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                    

                                                          2      


                                                                 
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          

                                                          3      


                                                                 
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          

                                                          4      


                                                                 
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          

                                                          5      


                                                                 
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          

                                                          6      


                                                                 
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          

                                                          7      


                                                                 
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          

                                                          8      


                                                                 
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          

                                                          9      


                                                                 
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          

                                                          10     


                                                                 
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          

                                                          11     


                                                                 
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          

                                                          12     


                                                                 
      (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          

                                                          13     


                                                                 
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          

                                                          15     


                                                                 
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