As Reported by House Agriculture and Natural Resources Committee 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 645 5
1999-2000 6
REPRESENTATIVES VESPER-HARRIS-TERWILLEGER-HOOPS- 8
WIDENER-STEVENS-HOLLISTER-ASLANIDES-BUCHY-GOODING- 9
GRENDELL-PETERSON-REDFERN-WILLAMOWSKI-DISTEL 10
_________________________________________________________________ 11
A B I L L
To amend sections 917.23, 918.02, 918.04, 918.08, 13
918.22, 918.25, 918.28, 921.02, 921.021, 921.06, 14
921.07, 921.08, 921.09, 921.10, 921.12, 921.13, 15
921.16, 924.52, 926.18, 926.20, and 1327.50 and
to enact sections 924.521 and 926.141 of the 17
Revised Code to revise the statutes governing
agriculture. 18
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That sections 917.23, 918.02, 918.04, 918.08, 22
918.22, 918.25, 918.28, 921.02, 921.021, 921.06, 921.07, 921.08, 23
921.09, 921.10, 921.12, 921.13, 921.16, 924.52, 926.18, 926.20, 24
and 1327.50 be amended and sections 924.521 and 926.141 of the 25
Revised Code be enacted to read as follows: 26
Sec. 917.23. (A) With respect to cooling and storage of 36
manufacture milk, a manufacture milk producer shall do one of the 37
following:
(1) In the case of manufacture milk that is stored in cans 40
on the manufacture milk producer's farm, cool the milk to and 41
store it at a temperature of sixty degrees fahrenheit, sixteen 42
degrees celsius, or lower within two hours after completion of 44
the milking;
(2) In the case of all other manufacture milk that is 46
stored on the manufacture milk producer's farm, cool the milk and 48
store it in accordance with rules adopted by the director of
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agriculture pursuant to section 917.02 of the Revised Code. 51
(B) Manufacture milk stored in accordance with division 54
(A)(1) of this section shall be used exclusively in the 56
manufacture of cheese. The by-products created from the 57
manufacture of cheese may be used to manufacture butter and dried 58
whey products.
(C) This section does not apply to raw milk that is 61
delivered to a manufacture milk plant not later than two hours 62
after completion of milking. 63
Sec. 918.02. (A) The director of agriculture, or his THE 72
DIRECTOR'S designee, shall provide ante-mortem inspections of all 73
animals slaughtered at establishments licensed under division (A) 74
of section 918.08 of the Revised Code where and to the extent he 75
THE DIRECTOR considers it necessary. If, upon inspection, 77
symptoms of disease or other abnormal conditions which THAT would 78
render the animals unfit for human food are found, those animals 80
shall be retained or permanently and conspicuously identified 81
with an official mark indicating they have been condemned and 82
shall be disposed of in a manner prescribed by the director. 83
(B) The director shall provide post-mortem inspection to 85
the extent he THE DIRECTOR considers necessary of all animals for 87
human food in establishments licensed under division (A) of
section 918.08 of the Revised Code. The head, tongue, tail, 88
viscera, and other parts, and blood used in the preparation of 89
meat products or medicinal products shall be retained in such a 90
manner as to preserve their identity until the post-mortem 91
examination has been completed. Wholesome carcasses shall be 92
identified with an official mark indicating they have been 93
approved. Each unwholesome carcass shall be marked conspicuously 94
by the inspector at the time of inspection with an official mark 95
indicating the carcass has been condemned;, and all carcasses and 97
parts thereof thus inspected and condemned shall be destroyed for 98
food purposes by the establishment in the presence of an 99
inspector. If any carcass or any part thereof, upon examination 100
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and inspection subsequent to the first examination and 101
inspection, is found to be adulterated, it shall be destroyed for 102
food purposes by the establishment in the presence of an 103
inspector. All unborn or stillborn animals shall be condemned. 104
Carcasses of animals that have died by means other than slaughter 105
shall not be brought into any room in which meat products are 106
processed, handled, or stored. 107
(C) The director shall provide inspection of all 109
processing operations at establishments licensed under division 110
(A) of section 918.08 of the Revised Code where animal carcasses, 111
parts thereof, or meat products may be brought in and further 112
treated and prepared, and shall provide inspection and 113
supervision in processing departments to ensure that controls are 114
effective at all times. 115
(D) Establishments licensed under section 918.08 of the 117
Revised Code shall furnish satisfactory facilities and assistance 118
for ante-mortem and post-mortem inspections as required by the 119
director. The director may require operations at the 120
establishments to be conducted during reasonable hours. Licensees 121
shall inform the director in advance of intended hours of 122
operation. When one inspector is assigned to make inspections at 123
two or more establishments where few animals are slaughtered, or 124
where small quantities of meat products are prepared, the 125
director may designate the hours of the day and the days of the 126
week during which the establishment may be operated. No person 127
shall deny access to any authorized inspector upon the 128
presentation of proper identification at any reasonable time to 129
such establishments and to records pertaining to the source and 130
sale of carcasses and meat products. THE DIRECTOR SHALL ADOPT 132
RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE 134
ESTABLISHING THE RATE AT WHICH AN ESTABLISHMENT SHALL REIMBURSE
THE DIVISION OF MEAT INSPECTION FOR INSPECTION SERVICES OF MORE 137
THAN EIGHT HOURS IN ANY GIVEN DAY, OF MORE THAN FORTY HOURS IN 138
ANY GIVEN WEEK SUNDAY THROUGH SATURDAY, OR ON ANY HOLIDAY AS 139
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SPECIFIED IN DIVISION (A) OF SECTION 124.19 OF THE REVISED CODE. 140
(E) The director may limit the entry of animals, animal 142
carcasses, or parts thereof, meat food products, and other 143
materials into any establishment at which inspection is 144
maintained under Chapter 918. of the Revised Code, THIS CHAPTER 145
to ensure that allowing the entry of such articles into such 147
inspected establishments will be consistent with the purposes of 148
this chapter. 149
(F) All carcasses, parts thereof, and meat products 151
inspected at any establishment under the authority of this 152
chapter and found to be not adulterated, at the time they leave 154
the establishment, shall bear, in distinctly legible forms
directly theron or on their containers, appropriate labeling as 155
the director may require in accordance with rules adopted under 156
this chapter. No article subject to this chapter shall be sold 158
or offered for sale by any person, under any names or labeling 159
that is false or misleading.
(G) The director shall adopt and enforce sanitation rules 162
pursuant to this chapter, under which such establishments shall 163
be maintained. Where the sanitary conditions of any such 164
establishment are such that the meat product is rendered 165
adulterated, the product shall be retained and not allowed to be 166
labeled with an official mark. THE RULES PERTAINING TO SANITARY 167
CONDITIONS SHALL CONFORM WITH THE SANITATION STANDARD OPERATING 168
PROCEDURES ESTABLISHED IN TITLE 9 OF THE CODE OF FEDERAL 169
REGULATIONS AND SHALL REQUIRE THAT AN ESTABLISHMENT BE EVALUATED 170
BY DETERMINING ITS COMPLIANCE WITH THOSE PROCEDURES. IN 171
ADDITION, THE RULES SHALL REQUIRE THAT IF AN ESTABLISHMENT DOES 172
NOT HAVE A PLAN FOR A PARTICULAR PRODUCTION PROCESS UNDER ITS
HAZARD ANALYSIS CRITICAL CONTROL POINT SYSTEM AS REQUIRED IN 173
RULES, THE MEAT PRODUCT OF THE PROCESS MAY BE CONSIDERED TO BE 174
ADULTERATED AND SHALL BE RETAINED PENDING A PRODUCTION PROCESS 175
REVIEW AND NOT ALLOWED TO BE LABELED WITH AN OFFICIAL MARK. 176
Sec. 918.04. The director of agriculture shall, in 185
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accordance with Chapter 119. of the Revised Code, adopt, 186
promulgate, and enforce regulations as RULES THAT are necessary 188
to administer sections 918.01 to 918.11, inclusive, of the
Revised Code. THE DIRECTOR MAY ADOPT BY REFERENCE, IN WHOLE OR 190
IN PART, TITLE 9 OF THE CODE OF FEDERAL REGULATIONS FOR THE 192
PURPOSES OF MEETING OR EXCEEDING THE FEDERAL STANDARDS FOR MEAT
INSPECTION, INCLUDING, BUT NOT LIMITED TO, RULES GOVERNING THE 193
DEVELOPMENT AND IMPLEMENTATION OF HAZARD ANALYSIS CRITICAL 194
CONTROL POINT SYSTEMS.
