Ohio § 901.43

§ 901.43.

(A) As used in this section, “ certificate of free sale ” means a document issued by the director of agriculture that certifies to states

and countries receiving the listed product that the product being exported is freely

marketed without restriction in the United States. (B) The director may authorize any department of agriculture laboratory to perform a

laboratory service for any person, organization, political subdivision, state agency,

federal agency, or other entity, whether public or private.  The director shall adopt and enforce rules to provide for the rendering of a laboratory

service. (C) The director may charge a reasonable fee for the performance of a laboratory service,

except when the service is performed on an official sample taken by the director acting

pursuant to Title IX, Chapter 3715., or Chapter 3717. of the Revised Code;  by a board

of health acting as the licensor of retail food establishments or food service operations

under Chapter 3717. of the Revised Code;  or by the director of health acting as the

licensor of food service operations under Chapter 3717. of the Revised Code.  The director of agriculture shall adopt rules specifying what constitutes an official

sample. The director shall publish a list of laboratory services offered, together with the

fee for each service. (D) The director may enter into a contract with any person, organization, political subdivision,

state agency, federal agency, or other entity for the provision of a laboratory service. (E)(1) The director may adopt rules establishing standards for accreditation of laboratories

and laboratory services and in doing so may adopt by reference existing or recognized

standards or practices. (2) The director may inspect and accredit laboratories and laboratory services, and may

charge a reasonable fee for the inspections and accreditation. (F)(1) There is hereby created in the state treasury the animal and consumer protection

laboratory fund.  Moneys from the following sources shall be deposited into the state treasury to

the credit of the fund:  all moneys collected by the director under this section that

are from fees generated by a laboratory service performed by the department and related

to the diseases of animals, all moneys so collected that are from fees generated for

the inspection and accreditation of laboratories and laboratory services related to

the diseases of animals, all moneys collected by the director under this section that

are from fees generated by a laboratory service performed by the consumer protection

laboratory, all moneys so collected that are from fees generated for the inspection

and accreditation of laboratories and laboratory services not related to weights and

measures, money received by the director under sections 947.01 to 947.06 of the Revised Code , and all moneys collected under Chapter 953. of the Revised Code that are not credited

to the animal and consumer protection fund created in section 943.26 of the Revised Code .  The director may use the moneys held in the fund to pay the expenses necessary to

operate the animal industry laboratory and the consumer protection laboratory, including

the purchase of supplies and equipment. (2) All moneys collected by the director under this section that are from fees generated

by a laboratory service performed by the weights and measures laboratory, and all

moneys so collected that are from fees generated for the inspection and accreditation

of laboratories and laboratory services related to weights and measures, shall be

deposited in the state treasury to the credit of the weights and measures laboratory

fund, which is hereby created in the state treasury.  The moneys held in the fund may be used to pay the expenses necessary to operate

the division of weights and measures, including the purchase of supplies and equipment. (G)(1) The director may authorize any department of agriculture division or program to issue

a certificate of free sale to any person, organization, political subdivision, state

agency, federal agency, or other entity, whether public or private.  The director may charge a fee of fifty dollars for issuance of a certificate of

free sale.  The director shall adopt and enforce rules in accordance with Chapter 119. of the

Revised Code to provide for the issuance of the certificates of free sale. (2) All money collected by the director under this section that is from fees related

to the issuance of certificates of free sale shall be credited to the appropriate

program fund administered by the department. (H)(1) Information, reports, and other records furnished, procured, or used in any department

of agriculture laboratory to perform a laboratory service is not a public record.  Any details that would identify a particular person, business, or premises that

submitted a specimen to any such laboratory shall be treated as confidential and shall

not be disclosed, unless the director elects to share such information with one of

the following: (a) A local, state, or federal agency for use in the discharge of such agency's official

public duties; (b) An institution of higher education. The director may enter into an agreement with a local, state, or federal agency or

with an institution of higher education that requires information shared under division

(H)(1) of this section to be kept confidential. (2) The director may prepare and publish statistical information without disclosing details

that would identify a particular person or business client.