As Reported by the Senate Agriculture 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-TIBERI- 11
WILSON-A. CORE-OGG-VERICH-AUSTRIA-BARNES-MEAD-ROMAN- NETZLEY 12
_________________________________________________________________ 13
A B I L L
To amend sections 917.23, 918.02, 918.04, 918.08, 15
918.22, 918.25, 918.28, 921.02, 921.021, 921.06, 16
921.07, 921.08, 921.09, 921.10, 921.12, 921.13, 17
921.16, 924.52, 926.18, 926.20, and 1327.50 and
to enact sections 924.521 and 926.141 of the 19
Revised Code to revise the statutes governing
agriculture. 20
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 22
Section 1. That sections 917.23, 918.02, 918.04, 918.08, 24
918.22, 918.25, 918.28, 921.02, 921.021, 921.06, 921.07, 921.08, 25
921.09, 921.10, 921.12, 921.13, 921.16, 924.52, 926.18, 926.20, 26
and 1327.50 be amended and sections 924.521 and 926.141 of the 27
Revised Code be enacted to read as follows: 28
Sec. 917.23. (A) With respect to cooling and storage of 38
manufacture milk, a manufacture milk producer shall do one of the 39
following:
(1) In the case of manufacture milk that is stored in cans 42
on the manufacture milk producer's farm, cool the milk to and 43
store it at a temperature of sixty degrees fahrenheit, sixteen 44
degrees celsius, or lower within two hours after completion of 46
the milking;
(2) In the case of all other manufacture milk that is 48
stored on the manufacture milk producer's farm, cool the milk and 50
2
store it in accordance with rules adopted by the director of
agriculture pursuant to section 917.02 of the Revised Code. 53
(B) Manufacture milk stored in accordance with division 56
(A)(1) of this section shall be used exclusively in the 58
manufacture of cheese. The by-products created from the 59
manufacture of cheese may be used to manufacture butter and dried 60
whey products.
(C) This section does not apply to raw milk that is 63
delivered to a manufacture milk plant not later than two hours 64
after completion of milking. 65
Sec. 918.02. (A) The director of agriculture, or his THE 74
DIRECTOR'S designee, shall provide ante-mortem inspections of all 75
animals slaughtered at establishments licensed under division (A) 76
of section 918.08 of the Revised Code where and to the extent he 77
THE DIRECTOR considers it necessary. If, upon inspection, 79
symptoms of disease or other abnormal conditions which THAT would 80
render the animals unfit for human food are found, those animals 82
shall be retained or permanently and conspicuously identified 83
with an official mark indicating they have been condemned and 84
shall be disposed of in a manner prescribed by the director. 85
(B) The director shall provide post-mortem inspection to 87
the extent he THE DIRECTOR considers necessary of all animals for 89
human food in establishments licensed under division (A) of
section 918.08 of the Revised Code. The head, tongue, tail, 90
viscera, and other parts, and blood used in the preparation of 91
meat products or medicinal products shall be retained in such a 92
manner as to preserve their identity until the post-mortem 93
examination has been completed. Wholesome carcasses shall be 94
identified with an official mark indicating they have been 95
approved. Each unwholesome carcass shall be marked conspicuously 96
by the inspector at the time of inspection with an official mark 97
indicating the carcass has been condemned;, and all carcasses and 99
parts thereof thus inspected and condemned shall be destroyed for 100
food purposes by the establishment in the presence of an 101
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inspector. If any carcass or any part thereof, upon examination 102
and inspection subsequent to the first examination and 103
inspection, is found to be adulterated, it shall be destroyed for 104
food purposes by the establishment in the presence of an 105
inspector. All unborn or stillborn animals shall be condemned. 106
Carcasses of animals that have died by means other than slaughter 107
shall not be brought into any room in which meat products are 108
processed, handled, or stored. 109
(C) The director shall provide inspection of all 111
processing operations at establishments licensed under division 112
(A) of section 918.08 of the Revised Code where animal carcasses, 113
parts thereof, or meat products may be brought in and further 114
treated and prepared, and shall provide inspection and 115
supervision in processing departments to ensure that controls are 116
effective at all times. 117
(D) Establishments licensed under section 918.08 of the 119
Revised Code shall furnish satisfactory facilities and assistance 120
for ante-mortem and post-mortem inspections as required by the 121
director. The director may require operations at the 122
establishments to be conducted during reasonable hours. Licensees 123
shall inform the director in advance of intended hours of 124
operation. When one inspector is assigned to make inspections at 125
two or more establishments where few animals are slaughtered, or 126
where small quantities of meat products are prepared, the 127
director may designate the hours of the day and the days of the 128
week during which the establishment may be operated. No person 129
shall deny access to any authorized inspector upon the 130
presentation of proper identification at any reasonable time to 131
such establishments and to records pertaining to the source and 132
sale of carcasses and meat products. THE DIRECTOR SHALL ADOPT 134
RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE 136
ESTABLISHING THE RATE AT WHICH AN ESTABLISHMENT SHALL REIMBURSE
THE DIVISION OF MEAT INSPECTION FOR INSPECTION SERVICES OF MORE 139
THAN EIGHT HOURS IN ANY GIVEN DAY, OF MORE THAN FORTY HOURS IN 140
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ANY GIVEN WEEK SUNDAY THROUGH SATURDAY, OR ON ANY HOLIDAY AS 141
SPECIFIED IN DIVISION (A) OF SECTION 124.19 OF THE REVISED CODE. 142
(E) The director may limit the entry of animals, animal 144
carcasses, or parts thereof, meat food products, and other 145
materials into any establishment at which inspection is 146
maintained under Chapter 918. of the Revised Code, THIS CHAPTER 147
to ensure that allowing the entry of such articles into such 149
inspected establishments will be consistent with the purposes of 150
this chapter. 151
(F) All carcasses, parts thereof, and meat products 153
inspected at any establishment under the authority of this 154
chapter and found to be not adulterated, at the time they leave 156
the establishment, shall bear, in distinctly legible forms
directly theron or on their containers, appropriate labeling as 157
the director may require in accordance with rules adopted under 158
this chapter. No article subject to this chapter shall be sold 160
or offered for sale by any person, under any names or labeling 161
that is false or misleading.
(G) The director shall adopt and enforce sanitation rules 164
pursuant to this chapter, under which such establishments shall 165
be maintained. Where the sanitary conditions of any such 166
establishment are such that the meat product is rendered 167
adulterated, the product shall be retained and not allowed to be 168
labeled with an official mark. THE RULES PERTAINING TO SANITARY 169
CONDITIONS SHALL CONFORM WITH THE SANITATION STANDARD OPERATING 170
PROCEDURES ESTABLISHED IN TITLE 9 OF THE CODE OF FEDERAL 171
REGULATIONS AND SHALL REQUIRE THAT AN ESTABLISHMENT BE EVALUATED 172
BY DETERMINING ITS COMPLIANCE WITH THOSE PROCEDURES. IN 173
ADDITION, THE RULES SHALL REQUIRE THAT IF AN ESTABLISHMENT DOES 174
NOT HAVE A PLAN FOR A PARTICULAR PRODUCTION PROCESS UNDER ITS
HAZARD ANALYSIS CRITICAL CONTROL POINT SYSTEM AS REQUIRED IN 175
RULES, THE MEAT PRODUCT OF THE PROCESS MAY BE CONSIDERED TO BE 176
ADULTERATED AND SHALL BE RETAINED PENDING A PRODUCTION PROCESS 177
REVIEW AND NOT ALLOWED TO BE LABELED WITH AN OFFICIAL MARK. 178
5
Sec. 918.04. The director of agriculture shall, in 187
accordance with Chapter 119. of the Revised Code, adopt, 188
promulgate, and enforce regulations as RULES THAT are necessary 190
to administer sections 918.01 to 918.11, inclusive, of the
Revised Code. THE RULES SHALL MEET OR EXCEED THE FEDERAL 192
STANDARDS FOR MEAT INSPECTION ESTABLISHED IN TITLE 9 OF THE CODE 193
OF FEDERAL REGULATIONS. 194
Sec. 918.08. (A) Except as provided in division (E) of 202
this section, no person shall operate an establishment without 204
first licensing the establishment with the department of 205
agriculture. The owner of an establishment desiring a license 206
with the department may make application therefor on forms 207
provided by the department. If after inspection the director of 208
agriculture finds that an establishment is in compliance with 209
this chapter, he THE DIRECTOR shall notify the owner of the 210
establishment and, upon receipt of the required license fee, the 211
establishment shall be permitted to operate. The license shall 212
expire annually on the thirty-first day of March and shall be 213
renewed according to the standard renewal procedure of sections 214
4745.01 to 4745.03 of the Revised Code. 215
(B) The annual license fee for each establishment, or a 218
renewal thereof, is fifty dollars. All fees collected under this
section shall be deposited into the poultry and meat products 219
fund created in section 918.15 of the Revised Code. 220
(C) If the director determines that an establishment 222
licensed under division (A) of this section is operating in 223
violation of this chapter or the rules adopted thereunder, he THE 224
DIRECTOR shall notify the licensee in writing of the violation 226
and give the licensee ten days from the date of notice to cease 227
or correct the violation. If the violation continues after the 228
expiration of the ten-day period, the director may withdraw 229
inspection and order the establishment to cease those operations 230
subject to this chapter. Any such order and the appeal therefrom 231
shall be governed by Chapter 119. of the Revised Code.
