Ohio Administrative Code 901:4 — Department of Agriculture | Markets

Chapter 901:4-1 Grape Industries

Ohio Adm.Code 901:4-1-01 Ohio grape industries; meetings.

(A) The Ohio grape industries committee will meet at least four times per year.

(B) Notice of meetings: Date, time, location, and purpose, when applicable, of scheduled meetings will be posted on the Ohio grape industries website, www.findohiowines.com and the Ohio department of agriculture website, www.agri.ohio.gov. Any person may obtain prior notice of all meetings, or a particular meeting, by emailing Ohio grape industries at ohgrapes@agri.ohio.gov, by writing to the "Ohio Department of Agriculture, Grape Industries Committee, 8995 East Main Street, Reynoldsburg, Ohio 43068" or by calling Ohio grape industries at 614-728-6438.

(C) Special meetings may be called by the chairperson or upon written request of a majority of the committee members. A special meeting shall not be held unless at least twenty-four hours advance notice has been provided to the news media that have requested notification, except in the event of an emergency requiring immediate official action. In the event of an emergency, the member or members calling the meeting shall immediately notify the news media that have requested notification of the time, place, and purpose of the meeting.

Last updated March 21, 2024 at 8:34 AM

History

• Effective: March 21, 2024
• Promulgated Under: 119.03

Chapter 901:4-3 Propane Council

Ohio Adm.Code 901:4-3-01 Definitions - propane council.

As used in this chapter:

(A) "Director" means the director of the Ohio department of agriculture or designee.

(B) "Propane" means liquefied petroleum gas, a material with a vapor pressure not exceeding that of commercial propane composed predominately of the following hydrocarbons or mixtures:

(1) Propane;

(2) Propylene;

(3) Butane;

(4) Butylene.

(C) "Propane council" or "council" means the propane council created under section 936.02 of the Revised Code.

(D) "Retailer" means a person engaged primarily in the sale of odorized propane to the ultimate consumer or to a retail propane dispenser.

(E) "Wholesale distributor" means a person whose primary business involves the sale of propane to a retailer.

Last updated May 26, 2026 at 7:58 AM

History

• Effective: May 26, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 901:4-3-02 Terms for propane council members.

(A) The initial members of the propane council will be assigned a length of term in order to provide staggered terms.

(B) A propane council member may serve up to three consecutive full three-year terms.

Last updated March 6, 2026 at 12:29 PM

History

• Effective: September 23, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 901:4-3-03 Meetings of the propane council.

(A) The propane council will meet at least four times per year.

(B) Notice of meetings: Date, time, and location of scheduled meetings will be posted on the Ohio department of agriculture website, www.agri.ohio.gov.

(C) Special meetings may be called by the chairperson. A special meeting shall not be held unless at least twenty-four hours advance notice has been provided to any person who has requested to be notified, including any news media that have requested notification, except in the event of an emergency requiring immediate official action. In the event of an emergency, the chairperson shall immediately notify any person who has requested to be notified, including the news media that have requested notification. Anytime a special meeting or emergency meeting is scheduled, the meeting notice will include the date, time, location, and purpose of the meeting.

(D) A simple majority of the nine members of the council shall constitute a quorum. A simple majority of concurring votes of the quorum shall be required to pass any motion or approve any committee action. The committee shall follow accepted rules of parliamentary procedure.

(E) Pursuant to division (B) of section 936.10 of the Revised Code, at least once in every five years of operation, the council, with assistance from the director, will give public notice of this rule and conduct a hearing under division (C) of section 119.03 of the Revised Code to consider the continuation of the program.

(1) Public notice of hearing will be filed with the director of the legislative service commission for the purpose of publishing the public notice on the register of Ohio's website, https://www.registerofohio.state.oh.us/. In addition, the public notice of hearing will be posted on the Ohio department of agriculture's website, www.agri.ohio.gov.

(2) Pursuant to division (C) of section 936.10 of the Revised Code, the propane council will within thirty days after the close of any hearing, consider the continuation of this marketing program, recommend continuation or termination of the program, and give public notice of the recommendation by publication on the register of Ohio's website, https://www.registerofohio.state.oh.us. In addition, the propane council will provide notice of the recommendation of the continuance or termination of the marketing program to any person who, in writing, has requested notification and will forward the recommendation to the Ohio department of agriculture with a request that it be posted on the Ohio department of agriculture's website at https://agri.ohio.gov/divisions/markets/resources/commoditymarketingprograms.

