As Introduced

125th General Assembly Regular Session 2003-2004

H. B. No. 143

Representatives Aslanides, McGregor, Hagan, Collier, Husted, Widener, Hollister, C. Evans, Widowfield, Carmichael, Barrett 

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A BILL

To amend sections 907.01, 907.02, 907.03, 907.04,

1

907.07, 907.08, 907.081, 907.09, 907.10, 907.12,

2

907.13, 907.15, 907.16, and 907.31, to enact new

3

section 907.14, and to repeal section 907.14 of

4

the Revised Code to revise the law governing the

5

labeling and sale of seed.

6

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 907.01, 907.02, 907.03, 907.04,	7
907.07, 907.08, 907.081, 907.09, 907.10, 907.12, 907.13, 907.15,	8
907.16, and 907.31 be amended and new section 907.14 of the	9
Revised Code be enacted to read as follows:	10

Sec. 907.01.  As used in sections 907.01 to 907.17 of the	11
Revised Code:	12

(A) "Advertisement" means any representation, other than that	13
on a label, disseminated in any manner or by any means.	14

(B) "Agricultural seed" means the seed of grass, native	15
grass, forage, cereal, field and fiber crops, any other kinds of	16
seed commonly recognized in this state as agricultural or field	17
seed, lawn seed, and mixtures or blends of such seed.	18

(C) "Certifying agency" means an agency authorized by the	19
laws of a state or a foreign country to certify officially seed,	20
tubers for seeding purposes, or plants for varietal identification	21
or for other factors and, in the case of seed, an agency	22
determined by the United States secretary of agriculture to follow	23
procedures and standards of seed certification comparable to those	24
generally followed by seed certifying agencies whichthat are	25
members of the association of official seed certifying agencies.	26
The certifying agency for this state is the seed certifying entity	27
designated by the director of agriculture by rule.	28

(D) "Germination" means the emergence and development from	29
seed embryos of those structures whichthat indicate the	30
capability of producing normal seedlings under ordinarily	31
favorable conditions as determined by methods prescribed by rules	32
of the association of official seed analysts.	33

(E) "Hard seed" means seed whichthat, because of	34
impermeability, does not absorb moisture or germinate, but remains	35
hard during the period of germination prescribed for that	36
particular kind of seed.	37

(F) "Hermetically sealed" means that the container used does	38
not allow water vapor penetration through any wall, including the	39
seals, greater than five one-hundredths grams of water per	40
twenty-four hours per one hundred square inches of surface at one	41
hundred degrees Fahrenheit with a relative humidity on one side of	42
ninety per cent and on the other side of zero per cent.	43

(G) "Hybrid" means the first generation seed of a cross	44
produced by controlling the pollination and by combining:	45

(1) Two or more inbred lines;

46

(2) One inbred or a single cross with an open-pollinated	47
variety;	48

(3) Two varieties or species, except open-pollinated	49
varieties of corn (Zea Mays). The	50

The second generation and subsequent generations from such	51
crosses shall not be regarded as hybrids.	52

(H) "In bulk" or "bulk" means loose in vehicles,or bins, or	53
other containers, but not in bags, boxes, or packets.	54

(I) "Inert matter" means all matter not seeds, including	55
broken seeds, sterile florets, chaff, fungus bodies, and stones.	56

(J) "Kind," in reference to seed, means one or more related	57
species or subspecies whichthat, singly or collectively, are	58
known by one common name, for example, soybeans, oats, alfalfa, or	59
timothy.	60

(K) "Label," except as used in "inspection fee label," means	61
anya tag or other device that is attached to or written, stamped,	62
or printed, or graphic matter upon or attached to aon any	63
container of seed or the invoice pertaining theretothat	64
accompanies any lot of bulk seed and that describes the kind of	65
seed together with any other information required by law. "Label"	66
includes an invoice under which any seed is imported into the	67
state.	68

(L) "Lot of seed" means a definite quantity of seed	69
identified by a lot number or other identification, every portion	70
or bag of which is uniform, within permitted tolerances, as to the	71
factors whichthat appear on the label.	72

(M) "Mixture" means a lot of agricultural seed consisting of	73
more than one kind or variety, each of which is present in excess	74
of five per cent of the whole.	75

(N) "Origin" means a state, the District of Columbia, Puerto	76
Rico, a possession of the United States, or a foreign country, or	77
designated portion thereof, where grown.	78

(O) "Other crop seed" means agricultural seed commingled with	79
the kind, or kind and variety, of seed under consideration, but	80
less than five per cent by weight of the lot.	81

(P) "Person" means any individual, partnership, corporation,	82
company, society, association, public agency, receiver, trustee,	83
or agent.	84

(Q) "Place of business" means any location, including any	85
vehicle, where seed is sold, processed, conditioned, or stored.	86

(R) "Primary noxious weeds" or "prohibitedProhibited noxious	87
weeds" means perennial weeds whichthat reproduce by seed, spread	88
by roots, underground stems, or other reproductive parts, and,	89
when established, are highly destructive and difficult to control.	90

(S) "Processing" or "conditioning" means cleaning to remove	91
chaff, sterile florets, immature seeds, weed seeds, inert matter,	92
and other crop seeds, scarifying, blending to obtain uniform	93
quality, or any other operation whichthat would change the purity	94
or germination of the seed and therefore require retesting to	95
determine the quality of the seed. "Processing" or "conditioning"	96
does not include such operations as packaging, labeling, blending	97
uniform lots of the same kind or variety without cleaning, or	98
preparing a mixture without cleaning, any of which would not	99
require retesting to determine the quality of the seed.	100

(T) "Pure seed" means agricultural or, vegetable, or flower	101
seed free of inert matter and free of other seed distinguishable	102
by appearance or by test. "Pure seed" also includes agricultural	103
seed that contains seeds of other kinds or varieties that comprise	104
five per cent or less of the whole and that are described on the	105
label as components of a mixture or blend that comprises five per	106
cent or less of the whole.	107

