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Ohio Revised Code Search

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Section 905.62 | Revocation and suspension of license or refusal to license.

...The director of agriculture may revoke any license, suspend any license, or refuse to license any applicant for a violation of sections 905.51 to 905.65, inclusive, of the Revised Code or any regulations promulgated under such sections.

Section 905.63 | Order to hold material.

...(A) The director of agriculture may order the owner or custodian of any lot of liming material to hold it at a designated place when the director has found the liming material to have been offered or exposed for sale in violation of sections 905.51 to 905.65 of the Revised Code or any rule adopted thereunder. (B) Such liming material shall be held until the director releases it in writing. A release shall not be iss...

Section 905.64 | Condemnation order.

...Any lot of liming material not in compliance with sections 905.51 to 905.65 of the Revised Code, or any rules adopted under those sections, is subject to seizure on the complaint of the director of agriculture to a court of competent jurisdiction in the county in which the liming material is located. If the court finds that the liming material is in violation of sections 905.51 to 905.65 of the Revised Code or any ru...

Section 905.65 | Injunction.

...In addition to the remedies provided and irrespective of whether or not there exists any adequate remedy at law, the director of agriculture may apply to the court of common pleas in the county wherein sections 905.51 to 905.65, inclusive, of the Revised Code are being violated for a temporary or permanent injunction restraining any person from such violation.

Section 905.99 | Penalty.

...(A) Except as provided in division (B) of this section, whoever violates this chapter or rules adopted under it is guilty of a misdemeanor of the third degree on a first offense, a misdemeanor of the second degree on a second offense, and a misdemeanor of the first degree on a third or subsequent offense. (B) A person who fails to comply with rules adopted under division (A)(2)(f) of section 905.322 of the Rev...

Section 907.01 | Agricultural seed certification and labeling definitions.

...As used in sections 907.01 to 907.17 of the Revised Code: (A) "Advertisement" means any representation, other than that on a label, disseminated in any manner or by any means. (B) "Agricultural seed" means the seed of grass, native grass, forage, cereal, field and fiber crops, any other kinds of seed commonly recognized in this state as agricultural or field seed, lawn seed, and mixtures or blends of such seed. ...

Section 907.02 | Certification by Ohio seed improvement association.

...(A) The Ohio seed improvement association shall certify for Ohio agricultural, vegetable, or flower seed, tubers for seeding purposes, or plants for varietal identification or for other factors. (B) No person shall use, orally or in writing, alone or with other words, "certified," "registered," "foundation," or any other term that suggests that the seed, tubers for seeding purposes, or plants have been certified unl...

Section 907.03 | Label requirements for containers of agricultural or vegetable seed.

...(A) Each container of agricultural, vegetable, or flower seed that is sold for sowing purposes shall bear on it or have attached to it in a conspicuous place a label plainly written or printed in the English language giving the following information: (1) For agricultural seed that is sold on a pure live seed basis or any other basis: (a) The commonly accepted name of the kind, or kind and variety, of each agricult...

Section 907.04 | Record maintenance.

...(A) Any person who holds a valid seed labeler permit issued under section 907.13 of the Revised Code and who sells agricultural, vegetable, or flower seed shall, for a period of eighteen months from the date of the final sale or other final disposition made, keep complete records of each lot of agricultural, vegetable, or flower seed that the person sells. If purchases are made from persons who keep records available...

Section 907.05 | Seed subject to labeling and inspection fee requirements.

...All of the seed of grass, forage, cereal, and fiber crops sold by variety name or as processed or tested is subject to the labelling and inspection fee requirements of sections 907.01 to 907.17 of the Revised Code.

Section 907.06 | Words prohibited which imply state guarantees.

..."State tested" or "state" or the name of the department of agriculture or the state seed laboratory shall not be used in connection with the analysis or test of any seed on any seed label, price list, or literature or in any other way which gives the impression that the state guarantees the analysis or assumes responsibility for the quality of the seed.

Section 907.07 | Labeling and inspection fee requirements.

...No person shall sell any agricultural, vegetable, or flower seed: (A) Unless the test used to determine the information concerning the seed's percentage of germination that is required by section 907.03 of the Revised Code to appear on the label of the seed has been completed within: (1) A twelve-month period prior to sale, exclusive of the calendar month in which the test was completed, if the seed is not in herme...

Section 907.08 | Labeling, advertising, handling and sales restrictions.

...No person shall do any of the following: (A) Detach, alter, deface, conceal, or destroy any label required by sections 907.01 to 907.17 of the Revised Code or the rules adopted under them, or alter or substitute seed in a manner that may defeat the purposes of those sections; (B) Disseminate, with the intention of inducing a sale, any false or misleading claim or advertisement concerning the vigor, vitality, growth...

