Ohio Revised Code Search

...director of agriculture; (B) Act as a commercial applicator without being licensed to do so; (C) Use any restricted use pesticide, unless the person is one of the following: (1) Licensed to do so under this chapter; (2) A trained serviceperson who is trained in accordance with standards prescribed by the director under section 921.16 of the Revised Code and who is acting under the direct supervision of a comm...

...(A)(1) Whenever the director of agriculture has cause to believe that any person has violated, or is violating, this chapter or any rule or order adopted or issued under it, the director may conduct a hearing in accordance with Chapter 119. of the Revised Code to determine whether a violation has occurred. Except as otherwise provided in division (A)(3) of this section, the director shall assess a civil penalty ...

... and the federal government, other than commercial applicators employed by the federal government, the state, or a political subdivision, while engaged in the performance of their official duties in administering state or federal pesticide laws or rules, or while engaged in pesticide research; (3) The manufacturer or shipper of a pesticide for experimental use only by or under supervision of an agency of this state...

...(A) If the director of agriculture has reasonable cause to believe that a pesticide or device is being distributed, stored, transported, or used in violation of this chapter or of any rules, it shall be subject to seizure on complaint of the director to a court of competent jurisdiction in the locality in which the pesticide or device is located. (B) If the article is condemned, it shall, after entry or decre...

...A person who claims damages from a pesticide application shall notify the director of agriculture and the pesticide applicator by submitting an oral or written statement of alleged damages. The statement shall contain all of the following: (A) The name of the person responsible for the application of the pesticide; (B) The name of the owner or operator of the land on which the crop is grown and for which damages ar...

...Fines, penalties, costs, and damages assessed against a person in consequence of violations of this chapter, as provided in this chapter or any other section of the Revised Code, shall be a lien in favor of the state upon the real and personal property of the person, upon the filing of a judgment or an order of the director of agriculture with the county in which the real and personal property is located. The r...

...Nothing in this chapter or any rule adopted under it shall be construed to require the director of agriculture to report any findings to the appropriate prosecuting authority for proceedings in prosecution of, or issue any order or institute any enforcement procedure for, a violation of this chapter or a rule adopted under it whenever the director believes that the public interest will be best served by a suitable wr...

...On receipt of a notice pursuant to section 3123.43 of the Revised Code, the director of agriculture shall comply with sections 3123.41 to 3123.50 of the Revised Code and any applicable rules adopted under section 3123.63 of the Revised Code with respect to a license, registration, or permit issued pursuant to this chapter.

...(A) Whoever violates this chapter or rules adopted under it, except division (G) or (P) of section 921.24 of the Revised Code, is guilty of a misdemeanor of the second degree on a first offense and a misdemeanor of the first degree on a subsequent offense. (B) Whoever violates division (G) or (P) of section 921.24 of the Revised Code is guilty of a misdemeanor of the first degree on a first offense and a felon...

...imate being, other than a human. (B) "Commercial feed" or "feed" means all materials, except unmixed whole seeds or physically altered entire unmixed seeds, that are not adulterated and that are distributed for use as feed or for mixing in feed for animals. "Commercial feed" or "feed" does not include drugs that are not incorporated into feed and that are not distributed to be mixed in feed. "Commercial feed" and "...

...The director of agriculture may adopt rules in accordance with Chapter 119. of the Revised Code to exempt both of the following from sections 923.41 to 923.55 of the Revised Code: (A) Agricultural commodities, including hay, straw, stover, silage, cobs, husks, and hulls, when those commodities are not mixed with other materials; (B) Individual chemical compounds or substances when those compounds or substance...

...(A) No person who manufactures commercial feed or customer-formula feed, or whose name appears on the label of any commercial feed or customer-formula feed as a distributor shall distribute in this state any type of commercial feed unless the person is registered in accordance with this section. A manufacturer and distributor shall annually register, on a form prescribed by the director of agriculture, and pay a re...

