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Ohio Statutes, Title 9

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Title 9, Title 9. Agriculture-Animals-Fences

42 chapters · 929 sections in this title.

All chapters in Title 9929 Ch 905, Chapter 905 | Agricultural Additives…57 Ch 901, Chapter 901 | Department Of Agriculture54 Ch 955, Chapter 955 | Dogs43 Ch 926, Chapter 926 | Agricultural Commodity…42 Ch 940, Chapter 940 | Soil And Water Conserv…42 Ch 924, Chapter 924 | Agricultural Commodity…41 Ch 925, Chapter 925 | Marketing37 Ch 907, Chapter 907 | Agricultural Seed34 Ch 941, Chapter 941 | Animal Diseases34 Ch 927, Chapter 927 | Nursery Stock; Plant Pests30 Ch 918, Chapter 918 | Meat Inspection29 Ch 921, Chapter 921 | Pesticides29 Ch 935, Chapter 935 | Possession Of Wild Ani…29 Ch 943, Chapter 943 | Livestock Dealers29

57 sections·Filtered byTitle 9✕Ch 905✕

Ohio Rev. Code Ann. § 905.01 Agricultural additive definitions
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As used in sections 905.01 to 905.11 of the Revised Code:(A) "Distributor" means a person who offers for sale, sells, trades, or supplies an agricultural additive.(B) "Manufacturer" means a person who mines, extracts, processes, refines, blends, or mixes an agricultural additive.…
Ohio Rev. Code Ann. § 905.02 Selling or exchanging unregistered agricultural additive
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No distributor or manufacturer shall sell, exchange, offer for sale or exchange, or distribute for sale or exchange in this state any agricultural additive unless it has been registered by the manufacturer with the department of agriculture. Registration of an agricultural additi…
Ohio Rev. Code Ann. § 905.03 Application for registration of agricultural additive
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(A) Each application for registration of an agricultural additive shall be accompanied by a registration fee of fifty dollars. Application shall be made on a form supplied by the director of agriculture and shall include:(1) The name and address of the registrant;(2) The additive…
Ohio Rev. Code Ann. § 905.04 Label information
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No person shall sell, exchange, offer for sale or exchange, or distribute for sale or exchange in this state any agricultural additive unless its container is conspicuously labeled with the following information:(A) The additive's brand name;(B) Its purpose or proposed use;(C) Th…

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Ohio Rev. Code Ann. § 905.05 Administrative rules

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The director of agriculture may adopt, modify, or rescind rules, in accordance with Chapter 119. of the Revised Code, to implement sections 905.01 to 905.11 of the Revised Code.

Ohio Rev. Code Ann. § 905.06 Information duties - investigations

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The director of agriculture shall: (A) Gather information on the performance of various agricultural additives, including distributors' and manufacturers' claims, the results of investigation or research on additives, and the conditions when they are useful, and make the informat…

Ohio Rev. Code Ann. § 905.07 Suspending or revoking of registration

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The director of agriculture or his duly authorized representative may enter any property, public or private, in order to make inspections to determine whether or not there is compliance with sections 905.01 to 905.11 of the Revised Code or if any agricultural additive is useful f…

Ohio Rev. Code Ann. § 905.08 Holding additives during period of suspension or revocation

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The director of agriculture may issue an order to the owner or custodian of any package or lot of an agricultural additive requiring it to be held at a designated place during the period the director has suspended or revoked the product's registration under section 905.07 of the …

Ohio Rev. Code Ann. § 905.09 Injunctions

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The director of agriculture may apply to the court of common pleas for an injunction against any person who continues to sell, exchange, offer for sale or exchange, or distribute for sale or exchange an agricultural additive for which an order to hold has been issued under sectio…

Ohio Rev. Code Ann. § 905.10 Class actions

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Upon written request by the director of agriculture, the attorney general may join or bring class actions on behalf of persons who are adversely affected by the purchase of agricultural additives or who are injured by violation of sections 905.01 to 905.11 of the Revised Code.

