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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 and | 2 |
3717.53 of the Revised Code to establish a grain | 3 |
marketing program, to provide that the Director | 4 |
of Agriculture has exclusive authority to regulate | 5 |
the provision of food nutrition information at | 6 |
food service operations, and to provide incentives | 7 |
for bioproducts innovation in the Ohio polymer | 8 |
industry. | 9 |
Section 1. That sections 924.01, 924.02, 924.08, 924.09, and | 10 |
924.99 be amended and sections 924.20, 924.21, 924.22, 924.23, | 11 |
924.24, 924.25, 924.26, 924.27, 924.28, 924.29, 924.30, and | 12 |
3717.53 of the Revised Code be enacted to read as follows: | 13 |
Sec. 924.01. As used in | 14 |
924.16 and 924.51 to 924.55 of the Revised Code: | 15 |
(A) "Agricultural commodity" means any food, fiber, feed, | 16 |
animal, or plant, or group of foods, fibers, feeds, animals, or | 17 |
plants that the director of agriculture determines to be of the | 18 |
same nature, in either a natural or a processed state. | 19 |
"Agricultural commodity" does not include grain as defined in | 20 |
section 924.20 of the Revised Code. | 21 |
(B) "Distributor" means any person who sells, offers for | 22 |
sale, markets, or distributes an agricultural commodity | 23 |
that the person has purchased or acquired directly from a | 24 |
producer, or
| 25 |
producer. | 26 |
(C) "Handler" means any person who is in the business of | 27 |
packing, grading, selling, offering for sale, or marketing any | 28 |
agricultural commodity in commercial quantities as defined in a | 29 |
marketing program. | 30 |
(D)
"Marketing program" means a program | 31 |
established
by order of the director | 32 |
this chapter, to improve or expand the market for an agricultural | 33 |
commodity. | 34 |
(E) "Operating committee" means a committee established to | 35 |
administer a marketing program for an agricultural commodity. | 36 |
(F) "Person" means any natural person, partnership, | 37 |
corporation, society, association, or fiduciary. | 38 |
(G) "Processor" means any person who is in the business of | 39 |
grading, packaging, packing, canning, freezing, dehydrating, | 40 |
fermenting, distilling, extracting, preserving, grinding, | 41 |
crushing, juicing, or in any other way preserving or changing the | 42 |
form of any agricultural commodity. | 43 |
(H) "Producer" means any person who is in the business of | 44 |
producing, or causing to be produced, any agricultural commodity | 45 |
for commercial sale, except that when used in reference to nursery | 46 |
stock, "producer" also means a distributor, processor, handler, or | 47 |
retailer of nursery stock. | 48 |
Sec. 924.02. The director of agriculture, subject to | 49 |
50 | |
Code, shall do all of the following: | 51 |
(A) Establish procedures by which producers of Ohio | 52 |
agricultural commodities may propose, develop, and operate | 53 |
marketing programs to: | 54 |
(1) Promote the sale and use of their products; | 55 |
(2) Develop new uses and markets for such products; | 56 |
(3) Improve the methods of distributing such products to | 57 |
consumers; | 58 |
(4) Standardize the quality of such products for specific | 59 |
uses. | 60 |
(B) Adopt and enforce rules to put into effect the intent of | 61 |
sections 924.01 to 924.16 of the Revised Code; | 62 |
(C) Determine the eligibility of producers to participate in | 63 |
referendums and other procedures that may be required to establish | 64 |
marketing programs for agricultural commodities. | 65 |
Sec. 924.08. The director of agriculture shall monitor the | 66 |
actions of each operating committee to assure that: | 67 |
(A) Each marketing program is self-supporting | 68 |
(B) Each such committee keeps all records | 69 |
required for agencies of
the state | 70 |
(C) All program operations are in accord with: | 71 |
(1) The provisions of the marketing program; | 72 |
(2) | 73 |
(3) | 74 |
Code. | 75 |
(D) Administrative activities of each committee are | 76 |
coordinated with those of the department of agriculture. | 77 |
Sec. 924.09. (A) Each operating committee may make | 78 |
assessments upon the marketable agricultural commodity for which | 79 |
the marketing program was established. | 80 |
(B) No operating committee shall levy any assessment: | 81 |
(1) That was not approved by the producers affected by the | 82 |
program; | 83 |
(2)
That exceeds two cents per bushel of corn | 84 |
85 | |
agricultural commodity during the preceding marketing year as | 86 |
defined for the commodity by the United States department of | 87 |
agriculture or, if there is no such definition, by the director of | 88 |
agriculture; | 89 |
(3) Against any producer who is not eligible to vote in a | 90 |
referendum for the marketing program that the operating committee | 91 |
