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|
As Passed by the Senate
123rd General Assembly
Regular Session
1999-2000 | Sub. H. B. No. 645 |
REPRESENTATIVES VESPER-HARRIS-TERWILLEGER-HOOPS-
WIDENER-STEVENS-HOLLISTER-ASLANIDES-BUCHY-GOODING-
GRENDELL-PETERSON-REDFERN-WILLAMOWSKI-DISTEL-TIBERI-
WILSON-A. CORE-OGG-VERICH-AUSTRIA-BARNES-MEAD-ROMAN-
NETZLEY-
SENATORS LATTA-DRAKE-FINGERHUT-WHITE-CARNES-
MUMPER-NEIN-GARDNER-SPADA-HAGAN-KEARNS
A BILL
To amend sections 917.23, 918.02, 918.04, 918.08, 918.22, 918.25,
918.28, 921.02, 921.021, 921.06, 921.07, 921.08, 921.09, 921.10,
921.12, 921.13, 921.16, 924.52, 926.18, 926.20, and 1327.50 and to enact
sections
924.521 and 926.141 of the Revised Code to revise the statutes governing
agriculture.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 917.23, 918.02, 918.04, 918.08, 918.22,
918.25, 918.28, 921.02, 921.021, 921.06, 921.07, 921.08, 921.09,
921.10, 921.12, 921.13, 921.16, 924.52, 926.18, 926.20,
and 1327.50 be amended and sections 924.521 and 926.141 of the Revised Code be
enacted to read as follows:
Sec. 917.23. (A) With respect to
cooling and storage of manufacture milk, a manufacture milk
producer shall do one of the following:
(1) In the case of manufacture milk that is stored in
cans on the manufacture milk producer's farm, cool the milk to
and store it at a temperature of sixty degrees
fahrenheit, sixteen degrees
celsius, or lower within
two hours after completion of the milking;
(2) In the case of all other manufacture milk that is
stored on the manufacture milk producer's farm, cool the milk
and store it in accordance with rules adopted by the director of agriculture
pursuant to section 917.02 of the
Revised
Code.
(B) Manufacture milk
stored in accordance with division
(A)(1) of this section shall be
used exclusively in the manufacture of cheese. The by-products
created from the manufacture of cheese may be used to
manufacture butter and dried whey products.
(C) This section does
not apply to raw milk that is delivered to a manufacture milk
plant not later than two hours after completion of
milking.
Sec. 918.02. (A) The director of agriculture, or his THE
DIRECTOR'S designee, shall provide ante-mortem inspections of all animals
slaughtered at establishments licensed under division (A) of section 918.08 of
the Revised Code where and to the extent he THE DIRECTOR
considers it necessary. If, upon
inspection, symptoms of disease or other abnormal conditions
which THAT would render the animals unfit for human food are
found,
those animals shall be retained or permanently and conspicuously
identified with an official mark indicating they have been
condemned and shall be disposed of in a manner prescribed by the
director.
(B) The director shall provide post-mortem inspection to
the extent he THE DIRECTOR considers necessary of all animals
for human food in establishments licensed under division (A) of section 918.08
of the Revised Code. The head, tongue, tail, viscera, and other
parts, and blood used in the preparation of meat products or
medicinal products shall be retained in such a manner as to
preserve their identity until the post-mortem examination has
been completed. Wholesome carcasses shall be identified with an
official mark indicating they have been approved. Each
unwholesome carcass shall be marked conspicuously by the
inspector at the time of inspection with an official mark
indicating the carcass has been condemned;, and all carcasses
and parts
thereof thus inspected and condemned shall be destroyed for food
purposes by the establishment in the presence of an inspector.
If any carcass or any part thereof, upon examination and
inspection subsequent to the first examination and inspection, is
found to be adulterated, it shall be destroyed for food purposes
by the establishment in the presence of an inspector. All
unborn or stillborn animals shall be condemned. Carcasses of
animals that have died by means other than slaughter shall not
be brought into any room in which meat products are processed,
handled, or stored.
(C) The director shall provide inspection of all
processing operations at establishments licensed under division
(A) of section 918.08 of the Revised Code where animal carcasses,
parts thereof, or meat products may be brought in and further
treated and prepared, and shall provide inspection and
supervision in processing departments to ensure that controls are
effective at all times.
(D) Establishments licensed under section 918.08 of the
Revised Code shall furnish satisfactory facilities and assistance
for ante-mortem and post-mortem inspections as required by the
director. The director may require operations at the establishments to be
conducted during reasonable hours. Licensees
shall inform the director in advance of intended hours of
operation. When one inspector is assigned to make inspections at
two or more establishments where few animals are slaughtered, or
where small quantities of meat products are prepared, the
director may designate the hours of the day and the days of the
week during which the establishment may be operated. No person
shall deny access to any authorized inspector upon the
presentation of proper identification at any reasonable time to
such establishments and to records pertaining to the source and
sale of carcasses and meat products.
THE DIRECTOR SHALL ADOPT RULES
IN ACCORDANCE WITH CHAPTER 119.
of the Revised Code ESTABLISHING THE RATE AT WHICH AN ESTABLISHMENT SHALL REIMBURSE THE
DIVISION
OF
MEAT INSPECTION FOR INSPECTION SERVICES OF MORE THAN EIGHT HOURS IN ANY GIVEN
DAY, OF MORE THAN FORTY HOURS IN ANY GIVEN WEEK SUNDAY THROUGH
SATURDAY, OR ON ANY HOLIDAY AS SPECIFIED IN DIVISION (A) OF
SECTION 124.19 of the Revised Code.
(E) The director may limit the entry of animals, animal
carcasses, or parts thereof, meat food products, and other
materials into any establishment at which inspection is
maintained under Chapter 918. of the Revised Code, THIS CHAPTER
to ensure that
allowing the entry of such articles into such inspected
establishments will be consistent with the purposes of this
chapter.
(F) All carcasses, parts thereof, and meat products
inspected at any establishment under the authority of this
chapter and found to be not adulterated, at the time they
leave the establishment, shall bear, in distinctly legible forms directly
theron or on their containers, appropriate labeling as
the director may require in accordance with rules adopted under this chapter.
No article subject to this
chapter shall be sold or offered for sale by any person, under
any names or labeling that is false or misleading.
(G) The director shall adopt and enforce
sanitation rules pursuant to this chapter,
under which such establishments shall be maintained. Where the
sanitary conditions of any such establishment are such that the
meat product is rendered adulterated, the product shall be
retained and not allowed to be labeled with an official mark.
THE RULES PERTAINING TO SANITARY CONDITIONS SHALL CONFORM WITH THE
SANITATION STANDARD OPERATING PROCEDURES ESTABLISHED IN TITLE 9 OF
THE CODE OF FEDERAL REGULATIONS AND SHALL REQUIRE
THAT AN ESTABLISHMENT BE EVALUATED BY DETERMINING ITS COMPLIANCE WITH THOSE
PROCEDURES. IN ADDITION, THE RULES SHALL REQUIRE THAT IF AN ESTABLISHMENT
DOES NOT HAVE A PLAN FOR A PARTICULAR PRODUCTION PROCESS UNDER ITS HAZARD
ANALYSIS CRITICAL CONTROL POINT SYSTEM AS REQUIRED IN RULES, THE MEAT PRODUCT
OF THE PROCESS MAY BE CONSIDERED TO BE ADULTERATED AND SHALL BE RETAINED
PENDING A PRODUCTION PROCESS REVIEW AND NOT ALLOWED TO BE LABELED WITH AN
OFFICIAL MARK.
