Ohio Revised Code Search
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Section 1345.99 | Penalty.
...(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... |
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Section 1346.01 | Tobacco product manufacturer escrow account definitions.
...(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... |
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Section 1346.02 | Joining settlement or making deposits into qualified escrow fund.
...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... |
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Section 1346.03 | Tax information confidential.
...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. |
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Section 1346.04 | Tobacco product manufacturers definitions.
...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... |
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Section 1346.05 | Annual certification of tobacco product manufacturers - directory.
...(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... |
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Section 1346.06 | Nonparticipating manufacturer to appoint agent.
...(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, ... |
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Section 1346.07 | Records maintained by stamping agent.
...(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... |
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Section 1346.08 | Administrative rules.
...(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... |
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Section 1346.09 | Remedies and penalties.
...(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 ... |
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Section 1346.10 | Revocation of license of stamping agent for violations.
...(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... |
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Section 1347.01 | Personal information systems definitions.
...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... |
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Section 1347.04 | Exemptions from chapter.
...(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... |
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Section 1347.05 | Duties of state and local agencies maintaining personal information systems.
...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... |
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Section 1347.06 | Administrative rules.
...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... |
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Section 1347.07 | Using personal information.
...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. |
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Section 1347.071 | Placing or using information in interconnected or combined systems.
...(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... |
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Section 1347.08 | Rights of persons who are subject of personal information.
...(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... |
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Section 1347.09 | Disputing information.
...(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... |
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Section 1347.10 | Wrongful disclosure.
...(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... |
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Section 1347.12 | Agency disclosure of security breach of computerized personal information data.
...(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... |
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Section 1347.15 | Access rules for confidential personal information.
...(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 ... |
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Section 1347.99 | Penalty.
...(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... |
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Section 1349.01 | Responsible party fails to obtain health insurance.
...(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... |
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Section 1349.02 | Termination of motor vehicle lease by person on active duty.
...(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. ... |
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Section 926.17 | Fee adjustments or waivers.
...(A) The director of agriculture shall annually review the debits of and credits to the agricultural commodity depositors fund created in section 926.16 of the Revised Code and shall make any adjustments in the fee required under that section that are necessary to maintain the fund within the limits established under this section. Not later than the first day of March of each year, the director shall determine t... |
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Section 926.18 | Filing claim upon handler's dishonor of demand.
...ositor, after providing the director of agriculture or the director's authorized representative with evidence of the depositor's demand and the dishonoring of that demand, may file a claim with the director not later than six months after dishonor of the demand for indemnification of the depositor's damages, from the agricultural commodity depositors fund, to be measured as follows: (1) The commodity advisory comm... |
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Section 926.19 | Commodity handler regulatory program fund.
...l revenues collected by the director of agriculture from distribution of the receipt forms under division (B) of section 926.20 of the Revised Code and such other forms and registration books as the director may require by rule for the administration of this chapter; (2) The application and examination fees collected under division (B) of section 926.05 of the Revised Code; (3) Any moneys transferred from the agr... |
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Section 926.20 | Receiving commodity for storage.
...ded the commodity. (B) The director of agriculture shall provide and print on distinctive paper, paper warehouse receipts. If the director considers it necessary, the director may authorize electronic warehouse receipts in accordance with guidelines established in rules adopted under section 926.02 of the Revised Code. Each receipt, paper or electronic, shall contain within its printed terms spaces for at least the ... |
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Section 926.21 | Receipts issued by licensed handler.
...A receipt issued by a licensed handler is a legal document evidencing the obligation of the handler to deliver an agricultural commodity according to its terms and the requirements of this chapter. All original receipts issued under this chapter are valid for a term of one year unless redeemed before the end of that year, exchanged for the appropriate commodity or another receipt, or held in trust or endorsed to an ... |
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Section 926.22 | Issuing and cancelling receipts.
...e with rules adopted by the director of agriculture for the undelivered portion of the commodity that is still in storage. The new receipt shall show the date of its issuance and the number and date of the original receipt. (C) If one receipt is divided into two or more receipts or two or more receipts are consolidated into one receipt, the original receipt or receipts shall be canceled in the same manner as if the... |
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Section 926.23 | Duplicate receipt issued in lieu of lost or destroyed receipt.
...e in a form approved by the director of agriculture and shall be conditioned to indemnify the agricultural commodity depositors fund, the handler, and any other person entitled to the commodity against all loss, liability, or expense that it or he may sustain by reason of the issuance of a duplicate receipt. The bond shall have as surety a corporate surety company that is authorized to do business under the laws of ... |
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Section 926.24 | Delivering agricultural commodity upon demand.
...(A) A licensed handler, in the absence of any excuse permitted in this chapter, shall deliver an agricultural commodity upon a demand made by the holder of a receipt for the commodity or by its depositor if the demand is accompanied with: (1) An offer to satisfy any lien arising under section 1307.209 of the Revised Code; and (2) An offer to surrender the receipt with the necessary endorsement. (B) The licen... |
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Section 926.25 | Sale or pledge of receipt issued for an agricultural commodity.
...handler shall file with the director of agriculture a copy of every negotiable receipt issued by him for agricultural commodities of which he is the owner either solely, jointly, or in common with others. Each licensed handler issuing such a negotiable receipt shall at the same time file with the director a report containing such information as the director requests showing the liability and an inventory of the wareh... |
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Section 926.26 | Attachment or execution against commodity.
