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To amend sections 924.01, 924.02, 924.08, 924.09, and | 1 |
924.99 and to enact sections 924.20 to 924.30 of | 2 |
the Revised Code to establish a grain marketing | 3 |
program. | 4 |
Section 1. That sections 924.01, 924.02, 924.08, 924.09, and | 5 |
924.99 be amended and sections 924.20, 924.21, 924.22, 924.23, | 6 |
924.24, 924.25, 924.26, 924.27, 924.28, 924.29, and 924.30 of the | 7 |
Revised Code be enacted to read as follows: | 8 |
Sec. 924.01. As used in | 9 |
924.16 and 924.51 to 924.55 of the Revised Code: | 10 |
(A) "Agricultural commodity" means any food, fiber, feed, | 11 |
animal, or plant, or group of foods, fibers, feeds, animals, or | 12 |
plants that the director of agriculture determines to be of the | 13 |
same nature, in either a natural or a processed state. | 14 |
"Agricultural commodity" does not include grain as defined in | 15 |
section 924.20 of the Revised Code. | 16 |
(B) "Distributor" means any person who sells, offers for | 17 |
sale, markets, or distributes an agricultural commodity | 18 |
that the person has purchased or acquired directly from a | 19 |
producer, or
| 20 |
producer. | 21 |
(C) "Handler" means any person who is in the business of | 22 |
packing, grading, selling, offering for sale, or marketing any | 23 |
agricultural commodity in commercial quantities as defined in a | 24 |
marketing program. | 25 |
(D)
"Marketing program" means a program | 26 |
established
by order of the director | 27 |
this chapter, to improve or expand the market for an agricultural | 28 |
commodity. | 29 |
(E) "Operating committee" means a committee established to | 30 |
administer a marketing program for an agricultural commodity. | 31 |
(F) "Person" means any natural person, partnership, | 32 |
corporation, society, association, or fiduciary. | 33 |
(G) "Processor" means any person who is in the business of | 34 |
grading, packaging, packing, canning, freezing, dehydrating, | 35 |
fermenting, distilling, extracting, preserving, grinding, | 36 |
crushing, juicing, or in any other way preserving or changing the | 37 |
form of any agricultural commodity. | 38 |
(H) "Producer" means any person who is in the business of | 39 |
producing, or causing to be produced, any agricultural commodity | 40 |
for commercial sale, except that when used in reference to nursery | 41 |
stock, "producer" also means a distributor, processor, handler, or | 42 |
retailer of nursery stock. | 43 |
Sec. 924.02. The director of agriculture, subject to | 44 |
45 | |
Code, shall do all of the following: | 46 |
(A) Establish procedures by which producers of Ohio | 47 |
agricultural commodities may propose, develop, and operate | 48 |
marketing programs to: | 49 |
(1) Promote the sale and use of their products; | 50 |
(2) Develop new uses and markets for such products; | 51 |
(3) Improve the methods of distributing such products to | 52 |
consumers; | 53 |
(4) Standardize the quality of such products for specific | 54 |
uses. | 55 |
(B) Adopt and enforce rules to put into effect the intent of | 56 |
sections 924.01 to 924.16 of the Revised Code; | 57 |
(C) Determine the eligibility of producers to participate in | 58 |
referendums and other procedures that may be required to establish | 59 |
marketing programs for agricultural commodities. | 60 |
Sec. 924.08. The director of agriculture shall monitor the | 61 |
actions of each operating committee to assure that: | 62 |
(A) Each marketing program is self-supporting | 63 |
(B) Each such committee keeps all records | 64 |
required for agencies of
the state | 65 |
(C) All program operations are in accord with: | 66 |
(1) The provisions of the marketing program; | 67 |
(2) | 68 |
(3) | 69 |
Code. | 70 |
(D) Administrative activities of each committee are | 71 |
coordinated with those of the department of agriculture. | 72 |
Sec. 924.09. (A) Each operating committee may make | 73 |
assessments upon the marketable agricultural commodity for which | 74 |
the marketing program was established. | 75 |
(B) No operating committee shall levy any assessment: | 76 |
(1) That was not approved by the producers affected by the | 77 |
program; | 78 |
(2)
That exceeds two cents per bushel of corn | 79 |
80 | |
agricultural commodity during the preceding marketing year as | 81 |
defined for the commodity by the United States department of | 82 |
agriculture or, if there is no such definition, by the director of | 83 |
agriculture; | 84 |
(3) Against any producer who is not eligible to vote in a | 85 |
referendum for the marketing program that the operating committee | 86 |
administers. | 87 |
(C) The director | 88 |
processor, distributor, or handler of an agricultural commodity | 89 |
for which a marketing program has been established under sections | 90 |
924.01 to 924.16 of the Revised Code to withhold assessments from | 91 |
any amounts that the producer, processor, distributor, or handler | 92 |
owes to producers of the commodity and, notwithstanding division | 93 |
(B)(3) of this section, to remit them to the director. Any | 94 |
processor, distributor, or handler who pays for any producer any | 95 |
assessment that is levied under authority of this section may | 96 |