Sec. 918.04. The director of agriculture shall, in accordance with Chapter
119. of the Revised Code, adopt, promulgate, and enforce regulations
as RULES THAT are
necessary to administer sections 918.01 to 918.11, inclusive, of the
Revised
Code. THE RULES SHALL MEET OR EXCEED THE FEDERAL STANDARDS FOR MEAT
INSPECTION ESTABLISHED IN TITLE 9 OF THE CODE OF
FEDERAL REGULATIONS.
Sec. 918.08. (A) Except as provided in division (E) of this section, no
person shall operate an establishment
without first licensing the establishment with the department
of agriculture. The owner of an establishment desiring
a license with the department may make
application therefor on forms provided by the department. If
after inspection the director of agriculture finds that an
establishment is in compliance with this chapter, he THE
DIRECTOR shall notify the owner of the establishment and, upon
receipt of the required license fee, the establishment
shall be permitted to operate. The license shall expire
annually on the thirty-first day of March and shall be renewed
according to the standard renewal procedure of sections 4745.01
to 4745.03 of the Revised Code.
(B) The annual license fee for each establishment, or
a renewal thereof, is fifty dollars. All fees collected under this section
shall be deposited into the poultry and meat products fund created in section
918.15 of the Revised Code.
(C) If the director determines that an establishment
licensed under division (A) of this section is operating in
violation of this chapter or the rules adopted thereunder, he THE
DIRECTOR shall notify the licensee in
writing of the violation and give the licensee ten days from
the date of notice to cease or correct the violation. If
the violation continues after the expiration of the ten-day
period, the director may withdraw inspection and order the establishment to
cease those operations subject to this chapter. Any such order and the
appeal therefrom shall be governed by Chapter 119. of the Revised Code.
(D) IF AN INSPECTOR DETERMINES THAT AN ESTABLISHMENT LICENSED UNDER
DIVISION (A) OF THIS SECTION IS OPERATING IN VIOLATION OF SECTIONS
918.01 TO 918.12 of the Revised Code AND RULES ADOPTED UNDER THOSE SECTIONS, THE INSPECTOR
SHALL NOTIFY THE LICENSEE IN WRITING OF THE VIOLATION. THE INSPECTOR
IMMEDIATELY MAY IMPOSE PROGRESSIVE ENFORCEMENT ACTIONS, INCLUDING WITHHOLDING
THE MARK OF INSPECTION, SUSPENSION OF INSPECTION, AND SUSPENSION OF INSPECTION
HELD IN ABEYANCE. THE PROGRESSIVE ENFORCEMENT ACTIONS MAY BE TAKEN PRIOR TO
AFFORDING THE LICENSEE AN OPPORTUNITY FOR A HEARING. AS AUTHORIZED IN
DIVISION (C) OF SECTION 119.06 of the Revised Code, A DECISION TO IMPOSE AN
ENFORCEMENT ACTION IS IMMEDIATELY APPEALABLE TO A HIGHER AUTHORITY WITHIN THE
DEPARTMENT WHO IS CLASSIFIED BY THE DIRECTOR AS A DISTRICT SUPERVISOR AND WHO
IS DESIGNATED BY THE DIRECTOR TO HEAR THE APPEAL. IF THE DISTRICT SUPERVISOR
AFFIRMS THE ENFORCEMENT ACTION OF THE INSPECTOR, THE LICENSEE MAY APPEAL THE
ENFORCEMENT ACTION IN ACCORDANCE WITH CHAPTER 119. of the Revised Code.
AS USED IN THIS DIVISION, "SUSPENSION OF INSPECTION HELD IN ABEYANCE" MEANS
A PERIOD OF TIME DURING WHICH A SUSPENSION OF INSPECTION IS LIFTED BECAUSE AN
ESTABLISHMENT HAS PRESENTED THE DIRECTOR WITH A CORRECTIVE ACTION PLAN THAT,
IF IMPLEMENTED PROPERLY, WOULD BRING THE ESTABLISHMENT INTO COMPLIANCE WITH
THIS CHAPTER.
(E) If in the opinion of the director the establishment is being
operated under such insanitary conditions as to be a hazard to public health,
OR IF THE DIRECTOR DETERMINES THAT AN ESTABLISHMENT IS NOT IN COMPLIANCE
WITH ITS HAZARD ANALYSIS CRITICAL CONTROL POINT SYSTEM AS REQUIRED BY
RULES, the director may condemn or retain the product
on hand and immediately withdraw inspection from the
establishment until the insanitary conditions are
corrected OR UNTIL THE ESTABLISHMENT IS IN COMPLIANCE WITH ITS HAZARD
ANALYSIS CRITICAL CONTROL POINT SYSTEM, AS APPLICABLE.
(E)(F) Any person operating an establishment as defined in
section 918.01 of the
Revised Code who also operates on the same premises an establishment as
defined in section 918.21 of the Revised Code shall apply either for licensure
under section 918.08 of the Revised Code or for licensure under section 918.28
of the Revised Code, but not for both, as the director shall determine.
Sec. 918.22. (A) The director of agriculture shall
provide inspection and supervision of all processing operations
at establishments licensed under section 918.28 of the Revised
Code and make ante-mortem inspections of poultry to the extent he
THE DIRECTOR considers necessary to assure a wholesome product.
Whenever processing operations are being conducted, the
director shall make post-mortem inspection of the carcass of each
bird processed at such establishment, and at any time may order
such quarantine, segregation, retention, or reinspection as is
determined necessary of poultry and poultry products capable of
use as human food. If, upon inspection, symptoms of disease or
other conditions are found which THAT would render the poultry
or
poultry products unwholesome or unfit for human food, such
poultry or poultry products shall be condemned, identified, and
disposed of as required by regulations RULES adopted under
section
918.25 of the Revised Code.
(B) Establishments licensed under section 918.28 of the
Revised Code shall:
(1) Furnish satisfactory facilities and assistance for
inspectors as required by the director;
(2) Operate such establishments during reasonable hours;
(3) Keep the director informed in advance of intended
hours of operation;
(4) Accept times of operation as designated by the
director when the volume processed at a plant is so small as to
require only a part-time inspector to be on duty at the plant;
(5) REIMBURSE THE DIVISION OF MEAT INSPECTION FOR INSPECTION SERVICES OF
MORE THAN EIGHT HOURS IN ANY GIVEN DAY, OF MORE THAN FORTY HOURS IN ANY GIVEN
WEEK SUNDAY THROUGH SATURDAY, OR ON ANY HOLIDAY AS SPECIFIED
IN DIVISION (A) OF SECTION 124.19 of the Revised Code AT A RATE ESTABLISHED IN RULES
ADOPTED BY THE DIRECTOR UNDER CHAPTER 119. of the Revised Code.
Sec. 918.25. The director of agriculture shall, subject to
IN ACCORDANCE WITH Chapter 119. of the Revised Code, promulgate,
adopt, and enforce
regulations RULES as necessary for the implementation,
administration,
and enforcement of sections 918.21 to 918.31, inclusive, of the
Revised Code. Such regulations THE RULES SHALL MEET OR EXCEED THE
FEDERAL STANDARDS FOR MEAT INSPECTION ESTABLISHED IN TITLE 9 OF THE
CODE OF FEDERAL REGULATIONS. THE RULES ADOPTED
UNDER
THIS SECTION shall provide for the
protection
of the public health, safety, and welfare and for maximum
coordination and cooperation between state and federal programs
for regulation of poultry and poultry products, and may include
the following:
(A) Exemption of certain products as "poultry products"
under the definition in section 918.21 of the Revised Code;
(B) Provision for the retention, identification, and
disposal of condemned poultry and poultry products and for the
identification of approved products;
(C) Sanitary requirements for premises, facilities, and
equipment, for the operation thereof, and for the storage and
handling of poultry and poultry products in establishments
licensed under section 918.28 of the Revised Code;.