Sec. 918.08. (A) Except as provided in division (E) of 203
this section, no person shall operate an establishment without 205
first licensing the establishment with the department of 206
agriculture. The owner of an establishment desiring a license 207
with the department may make application therefor on forms 208
provided by the department. If after inspection the director of 209
agriculture finds that an establishment is in compliance with 210
this chapter, he THE DIRECTOR shall notify the owner of the 211
establishment and, upon receipt of the required license fee, the 212
establishment shall be permitted to operate. The license shall 213
expire annually on the thirty-first day of March and shall be 214
renewed according to the standard renewal procedure of sections 215
4745.01 to 4745.03 of the Revised Code. 216
(B) The annual license fee for each establishment, or a 219
renewal thereof, is fifty dollars. All fees collected under this
section shall be deposited into the poultry and meat products 220
fund created in section 918.15 of the Revised Code. 221
(C) If the director determines that an establishment 223
licensed under division (A) of this section is operating in 224
violation of this chapter or the rules adopted thereunder, he THE 225
DIRECTOR shall notify the licensee in writing of the violation 227
and give the licensee ten days from the date of notice to cease 228
or correct the violation. If the violation continues after the 229
expiration of the ten-day period, the director may withdraw 230
inspection and order the establishment to cease those operations 231
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subject to this chapter. Any such order and the appeal therefrom 232
shall be governed by Chapter 119. of the Revised Code.
(D) IF AN INSPECTOR DETERMINES THAT AN ESTABLISHMENT 234
LICENSED UNDER DIVISION (A) OF THIS SECTION IS OPERATING IN 235
VIOLATION OF SECTIONS 918.01 TO 918.12 OF THE REVISED CODE AND 236
RULES ADOPTED UNDER THOSE SECTIONS, THE INSPECTOR SHALL NOTIFY 237
THE LICENSEE IN WRITING OF THE VIOLATION. THE INSPECTOR
IMMEDIATELY MAY IMPOSE PROGRESSIVE ENFORCEMENT ACTIONS, INCLUDING 238
WITHHOLDING THE MARK OF INSPECTION, SUSPENSION OF INSPECTION, AND 239
SUSPENSION OF INSPECTION HELD IN ABEYANCE. THE PROGRESSIVE 240
ENFORCEMENT ACTIONS MAY BE TAKEN PRIOR TO AFFORDING THE LICENSEE 241
AN OPPORTUNITY FOR A HEARING. AS AUTHORIZED IN DIVISION (C) OF 242
SECTION 119.06 OF THE REVISED CODE, A DECISION TO IMPOSE AN
ENFORCEMENT ACTION IS IMMEDIATELY APPEALABLE TO A HIGHER 243
AUTHORITY WITHIN THE DEPARTMENT WHO IS CLASSIFIED BY THE DIRECTOR 244
AS A DISTRICT SUPERVISOR AND WHO IS DESIGNATED BY THE DIRECTOR TO 245
HEAR THE APPEAL. IF THE DISTRICT SUPERVISOR AFFIRMS THE 246
ENFORCEMENT ACTION OF THE INSPECTOR, THE LICENSEE MAY APPEAL THE
ENFORCEMENT ACTION IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED 247
CODE.
AS USED IN THIS DIVISION, "SUSPENSION OF INSPECTION HELD IN 249
ABEYANCE" MEANS A PERIOD OF TIME DURING WHICH A SUSPENSION OF 250
INSPECTION IS LIFTED BECAUSE AN ESTABLISHMENT HAS PRESENTED THE 251
DIRECTOR WITH A CORRECTIVE ACTION PLAN THAT, IF IMPLEMENTED 252
PROPERLY, WOULD BRING THE ESTABLISHMENT INTO COMPLIANCE WITH THIS 253
CHAPTER.
(E) If in the opinion of the director the establishment is 255
being operated under such insanitary conditions as to be a hazard 256
to public health, OR IF THE DIRECTOR DETERMINES THAT AN 257
ESTABLISHMENT IS NOT IN COMPLIANCE WITH ITS HAZARD ANALYSIS 258
CRITICAL CONTROL POINT SYSTEM AS REQUIRED BY RULES, the director 259
may condemn or retain the product on hand and immediately 260
withdraw inspection from the establishment until the insanitary 261
conditions are corrected OR UNTIL THE ESTABLISHMENT IS IN 262
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COMPLIANCE WITH ITS HAZARD ANALYSIS CRITICAL CONTROL POINT 263
SYSTEM, AS APPLICABLE.
(E)(F) Any person operating an establishment as defined in 265
section 918.01 of the Revised Code who also operates on the same 267
premises an establishment as defined in section 918.21 of the 268
Revised Code shall apply either for licensure under section 269
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 270
determine.
Sec. 918.22. (A) The director of agriculture shall 279
provide inspection and supervision of all processing operations 280
at establishments licensed under section 918.28 of the Revised 281
Code and make ante-mortem inspections of poultry to the extent he 282
THE DIRECTOR considers necessary to assure a wholesome product. 283
Whenever processing operations are being conducted, the 285
director shall make post-mortem inspection of the carcass of each 286
bird processed at such establishment, and at any time may order 287
such quarantine, segregation, retention, or reinspection as is 288
determined necessary of poultry and poultry products capable of 289
use as human food. If, upon inspection, symptoms of disease or 290
other conditions are found which THAT would render the poultry or 292
poultry products unwholesome or unfit for human food, such 293
poultry or poultry products shall be condemned, identified, and 294
disposed of as required by regulations RULES adopted under 295
section 918.25 of the Revised Code. 297
(B) Establishments licensed under section 918.28 of the 299
Revised Code shall: 300
(1) Furnish satisfactory facilities and assistance for 302
inspectors as required by the director; 303
(2) Operate such establishments during reasonable hours; 305
(3) Keep the director informed in advance of intended 307
hours of operation; 308
(4) Accept times of operation as designated by the 310
director when the volume processed at a plant is so small as to 311
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require only a part-time inspector to be on duty at the plant; 312
(5) REIMBURSE THE DIVISION OF MEAT INSPECTION FOR 314
INSPECTION SERVICES OF MORE THAN EIGHT HOURS IN ANY GIVEN DAY, OF 315
MORE THAN FORTY HOURS IN ANY GIVEN WEEK SUNDAY THROUGH SATURDAY, 316
OR ON ANY HOLIDAY AS SPECIFIED IN DIVISION (A) OF SECTION 124.19 317
OF THE REVISED CODE AT A RATE ESTABLISHED IN RULES ADOPTED BY THE 318
DIRECTOR UNDER CHAPTER 119. OF THE REVISED CODE.
Sec. 918.25. The director of agriculture shall, subject to 327
IN ACCORDANCE WITH Chapter 119. of the Revised Code, promulgate, 328
adopt, and enforce regulations RULES as necessary for the 330
implementation, administration, and enforcement of sections 332
918.21 to 918.31, inclusive, of the Revised Code. Such 333
regulations THE DIRECTOR MAY ADOPT BY REFERENCE, IN WHOLE OR IN 334
PART, TITLE 9 OF THE CODE OF FEDERAL REGULATIONS FOR THE PURPOSES 335
OF MEETING OR EXCEEDING THE FEDERAL STANDARDS FOR MEAT 336
INSPECTION, INCLUDING, BUT NOT LIMITED TO, RULES GOVERNING THE 337
DEVELOPMENT AND IMPLEMENTATION OF HAZARD ANALYSIS CRITICAL
CONTROL POINT SYSTEMS. THE RULES ADOPTED UNDER THIS SECTION 338
shall provide for the protection of the public health, safety, 340
and welfare and for maximum coordination and cooperation between 341
state and federal programs for regulation of poultry and poultry 342
products, and may include the following: 343
(A) Exemption of certain products as "poultry products" 345
under the definition in section 918.21 of the Revised Code; 346
(B) Provision for the retention, identification, and 348
disposal of condemned poultry and poultry products and for the 349
identification of approved products; 350
(C) Sanitary requirements for premises, facilities, and 352
equipment, for the operation thereof, and for the storage and 353
handling of poultry and poultry products in establishments 354
licensed under section 918.28 of the Revised Code;. THE RULES 356
PERTAINING TO SANITARY CONDITIONS SHALL CONFORM WITH THE
SANITATION STANDARD OPERATING PROCEDURES IN TITLE 9 OF THE CODE 358
OF FEDERAL REGULATIONS AND SHALL REQUIRE THAT AN ESTABLISHMENT BE 359
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EVALUATED BY DETERMINING ITS COMPLIANCE WITH THOSE PROCEDURES. 360
(D) Requirements for maintenance of records under section 362
918.24 of the Revised Code; 363
(E) Procedures for application and licensing, and the 365
revocation and suspension of licenses; 366
(F) Requirements for marking and attaching the information 368
required by section 918.31 of the Revised Code, including 369
specific styles, legibility and size of type, method of affixing, 370
variations, and exemptions; 371
(G) Such other regulations RULES as are necessary for THE 374
proper administration, implementation, and enforcement of 375
sections 918.21 to 918.31, inclusive, of the Revised Code, 376
INCLUDING RULES REQUIRING THAT AN INSPECTION OF AN 377
ESTABLISHMENT'S SLAUGHTER AND PROCESSING OPERATIONS BE CONDUCTED 378
IN ACCORDANCE WITH THE ESTABLISHMENT'S HAZARD ANALYSIS CRITICAL 379
CONTROL POINT SYSTEM. IN ADDITION, THE RULES SHALL REQUIRE THAT
IF AN ESTABLISHMENT DOES NOT HAVE A PLAN FOR A PARTICULAR 380
PRODUCTION PROCESS UNDER ITS HAZARD ANALYSIS CRITICAL CONTROL 381
POINT SYSTEM AS REQUIRED IN RULES, THE POULTRY PRODUCT OF THE 382
PROCESS MAY BE CONSIDERED TO BE ADULTERATED AND SHALL BE RETAINED 383
PENDING A PRODUCTION PROCESS REVIEW AND NOT ALLOWED TO BE LABELED 384
WITH AN OFFICIAL MARK.