(U) "Records" means the complete data, including	108
representative samples, concerning each lot of agricultural seed	109
that is sold. "Records" includes information about the seed's	110
source of purchase,and origin,; the results of germination,	111
tests; the results of purity,tests regarding the amount of pure	112
seed, inert matter, crop seed, weed seed, and noxious weed seed	113
contained in the lot of seed; and information concerning the	114
processing, and disposition of each lot of agriculturalthe seed	115
sold.	116

(V) "Screenings" means chaff, sterile florets, immature seed,	117
inert matter, weed seed, or any other matter removed from seed in	118
any kind of processing and whichthat contains less than	119
twenty-five per cent by weight of live agricultural or, vegetable,	120
or flower seed.	121

(W) "Secondary noxious weeds" or "restrictedRestricted	122
noxious weeds" means weeds whichthat are objectionable in fields,	123
lawns, or gardens, but whichthat can be controlled by good	124
cultural practices.	125

(X) "Sell" meansor "sold" includes:

126

(1) Transferring ownership, offering or exposing for sale,	127
exchanging, distributing, giving away, or transporting in this	128
state;	129

(2) Storing, carrying, or handling in aid of traffic in this	130
state, whether in person or through an agent, employee, or others;	131

(3) Receiving, accepting, or holding on consignment for sale.

132

(Y) "StandardGermination standard," as applied to vegetable	133
or flower seed, means the minimum percentage of germination	134
established by the director of agriculture for any kind or variety	135
of seed.	136

(Z) "Tolerance" means the allowable deviation from any	137
percentage, fraction, or rate of occurrence stated on the label of	138
a lot of seed. Tolerance is based on the law of normal variation	139
from a mean.	140

(AA) "Type" means either a group of varieties so nearly	141
similar that the individual varieties cannot be clearly	142
differentiated except under special conditions or, when used with	143
a variety name, seed of that variety whichthat may be mixed with	144
seed of other varieties of the same kind and of similar character.	145
In either case, ninety per cent of the pure seed shall be of the	146
variety or group of varieties named or, upon growth, shall produce	147
plants having characteristics similar to the variety or group of	148
varitiesvarieties named.	149

(BB) "Variety" means a subdivision of a kind whichthat is	150
characterized by growth, plant, fruit, seed, or other	151
characteristics by which it can be differentiated from other sorts	152
of the same kind.	153

(CC) "Vegetable seed" means the seed of any crop whichthat	154
is grown in gardens or on truck farms and is generally known and	155
sold in this state under the name of vegetable seed or herb seed.	156

(DD) "Weed seed" means the seed and bulblets of all plants	157
generally recognized in this state as weeds, including prohibited	158
noxious weeds and restricted noxious weeds.	159

(EE) "Coated agricultural seed" means an agricultural seed	160
with a film or layer applied to the seed, whichthat is greater	161
than one per cent of the net weight, for purposes of, including,	162
but not limited to, accurate seeding, nitrogen fixation, nutrient	163
improvement, or protection from insects and pathogens. "Coated	164
agricultural seed" does not include seeds treated with dusts or	165
liquids, whichthat are virtually unmeasurable using association	166
of official seed analysts rules.	167

(FF) "Combination seed-mulch product" means any product	168
containing both seeds and a natural or artificial substance that	169
is applied to the soil surface for the purpose of promoting seed	170
germination through moisture retention, maintaining soil	171
temperature, or preventing erosion, and may contain fertilizer.	172

(GG) "Blend" means seed that consists of more than one	173
variety of a kind, with each variety representing more than five	174
per cent by weight of the whole.	175

(HH) "Flower seed" means the seed of herbaceous plants grown	176
for their blooms, ornamental foliage, or other ornamental parts	177
and commonly known as and sold under the name of flower seed.	178

(II) "Pure live seed" means the sum of seed's percentage of	179
germination plus the percentage of hard seed or dormant seed,	180
multiplied by the percentage of pure seed, the product of which is	181
divided by one hundred. The result is expressed as a whole number.	182
Expressed as an equation, the definition of "pure live seed" is as	183
follows: (percentage of germination plus percentage of hard seed	184
or dormant seed) multiplied by the percentage of pure seed equals	185
(product)divided by one hundred equals pure live seed.	186

(JJ) "Cool season grass seed" means the agricultural seed of	187
Kentucky bluegrass, red fescue, chewings fescue, hard fescue, tall	188
fescue, perennial ryegrass, intermediate ryegrass, annual	189
ryegrass, colonial bentgrass, creeping bentgrass, and mixtures or	190
blends containing only those grass seeds.	191

(KK) "Native grass" has the meaning established in rules	192
adopted under section 907.10 of the Revised Code.	193

(LL) "Class of seed" means a classification of seed that is	194
established using the standards and procedures established by the	195
association of official seed certifying agencies and that	196
designates seed as breeder, foundation, registered, or certified	197
seed.	198

(MM) "Container" means a packet, bag, box, tape, tube,	199
envelope, pre-planted device, mat, or other device used to contain	200
seed, except that "container" does not include a vehicle or bin	201
used to contain bulk seed.	202

Sec. 907.02.  (A) The Ohio seed improvement association	203
entity that is designated by the director of agriculture in rules	204
adopted under section 907.10 of the Revised Code as having the	205
authority to certify seed in this state shall certify for Ohio,	206
agricultural or, vegetable, or flower seed, tubers for seeding	207
purposes, or plants for varietal identification or for other	208
factors.	209

(B) No person shall use, orally or in writing, alone or with	210
other words, "certified," "registered," "foundation," or any other	211
term whichthat suggests that the seed, tubers for seeding	212
purposes, or plants have been certified unless the seed, tubers	213
for seeding purposes, or plants have been certified by the Ohio	214
seed improvement associationcertifying entity designated by rule	215
to do so.	216

(C) The following information shall appear on the	217
certification label attached to each container of each lot of	218
seed, tubers for seeding purposes, or plants sold as "certified,"	219
"registered," or "foundation":	220

(1) The grower's name and address or producer number;