administers. | 92 |
(C) The director | 93 |
processor, distributor, or handler of an agricultural commodity | 94 |
for which a marketing program has been established under sections | 95 |
924.01 to 924.16 of the Revised Code to withhold assessments from | 96 |
any amounts that the producer, processor, distributor, or handler | 97 |
owes to producers of the commodity and, notwithstanding division | 98 |
(B)(3) of this section, to remit them to the director. Any | 99 |
processor, distributor, or handler who pays for any producer any | 100 |
assessment that is levied under authority of this section may | 101 |
deduct the amount of the assessment from any moneys that the | 102 |
processor, distributor, or handler owes to the producer. | 103 |
(D) No operating committee shall use any assessments that it | 104 |
levies for any political or legislative purpose, or for | 105 |
preferential treatment of one person to the detriment of any other | 106 |
person affected by the marketing program. | 107 |
(E) The operating committee of each marketing program shall | 108 |
refund to a producer the assessments that it collects from the | 109 |
producer not later than sixty days after receipt of a valid | 110 |
application by the producer for a refund, provided that the | 111 |
producer complies with the procedures for a refund that were | 112 |
included in the program under division (B)(3) of section 924.04 of | 113 |
the Revised Code. | 114 |
In the case of the state beef marketing program, in lieu of | 115 |
giving a refund to a producer, the director of the program's | 116 |
operating committee may forward the refund to the cattlemen's beef | 117 |
promotion and research board pursuant to the "Beef Promotion and | 118 |
Research Act," 99 Stat. 1597 (1985), 7 U.S.C.A. 2901, and | 119 |
amendments thereto, and shall credit that amount to the total | 120 |
amount owed by the producer to the federal beef program. Each | 121 |
application for a refund of assessments levied for a program | 122 |
established after April 10, 1985 shall be made on a form provided | 123 |
by the director of agriculture. Each operating committee for such | 124 |
a program shall ensure that refund forms are available where | 125 |
assessments for its program are withheld. | 126 |
Sec. 924.20. As used in sections 924.20 to 924.30 of the | 127 |
Revised Code: | 128 |
(A) "Grain" means wheat, barley, rye, or oats. | 129 |
(B) "Handler" means a person who is in the business of | 130 |
agricultural commodity handling, as defined in section 926.01 of | 131 |
the Revised Code, of grain. | 132 |
(C) "Producer" means a person who is in the business of | 133 |
producing, or causing to be produced, grain for commercial sale. | 134 |
(D) "Rule" means a rule adopted under section 924.25 of the | 135 |
Revised Code. | 136 |
Sec. 924.21. There is hereby established a grain marketing | 137 |
program. The program shall be administered in accordance with | 138 |
sections 924.20 to 924.30 of the Revised Code and rules. | 139 |
Sec. 924.22. (A) For the purposes of sections 924.20 to | 140 |
924.30 of the Revised Code, the director of agriculture shall hold | 141 |
an election to determine the membership of a grain marketing | 142 |
program operating committee in accordance with rules. The election | 143 |
shall be for nine members of the operating committee. | 144 |
(B) Not later than one hundred twenty days after the | 145 |
effective date of this section, the director shall accept the | 146 |
names of persons as nominees to serve on the operating committee. | 147 |
In accepting nominations and placing names on the ballot, the | 148 |
director shall follow the procedures established in rules. | 149 |
(C) Not later than one hundred eighty days after the | 150 |
effective date of this section, the director shall hold an | 151 |
election to determine the membership of the operating committee. | 152 |
In the election, eligible producers may cast votes in person at or | 153 |
mail ballots to polling places designated by the director. The | 154 |
director shall establish a three-day period during which eligible | 155 |
producers may vote in person during normal business hours at the | 156 |
designated polling places. The director or another appropriate | 157 |
person shall send a ballot by ordinary first-class mail to an | 158 |
eligible producer who requests one by calling the toll-free | 159 |
telephone number or submitting the ballot request form provided | 160 |
for in division (D) of this section, by calling one of the | 161 |
designated polling places, or by any additional method that the | 162 |
director may provide. A ballot returned by mail is not valid if it | 163 |
is postmarked later than the third day of the election period | 164 |
established by the director. | 165 |
(D) For the purposes of an election of members of the grain | 166 |