Last updated May 26, 2026 at 7:59 AM

History

• Effective: May 26, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 901:4-3-04 Funding of and collecting funds for the propane council.

(A) Each wholesale distributor or other owner of propane at the time of odorization in Ohio, or at the time of import of odorized propane into Ohio, shall make and collect an assessment based on the volume of odorized propane sold and placed into commerce in Ohio. Each wholesale distributor shall separately identify and itemize the assessment on an invoice, bill of sale, or other similar billing document given to a retailer for the sale of odorized propane.

(B) Each wholesale distributor shall:

(1) Collect the assessment from the retailer to whom the sale is made;

(2) Remit to the council the sum of the amount of the assessment multiplied by the number of gallons of propane sold to any retailer during the preceding quarter not later than the twenty-fifth day of the month following the end of the prior quarter;

(3) Keep records of the number of gallons sold to retailers, indicating the number of gallons, name of retailer, and the rate of the assessment; and

(4) Make records available to the council to determine compliance with the program.

(C) The council shall:

(1) Keep the records confidential; and

(2) Not disclose the records except to the council's accountants, attorneys, or financial advisors without a court order directing the council to do so.

Last updated March 6, 2026 at 12:29 PM

History

• Effective: September 23, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 901:4-3-05 Account of assessments.

(A) Assessments or payments received from retailers with delinquent accounts will have the assessments or payments credited to the most delinquent accounts, including partial assessments or payments. Delinquent accounts include assessments past due, interest, and all costs incurred by the propane council.

(B) When an administrative or accounting error occurs, any retailer from whom an assessment has been collected shall be entitled to request and receive a refund up to the amount of assessment, subject to submitting a properly completed refund request on a form provided by the council which has been approved by the director.

(C) Each request for a refund shall contain the following:

(1) Retailer's name and mailing address;

(2) Amount and date of the assessment;

(3) Copy of receipt showing the volume of odorized propane purchased by the retailer from the wholesale distributor; and

(4) Any other information required by the propane council for issuing the refund.

(D) Each request for a refund must be received no later than thirty days from the date of sale.

(E) Payment of refund must be made as soon as possible, but no later than thirty days from receipt of the refund request.

Last updated May 26, 2026 at 7:58 AM

History

• Effective: May 26, 2026
• Promulgated Under: 119.03

Ohio Adm.Code 901:4-3-06 Removal of a member of the propane council.

A member of the council may be removed if any one of the following occurs:

(A) The member has three consecutive unexcused absences from committee meetings. Unexcused absences are to be defined at the discretion of the council.

(B) The member ceases being a gas retailer, gas wholesale distributor, or a gas equipment dealer.

(C) The member engages in conduct that violates the laws of the state of Ohio, and a quorum present votes to dismiss that member.

Last updated May 26, 2026 at 7:58 AM

History

• Effective: May 26, 2026
• Promulgated Under: 119.03

Chapter 901:4-5 Market Development Programs

Ohio Adm.Code 901:4-5-01 Definitions.

(A) "Affected commodity" means the agricultural commodity for which a marketing program is under consideration and upon which assessments would be made.

(B) "Collection agent" means a person or agency designated by an operating committee to have the authority to solicit and collect, and forward to the treasurer of state, assessments from producers.

(C) "Director" means the director of agriculture of the state of Ohio.

(D) "Marketing year" means the time period, defined by the U.S.D.A. at http://www.usda.gov/wps/portal/usda/usdahome, when the affected commodity is marketed. In the absence of a marketing year defined by the U.S.D.A., the director shall define the marketing year.

(E) "Producer" means any person who is in the business of producing, or causing to be produced, any agricultural commodity for commercial sale during the current or preceding marketing year, except that when used in reference to nursery stock, "producer" also means a distributor, processor, handler, or retailer of nursery stock.

(F) "Agricultural commodity" means any food, fiber, feed, animal, or plant, or group of foods, fibers, feeds, animals, or plants that the director of agriculture determines to be of the same nature, in either a natural or processed state. Agricultural commodity does not include any of the following:

(1) Grain, as defined in section 924.20 of the Revised Code;

(2) Soybeans; or

(3) Hemp, as defined in section 928.01 of the Revised Code.

