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| To amend sections 907.01, 907.03, 907.14, and 907.28 | 1 |
| of the Revised Code to make changes to the | 2 |
| Agricultural Seed Law. | 3 |
| Section 1. That sections 907.01, 907.03, 907.14, and 907.28 | 4 |
| of the Revised Code be amended to read as follows: | 5 |
| Sec. 907.01. As used in sections 907.01 to 907.17 of the | 6 |
| Revised Code: | 7 |
| (A) "Advertisement" means any representation, other than that | 8 |
| on a label, disseminated in any manner or by any means. | 9 |
| (B) "Agricultural seed" means the seed of grass, native | 10 |
| grass, forage, cereal, field and fiber crops, any other kinds of | 11 |
| seed commonly recognized in this state as agricultural or field | 12 |
| seed, lawn seed, and mixtures or blends of such seed. | 13 |
| (C) "Certifying agency" means an agency authorized by the | 14 |
| laws of a state or a foreign country to certify officially seed, | 15 |
| tubers for seeding purposes, or plants for varietal identification | 16 |
| or for other factors and, in the case of seed, an agency | 17 |
| determined by the United States secretary of agriculture to follow | 18 |
| procedures and standards of seed certification comparable to those | 19 |
| generally followed by seed certifying agencies that are members of | 20 |
| the association of official seed certifying agencies. | 21 |
| (D) "Germination" means the emergence and development from | 22 |
| seed embryos of those structures that indicate the capability of | 23 |
| producing normal seedlings under ordinarily favorable conditions | 24 |
| as determined by methods prescribed by rules of the association of | 25 |
| official seed analysts. | 26 |
| (E) "Hard seed" means seed that, because of impermeability, | 27 |
| does not absorb moisture or germinate, but remains hard during the | 28 |
| period of germination prescribed for that particular kind of seed. | 29 |
| (F) "Hermetically sealed" means that the container used does | 30 |
| not allow water vapor penetration through any wall, including the | 31 |
| seals, greater than five one-hundredths grams of water per | 32 |
| twenty-four hours per one hundred square inches of surface at one | 33 |
| hundred degrees Fahrenheit with a relative humidity on one side of | 34 |
| ninety per cent and on the other side of zero per cent. | 35 |
| (G) "Hybrid" means the first generation seed of a cross | 36 |
| produced by controlling the pollination and by combining: | 37 |
| (1) Two or more inbred lines; | 38 |
| (2) One inbred or a single cross with an open-pollinated | 39 |
| variety; | 40 |
| (3) Two varieties or species, except open-pollinated | 41 |
| varieties of corn (Zea Mays). | 42 |
| The second generation and subsequent generations from such | 43 |
| crosses shall not be regarded as hybrids. | 44 |
| (H) "In bulk" or "bulk" means loose in vehicles or bins. | 45 |
| (I) "Inert matter" means all matter not seeds, including | 46 |
| broken seeds, sterile florets, chaff, fungus bodies, and stones. | 47 |
| (J) "Kind," in reference to seed, means one or more related | 48 |
| species or subspecies that, singly or collectively, are known by | 49 |
| one common name, for example, soybeans, oats, alfalfa, or timothy. | 50 |
| (K) "Label" means a tag or other device that is attached to | 51 |
| or written, stamped, or printed on any container of seed or that | 52 |
| accompanies any lot of bulk seed and that describes the kind of | 53 |
| seed together with any other information required by law. "Label" | 54 |
| includes an invoice under which any seed is imported into the | 55 |
| state. | 56 |
| (L) "Lot of seed" means a definite quantity of seed | 57 |
| identified by a lot number, every portion or bag of which is | 58 |
| uniform, within permitted tolerances, as to the factors that | 59 |
| appear on the label. | 60 |
| (M) "Mixture" means seed consisting of more than one kind, | 61 |
| each of which is present in excess of five per cent of the whole. | 62 |
| (N) "Origin" means a state, the District of Columbia, Puerto | 63 |
