SENATOR Mumper

To amend sections 907.42, 921.01, 921.02, 921.021,

1

921.06, 921.08, 921.09, 921.10, 921.11, 921.13,

2

921.14, 921.151, 921.16, 921.18, 921.22 to 921.27,

3

921.29, 921.30, and 921.99; to amend, for the

4

purpose of adopting new section numbers as

5

indicated in parentheses, section 921.021 (921.09),

6

921.08 (921.19), 921.09 (921.12), 921.151 (921.22),

7

921.22 (921.08), 921.23 (921.26), 921.24 (921.23),

8

921.25 (921.24), and 921.26 (921.25), and 921.30

9

(921.31); to enact new section 921.30; and to

10

repeal sections 921.07 and 921.12 of the Revised

11

Code to revise the Pesticides Law.

12

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 907.42, 921.01, 921.02, 921.021,	13
921.06, 921.08, 921.09, 921.10, 921.11, 921.13, 921.14, 921.151,	14
921.16, 921.18, 921.22, 921.23, 921.24, 921.25, 921.26, 921.27,	15
921.29, 921.30, and 921.99 be amended, sections 921.021 (921.09),	16
921.08 (921.19), 921.09 (921.12), 921.151 (921.22), 921.22	17
(921.08), 921.23 (921.26), 921.24 (921.23), 921.25 (921.24),	18
921.26 (921.25), and 921.30 (921.31) be amended for the purpose	19
of adopting new section numbers as indicated in parentheses, and	20
new section 921.30 of the Revised Code be enacted to read as	21
follows:	22

Sec. 907.42.  No person shall sell, distribute, or have in	23
histhe person's possession for sale, a poisonous seed treatment	24
material in the state unless suchthe material meets the color	25
standards or specifications that are established by the director	26
of agriculture pursuant to section 907.43 of the Revised Code.	27
Products sold and distributed as seed treatments shall conform to	28
directions for use on labels accepted for registration under	29
sections 921.11 to 921.20, inclusive,Chapter 921. of the Revised	30
Code, and the federal "Insecticide, Fungicide and Rodenticide	31
Act," 61 Stat. 163 (1947), 7 U.S.C.A. 135, as amended.	32

Sec. 921.01.  As used in sections 921.01 to 921.29 of the	33
Revised Codethis chapter:	34

(A) "Active ingredient" means any ingredient that will	35
prevent, destroy, kill, repel, control, or mitigate any pest, or	36
that will act as a plant regulator, defoliant, or desiccant.	37

(B) "Adulterated" shall apply to any pesticide if its	38
strength or purity is less than or greater than the professed	39
standard or quality as expressed on its labeling or under which it	40
is sold, if any substance has been substituted wholly or in part	41
for the pesticide, or if any valuable constituent of the pesticide	42
has been wholly or in part abstracted.	43

(C) "Agricultural commodity" means any plant or part thereof	44
or animal or animal product, produced for commercial use by a	45
person, including farmers, ranchers, vineyardists, plant	46
propagators, Christmas tree growers, aquaculturists,	47
floriculturists, orchardists, foresters, or other comparable	48
persons, primarily for the sale, consumption, propagation, or	49
other use, by manhumans or animals.	50

(D) "Aircraft" means any device used or designed for	51
navigation or flight in the air, except a parachute or other	52
device used primarily as safety equipment.	53

(E) "Animal" means all vertebrate and invertebrate species,	54
including, but not limited to, manhumans and other mammals,	55
birds, fish, and shellfish.	56

(F) "Authorized diagnostic inspection" means a diagnostic	57
inspection conducted by a commercial applicator in the	58
pesticide-use category in which the commercial applicator is	59
licensed under this chapter.	60

(G) "Beneficial insects" means those insects that, during	61
their life cycle, are effective pollinators of plants, are	62
parasites or predators of pests, or are otherwise beneficial.	63

(G)(H) "Brand" means any word, name, symbol, device, or any	64
combination thereof, that serves to distinguish the pesticide	65
manufactured or distributed by one person from that manufactured	66
or distributed by any other person.	67

(H) "Certification" means the recognition by a certifying	68
agency that a person is competent and authorized to use or	69
directly supervise the use of restricted use pesticides.	70

(I) "CertifiedPesticide applicator" means an individual who	71
is certified by the director of agriculture to use or to directly	72
supervise the use of restricted use pesticides in categories	73
specified in the certification or for specific uses named in the	74
permita commercial applicator or a private applicator.	75