6
(D) IF AN INSPECTOR DETERMINES THAT AN ESTABLISHMENT 233
LICENSED UNDER DIVISION (A) OF THIS SECTION IS OPERATING IN 234
VIOLATION OF SECTIONS 918.01 TO 918.12 OF THE REVISED CODE AND 235
RULES ADOPTED UNDER THOSE SECTIONS, THE INSPECTOR SHALL NOTIFY 236
THE LICENSEE IN WRITING OF THE VIOLATION. THE INSPECTOR
IMMEDIATELY MAY IMPOSE PROGRESSIVE ENFORCEMENT ACTIONS, INCLUDING 237
WITHHOLDING THE MARK OF INSPECTION, SUSPENSION OF INSPECTION, AND 238
SUSPENSION OF INSPECTION HELD IN ABEYANCE. THE PROGRESSIVE 239
ENFORCEMENT ACTIONS MAY BE TAKEN PRIOR TO AFFORDING THE LICENSEE 240
AN OPPORTUNITY FOR A HEARING. AS AUTHORIZED IN DIVISION (C) OF 241
SECTION 119.06 OF THE REVISED CODE, A DECISION TO IMPOSE AN
ENFORCEMENT ACTION IS IMMEDIATELY APPEALABLE TO A HIGHER 242
AUTHORITY WITHIN THE DEPARTMENT WHO IS CLASSIFIED BY THE DIRECTOR 243
AS A DISTRICT SUPERVISOR AND WHO IS DESIGNATED BY THE DIRECTOR TO 244
HEAR THE APPEAL. IF THE DISTRICT SUPERVISOR AFFIRMS THE 245
ENFORCEMENT ACTION OF THE INSPECTOR, THE LICENSEE MAY APPEAL THE
ENFORCEMENT ACTION IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED 246
CODE.
AS USED IN THIS DIVISION, "SUSPENSION OF INSPECTION HELD IN 248
ABEYANCE" MEANS A PERIOD OF TIME DURING WHICH A SUSPENSION OF 249
INSPECTION IS LIFTED BECAUSE AN ESTABLISHMENT HAS PRESENTED THE 250
DIRECTOR WITH A CORRECTIVE ACTION PLAN THAT, IF IMPLEMENTED 251
PROPERLY, WOULD BRING THE ESTABLISHMENT INTO COMPLIANCE WITH THIS 252
CHAPTER.
(E) If in the opinion of the director the establishment is 254
being operated under such insanitary conditions as to be a hazard 255
to public health, OR IF THE DIRECTOR DETERMINES THAT AN 256
ESTABLISHMENT IS NOT IN COMPLIANCE WITH ITS HAZARD ANALYSIS 257
CRITICAL CONTROL POINT SYSTEM AS REQUIRED BY RULES, the director 258
may condemn or retain the product on hand and immediately 259
withdraw inspection from the establishment until the insanitary 260
conditions are corrected OR UNTIL THE ESTABLISHMENT IS IN 261
COMPLIANCE WITH ITS HAZARD ANALYSIS CRITICAL CONTROL POINT 262
SYSTEM, AS APPLICABLE.
7
(E)(F) Any person operating an establishment as defined in 264
section 918.01 of the Revised Code who also operates on the same 266
premises an establishment as defined in section 918.21 of the 267
Revised Code shall apply either for licensure under section 268
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 269
determine.
Sec. 918.22. (A) The director of agriculture shall 278
provide inspection and supervision of all processing operations 279
at establishments licensed under section 918.28 of the Revised 280
Code and make ante-mortem inspections of poultry to the extent he 281
THE DIRECTOR considers necessary to assure a wholesome product. 282
Whenever processing operations are being conducted, the 284
director shall make post-mortem inspection of the carcass of each 285
bird processed at such establishment, and at any time may order 286
such quarantine, segregation, retention, or reinspection as is 287
determined necessary of poultry and poultry products capable of 288
use as human food. If, upon inspection, symptoms of disease or 289
other conditions are found which THAT would render the poultry or 291
poultry products unwholesome or unfit for human food, such 292
poultry or poultry products shall be condemned, identified, and 293
disposed of as required by regulations RULES adopted under 294
section 918.25 of the Revised Code. 296
(B) Establishments licensed under section 918.28 of the 298
Revised Code shall: 299
(1) Furnish satisfactory facilities and assistance for 301
inspectors as required by the director; 302
(2) Operate such establishments during reasonable hours; 304
(3) Keep the director informed in advance of intended 306
hours of operation; 307
(4) Accept times of operation as designated by the 309
director when the volume processed at a plant is so small as to 310
require only a part-time inspector to be on duty at the plant; 311
(5) REIMBURSE THE DIVISION OF MEAT INSPECTION FOR 313
8
INSPECTION SERVICES OF MORE THAN EIGHT HOURS IN ANY GIVEN DAY, OF 314
MORE THAN FORTY HOURS IN ANY GIVEN WEEK SUNDAY THROUGH SATURDAY, 315
OR ON ANY HOLIDAY AS SPECIFIED IN DIVISION (A) OF SECTION 124.19 316
OF THE REVISED CODE AT A RATE ESTABLISHED IN RULES ADOPTED BY THE 317
DIRECTOR UNDER CHAPTER 119. OF THE REVISED CODE.
Sec. 918.25. The director of agriculture shall, subject to 326
IN ACCORDANCE WITH Chapter 119. of the Revised Code, promulgate, 327
adopt, and enforce regulations RULES as necessary for the 329
implementation, administration, and enforcement of sections 331
918.21 to 918.31, inclusive, of the Revised Code. Such 332
regulations THE RULES SHALL MEET OR EXCEED THE FEDERAL STANDARDS 333
FOR MEAT INSPECTION ESTABLISHED IN TITLE 9 OF THE CODE OF FEDERAL 334
REGULATIONS. THE RULES ADOPTED UNDER THIS SECTION shall provide 336
for the protection of the public health, safety, and welfare and 338
for maximum coordination and cooperation between state and 339
federal programs for regulation of poultry and poultry products, 340
and may include the following: 341
(A) Exemption of certain products as "poultry products" 343
under the definition in section 918.21 of the Revised Code; 344
(B) Provision for the retention, identification, and 346
disposal of condemned poultry and poultry products and for the 347
identification of approved products; 348
(C) Sanitary requirements for premises, facilities, and 350
equipment, for the operation thereof, and for the storage and 351
handling of poultry and poultry products in establishments 352
licensed under section 918.28 of the Revised Code;. THE RULES 354
PERTAINING TO SANITARY CONDITIONS SHALL CONFORM WITH THE
SANITATION STANDARD OPERATING PROCEDURES IN TITLE 9 OF THE CODE 356
OF FEDERAL REGULATIONS AND SHALL REQUIRE THAT AN ESTABLISHMENT BE 357
EVALUATED BY DETERMINING ITS COMPLIANCE WITH THOSE PROCEDURES. 358
(D) Requirements for maintenance of records under section 360
918.24 of the Revised Code; 361
(E) Procedures for application and licensing, and the 363
revocation and suspension of licenses; 364
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(F) Requirements for marking and attaching the information 366
required by section 918.31 of the Revised Code, including 367
specific styles, legibility and size of type, method of affixing, 368
variations, and exemptions; 369
(G) Such other regulations RULES as are necessary for THE 372
proper administration, implementation, and enforcement of 373
sections 918.21 to 918.31, inclusive, of the Revised Code, 374
INCLUDING RULES REQUIRING THAT AN INSPECTION OF AN 375
ESTABLISHMENT'S SLAUGHTER AND PROCESSING OPERATIONS BE CONDUCTED 376
IN ACCORDANCE WITH THE ESTABLISHMENT'S HAZARD ANALYSIS CRITICAL 377
CONTROL POINT SYSTEM. IN ADDITION, THE RULES SHALL REQUIRE THAT
IF AN ESTABLISHMENT DOES NOT HAVE A PLAN FOR A PARTICULAR 378
PRODUCTION PROCESS UNDER ITS HAZARD ANALYSIS CRITICAL CONTROL 379
POINT SYSTEM AS REQUIRED IN RULES, THE POULTRY PRODUCT OF THE 380
PROCESS MAY BE CONSIDERED TO BE ADULTERATED AND SHALL BE RETAINED 381
PENDING A PRODUCTION PROCESS REVIEW AND NOT ALLOWED TO BE LABELED 382
WITH AN OFFICIAL MARK.