| Rico, a possession of the United States, or a foreign country, or | 64 |
| designated portion thereof, where grown. | 65 |
| (O) "Other crop seed" means agricultural seed commingled with | 66 |
| the kind, or kind and variety, of seed under consideration, but | 67 |
| less than five per cent by weight of the lot. | 68 |
| (P) "Person" means any individual, partnership, corporation, | 69 |
| company, society, association, public agency, receiver, trustee, | 70 |
| or agent. | 71 |
| (Q) "Place of business" means any location, including any | 72 |
| vehicle, where seed is sold, processed, conditioned, or stored. | 73 |
| (R) "Prohibited noxious weeds"
means | 74 |
| reproduce by seed, spread by roots, underground stems, or other | 75 |
| reproductive parts, and, when established, are highly destructive | 76 |
| and difficult to control. | 77 |
| (S) "Processing" or "conditioning" means cleaning to remove | 78 |
| chaff, sterile florets, immature seeds, weed seeds, inert matter, | 79 |
| and other crop seeds, scarifying, blending to obtain uniform | 80 |
| quality, or any other operation that would change the purity or | 81 |
| germination of the seed and therefore require retesting to | 82 |
| determine the quality of the seed. "Processing" or "conditioning" | 83 |
| does not include such operations as packaging, labeling, blending | 84 |
| uniform lots of the same kind or variety without cleaning, or | 85 |
| preparing a mixture without cleaning, any of which would not | 86 |
| require retesting to determine the quality of the seed. | 87 |
| (T) "Pure seed" means agricultural, vegetable, or flower seed | 88 |
| free of inert matter and free of other seed distinguishable by | 89 |
| appearance or by test. | 90 |
| (U) "Records" means the complete data, including | 91 |
| representative samples, concerning each lot of agricultural, | 92 |
| vegetable, or flower seed that is sold. "Records" includes | 93 |
| information about the seed's source of purchase and origin; the | 94 |
| results of germination tests; the results of purity tests | 95 |
| regarding the amount of pure seed, inert matter, crop seed, weed | 96 |
| seed, and noxious weed seed contained in the lot of seed; and | 97 |
| information concerning the processing and disposition of the seed. | 98 |
| (V) "Screenings" means chaff, sterile florets, immature seed, | 99 |
| inert matter, weed seed, or any other matter removed from seed in | 100 |
| any kind of processing and that contains less than twenty-five per | 101 |
| cent by weight of live agricultural, vegetable, or flower seed. | 102 |
| (W) "Restricted noxious weeds" means weeds that are | 103 |
| objectionable in fields, lawns, or gardens, but that can be | 104 |
| controlled by good cultural practices. | 105 |
| (X) "Sell" or "sold" includes: | 106 |
| (1) Transferring ownership, offering or exposing for sale, | 107 |
| exchanging, distributing, giving away, or transporting in this | 108 |
| state; | 109 |
| (2) Storing, carrying, or handling in aid of traffic in this | 110 |
| state, whether in person or through an agent, employee, or others; | 111 |
| (3) Receiving, accepting, or holding on consignment for sale. | 112 |
| (Y) "Germination standard," as applied to vegetable or flower | 113 |
| seed, means the minimum percentage of germination established by | 114 |
| the director of agriculture for any kind or variety of seed. | 115 |
| (Z) "Tolerance" means the allowable deviation from any | 116 |
| percentage, fraction, or rate of occurrence stated on the label of | 117 |
| a lot of seed. Tolerance is based on the law of normal variation | 118 |
| from a mean. | 119 |
| (AA) "Type" means either a group of varieties so nearly | 120 |
| similar that the individual varieties cannot be clearly | 121 |
| differentiated except under special conditions or, when used with | 122 |
| a variety name, seed of that variety that may be mixed with seed | 123 |
| of other varieties of the same kind and of similar character. In | 124 |
| either case, ninety per cent of the pure seed shall be of the | 125 |
| variety or group of varieties named or, upon growth, shall produce | 126 |
