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Ohio Revised Code Search

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agriculture zoning
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Section 905.331 | Nonagricultural production custom mixed fertilizer blender license.

...r blender license from the director of agriculture. A license issued under this section shall be valid from the first day of December of a calendar year through the thirtieth day of November of the following calendar year. A renewal application for a nonagricultural production custom mixed fertilizer blender license shall be submitted to the director no later than the thirtieth day of November each year and s...

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.

Section 905.35 | Label information.

...t the mixed fertilizer. The director of agriculture may take samples and use the information provided to the purchaser under division (B) of this section to analyze any mixed fertilizer in bulk and determine whether it has been uniformly mixed.

Section 905.36 | Inspection fees - annual statement of tonnage.

...r 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 all fertilizer tha...

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.

Section 905.39 | Sampling and analysis.

...(A) The director of agriculture shall inspect and sample any fertilizer within the state to such an extent as the director considers necessary and make an analysis where need is indicated to determine whether the fertilizer is in compliance with sections 905.31 to 905.503 of the Revised Code and rules. The director may enter upon any public or private premises or conveyances during regular business hours in ord...

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 ...

Section 905.41 | Design and construction of storage facilities for anhydrous ammonia.

...ruct the facility from the director of agriculture in accordance with rules. (B) Upon the submission of an application to the director for the approval of the design and construction of a storage facility for anhydrous ammonia that is used for agricultural purposes in accordance with rules, the applicant shall submit written notification of the application to all of the following: (1) The board of township tr...

Section 905.411 | Orders prohibiting use of anhydrous ammonia equipment or system.

...The director of agriculture may issue an order prohibiting the use of anhydrous ammonia equipment or an anhydrous ammonia system found not to comply with rules adopted under division (A) or (B) of section 905.40 of the Revised Code, as applicable. No person shall use the anhydrous ammonia equipment or system until a release in writing is issued by the director. The director shall not issue a release until both...

Section 905.42 | Manufacturing or distributing substance injurious to crop growth or deleterious to soil.

...No person shall manufacture or distribute in this state fertilizer containing any substance that is injurious to crop growth or deleterious to soil, provided, that the effects on plants shall not be deemed to be injurious when this is the purpose for which the substance was applied, in accordance with the label claims and recommendations.

Section 905.43 | Mislabeled or misrepresented fertilizer.

...n by net weight, unless the director of agriculture has approved the device that is used to measure the fertilizer or mixed fertilizer. (E) A meter may be used to deliver fertilizer by quantity if the meter bears a current, valid seal indicating it has been tested and approved by the division of weights and measures in the department of agriculture or by a sealer of weights and measures of a county or municipal corp...

Section 905.44 | Administrative rules.

...(A) The director of agriculture may adopt and enforce rules: (1) Governing the storing and handling of fertilizers; (2) For safety in the design, construction, location, installation, or operation of equipment, containment structures, and buildings for storing and handling fertilizers; (3) Requiring that guaranteed analysis be stated in a form other than that defined in section 905.31 of the Revised Code when...

Section 905.45 | Refusing, suspending or revoking of registration or license.

...(A) The director of agriculture may do any of the following upon a finding that a registrant, licensee, certificate holder, or applicant has violated any provision of sections 905.31 to 905.503 of the Revised Code or any rules: (1) Revoke the registration of any grade and brand name of fertilizer; (2) Revoke any license or certificate; (3) Suspend any registration, license, or certificate; (4) Refuse to regi...

Section 905.46 | Holding fertilizer offered or exposed for sale in violation of law.

...The director of agriculture may issue an order to the owner or custodian of any lot of fertilizer requiring it to be held at a designated place when the director has found the fertilizer to have been offered or exposed for sale in violation of sections 905.31 to 905.503 of the Revised Code or any rule. A fertilizer shall be held until a release in writing is issued by the director. A release shall not be issued...

Section 905.47 | Condemnation procedures.

...seizure on complaint of the director of agriculture to a court of competent jurisdiction in the county in which the fertilizer is located. The court upon a finding that the fertilizer is in violation of sections 905.31 to 905.503 of the Revised Code or any rule shall order the condemnation of the fertilizer, and it shall be disposed of in a manner consistent with the laws of this state. The court shall not orde...

Section 905.48 | Injunctions.

...dequate remedy at law, the director of agriculture may apply to the court of common pleas in the county wherein any of the provisions of sections 905.31 to 905.503 of the Revised Code are being violated for a temporary or permanent injunction restraining any person from the violation.

Section 905.49 | Restrictions not applicable to certain importers and manufacturers.

...Nothing in sections 905.31 to 905.503 of the Revised Code shall be considered either to restrict the distribution of fertilizers to each other by importers or manufacturers, who mix fertilizer materials for distribution, or to prevent the free and unrestricted shipment of fertilizer to manufacturers who are licensed or have registered their specialty fertilizer grades and brand names as required by sections 905...

Section 905.50 | Mislabeled fertilizer.

...If the director of agriculture has taken an official sample of a fertilizer or mixed fertilizer and determined that it constitutes mislabeled fertilizer pursuant to rules, the person who labeled the fertilizer or mixed fertilizer shall pay a penalty to the consumer of the mislabeled fertilizer or, if the consumer cannot be determined with reasonable diligence or is not available, to the director to be credited ...

Section 905.501 | Civil penalties.

...this section, whenever the director of agriculture has cause to believe that a person has violated, or is violating, sections 905.31 to 905.503 of the Revised Code or rules or an order issued under those sections or rules, the director may conduct a hearing in accordance with Chapter 119. of the Revised Code to determine whether a violation has occurred. If the director determines that a violation has occurred...

Section 905.502 | Written notice of warning.

...e construed to require the director of agriculture to report any findings to the appropriate prosecuting authority for proceedings in the prosecution of, or issue any order or institute any enforcement procedure for, a violation of sections 905.31 to 905.502 of the Revised Code or rules when the director believes that the public interest will be best served by a suitable written notice of warning. A person who ...

Section 905.503 | No local regulation of fertilizers.

...(A) As used in this section: (1) "Political subdivision" means a county, township, or municipal corporation and any other body corporate and politic that is responsible for government activities in a geographic area smaller than that of the state. (2) "Local legislation" includes, but is not limited to, an ordinance, resolution, regulation, rule, motion, or amendment that is enacted or adopted by a political ...

Section 905.51 | Liming material definitions.

...gnated as "official" by the director of agriculture or the director's designee. (N) "Effective neutralizing power" means the neutralizing value of liming material based on the total neutralizing power and fineness that is expressed as a dry weight percentage. (O) "Fineness index" means the percentage by weight of a liming material that will pass designated sieves, calculated to account for particle size distri...

Section 905.52 | Liming material license.

...e to do so issued by the department of agriculture. (B) Each such license expires on the thirty-first day of December of each year and shall be renewed according to the standard renewal procedure of sections 4745.01 to 4745.03 of the Revised Code. (C) Each application for issuance or renewal of such a license shall: (1) Include the name and address of the applicant and the name and address of each bulk distrib...

Section 905.53 | Exemption from license requirement.

...No person shall be required to obtain a license to sell or distribute liming material under section 905.52 of the Revised Code if the manufacturer of the liming material that the person distributes or sells is licensed under division (A) of section 905.52 of the Revised Code.

Section 905.54 | Standards of fineness.

...No person shall sell or distribute any crushed or ground liming material in this state, except the oxide and hydrate forms, unless it is processed to meet the standard of fineness of one of the grades listed in this section and contains all the fines of fracture. (A) "Superfine liming materials" shall be of such degree of fineness that not less than eighty per cent of weight passes a number one hundred United States...