Sec. 918.28. (A) Except as provided in division (E)(F) of 391
section 918.08 of the Revised Code, application for a license to 393
operate an establishment shall be made to the director of 394
agriculture on forms provided by the department. The director 395
shall inspect the establishment and if, upon inspection, the
establishment is found to be in compliance with sections 918.21 396
to 918.31 of the Revised Code, and rules promulgated thereunder 397
ADOPTED UNDER IT, the director shall so notify the owner of the 399
establishment and, upon receipt of the annual license fee of 400
fifty dollars, shall issue him THE OWNER a license. The license 401
shall expire on the thirty-first day of March of each year and
shall be renewed according to the standard renewal procedures of 402
sections 4745.01 to 4745.03 of the Revised Code. 403
(B) If the director determines that an establishment 405
licensed under this section is operating in violation of sections 406
918.21 to 918.31 of the Revised Code, or a rule or order ADOPTED 407
OR made under authority thereof, he THE DIRECTOR shall notify the 409
10
licensee in writing of the violation, giving him THE LICENSEE ten 410
days from the date of the notice to correct the conditions 411
causing the violation. If the conditions are not corrected
within the ten-day period, the director may revoke or suspend the 412
license in conformance ACCORDANCE with Chapter 119. of the 413
Revised Code.
(C) IF AN INSPECTOR DETERMINES THAT AN ESTABLISHMENT 415
LICENSED UNDER DIVISION (A) OF THIS SECTION IS OPERATING IN 416
VIOLATION OF SECTIONS 918.21 TO 918.31 OF THE REVISED CODE AND 417
RULES ADOPTED UNDER THOSE SECTIONS, THE INSPECTOR SHALL NOTIFY 418
THE LICENSEE IN WRITING OF THE VIOLATION. THE INSPECTOR 419
IMMEDIATELY MAY IMPOSE PROGRESSIVE ENFORCEMENT ACTIONS, INCLUDING
WITHHOLDING THE MARK OF INSPECTION, SUSPENSION OF INSPECTION, AND 420
SUSPENSION OF INSPECTION HELD IN ABEYANCE. THE PROGRESSIVE 421
ENFORCEMENT ACTIONS MAY BE TAKEN PRIOR TO AFFORDING THE LICENSEE 422
AN OPPORTUNITY FOR A HEARING. AS AUTHORIZED IN DIVISION (C) OF 423
SECTION 119.06 OF THE REVISED CODE, A DECISION TO IMPOSE AN 424
ENFORCEMENT ACTION IS IMMEDIATELY APPEALABLE TO A HIGHER
AUTHORITY WITHIN THE DEPARTMENT WHO IS CLASSIFIED BY THE DIRECTOR 425
AS A DISTRICT SUPERVISOR AND WHO IS DESIGNATED BY THE DIRECTOR TO 426
HEAR THE APPEAL. IF THE DISTRICT SUPERVISOR AFFIRMS THE 427
ENFORCEMENT ACTION OF THE INSPECTOR, THE LICENSEE MAY APPEAL THE 428
ENFORCEMENT ACTION IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED 429
CODE.
AS USED IN THIS DIVISION, "SUSPENSION OF INSPECTION HELD IN 431
ABEYANCE" MEANS A PERIOD OF TIME DURING WHICH A SUSPENSION OF 432
INSPECTION IS LIFTED BECAUSE AN ESTABLISHMENT AS PRESENTED THE 433
DIRECTOR WITH A CORRECTIVE ACTION PLAN THAT, IF IMPLEMENTED 434
PROPERLY, WOULD BRING THE ESTABLISHMENT INTO COMPLIANCE WITH THIS 435
CHAPTER.
(D) If in the opinion of the director the establishment is 437
being operated under such insanitary conditions as to be a hazard 438
to public health, OR IF THE DIRECTOR DETERMINES THAT AN 439
ESTABLISHMENT IS NOT IN COMPLIANCE WITH ITS HAZARD ANALYSIS 440
11
CRITICAL CONTROL POINT SYSTEM AS REQUIRED BY RULES, the director 441
may condemn or retain the product on hand and immediately 442
withdraw inspection from the plant until such time as the 443
insanitary conditions are corrected OR UNTIL THE ESTABLISHMENT IS 444
IN COMPLIANCE WITH ITS HAZARD ANALYSIS CRITICAL CONTROL POINT 445
SYSTEM, AS APPLICABLE.
Sec. 921.02. (A) Each pesticide that is distributed 454
within this state shall be registered with the director of 455
agriculture subject to sections 921.01 to 921.29 of the Revised 456
Code. The holder of the registration shall renew his 457
registration annually prior to the first day of January and each 459
registration expires on the thirty-first day of December of any 460
one year REGISTRATIONS SHALL BE ISSUED FOR A PERIOD OF TIME 461
ESTABLISHED BY RULE AND SHALL BE RENEWED IN ACCORDANCE WITH
DEADLINES ESTABLISHED BY RULE. Registration is not required if a 462
pesticide is shipped from one plant or warehouse to another plant 464
or warehouse operated by the same person and used solely at that 465
plant or warehouse as a constituent part to make a pesticide 466
which THAT is registered under sections 921.01 to 921.29 of the 468
Revised Code, or if the pesticide is distributed under the 469
provisions of an experimental use permit issued under section 470
921.03 of the Revised Code or an experimental use permit issued 471
by the United States environmental protection agency. 472
(B) The applicant for registration of a pesticide shall 474
file a statement with the director on a form provided by him THE 475
DIRECTOR, which shall include all of the following: 477
(1) The name and address of the applicant and the name and 479
address of the person whose name will appear on the label, if 480
other than the applicant's name; 481
(2) The brand and product name of the pesticide; 483
(3) Any necessary information required for completion of 485
the department of agriculture's application for registration, 486
including the agency registration number; 487
(4) A complete copy of the labeling accompanying the 489
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pesticide and a statement of all claims to be made for it, 490
including the directions for use and the use classification as 491
provided for in the federal act. 492
(C) The director, when he THE DIRECTOR considers it 494
necessary in the administration of sections 921.01 to 921.29 of 496
the Revised Code, may require the submission of the complete 498
formula of any pesticide including the active and inert
ingredients. 499
(D) The director may require a full description of the 501
tests made and the results thereof upon which the claims are 502
based for any pesticide. The director shall not consider any 503
data submitted in support of an application, without permission 505
of the applicant, in support of any other application for 507
registration unless the other applicant first has offered to pay 508
reasonable compensation for producing the test data to be relied 509
upon and the data are not protected from disclosure by section 510
921.04 of the Revised Code. In the case of a renewal of 511
registration, a statement shall be required only with respect to 512
information which THAT is different from that furnished when the 513
pesticide was registered or last registered.