Sec. 918.28. (A) Except as provided in division (E)(F) of 393
section 918.08 of the Revised Code, application for a license to 395
operate an establishment shall be made to the director of 396
agriculture on forms provided by the department. The director 397
shall inspect the establishment and if, upon inspection, the
establishment is found to be in compliance with sections 918.21 398
to 918.31 of the Revised Code, and rules promulgated thereunder 399
ADOPTED UNDER IT, the director shall so notify the owner of the 401
establishment and, upon receipt of the annual license fee of 402
fifty dollars, shall issue him THE OWNER a license. The license 403
shall expire on the thirty-first day of March of each year and
shall be renewed according to the standard renewal procedures of 404
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sections 4745.01 to 4745.03 of the Revised Code. 405
(B) If the director determines that an establishment 407
licensed under this section is operating in violation of sections 408
918.21 to 918.31 of the Revised Code, or a rule or order ADOPTED 409
OR made under authority thereof, he THE DIRECTOR shall notify the 411
licensee in writing of the violation, giving him THE LICENSEE ten 412
days from the date of the notice to correct the conditions 413
causing the violation. If the conditions are not corrected
within the ten-day period, the director may revoke or suspend the 414
license in conformance ACCORDANCE with Chapter 119. of the 415
Revised Code.
(C) IF AN INSPECTOR DETERMINES THAT AN ESTABLISHMENT 417
LICENSED UNDER DIVISION (A) OF THIS SECTION IS OPERATING IN 418
VIOLATION OF SECTIONS 918.21 TO 918.31 OF THE REVISED CODE AND 419
RULES ADOPTED UNDER THOSE SECTIONS, THE INSPECTOR SHALL NOTIFY 420
THE LICENSEE IN WRITING OF THE VIOLATION. THE INSPECTOR 421
IMMEDIATELY MAY IMPOSE PROGRESSIVE ENFORCEMENT ACTIONS, INCLUDING
WITHHOLDING THE MARK OF INSPECTION, SUSPENSION OF INSPECTION, AND 422
SUSPENSION OF INSPECTION HELD IN ABEYANCE. THE PROGRESSIVE 423
ENFORCEMENT ACTIONS MAY BE TAKEN PRIOR TO AFFORDING THE LICENSEE 424
AN OPPORTUNITY FOR A HEARING. AS AUTHORIZED IN DIVISION (C) OF 425
SECTION 119.06 OF THE REVISED CODE, A DECISION TO IMPOSE AN 426
ENFORCEMENT ACTION IS IMMEDIATELY APPEALABLE TO A HIGHER
AUTHORITY WITHIN THE DEPARTMENT WHO IS CLASSIFIED BY THE DIRECTOR 427
AS A DISTRICT SUPERVISOR AND WHO IS DESIGNATED BY THE DIRECTOR TO 428
HEAR THE APPEAL. IF THE DISTRICT SUPERVISOR AFFIRMS THE 429
ENFORCEMENT ACTION OF THE INSPECTOR, THE LICENSEE MAY APPEAL THE 430
ENFORCEMENT ACTION IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED 431
CODE.
AS USED IN THIS DIVISION, "SUSPENSION OF INSPECTION HELD IN 433
ABEYANCE" MEANS A PERIOD OF TIME DURING WHICH A SUSPENSION OF 434
INSPECTION IS LIFTED BECAUSE AN ESTABLISHMENT AS PRESENTED THE 435
DIRECTOR WITH A CORRECTIVE ACTION PLAN THAT, IF IMPLEMENTED 436
PROPERLY, WOULD BRING THE ESTABLISHMENT INTO COMPLIANCE WITH THIS 437
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CHAPTER.
(D) If in the opinion of the director the establishment is 439
being operated under such insanitary conditions as to be a hazard 440
to public health, OR IF THE DIRECTOR DETERMINES THAT AN 441
ESTABLISHMENT IS NOT IN COMPLIANCE WITH ITS HAZARD ANALYSIS 442
CRITICAL CONTROL POINT SYSTEM AS REQUIRED BY RULES, the director 443
may condemn or retain the product on hand and immediately 444
withdraw inspection from the plant until such time as the 445
insanitary conditions are corrected OR UNTIL THE ESTABLISHMENT IS 446
IN COMPLIANCE WITH ITS HAZARD ANALYSIS CRITICAL CONTROL POINT 447
SYSTEM, AS APPLICABLE.
Sec. 921.02. (A) Each pesticide that is distributed 456
within this state shall be registered with the director of 457
agriculture subject to sections 921.01 to 921.29 of the Revised 458
Code. The holder of the registration shall renew his 459
registration annually prior to the first day of January and each 461
registration expires on the thirty-first day of December of any 462
one year REGISTRATIONS SHALL BE ISSUED FOR A PERIOD OF TIME 463
ESTABLISHED BY RULE AND SHALL BE RENEWED IN ACCORDANCE WITH
DEADLINES ESTABLISHED BY RULE. Registration is not required if a 464
pesticide is shipped from one plant or warehouse to another plant 466
or warehouse operated by the same person and used solely at that 467
plant or warehouse as a constituent part to make a pesticide 468
which THAT is registered under sections 921.01 to 921.29 of the 470
Revised Code, or if the pesticide is distributed under the 471
provisions of an experimental use permit issued under section 472
921.03 of the Revised Code or an experimental use permit issued 473
by the United States environmental protection agency. 474
(B) The applicant for registration of a pesticide shall 476
file a statement with the director on a form provided by him THE 477
DIRECTOR, which shall include all of the following: 479
(1) The name and address of the applicant and the name and 481
address of the person whose name will appear on the label, if 482
other than the applicant's name; 483
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(2) The brand and product name of the pesticide; 485
(3) Any necessary information required for completion of 487
the department of agriculture's application for registration, 488
including the agency registration number; 489
(4) A complete copy of the labeling accompanying the 491
pesticide and a statement of all claims to be made for it, 492
including the directions for use and the use classification as 493
provided for in the federal act. 494
(C) The director, when he THE DIRECTOR considers it 496
necessary in the administration of sections 921.01 to 921.29 of 498
the Revised Code, may require the submission of the complete 500
formula of any pesticide including the active and inert
ingredients. 501
(D) The director may require a full description of the 503
tests made and the results thereof upon which the claims are 504
based for any pesticide. The director shall not consider any 505
data submitted in support of an application, without permission 507
of the applicant, in support of any other application for 509
registration unless the other applicant first has offered to pay 510
reasonable compensation for producing the test data to be relied 511
upon and the data are not protected from disclosure by section 512
921.04 of the Revised Code. In the case of a renewal of 513
registration, a statement shall be required only with respect to 514
information which THAT is different from that furnished when the 515
pesticide was registered or last registered.