THE RULES PERTAINING TO SANITARY CONDITIONS SHALL CONFORM WITH THE
SANITATION STANDARD OPERATING PROCEDURES IN TITLE 9 OF THE
CODE OF FEDERAL REGULATIONS AND SHALL REQUIRE THAT
AN ESTABLISHMENT BE EVALUATED BY DETERMINING ITS COMPLIANCE WITH THOSE
PROCEDURES.
(D) Requirements for maintenance of records under section
918.24 of the Revised Code;
(E) Procedures for application and licensing, and the
revocation and suspension of licenses;
(F) Requirements for marking and attaching the information
required by section 918.31 of the Revised Code, including
specific styles, legibility and size of type, method of affixing,
variations, and exemptions;
(G) Such other regulations RULES as are necessary for
THE proper
administration, implementation, and enforcement of sections 918.21
to 918.31, inclusive, of the Revised Code, INCLUDING RULES
REQUIRING THAT AN INSPECTION OF AN ESTABLISHMENT'S SLAUGHTER AND PROCESSING
OPERATIONS BE CONDUCTED IN ACCORDANCE WITH THE ESTABLISHMENT'S HAZARD ANALYSIS
CRITICAL CONTROL POINT SYSTEM. IN ADDITION, THE RULES SHALL REQUIRE THAT IF
AN ESTABLISHMENT DOES NOT HAVE A PLAN FOR A PARTICULAR PRODUCTION PROCESS
UNDER ITS HAZARD ANALYSIS CRITICAL CONTROL POINT SYSTEM AS REQUIRED IN RULES,
THE POULTRY PRODUCT OF THE PROCESS MAY BE CONSIDERED TO BE ADULTERATED AND
SHALL BE RETAINED PENDING A PRODUCTION PROCESS REVIEW AND NOT ALLOWED TO BE
LABELED WITH AN OFFICIAL MARK.
Sec. 918.28. (A) Except as provided in division (E)(F) of
section 918.08 of the
Revised Code, application for a license to operate an establishment shall be
made to the director of agriculture on forms provided by the department. The
director shall inspect the establishment and if, upon inspection, the
establishment is found to be in compliance with sections 918.21 to 918.31 of
the Revised Code, and rules promulgated thereunder ADOPTED UNDER
IT, the director shall so
notify the owner of the establishment and, upon receipt of the annual license
fee of fifty dollars, shall issue him THE OWNER a license. The
license shall expire on the thirty-first day of March of each year and shall
be renewed according to the standard renewal procedures of sections 4745.01 to
4745.03 of the Revised Code.
(B) If the director determines that an establishment licensed under this
section is operating in violation of sections 918.21 to 918.31 of the Revised
Code, or a rule or order ADOPTED OR made under authority thereof,
he THE
DIRECTOR shall notify the licensee in writing of the violation, giving
him THE LICENSEE ten days from the date of the notice to correct
the conditions causing the violation. If the conditions are not corrected
within the ten-day period, the director may revoke or suspend the license in
conformance ACCORDANCE with Chapter 119. of the Revised Code.
(C) IF AN INSPECTOR DETERMINES THAT AN ESTABLISHMENT LICENSED
UNDER DIVISION (A) OF THIS SECTION IS OPERATING IN VIOLATION OF
SECTIONS 918.21 TO 918.31 of the Revised Code AND RULES ADOPTED UNDER THOSE SECTIONS, THE
INSPECTOR SHALL NOTIFY THE LICENSEE IN WRITING OF THE VIOLATION. THE
INSPECTOR IMMEDIATELY MAY IMPOSE PROGRESSIVE ENFORCEMENT ACTIONS, INCLUDING
WITHHOLDING THE MARK OF INSPECTION, SUSPENSION OF INSPECTION, AND SUSPENSION
OF INSPECTION HELD IN ABEYANCE. THE PROGRESSIVE ENFORCEMENT ACTIONS MAY BE
TAKEN PRIOR TO AFFORDING THE LICENSEE AN OPPORTUNITY FOR A HEARING. AS
AUTHORIZED IN DIVISION (C) OF SECTION 119.06 of the Revised Code, A DECISION TO
IMPOSE AN ENFORCEMENT ACTION IS IMMEDIATELY APPEALABLE TO A HIGHER AUTHORITY
WITHIN THE DEPARTMENT WHO IS CLASSIFIED BY THE DIRECTOR AS A DISTRICT
SUPERVISOR AND WHO IS DESIGNATED BY THE DIRECTOR TO HEAR THE APPEAL. IF THE
DISTRICT SUPERVISOR AFFIRMS THE ENFORCEMENT ACTION OF THE INSPECTOR, THE
LICENSEE MAY APPEAL THE ENFORCEMENT ACTION IN ACCORDANCE WITH CHAPTER
119. of the Revised Code.
AS USED IN THIS DIVISION, "SUSPENSION OF INSPECTION HELD IN ABEYANCE" MEANS
A PERIOD OF TIME DURING WHICH A SUSPENSION OF INSPECTION IS LIFTED BECAUSE AN
ESTABLISHMENT AS PRESENTED THE DIRECTOR WITH A CORRECTIVE ACTION PLAN THAT,
IF IMPLEMENTED PROPERLY, WOULD BRING THE ESTABLISHMENT INTO COMPLIANCE WITH
THIS CHAPTER.
(D) If in the opinion of the director the establishment is being
operated under such insanitary conditions as to be a hazard to public health,
OR IF THE DIRECTOR DETERMINES THAT AN ESTABLISHMENT IS NOT IN COMPLIANCE
WITH ITS HAZARD ANALYSIS CRITICAL CONTROL POINT SYSTEM AS REQUIRED BY
RULES, the director
may condemn or retain the product on hand and immediately withdraw inspection
from the plant until such time as the insanitary conditions are corrected
OR UNTIL THE ESTABLISHMENT IS IN COMPLIANCE WITH ITS HAZARD ANALYSIS
CRITICAL CONTROL POINT SYSTEM, AS APPLICABLE.
Sec. 921.02. (A) Each pesticide that is distributed
within this state shall be registered with the director of
agriculture subject to sections 921.01 to 921.29 of the Revised Code. The
holder of the registration shall renew his registration
annually prior to the
first day of January and each registration expires on the thirty-first day of
December of any one year REGISTRATIONS SHALL BE ISSUED FOR A PERIOD OF
TIME ESTABLISHED BY RULE AND SHALL BE RENEWED IN ACCORDANCE WITH DEADLINES
ESTABLISHED BY RULE. Registration is not required if a pesticide is
shipped from one
plant or warehouse to another plant or warehouse operated by the
same person and used solely at that plant or warehouse as a
constituent part to make a pesticide which THAT is registered
under
sections 921.01 to 921.29 of the Revised Code, or if the pesticide is
distributed under the
provisions of an experimental use permit issued under section
921.03 of the Revised Code or an experimental use permit issued
by the United States environmental protection agency.
(B) The applicant for registration of a pesticide shall
file a statement with the director on a form provided by him THE
DIRECTOR,
which shall include all of the following:
(1) The name and address of the applicant and the name and
address of the person whose name will appear on the label, if
other than the applicant's name;
(2) The brand and product name of the pesticide;
(3) Any necessary information required for completion of
the department of agriculture's application for registration, including the
agency registration number;
(4) A complete copy of the labeling accompanying the
pesticide and a statement of all claims to be made for it,
including the directions for use and the use classification as
provided for in the federal act.
(C) The director, when he THE DIRECTOR considers it necessary
in the
administration of sections 921.01 to 921.29 of the Revised Code, may require
the submission of the
complete formula of any pesticide including the active and inert
ingredients.
