Ohio Revised Code Search

...bility of owners or operators of animal feeding facilities or other agricultural enterprises to receive moneys from the water pollution control loan fund established under section 6111.036 of the Revised Code and the nonpoint source pollution management fund established under section 6111.037 of the Revised Code. The director of agriculture shall provide the director of environmental protection with written recommen...

...(A) The director of agriculture or the director's authorized representative at reasonable times may enter on any public or private property, real or personal, to make investigations and inspections, including the sampling of discharges and the inspection of discharge monitoring equipment, or to otherwise execute duties that are necessary for the administration and enforcement of this chapter. The director or the dire...

...ties conducted at a concentrated animal feeding facility, it is an affirmative defense if the person owning, operating, or otherwise responsible for the concentrated animal feeding facility is in compliance with best management practices established in the installation permit or permit to operate issued for the concentrated animal feeding facility and the agricultural activities do not violate federal, state, and loc...

...ties conducted at a concentrated animal feeding facility, the parties to the dispute shall submit the dispute to an arbitrator for nonbinding arbitration. The parties shall pay the arbitrator a reasonable compensation based on the extent and duration of actual service rendered. The cost of the arbitrator's services shall be divided proportionately among the parties. If the decision reached by the arbitrator is not a...

...culture regarding a concentrated animal feeding facility or the discharge of a pollutant from an animal feeding operation. The complaint may be made orally or in writing. If the complaint is made in writing, it shall be signed by the person making it and dated. (B) After receiving a written, signed, and dated complaint, the director shall, or after receiving an oral complaint the director may, cause an inves...

...stitutes a separate violation. (C) The attorney general, upon the written request of the director, shall bring an action for an injunction in any court of competent jurisdiction against any person violating or threatening to violate section 903.02 or 903.03 or division (A) of section 903.07 of the Revised Code; the terms and conditions of a permit to install or permit to operate, including the requirements establish...

... orders under this section. (D)(1) The attorney general, upon the written request of the director, shall bring an action for an injunction in any court of competent jurisdiction against any person violating or threatening to violate section 903.08 of the Revised Code, the terms and conditions of a NPDES permit, the NPDES provisions of a permit to operate, rules adopted under division (E) of section 903.10 of the Rev...

...arge. Upon request of the director, the attorney general shall bring a civil action against the responsible person or persons to recover those costs. Moneys recovered under this division shall be paid into the state treasury to the credit of the livestock management fund.

...irector of agriculture from application fees under sections 903.02, 903.03, 903.07, and 903.08 of the Revised Code, all money collected from civil penalties under sections 903.16 and 903.17 of the Revised Code, and all money collected under division (B) of section 903.18 of the Revised Code shall be deposited in the livestock management fund, which is hereby created in the state treasury. Money credited to the fund s...

... hereby created the concentrated animal feeding facility advisory committee consisting of the directors of agriculture, development, environmental protection, and natural resources and the dean of the college of food, agricultural, and environmental sciences of the Ohio state university, or their designees, as members ex officio, and sixteen members to be appointed by the director of agriculture. Of the appointed mem...

...An owner or operator of an animal feeding facility who holds a permit to install, a permit to operate, or a NPDES permit or who is operating under an operation and management plan, as defined in section 939.01 of the Revised Code, developed or approved by the director of agriculture under section 939.02 of the Revised Code or by the supervisors of the appropriate soil and water conservation district under section 940...

...under those sections or rules. (C) The attorney general, upon the written request of the director, shall prosecute any person who violates division (A) or (B) of this section.

...ure obtained from a concentrated animal feeding facility issued a permit under this chapter unless one of the following applies: (1) The person has been issued a livestock manager certification under section 903.07 of the Revised Code. (2) The person has been certified under this section to apply the manure by the director of agriculture. (B) The director shall issue, renew, and deny certifications for the purpose...

...(A) Whoever negligently violates division (A) of section 903.30 of the Revised Code shall be fined not more than ten thousand dollars or imprisoned for not more than ninety days, or both. Each day of violation constitutes a separate offense. For purposes of this division, notwithstanding division (D) of section 2901.22 of the Revised Code, a person acts negligently when, because of a lapse from due care, the pe...

..., other than a human. (B) "Commercial feed" or "feed" means all materials, except unmixed whole seeds or physically altered entire unmixed seeds, that are not adulterated and that are distributed for use as feed or for mixing in feed for animals. "Commercial feed" or "feed" does not include drugs that are not incorporated into feed and that are not distributed to be mixed in feed. "Commercial feed" and "feed" also ...

...The director of agriculture may adopt rules in accordance with Chapter 119. of the Revised Code to exempt both of the following from sections 923.41 to 923.55 of the Revised Code: (A) Agricultural commodities, including hay, straw, stover, silage, cobs, husks, and hulls, when those commodities are not mixed with other materials; (B) Individual chemical compounds or substances when those compounds or substance...

...) No person who manufactures commercial feed or customer-formula feed, or whose name appears on the label of any commercial feed or customer-formula feed as a distributor shall distribute in this state any type of commercial feed unless the person is registered in accordance with this section. A manufacturer and distributor shall annually register, on a form prescribed by the director of agriculture, and pay a regi...

... of this section for a customer-formula feed, a commercial feed distributed in this state shall be labeled with the following information: (1) Net weight of contents, which may be stated in metric units in addition to avoirdupois weight; (2) Product name, and brand name if any, under which the feed is distributed; (3) Name and principal address of the manufacturer or distributor; (4) Guaranteed analysis of th...

..., the first distributor of a commercial feed shall pay the director of agriculture an annual inspection fee at the rate of twenty-five cents per ton on all commercial feeds distributed by the first distributor in this state. The department of agriculture shall not collect inspection fees on the first two hundred tons of commercial feed sold in a calendar year. (2) The annual inspection fee required under division (...

...ation concerning the sale of commercial feed, including any production and use data the director considers advisable, provided that the data does not disclose the operation of any manufacturer or distributor; (B) A comparison of the analyses of official samples of commercial feeds distributed in this state with the guaranteed analyses on the label.

...The commercial feed and seed fund is hereby created in the state treasury. The fund shall consist of money credited to it under this chapter and Chapter 907. of the Revised Code. The director shall keep accurate records of all receipts into and disbursements from the fund and shall prepare, and provide upon request, an annual report classifying the receipts and disbursements that pertain to commercial feed or...

...ouse, or establishment where commercial feeds are manufactured, processed, packed, or held for distribution or any vehicle used to transport or hold feeds in order to inspect within a reasonable time and manner the factory, warehouse, establishment, vehicle, and any equipment, finished and unfinished materials, containers, and labeling. The inspection may include verification of only such records and production and c...

...(A) A commercial feed, or an agricultural commodity such as whole seed, hay, straw, stover, silage, cobs, husks, or hulls, is adulterated if any of the following occur: (1) It bears or contains any poisonous or deleterious substance that may render it injurious to animal or human health, except that when the substance is not an added substance, the feed or agricultural commodity is not adulterated if the quantity o...

...A commercial feed is misbranded if any of the following occur: (A) The labeling is false or misleading in any particular; (B) It is distributed under the product or brand name of another commercial feed; (C) It does not meet the label requirements of section 923.43 of the Revised Code or any rule adopted under that section; (D) It purports to be or is represented as a commercial feed or it purports to contain or ...

...adopt: (1) The official definitions of feed ingredients and official feed terms adopted and published by the association of American feed control officials; (2) Rules promulgated pursuant to the federal act.