Ohio Revised Code Search
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Section 905.04 | Label information.
...icrobiological product, the number and kind of viable microorganisms per milliliter or, if the product is other than a liquid, per gram. (G) The name and address of the manufacturer who registered the product; (H) The additive's registration number provided by the director of agriculture. The information on the label shall correspond to the information included in the application for registration required under se... |
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Section 905.05 | Administrative rules.
...f agriculture may adopt, modify, or rescind rules, in accordance with Chapter 119. of the Revised Code, to implement sections 905.01 to 905.11 of the Revised Code. |
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Section 905.06 | Information duties - investigations.
... make the information available to the public; (B) Provide and distribute, in cooperation with OSU extension, information on the use of agricultural additives; (C) Provide for the prompt and thorough investigation of written complaints received concerning agricultural additives. |
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Section 905.07 | Suspending or revoking of registration.
...tion of an agricultural additive if he finds that the additive does not produce the results or effects shown on its label or that the distributor or manufacturer has violated any provision of sections 905.01 to 905.11 of the Revised Code or any rule adopted thereunder. Before he suspends or revokes the registration of an agricultural additive, he shall afford the registrant the opportunity of an adjudication hearing ... |
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Section 905.08 | Holding additives during period of suspension or revocation.
...The director of agriculture may issue an order to the owner or custodian of any package or lot of an agricultural additive requiring it to be held at a designated place during the period the director has suspended or revoked the product's registration under section 905.07 of the Revised Code. The agricultural additive shall be held until the director issues a release in writing. A release shall not be issued until t... |
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Section 905.09 | Injunctions.
...The director of agriculture may apply to the court of common pleas for an injunction against any person who continues to sell, exchange, offer for sale or exchange, or distribute for sale or exchange an agricultural additive for which an order to hold has been issued under section 905.08 of the Revised Code or that is not registered with the department of agriculture under section 905.02 of the Revised Code. Each pac... |
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Section 905.10 | Class actions.
...Upon written request by the director of agriculture, the attorney general may join or bring class actions on behalf of persons who are adversely affected by the purchase of agricultural additives or who are injured by violation of sections 905.01 to 905.11 of the Revised Code. |
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Section 905.11 | False representations.
...No person shall falsely represent that an agricultural additive: (A) Can be used in lieu of another product or products, including fertilizers and agricultural liming materials, with the same or similar results; (B) Enhances the effects or benefits of a fertilizer or agricultural liming material; (C) Is useful and effective when used under weather conditions normal for this state or in soils in this state; (D) Is... |
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Section 905.31 | Fertilizer definitions.
...n of individuals, institution, park, or public agency administered by the state or any subdivision of the state. (N) "Product name" means a coined or specific designation applied to an individual fertilizer material or mixture of a fixed composition and derivation. (O) "Sale" means exchange of ownership or transfer of custody. (P) "Official sample" means the sample of fertilizer taken and designated as official... |
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Section 905.32 | Application for license.
...(A) No person shall manufacture or distribute in this state any type of fertilizer until a license to manufacture or distribute has been obtained by the manufacturer or distributor from the department of agriculture upon payment of a fifty-dollar fee: (1) For each fixed (permanent) location at which fertilizer is manufactured in this state; (2) For each mobile unit used to manufacture fertilizer in this state; ... |
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Section 905.321 | Certification required.
...Chapter 4796. of the Revised Code to an individual if either of the following applies: (1) The individual holds a license or certification in another state. (2) The individual has satisfactory work experience, a government certification, or a private certification as described in that chapter as a fertilizer applicator in a state that does not issue that license or certification. (C) A person that has been lic... |
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Section 905.322 | Rules and regulations regarding fertilizer application.
...(A) The director of agriculture shall adopt rules in accordance with Chapter 119. of the Revised Code that do all of the following: (1) Create a fertilizer applicator certification program pursuant to section 905.321 of the Revised Code that does all of the following: (a) Educates an applicant for certification on the time, place, form, amount, handling, and application of fertilizer; (b) Serves as a compone... |
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Section 905.323 | Voluntary nutrient management plans.
...(A)(1) A person who owns or operates agricultural land may do any of the following: (a) Develop a voluntary nutrient management plan; (b) Request any person to develop a voluntary nutrient management plan on behalf of the person who owns or operates the agricultural land; (c) Request the supervisors of the applicable soil and water conservation district organized in accordance with Chapter 940. of the Revised Code... |
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Section 905.324 | Confidentiality.
