Effective: July 17, 2009
Latest Legislation: House Bill 1 - 128th General Assembly
(A) Each licensee shall file with the department of agriculture an annual tonnage report that includes the number of net tons of liming material sold or distributed to a non-licensee in this state, by county, by oxide and hydrate forms, and by grade as defined in section 905.54 of the Revised Code, within forty days after the thirty-first day of December of each calendar year. The inspection fee at the rate stated in division (B) of this section shall accompany this report.
(B) Each licensee who sells or distributes more than twenty-five hundred tons of agricultural liming material in this state shall pay to the department an inspection fee. The inspection fee is one fourth of one cent for each ton in excess of twenty-five hundred tons, as reported in the tonnage report required by division (A) of this section. The maximum inspection fee is three hundred dollars.
(C) If a tonnage report is not filed, or if the inspection fee is not paid within ten days after the due date, a penalty of ten per cent of the amount due, with a minimum penalty of ten dollars, shall be assessed against the licensee. The amount of fee due, plus penalty, shall constitute a debt and shall become the basis of a judgment against the licensee. Such remedy is in addition to the remedy provided in section 905.62 of the Revised Code.
(D) The director of agriculture may inspect the inventories, books, and records of any licensee in order to verify a tonnage report. If the director finds that a tonnage report is erroneous, the director may adjust the inspection fee, may assess any balance due against the licensee, and may impose a penalty not to exceed ten per cent of the balance due, or may refund any overpayment.
(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.