marketing program operating committee, the director shall cause a | 167 |
ballot request form to be published at least thirty days before | 168 |
the beginning of the election period established in accordance | 169 |
with division (C) of this section in at least two appropriate | 170 |
periodicals designated by the director and shall make the form | 171 |
available for reproduction to any interested group or association. | 172 |
The director also shall provide a toll-free telephone number that | 173 |
producers may call to request a ballot. | 174 |
(E) Following the election of the initial members of the | 175 |
operating committee, the director shall hold subsequent elections | 176 |
in order to maintain the membership of the operating committee as | 177 |
provided in rules. The elections shall be held in the manner | 178 |
established in this section and rules for the election of initial | 179 |
members. | 180 |
(F) Persons elected to the grain marketing program operating | 181 |
committee shall hold office in accordance with rules. | 182 |
Sec. 924.23. (A) The grain marketing program operating | 183 |
committee shall hold at least one meeting per quarter each year. | 184 |
The members of the operating committee annually shall select | 185 |
officers, including a chairperson and a vice-chairperson. | 186 |
(B) A majority of the members of the operating committee | 187 |
constitutes a quorum. A majority of concurring votes is required | 188 |
to pass a motion or approve any operating committee action. | 189 |
(C) The director of agriculture, or the director's designee, | 190 |
is an ex-officio voting member of the operating committee. | 191 |
(D) Each member of the operating committee, except the | 192 |
director or the director's designee, is entitled to actual and | 193 |
necessary travel and incidental expenses while attending meetings | 194 |
of the committee or while engaged in the performance of official | 195 |
responsibilities as a member of the committee. | 196 |
(E) A member or employee of the operating committee is not | 197 |
civilly liable for any actions taken in good faith as a member or | 198 |
employee, as applicable, of the committee. | 199 |
Sec. 924.24. (A) The grain marketing program operating | 200 |
committee shall do all of the following: | 201 |
(1) Hire personnel and contract for services that are | 202 |
necessary for the operation of the grain marketing program; | 203 |
(2) Promote the sale of grain for the purpose of maintaining | 204 |
and expanding present markets and creating new and larger | 205 |
intrastate, interstate, and foreign markets for grain, and inform | 206 |
the public of the uses and benefits of grain; | 207 |
(3) Establish requirements and procedures for the collection | 208 |
of assessments that the operating committee is required to levy | 209 |
under section 924.26 of the Revised Code, including the method and | 210 |
frequency of collection; | 211 |
(4) Establish procedures to be used by a person who wishes to | 212 |
file for a refund of the person's assessment that is levied under | 213 |
section 924.26 of the Revised Code; | 214 |
(5) Perform all acts and exercise all powers incidental to, | 215 |
in connection with, or considered reasonably necessary, proper, or | 216 |
advisable to effectuate the purposes of sections 924.20 to 924.30 | 217 |
of the Revised Code. | 218 |
(B) The operating committee may do any or all of the | 219 |
following: | 220 |
(1) Conduct, and contract with others to conduct, research, | 221 |
including the study, analysis, dissemination, and accumulation of | 222 |
information obtained from the research or elsewhere, concerning | 223 |
the marketing and distribution of grain, the storage, processing, | 224 |
and transportation of grain, and the production and product | 225 |
development of grain; | 226 |
(2) Provide the wholesale and retail grain trade with | 227 |
information relative to proper methods of handling and selling | 228 |
grain; | 229 |
(3) Conduct, and contract with others to conduct, market | 230 |
surveys and analyses, undertake any other similar activities that | 231 |
it determines are appropriate for the maintenance and expansion of | 232 |
present markets and the creation of new and larger markets for | 233 |
grain, and enter into contracts, in the name of the committee, to | 234 |
render service in formulating and conducting plans and programs | 235 |
and other contracts or agreements that the committee considers | 236 |
necessary for the promotion of the sale of grain; | 237 |
(4) Publish and distribute to producers and others | 238 |
information relating to the grain industry; | 239 |
(5) Propose to the director of agriculture rules that are | 240 |
necessary for the exercise of its powers and the performance of | 241 |
its duties; | 242 |
(6) Establish priorities and prepare and approve a budget | 243 |