| plants having characteristics similar to the variety or group of | 127 |
| varieties named. | 128 |
| (BB) "Variety" means a subdivision of a kind that is | 129 |
| characterized by growth, plant, fruit, seed, or other | 130 |
| characteristics by which it can be differentiated from other sorts | 131 |
| of the same kind. | 132 |
| (CC) "Vegetable seed" means the seed of any crop that is | 133 |
| grown in gardens or on truck farms and is generally known and sold | 134 |
| in this state under the name of vegetable seed or herb seed. | 135 |
| (DD) "Weed seed" means the seed and bulblets of all plants | 136 |
| generally recognized in this state as weeds, including prohibited | 137 |
| noxious weeds and restricted noxious weeds. | 138 |
| (EE) "Coated agricultural seed" means an agricultural seed | 139 |
| with a film or layer applied to the seed that is greater than one | 140 |
| per cent of the net weight, for purposes of, including, but not | 141 |
| limited to, accurate seeding, nitrogen fixation, nutrient | 142 |
| improvement, or protection from insects and pathogens. "Coated | 143 |
| agricultural seed" does not include seeds treated with dusts or | 144 |
| liquids that are virtually unmeasurable using association of | 145 |
| official seed analysts rules. | 146 |
| (FF) "Combination seed-mulch product" means any product | 147 |
| containing both seeds and a natural or artificial substance that | 148 |
| is applied to the soil surface for the purpose of promoting seed | 149 |
| germination through moisture retention, maintaining soil | 150 |
| temperature, or preventing erosion, and may contain fertilizer. | 151 |
| (GG) "Blend" means seed that consists of more than one | 152 |
| variety of a kind, with each variety representing more than five | 153 |
| per cent by weight of the whole. | 154 |
| (HH) "Flower seed" means the seed of herbaceous plants grown | 155 |
| for their blooms, ornamental foliage, or other ornamental parts | 156 |
| and commonly known as and sold under the name of flower seed. | 157 |
| (II) "Pure live seed" means the sum of seed's percentage of | 158 |
| germination plus the percentage of hard seed or dormant seed, | 159 |
| multiplied by the percentage of pure seed, the product of which is | 160 |
| divided by one hundred. The result is expressed as a whole number. | 161 |
| Expressed as an equation, the definition of "pure live seed" is as | 162 |
| follows: (percentage of germination plus percentage of hard seed | 163 |
| or dormant seed) multiplied by the percentage of pure seed equals | 164 |
| (product) divided by one hundred equals pure live seed. | 165 |
| (JJ) "Cool season grass seed" means the agricultural seed of | 166 |
| Kentucky bluegrass, red fescue, chewings fescue, hard fescue, tall | 167 |
| fescue, perennial ryegrass, intermediate ryegrass, annual | 168 |
| ryegrass, colonial bentgrass, creeping bentgrass, and mixtures or | 169 |
| blends containing only those grass seeds. | 170 |
| (KK) "Native grass" has the meaning established in rules | 171 |
| adopted under section 907.10 of the Revised Code. | 172 |
| (LL) "Class of seed" means a classification of seed that is | 173 |
| established using the standards and procedures established by the | 174 |
| association of official seed certifying agencies and that | 175 |
| designates seed as breeder, foundation, registered, or certified | 176 |
| seed. | 177 |
| (MM) "Container" means a packet, bag, box, tape, tube, | 178 |
| envelope, pre-planted device, mat, or other device used to contain | 179 |
| seed, except that "container" does not include a vehicle or bin | 180 |
| used to contain bulk seed. | 181 |
| (NN) "Dormant seed" means viable seed, excluding hard seed, | 182 |
| that fails to germinate when provided with the specified | 183 |
| germination conditions for that kind of seed. | 184 |
| Sec. 907.03. (A) Each container of agricultural, vegetable, | 185 |
| or flower seed that is sold for sowing purposes shall bear on it | 186 |
| or have attached to it in a conspicuous place a label plainly | 187 |