(E) The director may require any other information to be 515
submitted with an application. 516
Any applicant may designate any portion of the required 518
registration information as a trade secret or confidential 519
business information. Upon receipt of any required registration 520
information designated as a trade secret or confidential business 521
information, the director shall consider the designated 522
information as confidential and shall not reveal or cause to be 523
revealed any such designated information without the consent of 524
the applicants, except to persons directly involved in the 525
registration process described in this section or as required by 526
law. 527
(F) Each applicant shall pay an annual A registration and 528
inspection fee of fifty dollars PER YEAR for each product name 529
13
and brand registered for the company whose name appears on the 531
label. If an applicant files FOR a renewal application OF 532
REGISTRATION after the thirty-first day of January of any year 534
THE DEADLINE ESTABLISHED BY RULE, the applicant shall pay a 535
penalty fee of twenty-five dollars for each product name and 536
brand registered for the applicant. The penalty fee shall be 537
added to the original fee and paid before the renewal 538
registration is issued. In addition to any other remedy 539
available under sections 921.01 to 921.29 of the Revised Code, if 540
a pesticide that is not registered pursuant to this section is 542
distributed within this state, the person required to register 543
the pesticide shall do so and shall pay a penalty fee of 544
twenty-five dollars for each product name and brand registered 545
for the applicant. The penalty fee shall be added to the 546
original fee and paid before the registration is issued. 547
(G) Provided THAT the state is certified by the 549
administrator of the United States environmental protection 550
agency to register pesticides to meet special local needs, the 551
director shall require the information set forth under divisions 552
(B), (C), (D), and (E) of this section and shall register any 553
such pesticide if he determines AFTER DETERMINING that all of the 554
following conditions are met: 555
(1) Its composition is such as to warrant the proposed 557
claims for it;. 558
(2) Its labeling and other material required to be 560
submitted comply with the requirements of the federal act and of 561
sections 921.01 to 921.29 of the Revised Code, and rules adopted 562
thereunder;. 563
(3) It will perform its intended function without 565
unreasonable adverse effects on the environment;. 566
(4) When used in accordance with widespread and commonly 568
recognized practice, it will not generally cause unreasonable 569
adverse effects on the environment;. 570
(5) The classification for general or restricted use is in 572
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conformity with the federal act. 573
The director shall not make any lack of essentiality a 575
criterion for denying the registration of any pesticide. When 576
two pesticides meet the requirements of this division, he THE 577
DIRECTOR shall not register one in preference to the other. 579
Sec. 921.021. (A) No person shall own or operate a 588
pesticide application business without obtaining a license for 589
each location owned or operated by him THE PERSON in the state 590
from the director of agriculture. The license shall be renewed 592
annually prior to the first day of March and shall expire on the 593
last day of February LICENSES SHALL BE ISSUED FOR A PERIOD OF 595
TIME ESTABLISHED BY RULE AND SHALL BE RENEWED IN ACCORDANCE WITH 596
DEADLINES ESTABLISHED BY RULE.
(B) Any person who owns or operates a pesticide 598
application business outside of this state, but engages in the 599
business of applying pesticides to properties of another for hire 600
in this state, shall obtain a license for his THE PERSON'S 601
principal out-of-state location from the director. 603
(C) The person applying for a pesticide application 605
business license shall file a statement with the director, on a 606
form provided by the director, which THAT shall include any 607
information that the director determines necessary and that he 608
THE DIRECTOR requires by rule. Each applicant shall pay an 610
annual A license fee of twenty dollars PER YEAR for each 612
pesticide application business license he THE APPLICANT is 614
required to obtain.
(D) The owner or operator of a pesticide application 616
business shall employ at least one licensed custom applicator for 617
each pesticide application business location he THE OWNER OR 618
OPERATOR owns or operates. 619
(E) The owner or operator of a pesticide application 621
business is responsible for the acts of each employee in the 622
handling, application, and use of pesticides. The pesticide 623
application business license is subject to denial, suspension, or 624
15
revocation after a hearing for any violation of sections 921.01 625
to 921.29 of the Revised Code, if it is determined that the owner 626
or operator ratified or knowingly or negligently permitted any 627
officer, employee, or agent to commit the violations. The 628
director also may levy against the owner or operator any civil 629
penalties authorized by division (B) of section 921.16 of the 630
Revised Code for any violation of sections 921.02 through TO 631
921.29 of the Revised Code for any violation of those sections 633
committed by the owner or operator or any officer, employee, or 634
agent. For purposes of this division, an owner or operator is 635
deemed to have ratified violations committed by any officer, 636
employee, or agent if collectively his THE officers, employees, 637
or agents commit three violations of a high or moderate level of 639
severity in accordance with established department enforcement 640
guidelines that relate directly to the storage, preparation, 641
handling, distribution, or application of pesticides, or any 642
violation involving fraud, within a twenty-four-month period. 643
(F) The director may deny a pesticide application business 645
license to any current owner, operator, officer, or agent whose 646
pesticide application business license has been revoked within 647
the previous thirty-six months. 648
(G) The director shall adopt any rules necessary to 650
administer and enforce this section. 651
Sec. 921.06. (A) No individual shall act as or hold 660
himself ONESELF out to the public as being a custom applicator 662
without having a custom applicator license ISSUED BY THE DIRECTOR 663
OF AGRICULTURE. THE INDIVIDUAL SHALL OBTAIN AN ADDITIONAL 664
LICENSE for each pesticide application business location for 665
which he THE INDIVIDUAL is the commercial applicator of record or 667
from which he works issued by the director of agriculture. 668
LICENSES SHALL BE ISSUED FOR A PERIOD OF TIME ESTABLISHED BY RULE 669
AND SHALL BE RENEWED IN ACCORDANCE WITH DEADLINES ESTABLISHED BY 670
RULE. The annual fee for each such license is one hundred 672
dollars PER YEAR to be submitted with the application. If a 673
16
license is not issued or renewed, the application fee shall be 674
retained by the state as payment for reasonable expense of 675
processing the application. The director shall by rule classify 676
by categories licenses to be issued under this section. No 677
individual shall be required to pay an additional license fee if 678
he THE INDIVIDUAL is licensed for more than one category, but he 680
THE INDIVIDUAL shall pay a AN ADDITIONAL license fee for each 681
pesticide application business location for which he works THE 683
INDIVIDUAL IS THE COMMERCIAL APPLICATOR OF RECORD. 684
(B) Application for a custom applicator license shall be 686
made on a form prescribed by the director. Each application for 687
a license shall state the applicant's qualifications and proposed 688
operation, license category or categories for which the applicant 689
is applying, and other information that the director determines 690
essential to the administration of sections 921.01 to 921.29 of 691
the Revised Code. 692
(C) If the director finds that the applicant is qualified 694
to apply pesticides and meets the requirements of section 921.10 696
of the Revised Code, the director shall issue a custom applicator 697
license limited to the categories for which the applicant is
qualified. Such a license expires annually on the last day of 698
February. Custom applicators, upon obtaining a valid license 699
under this section, are certified applicators for the purpose of 700
applying or directly supervising the use of restricted use 701
pesticides pertinent to their respective categories. 702
Sec. 921.07. (A) No individual other than an individual 711
licensed as a custom applicator shall act as a custom operator 712
without having a custom operator license issued by the director 713
of agriculture. LICENSES SHALL BE ISSUED FOR A PERIOD OF TIME 714
ESTABLISHED BY RULE AND SHALL BE RENEWED IN ACCORDANCE WITH 715
DEADLINES ESTABLISHED BY RULE. The director shall by rule 717
classify, by category, licenses to be issued under this section. 718
No individual shall be required to pay an additional license fee 719
if he THE INDIVIDUAL is licensed for more than one category. The 721
17
annual fee for a custom operator license is thirty dollars PER 722
YEAR and shall be submitted with the application. If a license 723
is not issued or renewed, the fee submitted shall be retained by 724
the state as payment for reasonable expenses of processing the 725
application. 726
(B) Application for a custom operator license shall be 728
made on a form prescribed by the director. Each application for 729
a license shall state the applicant's qualifications and the type 730
of operation, license category or categories for which the 731
applicant is applying, and other information that the director 732
determines essential to the administration of sections 921.01 to 733
921.29 of the Revised Code. 734
(C) If the director finds that the applicant is qualified, 736
he THE DIRECTOR shall issue a custom operator license limited to 738
the category for which the applicant is qualified. Each such 739
license expires annually on the last day of February. Custom 741
operators, upon obtaining a valid license under this section, are 742
certified applicators for the purpose of applying or directly 743
supervising the use of restricted use pesticides pertinent to 744
their respective categories.
Sec. 921.08. (A) Every state agency, municipal 753
corporation, and every other governmental agency and political 754
subdivision is subject to sections 921.01 to 921.29 of the 755
Revised Code and the rules adopted thereunder with respect to the 756
application of pesticides. 757
(B) No individual shall act as a public operator without 759
having a public operator license issued by the director of 760
agriculture. LICENSES SHALL BE ISSUED FOR A PERIOD OF TIME 761
ESTABLISHED BY RULE AND SHALL BE RENEWED IN ACCORDANCE WITH 762
DEADLINES ESTABLISHED BY RULE. The director shall by rule 764
classify, by categories, licenses to be issued under this 765
section.