...e compliance with such a plan are not a public record subject to disclosure under section 149.43 of the Revised Code. |
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Section 905.325 | Civil actions; affirmative defenses.
...In a private civil action for claims involving or resulting from the application of fertilizer, it is an affirmative defense if all of the following apply: (A) The person applying the fertilizer is certified or is applying fertilizer under the instruction and control of a person who is certified under section 905.321 of the Revised Code and rules. (B) Records have been properly maintained for the application ... |
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Section 905.326 | Application of fertilizer in western basin.
...r at reasonable times on any private or public property to inspect and investigate conditions relating to any such alleged failure to comply with this section. (3) If an individual denies access to the director or the director's designee, the director may apply to a court of competent jurisdiction in the county in which the premises is located for a search warrant authorizing access to the premises for the purposes ... |
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Section 905.327 | Penalty for unlawful application of fertilizer.
...(A) The director of agriculture may assess a civil penalty against a person that violates section 905.326 of the Revised Code. The director may impose a civil penalty only if the director affords the person an opportunity for an adjudication hearing under Chapter 119. of the Revised Code to challenge the director's determination that the person violated section 905.326 of the Revised Code. The person may waive the ri... |
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Section 905.33 | Registering custom mixed fertilizer as a specialty fertilizer.
...(A) Except as provided in division (C) of this section, no person shall distribute in this state a specialty fertilizer until it is registered by the manufacturer or distributor with the department of agriculture. An application, in duplicate, for each brand and product name of each grade of specialty fertilizer shall be made on a form furnished by the director of agriculture and shall be accompanied with a fee ... |
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Section 905.331 | Nonagricultural production custom mixed fertilizer blender license.
...No person who engages in the business of blending a custom mixed fertilizer for use on lawns, golf courses, recreation areas, or other real property that is not used for agricultural production shall fail to register a specialty fertilizer in accordance with division (A) of section 905.33 of the Revised Code unless the person has obtained an annual nonagricultural production custom mixed fertilizer blender lice... |
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Section 905.34 | Exemption for distributor.
...No distributor shall be required to obtain a license under division (A) of section 905.32 of the Revised Code to distribute fertilizer if the fertilizer is registered under division (A) of section 905.33 of the Revised Code. |
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Section 905.35 | Label information.
...(A) No person shall distribute in this state any type of fertilizer in packages unless the packages have placed on or affixed to them in legibly written or printed form the following: (1) Net weight of the contents; (2) Brand and product name; (3) Name and address of the manufacturer or distributor that appears on the license or registration; (4) Grade expressed in whole numbers only for all mixed fertilizers exc... |
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Section 905.36 | Inspection fees - annual statement of tonnage.
...(A) A licensee or registrant shall pay the director of agriculture an inspection fee of twenty-five cents per ton for all of the following, as applicable: (1) All fertilizer that the licensee distributes in this state to a person that has not been issued a license under section 905.32 of the Revised Code; (2) All fertilizer that the licensee applies in this state for purposes of agricultural production and al... |
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Section 905.37 | Statement and reports by director.
...(A) The director of agriculture may distribute annual statements of fertilizer sales by grades of materials and mixed fertilizer by counties, in a manner prescribed by the director. (B) The director may publish annually a report of the analysis of fertilizers inspected. (C) The director may distribute a state fertilizer usage report by grade of materials and mixed fertilizers for each month. |
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Section 905.39 | Sampling and analysis.
...rules. The director may enter upon any public or private premises or conveyances during regular business hours in order to have access to fertilizer subject to sections 905.31 to 905.503 of the Revised Code and rules. (B) The director shall maintain the services necessary to effectively administer and enforce sections 905.31 to 905.503 of the Revised Code and rules. The methods of sampling and analysis shall... |
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Section 905.40 | Administrative rules.
...The director of agriculture shall adopt and enforce uniform rules: (A) Governing the storing and handling of anhydrous ammonia that is used for agricultural purposes; (B) For safety in the design, construction, location, installation, or operation of anhydrous ammonia systems for agricultural use. In addition, with regard to an anhydrous ammonia system that is used for agricultural purposes, the rules shall ... |