221

(2) The name of the Ohioentity that certified the seed	222
improvement association as the certifying agency;	223

(3) The origin of the seed, tubers for seeding purposes, or	224
plants;	225

(4) The class, kind, variety, and germ plasm of the seed;

226

(5) Any other information the director of agriculture may	227
require by rule concerning health, vigor, purity, type, and other	228
matters pertaining to certification.	229

(D) The seed certifying entity described in division (A) of	230
this section shall establish standards and procedures for seed	231
certification that are no less stringent than those prescribed by	232
the association of official seed certifying agencies and that do	233
not conflict with sections 907.01 to 907.17 of the Revised Code	234
and rules adopted under them. The seed certifying entity shall	235
designate intervals at which it shall conduct a review of the	236
certification standards and procedures. No proposed change to the	237
standards and procedures may take effect unless the change first	238
is approved by an affirmative vote of at least two-thirds of the	239
members of the seed certifying entity's governing body.	240

Sec. 907.03.  (A) Each container of agricultural or,	241
vegetable, or flower seed whichthat is sold for sowing purposes	242
shall bear thereonon it or have attached theretoto it in a	243
conspicuous place a label plainly written or printed in the	244
English language giving the following information:	245

(1) For agricultural seed that is sold on a pure live seed	246
basis or any other basis:	247

(a) The commonly accepted name of the kind, or kind and	248
variety, of each agricultural seed component in excess of five per	249
cent by weight of the whole and the percentage by weight of each	250
in the order of its predominance. If the director of agriculture	251
has determined in rules prescribedadopted under section 907.10 of	252
the Revised Code that any such component is generally labeled as	253
to variety, the label shall bear, in addition to the name of the	254
kind, the name of the variety, or the statement "variety not	255
stated." If any such component is a hybrid, the label shall also	256
bear the name of the hybrid. If more than one componentseed kind	257
is required to be namedlisted on the label, the word "mixture" or	258
"mixed" shall be statedappear conspicuously on the label. If more	259
than one variety is listed on the label of seed consisting of a	260
single kind, the word "blend" shall appear on the label.	261

(b) The lot number or other lot identification;

262

(c) The origin, if known, of alfalfa and red clover. If the	263
origin is unknown, thethat fact shall be stated.	264

(d) The percentage by weight of all weed seed;

265

(e) The name and number of each kind of secondaryrestricted	266
noxious-weed seed per ounce, when present singly or in	267
combination:	268

(i) In excess of one seed in each ten grams of timothy, red	269
top, tall meadow oatgrass, orchardgrass, crested dog's-tail,	270
Kentucky bluegrass, Canada bluegrass, fescue, bromegrass,	271
perennial and Italian ryegrass, crimson clover, red clover, white	272
clover, alsike clover, sweet clover, alfalfa, or any other	273
agricuturalagricultural seed of similar size, other grasses and	274
clovers not otherwise classified, or any combination thereof;	275

(ii) In excess of one seed in each fifty grams of millet,	276
rape, flax, sudangrass, or other seed not specified in division	277
(A)(1)(e)(i) or division (A)(1)(f) of this section, or any	278
combination thereof.	279

(f) The name and number of each kind of secondaryrestricted	280
noxious-weed seed per pound when present, singly or in	281
combination, in excess of one seed in each two hundred grams of	282
wheat, oats, rye, barley, buckwheat, vetches, or any other seed as	283
large as or larger than wheat, or any combination thereof;	284

(g) The percentage by weight of agricultural seed, which may	285
be designated as "crop seed," other than that required to be named	286
on the label;	287

(h) The percentage by weight of inert matter;

288

(i) For each named agricultural seed: the percentage of	289
germination, exclusive of hard seed; the percentage of hard seed,	290
if present; and the calendar month and year the test was completed	291
to determine these percentages;	292

(j) The name and address of the person who labels the seed.

293

(2) For coated agricultural seed, in addition to the	294
information required under division (A)(1) of this section:	295

(a) The percentage by weight of pure seed with coating	296
material removed;	297

(b) The percentage by weight of coating material;

298

(c) The percentage by weight of inert matter exclusive of	299
coating material;	300

(d) The percentage of germination determined on four hundred	301
coated pellets.	302

(3) For vegetable seed that is sold in containers weighing	303
eight ounces or less:	304

(a) The name of the kind and variety of the seed;

305

(b) The percentage of germination of the seed, which shall be	306
equal to or above the germination standard unless the label of the	307
seed indicates in accordance with division (A)(3)(c) of this	308
section that the germination is below standard;	309

(c) For seed whichthat germinates less than the germination	310
standard established by the director under division (B)(3) of	311
section 907.10 of the Revised Code:	312

(i) The percentage of germination, exclusive of hard seed;	313
the percentage of hard seed, if present; and the calendar month	314
and year the test was completed to determine these percentages;	315

(ii) "Below standard" in not less than 8-point type in a	316
conspicuous place on the same side of the label as that which	317
states the percentage of germination or on the face of the	318
container.	319

(c) The name and address of the person who labels or sells	320
the seed;	321

(d) The percentage of germination of any vegetable seed sold	322
in packets weighing less than four ounces shall be equal to or	323
above the standard.	324

(e) The percentage of germination of any vegetable seed	325
determined to be above the standard may be stated on the label,or	326
container, or packet.	327

(3) For coated agricultural seed, in addition to the	328
information required under division (A)(1) of this section:	329

(a) The percentage by weight of pure seeds with coating	330
material removed;	331

(b) The percentage by weight of coating material;

332

(c) The percentage by weight of inert matter exclusive of	333
coating material;	334

(d) The percentage of germination determined on four hundred	335
coated pellets.	336

(d) The name and address of the person who labels the seed;

337

(e) The year in which the packed seed is intended for sale;

338

(f) The lot number.

339

(4) For vegetable seed that is sold in containers weighing	340
more than eight ounces:	341

(a) The name of each kind and variety of vegetable seed	342
present in excess of five per cent and the percentage by weight of	343
each in order of its predominance;	344

(b) The lot number;

345

(c) The following information for each vegetable seed named	346
on the label:	347

(i) The percentage of germination exclusive of hard seed;

348

(ii) The percentage of hard seed, if present.

