As Passed by the Senate

125th General Assembly
Regular Session
2003-2004
Sub. H. B. No. 143


REPRESENTATIVES Aslanides, McGregor, Hagan, Collier, Husted, Widener, Hollister, C. Evans, Widowfield, Carmichael, Barrett, Setzer, Seaver, Domenick, Niehaus, Faber, Walcher, Cates, Chandler, Cirelli, Daniels, DeWine, Distel, Flowers, Gibbs, Harwood, Kearns, Otterman, T. Patton, Peterson, Redfern, Schmidt, Seitz, J. Stewart, Wolpert

SENATORS Mumper, Carnes, Armbruster, Carey, Roberts, Austria, White, Prentiss, Harris



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 the11
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 the19
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

       (D) "Germination" means the emergence and development from27
seed embryos of those structures whichthat indicate the 28
capability of producing normal seedlings under ordinarily 29
favorable conditions as determined by methods prescribed by rules 30
of the association of official seed analysts.31

       (E) "Hard seed" means seed whichthat, because of32
impermeability, does not absorb moisture or germinate, but remains33
hard during the period of germination prescribed for that34
particular kind of seed.35

       (F) "Hermetically sealed" means that the container used does 36
not allow water vapor penetration through any wall, including the 37
seals, greater than five one-hundredths grams of water per 38
twenty-four hours per one hundred square inches of surface at one 39
hundred degrees Fahrenheit with a relative humidity on one side of 40
ninety per cent and on the other side of zero per cent.41

       (G) "Hybrid" means the first generation seed of a cross42
produced by controlling the pollination and by combining:43

       (1) Two or more inbred lines;44

       (2) One inbred or a single cross with an open-pollinated45
variety;46

       (3) Two varieties or species, except open-pollinated47
varieties of corn (Zea Mays). The48

       The second generation and subsequent generations from such 49
crosses shall not be regarded as hybrids.50

       (H) "In bulk" or "bulk" means loose in vehicles,or bins, or 51
other containers, but not in bags, boxes, or packets.52

       (I) "Inert matter" means all matter not seeds, including53
broken seeds, sterile florets, chaff, fungus bodies, and stones.54

       (J) "Kind," in reference to seed, means one or more related 55
species or subspecies whichthat, singly or collectively, are56
known by one common name, for example, soybeans, oats, alfalfa, or 57
timothy.58

       (K) "Label," except as used in "inspection fee label," means 59
anya tag or other device that is attached to or written, stamped, 60
or printed, or graphic matter upon or attached to aon any61
container of seed or the invoice pertaining theretothat 62
accompanies any lot of bulk seed and that describes the kind of 63
seed together with any other information required by law. "Label" 64
includes an invoice under which any seed is imported into the 65
state.66

       (L) "Lot of seed" means a definite quantity of seed67
identified by a lot number or other identification, every portion68
or bag of which is uniform, within permitted tolerances, as to the 69
factors whichthat appear on the label.70

       (M) "Mixture" means a lot of agricultural seed consisting of 71
more than one kind or variety, each of which is present in excess 72
of five per cent of the whole.73

       (N) "Origin" means a state, the District of Columbia, Puerto 74
Rico, a possession of the United States, or a foreign country, or 75
designated portion thereof, where grown.76

       (O) "Other crop seed" means agricultural seed commingled with 77
the kind, or kind and variety, of seed under consideration, but 78
less than five per cent by weight of the lot.79

       (P) "Person" means any individual, partnership, corporation, 80
company, society, association, public agency, receiver, trustee, 81
or agent.82

       (Q) "Place of business" means any location, including any83
vehicle, where seed is sold, processed, conditioned, or stored.84

       (R) "Primary noxious weeds" or "prohibitedProhibited noxious 85
weeds" means perennial weeds whichthat reproduce by seed, spread 86
by roots, underground stems, or other reproductive parts, and, 87
when established, are highly destructive and difficult to control.88

       (S) "Processing" or "conditioning" means cleaning to remove 89
chaff, sterile florets, immature seeds, weed seeds, inert matter, 90
and other crop seeds, scarifying, blending to obtain uniform 91
quality, or any other operation whichthat would change the purity 92
or germination of the seed and therefore require retesting to 93
determine the quality of the seed. "Processing" or "conditioning"94
does not include such operations as packaging, labeling, blending 95
uniform lots of the same kind or variety without cleaning, or 96
preparing a mixture without cleaning, any of which would not 97
require retesting to determine the quality of the seed.98

       (T) "Pure seed" means agricultural or, vegetable, or flower99
seed free of inert matter and free of other seed distinguishable 100
by appearance or by test.101

       (U) "Records" means the complete data, including102
representative samples, concerning each lot of agricultural, 103
vegetable, or flower seed that is sold. "Records" includes 104
information about the seed's source of purchase,and origin,; the 105
results of germination,tests; the results of purity,tests 106
regarding the amount of pure seed, inert matter, crop seed, weed 107
seed, and noxious weed seed contained in the lot of seed; and 108
information concerning the processing, and disposition of each lot 109
of agriculturalthe seed sold.110

       (V) "Screenings" means chaff, sterile florets, immature seed, 111
inert matter, weed seed, or any other matter removed from seed in 112
any kind of processing and whichthat contains less than113
twenty-five per cent by weight of live agricultural or, vegetable, 114
or flower seed.115

       (W) "Secondary noxious weeds" or "restrictedRestricted116
noxious weeds" means weeds whichthat are objectionable in fields, 117
lawns, or gardens, but whichthat can be controlled by good 118
cultural practices.119

       (X) "Sell" meansor "sold" includes:120

       (1) Transferring ownership, offering or exposing for sale,121
exchanging, distributing, giving away, or transporting in this122
state;123