(G) "Person" means any natural person, partnership, sole proprietorship, limited liability company, corporation, society, agricultural cooperative as defined in section 1729.01 of the Revised Code, association, or fiduciary.

(H) "Commercial quantity" means quantities subject to assessments as defined in the proposed marketing program.

(I) "Marketed" means any quantities, as defined in the proposed marketing program, that are sold, bartered, or for which other items of value are exchanged.

(J) "Nursery stock" means any winter hardy, perennial plant.

(K) "Commercial sales" means any commercial quantity marketed.

(L) "District" means a geographic area of Ohio, except if the proposed program includes out-of-state geographic areas. All Ohio districts must be composed of contiguous counties, and counties shall not be subdivided.

(M) "Category" means a classification of production, ownership, or other characteristics to qualify persons for marketing committee membership.

(N) "Continuance hearing" means a hearing held once in every five-year period to determine whether or not a marketing program should continue in existence for another five-year period.

(O) "Teller's committee" means a committee appointed by the director to certify the results of the referendum and/or election.

(P) "Producing" means the process that begins at that point in time in which the animal is born or the seed or plant is placed in the growing media. If a commodity cannot be defined as described in this rule, the director may define that point in time where production begins.

Last updated July 29, 2024 at 8:23 AM

History

• Effective: July 27, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 901:4-5-02 Eligibility of producers.

(A) A producer, is eligible to vote in a referendum and/or election of an operating committee, conducted under authority of Chapter 924. of the Revised Code shall:

(1) Be a producer of an Ohio commodity,

(2) Be subject to the assessment upon the affected commodities, and

(3) Have produced or caused to be produced the affected commodity in the producer's own name during current or preceding marketing year in which the referendum is to be held.

(B) There shall be only one vote for each producer. In determining the eligibility of a producer, the director shall recognize the vote of the individual holding the largest financial interest, or its designee.

Last updated July 29, 2024 at 8:24 AM

History

• Effective: July 27, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 901:4-5-03 Public notice.

(A) Pursuant to section 924.04 of the Revised Code, the director shall publish in at least two periodicals a notice informing interested persons of the proposed marketing program or amendment. The public shall have an opportunity to comment on the proposed program or amendment for thirty days after the publication of the notice.

(B) In addition to paragraph (A ) of this rule, the director may hold a public hearing. Notice of such hearings will be posted on the Ohio department of agriculture's website at http://www.agri.ohio.gov/ under events.

(C) Pursuant to division (E) of section 924.06 of the Revised Code, for any referendum held on an agricultural commodity marketing program or a proposed amendment to such a program, the director or operating committee shall publish a ballot request form, at least thirty days before the beginning of a referendum, in at least two periodicals designated by the director. The director shall publish a toll-free telephone number that producers may call to request a ballot.

(D) Pursuant to division (B) of section 924.12 of the Revised Code, at least once in five years, the director will give public notice by analogy to paragraph (A) of this rule and conduct a hearing under division (C) of section 119.03 of the Revised Code to consider the continuation of the program.

(1) The director will file a copy of the public notice with the director of the legislative service commission for purposes of publishing the public notice in the register of Ohio. In addition, notice of such hearings will be posted on the Ohio department of agriculture's website at https://agri.ohio.gov/divisions/markets/resources/commoditymarketingprograms.

(2) Pursuant to division (C) of section 924.12 of the Revised Code, the director will, within thirty days after the close of any hearing, recommend continuation or termination of the program and give public notice of the recommendation by publication in the register of Ohio. In addition, the director will provide notice of the recommendation of the continuance or termination of the marketing program to any person who, in writing, has requested notification and will post the recommendation on the Ohio department of agriculture's website at https://agri.ohio.gov/divisions/markets/resources/commoditymarketingprograms.

Last updated July 29, 2024 at 8:24 AM

History

• Effective: July 27, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 901:4-5-05 Referendum.

After the director has ruled favorably for a proposed marketing program or amendment to a program, he shall hold a referendum in accordance with division (A) of section 924.06 of the Revised Code.

(A) Referendum:

(1) The director shall designate three consecutive business days to conduct in person voting at polling places.

(2) If opting to vote via mail, return mail ballots must be postmarked no later than midnight on the last day of the referendum and be received by the teller's committee within ten days from the closing date of the referendum.