349

Germination and hard seed may be stated as a total percentage if	350
desired.	351

(iii) The calendar month and year that the test used to	352
determine each percentage was completed.	353

(d) The name and address of the person who labels the seed;

354

(e) The name and amount of each kind of restricted	355
noxious-weed seed that is present in one ounce of the seed.	356

(5) For flower seed that is sold in containers weighing eight	357
ounces or less:	358

(a) The common name or, if commonly used, the scientific name	359
of the kind and variety of flower seed;	360

(b) The percentage of germination of the flower seed, which	361
shall be equal to or above the germination standard established by	362
the director under division (B)(3) of section 907.10 of the	363
Revised Code unless the label of the seed indicates in accordance	364
with division (A)(5)(c) of this section that the germination is	365
below standard;	366

(c) The following information for flower seed that germinates	367
less than the germination standard established by the director	368
under division (B)(3) of section 907.10 of the Revised Code:	369

(i) The percentage of germination, exclusive of hard seed;

370

(ii) The percentage of hard seed, if present;

371

(iii) The calendar month and year that the test used to	372
determine the percentages was completed;	373

(iv) The words "below standard" in not less than eight-point	374
type in a conspicuous place on the same side of the label as that	375
which states the percentage of germination or on the face of the	376
container.	377

The percentage of germination of any flower seed determined	378
to be above the standard may be stated on the label or container.	379

(d) The name and address of the person who labels the seed;

380

(e) The year in which the packed seed is intended for sale;

381

(f) The lot number.

382

(6) For flower seed in containers weighing more than eight	383
ounces:	384

(a) The name of each kind and variety of flower seed present	385
in excess of five per cent and the percentage by weight of each in	386
order of its predominance;	387

(b) The lot number;

388

(c) The following information for each flower seed named on	389
the label:	390

(i) The percentage of germination exclusive of hard seed;

391

(ii) The percentage of hard seed, if present.

392

Germination and hard seed may be stated as a total percentage if	393
desired.	394

(iii) The calendar month and year that the test used to	395
determine each percentage was completed.	396

(d) The name and address of the person who labels the seed;

397

(e) The name and amount of each kind of restricted	398
noxious-weed seed that is present in one ounce of the seed.	399

(7) For combination seed-mulch products:

400

(a) The word "combination," which shall be printed on the	401
upper third of the principal display panel in the largest and most	402
conspicuous type in relation to other words and designs on the	403
label;	404

(b) Following the word "combination" on the upper third of	405
the principal display panel, the words "seed, mulch, and	406
fertilizer," as applicable and not necessarily in that order,	407
printed in type smaller than, but no less than one-half the size	408
of, the type used to print the word "combination.";	409

(c) In addition to the information required under division	410
(A)(1) of this section, the product's analysis label shall contain	411
all of the following:	412

(i) The seed origin, if known, for each kind or variety, or	413
both;	414

(ii) The percentages by weight of mulch and, if applicable,	415
of fertilizer;	416

(iii) Any noxious weeds. If no noxious weeds are present,	417
"noxious weeds--none found" shall be stated.	418

(B) The total of the percentages required by divisions	419
(A)(1)(i) and (A)(2)(b)(i) of this section may be stated on the	420
label. Such total shall be used when applying the rules of	421
toleranceWhen extreme dormancy is encountered with respect to any	422
of the following named grasses, the result of a tetrazolium test	423
also may be shown on the label of the grass seed to indicate the	424
potential germination and viability of the seed:	425

(1) Bluestem, big (Andropogon gerardii);

426

(2) Bluestem, little (Schizachyrium scoparium);

427

(3) Dropseed, sand (Sporobolus cryptandrus);

428

(4) Grama, sideoats (Bouteloua curtipendula);

429

(5) Indiangrass (Sorghastrum nutans);

430

(6) Needlegrass (Stipa viridula);

431

(7) Switchgrass (Panicum virgatum).

432

(C) In the case of agricultural or vegetable seed sold from	433
vehicles, bins, or other bulk containers to which the purchaser	434
has access before buying, the seller shall attach a complete label	435
to the bulk container or display adjacent thereto a placard	436
bearing a complete label stating the information required by this	437
section. The label shall be conspicuous to the buyer. If the buyer	438
purchases more than ten pounds of the bulk seed, the seller shall	439
attach a label to the container of seed being purchased stating	440
the information required by this sectionBulk agricultural,	441
vegetable, or flower seed that is offered for sale or sold shall	442
comply with the labeling requirements established in division (A)	443
of this section, except that the label shall be provided in the	444
following manner rather than being attached to a container:	445

(1) The label shall be posted next to the bulk seed so that	446
it is easily read by the purchaser.	447

(2) In the case of bulk seed purchased in excess of twenty	448
pounds, the seller shall provide a copy of the label to the	449
consumer in conjunction with the bill of sale.	450

(D) No information concerning a test date, pure seed, inert	451
matter, crop seed, weed seed, germination, hard seed, or noxious	452
weed seed shall be included on a label for agricultural,	453
vegetable, or flower seed unless a test has been conducted on that	454
lot of seed prior to its labeling to determine the accuracy of the	455
information.	456

Sec. 907.04.  (A) Any person sellingwho holds a valid seed	457
labeler permit issued under section 907.13 of the Revised Code and	458
who sells agricultural or, vegetable, or flower seed shall, for a	459
period of eighteen months from the date of the final sale or other	460
final disposition he makesmade, keep complete records of each lot	461
of agricultural or, vegetable, or flower seed that hethe person	462
sells; provided, that if. If purchases are made from persons who	463
keep records available for inspection as required under this	464
division, the keeping for eighteen months of an invoice of each	465
purchase and sale stating the kind of seed and the lot number	466
meets the requirement as to records.	467