deduct the amount of the assessment from any moneys that the | 97 |
processor, distributor, or handler owes to the producer. | 98 |
(D) No operating committee shall use any assessments that it | 99 |
levies for any political or legislative purpose, or for | 100 |
preferential treatment of one person to the detriment of any other | 101 |
person affected by the marketing program. | 102 |
(E) The operating committee of each marketing program shall | 103 |
refund to a producer the assessments that it collects from the | 104 |
producer not later than sixty days after receipt of a valid | 105 |
application by the producer for a refund, provided that the | 106 |
producer complies with the procedures for a refund that were | 107 |
included in the program under division (B)(3) of section 924.04 of | 108 |
the Revised Code. | 109 |
In the case of the state beef marketing program, in lieu of | 110 |
giving a refund to a producer, the director of the program's | 111 |
operating committee may forward the refund to the cattlemen's beef | 112 |
promotion and research board pursuant to the "Beef Promotion and | 113 |
Research Act," 99 Stat. 1597 (1985), 7 U.S.C.A. 2901, and | 114 |
amendments thereto, and shall credit that amount to the total | 115 |
amount owed by the producer to the federal beef program. Each | 116 |
application for a refund of assessments levied for a program | 117 |
established after April 10, 1985 shall be made on a form provided | 118 |
by the director of agriculture. Each operating committee for such | 119 |
a program shall ensure that refund forms are available where | 120 |
assessments for its program are withheld. | 121 |
Sec. 924.20. As used in sections 924.20 to 924.30 of the | 122 |
Revised Code: | 123 |
(A) "Grain" means wheat, barley, rye, or oats. | 124 |
(B) "Handler" means a person who is in the business of | 125 |
agricultural commodity handling, as defined in section 926.01 of | 126 |
the Revised Code, of grain. | 127 |
(C) "Producer" means a person who is in the business of | 128 |
producing, or causing to be produced, grain for commercial sale. | 129 |
(D) "Rule" means a rule adopted under section 924.25 of the | 130 |
Revised Code. | 131 |
Sec. 924.21. There is hereby established a grain marketing | 132 |
program. The program shall be administered in accordance with | 133 |
sections 924.20 to 924.30 of the Revised Code and rules. | 134 |
Sec. 924.22. (A) For the purposes of sections 924.20 to | 135 |
924.30 of the Revised Code, the director of agriculture shall hold | 136 |
an election to determine the membership of a grain marketing | 137 |
program operating committee in accordance with rules. The election | 138 |
shall be for nine members of the operating committee. | 139 |
(B) Not later than one hundred twenty days after the | 140 |
effective date of this section, the director shall accept the | 141 |
names of persons as nominees to serve on the operating committee. | 142 |
In accepting nominations and placing names on the ballot, the | 143 |
director shall follow the procedures established in rules. | 144 |
(C) Not later than one hundred eighty days after the | 145 |
effective date of this section, the director shall hold an | 146 |
election to determine the membership of the operating committee. | 147 |
In the election, eligible producers may cast votes in person at or | 148 |
mail ballots to polling places designated by the director. The | 149 |
director shall establish a three-day period during which eligible | 150 |
producers may vote in person during normal business hours at the | 151 |
designated polling places. The director or another appropriate | 152 |
person shall send a ballot by ordinary first-class mail to an | 153 |
eligible producer who requests one by calling the toll-free | 154 |
telephone number or submitting the ballot request form provided | 155 |
for in division (D) of this section, by calling one of the | 156 |
designated polling places, or by any additional method that the | 157 |
director may provide. A ballot returned by mail is not valid if it | 158 |
is postmarked later than the third day of the election period | 159 |
established by the director. | 160 |
(D) For the purposes of an election of members of the grain | 161 |
marketing program operating committee, the director shall cause a | 162 |
ballot request form to be published at least thirty days before | 163 |
the beginning of the election period established in accordance | 164 |
with division (C) of this section in at least two appropriate | 165 |
periodicals designated by the director and shall make the form | 166 |
available for reproduction to any interested group or association. | 167 |
The director also shall provide a toll-free telephone number that | 168 |
producers may call to request a ballot. | 169 |
(E) Following the election of the initial members of the | 170 |
operating committee, the director shall hold subsequent elections | 171 |
in order to maintain the membership of the operating committee as | 172 |
provided in rules. The elections shall be held in the manner | 173 |
established in this section and rules for the election of initial | 174 |
members. | 175 |
(F) Persons elected to the grain marketing program operating | 176 |
committee shall hold office in accordance with rules. | 177 |
