Ohio Revised Code Search

...hile 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 action or proceeding to which the director is a party.

...(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.

...(A) The director of 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 t...

...(A) No person shall sell or distribute mislabeled liming material. (B) A liming material is mislabeled if any false or misleading statement appears on its label or its pertinent invoice or delivery ticket, or if false or misleading statements appear in any advertising matter.

...The director of agriculture may, subject to Chapter 119. of the Revised Code, adopt, amend, and enforce rules and regulations to implement sections 905.51 to 905.65, inclusive, of the Revised Code. No person shall violate any rule or regulation adopted by the director pursuant to sections 905.51 to 905.65, inclusive, of the Revised Code.

...The director of agriculture may revoke any license, suspend any license, or refuse to license any applicant for a violation of sections 905.51 to 905.65, inclusive, of the Revised Code or any regulations promulgated under such sections.

...(A) The director of agriculture may order the owner or custodian of any lot of liming material to hold it at a designated place when the director has found the liming material to have been offered or exposed for sale in violation of sections 905.51 to 905.65 of the Revised Code or any rule adopted thereunder. (B) Such liming material shall be held until the director releases it in writing. A release shall not be iss...

...ure on the complaint of the director of agriculture to a court of competent jurisdiction in the county in which the liming material is located. If the court finds that the liming material is in violation of sections 905.51 to 905.65 of the Revised Code or any rule adopted under those sections, it shall order the condemnation of the liming material. The court shall not order the condemnation of the liming material wi...

...adequate remedy at law, the director of agriculture may apply to the court of common pleas in the county wherein sections 905.51 to 905.65, inclusive, of the Revised Code are being violated for a temporary or permanent injunction restraining any person from such violation.

...(A) Except as provided in division (B) of this section, whoever violates this chapter or rules adopted under it is guilty of a misdemeanor of the third degree on a first offense, a misdemeanor of the second degree on a second offense, and a misdemeanor of the first degree on a third or subsequent offense. (B) A person who fails to comply with rules adopted under division (A)(2)(f) of section 905.322 of the Rev...

...mined by the United States secretary of agriculture to follow procedures and standards of seed certification comparable to those generally followed by seed certifying agencies that are members of the association of official seed certifying agencies. (D) "Germination" means the emergence and development from seed embryos of those structures that indicate the capability of producing normal seedlings under ordinarily ...

...) Any other information the director of agriculture may require by rule concerning health, vigor, purity, type, and other matters pertaining to certification. (D) The Ohio seed improvement association shall establish standards and procedures for seed certification that are no less stringent than those prescribed by the association of official seed certifying agencies and that do not conflict with sections 907.01 to ...

...of its predominance. If the director of agriculture has determined in rules adopted under section 907.10 of the Revised Code that any component of agricultural seed is generally labeled as to variety, the label shall bear, in addition to the name of the kind, the name of the variety, or the statement "variety not stated." If any such component is a hybrid, the label shall also bear the name of the hybrid. If more tha...

... in this state. (B) If the director of agriculture or the director's designated representative determines that an audit of a person who is required to keep records under division (A) of this section is necessary in order to determine the sales of seed made within or into this state by that person and the amount of the fee that the person owes this state under section 907.14 of the Revised Code, the director or the ...

...All of the seed of grass, forage, cereal, and fiber crops sold by variety name or as processed or tested is subject to the labelling and inspection fee requirements of sections 907.01 to 907.17 of the Revised Code.

...state" or the name of the department of agriculture or the state seed laboratory shall not be used in connection with the analysis or test of any seed on any seed label, price list, or literature or in any other way which gives the impression that the state guarantees the analysis or assumes responsibility for the quality of the seed.

...ted by rules adopted by the director of agriculture as characteristically exhibiting high inert matter. (I) At public auction unless the seed is labeled in accordance with sections 907.01 to 907.17 of the Revised Code and the person who labeled the seed obtained a permit to do so as provided in section 907.13 of the Revised Code; (J) By variety name if the seed is not certified by a certifying agency if the seed i...

...d submit the records to the director of agriculture pursuant to section 907.081 of the Revised Code; or make any claim in an advertisement that cannot be substantiated by an official seed laboratory as defined by rules adopted pursuant to Chapter 119. of the Revised Code by the director or a state experiment station or by regulations adopted by a federal experiment station; (C) Fail to comply with a stop-sale order,...

