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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.

Ohio Revised Code Search

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Section 905.37 | Statement and reports by director.

...ector 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.

...ous 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 of agriculture in accordance wit...

Section 905.411 | Orders prohibiting use of anhydrous ammonia equipment or system.

...vised 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 of the following have occurred: (A) The director has inspected the anhydrous ammonia equipment or system and has found that the anhydrous ammonia equipment or system complies with rules adopted under division (A) or (B...

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.

...he 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 another form will not impose an economic hardship on manufacturers, distributors, and users of fertilizer by reason of conflicting labe...

Section 905.45 | Refusing, suspending or revoking of registration or license.

...ee, certificate holder, or applicant shall be given an opportunity to appear at an adjudication hearing conducted in accordance with Chapter 119. of the Revised Code. (B) The director, prior to a hearing, may deny, suspend, revoke, refuse to renew, or modify any provision of a fertilizer applicator certificate issued under section 905.321 of the Revised Code and rules if the director has substantial reason to b...

Section 905.46 | Holding fertilizer offered or exposed for sale in violation of law.

...er 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 until sections 905.31 to 905.503 of the Revised Code and rules are complied with and until all costs and expenses incurred in connection with the violation have been paid by the manuf...

Section 905.47 | Condemnation procedures.

....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 order the condemnation of the fertilizer without first giving the manufacturer or distributor an opportunity to reprocess or relabel the fertilizer to bring it into compliance with sections 905.31 to 905.503 of the Revised Code ...

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.

...05.31 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 905.31 to 905.503 of th...

Section 905.50 | Mislabeled fertilizer.

...ctor 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 to the pest...

Section 905.501 | Civil penalties.

...require the violator to pay a civil penalty in accordance with the schedule of civil penalties established in rules. Each day of violation constitutes a separate violation. (B) A person who fails to comply with rules adopted under division (A)(2)(f) of section 905.322 of the Revised Code is not subject to division (A) of this section.

Section 905.502 | Written notice of warning.

...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 will be best served by a suit...

Section 905.503 | No local regulation of fertilizers.

... 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 sub...

Section 905.51 | Liming material definitions.

... 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) Marl and sh...

Section 905.52 | Liming material license.

...05.53 of the Revised Code, no person shall manufacture, 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 renewa...

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 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 905.57 | Prohibition against divulging information secured while employed by the department.

...No person shall willfully divulge any information secured while in the employ of the department of agriculture, with respect to the transactions, property, files, records, or papers of the department, or with respect to the business of any manufacturer, 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 ac...

Section 905.58 | Annual statement of liming material sales.

...(A) The director of agriculture 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.

Section 905.59 | Sampling and analysis.

... agriculture may inspect, sample, and analyze any liming material utilized within the state to such extent as the director considers necessary to determine whether the liming material is in compliance with sections 905.51 to 905.65 of the Revised Code, and the rules adopted under such sections. The director may enter into an agreement with a person that is not a department of agriculture employee that authorizes that...