Ohio Revised Code Chapter 905 - Agricultural Additives And Lime; Fertilizer

• Section 905.01 - Agricultural Additive Definitions.
  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...
• Section 905.02 - Selling Or Exchanging Unregistered Agricultural Additive.
  No distributor or manufacturer shall sell, exchange, offer for sale or exchange, or distribute for sale or exchange in this state any agricultural additive...
• Section 905.03 - Application For Registration Of Agricultural Additive.
  (A) Each application for registration of an agricultural additive shall be accompanied by a registration fee of fifty dollars. Application shall be made on...
• Section 905.04 - Label Information.
  No person shall sell, exchange, offer for sale or exchange, or distribute for sale or exchange in this state any agricultural additive unless its...
• Section 905.05 - Administrative Rules.
  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...
• Section 905.06 - Information Duties - Investigations.
  The director of agriculture shall: (A) Gather information on the performance of various agricultural additives, including distributors' and manufacturers' claims, the results of investigation...
• Section 905.07 - Suspending Or Revoking Of Registration.
  The director of agriculture or his duly authorized representative may enter any property, public or private, in order to make inspections to determine whether...
• Section 905.08 - Holding Additives During Period Of Suspension Or Revocation.
  The director of agriculture may issue an order to the owner or custodian of any package or lot of an agricultural additive requiring it...
• Section 905.09 - Injunctions.
  The director of agriculture may apply to the court of common pleas for an injunction against any person who continues to sell, exchange, offer...
• Section 905.10 - Class Actions.
  Upon written request by the director of agriculture, the attorney general may join or bring class actions on behalf of persons who are adversely...
• Section 905.11 - False Representations.
  No person shall falsely represent that an agricultural additive: (A) Can be used in lieu of another product or products, including fertilizers and agricultural...
• Section 905.12 To 905.16 - [Repealed].
  Effective Date: 07-01-1968
• Section 905.17 To 905.30 - [Repealed].
  Effective Date: 01-01-1968
• Section 905.31 - [Effective Until 1/1/2016] Fertilizer Definitions.
  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...
• Section 905.31 - [Effective 1/1/2016] Fertilizer Definitions.
  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...
• Section 905.32 - Application For License.
  (A) No person shall manufacture or distribute in this state any type of fertilizer until a license to manufacture or distribute has been obtained...
• Section 905.321 - Certification Required.
  (A) Beginning September thirtieth of the third year after the effective date of this section, no person shall apply fertilizer for the purposes of...
• Section 905.322 - Rules And Regulations Regarding Fertilizer Application.
  (A) The director of agriculture shall adopt rules in accordance with Chapter 119. of the Revised Code that do all of the following: (1)...
• Section 905.323 - [Effective Until 1/1/2016] Voluntary Nutrient Management Plans.
  (A) (1) A person who owns or operates agricultural land may do any of the following: (a) Develop a voluntary nutrient management plan; (b)...
• Section 905.323 - [Effective 1/1/2016] Voluntary Nutrient Management Plans.
  (A) (1) A person who owns or operates agricultural land may do any of the following: (a) Develop a voluntary nutrient management plan; (b)...
• Section 905.324 - Confidentiality.
  (A) Except as provided in division (B) of this section, the director of agriculture, an employee of the department of agriculture, the supervisors of...
• Section 905.325 - Civil Actions; Affirmative Defenses.
  In a private civil action for claims involving or resulting from the application of fertilizer, it is an affirmative defense if all of the...
• Section 905.326 - Application Of Fertilizer In Western Basin.
  (A) (1) Except as provided in division (B) of this section, no person in the western basin shall surface apply fertilizer under either of...
• Section 905.327 - Penalty For Unlawful Application Of Fertilizer.
  (A) The director of agriculture may assess a civil penalty against a person that violates section 905.326 of t he Revised Code. The director...
• Section 905.33 - Registering Custom Mixed Fertilizer As A Specialty Fertilizer.
  (A) Except as provided in division (C) of this section, no person shall distribute in this state a specialty fertilizer until it is registered...
• Section 905.331 - Nonagricultural Production Custom Mixed Fertilizer Blender License.
  No person who engages in the business of blending a custom mixed fertilizer for use on lawns, golf courses, recreation areas, or other real...
• Section 905.34 - Exemption For Distributor.
  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...
• Section 905.35 - Label Information.
  (A) No person shall distribute in this state any type of fertilizer in packages unless the packages have placed on or affixed to them...
• Section 905.36 - Inspection Fees - Annual Statement Of Tonnage.
  (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,...
• Section 905.37 - Statement And Reports By Director.
  (A) The director of agriculture may distribute annual statements of fertilizer sales by grades of materials and mixed fertilizer by counties, in a manner...
• Section 905.38 - [Repealed].
  Repealed by 128th General AssemblyFile No.9, HB 1, §105.01, eff. 7/17/2009.
• Section 905.381 - [Repealed].
  Repealed by 128th General AssemblyFile No.9, HB 1, §105.01, eff. 7/17/2009.
• Section 905.39 - Sampling And Analysis.
  (A) The director of agriculture shall inspect and sample any fertilizer within the state to such an extent as the director considers necessary and...
• Section 905.40 - Administrative Rules.
