Ohio § 907.14

§ 907.14.

(A) A person who holds a valid seed labeler permit issued under section 907.13 of the Revised Code shall report to the director of agriculture concerning the amount of seed that the

person sells in this state.  The report shall be made annually on a form that the director prescribes and provides.  The report shall be filed with the director prior to the first day of February of

each year with respect to all sales that the person made during the period from the

first day of January to the thirty-first day of December of the previous year. (B) A person who holds a valid seed labeler permit shall include with each annual report

a seed fee based on the amount of the seed that the person sold during that reporting

period as follows: (1) For soybeans and small grains, including barley, oats, rye, wheat, triticale, and

spelt, four cents per one hundred pounds; (2) For corn and grain sorghum, five cents per one hundred pounds; (3)(a) For any of the following seed sold at wholesale or retail or on consignment or commission,

two per cent of the wholesale value of the containers of seed or, if the seed is not

sold wholesale, two per cent of the retail value of the containers of seed: (i) Vegetable and flower seed sold in containers, other than hermetically sealed containers,

of eight ounces or less; (ii) Flower seed sold in hermetically sealed containers that contain fewer than three

hundred seeds; (iii) Vegetable seed sold in hermetically sealed containers that contain fewer than one

thousand seeds. (b) The fees established pursuant to divisions (B)(3)(a)(ii) and (iii) of this section

apply to both of the following: (i) Seed sold in hermetically sealed containers that contain the amount of seeds specified

in division (B)(3)(a)(ii) or (iii) of this section, as applicable; (ii) Seed sold in hermetically sealed containers that do not clearly state the number

of seeds that they contain. (c) Except as otherwise provided in division (B)(3)(b)(ii) of this section, if the weight

of seed in a container, or the quantity of seed in a container, exceeds the applicable

weight or quantity specified in division (B)(3)(a)(i), (ii), or (iii) of this section,

the fee established in division (B)(4) of this section applies. (4) For alfalfa, clover, grass, native grass, mixtures containing any of these, and all

agricultural, vegetable, and flower seeds not specified in divisions (B)(1) to (3)

of this section, ten cents per one hundred pounds. If the total amount of the seed fee that is due is less than fifty dollars, the person

shall pay no fee. (C) For each failure to report in full the amount of seed sold or to submit the required

seed fees in full by the due date, a person who holds a valid seed labeler permit

shall pay a penalty of ten per cent of the amount due or fifty dollars, whichever

is greater.  Failure to pay either the fee or the penalty within thirty days after the due date

is cause for suspension or revocation by the director of the seed labeler permit or

refusal, without a hearing, to issue a subsequent seed labeler permit for which the

person applies. (D) This section does not apply to governmental entities that donate seed for conservation

purposes. (E) All money collected under this section shall be credited to the commercial feed and

seed fund created in section 923.46 of the Revised Code .