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Request for Public Comment - Grain Warehouse Rules

REQUEST FOR PUBLIC COMMENT
Grain Warehouses 

The rules in this package have been reviewed pursuant to Chapter 119 of the Revised Code and are being proposed as follows. The comment period will remain open through December 3, 2021. Comments may be emailed to ecomments@agri.ohio.gov or mailed to Legal Section, Ohio Department of Agriculture, 8995 E. Main St., Reynoldsburg, Ohio 43068.

This chapter implements and amplifies Chapter 926 of the Revised Code, Agricultural Commodity Handlers.
 
Rule 901:7-2-01 sets the license, examination, and renewal fees for agricultural commodity handlers. This rule has been amended to increase the fee for over ten million bushels and other structural amendments. 
Rule 901:7-2-02 requires that as part of the license application or renewal, each handler must submit a schedule of commodities handled in the twelve months prior. This rule has been amended to better clarify the submittal of the annual commodity statement. 
Rule 901:7-2-03 sets forth the format and content of sale tickets to be used by commodity handlers. This rule has been amended to add language for handled but not physically delivered agricultural commodities. This rule also has been amended to account for electronic copies in addition to paper. 
Rule 901:7-2-04 provides the procedure for notice and appeal of agricultural commodity handler license suspensions. This rule is proposed as rescinded. 
Rule 901:7-2-05 sets forth what is a suitable warehouse for the storing of agricultural commodities and what can be licensed as such by the Department. This rule has been amended to require shipping scales to be tested and sealed annually, includes additional language for safety, and LSC stylistic changes. 
Rule 901:7-2-06 sets forth the conditions under which additional examinations of the warehouse may take place. This rule has been amended to clarify existing requirements and includes LSC stylistic changes.
Rule 901:7-2-07 sets forth the form and schedule for remittance of the per-bushel fee required by statute. This rule is proposed as rescinded. 
Rule 901:7-2-08 sets forth the assets to be excluded in calculating the net worth of a licensee. This rule has been amended for LSC stylistic changes. 
Rule 901:7-2-09 sets forth the form for delayed pricing agreements. This rule has been amended to include electronic copies in addition to paper. 
Rule 901:7-2-10 sets forth the required training for agricultural commodity tester training and to allow testers to opt out of renewal examinations. This rule has been amended to clarify existing requirements, update incorporated materials, and includes LSC stylistic changes. 
Rule 901:7-2-11 sets forth the requirements for the application for commodity tester certificate, including the passing requirements for the exam. This rule has been amended to address new applicants or expired certificates, expiration date of the certification, and including fine information. 
Rule 901:7-2-12 sets forth which agricultural commodity buyers are exempt from licensing. This rule has been amended to further clarify those exempt from the requirement to license.