(C) An individual shall apply to the director for a public 767
operator license on a form prescribed by the director. Each 768
18
application for a license shall state the license category or 769
categories for which the applicant is applying, and any other 770
information that the director determines essential to the 771
administration of sections 921.01 to 921.29 of the Revised Code. 772
(D) If the director finds AFTER FINDING that the applicant 774
is qualified, upon payment of a twenty-dollar annual license fee 776
PER YEAR, he THE DIRECTOR shall issue a public operator license, 778
limited to the category for which the applicant is qualified. 779
The twenty-dollar annual license and renewal fee does not apply 781
to any applicant who is an employee of the department of
agriculture. Each license shall expire annually on the last day 783
of February. If a license is not issued or renewed, the fee 784
submitted shall be retained by the state as payment for 785
reasonable expenses of processing the application. Public
operators, upon obtaining a valid license under this section, are 787
certified applicators for the purpose of applying or directly
supervising the use of restricted use pesticides pertinent to 788
their respective categories. 789
Sec. 921.09. (A) The director shall require each 798
applicant for a license under sections 921.06, 921.07, 921.08, 799
and 921.12 of the Revised Code to be examined on his THE 800
APPLICANT'S knowledge and competency in the proper use, handling, 801
and application of pesticides in the categories for which he THE 802
APPLICANT has applied. 803
(B) Each application for renewal of a license provided for 805
in section 921.06, 921.07, 921.08, or 921.12 of the Revised Code, 806
shall be filed prior to the first day of March of any year 807
DEADLINE ESTABLISHED BY RULE. If filed thereafter, a penalty of 808
fifty per cent shall be assessed the custom applicator and the 809
custom operator and added to the original fee and shall be paid 810
by the applicant before the renewal license is issued. However, 811
if the A license or certification issued under sections SECTION 813
921.06, 921.07, 921.08, and OR 921.12 of the Revised Code is not 814
renewed within one year of THE date of expiration, then such 815
19
licensee or certificate holder shall be required to take another 817
examination.
(C) The holder of a custom applicator license, custom 819
operator license, limited commercial applicator license, or 820
public operator license may renew such license within one year of 821
date of expiration without re-examination unless the director 822
determines that a new examination is necessary to insure that 823
they continue THE HOLDER CONTINUES to meet the requirements of 824
changing technology and to assure a continuing level of 825
competence and ability to use pesticides safely and properly. 826
(D) The director shall determine when re-examination for 828
recertification of private applicators is required to insure that 829
private applicators continue to meet the requirements of changing 830
technology and to assure a continuing level of competence and 831
ability to use pesticides safely and properly.
Sec. 921.10. (A) The director of agriculture shall not 840
issue a custom applicator license or limited commercial 841
applicator license PESTICIDE APPLICATION BUSINESS LICENSE until 842
the applicant has submitted to the director either surety bond, 843
an effective liability insurance policy, or such other evidence 845
of financial responsibility as the director determines necessary. 847
The director shall establish by rule, in accordance with Chapter 848
119. of the Revised Code, the amount and condition of such surety 849
bond, liability insurance, or other evidence of financial 850
responsibility required. Such requirements shall be based upon 851
the category and operation of the applicant. 852
(B) Should the evidence of financial responsibility expire 854
without renewal prior to the expiration of the license, the 855
license of the custom applicator PESTICIDE APPLICATION BUSINESS 856
is automatically suspended. 857
(C) Should the evidence of financial responsibility 859
furnished become unsatisfactory, the custom applicator PESTICIDE 860
APPLICATION BUSINESS shall upon notice immediately execute 861
evidence of financial responsibility meeting the requirements of 862
20
this section or its APPLICABLE rules, and should he THE PESTICIDE 864
APPLICATION BUSINESS fail to do so, the director shall suspend 865
his THE PESTICIDE APPLICATION BUSINESS'S license and give him THE 867
BUSINESS notice of such suspension. 868
(D) The licensee to whom a suspension order is issued 870
shall be afforded a hearing in accordance with Chapter 119. of 871
the Revised Code, after which the director shall reinstate or 872
revoke the suspended license.
(E) Nothing in this chapter shall be construed to relieve 874
any person from liability for any damage to the person or lands 875
of another caused by the use of pesticides even though such use 876
conforms to the rules.
Sec. 921.12. (A) No individual shall act as a limited 885
commercial applicator without first having obtained a limited 886
commercial applicator license from the director of agriculture. 887
LICENSES SHALL BE ISSUED FOR A PERIOD OF TIME ESTABLISHED BY RULE 888
AND SHALL BE RENEWED IN ACCORDANCE WITH DEADLINES ESTABLISHED BY 889
RULE. The annual fee for the license is fifty dollars PER YEAR 890
and shall be submitted with the application. If the license is 893
not issued or renewed, the state shall retain the application fee 894
as payment for reasonable expenses of processing the application. 895
If the license is not renewed prior to the first day of March 896
each year DEADLINE ESTABLISHED BY RULE, the licensee shall pay a 898
penalty of twenty-five dollars for late filing. The categories 899
of licenses shall be the same as for custom applicators, and the 900
examinations shall be the same as or equivalent to those for 901
custom applicators. No individual is required to pay an 902
additional license fee if he THE INDIVIDUAL is licensed for more 904
than one category.
(B) An individual shall apply to the director for a 906
limited commercial applicator license, on a form prescribed by 908
the director. Each application for a license shall state the 909
applicant's qualifications and proposed operation, license 910
category or categories for which the applicant is applying, and 911
21
any other information that the director determines essential to 912
the administration of sections 921.01 to 921.29 of the Revised 913
Code.
(C) If the director finds that the applicant is qualified 915
to apply pesticides and meets the requirements of section 921.10 917
of the Revised Code, he THE DIRECTOR shall issue a limited 918
commercial applicator license limited to the categories for which 919
the applicant is qualified. The license expires annually on the 920
last day of February. Limited commercial applicators, upon 921
obtaining a valid license under this section, are certified 922
applicators for the purpose of applying or directly supervising 923
the manner of use and the type of general and restricted use 924
pesticides pertinent to their respective categories. 925
(D) The employer of a limited commercial applicator, or 927
the limited commercial applicator himself, if he is 929
self-employed, is subject to section 921.10 of the Revised Code; 930
however, the director shall determine by rule the financial 931
responsibility requirement for each category independently of 933
those for custom applicators and he may waive that requirement 935
for any or all categories. 936
(E) The director shall designate by rule the manners of 938
use and types of restricted use pesticides and general use 940
pesticides that an individual licensed as a limited commercial 941
applicator may use.
Sec. 921.13. (A) Any person who is acting in the capacity 950
of a pesticide dealer or who advertises or assumes to act as a 951
pesticide dealer at any time shall obtain a pesticide dealer 952
license from the director of agriculture. The license expires on 953
the last day of February of each year LICENSES SHALL BE ISSUED 955
FOR A PERIOD OF TIME ESTABLISHED BY RULE AND SHALL BE RENEWED IN 956
ACCORDANCE WITH DEADLINES ESTABLISHED BY RULE. A license is 957
required for each location or outlet within this state from which 958
the person distributes pesticides. 959
Any pesticide dealer who has no pesticide dealer outlets in 961
22
this state and who distributes restricted use pesticides directly 963
into this state shall obtain a pesticide dealer license from the 964
director for his THE PESTICIDE DEALER'S principal out-of-state 965
location or outlet and for each sales person operating in the
state. 966
The applicant shall include a twenty-five dollar license 968
fee with his THE application for a license. The application 969
shall be made on a form prescribed by the director. 971
Each pesticide dealer shall submit records to the director 973
of all of the restricted use pesticides he THE PESTICIDE DEALER 974
has distributed, as specified by the director, and duplicate 975
records shall be retained by the pesticide dealer for a period of 976
time established by rules.
(B) This section does not apply to a custom applicator who 979
exclusively sells pesticides only as an integral part of his THE
CUSTOM APPLICATOR'S pesticide application business when the 981
pesticides are dispensed only through equipment used for the 982
pesticide application or to any federal, state, county, or 983
municipal agency that provides pesticides for its own programs. 984
(C) Each licensed pesticide dealer is responsible for the 987
acts of each employee in the solicitation and sale of pesticides 988
and all claims and recommendations for use of pesticides. The 989
pesticide dealer's license is subject to denial, suspension, or 990
revocation after a hearing for any violation of sections 921.01 991
to 921.29 of the Revised Code whether committed by the pesticide 992
dealer or by the pesticide dealer's officer, agent, or employee. 993
Sec. 921.16. (A) The director of agriculture shall adopt 1,002
rules he THE DIRECTOR determines necessary for the effective 1,003
enforcement and administration of sections 921.01 to 921.29 of 1,005
the Revised Code. The rules may relate to, but are not limited 1,006
to, the time, place, manner, and methods of application, 1,008
materials, and amounts and concentrations of application of 1,009
pesticides, may restrict or prohibit the use of pesticides in 1,010
designated areas during specified periods of time, and shall 1,011
23
encompass all reasonable factors that the director determines 1,012
necessary to minimize or prevent damage to the environment. IN 1,013
ADDITION, THE RULES SHALL ESTABLISH THE DEADLINES AND TIME
PERIODS FOR REGISTRATION AND REGISTRATION RENEWAL UNDER SECTION 1,014
921.02 OF THE REVISED CODE, THE DEADLINES AND TIME PERIODS FOR 1,015
LICENSURE AND LICENSE RENEWAL UNDER SECTIONS 921.021, 921.06, 1,016
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 1,017
CODE.
