As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 645 5
1999-2000 6
REPRESENTATIVES VESPER-HARRIS-TERWILLEGER-HOOPS- 8
WIDENER-STEVENS-HOLLISTER 9
_________________________________________________________________ 10
A B I L L
To amend sections 917.23, 918.02, 918.04, 918.08, 12
918.22, 918.25, 918.28, 921.02, 921.021, 921.06, 13
921.07, 921.08, 921.09, 921.10, 921.12, 921.13, 14
921.16, 926.18, 926.20, and 1327.50 and to enact
sections 924.521 and 926.141 of the Revised Code 15
to revise the statutes governing agriculture. 16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 18
Section 1. That sections 917.23, 918.02, 918.04, 918.08, 20
918.22, 918.25, 918.28, 921.02, 921.021, 921.06, 921.07, 921.08, 21
921.09, 921.10, 921.12, 921.13, 921.16, 926.18, 926.20, and 23
1327.50 be amended and sections 924.521 and 926.141 of the
Revised Code be enacted to read as follows: 24
Sec. 917.23. (A) With respect to cooling and storage of 34
manufacture milk, a manufacture milk producer shall do one of the 35
following:
(1) In the case of manufacture milk that is stored in cans 38
on the manufacture milk producer's farm, cool the milk to and 39
store it at a temperature of sixty degrees fahrenheit, sixteen 40
degrees celsius, or lower within two hours after completion of 42
the milking;
(2) In the case of all other manufacture milk that is 44
stored on the manufacture milk producer's farm, cool the milk and 46
store it in accordance with rules adopted by the director of
agriculture pursuant to section 917.02 of the Revised Code. 49
(B) Manufacture milk stored in accordance with division 52
2
(A)(1) of this section shall be used exclusively in the 54
manufacture of cheese. The by-products created from the 55
manufacture of cheese may be used to manufacture butter and dried 56
whey products.
(C) This section does not apply to raw milk that is 59
delivered to a manufacture milk plant not later than two hours 60
after completion of milking. 61
Sec. 918.02. (A) The director of agriculture, or his THE 70
DIRECTOR'S designee, shall provide ante-mortem inspections of all 71
animals slaughtered at establishments licensed under division (A) 72
of section 918.08 of the Revised Code where and to the extent he 73
THE DIRECTOR considers it necessary. If, upon inspection, 75
symptoms of disease or other abnormal conditions which THAT would 76
render the animals unfit for human food are found, those animals 78
shall be retained or permanently and conspicuously identified 79
with an official mark indicating they have been condemned and 80
shall be disposed of in a manner prescribed by the director. 81
(B) The director shall provide post-mortem inspection to 83
the extent he THE DIRECTOR considers necessary of all animals for 85
human food in establishments licensed under division (A) of
section 918.08 of the Revised Code. The head, tongue, tail, 86
viscera, and other parts, and blood used in the preparation of 87
meat products or medicinal products shall be retained in such a 88
manner as to preserve their identity until the post-mortem 89
examination has been completed. Wholesome carcasses shall be 90
identified with an official mark indicating they have been 91
approved. Each unwholesome carcass shall be marked conspicuously 92
by the inspector at the time of inspection with an official mark 93
indicating the carcass has been condemned;, and all carcasses and 95
parts thereof thus inspected and condemned shall be destroyed for 96
food purposes by the establishment in the presence of an 97
inspector. If any carcass or any part thereof, upon examination 98
and inspection subsequent to the first examination and 99
inspection, is found to be adulterated, it shall be destroyed for 100
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food purposes by the establishment in the presence of an 101
inspector. All unborn or stillborn animals shall be condemned. 102
Carcasses of animals that have died by means other than slaughter 103
shall not be brought into any room in which meat products are 104
processed, handled, or stored. 105
(C) The director shall provide inspection of all 107
processing operations at establishments licensed under division 108
(A) of section 918.08 of the Revised Code where animal carcasses, 109
parts thereof, or meat products may be brought in and further 110
treated and prepared, and shall provide inspection and 111
supervision in processing departments to ensure that controls are 112
effective at all times. 113
(D) Establishments licensed under section 918.08 of the 115
Revised Code shall furnish satisfactory facilities and assistance 116
for ante-mortem and post-mortem inspections as required by the 117
director. The director may require operations at the 118
establishments to be conducted during reasonable hours. Licensees 119
shall inform the director in advance of intended hours of 120
operation. When one inspector is assigned to make inspections at 121
two or more establishments where few animals are slaughtered, or 122
where small quantities of meat products are prepared, the 123
director may designate the hours of the day and the days of the 124
week during which the establishment may be operated. No person 125
shall deny access to any authorized inspector upon the 126
presentation of proper identification at any reasonable time to 127
such establishments and to records pertaining to the source and 128
sale of carcasses and meat products. THE DIRECTOR SHALL ADOPT 130
RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE 132
ESTABLISHING THE RATE AT WHICH AN ESTABLISHMENT SHALL REIMBURSE
THE DIVISION OF MEAT INSPECTION FOR INSPECTION SERVICES OF MORE 135
THAN EIGHT HOURS IN ANY GIVEN DAY, OF MORE THAN FORTY HOURS IN 136
ANY GIVEN WEEK SUNDAY THROUGH SATURDAY, OR ON ANY HOLIDAY AS 137
SPECIFIED IN DIVISION (A) OF SECTION 124.19 OF THE REVISED CODE. 138
(E) The director may limit the entry of animals, animal 140
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carcasses, or parts thereof, meat food products, and other 141
materials into any establishment at which inspection is 142
maintained under Chapter 918. of the Revised Code, THIS CHAPTER 143
to ensure that allowing the entry of such articles into such 145
inspected establishments will be consistent with the purposes of 146
this chapter. 147
(F) All carcasses, parts thereof, and meat products 149
inspected at any establishment under the authority of this 150
chapter and found to be not adulterated, at the time they leave 152
the establishment, shall bear, in distinctly legible forms
directly theron or on their containers, appropriate labeling as 153
the director may require in accordance with rules adopted under 154
this chapter. No article subject to this chapter shall be sold 156
or offered for sale by any person, under any names or labeling 157
that is false or misleading.
(G) The director shall adopt and enforce sanitation rules 160
pursuant to this chapter, under which such establishments shall 161
be maintained. Where the sanitary conditions of any such 162
establishment are such that the meat product is rendered 163
adulterated, the product shall be retained and not allowed to be 164
labeled with an official mark. THE RULES PERTAINING TO SANITARY 165
CONDITIONS SHALL CONFORM WITH THE SANITATION STANDARD OPERATING 166
PROCEDURES ESTABLISHED IN TITLE 9 OF THE CODE OF FEDERAL 167
REGULATIONS AND SHALL REQUIRE THAT AN ESTABLISHMENT BE EVALUATED 168
BY DETERMINING ITS COMPLIANCE WITH THOSE PROCEDURES. IN 169
ADDITION, THE RULES SHALL REQUIRE THAT IF AN ESTABLISHMENT DOES 170
NOT HAVE A PLAN FOR A PARTICULAR PRODUCTION PROCESS UNDER ITS
HAZARD ANALYSIS CRITICAL CONTROL POINT SYSTEM AS REQUIRED IN 171
RULES, THE MEAT PRODUCT OF THE PROCESS MAY BE CONSIDERED TO BE 172
ADULTERATED AND SHALL BE RETAINED PENDING A PRODUCTION PROCESS 173
REVIEW AND NOT ALLOWED TO BE LABELED WITH AN OFFICIAL MARK. 174
Sec. 918.04. The director of agriculture shall, in 183
accordance with Chapter 119. of the Revised Code, adopt, 184
promulgate, and enforce regulations as RULES THAT are necessary 186
5
to administer sections 918.01 to 918.11, inclusive, of the
Revised Code. THE DIRECTOR MAY ADOPT BY REFERENCE, IN WHOLE OR 188
IN PART, TITLE 9 OF THE CODE OF FEDERAL REGULATIONS FOR THE 190
PURPOSES OF MEETING OR EXCEEDING THE FEDERAL STANDARDS FOR MEAT
INSPECTION, INCLUDING, BUT NOT LIMITED TO, RULES GOVERNING THE 191
DEVELOPMENT AND IMPLEMENTATION OF HAZARD ANALYSIS CRITICAL 192
CONTROL POINT SYSTEMS.