(E) The director may require any other information to be 517
submitted with an application. 518
Any applicant may designate any portion of the required 520
registration information as a trade secret or confidential 521
business information. Upon receipt of any required registration 522
information designated as a trade secret or confidential business 523
information, the director shall consider the designated 524
information as confidential and shall not reveal or cause to be 525
revealed any such designated information without the consent of 526
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the applicants, except to persons directly involved in the 527
registration process described in this section or as required by 528
law. 529
(F) Each applicant shall pay an annual A registration and 530
inspection fee of fifty dollars PER YEAR for each product name 531
and brand registered for the company whose name appears on the 533
label. If an applicant files FOR a renewal application OF 534
REGISTRATION after the thirty-first day of January of any year 536
THE DEADLINE ESTABLISHED BY RULE, the applicant shall pay a 537
penalty fee of twenty-five dollars for each product name and 538
brand registered for the applicant. The penalty fee shall be 539
added to the original fee and paid before the renewal 540
registration is issued. In addition to any other remedy 541
available under sections 921.01 to 921.29 of the Revised Code, if 542
a pesticide that is not registered pursuant to this section is 544
distributed within this state, the person required to register 545
the pesticide shall do so and shall pay a penalty fee of 546
twenty-five dollars for each product name and brand registered 547
for the applicant. The penalty fee shall be added to the 548
original fee and paid before the registration is issued. 549
(G) Provided THAT the state is certified by the 551
administrator of the United States environmental protection 552
agency to register pesticides to meet special local needs, the 553
director shall require the information set forth under divisions 554
(B), (C), (D), and (E) of this section and shall register any 555
such pesticide if he determines AFTER DETERMINING that all of the 556
following conditions are met: 557
(1) Its composition is such as to warrant the proposed 559
claims for it;. 560
(2) Its labeling and other material required to be 562
submitted comply with the requirements of the federal act and of 563
sections 921.01 to 921.29 of the Revised Code, and rules adopted 564
thereunder;. 565
(3) It will perform its intended function without 567
14
unreasonable adverse effects on the environment;. 568
(4) When used in accordance with widespread and commonly 570
recognized practice, it will not generally cause unreasonable 571
adverse effects on the environment;. 572
(5) The classification for general or restricted use is in 574
conformity with the federal act. 575
The director shall not make any lack of essentiality a 577
criterion for denying the registration of any pesticide. When 578
two pesticides meet the requirements of this division, he THE 579
DIRECTOR shall not register one in preference to the other. 581
Sec. 921.021. (A) No person shall own or operate a 590
pesticide application business without obtaining a license for 591
each location owned or operated by him THE PERSON in the state 592
from the director of agriculture. The license shall be renewed 594
annually prior to the first day of March and shall expire on the 595
last day of February LICENSES SHALL BE ISSUED FOR A PERIOD OF 597
TIME ESTABLISHED BY RULE AND SHALL BE RENEWED IN ACCORDANCE WITH 598
DEADLINES ESTABLISHED BY RULE.
(B) Any person who owns or operates a pesticide 600
application business outside of this state, but engages in the 601
business of applying pesticides to properties of another for hire 602
in this state, shall obtain a license for his THE PERSON'S 603
principal out-of-state location from the director. 605
(C) The person applying for a pesticide application 607
business license shall file a statement with the director, on a 608
form provided by the director, which THAT shall include any 609
information that the director determines necessary and that he 610
THE DIRECTOR requires by rule. Each applicant shall pay an 612
annual A license fee of twenty dollars PER YEAR for each 614
pesticide application business license he THE APPLICANT is 616
required to obtain.
(D) The owner or operator of a pesticide application 618
business shall employ at least one licensed custom applicator for 619
each pesticide application business location he THE OWNER OR 620
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OPERATOR owns or operates. 621
(E) The owner or operator of a pesticide application 623
business is responsible for the acts of each employee in the 624
handling, application, and use of pesticides. The pesticide 625
application business license is subject to denial, suspension, or 626
revocation after a hearing for any violation of sections 921.01 627
to 921.29 of the Revised Code, if it is determined that the owner 628
or operator ratified or knowingly or negligently permitted any 629
officer, employee, or agent to commit the violations. The 630
director also may levy against the owner or operator any civil 631
penalties authorized by division (B) of section 921.16 of the 632
Revised Code for any violation of sections 921.02 through TO 633
921.29 of the Revised Code for any violation of those sections 635
committed by the owner or operator or any officer, employee, or 636
agent. For purposes of this division, an owner or operator is 637
deemed to have ratified violations committed by any officer, 638
employee, or agent if collectively his THE officers, employees, 639
or agents commit three violations of a high or moderate level of 641
severity in accordance with established department enforcement 642
guidelines that relate directly to the storage, preparation, 643
handling, distribution, or application of pesticides, or any 644
violation involving fraud, within a twenty-four-month period. 645
(F) The director may deny a pesticide application business 647
license to any current owner, operator, officer, or agent whose 648
pesticide application business license has been revoked within 649
the previous thirty-six months. 650
(G) The director shall adopt any rules necessary to 652
administer and enforce this section. 653
Sec. 921.06. (A) No individual shall act as or hold 662
himself ONESELF out to the public as being a custom applicator 664
without having a custom applicator license ISSUED BY THE DIRECTOR 665
OF AGRICULTURE. THE INDIVIDUAL SHALL OBTAIN AN ADDITIONAL 666
LICENSE for each pesticide application business location for 667
which he THE INDIVIDUAL is the commercial applicator of record or 669
16
from which he works issued by the director of agriculture. 670
LICENSES SHALL BE ISSUED FOR A PERIOD OF TIME ESTABLISHED BY RULE 671
AND SHALL BE RENEWED IN ACCORDANCE WITH DEADLINES ESTABLISHED BY 672
RULE. The annual fee for each such license is one hundred 674
dollars PER YEAR to be submitted with the application. If a 675
license is not issued or renewed, the application fee shall be 676
retained by the state as payment for reasonable expense of 677
processing the application. The director shall by rule classify 678
by categories licenses to be issued under this section. No 679
individual shall be required to pay an additional license fee if 680
he THE INDIVIDUAL is licensed for more than one category, but he 682
THE INDIVIDUAL shall pay a AN ADDITIONAL license fee for each 683
pesticide application business location for which he works THE 685
INDIVIDUAL IS THE COMMERCIAL APPLICATOR OF RECORD. 686
(B) Application for a custom applicator license shall be 688
made on a form prescribed by the director. Each application for 689
a license shall state the applicant's qualifications and proposed 690
operation, license category or categories for which the applicant 691
is applying, and other information that the director determines 692
essential to the administration of sections 921.01 to 921.29 of 693
the Revised Code. 694
(C) If the director finds that the applicant is qualified 696
to apply pesticides and meets the requirements of section 921.10 698
of the Revised Code, the director shall issue a custom applicator 699
license limited to the categories for which the applicant is
qualified. Such a license expires annually on the last day of 700
February. Custom applicators, upon obtaining a valid license 701
under this section, are certified applicators for the purpose of 702
applying or directly supervising the use of restricted use 703
pesticides pertinent to their respective categories. 704
Sec. 921.07. (A) No individual other than an individual 713
licensed as a custom applicator shall act as a custom operator 714
without having a custom operator license issued by the director 715
of agriculture. LICENSES SHALL BE ISSUED FOR A PERIOD OF TIME 716
17
ESTABLISHED BY RULE AND SHALL BE RENEWED IN ACCORDANCE WITH 717
DEADLINES ESTABLISHED BY RULE. The director shall by rule 719
classify, by category, licenses to be issued under this section. 720
No individual shall be required to pay an additional license fee 721
if he THE INDIVIDUAL is licensed for more than one category. The 723
annual fee for a custom operator license is thirty dollars PER 724
YEAR and shall be submitted with the application. If a license 725
is not issued or renewed, the fee submitted shall be retained by 726
the state as payment for reasonable expenses of processing the 727
application. 728
(B) Application for a custom operator license shall be 730
made on a form prescribed by the director. Each application for 731
a license shall state the applicant's qualifications and the type 732
of operation, license category or categories for which the 733
applicant is applying, and other information that the director 734
determines essential to the administration of sections 921.01 to 735
921.29 of the Revised Code. 736
(C) If the director finds that the applicant is qualified, 738
he THE DIRECTOR shall issue a custom operator license limited to 740
the category for which the applicant is qualified. Each such 741
license expires annually on the last day of February. Custom 743
operators, upon obtaining a valid license under this section, are 744
certified applicators for the purpose of applying or directly 745
supervising the use of restricted use pesticides pertinent to 746
their respective categories.