(B) The director shall adopt rules that establish a 1,019
schedule of civil penalties for violations of sections 921.01 to 1,020
921.29 of the Revised Code, or any rule or order adopted or 1,021
issued under those sections, provided that the civil penalty for 1,022
a first violation shall not exceed five thousand dollars and the 1,023
civil penalty for each subsequent violation shall not exceed ten 1,024
thousand dollars. In determining the amount of a civil penalty 1,025
for a violation, the director shall consider factors relevant to 1,026
the severity of the violation, including past violations and the 1,027
amount of actual or potential damage to the environment or to 1,028
human beings. 1,029
(C) The director shall adopt rules that set forth the 1,031
conditions under which he THE DIRECTOR: 1,032
(1) Requires that notice or posting be given of a proposed 1,034
application of a pesticide; 1,035
(2) Requires a permit to apply a restricted use pesticide; 1,037
(3) Requires inspection, condemnation, or repair of 1,039
equipment used to apply a pesticide; 1,040
(4) Will suspend, revoke, or refuse to issue any pesticide 1,042
registration for a violation of sections 921.01 to 921.29 of the 1,044
Revised Code;
(5) Requires safe handling, transportation, storage, 1,046
display, distribution, and disposal of pesticides and their 1,047
containers; 1,048
(6) Ensures the protection of the health and safety of 1,050
24
agricultural workers storing, handling, or applying pesticides, 1,051
and all residents of agricultural labor camps, as that term is 1,052
defined in section 3733.41 of the Revised Code, who are living or 1,053
working in the vicinity of pesticide-treated areas; 1,054
(7) Requires a record to be kept of all pesticide 1,056
applications made by each licensed custom applicator, limited 1,057
commercial applicator, and public operator and of all restricted 1,058
use pesticide applications made by each certified private 1,059
applicator; 1,060
(8) Determine DETERMINES those categories of applicators 1,062
who conduct diagnostic inspections or who offer pest control 1,064
services that must be performed by a certified commercial 1,065
applicator and for which written records are required.
(D) The director shall prescribe standards for the 1,067
certification of applicators of pesticides consistent with those 1,068
prescribed by the federal act and the regulations adopted 1,069
thereunder. The standards may relate to the use and handling of 1,070
pesticides or to the use and handling of the pesticide or class 1,071
of pesticide uses covered by the individual's certification, and
shall relate to the hazards involved and the use experience. 1,072
The director shall take into consideration standards of the 1,074
United States environmental protection agency. 1,075
(E) The director may adopt rules setting forth the 1,077
conditions under which he THE DIRECTOR will: 1,078
(1) Collect and examine samples of pesticides or devices; 1,080
(2) Specify classes of devices which THAT shall be subject 1,082
to this chapter; 1,083
(3) Prescribe other necessary registration information. 1,085
(F) The director may adopt rules to designate, in 1,087
addition to those restricted uses so classified by the 1,089
administrator of the United States environmental protection
agency, restricted uses of pesticides for the state or for 1,091
designated areas within the state and, if he THE DIRECTOR 1,092
considers it necessary, to further restrict such use. 1,093
25
(G) The director shall not adopt any rule under sections 1,095
921.01 to 921.29 of the Revised Code that meets either of the 1,096
following:
(1) Permits any pesticide use that is prohibited by the 1,098
federal act and regulations or orders issued thereunder; 1,099
(2) As to certified applicators of restricted use 1,101
pesticides as designated under the federal act, and rules adopted 1,103
as to experimental use permits as authorized by the federal act, 1,104
is inconsistent with the requirements of the federal act and 1,105
regulations promulgated ADOPTED thereunder. 1,106
(H) The director, after notice and opportunity for 1,108
hearing, may declare as a pest any form of plant or animal life, 1,110
other than man HUMAN BEINGS and other than bacteria, viruses, and 1,111
other microorganisms on or in living man HUMAN BEINGS or other 1,112
living animals, that is injurious to health or the environment. 1,114
(I) The director may make reports to the environmental 1,117
protection agency, in the form and containing the information the 1,118
agency may require.
(J) The director shall establish ADOPT rules for the 1,120
application, use, storage, and disposal of pesticides if, in his 1,122
THE DIRECTOR'S judgment, existing programs of the United States 1,124
environmental protection agency, necessitate such rules or
pesticide labels do not sufficiently address issues or situations 1,125
identified by the department of agriculture or interested state 1,126
agencies. The director may develop and enter into cooperative 1,127
agreements with other state agencies for the purpose of 1,128
developing and implementing voluntary or mandatory pesticide
management plans that are designed to prevent unreasonable 1,129
adverse effects on human health and the environment. 1,130
(K) The director shall adopt all rules under sections 1,132
921.01 to 921.29 of the Revised Code in accordance with Chapter 1,133
119. of the Revised Code.
Sec. 924.52. (A) The Ohio grape industries committee may: 1,142
(1) Conduct, and contract with others to conduct, 1,144
26
research, including the study, analysis, dissemination, and 1,145
accumulation of information obtained from the research or 1,146
elsewhere, concerning the marketing and distribution of grapes 1,147
and grape products, the storage, refrigeration, processing, and 1,148
transportation of them, and the production and product 1,149
development of grapes and grape products. The committee shall 1,150
expend for these activities no less than thirty per cent and no 1,151
more than seventy per cent of all money it receives from the Ohio 1,152
grape industries fund created under section 924.54 of the Revised 1,153
Code. 1,154
(2) Provide the wholesale and retail trade with 1,156
information relative to proper methods of handling and selling 1,157
grapes and grape products; 1,158
(3) Make or contract for market surveys and analyses, 1,160
undertake any other similar activities that it determines are 1,161
appropriate for the maintenance and expansion of present markets 1,162
and the creation of new and larger markets for grapes and grape 1,163
products, and make, in the name of the committee, contracts to 1,164
render service in formulating and conducting plans and programs 1,165
and such other contracts or agreements as the committee considers 1,166
necessary for the promotion of the sale of grapes and grape 1,167
products. The committee shall expend for these activities no 1,168
less than thirty per cent and no more than seventy per cent of 1,169
all money it receives from the fund. 1,170
(4) Publish and distribute to producers and others 1,172
information relating to the grape and grape product industries; 1,173
(5) Propose to the director of agriculture for adoption, 1,175
rescission, or amendment, pursuant to Chapter 119. of the Revised 1,176
Code, rules necessary for the exercise of its powers and the 1,177
performance of its duties; 1,178
(6) ADVERTISE FOR, POST NOTICES SEEKING, OR OTHERWISE 1,180
SOLICIT APPLICANTS TO SERVE IN ADMINISTRATIVE POSITIONS IN THE 1,181
DEPARTMENT OF AGRICULTURE AS EMPLOYEES WHO SUPPORT THE 1,182
ADMINISTRATIVE FUNCTIONS OF THE COMMITTEE. APPLICATIONS SHALL BE 1,183
27
SUBMITTED TO THE COMMITTEE. THE COMMITTEE SHALL SELECT
APPLICANTS THAT IT WISHES TO RECOMMEND FOR EMPLOYMENT AND SHALL 1,184
SUBMIT A LIST OF THE RECOMMENDED APPLICANTS TO THE DIRECTOR. 1,185
(B) The committee shall: 1,187
(1) Promote the sale of grapes and grape products for the 1,189
purpose of maintaining and expanding present markets and creating 1,190
new and larger intrastate, interstate, and foreign markets for 1,191
grapes and grape products, and inform the public of the uses and 1,192
benefits of grapes and grape products; 1,193
(2) Perform all acts and exercise all powers incidental 1,195
to, in connection with, or considered reasonably necessary, 1,196
proper, or advisable to effectuate the purposes of this section. 1,197
Sec. 924.521. THE DIRECTOR OF AGRICULTURE SHALL HIRE ALL 1,199
EMPLOYEES OF THE OHIO GRAPE INDUSTRIES COMMITTEE. THE DIRECTOR 1,200
SHALL SELECT THE EMPLOYEES FROM THE LIST OF RECOMMENDED 1,201
APPLICANTS SUBMITTED BY THE COMMITTEE UNDER SECTION 924.52 OF THE 1,202
REVISED CODE. EMPLOYEES OF THE COMMITTEE SHALL BE PAID WITH 1,203
MONEYS FROM THE OHIO GRAPE INDUSTRIES FUND. 1,204
Sec. 926.141. IF THE DIRECTOR OF AGRICULTURE OBTAINS 1,206
EVIDENCE THAT AN UNLICENSED HANDLER IS INSOLVENT OR IS UNABLE TO 1,207
SATISFY THE CLAIMS OF ALL DEPOSITORS, THE DIRECTOR MAY PETITION 1,208
THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE UNLICENSED 1,209
HANDLER IS LOCATED FOR THE APPOINTMENT OF A RECEIVER TO OPERATE 1,210
OR LIQUIDATE THE BUSINESS OF THE UNLICENSED HANDLER. 1,211
ALL NECESSARY EXPENSES INCURRED BY THE DIRECTOR OR A 1,213
RECEIVER APPOINTED UNDER THIS SECTION MAY BE RECOVERED FROM THE 1,214
UNLICENSED HANDLER IN A SEPARATE CIVIL ACTION BROUGHT BY THE 1,215
DIRECTOR IN THE COURT OF COMMON PLEAS OR RECOVERED AT THE SAME 1,217
TIME AND AS A PART OF THE RECEIVERSHIP ACTION FILED UNDER THIS 1,218
SECTION. AS A PART OF THE EXPENSES SO INCURRED, THE COST OF 1,219
ADEQUATE LIABILITY INSURANCE NECESSARY TO PROTECT THE DIRECTOR, 1,220
THE RECEIVER, AND OTHERS ENGAGED IN CARRYING OUT THIS SECTION MAY 1,221
BE INCLUDED.