Sec. 918.08. (A) Except as provided in division (E) of 201
this section, no person shall operate an establishment without 203
first licensing the establishment with the department of 204
agriculture. The owner of an establishment desiring a license 205
with the department may make application therefor on forms 206
provided by the department. If after inspection the director of 207
agriculture finds that an establishment is in compliance with 208
this chapter, he THE DIRECTOR shall notify the owner of the 209
establishment and, upon receipt of the required license fee, the 210
establishment shall be permitted to operate. The license shall 211
expire annually on the thirty-first day of March and shall be 212
renewed according to the standard renewal procedure of sections 213
4745.01 to 4745.03 of the Revised Code. 214
(B) The annual license fee for each establishment, or a 217
renewal thereof, is fifty dollars. All fees collected under this
section shall be deposited into the poultry and meat products 218
fund created in section 918.15 of the Revised Code. 219
(C) If the director determines that an establishment 221
licensed under division (A) of this section is operating in 222
violation of this chapter or the rules adopted thereunder, he THE 223
DIRECTOR shall notify the licensee in writing of the violation 225
and give the licensee ten days from the date of notice to cease 226
or correct the violation. If the violation continues after the 227
expiration of the ten-day period, the director may withdraw 228
inspection and order the establishment to cease those operations 229
subject to this chapter. Any such order and the appeal therefrom 230
shall be governed by Chapter 119. of the Revised Code.
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(D) IF AN INSPECTOR DETERMINES THAT AN ESTABLISHMENT 232
LICENSED UNDER DIVISION (A) OF THIS SECTION IS OPERATING IN 233
VIOLATION OF SECTIONS 918.01 TO 918.12 OF THE REVISED CODE AND 234
RULES ADOPTED UNDER THOSE SECTIONS, THE INSPECTOR SHALL NOTIFY 235
THE LICENSEE IN WRITING OF THE VIOLATION. THE INSPECTOR
IMMEDIATELY MAY IMPOSE PROGRESSIVE ENFORCEMENT ACTIONS, INCLUDING 236
WITHHOLDING THE MARK OF INSPECTION, SUSPENSION OF INSPECTION, AND 237
SUSPENSION OF INSPECTION HELD IN ABEYANCE. THE PROGRESSIVE 238
ENFORCEMENT ACTIONS MAY BE TAKEN PRIOR TO AFFORDING THE LICENSEE 239
AN OPPORTUNITY FOR A HEARING. AS AUTHORIZED IN DIVISION (C) OF 240
SECTION 119.06 OF THE REVISED CODE, A DECISION TO IMPOSE AN
ENFORCEMENT ACTION IS IMMEDIATELY APPEALABLE TO A HIGHER 241
AUTHORITY WITHIN THE DEPARTMENT WHO IS CLASSIFIED BY THE DIRECTOR 242
AS A DISTRICT SUPERVISOR AND WHO IS DESIGNATED BY THE DIRECTOR TO 243
HEAR THE APPEAL. IF THE DISTRICT SUPERVISOR AFFIRMS THE 244
ENFORCEMENT ACTION OF THE INSPECTOR, THE LICENSEE MAY APPEAL THE
ENFORCEMENT ACTION IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED 245
CODE.
AS USED IN THIS DIVISION, "SUSPENSION OF INSPECTION HELD IN 247
ABEYANCE" MEANS A PERIOD OF TIME DURING WHICH A SUSPENSION OF 248
INSPECTION IS LIFTED BECAUSE AN ESTABLISHMENT HAS PRESENTED THE 249
DIRECTOR WITH A CORRECTIVE ACTION PLAN THAT, IF IMPLEMENTED 250
PROPERLY, WOULD BRING THE ESTABLISHMENT INTO COMPLIANCE WITH THIS 251
CHAPTER.
(E) If in the opinion of the director the establishment is 253
being operated under such insanitary conditions as to be a hazard 254
to public health, OR IF THE DIRECTOR DETERMINES THAT AN 255
ESTABLISHMENT IS NOT IN COMPLIANCE WITH ITS HAZARD ANALYSIS 256
CRITICAL CONTROL POINT SYSTEM AS REQUIRED BY RULES, the director 257
may condemn or retain the product on hand and immediately 258
withdraw inspection from the establishment until the insanitary 259
conditions are corrected OR UNTIL THE ESTABLISHMENT IS IN 260
COMPLIANCE WITH ITS HAZARD ANALYSIS CRITICAL CONTROL POINT 261
SYSTEM, AS APPLICABLE.
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(E)(F) Any person operating an establishment as defined in 263
section 918.01 of the Revised Code who also operates on the same 265
premises an establishment as defined in section 918.21 of the 266
Revised Code shall apply either for licensure under section 267
918.08 of the Revised Code or for licensure under section 918.28
of the Revised Code, but not for both, as the director shall 268
determine.
Sec. 918.22. (A) The director of agriculture shall 277
provide inspection and supervision of all processing operations 278
at establishments licensed under section 918.28 of the Revised 279
Code and make ante-mortem inspections of poultry to the extent he 280
THE DIRECTOR considers necessary to assure a wholesome product. 281
Whenever processing operations are being conducted, the 283
director shall make post-mortem inspection of the carcass of each 284
bird processed at such establishment, and at any time may order 285
such quarantine, segregation, retention, or reinspection as is 286
determined necessary of poultry and poultry products capable of 287
use as human food. If, upon inspection, symptoms of disease or 288
other conditions are found which THAT would render the poultry or 290
poultry products unwholesome or unfit for human food, such 291
poultry or poultry products shall be condemned, identified, and 292
disposed of as required by regulations RULES adopted under 293
section 918.25 of the Revised Code. 295
(B) Establishments licensed under section 918.28 of the 297
Revised Code shall: 298
(1) Furnish satisfactory facilities and assistance for 300
inspectors as required by the director; 301
(2) Operate such establishments during reasonable hours; 303
(3) Keep the director informed in advance of intended 305
hours of operation; 306
(4) Accept times of operation as designated by the 308
director when the volume processed at a plant is so small as to 309
require only a part-time inspector to be on duty at the plant; 310
(5) REIMBURSE THE DIVISION OF MEAT INSPECTION FOR 312
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INSPECTION SERVICES OF MORE THAN EIGHT HOURS IN ANY GIVEN DAY, OF 313
MORE THAN FORTY HOURS IN ANY GIVEN WEEK SUNDAY THROUGH SATURDAY, 314
OR ON ANY HOLIDAY AS SPECIFIED IN DIVISION (A) OF SECTION 124.19 315
OF THE REVISED CODE AT A RATE ESTABLISHED IN RULES ADOPTED BY THE 316
DIRECTOR UNDER CHAPTER 119. OF THE REVISED CODE.
