Ohio Revised Code Search

...(A) Whoever violates section 1345.23 or 1345.24 of the Revised Code is guilty of a minor misdemeanor. (B) Whoever violates division (C) of section 1345.30 or division (D) of section 1345.76 of the Revised Code shall be fined not more than one thousand dollars. (C) Whoever knowingly violates division (E) of section 1345.02 or knowingly violates section 1345.18 of the Revised Code is guilty of a misdemeanor of the th...

...(A) "Adjusted for inflation" means increased in accordance with the formula for inflation adjustment set forth in exhibit C to the Master Settlement Agreement. (B) "Affiliate" means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person. Solely for purposes of this definition, the terms "owns," "is owned" and "ownership" mea...

...Any tobacco product manufacturer selling cigarettes to consumers within the state (whether directly or through a distributor, retailer or similar intermediary or intermediaries) after June 30, 1999 shall do one of the following: (A) Become a participating manufacturer (as that term is defined in section II(jj) of the Master Settlement Agreement) and generally perform its financial obligations under the Master Settle...

...Any information provided to the attorney general by the department of taxation in accordance with division (C)(2) of section 5703.21 of the Revised Code shall not be disclosed publicly by the attorney general except when it is necessary to facilitate compliance with and enforcement of section 1346.01 or 1346.02 of the Revised Code.

...As used in this section and sections 1346.05 to 1346.10 of the Revised Code: (A) "Brand family" means all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors, including, but not limited to, "menthol," "lights," "kings," and "100s." "Brand family" includes cigarettes sold under any brand name (whether that name is used alone or in con...

...(A)(1) Every tobacco product manufacturer whose cigarettes are sold in this state either directly or through a distributor, retailer, or other intermediary shall execute and deliver to the attorney general an annual certification, made under penalty of falsification, stating that, as of the date of the certification, the tobacco manufacturer is either a participating manufacturer or a nonparticipating manufacturer in...

...(A)(1) Any nonresident or foreign nonparticipating manufacturer that has not registered to do business in the state as a foreign corporation or business entity, as a condition precedent to having its brand families included or retained in the directory developed and published by the attorney general under section 1346.05 of the Revised Code, shall appoint, and continually engage without interruption the services of, ...

...(A) Not later than the last day of each month or less frequently if so directed by the tax commissioner, each stamping agent shall submit information for the previous month or for the relevant time period, if directed by the tax commissioner to make the submission less frequently, which the tax commissioner requires to facilitate compliance with sections 1346.05 to 1346.10 of the Revised Code. The information shall i...

...(A) The tax commissioner and the attorney general may adopt administrative rules necessary to implement sections 1346.05 to 1346.10 of the Revised Code. (B) Subject to the requirements of section 1346.05 of the Revised Code, the attorney general may adopt an administrative rule requiring a tobacco product manufacturer to make required escrow deposits in quarterly installments during the year in which the sales cover...

...(A) The attorney general, on behalf of the tax commissioner, may seek an injunction to restrain a threatened or actual violation of division (C)(1) of section 1346.05 of the Revised Code or division (A) or (C) of section 1346.07 of the Revised Code by a stamping agent and to compel the stamping agent to comply with those divisions. (B) In any action brought by the state to enforce sections 1346.05 to 1346.10 of the ...

...(A) In lieu of or in addition to any other remedy provided by law, upon a determination that a stamping agent has violated division (C)(1) of section 1346.05 of the Revised Code or any administrative rule adopted under sections 1346.05 to 1346.10 of the Revised Code, the tax commissioner may revoke the license of the stamping agent in the manner provided by section 5743.18 of the Revised Code. (B) For each violation...

...As used in this chapter, except as otherwise provided: (A) "State agency" means the office of any elected state officer and any agency, board, commission, department, division, or educational institution of the state. (B) "Local agency" means any municipal corporation, school district, special purpose district, or township of the state or any elected officer or board, bureau, commission, department, division, insti...

...(A)(1) Except as provided in division (A)(2) of this section or division (C)(2) of section 1347.08 of the Revised Code, the following are exempt from the provisions of this chapter: (a) Any state or local agency, or part of a state or local agency, that performs as its principal function any activity relating to the enforcement of the criminal laws, including police efforts to prevent, control, or reduce crime or to...

...Every state or local agency that maintains a personal information system shall: (A) Appoint one individual to be directly responsible for the system; (B) Adopt and implement rules that provide for the operation of the system in accordance with the provisions of this chapter that, in the case of state agencies, apply to state agencies or, in the case of local agencies, apply to local agencies; (C) Inform each of it...

...The director of administrative services shall adopt, amend, and rescind rules pursuant to Chapter 119. of the Revised Code for the purposes of administering and enforcing the provisions of this chapter that pertain to state agencies. A state or local agency that, or an officer or employee of a state or local agency who, complies in good faith with a rule applicable to the agency is not subject to criminal prosecutio...

...A state or local agency shall only use the personal information in a personal information system in a manner that is consistent with the purposes of the system.

...(A) No state or local agency shall place personal information in an interconnected or combined system, or use personal information that is placed in an interconnected or combined system by another state or local agency or another organization, unless the interconnected or combined system will contribute to the efficiency of the involved agencies in implementing programs that are authorized by law. (B) No state or lo...

...(A) Every state or local agency that maintains a personal information system, upon the request and the proper identification of any person who is the subject of personal information in the system, shall: (1) Inform the person of the existence of any personal information in the system of which the person is the subject; (2) Except as provided in divisions (C) and (E)(2) of this section, permit the person, the pe...