(D) The director may require a full description of the
tests made and the results thereof upon which the claims are
based for any pesticide. The director shall not consider any data submitted
in support of an
application, without permission of the applicant,
in support of any other application
for registration unless the other applicant first has
offered to pay reasonable compensation for producing the test
data to be relied upon and the data are not protected from
disclosure by section 921.04 of the Revised Code. In the case of
a renewal of registration, a statement shall be required only
with respect to information which THAT is different from that
furnished when the pesticide was registered or last registered.
(E) The director may require any other information to be
submitted with an application.
Any applicant may designate any portion of the required
registration information as a trade secret or confidential
business information. Upon receipt of any required registration
information designated as a trade secret or confidential business
information, the director shall consider the designated
information as confidential and shall not reveal or cause to be
revealed any such designated information without the consent of
the applicants, except to persons directly involved in the
registration process described in this section or as required by
law.
(F) Each applicant shall pay an annual A registration and
inspection fee of fifty dollars PER YEAR for each product name and
brand
registered for the company whose name appears on the label. If
an applicant files FOR a renewal application OF
REGISTRATION after the thirty-first
day of January of any year THE DEADLINE ESTABLISHED BY RULE, the
applicant shall pay a
penalty fee of twenty-five dollars for each product name and
brand registered for the applicant. The penalty fee shall be
added to the original fee and paid before the renewal
registration is issued. In addition to any other remedy
available under sections 921.01 to 921.29 of the Revised Code, if a pesticide
that is not
registered pursuant to this section is distributed within this
state, the person required to register the pesticide shall do so
and shall pay a penalty fee of twenty-five dollars for each
product name and brand registered for the applicant. The penalty
fee shall be added to the original fee and paid before the
registration is issued.
(G) Provided THAT the state is certified by the administrator
of the United States environmental protection agency to register
pesticides to meet special local needs, the director shall
require the information set forth under divisions (B), (C), (D),
and (E) of this section and shall register any such pesticide if he
determines AFTER DETERMINING that all of the following conditions
are met:
(1) Its composition is such as to warrant the proposed
claims for it;.
(2) Its labeling and other material required to be
submitted comply with the requirements of the federal act and of
sections 921.01 to 921.29 of the Revised Code, and rules adopted
thereunder;.
(3) It will perform its intended function without
unreasonable adverse effects on the environment;.
(4) When used in accordance with widespread and commonly
recognized practice, it will not generally cause unreasonable
adverse effects on the environment;.
(5) The classification for general or restricted use is in
conformity with the federal act.
The director shall not make any lack of essentiality a
criterion for denying the registration of any pesticide. When two
pesticides meet the requirements of this division, he THE
DIRECTOR shall not
register one in preference to the other.
Sec. 921.021. (A) No person shall own or operate a
pesticide application business without obtaining a license for
each location owned or operated by him THE PERSON in the state
from the
director of agriculture. The license shall be renewed annually
prior to the first day of March and shall expire on the last day
of February
LICENSES SHALL BE ISSUED FOR A PERIOD OF TIME ESTABLISHED BY RULE AND SHALL
BE RENEWED IN ACCORDANCE WITH DEADLINES ESTABLISHED BY RULE.
(B) Any person who owns or operates a pesticide
application business outside of this state, but engages in the
business of applying pesticides to properties of another for hire
in this state, shall obtain a license for his THE PERSON'S
principal
out-of-state location from the director.
(C) The person applying for a pesticide application
business license shall file a statement with the director, on a
form provided by the director, which THAT shall include any
information that the director determines necessary and that he THE
DIRECTOR
requires by rule. Each applicant shall pay an annual A license
fee
of twenty dollars PER YEAR for each pesticide application business
license
he THE APPLICANT is required to obtain.
(D) The owner or operator of a pesticide application
business shall employ at least one licensed custom applicator for
each pesticide application business location he THE OWNER OR
OPERATOR owns or operates.
(E) The owner or operator of a pesticide application
business is responsible for the acts of each employee in the
handling, application, and use of pesticides. The pesticide
application business license is subject to denial, suspension, or
revocation after a hearing for any violation of sections 921.01
to 921.29 of the Revised Code, if it is determined that the owner
or operator ratified or knowingly or negligently permitted any
officer, employee, or agent to commit the violations. The
director also may levy against the owner or operator any civil
penalties authorized by division (B) of section 921.16 of the
Revised Code for any violation of sections 921.02 through TO
921.29
of the Revised Code for any violation of those sections committed
by the owner or operator or any officer, employee, or agent. For
purposes of this division, an owner or operator is deemed to have
ratified violations committed by any officer, employee, or agent
if collectively his THE officers, employees, or agents commit
three
violations of a high or moderate level of severity in accordance
with established department enforcement guidelines that relate
directly to the storage, preparation, handling, distribution, or
application of pesticides, or any violation involving fraud,
within a twenty-four-month period.
(F) The director may deny a pesticide application business
license to any current owner, operator, officer, or agent whose
pesticide application business license has been revoked within
the previous thirty-six months.
(G) The director shall adopt any rules necessary to
administer and enforce this section.
Sec. 921.06. (A) No individual shall act as or hold himself
ONESELF
out to the public as being a custom applicator without having a
custom applicator license ISSUED BY THE DIRECTOR OF AGRICULTURE. THE
INDIVIDUAL SHALL OBTAIN AN ADDITIONAL LICENSE for each pesticide
application business location for
which he THE INDIVIDUAL is the commercial applicator of record
or from which he works issued
by the director of agriculture.
LICENSES SHALL BE ISSUED FOR A PERIOD OF TIME ESTABLISHED BY RULE AND SHALL
BE RENEWED IN ACCORDANCE WITH DEADLINES ESTABLISHED BY RULE.
The annual fee for each such license is one
hundred dollars PER YEAR to be
submitted with the application. If a license is not issued or
renewed, the application fee shall be retained by the state as
payment for reasonable expense of processing the application. The director
shall by rule classify by categories licenses to be
issued under this section. No individual shall be required to pay an
additional license fee if he THE INDIVIDUAL is licensed for more
than one
category, but he THE INDIVIDUAL shall pay a AN
ADDITIONAL license fee for each
pesticide application
business location for which he works THE INDIVIDUAL IS THE
COMMERCIAL APPLICATOR OF RECORD.
(B) Application for a custom applicator license shall be
made on a form prescribed by the director. Each application for
a license shall state the applicant's qualifications and proposed
operation, license category or categories for which the applicant
is applying, and other information that the director determines
essential to the administration of sections 921.01 to 921.29 of
the Revised Code.
(C) If the director finds that the applicant is qualified to apply
pesticides and meets the requirements of section
921.10 of the Revised Code, the director shall issue a custom
applicator license limited to the categories for which the applicant is
qualified. Such a license expires annually on the last day of
February. Custom applicators, upon obtaining a valid license
under this section, are certified applicators for the purpose of
applying or directly supervising the use of restricted use pesticides
pertinent to their respective categories.
Sec. 921.07. (A) No individual other than an individual licensed as a custom
applicator shall act as a custom operator without having a custom
operator license issued by the director of agriculture.
LICENSES SHALL BE ISSUED FOR A PERIOD OF TIME ESTABLISHED BY RULE AND SHALL
BE RENEWED IN ACCORDANCE WITH DEADLINES ESTABLISHED BY RULE.
The
director shall by rule classify, by category, licenses to be
issued under this section. No individual shall be required to pay an
additional license fee if he THE INDIVIDUAL is licensed for more
than one
category. The annual fee for a custom operator license is thirty
dollars PER YEAR and shall be submitted with the application. If a
license is
not issued or renewed, the fee submitted shall be retained by the
state as payment for reasonable expenses of processing the
application.
(B) Application for a custom operator license shall be
made on a form prescribed by the director. Each application for
a license shall state the applicant's qualifications and the type
of operation, license category or categories for which the
applicant is applying, and other information that the director
determines essential to the administration of sections 921.01 to
921.29 of the Revised Code.