Sec. 918.25. The director of agriculture shall, subject to 325
IN ACCORDANCE WITH Chapter 119. of the Revised Code, promulgate, 326
adopt, and enforce regulations RULES as necessary for the 328
implementation, administration, and enforcement of sections 330
918.21 to 918.31, inclusive, of the Revised Code. Such 331
regulations THE DIRECTOR MAY ADOPT BY REFERENCE, IN WHOLE OR IN 332
PART, TITLE 9 OF THE CODE OF FEDERAL REGULATIONS FOR THE PURPOSES 333
OF MEETING OR EXCEEDING THE FEDERAL STANDARDS FOR MEAT 334
INSPECTION, INCLUDING, BUT NOT LIMITED TO, RULES GOVERNING THE 335
DEVELOPMENT AND IMPLEMENTATION OF HAZARD ANALYSIS CRITICAL
CONTROL POINT SYSTEMS. THE RULES ADOPTED UNDER THIS SECTION 336
shall provide for the protection of the public health, safety, 338
and welfare and for maximum coordination and cooperation between 339
state and federal programs for regulation of poultry and poultry 340
products, and may include the following: 341
(A) Exemption of certain products as "poultry products" 343
under the definition in section 918.21 of the Revised Code; 344
(B) Provision for the retention, identification, and 346
disposal of condemned poultry and poultry products and for the 347
identification of approved products; 348
(C) Sanitary requirements for premises, facilities, and 350
equipment, for the operation thereof, and for the storage and 351
handling of poultry and poultry products in establishments 352
licensed under section 918.28 of the Revised Code;. THE RULES 354
PERTAINING TO SANITARY CONDITIONS SHALL CONFORM WITH THE
SANITATION STANDARD OPERATING PROCEDURES IN TITLE 9 OF THE CODE 356
OF FEDERAL REGULATIONS AND SHALL REQUIRE THAT AN ESTABLISHMENT BE 357
EVALUATED BY DETERMINING ITS COMPLIANCE WITH THOSE PROCEDURES. 358
(D) Requirements for maintenance of records under section 360
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918.24 of the Revised Code; 361
(E) Procedures for application and licensing, and the 363
revocation and suspension of licenses; 364
(F) Requirements for marking and attaching the information 366
required by section 918.31 of the Revised Code, including 367
specific styles, legibility and size of type, method of affixing, 368
variations, and exemptions; 369
(G) Such other regulations RULES as are necessary for THE 372
proper administration, implementation, and enforcement of 373
sections 918.21 to 918.31, inclusive, of the Revised Code, 374
INCLUDING RULES REQUIRING THAT AN INSPECTION OF AN 375
ESTABLISHMENT'S SLAUGHTER AND PROCESSING OPERATIONS BE CONDUCTED 376
IN ACCORDANCE WITH THE ESTABLISHMENT'S HAZARD ANALYSIS CRITICAL 377
CONTROL POINT SYSTEM. IN ADDITION, THE RULES SHALL REQUIRE THAT
IF AN ESTABLISHMENT DOES NOT HAVE A PLAN FOR A PARTICULAR 378
PRODUCTION PROCESS UNDER ITS HAZARD ANALYSIS CRITICAL CONTROL 379
POINT SYSTEM AS REQUIRED IN RULES, THE POULTRY PRODUCT OF THE 380
PROCESS MAY BE CONSIDERED TO BE ADULTERATED AND SHALL BE RETAINED 381
PENDING A PRODUCTION PROCESS REVIEW AND NOT ALLOWED TO BE LABELED 382
WITH AN OFFICIAL MARK.
Sec. 918.28. (A) Except as provided in division (E)(F) of 391
section 918.08 of the Revised Code, application for a license to 393
operate an establishment shall be made to the director of 394
agriculture on forms provided by the department. The director 395
shall inspect the establishment and if, upon inspection, the
establishment is found to be in compliance with sections 918.21 396
to 918.31 of the Revised Code, and rules promulgated thereunder 397
ADOPTED UNDER IT, the director shall so notify the owner of the 399
establishment and, upon receipt of the annual license fee of 400
fifty dollars, shall issue him THE OWNER a license. The license 401
shall expire on the thirty-first day of March of each year and
shall be renewed according to the standard renewal procedures of 402
sections 4745.01 to 4745.03 of the Revised Code. 403
(B) If the director determines that an establishment 405
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licensed under this section is operating in violation of sections 406
918.21 to 918.31 of the Revised Code, or a rule or order ADOPTED 407
OR made under authority thereof, he THE DIRECTOR shall notify the 409
licensee in writing of the violation, giving him THE LICENSEE ten 410
days from the date of the notice to correct the conditions 411
causing the violation. If the conditions are not corrected
within the ten-day period, the director may revoke or suspend the 412
license in conformance ACCORDANCE with Chapter 119. of the 413
Revised Code.
(C) IF AN INSPECTOR DETERMINES THAT AN ESTABLISHMENT 415
LICENSED UNDER DIVISION (A) OF THIS SECTION IS OPERATING IN 416
VIOLATION OF SECTIONS 918.21 TO 918.31 OF THE REVISED CODE AND 417
RULES ADOPTED UNDER THOSE SECTIONS, THE INSPECTOR SHALL NOTIFY 418
THE LICENSEE IN WRITING OF THE VIOLATION. THE INSPECTOR 419
IMMEDIATELY MAY IMPOSE PROGRESSIVE ENFORCEMENT ACTIONS, INCLUDING
WITHHOLDING THE MARK OF INSPECTION, SUSPENSION OF INSPECTION, AND 420
SUSPENSION OF INSPECTION HELD IN ABEYANCE. THE PROGRESSIVE 421
ENFORCEMENT ACTIONS MAY BE TAKEN PRIOR TO AFFORDING THE LICENSEE 422
AN OPPORTUNITY FOR A HEARING. AS AUTHORIZED IN DIVISION (C) OF 423
SECTION 119.06 OF THE REVISED CODE, A DECISION TO IMPOSE AN 424
ENFORCEMENT ACTION IS IMMEDIATELY APPEALABLE TO A HIGHER
AUTHORITY WITHIN THE DEPARTMENT WHO IS CLASSIFIED BY THE DIRECTOR 425
AS A DISTRICT SUPERVISOR AND WHO IS DESIGNATED BY THE DIRECTOR TO 426
HEAR THE APPEAL. IF THE DISTRICT SUPERVISOR AFFIRMS THE 427
ENFORCEMENT ACTION OF THE INSPECTOR, THE LICENSEE MAY APPEAL THE 428
ENFORCEMENT ACTION IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED 429
CODE.
AS USED IN THIS DIVISION, "SUSPENSION OF INSPECTION HELD IN 431
ABEYANCE" MEANS A PERIOD OF TIME DURING WHICH A SUSPENSION OF 432
INSPECTION IS LIFTED BECAUSE AN ESTABLISHMENT AS PRESENTED THE 433
DIRECTOR WITH A CORRECTIVE ACTION PLAN THAT, IF IMPLEMENTED 434
PROPERLY, WOULD BRING THE ESTABLISHMENT INTO COMPLIANCE WITH THIS 435
CHAPTER.
(D) If in the opinion of the director the establishment is 437
11
being operated under such insanitary conditions as to be a hazard 438
to public health, OR IF THE DIRECTOR DETERMINES THAT AN 439
ESTABLISHMENT IS NOT IN COMPLIANCE WITH ITS HAZARD ANALYSIS 440
CRITICAL CONTROL POINT SYSTEM AS REQUIRED BY RULES, the director 441
may condemn or retain the product on hand and immediately 442
withdraw inspection from the plant until such time as the 443
insanitary conditions are corrected OR UNTIL THE ESTABLISHMENT IS 444
IN COMPLIANCE WITH ITS HAZARD ANALYSIS CRITICAL CONTROL POINT 445
SYSTEM, AS APPLICABLE.
Sec. 921.02. (A) Each pesticide that is distributed 454
within this state shall be registered with the director of 455
agriculture subject to sections 921.01 to 921.29 of the Revised 456
Code. The holder of the registration shall renew his 457
registration annually prior to the first day of January and each 459
registration expires on the thirty-first day of December of any 460
one year REGISTRATIONS SHALL BE ISSUED FOR A PERIOD OF TIME 461
ESTABLISHED BY RULE AND SHALL BE RENEWED IN ACCORDANCE WITH
DEADLINES ESTABLISHED BY RULE. Registration is not required if a 462
pesticide is shipped from one plant or warehouse to another plant 464
or warehouse operated by the same person and used solely at that 465
plant or warehouse as a constituent part to make a pesticide 466
which THAT is registered under sections 921.01 to 921.29 of the 468
Revised Code, or if the pesticide is distributed under the 469
provisions of an experimental use permit issued under section 470
921.03 of the Revised Code or an experimental use permit issued 471
by the United States environmental protection agency. 472
(B) The applicant for registration of a pesticide shall 474
file a statement with the director on a form provided by him THE 475
DIRECTOR, which shall include all of the following: 477
(1) The name and address of the applicant and the name and 479
address of the person whose name will appear on the label, if 480
other than the applicant's name; 481
(2) The brand and product name of the pesticide; 483
(3) Any necessary information required for completion of 485
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the department of agriculture's application for registration, 486
including the agency registration number; 487
(4) A complete copy of the labeling accompanying the 489
pesticide and a statement of all claims to be made for it, 490
including the directions for use and the use classification as 491
provided for in the federal act. 492
(C) The director, when he THE DIRECTOR considers it 494
necessary in the administration of sections 921.01 to 921.29 of 496
the Revised Code, may require the submission of the complete 498
formula of any pesticide including the active and inert
ingredients. 499
(D) The director may require a full description of the 501
tests made and the results thereof upon which the claims are 502
based for any pesticide. The director shall not consider any 503
data submitted in support of an application, without permission 505
of the applicant, in support of any other application for 507
registration unless the other applicant first has offered to pay 508
reasonable compensation for producing the test data to be relied 509
upon and the data are not protected from disclosure by section 510
921.04 of the Revised Code. In the case of a renewal of 511
registration, a statement shall be required only with respect to 512
information which THAT is different from that furnished when the 513
pesticide was registered or last registered.
