Ohio § 924.04

§ 924.04.

(A) Except as provided in division (E) of this section, producers of an Ohio agricultural

commodity may present the director of agriculture with a petition signed by the lesser

of one thousand or twenty per cent of all such producers requesting that the director

hold a referendum in accordance with section 924.06 of the Revised Code to establish a marketing program for that commodity or to amend an existing program. (B) At the time of presentation of the petition to the director under division (A) of

this section, the petitioners also shall present the proposed amendment or a proposed

program, which shall include all of the following: (1) The rate of assessment to be made on the marketable agricultural commodity, which

shall not exceed two per cent of the average market price of that agricultural commodity

during the preceding marketing year as defined by the United States department of

agriculture or, if there is no such definition, by the director; (2) Terms, conditions, limitations, and other qualifications for assessment; (3) Procedures to refund the assessment; (4) Requirements for appointed or elected committees. (C) Before making a decision under this division to approve or disapprove a proposed

program or an amendment, including an amendment proposed under division (E) of this

section, the director shall publish in at least two appropriate periodicals designated

by the director a notice that the program or amendment has been proposed and informing

interested persons of the procedures for submitting comments regarding the proposal.  After publishing the notice, the director shall provide interested persons with

a copy of the proposed program or proposed amendment to an existing program and an

opportunity to comment on the proposed program or amendment for thirty days after

the publication of the notice.  The petitioners may make changes to the proposed program or amendment based upon

the comments received.  The director may make technical changes to the proposal to ensure compliance with sections 924.01 to 924.16 of the Revised Code .  Subsequent to any changes made by the petitioners or any technical changes made

by the director to a proposed program or amendment to an existing program, the director

may approve or disapprove the proposed program or amendment to an existing program. (D) If the director approves a program or amendment proposed under division (A) of this

section, with any changes made under division (C) of this section, the director shall

hold a referendum in accordance with section 924.06 of the Revised Code to establish a marketing program for that commodity or to amend an existing program. (E)(1) Notwithstanding any other provisions of this chapter, at the request of an operating

committee, the director may approve an amendment to an established marketing program

without a referendum for any of the following reasons: (a) Making changes necessary to comply with revisions or additions to or deletions from

this chapter enacted after the establishment of the marketing program; (b) Correcting typographical errors or making other grammatical or nonsubstantive wording

changes; (c) Updating the marketing program's governance provisions other than those addressing

the rate of assessment on the marketable agricultural commodity, a producer's right

to a refund, a change in the definition of producer, and the termination of the marketing

program; (d) Adjusting the representation on the marketing program's operating committee to reflect

shifts in geographic location of producers and volume of a commodity's production. (2) The procedures and requirements established under division (C) of this section apply

to an amendment proposed under division (E) of this section. (3) As used in division (E)(1) of this section, “ established marketing program ” includes a marketing program established by referendum under this section or otherwise

established under this chapter.