Sec. 924.23. (A) The grain marketing program operating | 178 |
committee shall hold at least one meeting per quarter each year. | 179 |
The members of the operating committee annually shall select | 180 |
officers, including a chairperson and a vice-chairperson. | 181 |
(B) A majority of the members of the operating committee | 182 |
constitutes a quorum. A majority of concurring votes is required | 183 |
to pass a motion or approve any operating committee action. | 184 |
(C) The director of agriculture, or the director's designee, | 185 |
is an ex-officio voting member of the operating committee. | 186 |
(D) Each member of the operating committee, except the | 187 |
director or the director's designee, is entitled to actual and | 188 |
necessary travel and incidental expenses while attending meetings | 189 |
of the committee or while engaged in the performance of official | 190 |
responsibilities as a member of the committee. | 191 |
(E) A member or employee of the operating committee is not | 192 |
civilly liable for any actions taken in good faith as a member or | 193 |
employee, as applicable, of the committee. | 194 |
Sec. 924.24. (A) The grain marketing program operating | 195 |
committee shall do all of the following: | 196 |
(1) Hire personnel and contract for services that are | 197 |
necessary for the operation of the grain marketing program; | 198 |
(2) Promote the sale of grain for the purpose of maintaining | 199 |
and expanding present markets and creating new and larger | 200 |
intrastate, interstate, and foreign markets for grain, and inform | 201 |
the public of the uses and benefits of grain; | 202 |
(3) Establish requirements and procedures for the collection | 203 |
of assessments that the operating committee is required to levy | 204 |
under section 924.26 of the Revised Code, including the method and | 205 |
frequency of collection; | 206 |
(4) Establish procedures to be used by a person who wishes to | 207 |
file for a refund of the person's assessment that is levied under | 208 |
section 924.26 of the Revised Code; | 209 |
(5) Perform all acts and exercise all powers incidental to, | 210 |
in connection with, or considered reasonably necessary, proper, or | 211 |
advisable to effectuate the purposes of sections 924.20 to 924.30 | 212 |
of the Revised Code. | 213 |
(B) The operating committee may do any or all of the | 214 |
following: | 215 |
(1) Conduct, and contract with others to conduct, research, | 216 |
including the study, analysis, dissemination, and accumulation of | 217 |
information obtained from the research or elsewhere, concerning | 218 |
the marketing and distribution of grain, the storage, processing, | 219 |
and transportation of grain, and the production and product | 220 |
development of grain; | 221 |
(2) Provide the wholesale and retail grain trade with | 222 |
information relative to proper methods of handling and selling | 223 |
grain; | 224 |
(3) Conduct, and contract with others to conduct, market | 225 |
surveys and analyses, undertake any other similar activities that | 226 |
it determines are appropriate for the maintenance and expansion of | 227 |
present markets and the creation of new and larger markets for | 228 |
grain, and enter into contracts, in the name of the committee, to | 229 |
render service in formulating and conducting plans and programs | 230 |
and other contracts or agreements that the committee considers | 231 |
necessary for the promotion of the sale of grain; | 232 |
(4) Publish and distribute to producers and others | 233 |
information relating to the grain industry; | 234 |
(5) Propose to the director of agriculture rules that are | 235 |
necessary for the exercise of its powers and the performance of | 236 |
its duties; | 237 |
(6) Establish priorities and prepare and approve a budget | 238 |
consistent with estimated resources and the scope of the grain | 239 |
marketing program; | 240 |
(7) Receive and investigate, or cause to be investigated, | 241 |
complaints concerning and violations of the grain marketing | 242 |
program. The operating committee shall refer any violations to the | 243 |
director for action under section 924.29 of the Revised Code. | 244 |
Sec. 924.25. (A) The director of agriculture shall monitor | 245 |
the activities of the grain marketing program operating committee | 246 |
to ensure all of the following: | 247 |
(1) The grain marketing program is self-supporting. | 248 |
(2) The operating committee keeps all records that are | 249 |
required for agencies of the state. | 250 |
(3) The program's operations comply with all of the | 251 |
following: | 252 |
(a) The provisions of the program; | 253 |
(b) Rules; | 254 |
(c) Sections 924.20 to 924.30 of the Revised Code. | 255 |
(4) Administrative activities of the committee are | 256 |
coordinated with those of the department of agriculture. | 257 |
(B) Not later than ninety days after the effective date of | 258 |
this section, the director shall adopt rules in accordance with | 259 |
Chapter 119. of the Revised Code that are necessary to carry out | 260 |
the purposes of sections 924.20 to 924.30 of the Revised Code. The | 261 |
rules shall include all of the following: | 262 |