Sec. 926.18. (A) When a depositor has made a demand for 1,230
28
settlement of an obligation concerning an agricultural commodity 1,231
on which a fee was required to be remitted under section 926.16 1,232
of the Revised Code and the licensed handler IS EXPERIENCING 1,233
FAILURE, AS "FAILURE" IS DEFINED IN SECTION 926.021 OF THE 1,234
REVISED CODE, AND has failed to honor the demand, the depositor, 1,235
after providing the director of agriculture or the director's 1,236
authorized representative with evidence of the depositor's demand 1,237
and the dishonoring of that demand, may file a claim with the 1,239
director not later than six months after dishonor of the demand
for indemnification of the depositor's damages, from the 1,241
agricultural commodity depositors fund, to be measured as
follows: 1,242
(1) The commodity advisory commission created in section 1,244
926.32 of the Revised Code shall establish the dollar value of 1,245
the loss incurred by a depositor holding a receipt or a ticket 1,246
for agricultural commodities on which a fee was required and that 1,247
the depositor delivered to the handler under a delayed price 1,248
agreement, bailment agreement, or feed agreement, or that the 1,250
depositor delivered to the handler before delivery was due under
a contract or other agreement between the depositor and handler. 1,251
The value shall be based on the fair market price being paid to 1,253
producers by handlers for the commodities on the date on which 1,254
the director received notice that the receipt or ticket was 1,255
dishonored by the handler. All depositors filing claims under 1,256
this division shall be bound by the value determined by the 1,257
commission.
(2) The dollar value of the loss incurred by a depositor 1,259
who has sold or delivered for sale, exchange, or solicitation or 1,260
negotiation for sale agricultural commodities on which a fee was 1,261
required and who is a creditor of the handler for all or a part 1,262
of the value of the commodities shall be based on the amount 1,263
stated on the obligation on the date of the sale. 1,264
(B) The agricultural commodity depositors fund shall be 1,266
liable to a depositor for any moneys that are not recovered 1,267
29
through other legal and equitable remedies as follows: 1,268
(1) For commodities stored with a licensed handler under a 1,270
bailment agreement for one hundred per cent of the depositor's 1,272
loss as determined under division (A)(1) of this section;
(2) For commodities deposited with a licensed handler 1,274
under an agreement other than a bailment agreement for one 1,276
hundred per cent of the first ten thousand dollars of the 1,277
depositor's loss and eighty per cent of the remaining dollar 1,278
value of that loss as determined under divisions (A)(1) and (2) 1,279
of this section. The aggregate amount recovered by a depositor 1,281
under all remedies shall not exceed one hundred per cent of the 1,282
value of the depositor's loss. If the moneys recovered by a 1,283
depositor under all remedies exceed one hundred per cent of the 1,284
value of the depositor's loss, the depositor shall reimburse the 1,285
fund in the amount that exceeds the value of that loss. 1,286
(C) The director, with the approval of the commodity 1,288
advisory commission, shall determine the validity of all claims 1,289
presented against the fund. A claim filed under this section for 1,290
losses on agricultural commodities other than commodities stored 1,291
under a bailment agreement shall not be valid unless the 1,292
depositor has made a demand for settlement of the obligation 1,293
within twelve months after the commodities are priced. Any 1,294
depositor whose claim has been refused by the director and the 1,295
commission may appeal the refusal either to the court of common 1,296
pleas of Franklin county or the court of common pleas of the 1,297
county in which the depositor resides. 1,298
The director shall provide for payment from the fund to any 1,300
depositor whose claim has been found to be valid. 1,301
(D) If at any time the fund does not contain sufficient 1,303
assets to pay valid claims, the director shall hold those claims 1,304
for payment until the fund again contains sufficient assets. 1,305
Claims against the fund shall be paid in the order in which they 1,306
are presented and found to be valid. 1,307
(E) If a depositor files an action for legal or equitable 1,309
30
remedies in a state or federal court having jurisdiction in those 1,310
matters that includes a claim against agricultural commodities 1,311
upon which the depositor may file a claim against the fund at a 1,312
later date, the depositor also shall file with the director a 1,314
copy of the action filed with the court. 1,315
In the event of payment of a loss under this section, the 1,317
director shall be subrogated to the extent of the amount of any 1,318
payments to all rights, powers, privileges, and remedies of the 1,319
depositor against any person regarding the loss. 1,320
The depositor shall render all necessary assistance to aid 1,322
the director in securing the rights granted in this section. No 1,323
action or claim initiated by the depositor and pending at the 1,324
time of payment from the fund may be compromised or settled 1,325
without the consent of the director. 1,326
(F) If, prior to June 20, 1994, a lawsuit, adversary 1,329
proceeding, or other legal proceeding is brought against a 1,330
depositor to recover money or payments from funds to which a 1,331
depositor has a right of indemnification under this section, and 1,332
the depositor retains legal counsel resulting in a cost or 1,333
expense to the depositor, upon the rendering of a judgment or 1,334
other resolution of the lawsuit, adversary proceeding, or other
legal proceeding, the director, in the director's discretion and 1,336
with the approval of the commodity advisory commission, may
authorize indemnification from the fund for attorney's fees paid 1,337
by the depositor. Any claim made by a depositor for the payment 1,338
of attorney's fees under this division shall be made in the same 1,339
manner as a claim under division (A) of this section. 1,340
Attorney's fees payable under this division shall be 1,342
limited to the actual hourly fee charged or one hundred dollars 1,343
per hour, whichever is less, and to a total maximum amount of 1,344
three hundred dollars.