| written or printed in the English language giving the following | 188 |
| information: | 189 |
| (1) For agricultural seed that is sold on a pure live seed | 190 |
| basis or any other basis: | 191 |
| (a) The commonly accepted name of the kind, or kind and | 192 |
| variety, of each agricultural seed component in excess of five per | 193 |
| cent by weight of the whole and the percentage by weight of each | 194 |
| in the order of its predominance. If the director of agriculture | 195 |
| has determined in rules adopted under section 907.10 of the | 196 |
| Revised Code that any component of agricultural seed is generally | 197 |
| labeled as to variety, the label shall bear, in addition to the | 198 |
| name of the kind, the name of the variety, or the statement | 199 |
| "variety not stated." If any such component is a hybrid, the label | 200 |
| shall also bear the name of the hybrid. If more than one seed kind | 201 |
| is listed on the label, the word "mixture," "mixed," or "mix" | 202 |
| shall appear conspicuously on the label. If more than one variety | 203 |
| is listed on the label of seed consisting of a single kind, the | 204 |
| word "blend" shall appear on the label. | 205 |
| (b) The lot number; | 206 |
| (c) The origin, if known, of alfalfa and red clover. If the | 207 |
| origin is unknown, that fact shall be stated. | 208 |
| (d) The percentage by weight of all weed seed; | 209 |
| (e) The name and number of each kind of restricted | 210 |
| noxious-weed seed per ounce, when present singly or in | 211 |
| combination: | 212 |
| (i) In excess of one seed in each ten grams of timothy, red | 213 |
| top, tall meadow oatgrass, orchardgrass, crested dog's-tail, | 214 |
| Kentucky bluegrass, Canada bluegrass, fescue, bromegrass, | 215 |
| perennial and Italian ryegrass, crimson clover, red clover, white | 216 |
| clover, alsike clover, sweet clover, alfalfa, or any other | 217 |
| agricultural seed of similar size, other grasses and clovers not | 218 |
| otherwise classified, or any combination thereof; | 219 |
| (ii) In excess of one seed in each fifty grams of millet, | 220 |
| rape, flax, sudangrass, or other seed not specified in division | 221 |
| (A)(1)(e)(i) or division (A)(1)(f) of this section, or any | 222 |
| combination thereof. | 223 |
| (f) The name and number of each kind of restricted | 224 |
| noxious-weed seed per pound when present, singly or in | 225 |
| combination, in excess of one seed in each two hundred grams of | 226 |
| wheat, oats, rye, barley, buckwheat, vetches, or any other seed as | 227 |
| large as or larger than wheat, or any combination thereof; | 228 |
| (g) The percentage by weight of agricultural seed, which may | 229 |
| be designated as "crop seed," other than that required to be named | 230 |
| on the label; | 231 |
| (h) The percentage by weight of inert matter; | 232 |
| (i) For each named agricultural seed: the percentage of | 233 |
| germination, exclusive of hard seed; the percentage of hard seed, | 234 |
| if present; and the calendar month and year the test was completed | 235 |
| to determine these percentages; | 236 |
| (j) The name and address of the person who labels the seed. | 237 |
| (2) For coated agricultural seed, in addition to the | 238 |
| information required under division (A)(1) of this section: | 239 |
| (a) The percentage by weight of pure seed with coating | 240 |
| material removed; | 241 |
| (b) The percentage by weight of coating material; | 242 |
| (c) The percentage by weight of inert matter exclusive of | 243 |
| coating material; | 244 |
| (d) The percentage of germination determined on four hundred | 245 |
| coated pellets. | 246 |
| (3) For vegetable seed that is sold in containers weighing | 247 |
| eight ounces or less: | 248 |
| (a) The name of the kind and variety of the seed; | 249 |
| (b) For seed that germinates less than the germination | 250 |
| standard established by the director under division (B)(3) of | 251 |
| section 907.10 of the Revised Code: | 252 |
| (i) The percentage of germination, exclusive of hard seed; | 253 |