(E) The director may require any other information to be 515
submitted with an application. 516
Any applicant may designate any portion of the required 518
registration information as a trade secret or confidential 519
business information. Upon receipt of any required registration 520
information designated as a trade secret or confidential business 521
information, the director shall consider the designated 522
information as confidential and shall not reveal or cause to be 523
revealed any such designated information without the consent of 524
the applicants, except to persons directly involved in the 525
registration process described in this section or as required by 526
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law. 527
(F) Each applicant shall pay an annual A registration and 528
inspection fee of fifty dollars PER YEAR for each product name 529
and brand registered for the company whose name appears on the 531
label. If an applicant files FOR a renewal application OF 532
REGISTRATION after the thirty-first day of January of any year 534
THE DEADLINE ESTABLISHED BY RULE, the applicant shall pay a 535
penalty fee of twenty-five dollars for each product name and 536
brand registered for the applicant. The penalty fee shall be 537
added to the original fee and paid before the renewal 538
registration is issued. In addition to any other remedy 539
available under sections 921.01 to 921.29 of the Revised Code, if 540
a pesticide that is not registered pursuant to this section is 542
distributed within this state, the person required to register 543
the pesticide shall do so and shall pay a penalty fee of 544
twenty-five dollars for each product name and brand registered 545
for the applicant. The penalty fee shall be added to the 546
original fee and paid before the registration is issued. 547
(G) Provided THAT the state is certified by the 549
administrator of the United States environmental protection 550
agency to register pesticides to meet special local needs, the 551
director shall require the information set forth under divisions 552
(B), (C), (D), and (E) of this section and shall register any 553
such pesticide if he determines AFTER DETERMINING that all of the 554
following conditions are met: 555
(1) Its composition is such as to warrant the proposed 557
claims for it;. 558
(2) Its labeling and other material required to be 560
submitted comply with the requirements of the federal act and of 561
sections 921.01 to 921.29 of the Revised Code, and rules adopted 562
thereunder;. 563
(3) It will perform its intended function without 565
unreasonable adverse effects on the environment;. 566
(4) When used in accordance with widespread and commonly 568
14
recognized practice, it will not generally cause unreasonable 569
adverse effects on the environment;. 570
(5) The classification for general or restricted use is in 572
conformity with the federal act. 573
The director shall not make any lack of essentiality a 575
criterion for denying the registration of any pesticide. When 576
two pesticides meet the requirements of this division, he THE 577
DIRECTOR shall not register one in preference to the other. 579
Sec. 921.021. (A) No person shall own or operate a 588
pesticide application business without obtaining a license for 589
each location owned or operated by him THE PERSON in the state 590
from the director of agriculture. The license shall be renewed 592
annually prior to the first day of March and shall expire on the 593
last day of February LICENSES SHALL BE ISSUED FOR A PERIOD OF 595
TIME ESTABLISHED BY RULE AND SHALL BE RENEWED IN ACCORDANCE WITH 596
DEADLINES ESTABLISHED BY RULE.
(B) Any person who owns or operates a pesticide 598
application business outside of this state, but engages in the 599
business of applying pesticides to properties of another for hire 600
in this state, shall obtain a license for his THE PERSON'S 601
principal out-of-state location from the director. 603
(C) The person applying for a pesticide application 605
business license shall file a statement with the director, on a 606
form provided by the director, which THAT shall include any 607
information that the director determines necessary and that he 608
THE DIRECTOR requires by rule. Each applicant shall pay an 610
annual A license fee of twenty dollars PER YEAR for each 612
pesticide application business license he THE APPLICANT is 614
required to obtain.
(D) The owner or operator of a pesticide application 616
business shall employ at least one licensed custom applicator for 617
each pesticide application business location he THE OWNER OR 618
OPERATOR owns or operates. 619
(E) The owner or operator of a pesticide application 621
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business is responsible for the acts of each employee in the 622
handling, application, and use of pesticides. The pesticide 623
application business license is subject to denial, suspension, or 624
revocation after a hearing for any violation of sections 921.01 625
to 921.29 of the Revised Code, if it is determined that the owner 626
or operator ratified or knowingly or negligently permitted any 627
officer, employee, or agent to commit the violations. The 628
director also may levy against the owner or operator any civil 629
penalties authorized by division (B) of section 921.16 of the 630
Revised Code for any violation of sections 921.02 through TO 631
921.29 of the Revised Code for any violation of those sections 633
committed by the owner or operator or any officer, employee, or 634
agent. For purposes of this division, an owner or operator is 635
deemed to have ratified violations committed by any officer, 636
employee, or agent if collectively his THE officers, employees, 637
or agents commit three violations of a high or moderate level of 639
severity in accordance with established department enforcement 640
guidelines that relate directly to the storage, preparation, 641
handling, distribution, or application of pesticides, or any 642
violation involving fraud, within a twenty-four-month period. 643
(F) The director may deny a pesticide application business 645
license to any current owner, operator, officer, or agent whose 646
pesticide application business license has been revoked within 647
the previous thirty-six months. 648
(G) The director shall adopt any rules necessary to 650
administer and enforce this section. 651
Sec. 921.06. (A) No individual shall act as or hold 660
himself ONESELF out to the public as being a custom applicator 662
without having a custom applicator license for each pesticide 663
application business location for which he THE INDIVIDUAL is the 664
commercial applicator of record or from which he THE INDIVIDUAL 665
works issued by the director of agriculture. LICENSES SHALL BE 667
ISSUED FOR A PERIOD OF TIME ESTABLISHED BY RULE AND SHALL BE 668
RENEWED IN ACCORDANCE WITH DEADLINES ESTABLISHED BY RULE. The 669
16
annual fee for each such license is one hundred dollars PER YEAR 670
to be submitted with the application. If a license is not issued 671
or renewed, the application fee shall be retained by the state as 672
payment for reasonable expense of processing the application. 673
The director shall by rule classify by categories licenses to be 674
issued under this section. No individual shall be required to 675
pay an additional license fee if he THE INDIVIDUAL is licensed 676
for more than one category, but he THE INDIVIDUAL shall pay a 678
license fee for each pesticide application business location for 680
which he THE INDIVIDUAL works.
(B) Application for a custom applicator license shall be 682
made on a form prescribed by the director. Each application for 683
a license shall state the applicant's qualifications and proposed 684
operation, license category or categories for which the applicant 685
is applying, and other information that the director determines 686
essential to the administration of sections 921.01 to 921.29 of 687
the Revised Code. 688
(C) If the director finds that the applicant is qualified 690
to apply pesticides and meets the requirements of section 921.10 692
of the Revised Code, the director shall issue a custom applicator 693
license limited to the categories for which the applicant is
qualified. Such a license expires annually on the last day of 694
February. Custom applicators, upon obtaining a valid license 695
under this section, are certified applicators for the purpose of 696
applying or directly supervising the use of restricted use 697
pesticides pertinent to their respective categories. 698
Sec. 921.07. (A) No individual other than an individual 707
licensed as a custom applicator shall act as a custom operator 708
without having a custom operator license issued by the director 709
of agriculture. LICENSES SHALL BE ISSUED FOR A PERIOD OF TIME 710
ESTABLISHED BY RULE AND SHALL BE RENEWED IN ACCORDANCE WITH 711
DEADLINES ESTABLISHED BY RULE. The director shall by rule 713
classify, by category, licenses to be issued under this section. 714
No individual shall be required to pay an additional license fee 715
17
if he THE INDIVIDUAL is licensed for more than one category. The 717
annual fee for a custom operator license is thirty dollars PER 718
YEAR and shall be submitted with the application. If a license 719
is not issued or renewed, the fee submitted shall be retained by 720
the state as payment for reasonable expenses of processing the 721
application. 722
(B) Application for a custom operator license shall be 724
made on a form prescribed by the director. Each application for 725
a license shall state the applicant's qualifications and the type 726
of operation, license category or categories for which the 727
applicant is applying, and other information that the director 728
determines essential to the administration of sections 921.01 to 729
921.29 of the Revised Code. 730
(C) If the director finds that the applicant is qualified, 732
he THE DIRECTOR shall issue a custom operator license limited to 734
the category for which the applicant is qualified. Each such 735
license expires annually on the last day of February. Custom 737
operators, upon obtaining a valid license under this section, are 738
certified applicators for the purpose of applying or directly 739
supervising the use of restricted use pesticides pertinent to 740
their respective categories.
