Ohio Revised Code Search
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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... |
Section 303.48 | Validity or enforcement of bond.
...In any suit, action, or proceeding involving the validity or enforcement of any bond issued under any of the provisions of sections 303.26 to 303.56, inclusive, of the Revised Code, or the security therefor, any such bond reciting in substance that it has been issued by the county in connection with county renewal project of such county shall be considered to have been issued for such purpose, and such project shall ... |
Section 303.49 | Bond interest and income exempted from taxes.
...Bonds issued under any of the provisions of sections 303.26 to 303.56, inclusive, of the Revised Code, are declared to be issued for an essential public and governmental purpose and, together with interest thereon and income therefrom, shall be exempted from all taxes. |
Section 303.50 | Bonds are lawful investments.
...All banks, trust companies, bankers, savings banks, and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking or investment business; all insurance companies, insurance associations, and other persons carrying on an insurance business; and all executors, administrators, curators, trustees, and other fiduciaries, may legally invest an... |
Section 303.51 | Property exempt from levy and sale by virtue of execution.
...All property of a county, including funds owned or held by it for the purposes of sections 303.26 to 303.56, inclusive, of the Revised Code, shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same, nor shall judgment against a county be a charge or lien upon such property. The provisions of this section shall not apply to or limit the right... |
Section 303.52 | Property exempt from taxation.
...The property of a county, acquired or held for the purposes of sections 303.26 to 303.56, inclusive, of the Revised Code, is declared to be public property used for essential public and governmental purposes and such property shall be exempt from all taxes of the county, any municipality, the state, or any political subdivision thereof. The tax exemption provided for in this section shall terminate when the county se... |
Section 303.53 | Transfer of property to county.
...Any public body, for the purpose of aiding in the planning, undertaking, or carrying out of a county renewal project located within an area in which such public body is authorized to act, may, upon such terms, with or without consideration as it may determine: dedicate, sell, convey, or lease any of such public body's interest in any property or grant easements, licenses, or other rights or privileges therein to a co... |
Section 303.54 | Presumption of compliance.
...Any instrument executed by a county respecting a county renewal project thereof and purporting to convey any right, title, or interest in any property under sections 303.26 to 303.56, inclusive, of the Revised Code, shall be conclusively presumed to have been executed in compliance with the applicable provisions of said sections insofar as title or other interest of any bona fide purchasers, lessees, or transferees o... |
Section 303.55 | Establishing and maintaining records and funds.
...Any board of county commissioners, in carrying out its operations and activities under sections 303.26 to 303.56, inclusive, of the Revised Code, with respect to any county renewal project or projects, may set up, establish, and maintain, for and on behalf of the county or any affected office, department, board, or commission thereof, such books, records, budgets, and accounts, and such general, separate, special, or... |
Section 303.56 | Rules and regulations.
...Any county availing itself of any of the provisions of sections 303.26 to 303.56, inclusive, of the Revised Code, in order to fully effectuate the purposes and objectives of said sections in respect of any planning or project activities thereunder by such county, may, by its board of county commissioners, prescribe such reasonable rules and regulations not inconsistent with said sections, as such board of county comm... |
Section 303.57 | County wind and solar generation restriction definitions.
...As used in this section and sections 303.58 to 303.62 of the Revised Code: (A) "Economically significant wind farm" has the same meaning as in section 4906.13 of the Revised Code. (B) "Large wind farm" and "large solar facility" have the same meanings as in section 4906.01 of the Revised Code. (C)(1) "Material amendment" means an amendment to an existing power siting board certificate for the construction, ope... |
Section 303.58 | Restricted area resolution by county commissioners.
...(A) The board of county commissioners may adopt a resolution designating all or part of the unincorporated area of a county as a restricted area, prohibiting the construction of any or all of the following: (1) An economically significant wind farm; (2) A large wind farm; (3) A large solar facility. (B) A resolution described in division (A) of this section may designate one or more restricted areas and shall... |
Section 303.59 | Restricted area resolution effective date; referendum.
...A resolution designating a restricted area prohibiting the construction of utility facilities, if adopted by the board of county commissioners, becomes effective thirty days after the date of its adoption, unless, within thirty days after the adoption, there is presented to the board of county commissioners a petition, signed by a number of registered electors residing in the county equal to not less than eight per c... |
Section 303.60 | Power siting board certificate or amendment prohibited in restricted area.
