Chapter 901:4-6 | Ohio Proud Program

Rule 901:4-6-01 | Definitions.

• Effective: August 13, 2018
• Promulgated Under: 119.03

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) "Department" means the Ohio department of agriculture.

(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.

Last updated February 6, 2024 at 9:38 AM

Supplemental Information

Authorized By: 901.171
Amplifies: 901.171
Five Year Review Date: 1/31/2029
Prior Effective Dates: 3/25/1991, 6/1/1993, 6/21/2004

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

• Effective: April 19, 2024
• Promulgated Under: 119.03

(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, a facsimile, or scanned electronic copy 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 paragraph (A) 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 expires on December thirty-first 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.

Last updated April 19, 2024 at 9:40 AM

Supplemental Information

Authorized By: 901.171
Amplifies: 901.171
Five Year Review Date: 4/9/2029
Prior Effective Dates: 3/25/1991, 6/1/1993, 8/13/2018

Rule 901:4-6-04 | Use of logotype, standards.

• Effective: April 19, 2024
• Promulgated Under: 119.03

(A) The Ohio proud logo may only be used on labels and in advertising and promotion:

(1) Of products which have been produced in Ohio; and,

(2) Meet or exceed United States department of agriculture grade standards or Ohio grade standards, whichever is higher, for the intended end use of the product; and,

(3) Are produced and processed in compliance with applicable state and federal laws and regulations enacted to ensure the safety and wholesomeness of agricultural products; and,

(4) Are registered with the Ohio department of agriculture in accordance with rule 901:4-6-03 of the Administrative Code; and,

(5) By persons who have entered into a licensing agreement with the Ohio department of agriculture to use the logo.

(B) Products for which there is no United States department of agriculture or Ohio grade standard, then a grade standard established by that product's industry may be used as the grade standard for that product.

(C) The Ohio proud logo shall not be used on any products which are sub standard.

(D) Upon request of the department, any person licensed to use the logotype shall submit a representative sample of the products from the market category registered and copies of the materials utilizing the logotype.

(E) License to use the Ohio proud logo may not be sold, franchised, or otherwise transferred to any other person.

Last updated April 19, 2024 at 9:40 AM

Supplemental Information

Authorized By: 901.171
Amplifies: 901.171
Five Year Review Date: 4/9/2029
Prior Effective Dates: 2/19/2008

Rule 901:4-6-05 | Fees.

• Effective: April 19, 2024
• Promulgated Under: 119.03

(A) A fee of fifty dollars shall accompany the first application for registration of a product within a market category as defined in rule 901:4-6-01 of the Administrative Code. Thereafter no fee is required for registration of additional products within a market category. If an application is rejected for any reason, the fee will be returned.

(B) All applications received and approved after October first of any calendar year are valid until December thirty-first of the following calendar year with no additional application fee.

(C) All monies received from product registration fees and the sale of logotypes and promotional materials shall be credited to a dedicated rotary fund and used to finance the Ohio proud program.

Last updated April 19, 2024 at 9:40 AM

Supplemental Information

Authorized By: 901.171
Amplifies: 901.171
Five Year Review Date: 4/9/2029
Prior Effective Dates: 4/30/1999