... submit the records to the director of agriculture upon request. Any person who uses an agricultural, vegetable, or flower seed may request the director to require the person who disseminated any advertisement concerning any of the above characteristics to submit the person's records to the director. In accordance with division (A) of section 907.10 of the Revised Code, the director may conduct such tests as the d...

...ble to be provided to the department of agriculture upon request in order to show proof that the seed is being exported to a foreign country for distribution.

...The director of agriculture shall do all of the following: (A) Sample, inspect, analyze, and test agricultural, vegetable, and flower seed sold for sowing purposes, at such times and places and to such extent as the director regards necessary to determine whether the seed complies with sections 907.01 to 907.17 of the Revised Code and notify promptly the person who sold the seed of any violation; (B) Adopt rules in...

...The director of agriculture or the director's authorized agent may: (A) Enter any public or private place of business during regular business hours in order to gain access to any seed or records subject to sections 907.01 to 907.17 of the Revised Code or the rules and regulations adopted thereunder; (B) In conformity with sections 907.01 to 907.17 of the Revised Code and the rules and regulations adopted thereund...

...(A) The department of agriculture has sole and exclusive authority to regulate the registration, labeling, sale, storage, transportation, distribution, notification of use, use, and planting of seed within the state. The regulation of seed is a matter of general statewide interest that requires uniform statewide regulation, and this chapter and rules adopted under it constitute a comprehensive plan with respect...

...seizure on complaint of the director of agriculture to a court of competent jurisdiction in the locality in which the seed is located. If the court orders the condemnation of the seed, the seed shall be denatured, destroyed, or otherwise disposed of in compliance with the laws of this state, provided that the court shall not order such disposition without giving the claimant an opportunity to apply to the court for t...

...that has been issued by the director of agriculture in accordance with this section. A person who wishes to obtain a seed labeler permit shall file an application with the director on a form that the director provides and shall submit a permit fee in the amount of fifty dollars. Such a person who labels seed under more than one name or at more than one address shall obtain a separate seed labeler permit and pay a ...

...(A) For the purposes of this section, ordinances to control dangerous wild animals, restricted snakes, or both include, but are not limited to, ordinances concerned with the acquisition or possession of dangerous wild animals or restricted snakes, dangerous wild animals or restricted snakes as public nuisances, and dangerous wild animals or restricted snakes as a threat to public health, safety, and welfare. ...

...(A) Whoever violates division (A), (B), (C), (E), (F), or (G) of section 935.18 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. (B) Whoever violates division (D) of section 935.18 of the Revised Code is guilty of a felony of the fifth degree. (C) Whoever violates division (C) of section 935.29 of the Revised Cod...

...As used in this chapter: "Education" means any activity designed to provide information regarding propane, propane equipment, mechanical and technical practices, and uses and promotion of propane to consumers and members of the propane industry. "Propane" means liquefied petroleum gas, a material with a vapor pressure not exceeding that of commercial propane composed predominately of the following hydrocarbons or...

...(A) The director of agriculture shall establish a propane council and adopt rules in accordance with Chapter 119. of the Revised Code necessary to implement this chapter. (B) The director shall appoint the following members to the council in accordance with this section and rules adopted under it: (1) Two multi-state propane gas retailers; (2) Two intrastate propane gas retailers; (3) One cooperative propane ...

...The propane council shall adopt procedures by which retailers of propane in this state may propose, develop, and operate a marketing program to do all of the following: (A) Promote the safe and efficient use of propane; (B) Demonstrate to the general public the importance and economic significance of propane; (C) Develop new uses and markets for propane and enable engagement in promotional activities that incen...

...(A) Retailers in this state may present the propane council with a petition signed by the lesser of twenty-five or ten per cent of all such retailers requesting that the council hold a referendum in accordance with section 936.05 of the Revised Code to establish or amend a marketing program for propane. (B) At the time of presentation of the petition to the council under division (A) of this section, the petitioner...

...(A) Not later than ninety days after the propane council has approved a marketing program proposed under section 936.04 of the Revised Code, or an amendment to such a program, the council shall determine by a referendum whether the eligible retailers, as determined under section 936.03 of the Revised Code, favor the proposed program or amendment. The council shall cause a ballot request form to be published not less ...

...When the retailers who vote in a referendum held under section 936.05 of the Revised Code favor a proposed marketing program, the propane council shall order the program established.