consistent with estimated resources and the scope of the grain | 244 |
marketing program; | 245 |
(7) Receive and investigate, or cause to be investigated, | 246 |
complaints concerning and violations of the grain marketing | 247 |
program. The operating committee shall refer any violations to the | 248 |
director for action under section 924.29 of the Revised Code. | 249 |
Sec. 924.25. (A) The director of agriculture shall monitor | 250 |
the activities of the grain marketing program operating committee | 251 |
to ensure all of the following: | 252 |
(1) The grain marketing program is self-supporting. | 253 |
(2) The operating committee keeps all records that are | 254 |
required for agencies of the state. | 255 |
(3) The program's operations comply with all of the | 256 |
following: | 257 |
(a) The provisions of the program; | 258 |
(b) Rules; | 259 |
(c) Sections 924.20 to 924.30 of the Revised Code. | 260 |
(4) Administrative activities of the committee are | 261 |
coordinated with those of the department of agriculture. | 262 |
(B) Not later than ninety days after the effective date of | 263 |
this section, the director shall adopt rules in accordance with | 264 |
Chapter 119. of the Revised Code that are necessary to carry out | 265 |
the purposes of sections 924.20 to 924.30 of the Revised Code. The | 266 |
rules shall include all of the following: | 267 |
(1) Deadlines and nomination procedures for the placement of | 268 |
persons on the ballot for election to the grain marketing program | 269 |
operating committee; | 270 |
(2) The terms of office of members of the operating | 271 |
committee, including the staggering of terms for the initial | 272 |
members; | 273 |
(3) Insofar as possible, requirements providing for the | 274 |
equitable distribution of members on the operating committee by | 275 |
geographic and production areas of the state. | 276 |
Sec. 924.26. (A) The grain marketing program operating | 277 |
committee shall levy on producers and, as provided in division (B) | 278 |
of this section, handlers the following assessments, as | 279 |
applicable: | 280 |
(1) One-half of one per cent of the per-bushel price of wheat | 281 |
at the first point of sale; | 282 |
(2) One-half of one per cent of the per-bushel price of | 283 |
barley at the first point of sale; | 284 |
(3) One-half of one per cent of the per-bushel price of rye | 285 |
at the first point of sale; | 286 |
(4) One-half of one per cent of the per-bushel price of oats | 287 |
at the first point of sale. | 288 |
(B) The director may require a handler to withhold | 289 |
assessments from any amounts that the handler owes to producers | 290 |
and to remit them to the director. A handler who pays for a | 291 |
producer an assessment that is levied under this section may | 292 |
deduct the amount of the assessment from any money that the | 293 |
handler owes to the producer. | 294 |
(C) The operating committee shall deposit all money collected | 295 |
under this section with a bank or savings and loan association as | 296 |
defined in sections 1101.01 and 1151.01 of the Revised Code. All | 297 |
money so collected and deposited shall be used only for defraying | 298 |
the costs of administration of the marketing program and for | 299 |
carrying out sections 924.20 to 924.30 of the Revised Code. The | 300 |
operating committee shall not use any assessments that it levies | 301 |
for any political or legislative purpose or for preferential | 302 |
treatment of one person to the detriment of any other person | 303 |
affected by the grain marketing program. | 304 |
(D) The operating committee shall refund to a producer the | 305 |
assessments that it collects from the producer not later than | 306 |
thirty days after receipt of a valid application by the producer | 307 |
for a refund, provided that the producer complies with the | 308 |
procedures for a refund established by the committee under section | 309 |
924.24 of the Revised Code. | 310 |
An application for a refund shall be made on a form provided | 311 |
by the director. The operating committee shall ensure that refund | 312 |
forms are available where assessments for the grain marketing | 313 |
program are collected. | 314 |
Sec. 924.27. (A) The grain marketing program operating | 315 |
committee shall establish a fiscal year for the grain marketing | 316 |
program. Within sixty days of the end of each fiscal year, the | 317 |
operating committee shall publish an activity and financial report | 318 |
and make the report available to each producer who pays the | 319 |
assessment levied under section 924.26 of the Revised Code or | 320 |
otherwise contributes to the program and to other interested | 321 |
persons. | 322 |
(B) In addition to the reports required by division (A) of | 323 |
this section, the operating committee shall submit to the director | 324 |