(C) If the director finds that the applicant is qualified, he THE
DIRECTOR
shall issue a custom operator license limited to the category for
which the applicant is qualified. Each such license expires annually on
the
last day of February. Custom operators, upon obtaining a valid
license under this section, are certified applicators for the
purpose of applying or directly supervising the use of restricted use
pesticides pertinent to their respective categories.
Sec. 921.08. (A) Every state agency, municipal
corporation, and every other governmental agency and political
subdivision is subject to sections 921.01 to 921.29 of the
Revised Code and the rules adopted thereunder with respect to the
application of pesticides.
(B) No individual shall act as a public operator without
having a public operator license issued by the director of agriculture.
LICENSES SHALL BE ISSUED FOR A PERIOD OF TIME ESTABLISHED BY RULE AND SHALL
BE RENEWED IN ACCORDANCE WITH DEADLINES ESTABLISHED BY RULE.
The
director shall by rule classify, by categories, licenses to be
issued under this section.
(C) An individual shall apply to the director for a public operator license
on a form prescribed by the director. Each application for
a license shall state the license category or categories for which the
applicant is applying, and any other information that the director determines
essential to the administration of sections 921.01 to 921.29 of
the Revised Code.
(D) If the director finds AFTER FINDING that the applicant is
qualified, upon payment of a
twenty-dollar annual license fee PER YEAR, he THE
DIRECTOR shall issue
a public operator license, limited to the category for which the
applicant is qualified. The twenty-dollar annual license and renewal
fee does
not apply to any applicant who is an employee of the department of
agriculture. Each license shall expire annually
on the last day of February. If a license is not issued or
renewed, the fee submitted shall be retained by the state as
payment for reasonable expenses of processing the application. Public
operators, upon obtaining a valid license under this
section, are certified applicators for the purpose of applying or directly
supervising the use of restricted use pesticides pertinent to
their respective categories.
Sec. 921.09. (A) The director shall require each applicant for a license
under sections 921.06, 921.07, 921.08, and 921.12 of the Revised Code to be
examined on his THE APPLICANT'S knowledge and competency in the
proper use, handling, and
application of pesticides in the categories for which he THE
APPLICANT has applied.
(B) Each application for renewal of a license provided for in section 921.06,
921.07, 921.08, or 921.12 of the Revised Code, shall be filed prior to the
first day of March of any year DEADLINE ESTABLISHED BY RULE. If
filed thereafter, a penalty of fifty per
cent shall be assessed the custom applicator and the custom operator and added
to the original fee and shall be paid by the applicant before the renewal
license is issued. However, if the A license or certification
issued under
sections SECTION 921.06, 921.07, 921.08, and OR
921.12 of the Revised Code is not renewed
within one year of THE date of expiration, then such licensee or
certificate
holder shall be required to take another examination.
(C) The holder of a custom applicator license, custom operator license,
limited commercial applicator license, or public operator license may renew
such license within one year of date of expiration without re-examination
unless the director determines that a new examination is necessary to insure
that they continue THE HOLDER CONTINUES to meet the requirements
of changing technology and to
assure a continuing level of competence and ability to use pesticides safely
and properly.
(D) The director shall determine when re-examination for recertification of
private applicators is required to insure that private applicators continue to
meet the requirements of changing technology and to assure a continuing level
of competence and ability to use pesticides safely and properly.
Sec. 921.10. (A) The director of agriculture shall not issue a custom
applicator license or limited commercial applicator license PESTICIDE
APPLICATION BUSINESS LICENSE until the
applicant has submitted to the director either surety bond, an
effective
liability insurance policy, or such other evidence of financial
responsibility
as the director determines necessary. The director shall establish by rule,
in accordance with Chapter 119. of the Revised Code, the amount and condition
of such surety bond, liability insurance, or other evidence of
financial
responsibility required. Such requirements shall be based upon the category
and operation of the applicant.
(B) Should the evidence of financial responsibility expire without renewal
prior to the expiration of the license, the license of the custom
applicator PESTICIDE APPLICATION BUSINESS
is automatically suspended.
(C) Should the evidence of financial responsibility furnished become
unsatisfactory, the custom applicator PESTICIDE APPLICATION
BUSINESS shall upon notice immediately execute
evidence of financial responsibility meeting the requirements of this section
or its APPLICABLE rules, and should he THE
PESTICIDE APPLICATION BUSINESS fail to do so,
the director shall suspend his THE PESTICIDE APPLICATION
BUSINESS'S
license and give him THE BUSINESS notice of such
suspension.
(D) The licensee to whom a suspension order is issued shall be afforded a
hearing in accordance with Chapter 119. of the Revised Code, after which the
director shall reinstate or revoke the suspended license.
(E) Nothing in this chapter shall be construed to relieve any person from
liability for any damage to the person or lands of another caused by the use
of pesticides even though such use conforms to the rules.
Sec. 921.12. (A) No individual shall act as a limited
commercial applicator without first having obtained a limited
commercial applicator license from the director of agriculture.
LICENSES SHALL BE ISSUED FOR A PERIOD OF TIME ESTABLISHED BY RULE AND SHALL
BE RENEWED IN ACCORDANCE WITH DEADLINES ESTABLISHED BY RULE.
The annual fee for the license is fifty dollars PER YEAR and
shall be
submitted
with the application. If the license is not issued or renewed, the state
shall retain the application fee as payment for
reasonable expenses of processing the application. If the
license is not renewed prior to the first day of March each year
DEADLINE ESTABLISHED BY RULE, the licensee
shall pay a penalty of twenty-five dollars for late
filing. The categories of licenses shall be the same as for
custom applicators, and the examinations shall be the same as or
equivalent to those for custom applicators. No individual is
required to pay an additional license fee if he THE INDIVIDUAL
is licensed for
more than one category.
(B) An individual shall apply to the director for a limited commercial
applicator
license, on a form prescribed by the director. Each
application for a license shall state the applicant's
qualifications and proposed operation, license category or
categories for which the applicant is applying, and any other
information that the director determines essential to the
administration of sections 921.01 to 921.29 of the Revised Code.
(C) If the director finds that the applicant is qualified to apply
pesticides and meets the requirements of section
921.10 of the Revised Code, he THE DIRECTOR shall issue a
limited commercial
applicator license limited to the categories for which the
applicant is qualified. The license expires annually on the
last day of February. Limited commercial applicators, upon
obtaining a valid license under this section, are certified
applicators for the purpose of applying or directly supervising the manner of
use and the type of general and restricted use pesticides pertinent to their
respective categories.
(D) The employer of a limited commercial applicator, or
the limited commercial applicator himself, if
he is
self-employed, is subject to section 921.10 of the Revised Code;
however, the director shall determine by rule the financial responsibility
requirement for each
category independently of those for
custom applicators and he may waive that
requirement for any or all
categories.
(E) The director shall designate by rule the manners of use and types
of
restricted use pesticides and general use pesticides that an individual
licensed as a limited commercial applicator may use.
Sec. 921.13. (A) Any person who is acting in the capacity of a
pesticide dealer or who advertises or assumes to act as a pesticide dealer at
any time shall obtain a pesticide dealer license from the director
of agriculture. The license expires on the last day of
February of each year
LICENSES SHALL BE ISSUED FOR A PERIOD OF TIME ESTABLISHED BY RULE AND SHALL
BE RENEWED IN ACCORDANCE WITH DEADLINES ESTABLISHED BY RULE.
A license is required for each
location or outlet within this state from which the person distributes
pesticides.
Any pesticide dealer who has no pesticide dealer outlets in
this state and who distributes restricted use pesticides
directly into this state shall obtain a pesticide dealer license
from the director for his THE PESTICIDE DEALER'S principal
out-of-state location or outlet and for each sales person operating in the
state.
