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The Legislative Service Commission staff updates the Revised Code on an ongoing basis, as it completes its act review of enacted legislation. Updates may be slower during some times of the year, depending on the volume of enacted legislation.

Ohio Revised Code Search

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Section 904.06 | Ohio livestock care standards fund.

...ules adopted under it, the director of agriculture shall request the controlling board to authorize the transfer of all or part of an appropriation from any fund administered by the department of agriculture to the Ohio livestock care standards fund created in division (B) of this section. (B) All money appropriated by the general assembly for use by the Ohio livestock care standards board, money transferred ...

Section 904.07 | Authority not to apply to county human societies or county officials.

...are standards board and the director of agriculture by this chapter does not detract from or expand the authority or obligations of county humane societies or county officials under Chapter 1717. of the Revised Code.

Section 904.08 | Authority not to apply to food processing production activity regulated by department of agriculture.

...are standards board and the director of agriculture by this chapter does not apply to food processing production activity that is regulated by the department of agriculture under Title IX of the Revised Code.

Section 904.09 | Board not to create statewide animal identification system.

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

Section 905.01 | Agricultural additive definitions.

...s definition by rule of the director of agriculture. (E) "Active ingredient" means any ingredient from which an agricultural additive derives all or part of its value or effectiveness and that is defined in the current edition of Merck's Chemical Index or recorded in Chemical Abstracts. (F) "Inert ingredient" means an ingredient that is not active.

Section 905.02 | Selling or exchanging unregistered agricultural additive.

...the manufacturer with the department of agriculture. Registration of an agricultural additive does not constitute a warranty by the department or the state.

Section 905.03 | Application for registration of agricultural additive.

...e 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 that can be expected when the additive is used as directed; (6) Evidence that the additive has been tested for efficacy in the laboratory and in the fiel...

Section 905.04 | Label information.

...tion 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 sections 905.02 and 905.03 of the Revised Code. The information on the label constitutes an express warranty of the results or effects shown on the label when used as directed.

Section 905.05 | Administrative rules.

...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.

Section 905.06 | Information duties - investigations.

...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...

Section 905.07 | Suspending or revoking of registration.

...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. ...

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...

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...

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.

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...

Section 905.31 | Fertilizer definitions.

...bed by rules adopted by the director of agriculture. (G) "Label" means any written or printed matter on the package or tag attached to it or on the pertinent delivery and billing invoice. (H) "Manufacture" means to process, granulate, blend, mix, or alter the composition of fertilizers for distribution. (I) "Mixed fertilizer" means any combination or mixture of fertilizer designed for use, or claimed to have va...

Section 905.32 | Application for license.

... 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; (3) For each location out of the state from which fertilizer is distributed into this state; (4) For each location in this state from which fertilizer is distrib...

Section 905.321 | Certification required.

...n 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 certified to apply fertilizer for purposes of agricultural production in accordance with rules. A person that has been so certified shall comply with requirements and procedures establish...

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...

Section 905.323 | Voluntary nutrient management plans.

... conservation district, the director of agriculture, or the director's designee to approve the plan. The supervisors, director, or director's designee shall approve or disapprove the plan. (B) If a voluntary nutrient management plan is disapproved under this section, the person who developed the plan or had it developed may request an adjudication hearing in accordance with Chapter 119. of the Revised Code. (C) A p...

Section 905.324 | Confidentiality.

...on (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 or contained in a voluntary nutr...

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 ...

Section 905.326 | Application of fertilizer in western basin.

...(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...

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...

Section 905.33 | Registering custom mixed fertilizer as a specialty fertilizer.

... 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 of fifty dollars for each brand and product name of each grade. Labels for each brand and product name of each grade shall accompany the application. Upon the ap...