| the percentage of hard seed, if present; and the calendar month | 254 |
| and year the test was completed to determine these percentages; | 255 |
| (ii) "Below standard" in not less than 8-point type in a | 256 |
| conspicuous place on the same side of the label as that which | 257 |
| states the percentage of germination or on the face of the | 258 |
| container. | 259 |
| The percentage of germination of seed determined to be equal | 260 |
| to or above the standard may be, but is not required to be, stated | 261 |
| on the label or container. | 262 |
| (c) The name and address of the person who labels the seed; | 263 |
| (d) The year in which the packed seed is intended for sale | 264 |
| or, if the seed is packed in hermetically sealed containers, the | 265 |
| years in which the packed seed is intended for sale; | 266 |
| (e) The lot number. | 267 |
| (4) For vegetable seed that is sold in containers weighing | 268 |
| more than eight ounces: | 269 |
| (a) The name of each kind and variety of vegetable seed | 270 |
| present in excess of five per cent and the percentage by weight of | 271 |
| each in order of its predominance; | 272 |
| (b) The lot number; | 273 |
| (c) The following information for each vegetable seed named | 274 |
| on the label: | 275 |
| (i) The percentage of germination exclusive of hard seed; | 276 |
| (ii) The percentage of hard seed, if present. | 277 |
| Germination and hard seed may be stated as a total percentage if | 278 |
| desired. | 279 |
| (iii) The calendar month and year that the test used to | 280 |
| determine each percentage was completed. | 281 |
| (d) The name and address of the person who labels the seed. | 282 |
| (5) For flower seed that is sold in containers weighing eight | 283 |
| ounces or less: | 284 |
| (a) The common name of the kind and variety of flower seed | 285 |
| or, if commonly used, the scientific name of the kind and variety | 286 |
| of flower seed; | 287 |
| (b) The following information for flower seed that germinates | 288 |
| less than the germination standard established by the director | 289 |
| under division (B)(3) of section 907.10 of the Revised Code: | 290 |
| (i) The percentage of germination, exclusive of hard seed; | 291 |
| (ii) The percentage of hard seed, if present; | 292 |
| (iii) The calendar month and year that the test used to | 293 |
| determine the percentages was completed; | 294 |
| (iv) The words "below standard" in not less than eight-point | 295 |
| type in a conspicuous place on the same side of the label as that | 296 |
| which states the percentage of germination or on the face of the | 297 |
| container. | 298 |
| The percentage of germination of any flower seed determined | 299 |
| to be equal to or above the standard may be, but is not required | 300 |
| to be, stated on the label or container. | 301 |
| (c) The name and address of the person who labels the seed; | 302 |
| (d) The year in which the packed seed is intended for sale | 303 |
| or, if the seed is packed in hermetically sealed containers, the | 304 |
| years in which the packed seed is intended for sale; | 305 |
| (e) The lot number. | 306 |
| (6) For flower seed in containers weighing more than eight | 307 |
| ounces: | 308 |
| (a) The name of each kind and variety of flower seed present | 309 |
| in excess of five per cent and the percentage by weight of each in | 310 |
| order of its predominance; | 311 |
| (b) The lot number; | 312 |
| (c) The following information for each flower seed named on | 313 |
| the label: | 314 |
| (i) The percentage of germination exclusive of hard seed; | 315 |
| (ii) The percentage of hard seed, if present. | 316 |
| Germination and hard seed may be stated as a total percentage if | 317 |
| desired. | 318 |
| (iii) The calendar month and year that the test used to | 319 |
| determine each percentage was completed. | 320 |
| (d) The name and address of the person who labels the seed. | 321 |
| (7) For combination seed-mulch products: | 322 |
| (a) The word "combination," which shall be printed on the | 323 |
| upper third of the principal display panel in the largest and most | 324 |