(B) Polling places:

(1) The director shall designate at least two polling places.

(2) The addresses and telephone numbers of each polling place shall be published in the public notice of the referendum, as well as the dates and times each polling place is to be open.

(3) The director may designate, in addition to the polling place in paragraph (B)(1) of this rule, polling places at meetings of producer associations or general farm organizations. These polling places shall be:

(a) Exempt from telephone request for ballots as specified in division (E) of section 924.06 of the Revised Code;

(b) Published in the public notice, along with the dates and times each polling place is to be open; and

(c) Required to admit producers, without fee, for the purpose of voting.

(C) Impartial observer:

(1) The director shall appoint an impartial observer at each polling place who will be ineligible to vote in the referendum.

(2) The impartial observers shall determine the eligibility of each voter and upon finding issues with eligibility, shall report such issues of eligibility to the director.

(D) Petition forms, ballot applications, and ballots:

(1) The question(s) to be voted upon shall be presented to voters in common, understandable terms.

(2) The director may determine information required on all petitions, ballot applications, ballots and refund forms. These may include:

(a) Name and address of producer;

(b) Name and address of voter;

(c) County of residence;

(d) Certification statement signed by voter as to eligibility to vote;

(e) Social security or tax identification number on refund forms; or

(f) Any other information deemed necessary by the director.

(3) The director shall approve all ballots, ballot application forms, petitions, and refund forms.

(4) Signatures on petition forms shall be within twelve consecutive months from date of presentation to the director.

(E) The director shall appoint a teller's committee to count the ballots and determine the results of the referendum in accordance with section 924.06 of the Revised Code.

(F) In situations where a national or regional marketing program is in conflict with a state marketing program, the director, subject to the approval of the operating committee, may make minor technical changes in the state program so long as the intent of the program does not change.

Last updated July 29, 2024 at 8:24 AM

History

• Effective: July 27, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 901:4-5-06 Appointment of operating committees.

(A) Before appointing an operating committee member pursuant to section 924.07 of the Revised Code, the director shall notify producers through producer associations of the affected commodity and general farm organizations, by first class mail or by electronic means at least thirty days before appointments are made, that the director is receiving such nominations.

(B) The director shall make a reasonable effort to determine the qualifications of nominees submitted to assure that:

(1) They are qualified producers subject to the assessment;

(2) They will serve if appointed;

(3) They are knowledgeable on production and marketing of the affected commodity; and

(4) They are deemed to represent an equitable part of the production and geographic area of the state.

Last updated July 29, 2024 at 8:24 AM

History

• Effective: July 27, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 901:4-5-08 Receipt and expenditure of funds.

Pursuant to section 924.10 of the Revised Code, a commodity marketing program's operation committee shall keep accurate records of the date and amount of money received from each producer. For the purpose of Chapter 924. of the Revised Code, such records shall be maintained for a period of not less than five years.

Last updated May 6, 2024 at 9:40 AM

History

• Effective: October 12, 2015
• Promulgated Under: 119.03

Chapter 901:4-6 Ohio Proud Program

Ohio Adm.Code 901:4-6-01 Definitions.

As used in rules 901:4-6-01 to 901:4-6-06 of the Administrative Code:

(A) "Advertisement" means any written, printed, verbal or graphic representation, or combination thereof, of any product with the purpose of influencing consumer opinion as to the characteristics, qualities or image of the commodity, food, feed, or fiber except labeling information as required by any government;

(B) "Department" means the Ohio department of agriculture.

(C) "Director" means the director of the Ohio department of agriculture, or his designee.

(D) "Label" means any written, printed, or graphic design that is placed on, or in near proximity to, any product whether in the natural, processed state or any combination thereof.

(E) "License" means the written agreement through which the Ohio department of agriculture grants authorization to use the Ohio proud logo.

(F) "Logotype" and "Ohio proud logo" mean the Ohio department of agriculture registered trade marks.

(G) "Market category" means a group of similar products designated by the director of agriculture as a distinct category.

(H) "Ohio proud program" and "program" mean the promotional certification program authorized by section 901.171 of the Revised Code.

(I) "Person" means any natural person, corporation, partnership, association, or society.

(J) "Processed" means any significant change in the form or identity of a raw product through, by way of example but not limited to, breaking, milling, shredding, condensing, cutting or tanning.

