a marketing program is under consideration and upon which assessments would be made.

(B) "Collection agent" means a person or agency designated by an operating committee to have the authority to solicit and collect, and forward to the treasurer of state, assessments from producers.

(C) "Director" means the director of agriculture of the state of Ohio.

(D) "Marketing year" means the time period, defined by the U.S.D.A. at http://www.usda.gov/wps/portal/usda/usdahome, when the affected commodity is marketed. In the absence of a marketing year defined by the U.S.D.A., the director shall define the marketing year.

(E) "Producer" means any person who is in the business of producing, or causing to be produced, any agricultural commodity for commercial sale during the current or preceding marketing year, except that when used in reference to nursery stock, "producer" also means a distributor, processor, handler, or retailer of nursery stock.

(F) "Agricultural commodity" means any food, fiber, feed, animal, or plant, or group of foods, fibers, feeds, animals, or plants that the director of agriculture determines to be of the same nature, in either a natural or processed state. Agricultural commodity does not include any of the following:

(1) Grain, as defined in section 924.20 of the Revised Code;

(2) Soybeans; or

(3) Hemp, as defined in section 928.01 of the Revised Code.

(G) "Person" means any natural person, partnership, sole proprietorship, limited liability company, corporation, society, agricultural cooperative as defined in section 1729.01 of the Revised Code, association, or fiduciary.

(H) "Commercial quantity" means quantities subject to assessments as defined in the proposed marketing program.

(I) "Marketed" means any quantities, as defined in the proposed marketing program, that are sold, bartered, or for which other items of value are exchanged.

(J) "Nursery stock" means any winter hardy, perennial plant.

(K) "Commercial sales" means any commercial quantity marketed.

(L) "District" means a geographic area of Ohio, except if the proposed program includes out-of-state geographic areas. All Ohio districts must be composed of contiguous counties, and counties shall not be subdivided.

(M) "Category" means a classification of production, ownership, or other characteristics to qualify persons for marketing committee membership.

(N) "Continuance hearing" means a hearing held once in every five-year period to determine whether or not a marketing program should continue in existence for another five-year period.

(O) "Teller's committee" means a committee appointed by the director to certify the results of the referendum and/or election.

(P) "Producing" means the process that begins at that point in time in which the animal is born or the seed or plant is placed in the growing media. If a commodity cannot be defined as described in this rule, the director may define that point in time where production begins.

Last updated July 29, 2024 at 8:23 AM

Supplemental Information

Authorized By: 924.02
Amplifies: 924.01
Five Year Review Date: 7/17/2029
Prior Effective Dates: 9/24/1981, 6/12/1986

Rule 901:4-5-02 | Eligibility of producers.

• Effective: July 27, 2024
• Promulgated Under: 119.03

(A) A producer, is eligible to vote in a referendum and/or election of an operating committee, conducted under authority of Chapter 924. of the Revised Code shall:

(1) Be a producer of an Ohio commodity,

(2) Be subject to the assessment upon the affected commodities, and

(3) Have produced or caused to be produced the affected commodity in the producer's own name during current or preceding marketing year in which the referendum is to be held.

(B) There shall be only one vote for each producer. In determining the eligibility of a producer, the director shall recognize the vote of the individual holding the largest financial interest, or its designee.

Last updated July 29, 2024 at 8:24 AM

Supplemental Information

Authorized By: 924.02
Amplifies: 924.02
Five Year Review Date: 7/17/2029
Prior Effective Dates: 6/12/1986

Rule 901:4-5-03 | Public notice.

• Effective: July 27, 2024
• Promulgated Under: 119.03

(A) Pursuant to section 924.04 of the Revised Code, the director shall publish in at least two periodicals a notice informing interested persons of the proposed marketing program or amendment. The public shall have an opportunity to comment on the proposed program or amendment for thirty days after the publication of the notice.

(B) In addition to paragraph (A ) of this rule, the director may hold a public hearing. Notice of such hearings will be posted on the Ohio department of agriculture's website at http://www.agri.ohio.gov/ under events.

(C) Pursuant to division (E) of section 924.06 of the Revised Code, for any referendum held on an agricultural commodity marketing program or a proposed amendment to such a program, the director or operating committee shall publish a ballot request form, at least thirty days before the beginning of a referendum, in at least two periodicals designated by the director. The director shall publish a toll-free telephone number that producers may call to request a ballot.

(D) Pursuant to division (B) of section 924.12 of the Revised Code, at least once in five years, the director will give public notice by analogy to paragraph (A) of this rule and conduct a hearing under division (C) of section 119.03 of the Revised Code to consider the continuation of the program.

(1) The director will file a copy of the public notice with the director of the legislative service commission for purposes of publishing the public notice in the register of Ohio. In addition, notice of such hearings will be posted on the Ohio department of agriculture's website at https://agri.ohio.gov/divisions/markets/resources/commoditymarketingprograms.