...(A)(1) If any person disputes the accuracy, relevance, timeliness, or completeness of personal information that pertains to him and that is maintained by any state or local agency in a personal information system, he may request the agency to investigate the current status of the information. The agency shall, within a reasonable time after, but not later than ninety days after, receiving the request from the disputa...

...(A) A person who is harmed by the use of personal information that relates to him and that is maintained in a personal information system may recover damages in a civil action from any person who directly and proximately caused the harm by doing any of the following: (1) Intentionally maintaining personal information that he knows, or has reason to know, is inaccurate, irrelevant, no longer timely, or incomplete and...

...(A) As used in this section: (1) "Agency of a political subdivision" means each organized body, office, or agency established by a political subdivision for the exercise of any function of the political subdivision, except that "agency of a political subdivision" does not include an agency that is a covered entity as defined in 45 C.F.R. 160.103, as amended. (2)(a) "Breach of the security of the system" means unaut...

...(A) As used in this section: (1) "Confidential personal information" means personal information that is not a public record for purposes of section 149.43 of the Revised Code. (2) "State agency" does not include the courts or any judicial agency, any state-assisted institution of higher education, or any local agency. (B) Each state agency shall adopt rules under Chapter 119. of the Revised Code regulating ...

...(A) No public official, public employee, or other person who maintains, or is employed by a person who maintains, a personal information system for a state or local agency shall purposely refuse to comply with division (E), (F), (G), or (H) of section 1347.05, section 1347.071, division (A), (B), or (C) of section 1347.08, or division (A) or (C) of section 1347.09 of the Revised Code. Whoever violates this sect...

...(A) As used in this section: (1) "Consumer reporting agency" has the same meaning as in the "Fair Credit Reporting Act," 84 Stat. 1128, 15 U.S.C.A. 1681a. (2) "Court" means the division of the court of common pleas having jurisdiction over actions for divorce, annulment, dissolution of marriage, legal separation, child support, or spousal support. (3) "Health insurance coverage" means hospital, surgical, or medica...

...(A) As used in this section: (1) "Active duty" means active duty pursuant to an executive order of the president of the United States, an act of the congress of the United States, or section 5919.29 or 5923.21 of the Revised Code. (2) "Motor vehicle" means any automobile, car minivan, passenger van, sport utility vehicle, pickup truck, or other self-propelled vehicle not operated or driven on fixed rails or track. ...

...are standards board and the director of agriculture by this chapter does not detract from or expand the authority or obligations of county humane societies or county officials under Chapter 1717. of the Revised Code.

...are standards board and the director of agriculture by this chapter does not apply to food processing production activity that is regulated by the department of agriculture under Title IX of the Revised Code.

...The Ohio livestock care standards board shall not create a statewide animal identification system.

...s definition by rule of the director of agriculture. (E) "Active ingredient" means any ingredient from which an agricultural additive derives all or part of its value or effectiveness and that is defined in the current edition of Merck's Chemical Index or recorded in Chemical Abstracts. (F) "Inert ingredient" means an ingredient that is not active.

...the manufacturer with the department of agriculture. Registration of an agricultural additive does not constitute a warranty by the department or the state.

...e 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 that can be expected when the additive is used as directed; (6) Evidence that the additive has been tested for efficacy in the laboratory and in the fiel...

...tion number provided by the director of agriculture. The information on the label shall correspond to the information included in the application for registration required under sections 905.02 and 905.03 of the Revised Code. The information on the label constitutes an express warranty of the results or effects shown on the label when used as directed.

...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.

...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...

...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. ...

...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...

...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...

...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.

...No person shall falsely represent that an agricultural additive: (A) Can be used in lieu of another product or products, 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...

...bed by rules adopted by the director of agriculture. (G) "Label" means any written or printed matter on the package or tag attached to it or on the pertinent delivery and billing invoice. (H) "Manufacture" means to process, granulate, blend, mix, or alter the composition of fertilizers for distribution. (I) "Mixed fertilizer" means any combination or mixture of fertilizer designed for use, or claimed to have va...

...r or distributor from the department of agriculture upon payment of a fifty-dollar fee: (1) For each fixed (permanent) location at which fertilizer is manufactured in this state; (2) For each mobile unit used to manufacture fertilizer in this state; (3) For each location out of the state from which fertilizer is distributed into this state; (4) For each location in this state from which fertilizer is distrib...

...n 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 certified to apply fertilizer for purposes of agricultural production in accordance with rules. A person that has been so certified shall comply with requirements and procedures establish...

...(A) The director of agriculture shall adopt rules in accordance with Chapter 119. of the Revised Code that do all of the following: (1) Create a fertilizer applicator certification program pursuant to section 905.321 of the Revised Code that does all of the following: (a) Educates an applicant for certification on the time, place, form, amount, handling, and application of fertilizer; (b) Serves as a compone...

... conservation district, the director of agriculture, or the director's designee to approve the plan. The supervisors, director, or director's designee shall approve or disapprove the plan. (B) If a voluntary nutrient management plan is disapproved under this section, the person who developed the plan or had it developed may request an adjudication hearing in accordance with Chapter 119. of the Revised Code. (C) A p...

...on (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 or contained in a voluntary nutr...

...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 ...

...(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...

...(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...

... or distributor with the department of agriculture. An application, in duplicate, for each brand and product name of each grade of specialty fertilizer shall be made on a form furnished by the director of agriculture and shall be accompanied with a fee of fifty dollars for each brand and product name of each grade. Labels for each brand and product name of each grade shall accompany the application. Upon the ap...

...r blender license from the director of agriculture. A license issued under this section shall be valid from the first day of December of a calendar year through the thirtieth day of November of the following calendar year. A renewal application for a nonagricultural production custom mixed fertilizer blender license shall be submitted to the director no later than the thirtieth day of November each year and s...