Ohio § 1729.01

§ 1729.01.

As used in this chapter: (A) “ Agricultural cooperative ” means a cooperative to which all of the following apply: (1) The cooperative engages in any activity in connection with the propagation, raising,

producing, harvesting, storing, drying, handling, processing, or marketing of agricultural

products;  procuring equipment and supplies or providing services for producers and

others;  bargaining;  and any activity related to the foregoing. (2) Producers or agricultural cooperatives exercise more than fifty per cent of the voting

control of the cooperative. (3) The cooperative does at least fifty per cent of its business with producers or agricultural

cooperatives. (B) “ Agricultural products ” includes aquacultural, horticultural, viticultural, forestry, dairy, livestock,

poultry, bee, and farm products, and the produce or byproducts of any of such products.  “ Agricultural products ” also includes algacultural products as defined in section 901.511 of the Revised Code . (C) “ Association ” means any corporation organized under this chapter. (D) “ Bargaining ” means the mutual obligation of a handler and a marketing cooperative to meet at

reasonable times and confer and negotiate in good faith.  Negotiations may include all terms relative to trading between handlers and producers.  The obligation does not require either party to agree upon price, terms of sale,

or any other marketing agreement, or to make a concession. (E) “ Board ” means the board of directors of an association. (F) “ Cooperative ” means an association or a foreign association. (G) “ Entity ,” except as otherwise provided, means a foreign association, a foreign or domestic

corporation other than a cooperative, or a foreign or domestic limited liability company. (H) “ Foreign association ” means a corporation organized under the cooperative laws of another state or the

District of Columbia or a foreign corporation organized under corporation laws of

another state, the District of Columbia, or the United States that operates on a cooperative

basis. (I) “ Handler ” means a person who acquires agricultural products under a sales contract for the

purpose of processing or reselling agricultural products. (J) “ Marketing agreement ” means an agreement, contract, or other arrangement between a cooperative and a member

in which the member agrees to market all or a part of the products or produce produced

by the member, or agrees to purchase all or a part of the member's requirements for

inputs, services, or supplies. (K) “ Marketing cooperative ” means any agricultural cooperative meeting the requirements of the “Co-operative

Marketing Associations Act,” 42 Stat. 388 (1922), 7 U.S.C.A. 291 , that negotiates sales contracts with handlers on behalf of its members and is not

in direct competition with any handler with which it negotiates such contracts. (L) “ Member ” means a person who has been qualified and accepted into membership in a cooperative. (M) “ Membership stock ” means any class of stock or other equity interest in a cooperative, continuous ownership

of which is required for membership in the cooperative. (N) “ Patron ” means a person with which a cooperative has made an enforceable agreement to allocate

and distribute a per unit retain, patronage dividend, or patronage refund with respect

to business conducted by the cooperative with or for the person. (O) “ Patronage stock ” means any stock or other equity interest in a cooperative that was originally issued

by the cooperative with respect to patronage transactions. (P) “ Person ” includes a natural person, partnership, corporation, cooperative, or other entity. (Q) “ Processing ” means changing the physical or chemical characteristics of agricultural products. (R) “ Producer ” means a person engaged in the production of agricultural products for the market,

including a lessor of real or personal property used for production of agricultural

products for the market that receives as rent part of the agricultural product. (S) “ Sales contract ” means a marketing agreement or other similar arrangement between a handler and a

producer, negotiated by the producer or by an agricultural cooperative acting as agent

for a producer, under which the producer agrees to grow or produce agricultural products

for sale to the handler.