Ohio Revised Code Search

...The Ohio livestock care standards board shall not create a statewide animal identification system.

...As used in sections 905.01 to 905.11 of the Revised Code: (A) "Distributor" means a person who offers for sale, sells, trades, or supplies an agricultural additive. (B) "Manufacturer" means a person who mines, extracts, processes, refines, blends, or mixes an agricultural additive. (C) "Registrant" means the manufacturer who registers an agricultural additive under sections 905.01 to 905.11 of the Revised Code. (...

...No distributor or manufacturer shall sell, exchange, offer for sale or exchange, or distribute for sale or exchange in this state any agricultural additive unless it has been registered by the manufacturer with the department of agriculture. Registration of an agricultural additive does not constitute a warranty by the department or the state.

...(A) Each application for registration of an agricultural additive shall be accompanied by a registration fee of fifty dollars. Application shall be made on a form supplied by the director of agriculture and shall include: (1) The name and address of the registrant; (2) The additive's brand name; (3) The purpose or proposed use of the additive; (4) Directions for the additive's use; (5) The results or effects tha...

...No person shall sell, exchange, offer for sale or exchange, or distribute for sale or exchange in this state any agricultural additive unless its container is conspicuously labeled with the following information: (A) The additive's brand name; (B) Its purpose or proposed use; (C) The net weight of the contents of the container; (D) Directions for the additive's use; (E) The results or effects that can be expecte...

...The director of 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.

...The director of agriculture shall: (A) Gather information on the performance of various agricultural additives, including distributors' and manufacturers' claims, the results of investigation or research on additives, and the conditions when they are useful, and make the information available to the public; (B) Provide and distribute, in cooperation with OSU extension, information on the use of agricultural a...

...The director of agriculture or his duly authorized representative may enter any property, public or private, in order to make inspections to determine whether or not there is compliance with sections 905.01 to 905.11 of the Revised Code or if any agricultural additive is useful for agricultural production in this state. If refused entry he may apply for and the court of common pleas may issue an appropriate warrant. ...

...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...

...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...

...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.

...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...

...As used in sections 905.31 to 905.503 of the Revised Code: (A) "Brand name" means a name or expression, design, or trademark used in connection with one or several grades of any type of fertilizer. (B) "Bulk fertilizer" means any type of fertilizer in solid, liquid, or gaseous state, or any combination thereof, in a nonpackaged form. (C) "Distribute" means to offer for sale, sell, barter, or otherwise supply fe...

...(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 five-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...

...(A) Beginning September thirtieth of the third year after August 21, 2014, no person shall apply fertilizer for the purposes of agricultural production unless that person has been certified to do so by the director of agriculture under this section and rules or is acting under the instructions and control of a person who is so certified. (B) Except as otherwise provided in this division, a person shall be certifie...

...(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...

...(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...

...(A) Except as provided in division (B) of this section, the director of agriculture, an employee of the department of agriculture, the supervisors of a soil and water conservation district, an employee of a district, and a contractor of the department or a district shall not disclose information, including data from geographic information systems and global positioning systems, used in the development or approval of ...

...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 ...

...(A)(1) Except as provided in division (B) of this section, no person in the western basin shall surface apply fertilizer under either of the following circumstances: (a) On snow-covered or frozen soil; (b) When the top two inches of soil are saturated from precipitation. (2) Except as provided in division (B) of this section, no person in the western basin shall surface apply fertilizer in a granular form when the...

...(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...

...(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 ...

...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...

...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.

...(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...