2006 Ohio Revised Code - 907.09. Exceptions.

§ 907.09. Exceptions.

(A)  Sections 907.03, 907.07, and 907.08 of the Revised Code do not apply to: 

(1) Agricultural, vegetable, or flower seed not intended for sowing purposes; 

(2) Unprocessed agricultural, vegetable, or flower seed in storage or being transported to or consigned to a seed processing establishment , provided that the label accompanying a shipment of the seed shall bear the statement "seed for processing" and provided further that any label or other representation that is made with respect to the unprocessed seed shall be subject to sections 907.01 to 907.17 of the Revised Code; 

(3) Agricultural, vegetable, or flower seed that is in interstate transport and that is governed by 7 C.F.R. 201.33. 

(B)  In the case of agricultural, vegetable, or flower seed that is being exported in bulk or containers directly to a foreign country and that is in quantities of twenty thousand pounds or more regardless of the number of lots included, the labeling requirements established under section 907.03 of the Revised Code do not apply, provided that all of the following requirements are satisfied: 

(1) The omission, from each container or bulk unit, of a label with the required information is done with the knowledge and consent of the buyer of the seed prior to the transportation or delivery for transportation of the seed in international commerce. 

(2) Each container has stenciled on it or bears a label containing a lot designation, variety identification, and kind identification. 

(3) The invoice or other records accompanying and pertaining to the seed bear the information concerning the respective seeds that is required under section 907.03 of the Revised Code. 

(4) Records are kept available to be provided to the department of agriculture upon request in order to show proof that the seed is being exported to a foreign country for distribution. 

HISTORY: GC § 5805-5; 123 v 305, § 5; Bureau of Code Revision, RC § 907.07, 10-1-53; RC § 907.09, 135 v H 554. Eff 10-2-74; 150 v H 143, § 1, eff. 10-29-03.

Not analogous to former RC § 907.09, amended and renumbered 907.12 in 135 v H 554, eff 10-2-74.


Effect of Amendments

H.B. 143, Acts 2003, effective October 29, 2003, substituted "vegetable, or flower" for "or vegetable" in (A)(1) and (2); added "Unprocessed" to the beginning of (A)(2); added (A)(3); rewrote (B); and made minor stylistic changes. 

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