(B) Any person located outside this state who distributes	468
agricultural or, vegetable, or flower seed within or into this	469
state shall maintain the records required under division (A) of	470
this section at a location in this state. If the director of	471
agriculture or histhe director's designated representative	472
determines that an audit of such a person is necessary in order to	473
determine the sales of seed made within or into this state by that	474
person and the amount of the fee that the person owes this state	475
under section 907.13907.14 of the Revised Code, the director or	476
the director's authorized agent may request the auditor of state	477
to audit the person. Upon receiving a request from the director	478
under this division, the auditor of state shall conduct such an	479
audit. If the audit occurs at a location outside this state, the	480
person being audited shall pay the director all the costs incurred	481
by the auditor of state in conducting the audit. The costs of any	482
audit under this division shall be charged to the department of	483
agriculture in the same manner as costs of an audit of the	484
department.	485

Sec. 907.07.  No person shall sell any agricultural or,	486
vegetable, or flower seed:	487

(A) Unless the test used to determine the information	488
concerning the seed's percentage of germination that is required	489
by section 907.03 of the Revised Code to appear on the label of	490
the seed has been completed within:	491

(1) A nine-monthtwelve-month period immediately prior to	492
sale, exclusive of the calendar month in which the test was	493
completed, if the seed is not in hermetically sealed packages or	494
containers or if the seed is agricultural seed other than cool	495
season grass seed;	496

(2) A fifteen-month period prior to sale, exclusive of the	497
calendar month in which the test was completed, if the seed is a	498
cool season grass seed or a mixture of only cool season grass	499
seeds and if the seed is not in hermetically sealed containers;	500

(3) A thirty-six-month period immediately prior to sale,	501
exclusive of the calendar month in which the test was completed,	502
if the seed is in hermetically sealed packages or containers:	503
provided, that any. Any such seed may be sold more than thirty-six	504
months after the month in which it has been testedat any time	505
after the thirty-six-month period has expired if it is retested	506
within a nine-month period immediately prior to sale. Seed that	507
has been retested may be sold for an additional time period if it	508
is accompanied by a new label that complies with the labeling	509
requirements established in sections 907.01 to 907.17 of the	510
Revised Code. The time period shall consist of twelve consecutive	511
months, not including the month in which the retest was performed.	512
After the twelve-month period has expired, the cycle of retesting	513
and relabeling followed by a twelve-month saleable period may be	514
repeated one or more times.	515

(B) If the seed is not labeled in accordance with sections	516
907.01 to 907.17 of the Revised Code or has a false or misleading	517
label;	518

(C) Pertaining to which there has been a false or misleading	519
advertisement;	520

(D) If the seed contains, singly or collectively, primary	521
prohibited noxious-weed seeds, subject to a tolerance of not to	522
exceed nine primary noxious-weed seeds per pound in seed of	523
redtop, timothy, orchardgrass, bluegrass, fescue, bromegrass, red	524
clover, white clover, alsike clover, sweet clover, or any other	525
seed of similar size;seed. In addition, no person shall sell any	526
tree or shrub seed that contains prohibited noxious-weed seed.	527

(E) If the seed contains, singly or collectively, primary	528
noxious-weed seeds, subject to a tolerance of not to exceed five	529
primary noxious-weed seeds per pound in seed of millet, rape,	530
flax, sudangrass, wheat, oats, rye, barley, buckwheat, vetches, or	531
any other seed as large as or larger than wheat;	532

(F) If the seed has been treated with poisonous material,	533
unless the seed and the label on the package of seed comply with	534
sections 907.44 and 907.45 of the Revised Code;	535

(G)(F) If the seed is in containers bearing labels whichthat	536
state a liability or nonwarranty clause disclaiming responsibility	537
for any information on the label required by section 907.03 of the	538
Revised Code;	539

(H)(G) If the seed contains more than one-fourth of one per	540
cent by weight of secondaryrestricted noxious-weed seed or more	541
than two and one-half per cent of all weed seed;	542

(I)(H) If the seed contains more than fifteen per cent by	543
weight of inert matter unless the product is one of the following:	544

(1) A coated agricultural seed;

545

(2) A combination seed-mulch product containing not less than	546
five per cent by weight of pure seed;	547

(3) Native grass seed that is designated by rules adopted by	548
the director of agriculture as characteristically exhibiting high	549
inert matter.	550

(J)(I) At public auction unless the seed is labeled in	551
accordance with sections 907.01 to 907.17 of the Revised Code and	552
bears seed inspection fee tagsthe person who labeled the seed	553
obtained a permit to do so as provided in section 907.13 of the	554
Revised Code;	555

(K)(J) By variety name if the seed is not certified by a	556
certifying agency or by the seed certifying entity designated by	557
the director by rule if the seed is a variety for which a	558
certificate of plant variety protection has been applied for or	559
granted under the federal "Plant Variety Protection Act," public	560
law 91-57784 Stat. 1542 (1970), 7 U.S.C. 2321 et seq., as	561
amended, which application or granted certificate specifies sale	562
as a class of certified seed only:, provided, that seed from a	563
certified lot may be labeled by variety name when used in a	564
mixture by, or with approval of, the owner of the variety;	565

(K) If the seed is out of compliance with the tolerance	566
established for it under rules adopted by the director.	567

Sec. 907.08.  No person shall do any of the following:

568

(A) Detach, alter, deface, conceal, or destroy any label	569
required by sections 907.01 to 907.17 of the Revised Code or the	570
rules adopted thereunderunder them, or alter or substitute seed	571
in a manner that may defeat the purposes of suchthose sections;	572

(B) Disseminate, with the intention of inducing a sale, any	573
false or misleading claim or advertisement concerning the vigor,	574
vitality, growth, yield capability, or any other quality or	575
performance characteristic of any agricultural or, vegetable, or	576
flower seed,; disseminate any advertisement concerning the vigor,	577
vitality, growth, yield capability, or any other quality or	578
performance characteristic of any agricultural or, vegetable, or	579
flower seed for which hethe person does not maintain complete and	580
accurate records of the tests used to determine the characteristic	581
and of the results of the tests and submit suchthe records to the	582
director of agriculture pursuant to section 907.081 of the Revised	583
Code,; or make any claim in suchan advertisement that cannot be	584
substantiated by an official seed laboratory as defined by rules	585
adopted pursuant to Chapter 119. of the Revised Code by the	586
director or a state experiment station, or by regulations adopted	587
by a federal experiment station;	588