Sec. 921.08. (A) Every state agency, municipal 755
corporation, and every other governmental agency and political 756
subdivision is subject to sections 921.01 to 921.29 of the 757
Revised Code and the rules adopted thereunder with respect to the 758
application of pesticides. 759
(B) No individual shall act as a public operator without 761
having a public operator license issued by the director of 762
agriculture. LICENSES SHALL BE ISSUED FOR A PERIOD OF TIME 763
ESTABLISHED BY RULE AND SHALL BE RENEWED IN ACCORDANCE WITH 764
18
DEADLINES ESTABLISHED BY RULE. The director shall by rule 766
classify, by categories, licenses to be issued under this 767
section.
(C) An individual shall apply to the director for a public 769
operator license on a form prescribed by the director. Each 770
application for a license shall state the license category or 771
categories for which the applicant is applying, and any other 772
information that the director determines essential to the 773
administration of sections 921.01 to 921.29 of the Revised Code. 774
(D) If the director finds AFTER FINDING that the applicant 776
is qualified, upon payment of a twenty-dollar annual license fee 778
PER YEAR, he THE DIRECTOR shall issue a public operator license, 780
limited to the category for which the applicant is qualified. 781
The twenty-dollar annual license and renewal fee does not apply 783
to any applicant who is an employee of the department of
agriculture. Each license shall expire annually on the last day 785
of February. If a license is not issued or renewed, the fee 786
submitted shall be retained by the state as payment for 787
reasonable expenses of processing the application. Public
operators, upon obtaining a valid license under this section, are 789
certified applicators for the purpose of applying or directly
supervising the use of restricted use pesticides pertinent to 790
their respective categories. 791
Sec. 921.09. (A) The director shall require each 800
applicant for a license under sections 921.06, 921.07, 921.08, 801
and 921.12 of the Revised Code to be examined on his THE 802
APPLICANT'S knowledge and competency in the proper use, handling, 803
and application of pesticides in the categories for which he THE 804
APPLICANT has applied. 805
(B) Each application for renewal of a license provided for 807
in section 921.06, 921.07, 921.08, or 921.12 of the Revised Code, 808
shall be filed prior to the first day of March of any year 809
DEADLINE ESTABLISHED BY RULE. If filed thereafter, a penalty of 810
fifty per cent shall be assessed the custom applicator and the 811
19
custom operator and added to the original fee and shall be paid 812
by the applicant before the renewal license is issued. However, 813
if the A license or certification issued under sections SECTION 815
921.06, 921.07, 921.08, and OR 921.12 of the Revised Code is not 816
renewed within one year of THE date of expiration, then such 817
licensee or certificate holder shall be required to take another 819
examination.
(C) The holder of a custom applicator license, custom 821
operator license, limited commercial applicator license, or 822
public operator license may renew such license within one year of 823
date of expiration without re-examination unless the director 824
determines that a new examination is necessary to insure that 825
they continue THE HOLDER CONTINUES to meet the requirements of 826
changing technology and to assure a continuing level of 827
competence and ability to use pesticides safely and properly. 828
(D) The director shall determine when re-examination for 830
recertification of private applicators is required to insure that 831
private applicators continue to meet the requirements of changing 832
technology and to assure a continuing level of competence and 833
ability to use pesticides safely and properly.
Sec. 921.10. (A) The director of agriculture shall not 842
issue a custom applicator license or limited commercial 843
applicator license PESTICIDE APPLICATION BUSINESS LICENSE until 844
the applicant has submitted to the director either surety bond, 845
an effective liability insurance policy, or such other evidence 847
of financial responsibility as the director determines necessary. 849
The director shall establish by rule, in accordance with Chapter 850
119. of the Revised Code, the amount and condition of such surety 851
bond, liability insurance, or other evidence of financial 852
responsibility required. Such requirements shall be based upon 853
the category and operation of the applicant. 854
(B) Should the evidence of financial responsibility expire 856
without renewal prior to the expiration of the license, the 857
license of the custom applicator PESTICIDE APPLICATION BUSINESS 858
20
is automatically suspended. 859
(C) Should the evidence of financial responsibility 861
furnished become unsatisfactory, the custom applicator PESTICIDE 862
APPLICATION BUSINESS shall upon notice immediately execute 863
evidence of financial responsibility meeting the requirements of 864
this section or its APPLICABLE rules, and should he THE PESTICIDE 866
APPLICATION BUSINESS fail to do so, the director shall suspend 867
his THE PESTICIDE APPLICATION BUSINESS'S license and give him THE 869
BUSINESS notice of such suspension. 870
(D) The licensee to whom a suspension order is issued 872
shall be afforded a hearing in accordance with Chapter 119. of 873
the Revised Code, after which the director shall reinstate or 874
revoke the suspended license.
(E) Nothing in this chapter shall be construed to relieve 876
any person from liability for any damage to the person or lands 877
of another caused by the use of pesticides even though such use 878
conforms to the rules.
Sec. 921.12. (A) No individual shall act as a limited 887
commercial applicator without first having obtained a limited 888
commercial applicator license from the director of agriculture. 889
LICENSES SHALL BE ISSUED FOR A PERIOD OF TIME ESTABLISHED BY RULE 890
AND SHALL BE RENEWED IN ACCORDANCE WITH DEADLINES ESTABLISHED BY 891
RULE. The annual fee for the license is fifty dollars PER YEAR 892
and shall be submitted with the application. If the license is 895
not issued or renewed, the state shall retain the application fee 896
as payment for reasonable expenses of processing the application. 897
If the license is not renewed prior to the first day of March 898
each year DEADLINE ESTABLISHED BY RULE, the licensee shall pay a 900
penalty of twenty-five dollars for late filing. The categories 901
of licenses shall be the same as for custom applicators, and the 902
examinations shall be the same as or equivalent to those for 903
custom applicators. No individual is required to pay an 904
additional license fee if he THE INDIVIDUAL is licensed for more 906
than one category.
21
(B) An individual shall apply to the director for a 908
limited commercial applicator license, on a form prescribed by 910
the director. Each application for a license shall state the 911
applicant's qualifications and proposed operation, license 912
category or categories for which the applicant is applying, and 913
any other information that the director determines essential to 914
the administration of sections 921.01 to 921.29 of the Revised 915
Code.
(C) If the director finds that the applicant is qualified 917
to apply pesticides and meets the requirements of section 921.10 919
of the Revised Code, he THE DIRECTOR shall issue a limited 920
commercial applicator license limited to the categories for which 921
the applicant is qualified. The license expires annually on the 922
last day of February. Limited commercial applicators, upon 923
obtaining a valid license under this section, are certified 924
applicators for the purpose of applying or directly supervising 925
the manner of use and the type of general and restricted use 926
pesticides pertinent to their respective categories. 927
(D) The employer of a limited commercial applicator, or 929
the limited commercial applicator himself, if he is 931
self-employed, is subject to section 921.10 of the Revised Code; 932
however, the director shall determine by rule the financial 933
responsibility requirement for each category independently of 935
those for custom applicators and he may waive that requirement 937
for any or all categories. 938
(E) The director shall designate by rule the manners of 940
use and types of restricted use pesticides and general use 942
pesticides that an individual licensed as a limited commercial 943
applicator may use.
Sec. 921.13. (A) Any person who is acting in the capacity 952
of a pesticide dealer or who advertises or assumes to act as a 953
pesticide dealer at any time shall obtain a pesticide dealer 954
license from the director of agriculture. The license expires on 955
the last day of February of each year LICENSES SHALL BE ISSUED 957
22
FOR A PERIOD OF TIME ESTABLISHED BY RULE AND SHALL BE RENEWED IN 958
ACCORDANCE WITH DEADLINES ESTABLISHED BY RULE. A license is 959
required for each location or outlet within this state from which 960
the person distributes pesticides. 961
Any pesticide dealer who has no pesticide dealer outlets in 963
this state and who distributes restricted use pesticides directly 965
into this state shall obtain a pesticide dealer license from the 966
director for his THE PESTICIDE DEALER'S principal out-of-state 967
location or outlet and for each sales person operating in the
state. 968
The applicant shall include a twenty-five dollar license 970
fee with his THE application for a license. The application 971
shall be made on a form prescribed by the director. 973
Each pesticide dealer shall submit records to the director 975
of all of the restricted use pesticides he THE PESTICIDE DEALER 976
has distributed, as specified by the director, and duplicate 977
records shall be retained by the pesticide dealer for a period of 978
time established by rules.