of agriculture both of the following: | 325 |
(1) An annual financial statement prepared by a certified | 326 |
public accountant holding a permit issued by the accountancy board | 327 |
under Chapter 4701. of the Revised Code. The operating committee | 328 |
shall file the financial statement with the director not more than | 329 |
sixty days after the end of each fiscal year. | 330 |
(2) A monthly unaudited financial statement. | 331 |
Sec. 924.28. The grain marketing program may be suspended or | 332 |
terminated in the same manner in which other marketing programs | 333 |
are suspended or terminated under sections 924.12 and 924.13 of | 334 |
the Revised Code. | 335 |
Sec. 924.29. The director of agriculture may institute an | 336 |
action at law or in equity that appears necessary to enforce | 337 |
compliance with sections 924.20 to 924.30 of the Revised Code, | 338 |
rules, or the grain marketing program that is established in | 339 |
compliance with those sections and rules. | 340 |
Sec. 924.30. (A) No person shall knowingly fail or refuse to | 341 |
withhold or remit an assessment levied under section 924.26 of the | 342 |
Revised Code. | 343 |
(B) Before instituting an enforcement action for a violation | 344 |
of this section, the director of agriculture shall give the | 345 |
alleged violator an opportunity to present the alleged violator's | 346 |
views to the director as to why the action should not be | 347 |
instituted. | 348 |
Sec. 924.99. Whoever violates division (A) of section 924.16 | 349 |
or of section 924.30 of the Revised Code is guilty of a | 350 |
misdemeanor of the fourth degree. | 351 |
Sec. 3717.53. (A) As used in this section: | 352 |
(1) "Food nutrition information" includes the caloric, fat, | 353 |
carbohydrate, cholesterol, fiber, sugar, potassium, protein, | 354 |
vitamin, mineral, and sodium content of food. | 355 |
(2) "Political subdivision" and "local legislation" have the | 356 |
same meanings as in section 905.501 of the Revised Code. | 357 |
(B) The director of agriculture has sole and exclusive | 358 |
authority in this state to regulate the provision of food | 359 |
nutrition information at food service operations. The director may | 360 |
adopt rules for that purpose in accordance with Chapter 119. of | 361 |
the Revised Code, including rules that establish a schedule of | 362 |
civil penalties for violations of this section and rules adopted | 363 |
under it. Subject to the approval of the joint committee on agency | 364 |
rule review, portions of the rules may be adopted by referencing | 365 |
all or any part of any federal regulations pertaining to the | 366 |
provision of food nutrition information. | 367 |
The regulation of the provision of food nutrition information | 368 |
at food service operations is a matter of general statewide | 369 |
interest that requires statewide regulation, and rules adopted | 370 |
under this section constitute a comprehensive plan with respect to | 371 |
all aspects of the regulation of the provision of food nutrition | 372 |
information at food service operations in this state. Rules | 373 |
adopted under this section shall be applied uniformly throughout | 374 |
this state. | 375 |
(C) No political subdivision shall enact, adopt, or continue | 376 |
in effect local legislation relating to the provision of food | 377 |
nutrition information at food service operations. | 378 |
Section 2. That existing sections 924.01, 924.02, 924.08, | 379 |
924.09, and 924.99 of the Revised Code are hereby repealed. | 380 |
Section 3. In fiscal year 2009, up to $200,000 from a | 381 |
non-General Revenue Fund source to be determined by the Director | 382 |
of Development, shall be used for the Ohio BioProducts | 383 |
Innovation Center to conduct a material flow study, which shall | 384 |
examine biobased resources in Ohio and the flow of materials | 385 |
through the chain of harvesting, refining, and production of a | 386 |
commercialized product; and up to $350,000 from a non-General | 387 |
Revenue Fund source to be determined by the Director of | 388 |
Development shall be used for the Ohio BioProducts Innovation | 389 |
Center to conduct a techno-economic analysis to determine the | 390 |
economic feasibility of using bioderived chemicals over | 391 |
petroleum-derived or other types of chemicals in the polymer | 392 |
industry. | 393 |
Section 4. The sections of law contained in Sections 3 and 4 | 394 |
of this act, and the items of which they are composed, are not | 395 |
subject to the referendum. Therefore, under Ohio Constitution, | 396 |
Article II, Section 1d and section 1.471 of the Revised Code, | 397 |
the sections of law contained in Sections 3 and 4 of this act and | 398 |
the items of which they are composed go into immediate effect | 399 |
when this act becomes law. | 400 |