| conspicuous type in relation to other words and designs on the | 325 |
| label; | 326 |
| (b) Following the word "combination" on the upper third of | 327 |
| the principal display panel, the words "seed, mulch, and | 328 |
| fertilizer," as applicable and not necessarily in that order, | 329 |
| printed in type smaller than, but no less than one-half the size | 330 |
| of, the type used to print the word "combination"; | 331 |
| (c) In addition to the information required under division | 332 |
| (A)(1) of this section, the product's analysis label shall contain | 333 |
| all of the following: | 334 |
| (i) The seed origin, if known, for each kind or variety, or | 335 |
| both; | 336 |
| (ii) The percentages by weight of mulch and, if applicable, | 337 |
| of fertilizer; | 338 |
| (iii) Any noxious weeds. If no noxious weeds are present, | 339 |
| "noxious weeds--none found" shall be stated. | 340 |
| (B) When dormant seed is encountered with respect to any of | 341 |
| the following named grasses, the result of a tetrazolium test also | 342 |
| may be shown on the label of the grass seed to indicate the | 343 |
| potential germination and viability of the seed: | 344 |
| (1) Bluestem, big (Andropogon gerardii); | 345 |
| (2) Bluestem, little (Schizachyrium scoparium); | 346 |
| (3) Dropseed, sand (Sporobolus cryptandrus); | 347 |
| (4) Grama, sideoats (Bouteloua curtipendula); | 348 |
| (5) Indiangrass (Sorghastrum nutans); | 349 |
| (6) Needlegrass (Stipa viridula); | 350 |
| (7) Switchgrass (Panicum virgatum). | 351 |
| (C) Bulk agricultural, vegetable, or flower seed that is | 352 |
| offered for sale or sold shall comply with the labeling | 353 |
| requirements established in division (A) of this section, except | 354 |
| that the label shall be provided in the following manner rather | 355 |
| than being attached to a container: | 356 |
| (1) The label shall be posted next to the bulk seed so that | 357 |
| it is easily read by the purchaser. | 358 |
| (2) In the case of bulk seed purchased in excess of twenty | 359 |
| pounds, the seller shall provide a copy of the label to the | 360 |
| consumer in conjunction with the bill of sale. | 361 |
| (D) No information concerning a test date, pure seed, inert | 362 |
| matter, crop seed, weed seed, germination, hard seed, or noxious | 363 |
| weed seed shall be included on a label for agricultural, | 364 |
| vegetable, or flower seed unless a test has been conducted on that | 365 |
| lot of seed prior to its being sold to determine the accuracy of | 366 |
| the information. | 367 |
| Sec. 907.14. (A) A person who holds a valid seed labeler | 368 |
| permit issued under section 907.13 of the Revised Code shall | 369 |
| report to the director of agriculture concerning the amount of | 370 |
| seed that the person sells in this state. The report shall be made | 371 |
| semiannually on a form that the director prescribes and provides. | 372 |
| One semiannual report shall be filed with the director prior to | 373 |
| the first day of February of each year with respect to all sales | 374 |
| that the person made during the period from the first day of July | 375 |
| to the thirty-first day of December of the preceding year. The | 376 |
| second semiannual report shall be filed prior to the first day of | 377 |
| August of each year with respect to all sales that the person made | 378 |
| during the period from the first day of January to the thirtieth | 379 |
| day of June of that year. | 380 |
| (B) A person who holds a valid seed labeler permit shall | 381 |
| include with each semiannual report a seed fee based on the amount | 382 |
| of the seed that the person sold during that reporting period as | 383 |
| follows: | 384 |
| (1) For soybeans and small grains, including barley, oats, | 385 |
| rye, wheat, triticale, and spelt, four cents per one hundred | 386 |
| pounds; | 387 |
| (2) For corn and grain sorghum, five cents per one hundred | 388 |
| pounds; | 389 |
|
(3)(a) For | 390 |
| sold at wholesale or retail or on consignment or commission | 391 |