(B) This section does not apply to a custom applicator who 981
exclusively sells pesticides only as an integral part of his THE
CUSTOM APPLICATOR'S pesticide application business when the 983
pesticides are dispensed only through equipment used for the 984
pesticide application or to any federal, state, county, or 985
municipal agency that provides pesticides for its own programs. 986
(C) Each licensed pesticide dealer is responsible for the 989
acts of each employee in the solicitation and sale of pesticides 990
and all claims and recommendations for use of pesticides. The 991
pesticide dealer's license is subject to denial, suspension, or 992
revocation after a hearing for any violation of sections 921.01 993
to 921.29 of the Revised Code whether committed by the pesticide 994
dealer or by the pesticide dealer's officer, agent, or employee. 995
Sec. 921.16. (A) The director of agriculture shall adopt 1,004
rules he THE DIRECTOR determines necessary for the effective 1,005
enforcement and administration of sections 921.01 to 921.29 of 1,007
23
the Revised Code. The rules may relate to, but are not limited 1,008
to, the time, place, manner, and methods of application, 1,010
materials, and amounts and concentrations of application of 1,011
pesticides, may restrict or prohibit the use of pesticides in 1,012
designated areas during specified periods of time, and shall 1,013
encompass all reasonable factors that the director determines 1,014
necessary to minimize or prevent damage to the environment. IN 1,015
ADDITION, THE RULES SHALL ESTABLISH THE DEADLINES AND TIME
PERIODS FOR REGISTRATION AND REGISTRATION RENEWAL UNDER SECTION 1,016
921.02 OF THE REVISED CODE, THE DEADLINES AND TIME PERIODS FOR 1,017
LICENSURE AND LICENSE RENEWAL UNDER SECTIONS 921.021, 921.06, 1,018
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 1,019
CODE.
(B) The director shall adopt rules that establish a 1,021
schedule of civil penalties for violations of sections 921.01 to 1,022
921.29 of the Revised Code, or any rule or order adopted or 1,023
issued under those sections, provided that the civil penalty for 1,024
a first violation shall not exceed five thousand dollars and the 1,025
civil penalty for each subsequent violation shall not exceed ten 1,026
thousand dollars. In determining the amount of a civil penalty 1,027
for a violation, the director shall consider factors relevant to 1,028
the severity of the violation, including past violations and the 1,029
amount of actual or potential damage to the environment or to 1,030
human beings. 1,031
(C) The director shall adopt rules that set forth the 1,033
conditions under which he THE DIRECTOR: 1,034
(1) Requires that notice or posting be given of a proposed 1,036
application of a pesticide; 1,037
(2) Requires a permit to apply a restricted use pesticide; 1,039
(3) Requires inspection, condemnation, or repair of 1,041
equipment used to apply a pesticide; 1,042
(4) Will suspend, revoke, or refuse to issue any pesticide 1,044
registration for a violation of sections 921.01 to 921.29 of the 1,046
24
Revised Code;
(5) Requires safe handling, transportation, storage, 1,048
display, distribution, and disposal of pesticides and their 1,049
containers; 1,050
(6) Ensures the protection of the health and safety of 1,052
agricultural workers storing, handling, or applying pesticides, 1,053
and all residents of agricultural labor camps, as that term is 1,054
defined in section 3733.41 of the Revised Code, who are living or 1,055
working in the vicinity of pesticide-treated areas; 1,056
(7) Requires a record to be kept of all pesticide 1,058
applications made by each licensed custom applicator, limited 1,059
commercial applicator, and public operator and of all restricted 1,060
use pesticide applications made by each certified private 1,061
applicator; 1,062
(8) Determine DETERMINES those categories of applicators 1,064
who conduct diagnostic inspections or who offer pest control 1,066
services that must be performed by a certified commercial 1,067
applicator and for which written records are required.
(D) The director shall prescribe standards for the 1,069
certification of applicators of pesticides consistent with those 1,070
prescribed by the federal act and the regulations adopted 1,071
thereunder. The standards may relate to the use and handling of 1,072
pesticides or to the use and handling of the pesticide or class 1,073
of pesticide uses covered by the individual's certification, and
shall relate to the hazards involved and the use experience. 1,074
The director shall take into consideration standards of the 1,076
United States environmental protection agency. 1,077
(E) The director may adopt rules setting forth the 1,079
conditions under which he THE DIRECTOR will: 1,080
(1) Collect and examine samples of pesticides or devices; 1,082
(2) Specify classes of devices which THAT shall be subject 1,084
to this chapter; 1,085
(3) Prescribe other necessary registration information. 1,087
(F) The director may adopt rules to designate, in 1,089
25
addition to those restricted uses so classified by the 1,091
administrator of the United States environmental protection
agency, restricted uses of pesticides for the state or for 1,093
designated areas within the state and, if he THE DIRECTOR 1,094
considers it necessary, to further restrict such use. 1,095
(G) The director shall not adopt any rule under sections 1,097
921.01 to 921.29 of the Revised Code that meets either of the 1,098
following:
(1) Permits any pesticide use that is prohibited by the 1,100
federal act and regulations or orders issued thereunder; 1,101
(2) As to certified applicators of restricted use 1,103
pesticides as designated under the federal act, and rules adopted 1,105
as to experimental use permits as authorized by the federal act, 1,106
is inconsistent with the requirements of the federal act and 1,107
regulations promulgated ADOPTED thereunder. 1,108
(H) The director, after notice and opportunity for 1,110
hearing, may declare as a pest any form of plant or animal life, 1,112
other than man HUMAN BEINGS and other than bacteria, viruses, and 1,113
other microorganisms on or in living man HUMAN BEINGS or other 1,114
living animals, that is injurious to health or the environment. 1,116
(I) The director may make reports to the environmental 1,119
protection agency, in the form and containing the information the 1,120
agency may require.
(J) The director shall establish ADOPT rules for the 1,122
application, use, storage, and disposal of pesticides if, in his 1,124
THE DIRECTOR'S judgment, existing programs of the United States 1,126
environmental protection agency, necessitate such rules or
pesticide labels do not sufficiently address issues or situations 1,127
identified by the department of agriculture or interested state 1,128
agencies. The director may develop and enter into cooperative 1,129
agreements with other state agencies for the purpose of 1,130
developing and implementing voluntary or mandatory pesticide
management plans that are designed to prevent unreasonable 1,131
adverse effects on human health and the environment. 1,132
26
(K) The director shall adopt all rules under sections 1,134
921.01 to 921.29 of the Revised Code in accordance with Chapter 1,135
119. of the Revised Code.