Sec. 921.08. (A) Every state agency, municipal 749
corporation, and every other governmental agency and political 750
subdivision is subject to sections 921.01 to 921.29 of the 751
Revised Code and the rules adopted thereunder with respect to the 752
application of pesticides. 753
(B) No individual shall act as a public operator without 755
having a public operator license issued by the director of 756
agriculture. LICENSES SHALL BE ISSUED FOR A PERIOD OF TIME 757
ESTABLISHED BY RULE AND SHALL BE RENEWED IN ACCORDANCE WITH 758
DEADLINES ESTABLISHED BY RULE. The director shall by rule 760
classify, by categories, licenses to be issued under this 761
section.
(C) An individual shall apply to the director for a public 763
18
operator license on a form prescribed by the director. Each 764
application for a license shall state the license category or 765
categories for which the applicant is applying, and any other 766
information that the director determines essential to the 767
administration of sections 921.01 to 921.29 of the Revised Code. 768
(D) If the director finds AFTER FINDING that the applicant 770
is qualified, upon payment of a twenty-dollar annual license fee 772
PER YEAR, he THE DIRECTOR shall issue a public operator license, 774
limited to the category for which the applicant is qualified. 775
The twenty-dollar annual license and renewal fee does not apply 777
to any applicant who is an employee of the department of
agriculture. Each license shall expire annually on the last day 779
of February. If a license is not issued or renewed, the fee 780
submitted shall be retained by the state as payment for 781
reasonable expenses of processing the application. Public
operators, upon obtaining a valid license under this section, are 783
certified applicators for the purpose of applying or directly
supervising the use of restricted use pesticides pertinent to 784
their respective categories. 785
Sec. 921.09. (A) The director shall require each 794
applicant for a license under sections 921.06, 921.07, 921.08, 795
and 921.12 of the Revised Code to be examined on his THE 796
APPLICANT'S knowledge and competency in the proper use, handling, 797
and application of pesticides in the categories for which he THE 798
APPLICANT has applied. 799
(B) Each application for renewal of a license provided for 801
in section 921.06, 921.07, 921.08, or 921.12 of the Revised Code, 802
shall be filed prior to the first day of March of any year 803
DEADLINE ESTABLISHED BY RULE. If filed thereafter, a penalty of 804
fifty per cent shall be assessed the custom applicator and the 805
custom operator and added to the original fee and shall be paid 806
by the applicant before the renewal license is issued. However, 807
if the A license or certification issued under sections SECTION 809
921.06, 921.07, 921.08, and OR 921.12 of the Revised Code is not 810
19
renewed within one year of THE date of expiration, then such 811
licensee or certificate holder shall be required to take another 813
examination.
(C) The holder of a custom applicator license, custom 815
operator license, limited commercial applicator license, or 816
public operator license may renew such license within one year of 817
date of expiration without re-examination unless the director 818
determines that a new examination is necessary to insure that 819
they continue THE HOLDER CONTINUES to meet the requirements of 820
changing technology and to assure a continuing level of 821
competence and ability to use pesticides safely and properly. 822
(D) The director shall determine when re-examination for 824
recertification of private applicators is required to insure that 825
private applicators continue to meet the requirements of changing 826
technology and to assure a continuing level of competence and 827
ability to use pesticides safely and properly.
Sec. 921.10. (A) The director of agriculture shall not 836
issue a custom applicator license or limited commercial 837
applicator license PESTICIDE APPLICATION BUSINESS LICENSE until 838
the applicant has submitted to the director either surety bond, 839
an effective liability insurance policy, or such other evidence 841
of financial responsibility as the director determines necessary. 843
The director shall establish by rule, in accordance with Chapter 844
119. of the Revised Code, the amount and condition of such surety 845
bond, liability insurance, or other evidence of financial 846
responsibility required. Such requirements shall be based upon 847
the category and operation of the applicant. 848
(B) Should the evidence of financial responsibility expire 850
without renewal prior to the expiration of the license, the 851
license of the custom applicator PESTICIDE APPLICATION BUSINESS 852
is automatically suspended. 853
(C) Should the evidence of financial responsibility 855
furnished become unsatisfactory, the custom applicator PESTICIDE 856
APPLICATION BUSINESS shall upon notice immediately execute 857
20
evidence of financial responsibility meeting the requirements of 858
this section or its APPLICABLE rules, and should he THE PESTICIDE 860
APPLICATION BUSINESS fail to do so, the director shall suspend 861
his THE PESTICIDE APPLICATION BUSINESS'S license and give him THE 863
BUSINESS notice of such suspension. 864
(D) The licensee to whom a suspension order is issued 866
shall be afforded a hearing in accordance with Chapter 119. of 867
the Revised Code, after which the director shall reinstate or 868
revoke the suspended license.
(E) Nothing in this chapter shall be construed to relieve 870
any person from liability for any damage to the person or lands 871
of another caused by the use of pesticides even though such use 872
conforms to the rules.
Sec. 921.12. (A) No individual shall act as a limited 881
commercial applicator without first having obtained a limited 882
commercial applicator license from the director of agriculture. 883
LICENSES SHALL BE ISSUED FOR A PERIOD OF TIME ESTABLISHED BY RULE 884
AND SHALL BE RENEWED IN ACCORDANCE WITH DEADLINES ESTABLISHED BY 885
RULE. The annual fee for the license is fifty dollars PER YEAR 886
and shall be submitted with the application. If the license is 889
not issued or renewed, the state shall retain the application fee 890
as payment for reasonable expenses of processing the application. 891
If the license is not renewed prior to the first day of March 892
each year DEADLINE ESTABLISHED BY RULE, the licensee shall pay a 894
penalty of twenty-five dollars for late filing. The categories 895
of licenses shall be the same as for custom applicators, and the 896
examinations shall be the same as or equivalent to those for 897
custom applicators. No individual is required to pay an 898
additional license fee if he THE INDIVIDUAL is licensed for more 900
than one category.
(B) An individual shall apply to the director for a 902
limited commercial applicator license, on a form prescribed by 904
the director. Each application for a license shall state the 905
applicant's qualifications and proposed operation, license 906
21
category or categories for which the applicant is applying, and 907
any other information that the director determines essential to 908
the administration of sections 921.01 to 921.29 of the Revised 909
Code.
(C) If the director finds that the applicant is qualified 911
to apply pesticides and meets the requirements of section 921.10 913
of the Revised Code, he THE DIRECTOR shall issue a limited 914
commercial applicator license limited to the categories for which 915
the applicant is qualified. The license expires annually on the 916
last day of February. Limited commercial applicators, upon 917
obtaining a valid license under this section, are certified 918
applicators for the purpose of applying or directly supervising 919
the manner of use and the type of general and restricted use 920
pesticides pertinent to their respective categories. 921
(D) The employer of a limited commercial applicator, or 923
the limited commercial applicator himself, if he is 925
self-employed, is subject to section 921.10 of the Revised Code; 926
however, the director shall determine by rule the financial 927
responsibility requirement for each category independently of 929
those for custom applicators and he may waive that requirement 931
for any or all categories. 932
(E) The director shall designate by rule the manners of 934
use and types of restricted use pesticides and general use 936
pesticides that an individual licensed as a limited commercial 937
applicator may use.