(C) Fail to comply with a stop-sale order, or to move or	589
otherwise handle or dispose of any lot of seed held under a	590
stop-sale order, or to alter, detach, or dispose of any label	591
attached to the lot;	592

(D) Use "trace" as a substitute for any statement required by	593
sections 907.01 to 907.17 of the Revised Code;	594

(E) Sell any seed labeled "certified," "registered," or	595
"foundation" unless it has been produced and labeled in compliance	596
with the rules of a seed certifying agency or of the seed	597
certifying entity designated by the director by rule;	598

(F) Sell vegetable or flower seed in packetscontainers of	599
foureight ounces or less, the percentage of germination of which	600
is below the germination standard established by the director	601
under division (B)(3) of section 907.10 of the Revised Code unless	602
the label of the seed clearly indicates, in accordance with	603
section 907.03 of the Revised Code, that the germination is below	604
standard;	605

(G) Dispose of screenings from the premises where seed is	606
processed in any manner contrary to regulations promulgatedrules	607
adopted by the director of agriculture;	608

(H) Sell agricultural or, vegetable, or flower seed unless it	609
is labeled in accordance with sections 907.01 to 907.17 of the	610
Revised Code;	611

(I) Sell seed for use as bird feed if it contains viable	612
prohibited noxious-weed seed or viable restricted noxious-weed	613
seed;	614

(J) Sell prohibited noxious-weed seed or restricted	615
noxious-weed seed for the purpose of sowing, except sowing for	616
research purposes;	617

(K) Sell seed that contains prohibited noxious-weed seed or	618
restricted noxious-weed seed that is designated under 7 C.F.R.	619
201.16 as having no tolerance or that is out of compliance with	620
its tolerance.	621

Sec. 907.081.  Any person who disseminates, with the	622
intention of inducing a sale, any advertisement or makes any claim	623
concerning the vigor, vitality, growth, yield capability, or any	624
other quality or performance characteristic of any agricultural	625
or, vegetable, or flower seed shall maintain complete and accurate	626
records of the tests used to determine the characteristic and of	627
the results of the tests and shall submit suchthe records to the	628
director of agriculture as requested by himupon request. Any	629
person who uses an agricultural or, vegetable, or flower seed may	630
request the director to require the person who disseminated any	631
advertisement concerning any of the above characteristics to	632
submit histhe person's records to the director.	633

In accordance with division (A) of section 907.10 of the	634
Revised Code, the director may conduct such tests as hethe	635
director determines necessary to verify the information in such	636
records. If histhe director's tests indicate that the information	637
in suchthe records is invalid or unreliable, the director may	638
issue a stop-sale order pursuant to division (C) of section 907.11	639
of the Revised Code.	640

Sec. 907.09.  (A) Sections 907.03, 907.07, and 907.08 of the	641
Revised Code do not apply to:	642

(1) Agricultural or, vegetable, or flower seed not intended	643
for sowing purposes;	644

(2) Agricultural or, vegetable, or flower seed in storage in,	645
being transported to, or consigned to a seed processing	646
establishment:, provided, that the label accompanying a shipment	647
of the seed shall bear the statement "seed for processing"; and	648
provided further, that any label or other representation which	649
that is made with respect to the unprocessed seed shall be subject	650
to sectionsections 907.01 to 907.17 of the Revised Code;	651

(3) Agricultural, vegetable, or flower seed that is in	652
interstate transport and that is governed by 7 C.F.R. 201.33.	653

(B) No person shall be subject to section 907.99 of the	654
Revised Code for selling any agricultural or vegetable seed which	655
is incorrectly labeled or represented as to kind, variety, type,	656
or origin if the seed cannot be identified by examination unless	657
he has failed to obtain an invoice or grower's declaration	658
stating, if required, the kind, or kind and variety, or kind and	659
type, and origin and to take other reasonable precautions to	660
ensure that the seed is correctly identifiedIn the case of	661
agricultural, vegetable, or flower seed that is being exported in	662
bulk or containers directly to a foreign country and that is in	663
quantities of twenty thousand pounds or more regardless of the	664
number of lots included, the labeling requirements established	665
under section 907.03 of the Revised Code do not apply, provided	666
that all of the following requirements are satisfied:	667

(1) The omission, from each container or bulk unit, of a	668
label with the required information is done with the knowledge and	669
consent of the buyer of the seed prior to the transportation or	670
delivery for transportation of the seed in international commerce.	671

(2) Each container has stenciled on it or bears a label	672
containing a lot designation, variety identification, and kind	673
identification.	674

(3) The invoice or other records accompanying and pertaining	675
to the seed bear the information concerning the respective seeds	676
that is required under section 907.03 of the Revised Code.	677

(4) Records are kept available to be provided to the	678
department of agriculture upon request in order to show proof that	679
the seed is being exported to a foreign country for distribution.	680

Sec. 907.10.  The director of agriculture shall do all of the	681
folowing:	682

(A) Sample, inspect, analyze, and test agricultural and,	683
vegetable, and flower seed sold for sowing purposes, at such times	684
and places and to such extent as hethe director regards necessary	685
to determine whether the seed complies with sectionsections	686
907.01 to 907.17 of the Revised Code and notify promptly the	687
person who sold the seed of any violation;	688

(B) InAdopt rules in accordance with Chapter 119. of the	689
Revised Code that do all of the following:	690

(1) Adopt rules and regulations governingGovern the methods	691
of sampling, inspecting, analyzing, testing, and examining	692
agricultural and, vegetable, and flower seed and the tolerances to	693
be followed. The rules and regulations shall be in general accord	694
with officially prescribed practice in interstate commerce applied	695
in analyzing and testing the seed;.	696