  The director of agriculture shall adopt and enforce uniform rules: (A) Governing the storing and handling of anhydrous ammonia that is used for agricultural...
• Section 905.41 - Design And Construction Of Storage Facilities For Anhydrous Ammonia.
  (A) A storage facility for anhydrous ammonia that is used for agricultural purposes shall be designed and constructed in accordance with rules . On...
• Section 905.411 - Orders Prohibiting Use Of Anhydrous Ammonia Equipment Or System.
  The director of agriculture may issue an order prohibiting the use of anhydrous ammonia equipment or an anhydrous ammonia system found not to comply...
• Section 905.42 - Manufacturing Or Distributing Substance Injurious To Crop Growth Or Deleterious To Soil.
  No person shall manufacture or distribute in this state fertilizer containing any substance that is injurious to crop growth or deleterious to soil, provided,...
• Section 905.43 - Mislabeled Or Misrepresented Fertilizer.
  (A) No person shall distribute mislabeled fertilizer. A fertilizer is mislabeled if any false or misleading statement appears on or is attached to the...
• Section 905.44 - Administrative Rules.
  (A) The director of agriculture may adopt and enforce rules : (1) Governing the storing and handling of fertilizers; (2) For safety in the...
• Section 905.45 - Refusing, Suspending Or Revoking Of Registration Or License.
  (A) The director of agriculture may do any of the following upon a finding that a registrant, licensee, certificate holder, or applicant has violated...
• Section 905.46 - Holding Fertilizer Offered Or Exposed For Sale In Violation Of Law.
  The director of agriculture may issue an order to the owner or custodian of any lot of fertilizer requiring it to be held at...
• Section 905.461 - [Renumbered].
  Renumbered as § 905.411 by 129th General AssemblyFile No.125, SB 315, §101.01, eff. 9/10/2012. Effective Date: 10-29-1996
• Section 905.47 - Condemnation Procedures.
  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...
• Section 905.48 - Injunctions.
  In addition to the remedies provided and irrespective of whether or not there exists any adequate remedy at law, the director of agriculture may...
• Section 905.49 - Restrictions Not Applicable To Certain Importers And Manufacturers.
  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...
• Section 905.50 - Mislabeled Fertilizer.
  If the director of agriculture has taken an official sample of a fertilizer or mixed fertilizer and determined that it constitutes mislabeled fertilizer pursuant...
• Section 905.501 - No Local Regulation Of Fertilizers.
  (A) Except as provided in division (B) of this section, whenever the director of agriculture has cause to believe that a person has violated,...
• Section 905.502 - Written Notice Of Warning.
  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...
• Section 905.503 - No Local Regulation Of Fertilizers.
  (A) As used in this section: (1) "Political subdivision" means a county, township, or municipal corporation and any other body corporate and politic that...
• Section 905.51 - Liming Material Definitions.
  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...
• Section 905.52 - Liming Material License.
  (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...
• Section 905.53 - Exemption From License Requirement.
  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...
• Section 905.54 - Standards Of Fineness.
  No person shall sell or distribute any crushed or ground liming material in this state, except the oxide and hydrate forms, unless it is...
• Section 905.55 - Label Information.
  (A) No person shall distribute or sell liming material in packages that do not bear a label in legibly written or printed form that...
• Section 905.56 - Annual Tonnage Report - Inspection Fee.
  (A) Each licensee shall file with the department of agriculture an annual tonnage report that includes the number of net tons of liming material...
• Section 905.57 - Confidentiality Of Information.
  (A) All information furnished to or procured by the director of agriculture under section 905.56 of the Revised Code is for the exclusive use...
• Section 905.58 - Annual Statement Of Liming Material Sales.
  (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...
• Section 905.59 - Sampling And Analysis.
  (A) The director of agriculture may inspect, sample, and analyze any liming material utilized within the state to such extent as the director considers...
• Section 905.60 - Mislabeled Liming Material.
  (A) No person shall sell or distribute mislabeled liming material. (B) A liming material is mislabeled if any false or misleading statement appears on...
• Section 905.61 - Administrative Rules.
  The director of agriculture may, subject to Chapter 119. of the Revised Code, adopt, amend, and enforce rules and regulations to implement sections 905.51...
• Section 905.62 - Revocation And Suspension Of License Or Refusal To License.
  The director of agriculture may revoke any license, suspend any license, or refuse to license any applicant for a violation of sections 905.51 to...
• Section 905.63 - Order To Hold Material.
  (A) The director of agriculture may order the owner or custodian of any lot of liming material to hold it at a designated place...
• Section 905.64 - Condemnation Order.
  Any lot of liming material not in compliance with sections 905.51 to 905.65 of the Revised Code, or any rules adopted under those sections,...
• Section 905.65 - Injunction.
  In addition to the remedies provided and irrespective of whether or not there exists any adequate remedy at law, the director of agriculture may...
• Section 905.66 - [Repealed].
  Repealed by 128th General AssemblyFile No.9, HB 1, §105.01, eff. 7/17/2009.
• Section 905.99 - Penalty.
  (A) Except as provided in division (B) of this section, whoever violates this chapter or rules adopted under it is guilty of a misdemeanor...

Last modified: October 10, 2016