Sec. 921.13. (A) Any person who is acting in the capacity 946
of a pesticide dealer or who advertises or assumes to act as a 947
pesticide dealer at any time shall obtain a pesticide dealer 948
license from the director of agriculture. The license expires on 949
the last day of February of each year LICENSES SHALL BE ISSUED 951
FOR A PERIOD OF TIME ESTABLISHED BY RULE AND SHALL BE RENEWED IN 952
ACCORDANCE WITH DEADLINES ESTABLISHED BY RULE. A license is 953
required for each location or outlet within this state from which 954
the person distributes pesticides. 955
22
Any pesticide dealer who has no pesticide dealer outlets in 957
this state and who distributes restricted use pesticides directly 959
into this state shall obtain a pesticide dealer license from the 960
director for his THE PESTICIDE DEALER'S principal out-of-state 961
location or outlet and for each sales person operating in the
state. 962
The applicant shall include a twenty-five dollar license 964
fee with his THE application for a license. The application 965
shall be made on a form prescribed by the director. 967
Each pesticide dealer shall submit records to the director 969
of all of the restricted use pesticides he THE PESTICIDE DEALER 970
has distributed, as specified by the director, and duplicate 971
records shall be retained by the pesticide dealer for a period of 972
time established by rules.
(B) This section does not apply to a custom applicator who 975
exclusively sells pesticides only as an integral part of his THE
CUSTOM APPLICATOR'S pesticide application business when the 977
pesticides are dispensed only through equipment used for the 978
pesticide application or to any federal, state, county, or 979
municipal agency that provides pesticides for its own programs. 980
(C) Each licensed pesticide dealer is responsible for the 983
acts of each employee in the solicitation and sale of pesticides 984
and all claims and recommendations for use of pesticides. The 985
pesticide dealer's license is subject to denial, suspension, or 986
revocation after a hearing for any violation of sections 921.01 987
to 921.29 of the Revised Code whether committed by the pesticide 988
dealer or by the pesticide dealer's officer, agent, or employee. 989
Sec. 921.16. (A) The director of agriculture shall adopt 998
rules he THE DIRECTOR determines necessary for the effective 999
enforcement and administration of sections 921.01 to 921.29 of 1,001
the Revised Code. The rules may relate to, but are not limited 1,002
to, the time, place, manner, and methods of application, 1,004
materials, and amounts and concentrations of application of 1,005
pesticides, may restrict or prohibit the use of pesticides in 1,006
23
designated areas during specified periods of time, and shall 1,007
encompass all reasonable factors that the director determines 1,008
necessary to minimize or prevent damage to the environment. IN 1,009
ADDITION, THE RULES SHALL ESTABLISH THE DEADLINES AND TIME
PERIODS FOR REGISTRATION AND REGISTRATION RENEWAL UNDER SECTION 1,010
921.02 OF THE REVISED CODE, THE DEADLINES AND TIME PERIODS FOR 1,011
LICENSURE AND LICENSE RENEWAL UNDER SECTIONS 921.021, 921.06, 1,012
921.07, 921.08, 921.12, AND 921.13 OF THE REVISED CODE, AND THE
DEADLINES FOR CERTIFICATION UNDER SECTION 921.11 OF THE REVISED 1,013
CODE.
(B) The director shall adopt rules that establish a 1,015
schedule of civil penalties for violations of sections 921.01 to 1,016
921.29 of the Revised Code, or any rule or order adopted or 1,017
issued under those sections, provided that the civil penalty for 1,018
a first violation shall not exceed five thousand dollars and the 1,019
civil penalty for each subsequent violation shall not exceed ten 1,020
thousand dollars. In determining the amount of a civil penalty 1,021
for a violation, the director shall consider factors relevant to 1,022
the severity of the violation, including past violations and the 1,023
amount of actual or potential damage to the environment or to 1,024
human beings. 1,025
(C) The director shall adopt rules that set forth the 1,027
conditions under which he THE DIRECTOR: 1,028
(1) Requires that notice or posting be given of a proposed 1,030
application of a pesticide; 1,031
(2) Requires a permit to apply a restricted use pesticide; 1,033
(3) Requires inspection, condemnation, or repair of 1,035
equipment used to apply a pesticide; 1,036
(4) Will suspend, revoke, or refuse to issue any pesticide 1,038
registration for a violation of sections 921.01 to 921.29 of the 1,040
Revised Code;
(5) Requires safe handling, transportation, storage, 1,042
display, distribution, and disposal of pesticides and their 1,043
containers; 1,044
24
(6) Ensures the protection of the health and safety of 1,046
agricultural workers storing, handling, or applying pesticides, 1,047
and all residents of agricultural labor camps, as that term is 1,048
defined in section 3733.41 of the Revised Code, who are living or 1,049
working in the vicinity of pesticide-treated areas; 1,050
(7) Requires a record to be kept of all pesticide 1,052
applications made by each licensed custom applicator, limited 1,053
commercial applicator, and public operator and of all restricted 1,054
use pesticide applications made by each certified private 1,055
applicator; 1,056
(8) Determine DETERMINES those categories of applicators 1,058
who conduct diagnostic inspections or who offer pest control 1,060
services that must be performed by a certified commercial 1,061
applicator and for which written records are required.
(D) The director shall prescribe standards for the 1,063
certification of applicators of pesticides consistent with those 1,064
prescribed by the federal act and the regulations adopted 1,065
thereunder. The standards may relate to the use and handling of 1,066
pesticides or to the use and handling of the pesticide or class 1,067
of pesticide uses covered by the individual's certification, and
shall relate to the hazards involved and the use experience. 1,068
The director shall take into consideration standards of the 1,070
United States environmental protection agency. 1,071
(E) The director may adopt rules setting forth the 1,073
conditions under which he THE DIRECTOR will: 1,074
(1) Collect and examine samples of pesticides or devices; 1,076
(2) Specify classes of devices which THAT shall be subject 1,078
to this chapter; 1,079
(3) Prescribe other necessary registration information. 1,081
(F) The director may adopt rules to designate, in 1,083
addition to those restricted uses so classified by the 1,085
administrator of the United States environmental protection
agency, restricted uses of pesticides for the state or for 1,087
designated areas within the state and, if he THE DIRECTOR 1,088
25
considers it necessary, to further restrict such use. 1,089
(G) The director shall not adopt any rule under sections 1,091
921.01 to 921.29 of the Revised Code that meets either of the 1,092
following:
(1) Permits any pesticide use that is prohibited by the 1,094
federal act and regulations or orders issued thereunder; 1,095
(2) As to certified applicators of restricted use 1,097
pesticides as designated under the federal act, and rules adopted 1,099
as to experimental use permits as authorized by the federal act, 1,100
is inconsistent with the requirements of the federal act and 1,101
regulations promulgated ADOPTED thereunder. 1,102
(H) The director, after notice and opportunity for 1,104
hearing, may declare as a pest any form of plant or animal life, 1,106
other than man HUMAN BEINGS and other than bacteria, viruses, and 1,107
other microorganisms on or in living man HUMAN BEINGS or other 1,108
living animals, that is injurious to health or the environment. 1,110
(I) The director may make reports to the environmental 1,113
protection agency, in the form and containing the information the 1,114
agency may require.
(J) The director shall establish ADOPT rules for the 1,116
application, use, storage, and disposal of pesticides if, in his 1,118
THE DIRECTOR'S judgment, existing programs of the United States 1,120
environmental protection agency, necessitate such rules or
pesticide labels do not sufficiently address issues or situations 1,121
identified by the department of agriculture or interested state 1,122
agencies. The director may develop and enter into cooperative 1,123
agreements with other state agencies for the purpose of 1,124
developing and implementing voluntary or mandatory pesticide
management plans that are designed to prevent unreasonable 1,125
adverse effects on human health and the environment. 1,126
(K) The director shall adopt all rules under sections 1,128
921.01 to 921.29 of the Revised Code in accordance with Chapter 1,129
119. of the Revised Code.