Section 907.081 | Advertising claims.

...Any person who disseminates, with the intention of inducing a sale, any advertisement or makes any claim concerning the vigor, vitality, growth, yield capability, or any other quality or performance characteristic of any agricultural, vegetable, or flower seed shall maintain complete and accurate records of the tests used to determine the characteristic and of the results of the tests and shall submit the records to...

Section 907.09 | Exceptions.

...(A) Sections 907.03, 907.07, and 907.08 of the Revised Code do not apply to: (1) Agricultural, vegetable, or flower seed not intended for sowing purposes; (2) Unprocessed agricultural, vegetable, or flower seed in storage or being transported to or consigned to a seed processing establishment, provided that the label accompanying a shipment of the seed shall bear the statement "seed for processing" and provided f...

Section 907.10 | Enforcement - inspection and analysis of seed.

...The director of agriculture shall do all of the following: (A) Sample, inspect, analyze, and test agricultural, vegetable, and flower seed sold for sowing purposes, at such times and places and to such extent as the director regards necessary to determine whether the seed complies with sections 907.01 to 907.17 of the Revised Code and notify promptly the person who sold the seed of any violation; (B) Adopt rules in...

Section 907.11 | Enforcement powers of director.

...The director of agriculture or the director's authorized agent may: (A) Enter any public or private place of business during regular business hours in order to gain access to any seed or records subject to sections 907.01 to 907.17 of the Revised Code or the rules and regulations adopted thereunder; (B) In conformity with sections 907.01 to 907.17 of the Revised Code and the rules and regulations adopted thereund...

Section 907.111 | Sole authority of department to regulate seed within state.

...(A) The department of agriculture has sole and exclusive authority to regulate the registration, labeling, sale, storage, transportation, distribution, notification of use, use, and planting of seed within the state. The regulation of seed is a matter of general statewide interest that requires uniform statewide regulation, and this chapter and rules adopted under it constitute a comprehensive plan with respect...

Section 907.12 | Seed subject to seizure - disposition.

...Any lot of agricultural, vegetable, or flower seed not in compliance with sections 907.01 to 907.17 of the Revised Code shall be subject to seizure on complaint of the director of agriculture to a court of competent jurisdiction in the locality in which the seed is located. If the court orders the condemnation of the seed, the seed shall be denatured, destroyed, or otherwise disposed of in compliance with the laws of...

Section 907.13 | Seed inspection fee tags or labels.

...No person shall label agricultural, vegetable, or flower seed that is intended for sale in this state unless the person holds a valid seed labeler permit that has been issued by the director of agriculture in accordance with this section. A person who wishes to obtain a seed labeler permit shall file an application with the director on a form that the director provides and shall submit a permit fee in the amou...

Section 907.14 | Report of seed sales.

...(A) A person who holds a valid seed labeler permit issued under section 907.13 of the Revised Code shall report to the director of agriculture concerning the amount of seed that the person sells in this state. The report shall be made semiannually on a form that the director prescribes and provides. One semiannual report shall be filed with the director prior to the first day of February of each year with respe...

Section 907.15 | Suspension, revocation, or refusal to issue permit to label seed.

...The director of agriculture may suspend, revoke, or refuse to issue a permit to label seed for any violation of sections 907.01 to 907.17 of the Revised Code. No permit to label seed shall be suspended or revoked except for failure to pay either the fee or penalty provided in section 907.14 of the Revised Code until the permit holder has been given a hearing by the director in regard to the proposed suspension or re...

Section 907.17 | Jurisdiction.

...Whenever the director of agriculture finds that any person has violated sections 907.01 to 907.17 of the Revised Code, he may institute proceedings in a court of competent jurisdiction in the county in which the alleged violation occurred, or he may file the necessary evidence with the attorney general or with the prosecuting attorney of the county where the alleged violation occurred. The attorney general or the pro...

Section 907.27 | Inoculants and inoculant treated seed definitions.

...As used in sections 907.27 to 907.35, inclusive, of the Revised Code: (A) "Person" includes any individual, firm, partnership, corporation, company, society, or association. (B) "Distribute" means to offer for sale, hold for sale, sell, barter, or otherwise supply legume inoculants or pre-inoculated seed. (C) "Legume inoculant" means a pure or mixed culture of bacteria of the genus rhizobium capable of effec...

Section 907.28 | Registration of brand of legume inoculants.

...No person shall manufacture or distribute any type of legume inoculant or pre-inoculated seeds in this state until the person has registered the brand of the legume inoculant with the director of agriculture. Applications for registration shall be made on forms obtainable from the director and shall be accompanied by the fee prescribed in section 907.31 of the Revised Code. A copy of each label used with each brand s...