Ohio Revised Code Search
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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.
...(A) A storage facility for anhydrous ammonia that is used for agricultural purposes shall be designed and constructed in accordance with rules. On and after September 10, 2012, no person shall construct a storage facility for anhydrous ammonia that is used for agricultural purposes without applying for and receiving approval of the design of the facility and approval to construct the facility from the director ... |
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.
...(A) No person shall distribute mislabeled fertilizer. A fertilizer is mislabeled if any false or misleading statement appears on or is attached to the container or on the pertinent invoice or delivery ticket, if false or misleading statements appear in any advertising material, or if the fertilizer is not uniformly mixed. (B) No person shall sell, offer, or expose for sale less than the quantity of fertilizer that t... |
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.
...Any lot of fertilizer not in compliance with sections 905.31 to 905.503 of the Revised Code or any rule is subject to 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 th... |
Section 905.48 | Injunctions.
...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 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.
...ited to the pesticide, fertilizer, and lime program fund created under section 921.22 of the Revised Code. The amount of the penalty shall be calculated in accordance with either division (A) or (B) of this section, whichever method of calculation yields the largest amount. (A)(1) A penalty required to be paid under this section may be calculated as follows: (a) Five dollars for each percentage point of total... |
Section 905.501 | Civil penalties.
...(A) Except as provided in division (B) of 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... |
Section 905.502 | Written notice of warning.
...Nothing in sections 905.31 to 905.502 of the Revised Code or rules shall be 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 ... |
Section 905.503 | No local regulation of fertilizers.
...Local legislation" includes, but is not limited to, an ordinance, resolution, regulation, rule, motion, or amendment that is enacted or adopted by a political subdivision. (B)(1) No political subdivision shall regulate the registration, packaging, labeling, sale, storage, distribution, use, or application of fertilizer, or require a person licensed or registered under sections 905.31 to 905.99 of the Revised Co... |
Section 905.51 | Liming material definitions.
... to 905.65 of the Revised Code: (A) "Liming material" means all materials, the calcium and magnesium content of which is used to neutralize soil acidity, and includes the oxide, hydrate, carbonate, and silicate forms, as defined by rule, or combinations of those forms. "Liming material" includes materials such as the following: (1) Limestone; (2) Hydrated lime; (3) Burnt lime; (4) Industrial by-product; (5... |
Section 905.52 | Liming material license.
...ure, sell, or distribute in this state liming material without a license 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 an... |
Section 905.53 | Exemption from license requirement.
... 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.
...ell 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 standard sieve, ... |
Section 905.55 | Label information.
...(A) No person shall distribute or sell liming material in packages that do not bear a label in legibly written or printed form that includes the following: (1) Net weight of contents in pounds as determined by a sealed weighing device; (2) Product name and type of liming material, which shall include the grade as defined in section 905.54 of the Revised Code, for all except the oxide and hydrate forms; (3) Name an... |
Section 905.56 | [Repealed effective 9/30/2025 by H.B. 96, 136th General Assembly] Annual tonnage report - inspection fee.
...that includes the number of net tons of liming material sold or distributed to a non-licensee in this state, by county, by oxide and hydrate forms, and by grade as defined in section 905.54 of the Revised Code, within forty days after the thirty-first day of December of each calendar year. The inspection fee at the rate stated in division (B) of this section shall accompany this report. (B) Each licensee who s... |
Section 905.57 | Confidentiality of information.
... seller, or distributor of agricultural liming material to any person other than the director or the superior of such employee, or when called upon to testify in an action or proceeding to which the director is a party. |
Section 905.58 | Annual statement of liming material sales.
...re shall prepare an annual statement of liming material sales, by county and by grade, as defined in section 905.54 of the Revised Code, in a manner prescribed by the director. (B) The director shall publish an annual report of the director's analysis of liming material that the director has inspected. |