(2) Establish primaryprohibited and secondaryrestricted	697
noxious-weed seed lists and provide for additions theretoto them	698
and deletions therefromfrom them;	699

(3) Establish standards for items including, but not limited	700
to, germination and purity for vegetable seedsseed and flower	701
seed;	702

(4) Adopt any labeling requirements additional to those of	703
section 907.03 of the Revised Code whichthat may be necessary to	704
maintain the identification of seed in hermetically sealed	705
packages or containers;	706

(5) Establish the species of native grass that are to be	707
included in the definition of "native grass" for purposes of	708
sections 907.01 to 907.17 of the Revised Code;	709

(6) Identify native grass seed that characteristically	710
exhibits high inert matter;	711

(7) Establish the tolerance for agricultural, vegetable, and	712
flower seed that is sold in this state;	713

(8) Designate a seed certifying entity for purposes of	714
sections 907.01 to 907.17 of the Revised Code;	715

(9) Establish the information that an applicant must provide	716
on an application for a seed labeler permit that is filed under	717
section 907.13 of the Revised Code;	718

(10) Establish any other provisions that are necessary to	719
clarify or administer the labeling requirements established in	720
sections 907.01 to 907.17 of the Revised Code.	721

(C) Establish and maintain seed testing facilities, employ	722
qualified persons, and incur such expenses asthat are necessary	723
to comply with this section and section 907.11 of the Revised	724
Code, and otherwise do what is necessary for the administration	725
and enforcement of sections 907.01 to 907.17 of the Revised Code	726
or enter into agreements under which other persons are responsible	727
for doing so;	728

(D) Provide for making purity analyses and germination tests	729
of seeds for any person in Ohiothis state;	730

(E) Regulate the number of samples that may be analyzed or	731
tests that may be made for any person free of charge;	732

(F) Prescribe the period of time during the year when	733
analyses and tests will be made free of charge;	734

(G) Establish a schedule of fees for making analyses and	735
tests;	736

(H) Cooperate with the United States department of	737
agriculture in enforcing federal seed laws.	738

Sec. 907.12.  Any lot of agricultural or, vegetable, or	739
flower seed not in compliance with sections 907.01 to 907.17 of	740
the Revised Code shall be subject to seizure on complaint of the	741
director of agriculture to a court of competent jurisdiction in	742
the locality in which the seed is located. If the court orders the	743
condemnation of the seed, the seed shall be denatured, destroyed,	744
or otherwise disposed of in compliance with the laws of this	745
state:, provided, that the court shall not order such disposition	746
without giving the claimant an opportunity to apply to the court	747
for the release of the seed or for permission to process or	748
relabel it so as to be in compliance with sections 907.01 to	749
907.17 of the Revised Code.	750

Sec. 907.13. (A) No person shall selllabel agricultural or,	751
vegetable, or flower seed within or intothat is intended for sale	752
in this state, except as provided in division (F) of this section,	753
unless he has attached to the seed container Ohio seed inspection	754
fee tags or labels obtained fromthe person holds a valid seed	755
labeler permit that has been issued by the director of agriculture	756
in accordance with this section or, in lieu thereof, has obtained	757
from the director a permit pursuant to division (D) of this	758
section.	759

(B) The Ohio seed inspection fees are:

760

(1) For small grains and soybeans, four cents per one hundred	761
pounds;	762

(2) For corn and grain sorghum, five cents per one hundred	763
pounds;	764

(3) For vegetable seed sold at wholesale or on consignment or	765
commission in packets of eight ounces or less, two per cent of	766
wholesale value of the seed;	767

(4) For alfalfa, clover, grass, mixtures containing any of	768
these, and all agricultural and vegetable seeds not specified in	769
divisions (B)(1), (2), and (3) of this section, ten cents per one	770
hundred pounds.	771

(C) Each person who attaches an Ohio seed inspection fee tag	772
or label to a seed package shall attach one or more tags or labels	773
of the denominations provided in division (D) of section 907.14 of	774
the Revised Code, which are nearest in value to the rates	775
established by division (B) of this section.	776

(D) Upon receipt of a ten dollar annual permit fee and a	777
signed agreement to report sales of seed and to pay the seed	778
inspection fees specified in division (B) of this section, the	779
director may authorize a person to use his own tags or labels.	780
Each person who receives a permit to use his own tags or labels	781
shall:	782

(1) Apply his tags or labels to all seed which he sells;

783

(2) Report to the department of agriculture prior to the	784
first day of February of each year all sales which he made during	785
the period from the first day of July to the thirty-first day of	786
December of the preceding year;	787

(3) Report to the department prior to the first day of August	788
of each year all sales which he made during the period from the	789
first day of January to the thirtieth day of June of that year;	790

(4) Pay the seed inspection fees for seed sales when the	791
sales are reported. Any seed returned during a reporting period	792
under a consignment contract or a contract of sale or return shall	793
be deducted from the sales report and fee payment of the following	794
reporting period.	795

(E) For each failure to report in full the amount of seed	796
sold or to submit the required seed inspection fees in full by the	797
due date, any person who holds a permit to use his own tags or	798
labels shall pay a penalty of ten per cent of the amount due or	799
ten dollars, whichever is greater. Failure to pay either the fee	800
or the penalty within thirty days after the due date is cause for	801
cancellation of the annual permit or refusal to renew the permit	802
without a hearing.	803

(F) No person is required to secure a permit, report seed	804
sales, and pay seed inspection fees to the department if he sells	805
only:	806

(1) Packages which bear Ohio seed inspection fee tags or	807
labels;	808

(2) Packages which bear the tags or labels of a person who	809
holds a permit to use his own tags or labels.	810

(G)A person who wishes to obtain a seed labeler permit shall	811
file an application with the director on a form that the director	812
provides and shall submit a permit fee in the amount of ten	813
dollars. Such a person who labels seed under more than one name or	814
at more than one address shall obtain a separate seed labeler	815
permit and pay a separate permit fee for each name and address.	816