Ohio Rev. Code Ann. § 905.11 False representations

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No person shall falsely represent that an agricultural additive:(A) Can be used in lieu of another product or products, including fertilizers and agricultural liming materials, with the same or similar results;(B) Enhances the effects or benefits of a fertilizer or agricultural l…

Ohio Rev. Code Ann. § 905.31 Fertilizer definitions

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As used in sections 905.31 to 905.503 of the Revised Code: (A) "Brand name" means a name or expression, design, or trademark used in connection with one or several grades of any type of fertilizer. (B) "Bulk fertilizer" means any type of fertilizer in solid, liquid, or gaseous st…

Ohio Rev. Code Ann. § 905.32 Application for license

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(A) No person shall manufacture or distribute in this state any type of fertilizer until a license to manufacture or distribute has been obtained by the manufacturer or distributor from the department of agriculture upon payment of a fifty-dollar fee: (1) For each fixed (permanen…

Ohio Rev. Code Ann. § 905.321 Certification required

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(A) Beginning September thirtieth of the third year after August 21, 2014, no person shall apply fertilizer for the purposes of agricultural production unless that person has been certified to do so by the director of agriculture under this section and rules or is acting under th…

Ohio Rev. Code Ann. § 905.322 Rules and regulations regarding fertilizer application

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(A) The director of agriculture shall adopt rules in accordance with Chapter 119. of the Revised Code that do all of the following: (1) Create a fertilizer applicator certification program pursuant to section 905.321 of the Revised Code that does all of the following:(a) Educates…

Ohio Rev. Code Ann. § 905.323 Voluntary nutrient management plans

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(A)(1) A person who owns or operates agricultural land may do any of the following:(a) Develop a voluntary nutrient management plan;(b) Request any person to develop a voluntary nutrient management plan on behalf of the person who owns or operates the agricultural land;(c) Reques…

Ohio Rev. Code Ann. § 905.324 Confidentiality

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(A) Except as provided in division (B) of this section, the director of agriculture, an employee of the department of agriculture, the supervisors of a soil and water conservation district, an employee of a district, and a contractor of the department or a district shall not disc…

Ohio Rev. Code Ann. § 905.325 Civil actions; affirmative defenses

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In a private civil action for claims involving or resulting from the application of fertilizer, it is an affirmative defense if all of the following apply: (A) The person applying the fertilizer is certified or is applying fertilizer under the instruction and control of a person …

Ohio Rev. Code Ann. § 905.326 Application of fertilizer in western basin

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(A)(1) Except as provided in division (B) of this section, no person in the western basin shall surface apply fertilizer under either of the following circumstances:(a) On snow-covered or frozen soil;(b) When the top two inches of soil are saturated from precipitation.(2) Except …

Ohio Rev. Code Ann. § 905.327 Penalty for unlawful application of fertilizer

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(A) The director of agriculture may assess a civil penalty against a person that violates section 905.326 of the Revised Code. The director may impose a civil penalty only if the director affords the person an opportunity for an adjudication hearing under Chapter 119. of the Revi…

Ohio Rev. Code Ann. § 905.33 Registering custom mixed fertilizer as a specialty fertilizer

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(A) Except as provided in division (C) of this section, no person shall distribute in this state a specialty fertilizer until it is registered by the manufacturer or distributor with the department of agriculture. An application, in duplicate, for each brand and product name of e…

Ohio Rev. Code Ann. § 905.331 Nonagricultural production custom mixed fertilizer blender license

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No person who engages in the business of blending a custom mixed fertilizer for use on lawns, golf courses, recreation areas, or other real property that is not used for agricultural production shall fail to register a specialty fertilizer in accordance with division (A) of secti…

Ohio Rev. Code Ann. § 905.34 Exemption for distributor

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No distributor shall be required to obtain a license under division (A) of section 905.32 of the Revised Code to distribute fertilizer if the fertilizer is registered under division (A) of section 905.33 of the Revised Code.