| 392 | |
| value of the containers of seed or, if the seed is not sold | 393 |
| wholesale, two per cent of the retail value of the containers of | 394 |
| seed | 395 |
| (i) Vegetable and flower seed sold in containers, other than | 396 |
| hermetically sealed containers, of eight ounces or less; | 397 |
| (ii) Flower seed sold in hermetically sealed containers that | 398 |
| contain fewer than three hundred seeds; | 399 |
| (iii) Vegetable seed sold in hermetically sealed containers | 400 |
| that contain fewer than one thousand seeds. | 401 |
| (b) The fees established pursuant to divisions (B)(3)(a)(ii) | 402 |
| and (iii) of this section apply to both of the following: | 403 |
| (i) Seed sold in hermetically sealed containers that contain | 404 |
| the amount of seeds specified in division (B)(3)(a)(ii) or (iii) | 405 |
| of this section, as applicable; | 406 |
| (ii) Seed sold in hermetically sealed containers that do not | 407 |
| clearly state the number of seeds that they contain. | 408 |
| (c) Except as otherwise provided in division (B)(3)(b)(ii) of | 409 |
| this section, if the weight of seed in a container, or the | 410 |
| quantity of seed in a container, exceeds the applicable weight or | 411 |
| quantity specified in division (B)(3)(a)(i), (ii), or (iii) of | 412 |
| this section, the fee established in division (B)(4) of this | 413 |
| section applies. | 414 |
| (4) For alfalfa, clover, grass, native grass, mixtures | 415 |
| containing any of these, and all agricultural, vegetable, and | 416 |
| flower seeds not specified in divisions (B)(1) to (3) of this | 417 |
| section, ten cents per one hundred pounds. | 418 |
| If the total amount of the seed fee that is due is less than | 419 |
| five dollars, the person shall pay the minimum seed fee, which is | 420 |
| five dollars. | 421 |
| (C) For each failure to report in full the amount of seed | 422 |
| sold or to submit the required seed fees in full by the due date, | 423 |
| a person who holds a valid seed labeler permit shall pay a penalty | 424 |
| of ten per cent of the amount due or fifty dollars, whichever is | 425 |
| greater. Failure to pay either the fee or the penalty within | 426 |
| thirty days after the due date is cause for suspension or | 427 |
| revocation by the director of the seed labeler permit or refusal, | 428 |
| without a hearing, to issue a subsequent seed labeler permit for | 429 |
| which the person applies. | 430 |
| (D) This section does not apply to governmental entities that | 431 |
| donate seed for conservation purposes. | 432 |
| Sec. 907.28. No person shall manufacture or distribute any | 433 |
| type of legume inoculant or pre-inoculated seeds in this state | 434 |
|
until | 435 |
| inoculant with the director of agriculture. Applications for | 436 |
| registration shall be made on forms obtainable from the director | 437 |
| and shall be accompanied by the fee prescribed in section 907.31 | 438 |
| of the Revised Code. A copy of each label used with each brand | 439 |
| shall be attached to the application form at the time of filing. | 440 |
| (A) Each application for registration of a brand of legume | 441 |
| inoculant shall state: | 442 |
| (1) The name and address of the person responsible for | 443 |
| distribution of the legume inoculant culture; | 444 |
| (2) The name of the group or groups of plants for which the | 445 |
| brand is represented to be effective; | 446 |
| (3) The name or nature of medium or substrata upon which | 447 |
| marketed; | 448 |
| (4) The name of the brand of the pure or mixed culture of | 449 |
| legume inoculant being registered. | 450 |
| (B) All registrations shall expire each year on the | 451 |
|
thirty-first day of | 452 |
| to the
standard renewal procedure of sections 4745.01 to 4745.03 | 453 |
| 454 |
| (C) No other person shall be required to register a brand of | 455 |
| legume inoculant if the manufacturer has already registered the | 456 |
| brand. | 457 |
| Section 2. That existing sections 907.01, 907.03, 907.14, and | 458 |
| 907.28 of the Revised Code are hereby repealed. | 459 |