       (2) Storing, carrying, or handling in aid of traffic in this 124
state, whether in person or through an agent, employee, or others;125

       (3) Receiving, accepting, or holding on consignment for sale.126

       (Y) "StandardGermination standard," as applied to vegetable 127
or flower seed, means the minimum percentage of germination 128
established by the director of agriculture for any kind or variety 129
of seed.130

       (Z) "Tolerance" means the allowable deviation from any131
percentage, fraction, or rate of occurrence stated on the label of 132
a lot of seed. Tolerance is based on the law of normal variation 133
from a mean.134

       (AA) "Type" means either a group of varieties so nearly135
similar that the individual varieties cannot be clearly136
differentiated except under special conditions or, when used with137
a variety name, seed of that variety whichthat may be mixed with 138
seed of other varieties of the same kind and of similar character. 139
In either case, ninety per cent of the pure seed shall be of the140
variety or group of varieties named or, upon growth, shall produce 141
plants having characteristics similar to the variety or group of 142
varitiesvarieties named.143

       (BB) "Variety" means a subdivision of a kind whichthat is144
characterized by growth, plant, fruit, seed, or other145
characteristics by which it can be differentiated from other sorts 146
of the same kind.147

       (CC) "Vegetable seed" means the seed of any crop whichthat148
is grown in gardens or on truck farms and is generally known and149
sold in this state under the name of vegetable seed or herb seed.150

       (DD) "Weed seed" means the seed and bulblets of all plants151
generally recognized in this state as weeds, including prohibited152
noxious weeds and restricted noxious weeds.153

       (EE) "Coated agricultural seed" means an agricultural seed154
with a film or layer applied to the seed, whichthat is greater 155
than one per cent of the net weight, for purposes of, including,156
but not limited to, accurate seeding, nitrogen fixation, nutrient157
improvement, or protection from insects and pathogens. "Coated158
agricultural seed" does not include seeds treated with dusts or159
liquids, whichthat are virtually unmeasurable using association 160
of official seed analysts rules.161

       (FF) "Combination seed-mulch product" means any product162
containing both seeds and a natural or artificial substance that163
is applied to the soil surface for the purpose of promoting seed164
germination through moisture retention, maintaining soil165
temperature, or preventing erosion, and may contain fertilizer.166

       (GG) "Blend" means seed that consists of more than one 167
variety of a kind, with each variety representing more than five 168
per cent by weight of the whole.169

        (HH) "Flower seed" means the seed of herbaceous plants grown 170
for their blooms, ornamental foliage, or other ornamental parts 171
and commonly known as and sold under the name of flower seed.172

        (II) "Pure live seed" means the sum of seed's percentage of 173
germination plus the percentage of hard seed or dormant seed, 174
multiplied by the percentage of pure seed, the product of which is 175
divided by one hundred. The result is expressed as a whole number. 176
Expressed as an equation, the definition of "pure live seed" is as 177
follows: (percentage of germination plus percentage of hard seed 178
or dormant seed) multiplied by the percentage of pure seed equals 179
(product) divided by one hundred equals pure live seed.180

        (JJ) "Cool season grass seed" means the agricultural seed of 181
Kentucky bluegrass, red fescue, chewings fescue, hard fescue, tall 182
fescue, perennial ryegrass, intermediate ryegrass, annual 183
ryegrass, colonial bentgrass, creeping bentgrass, and mixtures or 184
blends containing only those grass seeds.185

        (KK) "Native grass" has the meaning established in rules 186
adopted under section 907.10 of the Revised Code.187

        (LL) "Class of seed" means a classification of seed that is 188
established using the standards and procedures established by the 189
association of official seed certifying agencies and that 190
designates seed as breeder, foundation, registered, or certified 191
seed.192

        (MM) "Container" means a packet, bag, box, tape, tube, 193
envelope, pre-planted device, mat, or other device used to contain 194
seed, except that "container" does not include a vehicle or bin 195
used to contain bulk seed.196

       (NN) "Dormant seed" means viable seed, excluding hard seed, 197
that fails to germinate when provided with the specified 198
germination conditions for that kind of seed.199

       Sec. 907.02.  (A) The Ohio seed improvement association shall 200
certify for Ohio, agricultural or, vegetable, or flower seed,201
tubers for seeding purposes, or plants for varietal identification 202
or for other factors.203

       (B) No person shall use, orally or in writing, alone or with 204
other words, "certified," "registered," "foundation," or any other 205
term whichthat suggests that the seed, tubers for seeding 206
purposes, or plants have been certified unless the seed, tubers 207
for seeding purposes, or plants have been certified by the Ohio 208
seed improvement association. The prohibition established in this 209
division does not apply to use of the word "certified" for the 210
purpose of describing seed, tubers for seeding purposes, or plants 211
that have been certified as organic in accordance with 7 U.S.C. 212
6501 et seq.213

       (C) The following information shall appear on the 214
certification label attached to each container of each lot of 215
seed, tubers for seeding purposes, or plants sold as "certified," 216
"registered," or "foundation":217

       (1) The grower's name and address or producer number;218

       (2) The name of the Ohio seed improvement association as the219
certifying agency;220

       (3) The origin of the seed, tubers for seeding purposes, or 221
plants;222

       (4) The class, kind, variety, or germ plasm of the seed;223

        (5) Any other information the director of agriculture may 224
require by rule concerning health, vigor, purity, type, and other 225
matters pertaining to certification.226

       (D) The Ohio seed improvement association shall establish 227
standards and procedures for seed certification that are no less 228
stringent than those prescribed by the association of official 229
seed certifying agencies and that do not conflict with sections 230
907.01 to 907.17 of the Revised Code and rules adopted under them. 231
The Ohio seed improvement association shall designate intervals at 232
which it shall conduct a review of the certification standards and 233
procedures. No proposed change to the standards and procedures may 234
take effect unless the change first is approved by an affirmative 235
vote of at least two-thirds of the members of the association's 236
governing body.237