Ohio Rev. Code Ann. § 905.35 Label information

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(A) No person shall distribute in this state any type of fertilizer in packages unless the packages have placed on or affixed to them in legibly written or printed form the following:(1) Net weight of the contents;(2) Brand and product name;(3) Name and address of the manufacture…

Ohio Rev. Code Ann. § 905.36 Inspection fees - annual statement of tonnage

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(A) A licensee or registrant shall pay the director of agriculture an inspection fee of twenty-five cents per ton for all of the following, as applicable: (1) All fertilizer that the licensee distributes in this state to a person that has not been issued a license under section 9…

Ohio Rev. Code Ann. § 905.37 Statement and reports by director

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(A) The director of agriculture may distribute annual statements of fertilizer sales by grades of materials and mixed fertilizer by counties, in a manner prescribed by the director.(B) The director may publish annually a report of the analysis of fertilizers inspected.(C) The dir…

Ohio Rev. Code Ann. § 905.39 Sampling and analysis

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(A) The director of agriculture shall inspect and sample any fertilizer within the state to such an extent as the director considers necessary and make an analysis where need is indicated to determine whether the fertilizer is in compliance with sections 905.31 to 905.503 of the …

Ohio Rev. Code Ann. § 905.40 Administrative rules

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The director of agriculture shall adopt and enforce uniform rules: (A) Governing the storing and handling of anhydrous ammonia that is used for agricultural purposes;(B) For safety in the design, construction, location, installation, or operation of anhydrous ammonia systems for …

Ohio Rev. Code Ann. § 905.41 Design and construction of storage facilities for anhydrous ammonia

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(A) A storage facility for anhydrous ammonia that is used for agricultural purposes shall be designed and constructed in accordance with rules. On and after September 10, 2012, no person shall construct a storage facility for anhydrous ammonia that is used for agricultural purpos…

Ohio Rev. Code Ann. § 905.411 Orders prohibiting use of anhydrous ammonia equipment or system

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The director of agriculture may issue an order prohibiting the use of anhydrous ammonia equipment or an anhydrous ammonia system found not to comply with rules adopted under division (A) or (B) of section 905.40 of the Revised Code, as applicable. No person shall use the anhydrou…

Ohio Rev. Code Ann. § 905.42 Manufacturing or distributing substance injurious to crop growth or deleterious to soil

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No person shall manufacture or distribute in this state fertilizer containing any substance that is injurious to crop growth or deleterious to soil, provided, that the effects on plants shall not be deemed to be injurious when this is the purpose for which the substance was appli…

Ohio Rev. Code Ann. § 905.43 Mislabeled or misrepresented fertilizer

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(A) No person shall distribute mislabeled fertilizer. A fertilizer is mislabeled if any false or misleading statement appears on or is attached to the container or on the pertinent invoice or delivery ticket, if false or misleading statements appear in any advertising material, o…

Ohio Rev. Code Ann. § 905.44 Administrative rules

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(A) The director of agriculture may adopt and enforce rules: (1) Governing the storing and handling of fertilizers;(2) For safety in the design, construction, location, installation, or operation of equipment, containment structures, and buildings for storing and handling fertili…

Ohio Rev. Code Ann. § 905.45 Refusing, suspending or revoking of registration or license

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(A) The director of agriculture may do any of the following upon a finding that a registrant, licensee, certificate holder, or applicant has violated any provision of sections 905.31 to 905.503 of the Revised Code or any rules: (1) Revoke the registration of any grade and brand n…

Ohio Rev. Code Ann. § 905.46 Holding fertilizer offered or exposed for sale in violation of law

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The director of agriculture may issue an order to the owner or custodian of any lot of fertilizer requiring it to be held at a designated place when the director has found the fertilizer to have been offered or exposed for sale in violation of sections 905.31 to 905.503 of the Re…

Ohio Rev. Code Ann. § 905.47 Condemnation procedures

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Any lot of fertilizer not in compliance with sections 905.31 to 905.503 of the Revised Code or any rule is subject to seizure on complaint of the director of agriculture to a court of competent jurisdiction in the county in which the fertilizer is located. The court upon a findin…