(K) "Product" means any agricultural commodity, processed food, feed, fiber, or combinations thereof.

(L) "Produced in Ohio" means:

(1) That for processed products fifty per cent or more of the product by weight, if sold by weight, by measure, if sold by measure, by number, if sold by count, were grown, raised or processed in Ohio.

(2) That for raw products one hundred per cent of the product by weight, if sold by weight, by measure, if sold by measure, by number, if sold by count, were grown or raised in Ohio provided that upon recommendation from the board and acceptance by the director a lesser per cent may be allowed for a product, but in no event less than fifty per cent.

(M) "Promotion" means any enticements, bonuses, discounts, premiums, giveaways, or similar encouragements that influence consumers' opinions regarding a product.

Last updated February 6, 2024 at 9:38 AM

History

• Effective: August 13, 2018
• Promulgated Under: 119.03

Ohio Adm.Code 901:4-6-03 Application, registration, licensure, and market categories.

(A) Persons wishing to participate in the Ohio proud program shall:

(1) Apply to the director of agriculture for a license on the forms provided by the department, provide all of the information required on the forms and any additional information if requested;

(2) Submit to the department:

(a) A product registration application for each product they will market in conjunction with the logotype providing all of the information requested on the forms and any additional information requested by the director; and,

(b) A signed license agreement; and,

(c) The actual employment, a facsimile, or scanned electronic copy of the actual employment of the logotype in complete content; and,

(d) The product registration fee set by rule 901:4-6-05 of the Administrative Code; and,

(e) If requested, samples of products with which the logotype will be used.

(B) Upon compliance with paragraph (A) of this rule, and approval the actual employment of the logotype, and the product for marketing in conjunction with the logotype, a license to the applicant, register the product, and approve the employment of the logotype will be issued.

(C) Each product registered under this rule expires on December thirty-first of each calendar year. To continue use of the logotype in conjunction with a product, registration must be renewed and the registration fee paid within thirty days immediately preceding the expiration date.

(D) Products, whose registration is not renewed, may, if in the channel of distribution at expiration date, continue to be marketed in conjunction with the logotype until either sold or otherwise removed from the channel of distribution, or for one year, whichever occurs first. Products which have not been sold or otherwise removed from the channel of distribution at the end of the one-year period must discontinue use of the logotype or withdrawn from distribution.

(E) Upon expiration of a product registration or termination of a license agreement, except as provided in paragraph (D) of this rule, the licensee shall cease any and all use of the logotype in conjunction with those products for which the registration has expired or the license been terminated.

(F) The director of agriculture shall designate market categories for products and publish a schedule of the market categories and products within each market category.

Last updated April 19, 2024 at 9:40 AM

History

• Effective: April 19, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 901:4-6-05

(A) A fee of fifty dollars shall accompany the first application for registration of a product within a market category as defined in rule 901:4-6-01 of the Administrative Code. Thereafter no fee is required for registration of additional products within a market category. If an application is rejected for any reason, the fee will be returned.

(B) All applications received and approved after October first of any calendar year are valid until December thirty-first of the following calendar year with no additional application fee.

(C) All monies received from product registration fees and the sale of logotypes and promotional materials shall be credited to a dedicated rotary fund and used to finance the Ohio proud program.

Last updated April 19, 2024 at 9:40 AM

History

• Effective: April 19, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 901:4-6-04 Use of logotype, standards.

(A) The Ohio proud logo may only be used on labels and in advertising and promotion:

(1) Of products which have been produced in Ohio; and,

(2) Meet or exceed United States department of agriculture grade standards or Ohio grade standards, whichever is higher, for the intended end use of the product; and,

(3) Are produced and processed in compliance with applicable state and federal laws and regulations enacted to ensure the safety and wholesomeness of agricultural products; and,

(4) Are registered with the Ohio department of agriculture in accordance with rule 901:4-6-03 of the Administrative Code; and,

(5) By persons who have entered into a licensing agreement with the Ohio department of agriculture to use the logo.

(B) Products for which there is no United States department of agriculture or Ohio grade standard, then a grade standard established by that product's industry may be used as the grade standard for that product.

(C) The Ohio proud logo shall not be used on any products which are sub standard.

(D) Upon request of the department, any person licensed to use the logotype shall submit a representative sample of the products from the market category registered and copies of the materials utilizing the logotype.