       Sec. 907.03.  (A) Each container of agricultural or,238
vegetable, or flower seed whichthat is sold for sowing purposes 239
shall bear thereonon it or have attached theretoto it in a 240
conspicuous place a label plainly written or printed in the 241
English language giving the following information:242

       (1) For agricultural seed that is sold on a pure live seed 243
basis or any other basis:244

       (a) The commonly accepted name of the kind, or kind and245
variety, of each agricultural seed component in excess of five per 246
cent by weight of the whole and the percentage by weight of each 247
in the order of its predominance. If the director of agriculture 248
has determined in rules prescribedadopted under section 907.10 of 249
the Revised Code that any such component of agricultural seed is 250
generally labeled as to variety, the label shall bear, in addition 251
to the name of the kind, the name of the variety, or the statement252
"variety not stated." If any such component is a hybrid, the label 253
shall also bear the name of the hybrid. If more than one component254
seed kind is required to be namedlisted on the label, the word255
"mixture," or "mixed," or "mix" shall be statedappear256
conspicuously on the label. If more than one variety is listed on 257
the label of seed consisting of a single kind, the word "blend" 258
shall appear on the label.259

       (b) The lot number or other lot identification;260

       (c) The origin, if known, of alfalfa and red clover. If the 261
origin is unknown, thethat fact shall be stated.262

       (d) The percentage by weight of all weed seed;263

       (e) The name and number of each kind of secondaryrestricted264
noxious-weed seed per ounce, when present singly or in265
combination:266

       (i) In excess of one seed in each ten grams of timothy, red 267
top, tall meadow oatgrass, orchardgrass, crested dog's-tail,268
Kentucky bluegrass, Canada bluegrass, fescue, bromegrass,269
perennial and Italian ryegrass, crimson clover, red clover, white270
clover, alsike clover, sweet clover, alfalfa, or any other271
agricuturalagricultural seed of similar size, other grasses and272
clovers not otherwise classified, or any combination thereof;273

       (ii) In excess of one seed in each fifty grams of millet,274
rape, flax, sudangrass, or other seed not specified in division275
(A)(1)(e)(i) or division (A)(1)(f) of this section, or any276
combination thereof.277

       (f) The name and number of each kind of secondaryrestricted278
noxious-weed seed per pound when present, singly or in279
combination, in excess of one seed in each two hundred grams of280
wheat, oats, rye, barley, buckwheat, vetches, or any other seed as 281
large as or larger than wheat, or any combination thereof;282

       (g) The percentage by weight of agricultural seed, which may 283
be designated as "crop seed," other than that required to be named 284
on the label;285

       (h) The percentage by weight of inert matter;286

       (i) For each named agricultural seed: the percentage of287
germination, exclusive of hard seed; the percentage of hard seed,288
if present; and the calendar month and year the test was completed 289
to determine these percentages;290

       (j) The name and address of the person who labels the seed.291

       (2) For coated agricultural seed, in addition to the 292
information required under division (A)(1) of this section:293

        (a) The percentage by weight of pure seed with coating 294
material removed;295

        (b) The percentage by weight of coating material;296

        (c) The percentage by weight of inert matter exclusive of 297
coating material;298

        (d) The percentage of germination determined on four hundred 299
coated pellets.300

        (3) For vegetable seed that is sold in containers weighing 301
eight ounces or less:302

       (a) The name of the kind and variety of the seed;303

        (b) For seed whichthat germinates less than the germination304
standard established by the director under division (B)(3) of 305
section 907.10 of the Revised Code:306

       (i) The percentage of germination, exclusive of hard seed;307
the percentage of hard seed, if present; and the calendar month308
and year the test was completed to determine these percentages;309

       (ii) "Below standard" in not less than 8-point type in a310
conspicuous place on the same side of the label as that which311
states the percentage of germination or on the face of the312
container.313

       (c) The name and address of the person who labels or sells314
the seed;315

       (d) The percentage of germination of any vegetable seed sold 316
in packets weighing less than four ounces shall be equal to or 317
above the standard.318

       (e) The percentage of germination of any vegetable seed319
determined to be equal to or above the standard may be, but is not 320
required to be, stated on the label,or container, or packet.321

       (3) For coated agricultural seed, in addition to the322
information required under division (A)(1) of this section:323

       (a) The percentage by weight of pure seeds with coating324
material removed;325

       (b) The percentage by weight of coating material;326

       (c) The percentage by weight of inert matter exclusive of327
coating material;328

       (d) The percentage of germination determined on four hundred 329
coated pellets.330

        (c) The name and address of the person who labels the seed;331

        (d) The year in which the packed seed is intended for sale;332

        (e) The lot number.333

       (4) For vegetable seed that is sold in containers weighing 334
more than eight ounces:335

        (a) The name of each kind and variety of vegetable seed 336
present in excess of five per cent and the percentage by weight of 337
each in order of its predominance;338

        (b) The lot number;339

        (c) The following information for each vegetable seed named 340
on the label:341

        (i) The percentage of germination exclusive of hard seed;342

        (ii) The percentage of hard seed, if present.343

Germination and hard seed may be stated as a total percentage if 344
desired.345

        (iii) The calendar month and year that the test used to 346
determine each percentage was completed.347

        (d) The name and address of the person who labels the seed.348

        (5) For flower seed that is sold in containers weighing eight 349
ounces or less:350

        (a) The common name of the kind and variety of flower seed 351
or, if commonly used, the scientific name of the kind and variety 352
of flower seed;353

        (b) The following information for flower seed that germinates 354
less than the germination standard established by the director 355
under division (B)(3) of section 907.10 of the Revised Code:356