...The director of agriculture shall monitor the actions of the propane council to ensure all of the following: (A) A marketing program is self-supporting. (B) The council keeps all records that are required for agencies of the state. (C) All program operations are in accord with both of the following: (1) The provisions of the marketing program; (2) This chapter and procedures established under it.

...(A) For the purpose of a marketing program established under this chapter, the council may levy assessments on retailers at the time of purchase of odorized propane by a retailer from a wholesale distributor. The council shall base the assessments on the volume of odorized propane purchased by the retailer from the wholesale distributor. (B) A marketing program shall require a refund of assessments collected under ...

...f the Revised Code to the department of agriculture. The council shall file the financial statement with the department not more than one hundred fifty days after the end of each fiscal year. (E) The council shall use money in the fund or deposited in a bank to promote the common good, welfare, and advancement of the propane industry, including, but not limited to, all of the following activities and programs: (1...

...(A) The director of agriculture temporarily may suspend the operation of a marketing program, or any part of a program, established under this chapter for any reason upon recommendation by the propane council for a period of not more than twelve consecutive months. (B) At least once in each five years of operation, or at any time upon written petition by the lesser of twenty-five or ten per cent of the retailers in...

...(A) When retailers favor termination of a marketing program established under this chapter, the propane council shall terminate all operations of the program. (B)(1) Except as provided in division (B)(2) of this section, upon termination of a program, the council shall return any remaining unobligated money to the retailers who paid the assessments levied under section 936.08 of the Revised Code during the immediat...

...The propane council may institute an action at law or in equity that appears necessary to enforce compliance with this chapter, a procedure established under it, or a marketing program established under it.

...No retailer shall knowingly fail or refuse to withhold or remit any assessment levied under section 936.08 of the Revised Code.

...Whoever violates section 936.13 of the Revised Code is guilty of a misdemeanor of the fourth degree.

...eveloped or approved by the director of agriculture, the director's designee, or the board of supervisors of a soil and water conservation district, for the owner or operator of agricultural land or an animal feeding operation that contains both of the following: (1) Implementation schedules and operational procedures for a level of management and pollution abatement practices that will abate the degradation of the ...

...gement plan approved by the director of agriculture or the director's designee under section 939.02 of the Revised Code or by the supervisors of the applicable soil and water conservation district under section 940.06 of the Revised Code. (B) A person who wishes to make a complaint regarding nuisances involving agricultural pollution may do so orally or by submitting a written, signed, and dated complaint to the dir...

...osting plan required by the director of agriculture under division (A)(2) of section 939.02 of the Revised Code. If the person's proposed composting plan is disapproved by the supervisors of the appropriate soil and water conservation district under division (S)(3) of section 940.06 of the Revised Code, the person may appeal the plan disapproval to the director, who shall afford the person a hearing. Following the he...

...The director of agriculture, subject to approval of the terms of the agreement by the Ohio soil and water conservation commission, shall enter into cooperative agreements with the supervisors of a soil and water conservation district desiring to enter into those agreements pursuant to section 940.06 of the Revised Code. The agreements shall be entered into to obtain compliance with rules of the director pertaining to...

...The director of agriculture may do any of the following: (A) Enter into contracts or agreements with any agency of the United States government, or any other public or private agency, or organization, for the performance of the prescribed duties of the department of agriculture under this chapter and Chapter 940. of the Revised Code or for accomplishing cooperative projects within the scope of those duties; (B) Ent...

...(A)(1) The director of agriculture may propose to require corrective actions and assess a civil penalty against the owner or operator of agricultural land or an animal feeding operation if the director or the director's designee determines that the owner or operator is doing one of the following: (a) Not complying with a standard established in rules adopted under division (E)(1) of section 939.02 of the Revised Cod...

... event of an emergency, the director of agriculture or the director's designee provides written consent and the manure application is made in accordance with procedures established in the United States department of agriculture natural resources conservation service practice standard code 590 prepared for this state. (C)(1) Upon receiving a complaint by any person or upon receiving information that would indicate a ...

...on (D) of this section, the director of agriculture may assess a civil penalty against a person that violates section 939.08 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 939.08 of the Revised Code. The perso...

...hall be administered by the director of agriculture. The fund may be used to pay costs incurred by the department of agriculture under division (E) of section 939.07 of the Revised Code in investigating, mitigating, minimizing, removing, or abating any pollution of the waters of the state caused by agricultural pollution or an unauthorized release, spill, or discharge of manure into or upon the environment that requi...