The applicant shall include a twenty-five dollar license fee with his
THE application for a license. The application shall be made on a form
prescribed
by the director.
Each pesticide dealer shall submit records to the director of all of the
restricted use pesticides he THE PESTICIDE DEALER has
distributed, as specified by the director, and duplicate records shall be
retained by the pesticide dealer for a period of time established by rules.
(B) This section does not apply to a custom applicator
who exclusively sells pesticides only as an integral part of his THE
CUSTOM APPLICATOR'S pesticide
application business when the pesticides are dispensed only
through equipment used for the pesticide application or to any
federal, state, county, or municipal agency that provides
pesticides for its own programs.
(C) Each licensed pesticide dealer is responsible
for the acts of each employee in the solicitation
and sale of pesticides and all claims and recommendations for use
of pesticides. The pesticide dealer's license is subject to denial,
suspension, or revocation after a hearing for any violation of
sections 921.01 to 921.29 of the Revised Code whether committed by the
pesticide dealer or by the pesticide dealer's
officer, agent, or employee.
Sec. 921.16. (A) The director of agriculture shall adopt
rules he THE DIRECTOR determines necessary for the effective
enforcement and
administration of sections 921.01 to 921.29 of the Revised Code.
The rules may relate to, but are not limited to, the time, place, manner, and
methods
of application, materials, and amounts and concentrations of
application of pesticides, may restrict or prohibit the use of
pesticides in designated areas during specified periods of time,
and shall encompass all reasonable factors that the director
determines necessary to minimize or prevent damage to the
environment. IN ADDITION, THE RULES SHALL ESTABLISH THE DEADLINES AND TIME
PERIODS FOR REGISTRATION AND REGISTRATION RENEWAL UNDER SECTION 921.02 of the Revised Code,
THE DEADLINES AND TIME PERIODS FOR LICENSURE AND LICENSE RENEWAL UNDER
SECTIONS 921.021, 921.06, 921.07, 921.08, 921.12, AND 921.13 of the Revised Code, AND THE
DEADLINES FOR CERTIFICATION UNDER SECTION 921.11 of the Revised Code.
(B) The director shall adopt rules that establish a schedule of
civil penalties for violations of sections 921.01 to 921.29 of
the Revised Code, or any rule or order adopted or issued under
those sections, provided that the civil penalty for a first
violation shall not exceed five thousand dollars and the civil
penalty for each subsequent violation shall not exceed ten
thousand dollars. In determining the amount of a civil penalty
for a violation, the director shall consider factors relevant to
the severity of the violation, including past violations and the
amount of actual or potential damage to the environment or to
human beings.
(C) The director shall adopt rules that set forth the conditions under
which he THE DIRECTOR:
(1) Requires that notice or posting be given of a proposed
application of a pesticide;
(2) Requires a permit to apply a restricted use pesticide;
(3) Requires inspection, condemnation, or repair of
equipment used to apply a pesticide;
(4) Will suspend, revoke, or refuse to issue any pesticide
registration for a violation of sections 921.01 to 921.29 of
the Revised Code;
(5) Requires safe handling, transportation, storage,
display, distribution, and disposal of pesticides and their
containers;
(6) Ensures the protection of the health and safety of
agricultural workers storing, handling, or applying pesticides,
and all residents of agricultural labor camps, as that term is
defined in section 3733.41 of the Revised Code, who are living or
working in the vicinity of pesticide-treated areas;
(7) Requires a record to be kept of all pesticide
applications made by each licensed custom applicator, limited
commercial applicator, and public operator and of all restricted
use pesticide applications made by each certified private
applicator;
(8) Determine DETERMINES those categories of applicators who
conduct diagnostic
inspections or who offer pest control services that must be performed by a
certified commercial applicator and for which written records are required.
(D) The director shall prescribe standards for the certification of
applicators of pesticides consistent with those prescribed by the federal act
and the regulations adopted thereunder. The standards may relate to the use
and handling of pesticides or to the use and handling of the pesticide or
class of pesticide uses covered by the individual's certification, and shall
relate to the hazards involved and the use experience.
The director shall take into consideration standards of the United States
environmental protection agency.
(E) The director may adopt rules setting forth the conditions under
which he THE DIRECTOR will:
(1) Collect and examine samples of pesticides or devices;
(2) Specify classes of devices which THAT shall be subject to
this chapter;
(3) Prescribe other necessary registration information.
(F) The director may adopt rules to designate, in addition to those
restricted uses so
classified by the administrator of the United States environmental protection
agency, restricted uses of pesticides
for the state or for designated areas within the state and, if he
THE DIRECTOR
considers it necessary, to further restrict such use.
(G) The director shall not adopt any rule under sections 921.01 to 921.29 of
the Revised Code that meets either of the following:
(1) Permits any pesticide use that is prohibited by the federal act and
regulations or orders issued thereunder;
(2) As to certified applicators of restricted use pesticides as designated
under the
federal act, and rules adopted as to experimental use permits as
authorized by the federal act, is inconsistent with the
requirements of the federal act and regulations promulgated
ADOPTED thereunder.
(H) The director, after notice and opportunity for
hearing, may declare as a pest any form of plant or
animal life, other than man HUMAN BEINGS and other than
bacteria, viruses, and
other microorganisms on or in living man HUMAN BEINGS or other
living animals,
that is injurious to health or the environment.
(I) The director may make reports to the
environmental protection agency, in the form and containing the
information the agency may require.
(J) The director shall establish ADOPT rules for the
application, use, storage, and
disposal of pesticides if, in his THE DIRECTOR'S judgment,
existing programs of the United
States environmental protection agency, necessitate such rules or pesticide
labels do not sufficiently address issues or situations identified by the
department of agriculture or interested state agencies. The director may
develop and enter into cooperative agreements with other state agencies for
the purpose of developing and implementing voluntary or mandatory pesticide
management plans that are designed to prevent unreasonable adverse effects on
human health and the environment.
(K) The director shall adopt all rules under sections 921.01 to 921.29 of the
Revised Code in accordance with Chapter 119. of the Revised Code.
Sec. 924.52. (A) The Ohio grape industries committee may:
(1) Conduct, and contract with others to conduct,
research, including the study, analysis, dissemination, and
accumulation of information obtained from the research or
elsewhere, concerning the marketing and distribution of grapes
and grape products, the storage, refrigeration, processing, and
transportation of them, and the production and product
development of grapes and grape products. The committee shall
expend for these activities no less than thirty per cent and no
more than seventy per cent of all money it receives from the Ohio
grape industries fund created under section 924.54 of the Revised
Code.
(2) Provide the wholesale and retail trade with
information relative to proper methods of handling and selling
grapes and grape products;
(3) Make or contract for market surveys and analyses,
undertake any other similar activities that it determines are
appropriate for the maintenance and expansion of present markets
and the creation of new and larger markets for grapes and grape
products, and make, in the name of the committee, contracts to
render service in formulating and conducting plans and programs
and such other contracts or agreements as the committee considers
necessary for the promotion of the sale of grapes and grape
products. The committee shall expend for these activities no
less than thirty per cent and no more than seventy per cent of
all money it receives from the fund.
(4) Publish and distribute to producers and others
information relating to the grape and grape product industries;
(5) Propose to the director of agriculture for adoption, rescission, or
amendment, pursuant to Chapter 119. of the Revised Code, rules
necessary for the exercise of its powers and the performance of
its duties;
(6) ADVERTISE FOR, POST NOTICES SEEKING, OR OTHERWISE SOLICIT APPLICANTS
TO SERVE IN ADMINISTRATIVE POSITIONS IN THE DEPARTMENT OF AGRICULTURE AS
EMPLOYEES WHO SUPPORT THE ADMINISTRATIVE FUNCTIONS OF THE COMMITTEE.