(2) Pursuant to division (C) of section 924.12 of the Revised Code, the director will, within thirty days after the close of any hearing, recommend continuation or termination of the program and give public notice of the recommendation by publication in the register of Ohio. In addition, the director will provide notice of the recommendation of the continuance or termination of the marketing program to any person who, in writing, has requested notification and will post the recommendation on the Ohio department of agriculture's website at https://agri.ohio.gov/divisions/markets/resources/commoditymarketingprograms.

Last updated July 29, 2024 at 8:24 AM

Supplemental Information

Authorized By: 924.02
Amplifies: 924.04
Five Year Review Date: 7/17/2029
Prior Effective Dates: 10/12/2015

Rule 901:4-5-05 | Referendum.

• Effective: July 27, 2024
• Promulgated Under: 119.03

After the director has ruled favorably for a proposed marketing program or amendment to a program, he shall hold a referendum in accordance with division (A) of section 924.06 of the Revised Code.

(A) Referendum:

(1) The director shall designate three consecutive business days to conduct in person voting at polling places.

(2) If opting to vote via mail, return mail ballots must be postmarked no later than midnight on the last day of the referendum and be received by the teller's committee within ten days from the closing date of the referendum.

(B) Polling places:

(1) The director shall designate at least two polling places.

(2) The addresses and telephone numbers of each polling place shall be published in the public notice of the referendum, as well as the dates and times each polling place is to be open.

(3) The director may designate, in addition to the polling place in paragraph (B)(1) of this rule, polling places at meetings of producer associations or general farm organizations. These polling places shall be:

(a) Exempt from telephone request for ballots as specified in division (E) of section 924.06 of the Revised Code;

(b) Published in the public notice, along with the dates and times each polling place is to be open; and

(c) Required to admit producers, without fee, for the purpose of voting.

(C) Impartial observer:

(1) The director shall appoint an impartial observer at each polling place who will be ineligible to vote in the referendum.

(2) The impartial observers shall determine the eligibility of each voter and upon finding issues with eligibility, shall report such issues of eligibility to the director.

(D) Petition forms, ballot applications, and ballots:

(1) The question(s) to be voted upon shall be presented to voters in common, understandable terms.

(2) The director may determine information required on all petitions, ballot applications, ballots and refund forms. These may include:

(a) Name and address of producer;

(b) Name and address of voter;

(c) County of residence;

(d) Certification statement signed by voter as to eligibility to vote;

(e) Social security or tax identification number on refund forms; or

(f) Any other information deemed necessary by the director.

(3) The director shall approve all ballots, ballot application forms, petitions, and refund forms.

(4) Signatures on petition forms shall be within twelve consecutive months from date of presentation to the director.

(E) The director shall appoint a teller's committee to count the ballots and determine the results of the referendum in accordance with section 924.06 of the Revised Code.

(F) In situations where a national or regional marketing program is in conflict with a state marketing program, the director, subject to the approval of the operating committee, may make minor technical changes in the state program so long as the intent of the program does not change.

Last updated July 29, 2024 at 8:24 AM

Supplemental Information

Authorized By: 924.02
Amplifies: 924.06
Five Year Review Date: 7/17/2029
Prior Effective Dates: 9/24/1981, 4/30/1999

Rule 901:4-5-06 | Appointment of operating committees.

• Effective: July 27, 2024
• Promulgated Under: 119.03

(A) Before appointing an operating committee member pursuant to section 924.07 of the Revised Code, the director shall notify producers through producer associations of the affected commodity and general farm organizations, by first class mail or by electronic means at least thirty days before appointments are made, that the director is receiving such nominations.

(B) The director shall make a reasonable effort to determine the qualifications of nominees submitted to assure that:

(1) They are qualified producers subject to the assessment;

(2) They will serve if appointed;

(3) They are knowledgeable on production and marketing of the affected commodity; and

(4) They are deemed to represent an equitable part of the production and geographic area of the state.

Last updated July 29, 2024 at 8:24 AM

Supplemental Information

Authorized By: 924.02
Amplifies: 924.07
Five Year Review Date: 7/17/2029
Prior Effective Dates: 6/12/1986

Rule 901:4-5-08 | Receipt and expenditure of funds.

• Effective: October 12, 2015
• Promulgated Under: 119.03

Pursuant to section 924.10 of the Revised Code, a commodity marketing program's operation committee shall keep accurate records of the date and amount of money received from each producer. For the purpose of Chapter 924. of the Revised Code, such records shall be maintained for a period of not less than five years.

Last updated May 6, 2024 at 9:40 AM

Supplemental Information

Authorized By: 924.02
Amplifies: 924.08
Five Year Review Date: 4/19/2029
Prior Effective Dates: 1/29/1970