Sec. 924.521. THE DIRECTOR OF AGRICULTURE SHALL HIRE ALL 1,131
26
EMPLOYEES OF THE OHIO GRAPE INDUSTRIES COMMITTEE AS THE DIRECTOR 1,132
DETERMINES NECESSARY. THE DIRECTOR SHALL CONSIDER ANY 1,133
RECOMMENDATIONS ON BEHALF OF A PROSPECTIVE EMPLOYEE MADE BY THE 1,134
COMMITTEE. EMPLOYEES OF THE COMMITTEE SHALL BE PAID WITH MONEYS 1,135
FROM THE OHIO GRAPE INDUSTRIES FUND.
Sec. 926.141. IF THE DIRECTOR OF AGRICULTURE OBTAINS 1,137
EVIDENCE THAT AN UNLICENSED HANDLER IS INSOLVENT OR IS UNABLE TO 1,138
SATISFY THE CLAIMS OF ALL DEPOSITORS, THE DIRECTOR MAY PETITION 1,139
THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE UNLICENSED 1,140
HANDLER IS LOCATED FOR THE APPOINTMENT OF A RECEIVER TO OPERATE 1,141
OR LIQUIDATE THE BUSINESS OF THE UNLICENSED HANDLER. 1,142
ALL NECESSARY EXPENSES INCURRED BY THE DIRECTOR OR A 1,144
RECEIVER APPOINTED UNDER THIS SECTION MAY BE RECOVERED FROM THE 1,145
UNLICENSED HANDLER IN A SEPARATE CIVIL ACTION BROUGHT BY THE 1,146
DIRECTOR IN THE COURT OF COMMON PLEAS OR RECOVERED AT THE SAME 1,148
TIME AND AS A PART OF THE RECEIVERSHIP ACTION FILED UNDER THIS 1,149
SECTION. AS A PART OF THE EXPENSES SO INCURRED, THE COST OF 1,150
ADEQUATE LIABILITY INSURANCE NECESSARY TO PROTECT THE DIRECTOR, 1,151
THE RECEIVER, AND OTHERS ENGAGED IN CARRYING OUT THIS SECTION MAY 1,152
BE INCLUDED.
Sec. 926.18. (A) When a depositor has made a demand for 1,161
settlement of an obligation concerning an agricultural commodity 1,162
on which a fee was required to be remitted under section 926.16 1,163
of the Revised Code and the licensed handler IS EXPERIENCING 1,164
FAILURE, AS "FAILURE" IS DEFINED IN SECTION 926.021 OF THE 1,165
REVISED CODE, AND has failed to honor the demand, the depositor, 1,166
after providing the director of agriculture or the director's 1,167
authorized representative with evidence of the depositor's demand 1,168
and the dishonoring of that demand, may file a claim with the 1,170
director not later than six months after dishonor of the demand
for indemnification of the depositor's damages, from the 1,172
agricultural commodity depositors fund, to be measured as
follows: 1,173
(1) The commodity advisory commission created in section 1,175
27
926.32 of the Revised Code shall establish the dollar value of 1,176
the loss incurred by a depositor holding a receipt or a ticket 1,177
for agricultural commodities on which a fee was required and that 1,178
the depositor delivered to the handler under a delayed price 1,179
agreement, bailment agreement, or feed agreement, or that the 1,181
depositor delivered to the handler before delivery was due under
a contract or other agreement between the depositor and handler. 1,182
The value shall be based on the fair market price being paid to 1,184
producers by handlers for the commodities on the date on which 1,185
the director received notice that the receipt or ticket was 1,186
dishonored by the handler. All depositors filing claims under 1,187
this division shall be bound by the value determined by the 1,188
commission.
(2) The dollar value of the loss incurred by a depositor 1,190
who has sold or delivered for sale, exchange, or solicitation or 1,191
negotiation for sale agricultural commodities on which a fee was 1,192
required and who is a creditor of the handler for all or a part 1,193
of the value of the commodities shall be based on the amount 1,194
stated on the obligation on the date of the sale. 1,195
(B) The agricultural commodity depositors fund shall be 1,197
liable to a depositor for any moneys that are not recovered 1,198
through other legal and equitable remedies as follows: 1,199
(1) For commodities stored with a licensed handler under a 1,201
bailment agreement for one hundred per cent of the depositor's 1,203
loss as determined under division (A)(1) of this section;
(2) For commodities deposited with a licensed handler 1,205
under an agreement other than a bailment agreement for one 1,207
hundred per cent of the first ten thousand dollars of the 1,208
depositor's loss and eighty per cent of the remaining dollar 1,209
value of that loss as determined under divisions (A)(1) and (2) 1,210
of this section. The aggregate amount recovered by a depositor 1,212
under all remedies shall not exceed one hundred per cent of the 1,213
value of the depositor's loss. If the moneys recovered by a 1,214
depositor under all remedies exceed one hundred per cent of the 1,215
28
value of the depositor's loss, the depositor shall reimburse the 1,216
fund in the amount that exceeds the value of that loss. 1,217
(C) The director, with the approval of the commodity 1,219
advisory commission, shall determine the validity of all claims 1,220
presented against the fund. A claim filed under this section for 1,221
losses on agricultural commodities other than commodities stored 1,222
under a bailment agreement shall not be valid unless the 1,223
depositor has made a demand for settlement of the obligation 1,224
within twelve months after the commodities are priced. Any 1,225
depositor whose claim has been refused by the director and the 1,226
commission may appeal the refusal either to the court of common 1,227
pleas of Franklin county or the court of common pleas of the 1,228
county in which the depositor resides. 1,229
The director shall provide for payment from the fund to any 1,231
depositor whose claim has been found to be valid. 1,232
(D) If at any time the fund does not contain sufficient 1,234
assets to pay valid claims, the director shall hold those claims 1,235
for payment until the fund again contains sufficient assets. 1,236
Claims against the fund shall be paid in the order in which they 1,237
are presented and found to be valid. 1,238
(E) If a depositor files an action for legal or equitable 1,240
remedies in a state or federal court having jurisdiction in those 1,241
matters that includes a claim against agricultural commodities 1,242
upon which the depositor may file a claim against the fund at a 1,243
later date, the depositor also shall file with the director a 1,245
copy of the action filed with the court. 1,246
In the event of payment of a loss under this section, the 1,248
director shall be subrogated to the extent of the amount of any 1,249
payments to all rights, powers, privileges, and remedies of the 1,250
depositor against any person regarding the loss. 1,251
The depositor shall render all necessary assistance to aid 1,253
the director in securing the rights granted in this section. No 1,254
action or claim initiated by the depositor and pending at the 1,255
time of payment from the fund may be compromised or settled 1,256
29
without the consent of the director. 1,257
(F) If, prior to June 20, 1994, a lawsuit, adversary 1,260
proceeding, or other legal proceeding is brought against a 1,261
depositor to recover money or payments from funds to which a 1,262
depositor has a right of indemnification under this section, and 1,263
the depositor retains legal counsel resulting in a cost or 1,264
expense to the depositor, upon the rendering of a judgment or 1,265
other resolution of the lawsuit, adversary proceeding, or other
legal proceeding, the director, in the director's discretion and 1,267
with the approval of the commodity advisory commission, may
authorize indemnification from the fund for attorney's fees paid 1,268
by the depositor. Any claim made by a depositor for the payment 1,269
of attorney's fees under this division shall be made in the same 1,270
manner as a claim under division (A) of this section. 1,271
Attorney's fees payable under this division shall be 1,273
limited to the actual hourly fee charged or one hundred dollars 1,274
per hour, whichever is less, and to a total maximum amount of 1,275
three hundred dollars.