(E) License to use the Ohio proud logo may not be sold, franchised, or otherwise transferred to any other person.

Last updated April 19, 2024 at 9:40 AM

History

• Effective: April 19, 2024
• Promulgated Under: 119.03

Chapter 901:4-7 Grain Marketing Program

Ohio Adm.Code 901:4-7-01 Definitions.

(A) "Wheat", "barley", "rye", and "oats" mean all kinds and varieties of these respective grains.

(B) "Bushel" means sixty pounds of wheat, fifty pounds of barley, fifty-six pounds of rye or thirty-two pounds of oats by weight.

(C) "Purchaser" means any person who receives first transfer of title from the producer, but not those persons who take no title but facilitate sales or marketing such as brokers, transfer agents, commission agents and transportation companies.

(D) "Market year" means the twelve consecutive month period beginning the first day of July and ending on the following thirtieth day of June.

(E) "District" means the geographical divisions of the state established pursuant to this program.

(F) "Collection agent" means a collector at the point of first sale or a person otherwise designated by the director who has the authority, as specified in this program, to collect assessments from the producers.

(G) "Net price" means the price after moisture and quality discounts or premiums, but before any deductions for storage, handling, trucking, or other services.

Last updated September 9, 2024 at 1:49 PM

History

• Effective: June 28, 2008
• Promulgated Under: 119.03

Ohio Adm.Code 901:4-7-02 Grain marketing program operating committee.

(A) The grain marketing program operating committee (committee) shall conduct activities that will create and return value to the producers and program while optimizing check-off contributions.

(B) The committee may charge interest on delinquent accounts.

(C) Elected or appointed members must be each of the following:

(1) Producers of wheat, barley, rye or oats;

(2) Subject to the assessment;

(3) An Ohio resident of legal voting age; and

(4) An individual who is a resident or farms within the district to which they are nominated, elected, or appointed.

(D) The qualifications set forth above shall continue during the term of the office. Except for redistricting, failure to maintain the qualifications set forth above shall result in a vacated committee membership.

Last updated October 20, 2024 at 7:07 AM

History

• Effective: October 20, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 901:4-7-03 Nomination of the grain marketing program operating committee.

(A) The grain marketing program shall notify Ohio farm organizations and Ohio agricultural media of committee vacancies and publish said notification in at least two agricultural periodicals.

(B) Any producer wishing to be placed on the ballot may submit his or her nomination to the director by having twenty-five or more valid signatures from producers in the district in which the producer seeks election.

(C) In the event there are more than five persons in a district having the requisite number of valid signatures to be placed on the ballot, the director shall place the names of the five nominees having the greatest number of valid signatures on the ballot.

(D) In the event there are two or more producers with an equal number of valid signatures received for a nomination, the director shall select from those seeking nomination the producer whose name shall be placed on the ballot.

(E) All producers seeking election must submit written consent statements to the director stating that their names may appear on the ballot, that they are qualified producers, and they are willing to serve on the committee.

Last updated September 9, 2024 at 1:50 PM

History

• Effective: June 28, 2008
• Promulgated Under: 119.03

Ohio Adm.Code 901:4-7-04 Election of the grain marketing program operating committee.

(A) Each elected member of the committee shall serve a full term of three years. An elected member may serve up to three consecutive full three year terms.

(B) Producers may only vote for nominees in the district in which they reside.

(C) The nominee with the greatest number of votes in each district shall be elected to the committee.

(D) In the event two or more candidates in a district receive an equal number of votes for a vacant seat on the committee, the director shall select from those district candidates the producer who shall serve on the committee.

(E) In the event a district vacancy exists for an unexpired term, the director may appoint a person from that district to fill the vacancy. Otherwise, the district will elect a new committee member in the following year's election in order to complete the term of the vacant seat. In the event no candidate exists for a vacant seat, the director shall appoint a person from that district to fill the vacancy.

Last updated October 20, 2024 at 7:07 AM

History

• Effective: October 20, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 901:4-7-05 Nomination and election districts for the grain marketing program operating committee.

For the purpose of nomination and election of members to the committee, the state of Ohio shall be divided into nine representative districts.

(A) District one shall consist of Defiance, Fulton, Henry, Lucas, and Williams counties.

(B) District two shall consist of Ottawa, Sandusky, Seneca, and Wood counties.