        (i) The percentage of germination, exclusive of hard seed;357

        (ii) The percentage of hard seed, if present;358

        (iii) The calendar month and year that the test used to 359
determine the percentages was completed;360

        (iv) The words "below standard" in not less than eight-point 361
type in a conspicuous place on the same side of the label as that 362
which states the percentage of germination or on the face of the 363
container.364

       The percentage of germination of any flower seed determined 365
to be equal to or above the standard may be, but is not required 366
to be, stated on the label or container.367

        (c) The name and address of the person who labels the seed;368

        (d) The year in which the packed seed is intended for sale;369

        (e) The lot number.370

        (6) For flower seed in containers weighing more than eight 371
ounces:372

        (a) The name of each kind and variety of flower seed present 373
in excess of five per cent and the percentage by weight of each in 374
order of its predominance;375

        (b) The lot number;376

        (c) The following information for each flower seed named on 377
the label:378

        (i) The percentage of germination exclusive of hard seed;379

        (ii) The percentage of hard seed, if present.380

Germination and hard seed may be stated as a total percentage if 381
desired.382

        (iii) The calendar month and year that the test used to 383
determine each percentage was completed.384

        (d) The name and address of the person who labels the seed.385

        (7) For combination seed-mulch products:386

       (a) The word "combination," which shall be printed on the387
upper third of the principal display panel in the largest and most 388
conspicuous type in relation to other words and designs on the 389
label;390

       (b) Following the word "combination" on the upper third of391
the principal display panel, the words "seed, mulch, and392
fertilizer," as applicable and not necessarily in that order,393
printed in type smaller than, but no less than one-half the size394
of, the type used to print the word "combination.";395

       (c) In addition to the information required under division396
(A)(1) of this section, the product's analysis label shall contain 397
all of the following:398

       (i) The seed origin, if known, for each kind or variety, or 399
both;400

       (ii) The percentages by weight of mulch and, if applicable, 401
of fertilizer;402

       (iii) Any noxious weeds. If no noxious weeds are present,403
"noxious weeds--none found" shall be stated.404

       (B) The total of the percentages required by divisions405
(A)(1)(i) and (A)(2)(b)(i) of this section may be stated on the406
label. Such total shall be used when applying the rules of407
toleranceWhen dormant seed is encountered with respect to any of 408
the following named grasses, the result of a tetrazolium test also 409
may be shown on the label of the grass seed to indicate the 410
potential germination and viability of the seed:411

        (1) Bluestem, big (Andropogon gerardii);412

        (2) Bluestem, little (Schizachyrium scoparium);413

        (3) Dropseed, sand (Sporobolus cryptandrus);414

        (4) Grama, sideoats (Bouteloua curtipendula);415

        (5) Indiangrass (Sorghastrum nutans);416

        (6) Needlegrass (Stipa viridula);417

        (7) Switchgrass (Panicum virgatum).418

       (C) In the case of agricultural or vegetable seed sold from 419
vehicles, bins, or other bulk containers to which the purchaser 420
has access before buying, the seller shall attach a complete label 421
to the bulk container or display adjacent thereto a placard 422
bearing a complete label stating the information required by this 423
section. The label shall be conspicuous to the buyer. If the buyer 424
purchases more than ten pounds of the bulk seed, the seller shall 425
attach a label to the container of seed being purchased stating 426
the information required by this sectionBulk agricultural, 427
vegetable, or flower seed that is offered for sale or sold shall 428
comply with the labeling requirements established in division (A) 429
of this section, except that the label shall be provided in the 430
following manner rather than being attached to a container:431

        (1) The label shall be posted next to the bulk seed so that 432
it is easily read by the purchaser.433

        (2) In the case of bulk seed purchased in excess of twenty 434
pounds, the seller shall provide a copy of the label to the 435
consumer in conjunction with the bill of sale.436

        (D) No information concerning a test date, pure seed, inert 437
matter, crop seed, weed seed, germination, hard seed, or noxious 438
weed seed shall be included on a label for agricultural, 439
vegetable, or flower seed unless a test has been conducted on that 440
lot of seed prior to its being sold to determine the accuracy of 441
the information.442

       Sec. 907.04.  (A) Any person sellingwho holds a valid seed 443
labeler permit issued under section 907.13 of the Revised Code and 444
who sells agricultural or, vegetable, or flower seed shall, for a 445
period of eighteen months from the date of the final sale or other 446
final disposition he makesmade, keep complete records of each lot 447
of agricultural or, vegetable, or flower seed that hethe person448
sells; provided, that if. If purchases are made from persons who 449
keep records available for inspection as required under this 450
division, the keeping for eighteen months of an invoice of each 451
purchase and sale stating the kind of seed and the lot number 452
meets the requirement as to records. The invoices and other 453
records that are required to be kept under this division shall be 454
maintained at a location in this state.455

       (B) Any person located outside this state who distributes456
agricultural or vegetable seed within or into this state shall457
maintain the records required under division (A) of this section458
at a location in this state. If the director of agriculture or his459
the director's designated representative determines that an audit 460
of such a person who is required to keep records under division 461
(A) of this section is necessary in order to determine the sales 462
of seed made within or into this state by that person and the 463
amount of the fee that the person owes this state under section 464
907.13907.14 of the Revised Code, the director or the director's 465
authorized agent may request the auditor of state to audit the 466
person. Upon receiving a request from the director under this 467
division, the auditor of state shall conduct such an audit. If the 468
audit occurs at a location outside this state, the person being 469
audited shall pay the director all the costs incurred by the 470
auditor of state in conducting the audit. The costs of any audit 471
under this division shall be charged to the department of 472
agriculture in the same manner as costs of an audit of the 473
department.474