... section for a customer-formula feed, a commercial feed distributed in this state shall be labeled with the following information: (1) Net weight of contents, which may be stated in metric units in addition to avoirdupois weight; (2) Product name, and brand name if any, under which the feed is distributed; (3) Name and principal address of the manufacturer or distributor; (4) Guaranteed analysis of the feed s...

...his section, the first distributor of a commercial feed shall pay the director of agriculture an annual inspection fee at the rate of twenty-five cents per ton on all commercial feeds distributed by the first distributor in this state. The department of agriculture shall not collect inspection fees on the first two hundred tons of commercial feed sold in a calendar year. (2) The annual inspection fee required under...

... (A) Information concerning the sale of commercial feed, including any production and use data the director considers advisable, provided that the data does not disclose the operation of any manufacturer or distributor; (B) A comparison of the analyses of official samples of commercial feeds distributed in this state with the guaranteed analyses on the label.

...The commercial feed and seed fund is hereby created in the state treasury. The fund shall consist of money credited to it under this chapter and Chapter 907. of the Revised Code. The director shall keep accurate records of all receipts into and disbursements from the fund and shall prepare, and provide upon request, an annual report classifying the receipts and disbursements that pertain to commercial feed or...

...tory, warehouse, or establishment where commercial feeds are manufactured, processed, packed, or held for distribution or any vehicle used to transport or hold feeds in order to inspect within a reasonable time and manner the factory, warehouse, establishment, vehicle, and any equipment, finished and unfinished materials, containers, and labeling. The inspection may include verification of only such records and produ...

...(A) A commercial feed, or an agricultural commodity such as whole seed, hay, straw, stover, silage, cobs, husks, or hulls, is adulterated if any of the following occur: (1) It bears or contains any poisonous or deleterious substance that may render it injurious to animal or human health, except that when the substance is not an added substance, the feed or agricultural commodity is not adulterated if the quantity o...

...A commercial feed is misbranded if any of the following occur: (A) The labeling is false or misleading in any particular; (B) It is distributed under the product or brand name of another commercial feed; (C) It does not meet the label requirements of section 923.43 of the Revised Code or any rule adopted under that section; (D) It purports to be or is represented as a commercial feed or it purports to contain or ...

...(A) The director of agriculture shall adopt, and may amend or rescind, rules in accordance with Chapter 119. of the Revised Code as necessary to carry out the purposes of this chapter. (B) The director, by reference, may adopt: (1) The official definitions of feed ingredients and official feed terms adopted and published by the association of American feed control officials; (2) Rules promulgated pursuant to...

...of the following acts: (A) Adulterate commercial feed or distribute adulterated commercial feed; (B) Adulterate pet food or distribute adulterated pet food; (C) Misbrand commercial feed or distribute misbranded commercial feed; (D) Adulterate any agricultural commodity such as whole seed, hay, straw, stover, silage, cobs, husks, or hulls and feed it to animals or distribute any such commodity that is adultera...

...nufacturer or distributor of any lot of commercial feed requiring it to be held at a designated place when the director has reasonable cause to believe that the commercial feed is offered or exposed for distribution or distributed in violation of any of the provisions of sections 923.41 to 923.55 of the Revised Code or any rule adopted under those sections. The commercial feed shall be held until a release in w...

...Any lot of commercial feed not in compliance with sections 923.41 to 923.55 of the Revised Code or any rule adopted under those sections is subject to seizure on complaint of the director of agriculture to a court of competent jurisdiction in the county in which the commercial feed is located. The court, upon a finding that the commercial feed is in violation of sections 923.41 to 923.55 of the Revised Code or any ru...

...(A) The attorney general, prosecuting attorney, or city director of law to whom the director of agriculture reports any violation of sections 923.41 to 923.55 of the Revised Code or any rule adopted under those sections shall cause appropriate proceedings to be instituted in the proper court without delay and to be prosecuted in the manner required by law. Before any violation of sections 923.41 to 923.55 of the Revi...

...The director of agriculture may cooperate with and enter into agreements with private associations and with governmental agencies of this state, other states, and the United States for the purpose of carrying out the provisions of sections 923.41 to 923.55 of the Revised Code or any rule adopted under those sections.