Sec. 924.52. (A) The Ohio grape industries committee may: 1,144
(1) Conduct, and contract with others to conduct, 1,146
research, including the study, analysis, dissemination, and 1,147
accumulation of information obtained from the research or 1,148
elsewhere, concerning the marketing and distribution of grapes 1,149
and grape products, the storage, refrigeration, processing, and 1,150
transportation of them, and the production and product 1,151
development of grapes and grape products. The committee shall 1,152
expend for these activities no less than thirty per cent and no 1,153
more than seventy per cent of all money it receives from the Ohio 1,154
grape industries fund created under section 924.54 of the Revised 1,155
Code. 1,156
(2) Provide the wholesale and retail trade with 1,158
information relative to proper methods of handling and selling 1,159
grapes and grape products; 1,160
(3) Make or contract for market surveys and analyses, 1,162
undertake any other similar activities that it determines are 1,163
appropriate for the maintenance and expansion of present markets 1,164
and the creation of new and larger markets for grapes and grape 1,165
products, and make, in the name of the committee, contracts to 1,166
render service in formulating and conducting plans and programs 1,167
and such other contracts or agreements as the committee considers 1,168
necessary for the promotion of the sale of grapes and grape 1,169
products. The committee shall expend for these activities no 1,170
less than thirty per cent and no more than seventy per cent of 1,171
all money it receives from the fund. 1,172
(4) Publish and distribute to producers and others 1,174
information relating to the grape and grape product industries; 1,175
(5) Propose to the director of agriculture for adoption, 1,177
rescission, or amendment, pursuant to Chapter 119. of the Revised 1,178
Code, rules necessary for the exercise of its powers and the 1,179
27
performance of its duties; 1,180
(6) ADVERTISE FOR, POST NOTICES SEEKING, OR OTHERWISE 1,182
SOLICIT APPLICANTS TO SERVE IN ADMINISTRATIVE POSITIONS IN THE 1,183
DEPARTMENT OF AGRICULTURE AS EMPLOYEES WHO SUPPORT THE 1,184
ADMINISTRATIVE FUNCTIONS OF THE COMMITTEE. APPLICATIONS SHALL BE 1,185
SUBMITTED TO THE COMMITTEE. THE COMMITTEE SHALL SELECT
APPLICANTS THAT IT WISHES TO RECOMMEND FOR EMPLOYMENT AND SHALL 1,186
SUBMIT A LIST OF THE RECOMMENDED APPLICANTS TO THE DIRECTOR. 1,187
(B) The committee shall: 1,189
(1) Promote the sale of grapes and grape products for the 1,191
purpose of maintaining and expanding present markets and creating 1,192
new and larger intrastate, interstate, and foreign markets for 1,193
grapes and grape products, and inform the public of the uses and 1,194
benefits of grapes and grape products; 1,195
(2) Perform all acts and exercise all powers incidental 1,197
to, in connection with, or considered reasonably necessary, 1,198
proper, or advisable to effectuate the purposes of this section. 1,199
Sec. 924.521. THE DIRECTOR OF AGRICULTURE SHALL HIRE ALL 1,201
EMPLOYEES OF THE OHIO GRAPE INDUSTRIES COMMITTEE. THE DIRECTOR 1,202
SHALL SELECT THE EMPLOYEES FROM THE LIST OF RECOMMENDED 1,203
APPLICANTS SUBMITTED BY THE COMMITTEE UNDER SECTION 924.52 OF THE 1,204
REVISED CODE. EMPLOYEES OF THE COMMITTEE SHALL BE PAID WITH 1,205
MONEYS FROM THE OHIO GRAPE INDUSTRIES FUND. 1,206
Sec. 926.141. IF THE DIRECTOR OF AGRICULTURE OBTAINS 1,208
EVIDENCE THAT AN UNLICENSED HANDLER IS INSOLVENT OR IS UNABLE TO 1,209
SATISFY THE CLAIMS OF ALL DEPOSITORS, THE DIRECTOR MAY PETITION 1,210
THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE UNLICENSED 1,211
HANDLER IS LOCATED FOR THE APPOINTMENT OF A RECEIVER TO OPERATE 1,212
OR LIQUIDATE THE BUSINESS OF THE UNLICENSED HANDLER. 1,213
ALL NECESSARY EXPENSES INCURRED BY THE DIRECTOR OR A 1,215
RECEIVER APPOINTED UNDER THIS SECTION MAY BE RECOVERED FROM THE 1,216
UNLICENSED HANDLER IN A SEPARATE CIVIL ACTION BROUGHT BY THE 1,217
DIRECTOR IN THE COURT OF COMMON PLEAS OR RECOVERED AT THE SAME 1,219
TIME AND AS A PART OF THE RECEIVERSHIP ACTION FILED UNDER THIS 1,220
28
SECTION. AS A PART OF THE EXPENSES SO INCURRED, THE COST OF 1,221
ADEQUATE LIABILITY INSURANCE NECESSARY TO PROTECT THE DIRECTOR, 1,222
THE RECEIVER, AND OTHERS ENGAGED IN CARRYING OUT THIS SECTION MAY 1,223
BE INCLUDED.
Sec. 926.18. (A) When a depositor has made a demand for 1,232
settlement of an obligation concerning an agricultural commodity 1,233
on which a fee was required to be remitted under section 926.16 1,234
of the Revised Code and the licensed handler IS EXPERIENCING 1,235
FAILURE, AS "FAILURE" IS DEFINED IN SECTION 926.021 OF THE 1,236
REVISED CODE, AND has failed to honor the demand, the depositor, 1,237
after providing the director of agriculture or the director's 1,238
authorized representative with evidence of the depositor's demand 1,239
and the dishonoring of that demand, may file a claim with the 1,241
director not later than six months after dishonor of the demand
for indemnification of the depositor's damages, from the 1,243
agricultural commodity depositors fund, to be measured as
follows: 1,244
(1) The commodity advisory commission created in section 1,246
926.32 of the Revised Code shall establish the dollar value of 1,247
the loss incurred by a depositor holding a receipt or a ticket 1,248
for agricultural commodities on which a fee was required and that 1,249
the depositor delivered to the handler under a delayed price 1,250
agreement, bailment agreement, or feed agreement, or that the 1,252
depositor delivered to the handler before delivery was due under
a contract or other agreement between the depositor and handler. 1,253
The value shall be based on the fair market price being paid to 1,255
producers by handlers for the commodities on the date on which 1,256
the director received notice that the receipt or ticket was 1,257
dishonored by the handler. All depositors filing claims under 1,258
this division shall be bound by the value determined by the 1,259
commission.
(2) The dollar value of the loss incurred by a depositor 1,261
who has sold or delivered for sale, exchange, or solicitation or 1,262
negotiation for sale agricultural commodities on which a fee was 1,263
29
required and who is a creditor of the handler for all or a part 1,264
of the value of the commodities shall be based on the amount 1,265
stated on the obligation on the date of the sale. 1,266
(B) The agricultural commodity depositors fund shall be 1,268
liable to a depositor for any moneys that are not recovered 1,269
through other legal and equitable remedies as follows: 1,270
(1) For commodities stored with a licensed handler under a 1,272
bailment agreement for one hundred per cent of the depositor's 1,274
loss as determined under division (A)(1) of this section;
(2) For commodities deposited with a licensed handler 1,276
under an agreement other than a bailment agreement for one 1,278
hundred per cent of the first ten thousand dollars of the 1,279
depositor's loss and eighty per cent of the remaining dollar 1,280
value of that loss as determined under divisions (A)(1) and (2) 1,281
of this section. The aggregate amount recovered by a depositor 1,283
under all remedies shall not exceed one hundred per cent of the 1,284
value of the depositor's loss. If the moneys recovered by a 1,285
depositor under all remedies exceed one hundred per cent of the 1,286
value of the depositor's loss, the depositor shall reimburse the 1,287
fund in the amount that exceeds the value of that loss. 1,288
(C) The director, with the approval of the commodity 1,290
advisory commission, shall determine the validity of all claims 1,291
presented against the fund. A claim filed under this section for 1,292
losses on agricultural commodities other than commodities stored 1,293
under a bailment agreement shall not be valid unless the 1,294
depositor has made a demand for settlement of the obligation 1,295
within twelve months after the commodities are priced. Any 1,296
depositor whose claim has been refused by the director and the 1,297
commission may appeal the refusal either to the court of common 1,298
pleas of Franklin county or the court of common pleas of the 1,299
county in which the depositor resides. 1,300
The director shall provide for payment from the fund to any 1,302
depositor whose claim has been found to be valid. 1,303
(D) If at any time the fund does not contain sufficient 1,305
30
assets to pay valid claims, the director shall hold those claims 1,306
for payment until the fund again contains sufficient assets. 1,307
Claims against the fund shall be paid in the order in which they 1,308
are presented and found to be valid. 1,309
(E) If a depositor files an action for legal or equitable 1,311
remedies in a state or federal court having jurisdiction in those 1,312
matters that includes a claim against agricultural commodities 1,313
upon which the depositor may file a claim against the fund at a 1,314
later date, the depositor also shall file with the director a 1,316
copy of the action filed with the court. 1,317
In the event of payment of a loss under this section, the 1,319
director shall be subrogated to the extent of the amount of any 1,320
payments to all rights, powers, privileges, and remedies of the 1,321
depositor against any person regarding the loss. 1,322
The depositor shall render all necessary assistance to aid 1,324
the director in securing the rights granted in this section. No 1,325
action or claim initiated by the depositor and pending at the 1,326
time of payment from the fund may be compromised or settled 1,327
without the consent of the director. 1,328
(F) If, prior to June 20, 1994, a lawsuit, adversary 1,331
proceeding, or other legal proceeding is brought against a 1,332
depositor to recover money or payments from funds to which a 1,333
depositor has a right of indemnification under this section, and 1,334
the depositor retains legal counsel resulting in a cost or 1,335
expense to the depositor, upon the rendering of a judgment or 1,336
other resolution of the lawsuit, adversary proceeding, or other
legal proceeding, the director, in the director's discretion and 1,338
with the approval of the commodity advisory commission, may
authorize indemnification from the fund for attorney's fees paid 1,339
by the depositor. Any claim made by a depositor for the payment 1,340
of attorney's fees under this division shall be made in the same 1,341
manner as a claim under division (A) of this section. 1,342
Attorney's fees payable under this division shall be 1,344
limited to the actual hourly fee charged or one hundred dollars 1,345
31
per hour, whichever is less, and to a total maximum amount of 1,346
three hundred dollars.