       Sec. 907.07.  No person shall sell any agricultural or,475
vegetable, or flower seed:476

       (A) Unless the test used to determine the information 477
concerning the seed's percentage of germination that is required 478
by section 907.03 of the Revised Code to appear on the label of 479
the seed has been completed within:480

       (1) A nine-monthtwelve-month period immediately prior to 481
sale, exclusive of the calendar month in which the test was 482
completed, if the seed is not in hermetically sealed packages or483
containers or if the seed is agricultural seed other than cool 484
season grass seed;485

       (2) A fifteen-month period prior to sale, exclusive of the 486
calendar month in which the test was completed, if the seed is a 487
cool season grass seed or a mixture of or blend of only cool 488
season grass seeds and if the seed is not in hermetically sealed 489
containers;490

        (3) A thirty-six-month period immediately prior to sale,491
exclusive of the calendar month in which the test was completed,492
if the seed is in hermetically sealed packages or containers:493
provided, that any. Any such seed may be sold more than thirty-six494
months after the month in which it has been testedat any time 495
after the thirty-six-month period has expired if it is retested 496
within a nine-month period immediately prior to sale. Seed that 497
has been retested may be sold for an additional time period if it 498
is accompanied by a new label that complies with the labeling 499
requirements established in sections 907.01 to 907.17 of the 500
Revised Code. The time period shall consist of twelve consecutive 501
months, not including the month in which the retest was performed. 502
After the twelve-month period has expired, the cycle of retesting 503
and relabeling followed by a twelve-month saleable period may be 504
repeated one or more times.505

       (B) If the seed is not labeled in accordance with sections506
907.01 to 907.17 of the Revised Code or has a false or misleading507
label;508

       (C) Pertaining to which there has been a false or misleading 509
advertisement;510

       (D) If the seed contains, singly or collectively, primary511
prohibited noxious-weed seeds, subject to a tolerance of not to 512
exceed nine primary noxious-weed seeds per pound in seed of 513
redtop, timothy, orchardgrass, bluegrass, fescue, bromegrass, red 514
clover, white clover, alsike clover, sweet clover, or any other 515
seed of similar size;seed. In addition, no person shall sell any 516
tree or shrub seed that contains prohibited noxious-weed seed.517

       (E) If the seed contains, singly or collectively, primary518
noxious-weed seeds, subject to a tolerance of not to exceed five519
primary noxious-weed seeds per pound in seed of millet, rape,520
flax, sudangrass, wheat, oats, rye, barley, buckwheat, vetches, or 521
any other seed as large as or larger than wheat;522

       (F) If the seed has been treated with poisonous material,523
unless the seed and the label on the package of seed comply with524
sections 907.44 and 907.45 of the Revised Code;525

       (G)(F) If the seed is in containers bearing labels whichthat526
state a liability or nonwarranty clause disclaiming responsibility 527
for any information on the label required by section 907.03 of the 528
Revised Code;529

       (H)(G) If the seed contains more than one-fourth of one per530
cent by weight of secondaryrestricted noxious-weed seed or more 531
than two and one-half per cent of all weed seed;532

       (I)(H) If the seed contains more than fifteen per cent by533
weight of inert matter unless the product is one of the following:534

       (1) A coated agricultural seed;535

       (2) A combination seed-mulch product containing not less than 536
five per cent by weight of pure seed;537

        (3) Native grass seed that is designated by rules adopted by 538
the director of agriculture as characteristically exhibiting high 539
inert matter.540

       (J)(I) At public auction unless the seed is labeled in541
accordance with sections 907.01 to 907.17 of the Revised Code and542
bears seed inspection fee tagsthe person who labeled the seed 543
obtained a permit to do so as provided in section 907.13 of the 544
Revised Code;545

       (K)(J) By variety name if the seed is not certified by a546
certifying agency if the seed is a variety for which a certificate 547
of plant variety protection has been applied for or granted under 548
the federal "Plant Variety Protection Act," public law 91-57784 549
Stat. 1542 (1970), 7 U.S.C. 2321 et seq., as amended, which 550
application or granted certificate specifies sale as a class of 551
certified seed only:, provided, that seed from a certified lot may 552
be labeled by variety name when used in a mixture by, or with 553
approval of, the owner of the variety;554

        (K) If the seed is out of compliance with the tolerance 555
established for it under rules adopted by the director.556

       Sec. 907.08.  No person shall do any of the following:557

       (A) Detach, alter, deface, conceal, or destroy any label558
required by sections 907.01 to 907.17 of the Revised Code or the559
rules adopted thereunderunder them, or alter or substitute seed 560
in a manner that may defeat the purposes of suchthose sections;561

       (B) Disseminate, with the intention of inducing a sale, any 562
false or misleading claim or advertisement concerning the vigor, 563
vitality, growth, yield capability, or any other quality or 564
performance characteristic of any agricultural or, vegetable, or 565
flower seed,; disseminate any advertisement concerning the vigor,566
vitality, growth, yield capability, or any other quality or567
performance characteristic of any agricultural or, vegetable, or 568
flower seed for which hethe person does not maintain complete and 569
accurate records of the tests used to determine the characteristic 570
and of the results of the tests and submit suchthe records to the 571
director of agriculture pursuant to section 907.081 of the Revised 572
Code,; or make any claim in suchan advertisement that cannot be 573
substantiated by an official seed laboratory as defined by rules 574
adopted pursuant to Chapter 119. of the Revised Code by the 575
director or a state experiment station, or by regulations adopted 576
by a federal experiment station;577

       (C) Fail to comply with a stop-sale order, or to move or578
otherwise handle or dispose of any lot of seed held under a579
stop-sale order, or to alter, detach, or dispose of any label580
attached to the lot;581