APPLICATIONS SHALL BE SUBMITTED TO THE COMMITTEE. THE COMMITTEE SHALL SELECT
APPLICANTS THAT IT WISHES TO RECOMMEND FOR EMPLOYMENT AND SHALL SUBMIT A LIST
OF THE RECOMMENDED APPLICANTS TO THE DIRECTOR.
(B) The committee shall:
(1) Promote the sale of grapes and grape products for the
purpose of maintaining and expanding present markets and creating
new and larger intrastate, interstate, and foreign markets for
grapes and grape products, and inform the public of the uses and
benefits of grapes and grape products;
(2) Perform all acts and exercise all powers incidental
to, in connection with, or considered reasonably necessary,
proper, or advisable to effectuate the purposes of this section.
Sec. 924.521. THE DIRECTOR OF AGRICULTURE SHALL HIRE ALL EMPLOYEES OF THE
OHIO GRAPE INDUSTRIES COMMITTEE. THE DIRECTOR SHALL SELECT THE
EMPLOYEES FROM THE LIST OF RECOMMENDED APPLICANTS
SUBMITTED BY THE COMMITTEE UNDER SECTION 924.52 of the Revised Code. EMPLOYEES OF THE
COMMITTEE SHALL BE PAID WITH
MONEYS FROM THE OHIO GRAPE INDUSTRIES FUND.
Sec. 926.141. IF THE DIRECTOR OF AGRICULTURE OBTAINS EVIDENCE
THAT AN UNLICENSED HANDLER IS INSOLVENT OR IS UNABLE TO SATISFY THE
CLAIMS OF ALL DEPOSITORS, THE DIRECTOR MAY PETITION THE COURT OF
COMMON PLEAS OF THE COUNTY IN WHICH THE UNLICENSED HANDLER IS LOCATED FOR THE
APPOINTMENT OF A RECEIVER TO OPERATE OR
LIQUIDATE THE BUSINESS OF THE UNLICENSED HANDLER.
ALL NECESSARY EXPENSES INCURRED BY THE DIRECTOR OR A RECEIVER
APPOINTED UNDER THIS SECTION MAY BE RECOVERED FROM THE UNLICENSED
HANDLER IN A SEPARATE CIVIL ACTION BROUGHT BY THE DIRECTOR IN THE COURT
OF COMMON PLEAS
OR RECOVERED AT THE SAME TIME AND AS A PART OF THE
RECEIVERSHIP ACTION FILED UNDER THIS SECTION. AS A PART OF THE
EXPENSES SO INCURRED, THE COST OF ADEQUATE LIABILITY INSURANCE
NECESSARY TO PROTECT THE DIRECTOR, THE RECEIVER, AND OTHERS
ENGAGED IN CARRYING OUT THIS SECTION MAY BE INCLUDED.
Sec. 926.18. (A) When a depositor has made a demand for
settlement of an obligation concerning an agricultural commodity
on which a fee was required to be remitted under section 926.16
of the Revised Code and the licensed handler IS EXPERIENCING FAILURE, AS
"FAILURE" IS DEFINED IN SECTION 926.021 of the Revised Code, AND has failed to honor
the demand, the depositor, after providing the director of
agriculture or the director's authorized representative with
evidence of the depositor's demand and the dishonoring of
that demand, may file a claim with
the director not later than six months after dishonor of the demand for
indemnification of the depositor's damages,
from the agricultural commodity depositors fund, to be measured as
follows:
(1) The commodity advisory commission created in section
926.32 of the Revised Code shall establish the dollar value of
the loss incurred by a depositor holding a receipt or a ticket
for agricultural commodities on which a fee was required and that
the depositor delivered to the handler under a delayed price
agreement, bailment agreement, or feed agreement, or that
the depositor delivered to the handler before delivery was due under a
contract or other agreement between the depositor and handler. The value
shall be based on the fair
market price being paid to producers by handlers for the
commodities on the date on which the director received notice
that the receipt or ticket was dishonored by the handler. All
depositors filing claims under this division shall be bound by
the value determined by the commission.
(2) The dollar value of the loss incurred by a depositor
who has sold or delivered for sale, exchange, or solicitation or
negotiation for sale agricultural commodities on which a fee was
required and who is a creditor of the handler for all or a part
of the value of the commodities shall be based on the amount
stated on the obligation on the date of the sale.
(B) The agricultural commodity depositors fund shall be
liable to a depositor for any moneys that are not recovered
through other legal and equitable remedies as follows:
(1) For commodities stored with a licensed handler under a
bailment agreement for one hundred per cent of the
depositor's loss as determined under division (A)(1) of this section;
(2) For commodities deposited with a licensed handler
under
an agreement other than a bailment agreement for one hundred per
cent of the first ten thousand dollars of the depositor's
loss and eighty per cent of the remaining dollar value of
that loss as determined under divisions (A)(1) and (2) of this
section. The aggregate
amount recovered by a depositor under all remedies shall not
exceed one hundred per cent of the value of the depositor's
loss. If the moneys recovered by a depositor under all remedies exceed one
hundred per cent of the value of the depositor's loss, the
depositor shall reimburse the fund in the amount that exceeds the value of
that loss.
(C) The director, with the approval of the commodity
advisory commission, shall determine the validity of all claims
presented against the fund. A claim filed under this section for
losses on agricultural commodities other than commodities stored
under a bailment agreement shall not be valid unless the
depositor has made a demand for settlement of the obligation
within twelve months after the commodities are priced. Any depositor whose
claim has been refused by the director and the commission may
appeal the refusal either to the court of common pleas of
Franklin county or the court of common pleas of the county in
which the depositor resides.
The director shall provide for payment from the fund to any
depositor whose claim has been found to be valid.
(D) If at any time the fund does not contain sufficient
assets to pay valid claims, the director shall hold those claims
for payment until the fund again contains sufficient assets. Claims against
the fund shall be paid in the order in which they
are presented and found to be valid.
(E) If a depositor files an action for legal or equitable
remedies in a state or federal court having jurisdiction in those
matters that includes a claim against agricultural commodities
upon which the depositor may file a claim against the fund at a
later date, the depositor also shall file with
the director a
copy of the action filed with the court.
In the event of payment of a loss under this section, the
director shall be subrogated to the extent of the amount of any
payments to all rights, powers, privileges, and remedies of the
depositor against any person regarding the loss.
The depositor shall render all necessary assistance to aid
the director in securing the rights granted in this section. No
action or claim initiated by the depositor and pending at the
time of payment from the fund may be compromised or settled
without the consent of the director.
(F) If, prior to
June 20, 1994, a lawsuit, adversary proceeding, or
other legal proceeding is brought against a depositor to recover money or
payments from funds to which a depositor has a right of
indemnification under this section, and the depositor retains legal counsel
resulting in a cost or expense to the depositor, upon the rendering of a
judgment or other resolution of the lawsuit, adversary proceeding, or other
legal proceeding, the director, in the director's discretion
and with the approval of the commodity advisory commission, may authorize
indemnification from the fund for attorney's fees paid by the depositor. Any
claim made by a depositor for the payment of attorney's fees under this
division shall be made in the same manner as a claim under division (A) of
this section.
Attorney's fees payable under this division shall be limited to the actual
hourly fee charged or one hundred dollars per hour, whichever is less, and to
a total maximum amount of three hundred dollars.
Sec. 926.20. (A) Upon the request of a depositor, a
licensed handler shall issue a receipt for any agricultural
commodity that he THE HANDLER has received from the depositor
for storage under a bailment agreement. Even if the depositor has not
requested that a receipt be issued, the agricultural commodity
delivered for storage under a bailment agreement shall be
considered to be in "open storage," and the responsibility of the
bailee to the bailor shall remain the same as if a nonnegotiable
receipt had been issued upon deposit of the commodity into the
handler's warehouse.
