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Home » US Law » 2022 Ohio Revised Code » Title 9 | Agriculture-Animals-Fences » Chapter 905 | Agricultural Additives and Lime; Fertilizer

Section 905.01 | Agricultural Additive Definitions.

Effective: November 5, 1981 Latest Legislation: House Bill 117 – 114th General Assembly 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 […]

Section 905.02 | Selling or Exchanging Unregistered Agricultural Additive.

Effective: November 5, 1981 Latest Legislation: House Bill 117 – 114th General Assembly 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 additive […]

Section 905.03 | Application for Registration of Agricultural Additive.

Effective: November 5, 1981 Latest Legislation: House Bill 117 – 114th General Assembly (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 […]

Section 905.04 | Label Information.

Effective: November 5, 1981 Latest Legislation: House Bill 117 – 114th General Assembly 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 […]

Section 905.05 | Administrative Rules.

Effective: November 5, 1981 Latest Legislation: House Bill 117 – 114th General Assembly 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.

Section 905.06 | Information Duties – Investigations.

Effective: September 29, 2013 Latest Legislation: House Bill 59 – 130th General Assembly 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 information available to the […]

Section 905.07 | Suspending or Revoking of Registration.

Effective: November 5, 1981 Latest Legislation: House Bill 117 – 114th General Assembly 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 […]

Section 905.08 | Holding Additives During Period of Suspension or Revocation.

Effective: November 5, 1981 Latest Legislation: House Bill 117 – 114th General Assembly 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 […]

Section 905.09 | Injunctions.

Effective: November 5, 1981 Latest Legislation: House Bill 117 – 114th General Assembly 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 […]

Section 905.10 | Class Actions.

Effective: November 5, 1981 Latest Legislation: House Bill 117 – 114th General Assembly 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 […]

Section 905.11 | False Representations.

Effective: November 5, 1981 Latest Legislation: House Bill 117 – 114th General Assembly 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 […]

Section 905.31 | Fertilizer Definitions.

Effective: October 17, 2019 Latest Legislation: House Bill 166 – 133rd General Assembly 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 […]

Section 905.32 | Application for License.

Effective: August 21, 2014 Latest Legislation: Senate Bill 150 – 130th General Assembly (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 five-dollar fee: (1) For […]

Section 905.321 | Certification Required.

Effective: August 21, 2014 Latest Legislation: Senate Bill 150 – 130th General Assembly (A) Beginning September thirtieth of the third year after the effective date of this section, 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 905.322 | Rules and Regulations Regarding Fertilizer Application.

Effective: August 21, 2014 Latest Legislation: Senate Bill 150 – 130th General Assembly (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 […]

Section 905.323 | Voluntary Nutrient Management Plans.

Effective: January 1, 2016 Latest Legislation: House Bill 64 – 131st General Assembly (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 […]

Section 905.324 | Confidentiality.

Effective: April 12, 2021 Latest Legislation: House Bill 7 – 133rd General Assembly (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 […]

Section 905.325 | Civil Actions; Affirmative Defenses.

Effective: August 21, 2014 Latest Legislation: Senate Bill 150 – 130th General Assembly 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 […]

Section 905.326 | Application of Fertilizer in Western Basin.

Effective: July 3, 2015 Latest Legislation: Senate Bill 1 – 131st General Assembly (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 […]

Section 905.327 | Penalty for Unlawful Application of Fertilizer.

Effective: July 3, 2015 Latest Legislation: Senate Bill 1 – 131st General Assembly (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 […]