Sec. 926.20. (A) Upon the request of a depositor, a 1,353
licensed handler shall issue a receipt for any agricultural 1,354
commodity that he THE HANDLER has received from the depositor for 1,356
31
storage under a bailment agreement. Even if the depositor has
not requested that a receipt be issued, the agricultural 1,357
commodity delivered for storage under a bailment agreement shall 1,358
be considered to be in "open storage," and the responsibility of 1,359
the bailee to the bailor shall remain the same as if a 1,360
nonnegotiable receipt had been issued upon deposit of the 1,361
commodity into the handler's warehouse. 1,362
No licensed handler shall receive an agricultural commodity 1,364
for storage under a bailment agreement until he THE HANDLER has 1,365
weighed, inspected, and graded the commodity. 1,366
(B) The director of agriculture shall cause receipt forms 1,368
to be printed on distinctive paper by a bonded printer PROVIDE 1,369
AND PRINT ON DISTINCTIVE PAPER, PAPER WAREHOUSE RECEIPTS. IF THE 1,370
DIRECTOR CONSIDERS IT NECESSARY, THE DIRECTOR MAY AUTHORIZE 1,371
ELECTRONIC WAREHOUSE RECEIPTS IN ACCORDANCE WITH GUIDELINES 1,372
ESTABLISHED IN RULES ADOPTED UNDER SECTION 926.02 OF THE REVISED 1,373
CODE. Each receipt, PAPER OR ELECTRONIC, shall contain within 1,374
its printed terms spaces for AT LEAST the following information: 1,376
(1) The location of the warehouse where the agricultural 1,378
commodity is stored; 1,379
(2) The date of issuance of the receipt; 1,381
(3) The rate of storage charges or the basis for the 1,383
charges; 1,384
(4) The net weight, the percentage of dockage or foreign 1,386
material, and the grade of the commodity; 1,387
(5) "Negotiable" or "nonnegotiable" according to the 1,389
nature of the receipt, conspicuously printed or stamped INDICATED 1,391
on it;
(6) The signature of the licensed handler or his THE 1,393
HANDLER'S authorized agent; 1,394
(7) A statement of the amount of advances made or 1,396
liability incurred for which the handler claims a lien or, if the 1,397
precise amount of advances made or liabilities incurred at the 1,398
time of issuance of the receipt is unknown to the handler or to 1,399
32
the agent who issues it, a statement of the fact that advances 1,400
have been made or liabilities incurred; 1,401
(8) If the receipt is for a commodity that the handler 1,403
owns, either wholly, jointly, or in common with others, the facts 1,404
about the ownership; 1,405
(9) Any other information that the director may require by 1,407
rule. 1,408
The director shall cause receipt forms to be distributed to 1,410
licensed handlers at cost. The revenue from the distribution 1,411
shall be remitted to the director and credited to the commodity 1,412
handler regulatory program fund created in division (A) of 1,413
section 926.19 of the Revised Code in the same manner as other 1,414
fees collected under that division. 1,415
(C) All receipts issued by a licensed handler shall be 1,417
numbered and issued consecutively. 1,418
(D) Before issuing any receipt, a licensed handler shall 1,420
file with the director a certified copy of his THE HANDLER'S 1,421
signature and the signature of any person he THE HANDLER has 1,422
authorized to issue receipts. 1,423
(E) No licensed handler shall fail to return to the 1,425
director all receipts and tickets remaining unused on the date of 1,426
revocation or termination of his THE HANDLER'S license. 1,427
(F) No person shall issue a receipt for any agricultural 1,429
commodity except upon a receipt form furnished OR AUTHORIZED by 1,430
the director under this section. 1,432
(G) No person, with intent to defraud, shall falsely make, 1,434
alter, forge, counterfeit, or photograph a receipt. 1,435
Sec. 1327.50. The director of agriculture shall: 1,444
(A) Maintain traceability of the state standards to those 1,446
of the national institute of standards and technology; 1,447
(B) Enforce sections 1327.46 to 1327.61 of the Revised 1,449
Code; 1,450
(C) Issue reasonable rules for the uniform enforcement of 1,452
sections 1327.46 to 1327.61 of the Revised Code, which rules 1,453
33
shall have the force and effect of law; 1,454
(D) Establish standards of weight, measure, or count, 1,456
reasonable standards of fill, and standards for the voluntary 1,457
presentation of cost per unit information for any package; 1,458
(E) Grant any exemptions from sections 1327.46 to 1327.61 1,460
of the Revised Code, or any rules adopted under those sections, 1,461
when appropriate to the maintenance of good commercial practices 1,462
in the state; 1,463
(F) Conduct investigations to ensure compliance with 1,465
sections 1327.46 to 1327.61 of the Revised Code; 1,466
(G) Delegate to appropriate personnel any of these 1,468
responsibilities for the proper administration of his THE 1,469
DIRECTOR'S office; 1,470
(H) Test as often as is prescribed by rule the standards 1,472
of weight and measure used by any municipal corporation or county 1,473
within the state, and approve the same when found to be correct; 1,474
(I) Inspect and test weights and measures kept, offered, 1,476
or exposed for sale; 1,477
(J) Inspect and test to ascertain if they are correct, 1,479
weights and measures commercially used either: 1,480
(1) In determining the weight, measure, or count of 1,482
commodities or things sold, or offered or exposed for sale, on 1,483
the basis of weight, measure, or count; 1,484
(2) In computing the basic charge or payment for goods or 1,486
services rendered on the basis of weight, measure, or count. 1,487
(K) Test all weights and measures used in checking the 1,489
receipt or disbursement of supplies in every institution, for the 1,490
maintenance of which funds are appropriated by the general 1,491
assembly; 1,492
(L) Approve for use, and may mark, such weights and 1,494
measures as he THE DIRECTOR finds to be correct, and shall reject 1,496
and mark as rejected such weights and measures as he THE DIRECTOR 1,497
finds to be incorrect. Weights and measures that have been 1,498
rejected may be seized if not corrected within the time specified 1,499
34
or if used or disposed of in a manner not specifically 1,500
authorized, and may be condemned and seized if found to be 1,501
incorrect and not capable of being made correct. 1,502
(M) Weigh, measure, or inspect packaged commodities kept, 1,504
offered, or exposed for sale, sold, or in the process of delivery 1,505
to determine whether they contain the amounts represented and 1,506
whether they are kept, offered, or exposed for sale in accordance 1,507
with sections 1327.46 to 1327.61 of the Revised Code or rules 1,508
adopted under those sections. In carrying out this section, the 1,509
director shall employ recognized sampling procedures, such as 1,510
those designated in the national institute of standards and 1,511
technology handbook 133 "checking the net contents of packaged 1,512
goods." 1,513
(N) Prescribe by rule the appropriate term or unit of 1,515
weight or measure to be used, whenever he THE DIRECTOR determines 1,517
in the case of a specific commodity that an existing practice of 1,518
declaring the quantity by weight, measure, numerical count, or 1,519
combination thereof, does not facilitate value comparisons by 1,520
consumers, or offers an opportunity for consumer confusion; 1,521
(O) Allow reasonable variations from the stated quantity 1,523
of contents, which shall include those caused by unavoidable 1,524
deviations in good manufacturing practice and by loss or gain of 1,525
moisture during the course of good distribution practice, only 1,526
after the commodity has entered intrastate commerce; 1,527
(P) Provide for the weights and measures training of 1,529
inspector personnel and establish minimum training requirements, 1,530
which shall be met by all inspector personnel, whether county, 1,531
municipal, or state; 1,532
(Q) Prescribe the methods of tests and inspections to be 1,534
employed in the enforcement of sections 1327.46 to 1327.61 of the 1,535
Revised Code. The director may prescribe the official test and 1,536
inspection forms to be used. 1,537
(R) Provide by rule for voluntary registration with the 1,539
director of private weighing and measuring device servicing 1,540
35
agencies, and personnel; 1,541
(S) In conjunction with the national institute of 1,543
standards and technology, operate a type evaluation program for 1,544
certification of weighing and measuring devices as part of the 1,545
national type evaluation program. The director shall establish a 1,546
schedule of fees for services rendered by the department of 1,547
agriculture in operating the type evaluation program FOR TYPE 1,548
EVALUATION SERVICES. THE DIRECTOR MAY REQUIRE ANY WEIGHING OR 1,550
MEASURING INSTRUMENT OR DEVICE TO BE TRACEABLE TO A NATIONAL TYPE 1,551
EVALUATION PROGRAM CERTIFICATE OF CONFORMANCE PRIOR TO USE FOR 1,552
COMMERCIAL OR LAW ENFORCEMENT PURPOSES.
Section 2. That existing sections 917.23, 918.02, 918.04, 1,554
918.08, 918.22, 918.25, 918.28, 921.02, 921.021, 921.06, 921.07, 1,555
921.08, 921.09, 921.10, 921.12, 921.13, 921.16, 924.52, 926.18, 1,556
926.20, and 1327.50 of the Revised Code are hereby repealed. 1,557
Section 3. The Director of Agriculture shall adopt rules 1,559
under section 921.16 of the Revised Code, as amended by this act, 1,560
to take effect not later than one hundred eighty days after the 1,561
effective date of this act. Until those rules take effect, 1,562
notwithstanding sections 921.02, 921.021, 921.06, 921.07, 921.08, 1,563
921.12, and 921.13 of the Revised Code, as amended by this act, 1,564
the holder of a registration or license issued under any of those 1,565
sections as the applicable section existed prior to the effective 1,566
date of this act shall renew the registration or license in the 1,567
same manner as a registration or license was renewed under the 1,568
applicable section as it existed immediately before the taking 1,569
effect of this act, and the registration or license expires in 1,570
the same manner as a registration or license expired under the 1,571
applicable section as it existed immediately before the taking 1,572
effect of this act. 1,573