Sec. 926.20. (A) Upon the request of a depositor, a 1,284
licensed handler shall issue a receipt for any agricultural 1,285
commodity that he THE HANDLER has received from the depositor for 1,287
storage under a bailment agreement. Even if the depositor has
not requested that a receipt be issued, the agricultural 1,288
commodity delivered for storage under a bailment agreement shall 1,289
be considered to be in "open storage," and the responsibility of 1,290
the bailee to the bailor shall remain the same as if a 1,291
nonnegotiable receipt had been issued upon deposit of the 1,292
commodity into the handler's warehouse. 1,293
No licensed handler shall receive an agricultural commodity 1,295
for storage under a bailment agreement until he THE HANDLER has 1,296
weighed, inspected, and graded the commodity. 1,297
(B) The director of agriculture shall cause receipt forms 1,299
to be printed on distinctive paper by a bonded printer PROVIDE 1,300
AND PRINT ON DISTINCTIVE PAPER, PAPER WAREHOUSE RECEIPTS. IF THE 1,301
30
DIRECTOR CONSIDERS IT NECESSARY, THE DIRECTOR MAY AUTHORIZE 1,302
ELECTRONIC WAREHOUSE RECEIPTS IN ACCORDANCE WITH GUIDELINES 1,303
ESTABLISHED IN RULES ADOPTED UNDER SECTION 926.02 OF THE REVISED 1,304
CODE. Each receipt, PAPER OR ELECTRONIC, shall contain within 1,305
its printed terms spaces for AT LEAST the following information: 1,307
(1) The location of the warehouse where the agricultural 1,309
commodity is stored; 1,310
(2) The date of issuance of the receipt; 1,312
(3) The rate of storage charges or the basis for the 1,314
charges; 1,315
(4) The net weight, the percentage of dockage or foreign 1,317
material, and the grade of the commodity; 1,318
(5) "Negotiable" or "nonnegotiable" according to the 1,320
nature of the receipt, conspicuously printed or stamped INDICATED 1,322
on it;
(6) The signature of the licensed handler or his THE 1,324
HANDLER'S authorized agent; 1,325
(7) A statement of the amount of advances made or 1,327
liability incurred for which the handler claims a lien or, if the 1,328
precise amount of advances made or liabilities incurred at the 1,329
time of issuance of the receipt is unknown to the handler or to 1,330
the agent who issues it, a statement of the fact that advances 1,331
have been made or liabilities incurred; 1,332
(8) If the receipt is for a commodity that the handler 1,334
owns, either wholly, jointly, or in common with others, the facts 1,335
about the ownership; 1,336
(9) Any other information that the director may require by 1,338
rule. 1,339
The director shall cause receipt forms to be distributed to 1,341
licensed handlers at cost. The revenue from the distribution 1,342
shall be remitted to the director and credited to the commodity 1,343
handler regulatory program fund created in division (A) of 1,344
section 926.19 of the Revised Code in the same manner as other 1,345
fees collected under that division. 1,346
31
(C) All receipts issued by a licensed handler shall be 1,348
numbered and issued consecutively. 1,349
(D) Before issuing any receipt, a licensed handler shall 1,351
file with the director a certified copy of his THE HANDLER'S 1,352
signature and the signature of any person he THE HANDLER has 1,353
authorized to issue receipts. 1,354
(E) No licensed handler shall fail to return to the 1,356
director all receipts and tickets remaining unused on the date of 1,357
revocation or termination of his THE HANDLER'S license. 1,358
(F) No person shall issue a receipt for any agricultural 1,360
commodity except upon a receipt form furnished OR AUTHORIZED by 1,361
the director under this section. 1,363
(G) No person, with intent to defraud, shall falsely make, 1,365
alter, forge, counterfeit, or photograph a receipt. 1,366
Sec. 1327.50. The director of agriculture shall: 1,375
(A) Maintain traceability of the state standards to those 1,377
of the national institute of standards and technology; 1,378
(B) Enforce sections 1327.46 to 1327.61 of the Revised 1,380
Code; 1,381
(C) Issue reasonable rules for the uniform enforcement of 1,383
sections 1327.46 to 1327.61 of the Revised Code, which rules 1,384
shall have the force and effect of law; 1,385
(D) Establish standards of weight, measure, or count, 1,387
reasonable standards of fill, and standards for the voluntary 1,388
presentation of cost per unit information for any package; 1,389
(E) Grant any exemptions from sections 1327.46 to 1327.61 1,391
of the Revised Code, or any rules adopted under those sections, 1,392
when appropriate to the maintenance of good commercial practices 1,393
in the state; 1,394
(F) Conduct investigations to ensure compliance with 1,396
sections 1327.46 to 1327.61 of the Revised Code; 1,397
(G) Delegate to appropriate personnel any of these 1,399
responsibilities for the proper administration of his THE 1,400
DIRECTOR'S office; 1,401
32
(H) Test as often as is prescribed by rule the standards 1,403
of weight and measure used by any municipal corporation or county 1,404
within the state, and approve the same when found to be correct; 1,405
(I) Inspect and test weights and measures kept, offered, 1,407
or exposed for sale; 1,408
(J) Inspect and test to ascertain if they are correct, 1,410
weights and measures commercially used either: 1,411
(1) In determining the weight, measure, or count of 1,413
commodities or things sold, or offered or exposed for sale, on 1,414
the basis of weight, measure, or count; 1,415
(2) In computing the basic charge or payment for goods or 1,417
services rendered on the basis of weight, measure, or count. 1,418
(K) Test all weights and measures used in checking the 1,420
receipt or disbursement of supplies in every institution, for the 1,421
maintenance of which funds are appropriated by the general 1,422
assembly; 1,423
(L) Approve for use, and may mark, such weights and 1,425
measures as he THE DIRECTOR finds to be correct, and shall reject 1,427
and mark as rejected such weights and measures as he THE DIRECTOR 1,428
finds to be incorrect. Weights and measures that have been 1,429
rejected may be seized if not corrected within the time specified 1,430
or if used or disposed of in a manner not specifically 1,431
authorized, and may be condemned and seized if found to be 1,432
incorrect and not capable of being made correct. 1,433
(M) Weigh, measure, or inspect packaged commodities kept, 1,435
offered, or exposed for sale, sold, or in the process of delivery 1,436
to determine whether they contain the amounts represented and 1,437
whether they are kept, offered, or exposed for sale in accordance 1,438
with sections 1327.46 to 1327.61 of the Revised Code or rules 1,439
adopted under those sections. In carrying out this section, the 1,440
director shall employ recognized sampling procedures, such as 1,441
those designated in the national institute of standards and 1,442
technology handbook 133 "checking the net contents of packaged 1,443
goods." 1,444
33
(N) Prescribe by rule the appropriate term or unit of 1,446
weight or measure to be used, whenever he THE DIRECTOR determines 1,448
in the case of a specific commodity that an existing practice of 1,449
declaring the quantity by weight, measure, numerical count, or 1,450
combination thereof, does not facilitate value comparisons by 1,451
consumers, or offers an opportunity for consumer confusion; 1,452
(O) Allow reasonable variations from the stated quantity 1,454
of contents, which shall include those caused by unavoidable 1,455
deviations in good manufacturing practice and by loss or gain of 1,456
moisture during the course of good distribution practice, only 1,457
after the commodity has entered intrastate commerce; 1,458
(P) Provide for the weights and measures training of 1,460
inspector personnel and establish minimum training requirements, 1,461
which shall be met by all inspector personnel, whether county, 1,462
municipal, or state; 1,463
(Q) Prescribe the methods of tests and inspections to be 1,465
employed in the enforcement of sections 1327.46 to 1327.61 of the 1,466
Revised Code. The director may prescribe the official test and 1,467
inspection forms to be used. 1,468
(R) Provide by rule for voluntary registration with the 1,470
director of private weighing and measuring device servicing 1,471
agencies, and personnel; 1,472
(S) In conjunction with the national institute of 1,474
standards and technology, operate a type evaluation program for 1,475
certification of weighing and measuring devices as part of the 1,476
national type evaluation program. The director shall establish a 1,477
schedule of fees for services rendered by the department of 1,478
agriculture in operating the type evaluation program FOR TYPE 1,479
EVALUATION SERVICES. THE DIRECTOR MAY REQUIRE ANY WEIGHING OR 1,481
MEASURING INSTRUMENT OR DEVICE TO BE TRACEABLE TO A NATIONAL TYPE 1,482
EVALUATION PROGRAM CERTIFICATE OF CONFORMANCE PRIOR TO USE FOR 1,483
COMMERCIAL OR LAW ENFORCEMENT PURPOSES.
Section 2. That existing sections 917.23, 918.02, 918.04, 1,485
918.08, 918.22, 918.25, 918.28, 921.02, 921.021, 921.06, 921.07, 1,486
34
921.08, 921.09, 921.10, 921.12, 921.13, 921.16, 926.18, 926.20, 1,488
and 1327.50 of the Revised Code are hereby repealed.