       (D) Use "trace" as a substitute for any statement required by 582
sections 907.01 to 907.17 of the Revised Code;583

       (E) Sell any seed labeled "certified," "registered," or584
"foundation" unless it has been produced and labeled in compliance 585
with the rules of a seed certifying agency;. The prohibition 586
established in this division does not apply to seed labeled 587
"certified" for the purpose of describing seed that has been 588
certified as organic in accordance with 7 U.S.C. 6501 et seq.589

       (F) Sell vegetable or flower seed in packetscontainers of 590
foureight ounces or less, the percentage of germination of which 591
is below the germination standard established by the director 592
under division (B)(3) of section 907.10 of the Revised Code unless 593
the label of the seed clearly indicates, in accordance with 594
section 907.03 of the Revised Code, that the germination is below 595
standard;596

       (G) Dispose of screenings from the premises where seed is597
processed in any manner contrary to regulations promulgatedrules 598
adopted by the director of agriculture;599

       (H) Sell agricultural or, vegetable, or flower seed unless it 600
is labeled in accordance with sections 907.01 to 907.17 of the601
Revised Code;602

       (I) Sell seed for use as bird feed if it contains viable 603
prohibited noxious-weed seed or viable restricted noxious-weed 604
seed;605

        (J) Sell prohibited noxious-weed seed or restricted 606
noxious-weed seed for the purpose of sowing, except sowing for 607
research purposes;608

        (K) Sell seed that contains prohibited noxious-weed seed or 609
restricted noxious-weed seed that is designated under 7 C.F.R. 610
201.16 as having no tolerance or that is out of compliance with 611
its tolerance.612

       Sec. 907.081.  Any person who disseminates, with the613
intention of inducing a sale, any advertisement or makes any claim 614
concerning the vigor, vitality, growth, yield capability, or any 615
other quality or performance characteristic of any agricultural 616
or, vegetable, or flower seed shall maintain complete and accurate 617
records of the tests used to determine the characteristic and of 618
the results of the tests and shall submit suchthe records to the 619
director of agriculture as requested by himupon request. Any 620
person who uses an agricultural or, vegetable, or flower seed may 621
request the director to require the person who disseminated any622
advertisement concerning any of the above characteristics to623
submit histhe person's records to the director.624

       In accordance with division (A) of section 907.10 of the625
Revised Code, the director may conduct such tests as hethe626
director determines necessary to verify the information in such 627
records. If histhe director's tests indicate that the information 628
in suchthe records is invalid or unreliable, the director may 629
issue a stop-sale order pursuant to division (C) of section 907.11 630
of the Revised Code.631

       Sec. 907.09.  (A) Sections 907.03, 907.07, and 907.08 of the 632
Revised Code do not apply to:633

       (1) Agricultural or, vegetable, or flower seed not intended 634
for sowing purposes;635

       (2) Agricultural orUnprocessed agricultural, vegetable, or 636
flower seed in storage in,or being transported to, or consigned 637
to a seed processing establishment:, provided, that the label638
accompanying a shipment of the seed shall bear the statement "seed 639
for processing"; and provided further, that any label or other 640
representation whichthat is made with respect to the unprocessed 641
seed shall be subject to sectionsections 907.01 to 907.17 of the 642
Revised Code;643

        (3) Agricultural, vegetable, or flower seed that is in 644
interstate transport and that is governed by 7 C.F.R. 201.33.645

       (B) No person shall be subject to section 907.99 of the 646
Revised Code for selling any agricultural or vegetable seed which 647
is incorrectly labeled or represented as to kind, variety, type, 648
or origin if the seed cannot be identified by examination unless 649
he has failed to obtain an invoice or grower's declaration 650
stating, if required, the kind, or kind and variety, or kind and 651
type, and origin and to take other reasonable precautions to 652
ensure that the seed is correctly identifiedIn the case of 653
agricultural, vegetable, or flower seed that is being exported in 654
bulk or containers directly to a foreign country and that is in 655
quantities of twenty thousand pounds or more regardless of the 656
number of lots included, the labeling requirements established 657
under section 907.03 of the Revised Code do not apply, provided 658
that all of the following requirements are satisfied:659

        (1) The omission, from each container or bulk unit, of a 660
label with the required information is done with the knowledge and 661
consent of the buyer of the seed prior to the transportation or 662
delivery for transportation of the seed in international commerce.663

        (2) Each container has stenciled on it or bears a label 664
containing a lot designation, variety identification, and kind 665
identification.666

        (3) The invoice or other records accompanying and pertaining 667
to the seed bear the information concerning the respective seeds 668
that is required under section 907.03 of the Revised Code.669

        (4) Records are kept available to be provided to the 670
department of agriculture upon request in order to show proof that 671
the seed is being exported to a foreign country for distribution.672

       Sec. 907.10.  The director of agriculture shall do all of the 673
following:674

       (A) Sample, inspect, analyze, and test agricultural and,675
vegetable, and flower seed sold for sowing purposes, at such times 676
and places and to such extent as hethe director regards necessary 677
to determine whether the seed complies with sectionsections678
907.01 to 907.17 of the Revised Code and notify promptly the 679
person who sold the seed of any violation;680

       (B) InAdopt rules in accordance with Chapter 119. of the 681
Revised Code that do all of the following:682

       (1) Adopt rules and regulations governingGovern the methods 683
of sampling, inspecting, analyzing, testing, and examining684
agricultural and, vegetable, and flower seed and the tolerances to 685
be followed. The rules and regulations shall be in general accord686
with officially prescribed practice in interstate commerce applied 687
in analyzing and testing the seed;.688

       (2) Establish primaryprohibited and secondaryrestricted689
noxious-weed seed lists and provide for additions theretoto them690
and deletions therefromfrom them;691

