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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.

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Section 905.01 | Agricultural additive definitions.

... but excludes fertilizers, agricultural liming materials, pesticides, fertilizer pesticide mixtures, rhizobial inoculants, peat, peat moss, pine bark, gypsum, perlite, sand, unmanipulated animal or vegetable manures, mulches, and any other substances or mixtures that are excluded from this definition by rule of the director of agriculture. (E) "Active ingredient" means any ingredient from which an agricultural addit...

Section 905.02 | Selling or exchanging unregistered agricultural additive.

...No distributor or manufacturer shall sell, exchange, offer for sale or exchange, or distribute for sale or exchange in this state any agricultural additive unless it has been registered by 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.

...(A) Each application for registration of an agricultural additive shall be accompanied by a registration fee of fifty dollars. Application shall be made 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 tha...

Section 905.04 | Label information.

...No person shall sell, exchange, offer for sale or exchange, or distribute for sale or exchange in this state any agricultural additive unless its container is conspicuously labeled with the following information: (A) The additive's brand name; (B) Its purpose or proposed use; (C) The net weight of the contents of the container; (D) Directions for the additive's use; (E) The results or effects that can be expecte...

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.

... 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 useful when used in conjunction with a specific crop; (E) Has sponsorship or approval that it does not; (F) Has been t...

Section 905.31 | Fertilizer definitions.

...tilizers. "Fertilizer" does not include lime, limestone, marl, unground bone, water, residual farm products, and animal and vegetable manures unless mixed with fertilizer materials or distributed with a guaranteed analysis. (E) "Grade" means the percentages of total nitrogen, available phosphorus or available phosphate (P2O5), and soluble potassium or soluble potash (K2O) stated in the same terms, order, and percen...

Section 905.32 | Application for license.

...ited to the pesticide, fertilizer, and lime program fund created in section 921.22 of the Revised Code.

Section 905.321 | Certification required.

...(A) Beginning September thirtieth of the third year after August 21, 2014, no person shall apply fertilizer for the purposes of agricultural production unless that person has been 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 certifie...

Section 905.322 | Rules and regulations regarding fertilizer application.

... that is certified, including, but not limited to, the date of application of fertilizer, the place of application of fertilizer, the rate of application of fertilizer, an analysis of the fertilizer, and the name of the person applying the fertilizer. The rules shall stipulate that the records shall be maintained for not more than three years from the date of the fertilizer application and shall not be require...

Section 905.323 | Voluntary nutrient management plans.

...(A)(1) A person who owns or operates agricultural land may do any of the following: (a) Develop a voluntary nutrient management plan; (b) Request any person to develop a voluntary nutrient management plan on behalf of the person who owns or operates the agricultural land; (c) Request the supervisors of the applicable soil and water conservation district organized in accordance with Chapter 940. of the Revised Code...

Section 905.324 | Confidentiality.

...(A) Except as provided in division (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 ...

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.

...ited to the pesticide, fertilizer, and lime program fund created in section 921.22 of the Revised Code.

Section 905.331 | Nonagricultural production custom mixed fertilizer blender license.

...ited to the pesticide, fertilizer, and lime program fund created in section 921.22 of the Revised Code.

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.

...(A) No person shall distribute in this state any type of fertilizer in packages unless the packages have placed on or affixed to them in legibly written or printed form the following: (1) Net weight of the contents; (2) Brand and product name; (3) Name and address of the manufacturer or distributor that appears on the license or registration; (4) Grade expressed in whole numbers only for all mixed fertilizers exc...

Section 905.36 | Inspection fees - annual statement of tonnage.

...ited to the pesticide, fertilizer, and lime program fund created in section 921.22 of the Revised Code.