The applicant shall include the applicant's full name and	817
address on the application together with any additional	818
information that the director requires by rules adopted under	819
section 907.10 of the Revised Code. If the applicant's address is	820
not within this state or it does not represent a location in this	821
state where the director can collect samples of the applicant's	822
seed for analysis, then the applicant shall include on the	823
application an address within this state where samples of the	824
applicant's seed may be collected for those purposes or shall	825
agree to provide the director or the director's authorized	826
representative with seeds for sampling upon request.	827

Upon receipt of a complete application accompanied by the	828
ten-dollar permit fee, the director shall issue a seed labeler's	829
permit to the applicant. All seed labeler permits that are issued	830
in accordance with division (D) ofunder this section shall expire	831
on the thirty-first day of December of each year regardless of the	832
date on which a permit was issued during that year.	833

Each person who obtains a seed labeler permit shall label the	834
seed that the person intends for sale in this state in accordance	835
with the requirements established in sections 907.01 to 907.17 of	836
the Revised Code. Each person who holds a valid seed labeler	837
permit shall keep the permit posted in a conspicuous place in the	838
principal seed room from which the person sells seed and shall	839
comply with the reporting and fee requirements that are	840
established in section 907.14 of the Revised Code.	841

Sec. 907.14. (A) A person who holds a valid seed labeler	842
permit issued under section 907.13 of the Revised Code shall	843
report to the director of agriculture concerning the amount of	844
seed that the person sells in this state. The report shall be made	845
semiannually on a form that the director prescribes and provides.	846
One semiannual report shall be filed with the director prior to	847
the first day of February of each year with respect to all sales	848
that the person made during the period from the first day of July	849
to the thirty-first day of December of the preceding year. The	850
second semiannual report shall be filed prior to the first day of	851
August of each year with respect to all sales that the person made	852
during the period from the first day of January to the thirtieth	853
day of June of that year.	854

(B) A person who holds a valid seed labeler permit shall	855
include with each semiannual report a seed fee based on the amount	856
of the seed that the person sold during that reporting period as	857
follows:	858

(1) For soybeans and small grains, including barley, oats,	859
rye, wheat, triticale, and spelt, four cents per one hundred	860
pounds;	861

(2) For corn and grain sorghum, five cents per one hundred	862
pounds;	863

(3) For vegetable and flower seed sold at wholesale or retail	864
or on consignment or commission in containers of eight ounces or	865
less, two per cent of the wholesale value of the containers of	866
seed or, if the seed is not sold wholesale, two per cent of the	867
retail value of the containers of seed;	868

(4) For alfalfa, clover, grass, native grass, mixtures	869
containing any of these, and all agricultural, vegetable, and	870
flower seeds not specified in divisions (B)(1) to (3) of this	871
section, ten cents per one hundred pounds.	872

If the total amount of the seed fee that is due is less than	873
five dollars, the person shall pay the minimum seed fee, which is	874
five dollars.	875

(C) For each failure to report in full the amount of seed	876
sold or to submit the required seed fees in full by the due date,	877
a person who holds a valid seed labeler permit shall pay a penalty	878
of ten per cent of the amount due or fifty dollars, whichever is	879
greater. Failure to pay either the fee or the penalty within	880
thirty days after the due date is cause for suspension or	881
revocation by the director of the seed labeler permit or refusal,	882
without a hearing, to issue a subsequent seed labeler permit for	883
which the person applies.	884

(D) This section does not apply to governmental entities that	885
donate seed for conservation purposes.	886

Sec. 907.15.  The director of agriculture may suspend,	887
revoke, or refuse to issue a permit to label seed for any	888
violation of sections 907.01 to 907.17 of the Revised Code. No	889
permit to label seed shall be suspended or revoked except for	890
failure to pay either the fee or penalty provided in section	891
907.13907.14 of the Revised Code until the permit holder thereof	892
has been given a hearing by the director in regard to the proposed	893
suspension or revocation or unless a hearing is waived by the	894
nonappearance of the permit holder at the time and place	895
designated by the director. Any appeal from any such suspension,	896
revocation, or refusal mustshall be made within thirty days after	897
the suspension, revocation, or refusal.	898

Sec. 907.16.  All money received from permit fees, seed	899
inspection fees, packet seed inspection stamps, purity analysis	900
and germination test fees, sales of seized or condemned seed, and	901
fines recovered under sections 907.01 to 907.17 of the Revised	902
Codecollected by the director of agriculture under sections	903
907.01 to 907.17 of the Revised Code shall be paid to the director	904
of agriculture. The director shall deposit the moneydeposited	905
into the treasury of the state to the credit of the general	906
revenue fundseed fund, which is hereby created in the state	907
treasury. Money credited to the fund shall be used to administer	908
and enforce those sections and rules adopted under them.	909

Sec. 907.31.  Any person who submits an application for the	910
registration of a brand of legume inoculant shall pay annually,	911
prior to the first day of AugustJanuary, a registration and	912
inspection fee based on his dollar sales volume of that brand in	913
Ohio within the twelve month period ending the last day of June	914
immediately preceding the registration renewal date, in accordance	915
with the following schedule:	916

(A) One dollar up to ten thousand dollars volume, the	917
registration fee shall be twenty-five dollars.	918

(B) Ten thousand one dollars up to twenty thousand dollars	919
volume, the registration fee shall be fifty dollars.	920

(C) Twenty thousand one dollars and over volume, the	921
registration fee shall be one hundred dollars.	922

(D) Brands not previously registered for sale in Ohio will	923
pay the minimum registration fee of twenty-five dollarsin the	924
amount of fifty dollars per brand.	925

SuchThe registration shall be renewed according to the	926
standard renewal procedure of sections 4745.01 to 4745.03,	927
inclusive,established in Chapter 4745. of the Revised Code.	928

Section 2. That existing sections 907.01, 907.02, 907.03,	929
907.04, 907.07, 907.08, 907.081, 907.09, 907.10, 907.12, 907.13,	930
907.15, 907.16, and 907.31 and section        Sec. 907.14.  of the Revised Code	931
are hereby repealed.	932