(1) Deadlines and nomination procedures for the placement of | 263 |
persons on the ballot for election to the grain marketing program | 264 |
operating committee; | 265 |
(2) The terms of office of members of the operating | 266 |
committee, including the staggering of terms for the initial | 267 |
members; | 268 |
(3) Insofar as possible, requirements providing for the | 269 |
equitable distribution of members on the operating committee by | 270 |
geographic and production areas of the state. | 271 |
Sec. 924.26. (A) The grain marketing program operating | 272 |
committee shall levy on producers and, as provided in division (B) | 273 |
of this section, handlers the following assessments, as | 274 |
applicable: | 275 |
(1) One-half of one per cent of the per-bushel price of wheat | 276 |
at the first point of sale; | 277 |
(2) One-half of one per cent of the per-bushel price of | 278 |
barley at the first point of sale; | 279 |
(3) One-half of one per cent of the per-bushel price of rye | 280 |
at the first point of sale; | 281 |
(4) One-half of one per cent of the per-bushel price of oats | 282 |
at the first point of sale. | 283 |
(B) The director may require a handler to withhold | 284 |
assessments from any amounts that the handler owes to producers | 285 |
and to remit them to the director. A handler who pays for a | 286 |
producer an assessment that is levied under this section may | 287 |
deduct the amount of the assessment from any money that the | 288 |
handler owes to the producer. | 289 |
(C) The operating committee shall deposit all money collected | 290 |
under this section with a bank or savings and loan association as | 291 |
defined in sections 1101.01 and 1151.01 of the Revised Code. All | 292 |
money so collected and deposited shall be used only for defraying | 293 |
the costs of administration of the marketing program and for | 294 |
carrying out sections 924.20 to 924.30 of the Revised Code. The | 295 |
operating committee shall not use any assessments that it levies | 296 |
for any political or legislative purpose or for preferential | 297 |
treatment of one person to the detriment of any other person | 298 |
affected by the grain marketing program. | 299 |
(D) The operating committee shall refund to a producer the | 300 |
assessments that it collects from the producer not later than | 301 |
thirty days after receipt of a valid application by the producer | 302 |
for a refund, provided that the producer complies with the | 303 |
procedures for a refund established by the committee under section | 304 |
924.24 of the Revised Code. | 305 |
An application for a refund shall be made on a form provided | 306 |
by the director. The operating committee shall ensure that refund | 307 |
forms are available where assessments for the grain marketing | 308 |
program are collected. | 309 |
Sec. 924.27. (A) The grain marketing program operating | 310 |
committee shall establish a fiscal year for the grain marketing | 311 |
program. Within sixty days of the end of each fiscal year, the | 312 |
operating committee shall publish an activity and financial report | 313 |
and make the report available to each producer who pays the | 314 |
assessment levied under section 924.26 of the Revised Code or | 315 |
otherwise contributes to the program and to other interested | 316 |
persons. | 317 |
(B) In addition to the reports required by division (A) of | 318 |
this section, the operating committee shall submit to the director | 319 |
of agriculture both of the following: | 320 |
(1) An annual financial statement prepared by a certified | 321 |
public accountant holding a permit issued by the accountancy board | 322 |
under Chapter 4701. of the Revised Code. The operating committee | 323 |
shall file the financial statement with the director not more than | 324 |
sixty days after the end of each fiscal year. | 325 |
(2) A monthly unaudited financial statement. | 326 |
Sec. 924.28. The grain marketing program may be suspended or | 327 |
terminated in the same manner in which other marketing programs | 328 |
are suspended or terminated under sections 924.12 and 924.13 of | 329 |
the Revised Code. | 330 |
Sec. 924.29. The director of agriculture may institute an | 331 |
action at law or in equity that appears necessary to enforce | 332 |
compliance with sections 924.20 to 924.30 of the Revised Code, | 333 |
rules, or the grain marketing program that is established in | 334 |
compliance with those sections and rules. | 335 |
Sec. 924.30. (A) No person shall knowingly fail or refuse to | 336 |
withhold or remit an assessment levied under section 924.26 of the | 337 |
Revised Code. | 338 |
(B) Before instituting an enforcement action for a violation | 339 |
of this section, the director of agriculture shall give the | 340 |
alleged violator an opportunity to present the alleged violator's | 341 |
views to the director as to why the action should not be | 342 |
instituted. | 343 |
Sec. 924.99. Whoever violates division (A) of section 924.16 | 344 |
or of section 924.30 of the Revised Code is guilty of a | 345 |
misdemeanor of the fourth degree. | 346 |
Section 2. That existing sections 924.01, 924.02, 924.08, | 347 |
924.09, and 924.99 of the Revised Code are hereby repealed. | 348 |