(C) District three shall consist of Ashland, Ashtabula, Columbiana, Crawford, Cuyahoga, Erie, Geauga, Huron, Lake, Lorain, Mahoning, Medina, Portage, Richland, Stark, Summit, Trumbull, and Wayne counties.

(D) District four shall consist of Paulding, Putnam, and Van Wert counties.

(E) District five shall consist of Hancock, Hardin, and Wyandot counties.

(F) District six shall consist of Allen, Auglaize, Logan. Mercer, and Shelby counties.

(G) District seven shall consist of Belmont, Carroll, Coshocton, Delaware, Franklin, Guernsey, Harrison, Holmes, Jefferson, Knox, Licking, Madison, Marion, Morrow, Muskingum, Tuscarawas, and Union counties.

(H) District eight shall consist of Butler, Champaign, Clark, Clermont, Clinton, Darke, Greene, Hamilton, Miami, Montgomery, Preble, and Warren counties.

(I) District nine shall consist of Adams, Athens, Brown, Fairfield, Fayette, Gallia, Highland, Hocking, Jackson, Lawrence, Meigs, Monroe, Morgan, Noble, Perry, Pickaway, Pike, Ross, Scioto, Vinton, and Washington counties.

Last updated September 9, 2024 at 1:50 PM

History

• Effective: June 28, 2008
• Promulgated Under: 119.03

Ohio Adm.Code 901:4-7-06 Meetings of the grain marketing program operating committee.

(A) Regular meetings will be held at least quarterly each calendar year.

(B) A simple majority of the nine members of the committee shall constitute a quorum. A simple majority of concurring votes of the quorum shall be required to pass any motion or approve any committee action.

(C) The committee shall follow accepted rules of parliamentary procedure.

Last updated October 20, 2024 at 7:07 AM

History

• Effective: October 20, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 901:4-7-07 Funding of and collecting funds for the grain marketing program.

(A) Producers of wheat, barley, rye or oats are subject to one-half of one percent assessment of the per-bushel price of wheat, barley, rye or oats. This assessment will be taken on the net market price, and collected at the first point of sale.

(B) If wheat, barley, rye or oats are sold or marketed through Ohio grain elevators, seed companies, or other collection points designated by the director, those collection points shall be the designated collection agent. For wheat, barley, rye or oats sold or marketed at points other than indicated above, the producer shall be the designated collection agent. Collection agents are responsible for collection and remittance of the assessment in accordance with the requirements set forth in section 924.26 of the Revised Code. At the request of the producer, the collection agents shall be responsible for stamping the receipt of the assessed producer with an official mark identifying the collection point.

(C) Delayed price wheat, barley, rye and oats assessments shall be made when priced by the producer.

(D) Wheat, barley, rye, or oats used as a security under commodity credit corporation shall be assessed at the time title of the grain transfers. After the assessment is made, the producer shall receive notice and proof of the assessment. If the producer defaults and the creditor forecloses on the grain, the producer shall pay the assessment.

(E) The collection agent shall remit the assessment and assessment records no later than the fifteenth day following the last day of the quarter of collection to the committee. The quarterly reporting periods are:

(1) July first through September thirtieth, with the remittance and report due October fifteenth;

(2) October first through December thirty-first, with the remittance and report due January fifteenth;

(3) January first through March thirty-first, with the remittance and report due April fifteenth; and

(4) April first through June thirtieth, with the remittance and report due July fifteenth.

(F) The producer's liability ceases when the assessment is collected by the designated collection agent. Collection agents are responsible for all fees due, records, and submitting collections on or before due dates.

(G) The collection agent shall maintain the following records: numerical scale tickets kept in sequential order, settlement sheets, daily position records showing transfers in and out and any other records prescribed by the director or his designee. The director or his designee may review the records of the collection agent during normal business hours. The committee shall keep accurate records of the amount of the assessments and the date each assessment was received. These records shall be maintained as prescribed by the state of Ohio.

Last updated September 9, 2024 at 1:50 PM

History

• Effective: June 28, 2008
• Promulgated Under: 119.03

Ohio Adm.Code 901:4-7-08 Accounting of assessments.

(A) Assessments or payments received from producers with delinquent accounts will have the assessments or payments credited to the most delinquent account, including partial assessments or payments. Delinquent accounts include assessments past due, interest, and all costs incurred by the committee.