Sec. 926.20. (A) Upon the request of a depositor, a 1,355
licensed handler shall issue a receipt for any agricultural 1,356
commodity that he THE HANDLER has received from the depositor for 1,358
storage under a bailment agreement. Even if the depositor has
not requested that a receipt be issued, the agricultural 1,359
commodity delivered for storage under a bailment agreement shall 1,360
be considered to be in "open storage," and the responsibility of 1,361
the bailee to the bailor shall remain the same as if a 1,362
nonnegotiable receipt had been issued upon deposit of the 1,363
commodity into the handler's warehouse. 1,364
No licensed handler shall receive an agricultural commodity 1,366
for storage under a bailment agreement until he THE HANDLER has 1,367
weighed, inspected, and graded the commodity. 1,368
(B) The director of agriculture shall cause receipt forms 1,370
to be printed on distinctive paper by a bonded printer PROVIDE 1,371
AND PRINT ON DISTINCTIVE PAPER, PAPER WAREHOUSE RECEIPTS. IF THE 1,372
DIRECTOR CONSIDERS IT NECESSARY, THE DIRECTOR MAY AUTHORIZE 1,373
ELECTRONIC WAREHOUSE RECEIPTS IN ACCORDANCE WITH GUIDELINES 1,374
ESTABLISHED IN RULES ADOPTED UNDER SECTION 926.02 OF THE REVISED 1,375
CODE. Each receipt, PAPER OR ELECTRONIC, shall contain within 1,376
its printed terms spaces for AT LEAST the following information: 1,378
(1) The location of the warehouse where the agricultural 1,380
commodity is stored; 1,381
(2) The date of issuance of the receipt; 1,383
(3) The rate of storage charges or the basis for the 1,385
charges; 1,386
(4) The net weight, the percentage of dockage or foreign 1,388
material, and the grade of the commodity; 1,389
(5) "Negotiable" or "nonnegotiable" according to the 1,391
nature of the receipt, conspicuously printed or stamped INDICATED 1,393
on it;
(6) The signature of the licensed handler or his THE 1,395
32
HANDLER'S authorized agent; 1,396
(7) A statement of the amount of advances made or 1,398
liability incurred for which the handler claims a lien or, if the 1,399
precise amount of advances made or liabilities incurred at the 1,400
time of issuance of the receipt is unknown to the handler or to 1,401
the agent who issues it, a statement of the fact that advances 1,402
have been made or liabilities incurred; 1,403
(8) If the receipt is for a commodity that the handler 1,405
owns, either wholly, jointly, or in common with others, the facts 1,406
about the ownership; 1,407
(9) Any other information that the director may require by 1,409
rule. 1,410
The director shall cause receipt forms to be distributed to 1,412
licensed handlers at cost. The revenue from the distribution 1,413
shall be remitted to the director and credited to the commodity 1,414
handler regulatory program fund created in division (A) of 1,415
section 926.19 of the Revised Code in the same manner as other 1,416
fees collected under that division. 1,417
(C) All receipts issued by a licensed handler shall be 1,419
numbered and issued consecutively. 1,420
(D) Before issuing any receipt, a licensed handler shall 1,422
file with the director a certified copy of his THE HANDLER'S 1,423
signature and the signature of any person he THE HANDLER has 1,424
authorized to issue receipts. 1,425
(E) No licensed handler shall fail to return to the 1,427
director all receipts and tickets remaining unused on the date of 1,428
revocation or termination of his THE HANDLER'S license. 1,429
(F) No person shall issue a receipt for any agricultural 1,431
commodity except upon a receipt form furnished OR AUTHORIZED by 1,432
the director under this section. 1,434
(G) No person, with intent to defraud, shall falsely make, 1,436
alter, forge, counterfeit, or photograph a receipt. 1,437
Sec. 1327.50. The director of agriculture shall: 1,446
(A) Maintain traceability of the state standards to those 1,448
33
of the national institute of standards and technology; 1,449
(B) Enforce sections 1327.46 to 1327.61 of the Revised 1,451
Code; 1,452
(C) Issue reasonable rules for the uniform enforcement of 1,454
sections 1327.46 to 1327.61 of the Revised Code, which rules 1,455
shall have the force and effect of law; 1,456
(D) Establish standards of weight, measure, or count, 1,458
reasonable standards of fill, and standards for the voluntary 1,459
presentation of cost per unit information for any package; 1,460
(E) Grant any exemptions from sections 1327.46 to 1327.61 1,462
of the Revised Code, or any rules adopted under those sections, 1,463
when appropriate to the maintenance of good commercial practices 1,464
in the state; 1,465
(F) Conduct investigations to ensure compliance with 1,467
sections 1327.46 to 1327.61 of the Revised Code; 1,468
(G) Delegate to appropriate personnel any of these 1,470
responsibilities for the proper administration of his THE 1,471
DIRECTOR'S office; 1,472
(H) Test as often as is prescribed by rule the standards 1,474
of weight and measure used by any municipal corporation or county 1,475
within the state, and approve the same when found to be correct; 1,476
(I) Inspect and test weights and measures kept, offered, 1,478
or exposed for sale; 1,479
(J) Inspect and test to ascertain if they are correct, 1,481
weights and measures commercially used either: 1,482
(1) In determining the weight, measure, or count of 1,484
commodities or things sold, or offered or exposed for sale, on 1,485
the basis of weight, measure, or count; 1,486
(2) In computing the basic charge or payment for goods or 1,488
services rendered on the basis of weight, measure, or count. 1,489
(K) Test all weights and measures used in checking the 1,491
receipt or disbursement of supplies in every institution, for the 1,492
maintenance of which funds are appropriated by the general 1,493
assembly; 1,494
34
(L) Approve for use, and may mark, such weights and 1,496
measures as he THE DIRECTOR finds to be correct, and shall reject 1,498
and mark as rejected such weights and measures as he THE DIRECTOR 1,499
finds to be incorrect. Weights and measures that have been 1,500
rejected may be seized if not corrected within the time specified 1,501
or if used or disposed of in a manner not specifically 1,502
authorized, and may be condemned and seized if found to be 1,503
incorrect and not capable of being made correct. 1,504
(M) Weigh, measure, or inspect packaged commodities kept, 1,506
offered, or exposed for sale, sold, or in the process of delivery 1,507
to determine whether they contain the amounts represented and 1,508
whether they are kept, offered, or exposed for sale in accordance 1,509
with sections 1327.46 to 1327.61 of the Revised Code or rules 1,510
adopted under those sections. In carrying out this section, the 1,511
director shall employ recognized sampling procedures, such as 1,512
those designated in the national institute of standards and 1,513
technology handbook 133 "checking the net contents of packaged 1,514
goods." 1,515
(N) Prescribe by rule the appropriate term or unit of 1,517
weight or measure to be used, whenever he THE DIRECTOR determines 1,519
in the case of a specific commodity that an existing practice of 1,520
declaring the quantity by weight, measure, numerical count, or 1,521
combination thereof, does not facilitate value comparisons by 1,522
consumers, or offers an opportunity for consumer confusion; 1,523
(O) Allow reasonable variations from the stated quantity 1,525
of contents, which shall include those caused by unavoidable 1,526
deviations in good manufacturing practice and by loss or gain of 1,527
moisture during the course of good distribution practice, only 1,528
after the commodity has entered intrastate commerce; 1,529
(P) Provide for the weights and measures training of 1,531
inspector personnel and establish minimum training requirements, 1,532
which shall be met by all inspector personnel, whether county, 1,533
municipal, or state; 1,534
(Q) Prescribe the methods of tests and inspections to be 1,536
35
employed in the enforcement of sections 1327.46 to 1327.61 of the 1,537
Revised Code. The director may prescribe the official test and 1,538
inspection forms to be used. 1,539
(R) Provide by rule for voluntary registration with the 1,541
director of private weighing and measuring device servicing 1,542
agencies, and personnel; 1,543
(S) In conjunction with the national institute of 1,545
standards and technology, operate a type evaluation program for 1,546
certification of weighing and measuring devices as part of the 1,547
national type evaluation program. The director shall establish a 1,548
schedule of fees for services rendered by the department of 1,549
agriculture in operating the type evaluation program FOR TYPE 1,550
EVALUATION SERVICES. THE DIRECTOR MAY REQUIRE ANY WEIGHING OR 1,552
MEASURING INSTRUMENT OR DEVICE TO BE TRACEABLE TO A NATIONAL TYPE 1,553
EVALUATION PROGRAM CERTIFICATE OF CONFORMANCE PRIOR TO USE FOR 1,554
COMMERCIAL OR LAW ENFORCEMENT PURPOSES.
Section 2. That existing sections 917.23, 918.02, 918.04, 1,556
918.08, 918.22, 918.25, 918.28, 921.02, 921.021, 921.06, 921.07, 1,557
921.08, 921.09, 921.10, 921.12, 921.13, 921.16, 924.52, 926.18, 1,558
926.20, and 1327.50 of the Revised Code are hereby repealed. 1,559