Ohio Administrative Code - Rules Related to Auctioneers
The Ohio Administrative Code (OAC) are rules that have been promulgated from the authority granted to the Ohio Department of Agriculture from the Ohio Legislature. These rules have been established to cover Auctioneers, Apprentice Auctioneers, Auction Companies and Auction Schools.
Ohio Revised Code - Laws Related to Auctioneers
The Ohio Revised Code (ORC) is the set of laws created by the Ohio Legislature to govern the state of Ohio.
Other Laws That May Affect Auctioneers
The auctioneer profession is governed primarily by Chapter 4707 of the Ohio Revised Code, but due to the widely diversified types of goods sold at auction and the importance to the public of regulating the quality of these goods, many laws and regulations other than those of the Chapter 4707 of the Ohio Revised Code also have a direct impact on auctioneers. These laws and regulations place restrictions on what may be sold at auction or set up conditions under which certain items must be sold. It is the responsibility of the licensee to make sure that they are in compliance with all aspects of federal, state, and local laws affecting auctioneering.
Honey Bee Colonies and used Beekeeping Equipment may not be offered for sale, sold, given, or bartered without a permit. The permit or copy must accompany a transfer of ownership. Permits may be obtained from the Ohio Department of Agriculture, after it has been determined by inspection that bees and/or equipment are apparently free of disease and provided the owner of the bees has the apiary currently registered. No charge is made for inspection or permit. For additional information contact the Apiary Section, Ohio Department of Agriculture at (614) 728-6373.
Nursery Stock (trees, shrubs, evergreens, berry plants, perennials, and other winter hardy plants and bulbs) must be: a) Inspected and found free of injuries, insect and plant diseases, and must be so certified; b) Correctly labeled as to name; and c) Viable. Either a grower’s license or a nursery dealer’s license for each particular location must be displayed at the place of sale. Additional information may be obtained by contacting the Plant Pest Control Section, Ohio Department of Agriculture at (614) 728-6400.
Pesticides may not be sold or offered for sale except in the manufacturer’s unbroken immediate container, to which is affixed a label that can be clearly read. The label must bear the manufacturer’s name, trade name or brand, net weight or measure, federal registration number if so registered, percent of active ingredients, proper direction for use and disposal, and precautions. For exact formulations of the restricted pesticides and a license, the Pesticide Regulation Section, Ohio Department of Agriculture should be contacted. It is strongly recommended that the Department of Agriculture be contacted at (614) 728-6987 prior to sale of any pesticides.
Seeds may not be sold for seed at public auction and may not be advertised for sale unless the seed is properly labeled and the seller complies fully with Ohio Seed Law. After an analysis is obtained, the seller must purchase from the Ohio Department of Agriculture, seed inspection fee tags which are used in different denominations according to the kind of seed and weight of the container. Persons contemplating offering seed “for sale” should consult the Ohio Department of Agriculture at (614) 728-6390 to be certain as to the information required on the tag and correct denomination of the tag.
Other agricultural commodities, such as grains, produce, and home canned goods may be restricted in sales at auction. Anyone participating in such sales should contact the Ohio Department of Agriculture at (614) 728-6200 in order to insure proper compliance with all laws and regulations.
The sale of firearms is regulated by the Federal Gun Control Act, as well as other Federal, State and Local laws. All auctioneers should check with legal counsel or ATF and local law enforcement agencies to ensure compliance with all applicable laws. ATF may be reached via phone at 1-800-283-4867. Any questions or concerns should be directed to the ATF or legal counsel.
The sale of animal trophy mounts or exotic animals There are many state and federal laws as well as international trade agreements which restrict the sale (by auction or otherwise) of birds, animals, ivory, and other game related trophies. This is a much regulated area, and auctioneers should start with their local Ohio Department of Wild Life Game Warden for advice and information as well as the US Fish & Wildlife Agency. The Ohio Department of Wildlife central office is (614) 265-6300.
Liquor may not be sold at auction, or otherwise, by persons not holding sellers’ permits from the Department of Liquor Control. It is also unlawful to buy liquor from unauthorized agents, or persons not holding permits to sell. Any questions regarding the sale of liquor at auction should be directed to the Department of Liquor Control, Columbus, Ohio at (614) 644-2360.
Motor vehicles (cars, trucks, trailers, etc.) may be sold at auction when done in the nature of casual or isolated sales without first obtaining a motor vehicle salesman license or motor vehicle auction owner’s license. (Sales made in a more or less continuous succession are not considered casual or isolated and will require the proper licenses.) For further information as to the number of sales permissible as casual or isolated, the Bureau of Motor Vehicles should be contacted at (614) 752-7636.
Bedding and Upholstered Goods ORC 3723.01 to 3713.11, which is regulated by the Ohio Department of Commerce, Department of Industrial Compliance, requires that every article of bedding (including upholstered furniture, pillows, stuffed toys, etc.) which is sold or possessed for sale must have a cloth label or tag attached, containing such information and data as prescribed by the Ohio Department of Commerce, Department of Industrial Compliance. Additional informal on the bedding law may be obtained from the Ohio Department of Commerce, Department of Industrial Compliance at (614) 644-2223.
Taxes Where auctions are conducted at regular or frequent intervals by the same person or persons, at a place of business subject to their control, the person or persons conducting such auction must produce a vendor’s license and collect applicable sales and use taxes regardless of whether the merchandise sold is owned by them or by other individuals who have contracted to pay, in some way, for the services of the auctioneer. Where the owner of goods sold at auction at the owner’s place of business is engaged in the business of selling tangible personal property, the auctioneer is deemed to be the agent of the owner and the owner is responsible for collection of the tax on each transaction. Additional information may be obtained by contacting the Ohio Department of Taxation, Sales and Use Tax Department at (888) 405-4039.