No licensed handler shall receive an agricultural commodity
for storage under a bailment agreement until he THE HANDLER has
weighed, inspected, and graded the commodity.
(B) The director of agriculture shall cause receipt forms
to be printed on distinctive paper by a bonded printer PROVIDE AND
PRINT ON DISTINCTIVE PAPER, PAPER WAREHOUSE RECEIPTS. IF THE DIRECTOR
CONSIDERS IT NECESSARY, THE DIRECTOR MAY AUTHORIZE ELECTRONIC WAREHOUSE
RECEIPTS IN ACCORDANCE WITH GUIDELINES ESTABLISHED IN RULES ADOPTED UNDER
SECTION 926.02 of the Revised Code. Each
receipt, PAPER OR ELECTRONIC, shall contain within its
printed terms spaces for AT LEAST the
following information:
(1) The location of the warehouse where the agricultural
commodity is stored;
(2) The date of issuance of the receipt;
(3) The rate of storage charges or the basis for the
charges;
(4) The net weight, the percentage of dockage or foreign
material, and the grade of the commodity;
(5) "Negotiable" or "nonnegotiable" according to the
nature of the receipt, conspicuously printed or stamped
INDICATED on it;
(6) The signature of the licensed handler or his THE HANDLER'S
authorized agent;
(7) A statement of the amount of advances made or
liability incurred for which the handler claims a lien or, if the
precise amount of advances made or liabilities incurred at the
time of issuance of the receipt is unknown to the handler or to
the agent who issues it, a statement of the fact that advances
have been made or liabilities incurred;
(8) If the receipt is for a commodity that the handler
owns, either wholly, jointly, or in common with others, the facts
about the ownership;
(9) Any other information that the director may require by
rule.
The director shall cause receipt forms to be distributed to
licensed handlers at cost. The revenue from the distribution
shall be remitted to the director and credited to the commodity
handler regulatory program fund created in division (A) of
section 926.19 of the Revised Code in the same manner as other
fees collected under that division.
(C) All receipts issued by a licensed handler shall be
numbered and issued consecutively.
(D) Before issuing any receipt, a licensed handler shall
file with the director a certified copy of his THE HANDLER'S
signature and the signature of any person he THE HANDLER has
authorized to issue receipts.
(E) No licensed handler shall fail to return to the
director all receipts and tickets remaining unused on the date of
revocation or termination of his THE HANDLER'S license.
(F) No person shall issue a receipt for any agricultural
commodity except upon a receipt form furnished OR AUTHORIZED by the
director
under this section.
(G) No person, with intent to defraud, shall falsely make,
alter, forge, counterfeit, or photograph a receipt.
Sec. 1327.50. The director of agriculture shall:
(A) Maintain traceability of the state standards to those
of the national institute of standards and technology;
(B) Enforce sections 1327.46 to 1327.61 of the Revised
Code;
(C) Issue reasonable rules for the uniform enforcement of
sections 1327.46 to 1327.61 of the Revised Code, which rules
shall have the force and effect of law;
(D) Establish standards of weight, measure, or count,
reasonable standards of fill, and standards for the voluntary
presentation of cost per unit information for any package;
(E) Grant any exemptions from sections 1327.46 to 1327.61
of the Revised Code, or any rules adopted under those sections,
when appropriate to the maintenance of good commercial practices
in the state;
(F) Conduct investigations to ensure compliance with
sections 1327.46 to 1327.61 of the Revised Code;
(G) Delegate to appropriate personnel any of these
responsibilities for the proper administration of his THE
DIRECTOR'S office;
(H) Test as often as is prescribed by rule the standards
of weight and measure used by any municipal corporation or county
within the state, and approve the same when found to be correct;
(I) Inspect and test weights and measures kept, offered,
or exposed for sale;
(J) Inspect and test to ascertain if they are correct,
weights and measures commercially used either:
(1) In determining the weight, measure, or count of
commodities or things sold, or offered or exposed for sale, on
the basis of weight, measure, or count;
(2) In computing the basic charge or payment for goods or
services rendered on the basis of weight, measure, or count.
(K) Test all weights and measures used in checking the
receipt or disbursement of supplies in every institution, for the
maintenance of which funds are appropriated by the general
assembly;
(L) Approve for use, and may mark, such weights and
measures as he THE DIRECTOR finds to be correct, and shall
reject and mark as rejected such weights and measures as he THE
DIRECTOR finds to be incorrect.
Weights and measures that have been rejected may be seized if not
corrected within the time specified or if used or disposed of in
a manner not specifically authorized, and may be condemned and
seized if found to be incorrect and not capable of being made
correct.
(M) Weigh, measure, or inspect packaged commodities kept,
offered, or exposed for sale, sold, or in the process of delivery
to determine whether they contain the amounts represented and
whether they are kept, offered, or exposed for sale in accordance
with sections 1327.46 to 1327.61 of the Revised Code or rules
adopted under those sections. In carrying out this section, the
director shall employ recognized sampling procedures, such as
those designated in the national institute of standards and
technology handbook 133 "checking the net contents of packaged
goods."
(N) Prescribe by rule the appropriate term or unit of
weight or measure to be used, whenever he THE DIRECTOR
determines in the case
of a specific commodity that an existing practice of declaring
the quantity by weight, measure, numerical count, or combination
thereof, does not facilitate value comparisons by consumers, or
offers an opportunity for consumer confusion;
(O) Allow reasonable variations from the stated quantity
of contents, which shall include those caused by unavoidable
deviations in good manufacturing practice and by loss or gain of
moisture during the course of good distribution practice, only
after the commodity has entered intrastate commerce;
(P) Provide for the weights and measures training of
inspector personnel and establish minimum training requirements,
which shall be met by all inspector personnel, whether county,
municipal, or state;
(Q) Prescribe the methods of tests and inspections to be
employed in the enforcement of sections 1327.46 to 1327.61 of the
Revised Code. The director may prescribe the official test and
inspection forms to be used.
(R) Provide by rule for voluntary registration with the
director of private weighing and measuring device servicing
agencies, and personnel;
(S) In conjunction with the national institute of
standards and technology, operate a type evaluation program for
certification of weighing and measuring devices as part of the
national type evaluation program. The director shall establish a
schedule of fees for services rendered by the department of
agriculture in operating the type evaluation program FOR TYPE
EVALUATION SERVICES.
THE DIRECTOR MAY REQUIRE ANY WEIGHING OR MEASURING INSTRUMENT OR DEVICE TO
BE TRACEABLE TO A NATIONAL TYPE EVALUATION PROGRAM CERTIFICATE OF CONFORMANCE
PRIOR TO USE FOR COMMERCIAL OR LAW ENFORCEMENT PURPOSES.
Section 2. That existing sections 917.23, 918.02, 918.04, 918.08,
918.22, 918.25, 918.28, 921.02, 921.021, 921.06, 921.07, 921.08,
921.09, 921.10, 921.12, 921.13, 921.16, 924.52, 926.18,
926.20, and 1327.50 of the Revised Code are hereby repealed.
Section 3. The Director of Agriculture shall adopt rules under
section 921.16 of the Revised Code, as amended by this act, to
take effect not later than one hundred eighty days after the
effective date of this act. Until those rules take effect,
notwithstanding sections 921.02, 921.021, 921.06, 921.07, 921.08,
921.12, and 921.13 of the Revised Code, as amended by this act,
the holder of a registration or license issued under any of those
sections as the applicable section existed prior to the effective
date of this act shall renew the registration or license in the
same manner as a registration or license was renewed under the
applicable section as it existed immediately before the taking
effect of this act, and the registration or license expires in the
same manner as a registration or license expired under the
applicable section as it existed immediately before the taking
effect of this act.
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