       (3) Establish standards for items including, but not limited 692
to, germination and purity for vegetable seedsseed and flower 693
seed;694

       (4) Adopt any labeling requirements additional to those of695
section 907.03 of the Revised Code whichthat may be necessary to696
maintain the identification of seed in hermetically sealed697
packages or containers;698

       (5) Establish the species of native grass that are to be 699
included in the definition of "native grass" for purposes of 700
sections 907.01 to 907.17 of the Revised Code;701

        (6) Identify native grass seed that characteristically 702
exhibits high inert matter;703

        (7) Establish the tolerance for agricultural, vegetable, and 704
flower seed that is sold in this state;705

        (8) Establish the information that an applicant must provide 706
on an application for a seed labeler permit that is filed under 707
section 907.13 of the Revised Code;708

        (9) Establish any other provisions that are necessary to 709
clarify or administer the labeling requirements established in 710
sections 907.01 to 907.17 of the Revised Code.711

       (C) Establish and maintain seed testing facilities or enter 712
into agreements under which other persons are responsible for 713
performing seed testing, employ qualified persons, and incur such714
expenses asthat are necessary to comply with this section and 715
section 907.11 of the Revised Code;716

       (D) Provide for making purity analyses and germination tests 717
of seeds for any person in Ohiothis state;718

       (E) Regulate the number of samples that may be analyzed or719
tests that may be made for any person free of charge;720

       (F) Prescribe the period of time during the year when721
analyses and tests will be made free of charge;722

       (G) Establish a schedule of fees for making analyses and723
tests;724

       (H) Cooperate with the United States department of725
agriculture in enforcing federal seed laws.726

       Sec. 907.12.  Any lot of agricultural or, vegetable, or 727
flower seed not in compliance with sections 907.01 to 907.17 of 728
the Revised Code shall be subject to seizure on complaint of the 729
director of agriculture to a court of competent jurisdiction in 730
the locality in which the seed is located. If the court orders the731
condemnation of the seed, the seed shall be denatured, destroyed, 732
or otherwise disposed of in compliance with the laws of this 733
state:, provided, that the court shall not order such disposition 734
without giving the claimant an opportunity to apply to the court 735
for the release of the seed or for permission to process or 736
relabel it so as to be in compliance with sections 907.01 to 737
907.17 of the Revised Code.738

       Sec. 907.13. (A) No person shall selllabel agricultural or,739
vegetable, or flower seed within or intothat is intended for sale 740
in this state, except as provided in division (F) of this section,741
unless he has attached to the seed container Ohio seed inspection 742
fee tags or labels obtained fromthe person holds a valid seed 743
labeler permit that has been issued by the director of agriculture 744
in accordance with this section or, in lieu thereof, has obtained 745
from the director a permit pursuant to division (D) of this 746
section.747

       (B) The Ohio seed inspection fees are:748

       (1) For small grains and soybeans, four cents per one hundred 749
pounds;750

       (2) For corn and grain sorghum, five cents per one hundred751
pounds;752

       (3) For vegetable seed sold at wholesale or on consignment or 753
commission in packets of eight ounces or less, two per cent of754
wholesale value of the seed;755

       (4) For alfalfa, clover, grass, mixtures containing any of756
these, and all agricultural and vegetable seeds not specified in757
divisions (B)(1), (2), and (3) of this section, ten cents per one758
hundred pounds.759

       (C) Each person who attaches an Ohio seed inspection fee tag 760
or label to a seed package shall attach one or more tags or labels 761
of the denominations provided in division (D) of section 907.14 of 762
the Revised Code, which are nearest in value to the rates 763
established by division (B) of this section.764

       (D) Upon receipt of a ten dollar annual permit fee and a765
signed agreement to report sales of seed and to pay the seed766
inspection fees specified in division (B) of this section, the767
director may authorize a person to use his own tags or labels.768
Each person who receives a permit to use his own tags or labels769
shall:770

       (1) Apply his tags or labels to all seed which he sells;771

       (2) Report to the department of agriculture prior to the772
first day of February of each year all sales which he made during773
the period from the first day of July to the thirty-first day of774
December of the preceding year;775

       (3) Report to the department prior to the first day of August 776
of each year all sales which he made during the period from the 777
first day of January to the thirtieth day of June of that year;778

       (4) Pay the seed inspection fees for seed sales when the779
sales are reported. Any seed returned during a reporting period780
under a consignment contract or a contract of sale or return shall 781
be deducted from the sales report and fee payment of the following 782
reporting period.783

       (E) For each failure to report in full the amount of seed784
sold or to submit the required seed inspection fees in full by the 785
due date, any person who holds a permit to use his own tags or 786
labels shall pay a penalty of ten per cent of the amount due or 787
ten dollars, whichever is greater. Failure to pay either the fee 788
or the penalty within thirty days after the due date is cause for 789
cancellation of the annual permit or refusal to renew the permit 790
without a hearing.791

       (F) No person is required to secure a permit, report seed792
sales, and pay seed inspection fees to the department if he sells793
only:794

       (1) Packages which bear Ohio seed inspection fee tags or795
labels;796

       (2) Packages which bear the tags or labels of a person who797
holds a permit to use his own tags or labels.798

       (G)A person who wishes to obtain a seed labeler permit shall 799
file an application with the director on a form that the director 800
provides and shall submit a permit fee in the amount of ten 801
dollars. Such a person who labels seed under more than one name or 802
at more than one address shall obtain a separate seed labeler 803
permit and pay a separate permit fee for each name and address.804

        The applicant shall include the applicant's full name and 805
address on the application together with any additional 806
information that the director requires by rules adopted under 807
section 907.10 of the Revised Code. If the applicant's address is 808
not within this state or it does not represent a location in this 809
state where the director can collect samples of the applicant's 810
seed for analysis, then the applicant shall include on the 811
application an address within this state where samples of the 812
applicant's seed may be collected for those purposes or shall 813
agree to provide the director or the director's authorized 814
representative with seeds for sampling upon request.815

