Ohio § 926.01

§ 926.01.

As used in this chapter: (A) “ Agricultural commodity ” means corn, soybeans, wheat, or any other agricultural crop that the director of

agriculture may designate by rule.  “Agricultural commodity” does not mean any grain that is purchased for sale as seed. (B) “ Agricultural commodity handling ” or “ handling ” means any of the following: (1) Engaging in or participating in the business of purchasing from producers agricultural

commodities for any use in excess of thirty thousand bushels annually; (2) Operating a warehouse as a bailee for the receiving, storing, shipping, or conditioning

of an agricultural commodity; (3) Receiving into a warehouse an agricultural commodity purchased under a delayed price

agreement; (4) Providing marketing functions, including storage, delayed price marketing, deferred

payment, feed agreements, or any other marketing transaction whereby control is exerted

over the monetary proceeds of a producer's agricultural commodities by a person other

than the producer. (C) “ Agricultural commodity handler ” or “ handler ” means any person who is engaged in the business of agricultural commodity handling. (D) “ Depositor ” means: (1) Any person who delivers an agricultural commodity to a licensed handler for storage,

conditioning, shipment, or sale; (2) Any owner or legal holder of a ticket or receipt issued for an agricultural commodity

who is a creditor of the licensed handler for the value of the agricultural commodity; (3) Any licensed handler storing an agricultural commodity that the licensed handler

owns solely, jointly, or in common with others in a warehouse owned or controlled

by the licensed handler or any other licensed handler. (E) “ Receipt ” means a warehouse receipt issued by a licensed handler. (F) “ Nonnegotiable receipt ” means a receipt on which it is stated that the agricultural commodity received will

be delivered to the depositor or to the order of any other person named in the receipt. (G) “ Negotiable receipt ” means a receipt on which it is stated that the agricultural commodity received will

be delivered to the bearer or to the order of any person named in the receipt. (H) “ Ticket ” means a scale weight ticket, a load slip, or any evidence, other than a receipt,

given to a depositor by a licensed handler upon delivery of an agricultural commodity

to the handler. (I) “ Warehouse ” means any building, bin, protected enclosure, or similar premises under the control

of a licensed or unlicensed handler used for receiving, storing, shipping, or handling

an agricultural commodity. (J) “ Storage ” means the deposit of an agricultural commodity into a warehouse either for the account

of the licensed handler operating the warehouse or for the account of a depositor.  “ Storage ” includes unapplied and hold grain tickets. (K) “ Producer ” means any person who grows an agricultural commodity on land that the person owns

or leases. (L) “ Agent ” means any person, other than a producer, who delivers an agricultural commodity

to a licensed handler, either for sale or for storage, for the account of the producer. (M) “ Agricultural commodity tester ” or “ tester ” means a person who operates a moisture meter and other quality testing devices to

determine the quality of an agricultural commodity. (N) “ Federally licensed grain inspector ” means a person who is licensed by the United States department of agriculture under

the “United States Grain Standards Act,” 39 Stat. 482 (1916), 7 U.S.C. 71 , as amended, to test and grade grain, as “grain” is defined in that act. (O) “ Bailee ” means a person to whom an agricultural commodity is delivered in trust for storage

in a warehouse with title remaining in the name of the depositor. (P) “ Bailor ” means a person who delivers an agricultural commodity to a bailee in trust for storage

in a warehouse with title remaining in the name of the depositor. (Q) “ Bailment agreement ” means a bailor-bailee agreement between a depositor and a licensed handler as stated

in the terms of a receipt that is issued for an agricultural commodity in storage

and subject to the requirements of this chapter governing the use of a receipt. (R) “ Delayed price agreement ” means a written executory contract executed by and between a licensed handler and

a depositor that covers the sale and transfer of title of an agricultural commodity

and states in its written terms the service charges and the method for pricing the

commodity at a later date. (S) “ Delayed price marketing ” means the sale and transfer of title of an agricultural commodity with the price

to be established at a later date according to the terms of a delayed price agreement. (T) “ Deferred payment ” means the deferral of payment to a depositor by a licensed handler for an agricultural

commodity to which the licensed handler has taken title, for the purpose of deferring

income of the depositor from one tax year to another. (U) “ Feed agreement ” means a written contract executed by and between a licensed handler and a producer

or depositor who delivers an agricultural commodity to the licensed handler for storage

whereby each of the following applies: (1) The producer or depositor transfers title to the agricultural commodity to the licensed

handler in exchange for a nominal sum; (2) The producer, upon delivery of the agricultural commodity to the licensed handler,

becomes a creditor of the licensed handler due to the lien that arises under section 926.021 of the Revised Code ; (3) All or part of the agricultural commodity is returned to the producer at a later

date and used for feed purposes. (V) Notwithstanding section 1.02 of the Revised Code , “and” shall not be read “or” and “or” shall not be read “and.” (W) “ Grain bank ” means the storage of an agricultural commodity under a bailment agreement with the

commodity normally returned to the bailor at a later date as an ingredient of a processed

feed.  “Grain bank” as defined in this division has the same meaning for purposes of agricultural

commodity transactions. (X) “ Regular price bid ” means the current basis bid or cash price of a handler licensed under this chapter.