(B) Any producer from whom an assessment has been collected shall be entitled to request and receive a refund up to the amount of assessment, subject to submitting a properly completed refund request on a form approved and provided by the director.

(C) Each request for a refund shall contain the following:

(1) Producer's name and mailing address;

(2) Amount and date of the assessment;

(3) Copy of receipt showing official mark and collection point if sold or marketed through an elevator in Ohio; and

(4) Any other information required by the program for issuing the refund.

(D) Each request for a refund must be postmarked no later than midnight thirty days from date of sale or marketing. The date of the refund request is the postmark, or the date the request is received, if the postmark is missing or illegible.

(E) Payment of refund must be made as soon as possible, but no later than thirty days from receipt of the refund request.

Last updated September 9, 2024 at 1:50 PM

History

• Effective: June 28, 2008
• Promulgated Under: 119.03

Ohio Adm.Code 901:4-7-09 Removal of a member of the grain marketing program operating committee.

A member of the committee may be removed from the board if any one of the following occurs:

(A) The member has three consecutive unexcused absences from committee meetings. Unexcused absences are to be defined at the discretion of the committee.

(B) The member ceases being a producer as defined by the grain marketing program rules.

(C) The member engages in conduct that violates the laws of the state of Ohio, and a quorum present votes to dismiss that member.

Last updated September 9, 2024 at 1:51 PM

History

• Effective: June 28, 2008
• Promulgated Under: 119.03

Ohio Adm.Code 901:4-7-10 Soybean Marketing Program.

Except as provided in this rule, the procedures, requirements and other provisions that are established under rules 901:4-7-01 to 901:4-7-09 of the Administrative Code apply to the soybean marketing program and soybean marketing program operating committee. For application of that purpose, references to "grain," "wheat," "barley," or "oats" in rules 901:4-7-01 to 901:4-7-09 of the Administrative Code are deemed to be replaced with "soybeans."

(A) No assessment on soybeans will be levied if assessments are already levied under the "Soybean Promotion, Research, and Consumer Information Act," 104 Stat. 3881 (1990) 7 U.S.C. 6301 et seq.

(B) The definitions in rule 901:4-7-01 of the Administrative Code will be amended as follows:

(1) "Bushel" means sixty pounds of soybeans by weight; and

(2) "Market year" means the twelve consecutive month period beginning the first day of October and ending on the following thirtieth day of September.

(C) For the purpose of nomination and election of members to the committee, the state of Ohio is divided into the following representative districts:

(1) District one: Fulton, Henry, Lucas and William counties;

(2) District two: Erie, Ottawa, Sandusky and Wood counties;

(3) District three: Ashland, Ashtabula, Columbiana, Cuyahoga, Geauga, Lake, Huron, Lorain, Mahoning, Medina, Portage, Richland, Summit, and Trumbull counties;

(4) District four: Defiance, Paulding, and Van Wert counties;

(5) District five: Allen, Hancock, and Putnam counties;

(6) District six: Crawford, Seneca, and Wyandot counties;

(7) District seven: Auglaize, Mercer, Miami and Shelby counties;

(8) District eight: Champaign, Hardin, and Logan counties;

(9) District nine: Delaware, Marion, Morrow, and Union counties;

(10) District ten: Butler, Darke, Hamilton, Montgomery, and Preble counties;

(11) District eleven: Clark, Greene, and Madison counties;

(12) District twelve: Belmont, Carroll, Coshocton, Fairfield, Franklin, Guernsey, Harrison, Holmes, Jefferson, Knox, Licking, Monroe, Morgan, Muskingum, Noble, Perry, Stark, Tuscarawas, and Wayne counties;

(13) District thirteen: Adams, Brown, Clermont, Clinton, Highland, and Warren counties; and

(14) District fourteen: Athens, Fayette, Gallia, Hocking, Jackson, Lawrence, Meigs, Pickaway, Pike, Ross, Scioto, Vinton, and Washington counties.

(D) The director will appoint four additional members to the committee. At the initial appointment of members, the director will give consideration to any Ohio soybean producer representatives who sit on the united soybean board.

(E) All eighteen members of the soybean marketing program operating committee are voting members.

Last updated October 20, 2024 at 7:07 AM

History

• Effective: October 20, 2024
• Promulgated Under: 119.03