        Upon receipt of a complete application accompanied by the 816
ten-dollar permit fee, the director shall issue a seed labeler's 817
permit to the applicant. All seed labeler permits that are issued 818
in accordance with division (D) ofunder this section shall expire 819
on the thirty-first day of December of each year regardless of the 820
date on which a permit was issued during that year.821

        Each person who obtains a seed labeler permit shall label the 822
seed that the person intends for sale in this state in accordance 823
with the requirements established in sections 907.01 to 907.17 of 824
the Revised Code. Each person who holds a valid seed labeler 825
permit shall keep the permit posted in a conspicuous place in the 826
principal seed room from which the person sells seed and shall 827
comply with the reporting and fee requirements that are 828
established in section 907.14 of the Revised Code.829

       Sec. 907.14. (A) A person who holds a valid seed labeler 830
permit issued under section 907.13 of the Revised Code shall 831
report to the director of agriculture concerning the amount of 832
seed that the person sells in this state. The report shall be made 833
semiannually on a form that the director prescribes and provides. 834
One semiannual report shall be filed with the director prior to 835
the first day of February of each year with respect to all sales 836
that the person made during the period from the first day of July 837
to the thirty-first day of December of the preceding year. The 838
second semiannual report shall be filed prior to the first day of 839
August of each year with respect to all sales that the person made 840
during the period from the first day of January to the thirtieth 841
day of June of that year.842

        (B) A person who holds a valid seed labeler permit shall 843
include with each semiannual report a seed fee based on the amount 844
of the seed that the person sold during that reporting period as 845
follows:846

        (1) For soybeans and small grains, including barley, oats, 847
rye, wheat, triticale, and spelt, four cents per one hundred 848
pounds;849

        (2) For corn and grain sorghum, five cents per one hundred 850
pounds;851

        (3) For vegetable and flower seed sold at wholesale or retail 852
or on consignment or commission in containers of eight ounces or 853
less, two per cent of the wholesale value of the containers of 854
seed or, if the seed is not sold wholesale, two per cent of the 855
retail value of the containers of seed;856

        (4) For alfalfa, clover, grass, native grass, mixtures 857
containing any of these, and all agricultural, vegetable, and 858
flower seeds not specified in divisions (B)(1) to (3) of this 859
section, ten cents per one hundred pounds.860

        If the total amount of the seed fee that is due is less than 861
five dollars, the person shall pay the minimum seed fee, which is 862
five dollars.863

        (C) For each failure to report in full the amount of seed 864
sold or to submit the required seed fees in full by the due date, 865
a person who holds a valid seed labeler permit shall pay a penalty 866
of ten per cent of the amount due or fifty dollars, whichever is 867
greater. Failure to pay either the fee or the penalty within 868
thirty days after the due date is cause for suspension or 869
revocation by the director of the seed labeler permit or refusal, 870
without a hearing, to issue a subsequent seed labeler permit for 871
which the person applies.872

        (D) This section does not apply to governmental entities that 873
donate seed for conservation purposes.874

       Sec. 907.15.  The director of agriculture may suspend,875
revoke, or refuse to issue a permit to label seed for any876
violation of sections 907.01 to 907.17 of the Revised Code. No877
permit to label seed shall be suspended or revoked except for878
failure to pay either the fee or penalty provided in section879
907.13907.14 of the Revised Code until the permit holder thereof880
has been given a hearing by the director in regard to the proposed881
suspension or revocation or unless a hearing is waived by the882
nonappearance of the permit holder at the time and place883
designated by the director. Any appeal from any such suspension,884
revocation, or refusal mustshall be made within thirty days after 885
the suspension, revocation, or refusal.886

       Sec. 907.16.  All money received from permit fees, seed 887
inspection fees, packet seed inspection stamps, purity analysis 888
and germination test fees, sales of seized or condemned seed, and 889
fines recovered under sections 907.01 to 907.17 of the Revised 890
Codecollected by the director of agriculture under sections 891
907.01 to 907.17 of the Revised Code shall be paid to the director 892
of agriculture. The director shall deposit the moneydeposited893
into the treasury of the state to the credit of the general 894
revenue fundseed fund, which is hereby created in the state 895
treasury. Money credited to the fund shall be used to administer 896
and enforce those sections and rules adopted under them.897

       Sec. 907.31.  Any person who submits an application for the 898
registration of a brand of legume inoculant shall pay annually, 899
prior to the first day of AugustJanuary, a registration and 900
inspection fee based on his dollar sales volume of that brand in 901
Ohio within the twelve month period ending the last day of June902
immediately preceding the registration renewal date, in accordance 903
with the following schedule:904

       (A) One dollar up to ten thousand dollars volume, the 905
registration fee shall be twenty-five dollars.906

       (B) Ten thousand one dollars up to twenty thousand dollars 907
volume, the registration fee shall be fifty dollars.908

       (C) Twenty thousand one dollars and over volume, the 909
registration fee shall be one hundred dollars.910

       (D) Brands not previously registered for sale in Ohio will 911
pay the minimum registration fee of twenty-five dollarsin the 912
amount of fifty dollars per brand.913

       SuchThe registration shall be renewed according to the 914
standard renewal procedure of sections 4745.01 to 4745.03, 915
inclusive,established in Chapter 4745. of the Revised Code.916

       Section 2. That existing sections 907.01, 907.02, 907.03, 917
907.04, 907.07, 907.08, 907.081, 907.09, 907.10, 907.12, 907.13, 918
907.15, 907.16, and 907.31 and section        Sec. 907.14.  of the Revised Code 919
are hereby repealed.920