Effective: July 17, 2009
Latest Legislation: House Bill 1 - 128th General Assembly
(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 each grade of specialty fertilizer shall be made on a form furnished by the director of agriculture and shall be accompanied with a fee of fifty dollars for each brand and product name of each grade. Labels for each brand and product name of each grade shall accompany the application. Upon the approval of an application by the director, a copy of the registration shall be furnished the applicant. All registrations shall be valid for one year beginning on the first day of December of a calendar year through the thirtieth day of November of the following calendar year.
(B) An application for registration shall include the following:
(1) Name and address of the manufacturer or distributor;
(2) The brand and product name;
(3) The grade;
(4) The guaranteed analysis;
(5) The package sizes for persons that package fertilizers only in containers of ten pounds or less.
(C)(1) No person who engages in the business of applying custom mixed fertilizer to lawns, golf courses, recreation areas, or other real property that is not used for agricultural production shall be required to register the custom mixed fertilizer as a specialty fertilizer in accordance with division (A) of this section if the fertilizer ingredients of the custom mixed fertilizer are registered as specialty fertilizers and the inspection fee described in division (A) of section 905.36 of the Revised Code is paid.
(2) No person who engages in the business of blending custom mixed fertilizer for use on lawns, golf courses, recreation areas, or other real property that is not used for agricultural production shall be required to register the custom mixed fertilizer as a specialty fertilizer in accordance with division (A) of this section if the facility holds a nonagricultural production custom mixed fertilizer blender license issued under section 905.331 of the Revised Code.
(D) A person who engages in the business of applying or blending custom mixed fertilizer as described in division (C) of this section shall maintain an original or a copy of an invoice or document of sale for all fertilizer the person applies or distributes for one year following the date of the application or distribution, and, upon the director's request, shall furnish the director with the invoice or document of sale for the director's review.
(E) All money collected under this section shall be credited to the pesticide, fertilizer, and lime program fund created in section 921.22 of the Revised Code.
Structure Ohio Revised Code
Title 9 | Agriculture-Animals-Fences
Chapter 905 | Agricultural Additives and Lime; Fertilizer
Section 905.01 | Agricultural Additive Definitions.
Section 905.02 | Selling or Exchanging Unregistered Agricultural Additive.
Section 905.03 | Application for Registration of Agricultural Additive.
Section 905.04 | Label Information.
Section 905.05 | Administrative Rules.
Section 905.06 | Information Duties - Investigations.
Section 905.07 | Suspending or Revoking of Registration.
Section 905.08 | Holding Additives During Period of Suspension or Revocation.
Section 905.10 | Class Actions.
Section 905.11 | False Representations.
Section 905.31 | Fertilizer Definitions.
Section 905.32 | Application for License.
Section 905.321 | Certification Required.
Section 905.322 | Rules and Regulations Regarding Fertilizer Application.
Section 905.323 | Voluntary Nutrient Management Plans.
Section 905.324 | Confidentiality.
Section 905.325 | Civil Actions; Affirmative Defenses.
Section 905.326 | Application of Fertilizer in Western Basin.
Section 905.327 | Penalty for Unlawful Application of Fertilizer.
Section 905.33 | Registering Custom Mixed Fertilizer as a Specialty Fertilizer.
Section 905.331 | Nonagricultural Production Custom Mixed Fertilizer Blender License.
Section 905.34 | Exemption for Distributor.
Section 905.35 | Label Information.
Section 905.36 | Inspection Fees - Annual Statement of Tonnage.
Section 905.37 | Statement and Reports by Director.
Section 905.39 | Sampling and Analysis.
Section 905.40 | Administrative Rules.
Section 905.41 | Design and Construction of Storage Facilities for Anhydrous Ammonia.
Section 905.411 | Orders Prohibiting Use of Anhydrous Ammonia Equipment or System.
Section 905.43 | Mislabeled or Misrepresented Fertilizer.
Section 905.44 | Administrative Rules.
Section 905.45 | Refusing, Suspending or Revoking of Registration or License.
Section 905.46 | Holding Fertilizer Offered or Exposed for Sale in Violation of Law.
Section 905.47 | Condemnation Procedures.
Section 905.49 | Restrictions Not Applicable to Certain Importers and Manufacturers.
Section 905.50 | Mislabeled Fertilizer.
Section 905.501 | Civil Penalties.
Section 905.502 | Written Notice of Warning.
Section 905.503 | No Local Regulation of Fertilizers.
Section 905.51 | Liming Material Definitions.
Section 905.52 | Liming Material License.
Section 905.53 | Exemption From License Requirement.
Section 905.54 | Standards of Fineness.
Section 905.55 | Label Information.
Section 905.56 | Annual Tonnage Report - Inspection Fee.
Section 905.57 | Confidentiality of Information.
Section 905.58 | Annual Statement of Liming Material Sales.
Section 905.59 | Sampling and Analysis.
Section 905.60 | Mislabeled Liming Material.
Section 905.61 | Administrative Rules.
Section 905.62 | Revocation and Suspension of License or Refusal to License.
Section 905.63 | Order to Hold Material.