...andler shall forward to the director of agriculture the remaining proceeds of the sale, together with such information concerning the sale and outstanding receipt or receipts as the director requires by rule. Upon the payment of the proceeds to the director, the handler shall be relieved of further responsibility for the safekeeping of them and shall be held harmless by the state for any liabilities for any cla... |
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Section 926.27 | Licensed handler discontinuing business.
... of his license, notify the director of agriculture, all parties storing agricultural commodities in the handler's warehouse, and all holders of receipts issued by him, if known. If all holders of receipts are not known, he shall advertise his intention by public notice in a newspaper of general circulation in the place in which the warehouse is situated or, if no newspaper is published in that place, in a newspaper... |
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Section 926.28 | Disclosing lack of title or existence of lien or mortgage - posting notice.
...(A) No person shall knowingly deposit any agricultural commodity to which he does not have title or upon which there is a lien or mortgage, either for sale or for storage under a bailment agreement, without disclosing his lack of title or the existence of the lien or mortgage. (B) Each licensed handler shall post in a conspicuous place in his office a copy of division (A) of this section together with the penalty im... |
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Section 926.29 | Delayed price agreement.
... contain such terms as the director of agriculture shall adopt by rule under Chapter 119. of the Revised Code. The agreement shall be executed by and between the licensed handler and the depositor or by their authorized representatives not later than fifteen days after the first delivery of an agricultural commodity is received for delayed pricing under the agreement. The handler shall maintain a file of execu... |
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Section 926.30 | Agricultural commodity testers.
...ased on the United States department of agriculture's "Inspecting Grain Practical Procedures for Grain Handlers" manual and approved by the director of agriculture. A tester also shall successfully complete three hours of continuing education every five years that the tester tests agricultural commodities. (B) A licensed handler shall submit to the director a list of names of individuals who complete the agricultur... |
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Section 926.31 | Representative sample to be drawn for testing by agricultural commodity tester to determine quality of commodity.
...(A) Upon receipt of any shipment of an agricultural commodity from a depositor or a depositor's agent, either for sale or for storage under a bailment agreement, the licensed handler shall cause a representative sample to be drawn for testing by an agricultural commodity tester to determine the quality of the commodity. At the request of the depositor or the depositor's agent, the tester shall immediately test ... |
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Section 926.32 | Commodity advisory commission.
...bers to be appointed by the director of agriculture. Not later than January 1, 1983, the director shall make appointments to the commission. Of the initial appointments, three shall be for terms ending January 1, 1984, two shall be for terms ending January 1, 1985, and two shall be for terms ending January 1, 1986. Thereafter, terms of office shall be for three years, each term ending on the same day of the same mont... |
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Section 926.33 | Conflicting laws - effect and purpose of chapter.
...(A) Any provisions of this chapter that conflict with Chapters 1307. and 1309. of the Revised Code shall take precedence over those chapters. (B) This chapter is enacted for the benefit of the state, and neither the state, its departments, agencies, or commissions, or its employees and officials, either elected or appointed, shall be held liable for any injuries to third parties, for the exercise of their authority,... |
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Section 926.34 | Misapplication or conversion of assets.
...No person shall knowingly misapply or convert for personal use the inventory, funds, or credits of a corporation licensed as a handler under this chapter. |
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Section 926.35 | Insolvent handler.
...No handler licensed under this chapter who is insolvent shall accept deposits of agricultural commodities except in payment of or as security for an existing debt. |
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Section 926.36 | Contract with marketing associations.
...The director of agriculture may enter into a contract with a marketing association that is involved in a program designed to improve or expand the market for an agricultural commodity and funded by an assessment that is levied on producers of the agricultural commodity and calculated on the basis of the volume of agricultural commodities produced by the producer. Under the contract, the marketing association may agr... |
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Section 926.99 | Penalty.
...(A)(1) Except as provided in division (A)(2) of this section, whoever violates section 926.04 of the Revised Code is guilty of a misdemeanor of the first degree on a first offense and a felony of the fifth degree on each subsequent offense. (2) A person who violates section 926.04 of the Revised Code and who is insolvent and financially unable to satisfy a claimant as defined in section 926.021 of the Revised... |
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Section 927.39 | Equipment and supplies.
... that is quarantined by the director of agriculture under section 927.71 of the Revised Code or by the United States department of agriculture. (B) Counties, townships, and municipal corporations may, upon the vote of the board of county commissioners, the board of township trustees, or the legislative authority of any municipal corporation, purchase or rent equipment and may purchase supplies designed to combat a ... |
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Section 927.40 | Inspection for disease.
...The board of county commissioners, board of township trustees, or legislative authority of a municipal corporation may authorize an agent to enter upon any lands in a quarantined area within the subdivisions for the sole purpose of inspecting such lands for the existence of the pest for which the quarantined area has been established. Such powers of inspection may be exercised by any such subdivision, through its age... |
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Section 927.41 | Treatment of diseased trees.
...Upon the purchase or rental of equipment and the purchase of supplies to combat a pest for which a quarantined area is established, the agents of the board of county commissioners, board of township trustees, or legislative authority of a municipal corporation may contact the owners of land in the quarantined area within the subdivision, to obtain permission to enter upon such lands to combat that pest. After obtain... |
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Section 927.42 | Assistance of department of agriculture - issuance of securities.
...in the assistance of the department of agriculture or the United States department of agriculture upon any problem that arises in connection with combating dutch elm disease and phloem necrosis. (B) If the board of county commissioners, the board of township trustees, or the legislative authority of a municipal corporation issues general obligation securities under division (A)(4) of section 133.12 of the Rev... |