...If a resolution described in this section is adopted and becomes effective under sections 303.58 and 303.59 of the Revised Code, no person shall file, and the power siting board shall not accept, an application for a certificate, or a material amendment to an existing certificate, to construct, operate, or maintain a utility facility in a restricted area where the construction of such a utility facility is prohibited... |
Section 303.61 | Public meeting before power siting board application for certificate or amendment.
...(A) At least ninety days, but not more than three hundred days, prior to applying for a certificate from the power siting board, or a material amendment to an existing certificate, for a utility facility, to be located in whole or in part in the unincorporated area of a county, the person intending to apply shall hold a public meeting in each county where the utility facility is to be located. (B) The applicant sh... |
Section 303.62 | County commissioner prohibition or limitation resolution after public meeting.
...(A) Not later than ninety days after the public meeting described in section 303.61 of the Revised Code regarding an application for a certificate, or a material amendment to an existing certificate, for a utility facility, the board of county commissioners may adopt a resolution that does either of the following: (1) Prohibits the construction of the utility facility that is the subject of the certificate; (2)... |
Section 303.65 | Claim preclusion and zoning appeals.
...A final judgment on the merits issued by a court of competent jurisdiction pursuant to its power of review under Chapter 2506. of the Revised Code, on claims brought under this chapter, does not preclude later claims for damages, including claims brought under 42 U.S.C. 1983, even if the common law doctrine of res judicata would otherwise bar the claim. The general assembly intends that this section be construed to... |
Section 303.99 | Penalty.
...Whoever violates sections 303.01 to 303.25 of the Revised Code shall be fined not more than five hundred dollars for each offense. |
Section 519.02 | Board of township trustees may regulate location, size and use of buildings and lands in unincorporated territory.
... interest of public health or safety. A zoning resolution authorized under this section shall provide for the activities that are permitted and regulated under Chapter 1514. of the Revised Code, and any related processing activities, as either a permitted use or a conditional use through the board of zoning appeals in any district or zone when such activities are to be added to an existing permit issued under Chapter... |
Section 519.021 | Planned-unit development regulations.
...A township zoning resolution or amendment adopted in accordance with this chapter may establish or modify planned-unit developments. Planned-unit development regulations shall apply to property only at the election of the property owner and shall include standards to be used by the board of township trustees or, if the board so chooses, by the township zoning commission, in determining whether to approve or disappro... |
Section 519.022 | Prior planned-unit development regulations.
...r final form, under the provisions of a zoning resolution adopted prior to the effective date of this section, if otherwise lawful had they originated on that date, shall be deemed to have been lawful from their origin and the developments shall continue to be governed by regulations in effect at the time of approval, or as modified. |
Section 519.03 | Adoption of resolution of intention to proceed with township zoning.
...p or part thereof to be included in the zoning plan equal to not less than eight per cent of the total vote cast for all candidates for governor in such area at the most recent general election at which a governor was elected, requesting the board to proceed with township zoning under such sections. |
Section 519.04 | Township zoning commission.
..., shall create and establish a township zoning commission. The commission shall be composed of five members who reside in the unincorporated area of the township, to be appointed by the board. The board of township trustees may appoint two alternate members to the township zoning commission, for terms to be determined by the board of township trustees. An alternate member shall take the place of an absent regular mem... |
Section 519.05 | Recommendations of zoning plan by commission - powers and duties of commission.
...The township rural zoning commission shall submit a plan, including both text and maps, representing the recommendations of the zoning commission for the carrying out by the board of township trustees of the powers, purposes, and provisions set forth in sections 519.01 to 519.99, inclusive, of the Revised Code, including additions to territory in which a township zoning plan is in effect. The zoning commission may, ... |
Section 519.06 | Public hearings on recommendations - notice.
...ore certifying its recommendations of a zoning plan to the board of township trustees, the township zoning commission shall hold at least one public hearing, notice of which shall be given by one publication at least thirty days before the date of such hearing, using at least one of the following methods: (A) In the print or digital edition of one or more newspapers of general circulation in the township; (B) On ... |
Section 519.07 | Proposed zoning resolution to county or regional planning commission; approval; public hearing if resolution disapproved; certification to township trustees; applicability.
...519.06 of the Revised Code the township zoning commission shall submit the proposed zoning resolution, including text and maps, to the county or regional planning commission of the county or district in which the township is located, if there is such a commission, for approval, disapproval, or suggestions. The approval of the planning commission shall be conclusively presumed unless, within twenty days after receivi... |