Ohio § 1729.69

§ 1729.69.

(A) No handler shall commit an unfair marketing practice, as defined in division (B)

of this section, whenever a marketing cooperative has been authorized by its members

to bargain on behalf of its members for sales contracts with the handler and any of

the following conditions exist: (1) Members of the marketing cooperative are obligated to produce and deliver agricultural

products or produce under sales contracts negotiated by the marketing cooperative. (2) Members of the marketing cooperative represent, on the yearly average calculated

over the immediate two preceding calendar years, at least fifty-one per cent of the

producers who delivered agricultural products or produce to the specified facility

of the handler under sales contracts. (3) Members of the marketing cooperative delivered, under sales contracts, on the yearly

average calculated over the immediate two preceding calendar years, at least fifty

per cent of the total amount of agricultural products delivered to the specified facility

of the handler under sales contracts. (4) The marketing cooperative, if requested by the handler, presents to the handler copies

of the agreements with its members authorizing the marketing cooperative to bargain

on behalf of its members for sales contracts for the agricultural products that are

the subject of the sales contract under negotiation. (B) For purposes of this section, it is an unfair marketing practice if either of the

following applies: (1) If the handler or the marketing cooperative that is bargaining fails to bargain in

good faith in negotiating sales contracts for agricultural products to be delivered

to a facility of the handler; (2) If a handler enters into a sales contract directly with a producer, pertaining to

agricultural products to be delivered to the same facility, with the intent to cause

the marketing cooperative to fail to meet the conditions set forth in divisions (A)(2)

and (3) of this section.