Ohio Rev. Code Ann. § 905.48 Injunctions

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In addition to the remedies provided and irrespective of whether or not there exists any adequate remedy at law, the director of agriculture may apply to the court of common pleas in the county wherein any of the provisions of sections 905.31 to 905.503 of the Revised Code are be…

Ohio Rev. Code Ann. § 905.49 Restrictions not applicable to certain importers and manufacturers

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Nothing in sections 905.31 to 905.503 of the Revised Code shall be considered either to restrict the distribution of fertilizers to each other by importers or manufacturers, who mix fertilizer materials for distribution, or to prevent the free and unrestricted shipment of fertili…

Ohio Rev. Code Ann. § 905.50 Mislabeled fertilizer

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If the director of agriculture has taken an official sample of a fertilizer or mixed fertilizer and determined that it constitutes mislabeled fertilizer pursuant to rules, the person who labeled the fertilizer or mixed fertilizer shall pay a penalty to the consumer of the mislabe…

Ohio Rev. Code Ann. § 905.501 Civil penalties

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(A) Except as provided in division (B) of this section, whenever the director of agriculture has cause to believe that a person has violated, or is violating, sections 905.31 to 905.503 of the Revised Code or rules or an order issued under those sections or rules, the director ma…

Ohio Rev. Code Ann. § 905.502 Written notice of warning

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Nothing in sections 905.31 to 905.502 of the Revised Code or rules shall be construed to require the director of agriculture to report any findings to the appropriate prosecuting authority for proceedings in the prosecution of, or issue any order or institute any enforcement proc…

Ohio Rev. Code Ann. § 905.503 No local regulation of fertilizers

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(A) As used in this section: (1) "Political subdivision" means a county, township, or municipal corporation and any other body corporate and politic that is responsible for government activities in a geographic area smaller than that of the state.(2) "Local legislation" includes,…

Ohio Rev. Code Ann. § 905.51 Liming material definitions

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As used in sections 905.51 to 905.65 of the Revised Code: (A) "Liming material" means all materials, the calcium and magnesium content of which is used to neutralize soil acidity, and includes the oxide, hydrate, carbonate, and silicate forms, as defined by rule, or combinations …

Ohio Rev. Code Ann. § 905.52 Liming material license

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(A) Except as provided in section 905.53 of the Revised Code, no person shall manufacture, sell, or distribute in this state liming material without a license to do so issued by the department of agriculture. (B) Each such license expires on the thirty-first day of December of ea…

Ohio Rev. Code Ann. § 905.53 Exemption from license requirement

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No person shall be required to obtain a license to sell or distribute liming material under section 905.52 of the Revised Code if the manufacturer of the liming material that the person distributes or sells is licensed under division (A) of section 905.52 of the Revised Code.

Ohio Rev. Code Ann. § 905.54 Standards of fineness

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No person shall sell or distribute any crushed or ground liming material in this state, except the oxide and hydrate forms, unless it is processed to meet the standard of fineness of one of the grades listed in this section and contains all the fines of fracture.(A) "Superfine li…

Ohio Rev. Code Ann. § 905.55 Label information

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(A) No person shall distribute or sell liming material in packages that do not bear a label in legibly written or printed form that includes the following:(1) Net weight of contents in pounds as determined by a sealed weighing device;(2) Product name and type of liming material, …

Ohio Rev. Code Ann. § 905.57 Prohibition against divulging information secured while employed by the department

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No person shall willfully divulge any information secured while in the employ of the department of agriculture, with respect to the transactions, property, files, records, or papers of the department, or with respect to the business of any manufacturer, seller, or distributor of …

Ohio Rev. Code Ann. § 905.58 Annual statement of liming material sales

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(A) The director of agriculture shall prepare an annual statement of liming material sales, by county and by grade, as defined in section 905.54 of the Revised Code, in a manner prescribed by the director.(B) The director shall publish an annual report of the director's analysis …

Ohio Rev. Code Ann. § 905.59 Sampling and analysis

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(A) The director of agriculture may inspect, sample, and analyze any liming material utilized within the state to such extent as the director considers necessary to determine whether the liming material is in compliance with sections 905.51 to 905.65 of the Revised Code, and the …