(J) "Private applicator" means an individual who is certified	76
licensed under section 921.11 of the Revised Code and who uses or	77
directly supervises the use of any restricted use pesticide for	78
purposes of producing any agricultural commodity on property owned	79
or rented by him or his employer or, if applied without	80
compensation other than trading of personal services between	81
producers of agricultural commodities, on the property of another	82
person.	83

(K) "Commercial applicator" means an individual who is	84
certified as a custom applicator, a custom operator, or a public	85
operator, whether or not he is a private applicator with respect	86
to some uses, and who uses or directly supervises the use of any	87
pesticide, "Commercial applicator" includes an individual who	88
provides diagnostic inspections to determine infestations of pests	89
on property, or who offers pest control services, other than as	90
provided by the definition of " private applicatoris licensed	91
under section 921.06 of the Revised Code to apply pesticides or	92
to conduct authorized diagnostic inspections."	93

(L) "Limited commercial applicator" means an individual other	94
than a private applicator who limits his pesticide application	95
activities including direct supervision of the use of pesticides	96
to his own property or to that of his principal employer and who	97
has been certified or licensed as competent by the director to	98
apply restricted use pesticides or general use pesticides in those	99
certain categories and in the manner specified in his	100
certification or licensure.	101

(M) "Certifying agency" means the department of agriculture	102
or a similar agency of another state recognized as such by the	103
United States environmental protection agency.	104

(N) "Custom applicator" means any individual who applies	105
pesticides in this state for hire, but does not include any of the	106
following:	107

(1) A private applicator;

108

(2) A public applicator;

109

(3) A trained serviceman;

110

(4) Limited commercial applicator.

111

(O) "Custom operator" means an individual, other than a	112
trained serviceman, who may directly supervise a trained	113
serviceman in activities that include recommending control,	114
handling, mixing, and applying pesticides and the disposal of	115
waste, excess materials, or containers.	116

(P) "Competent" means properly qualified to perform the	117
functions that are prescribed by the director of agriculture and	118
under the federal act, and that are associated with pesticide	119
application as evidenced by passing the general examination and	120
each applicable pesticide-use category examination for the	121
pesticide-use categories in which a person applies pesticides and,	122
in the case of a person who is a commercial applicator, conducts	123
diagnostic inspections and by meeting any other criteria	124
established by rule.	125

(Q)(M) "Federal act" means the "Federal Insecticide,	126
Fungicide and Rodenticide Act," 61 Stat. 163 (1947), 7 U.S.C.A.	127
136, as amended.	128

(R)(N) "Defoliant" means any substance or mixture of	129
substances intended for causing the leaves or foliage to drop from	130
a plant, with or without causing abscission.	131

(S)(O) "Desiccant" means any substance or mixture of	132
substances intended for artificially accelerating the drying of	133
plant tissue.	134

(T)(P) "Device" means any instrument or contrivance, other	135
than a firearm, that is intended for trapping, destroying,	136
repelling, or mitigating any pest or any other form of plant or	137
animal life, other than manhuman beings and other than bacteria,	138
virus, or other microorganism on or in living manhuman beings or	139
other living animals. "Device" does not include equipment used for	140
the application of pesticides when sold separately therefrom.	141

(U)(Q) "Direct supervision" means either of the following, as	142
applicable:	143

(1) Unless otherwise prescribed by its labeling, a pesticide	144
is considered to be applied under the direct supervision of a	145
commercial or limited commercial applicator, if it is applied by a	146
trained servicemanserviceperson acting under the instructions and	147
control of a commercial or limited commercial applicator who is	148
responsible for the actions of that trained serviceman and who is	149
available when needed, even though the commercial or limited	150
commercial applicator is not physically present at the time and	151
place the pesticide is applied;.	152

(2) Unless otherwise prescribed by its labeling, a	153
restricted use pesticide is considered to be applied under the	154
direct supervision of a private applicator, if it is applied by an	155
employee or immediate family member or a subordinate employee of	156
that private applicator acting under the instructions and control	157
of the private applicator, who is responsible for the actions of	158
that employee or immediate family member or subordinate employee	159
and who is available when needed, even though the private	160
applicator is not physically present at the time and place the	161
restricted use pesticide handling activities areapplication is	162
occurring. Restricted use pesticide handling activities include	163
equipment calibration, mixing, loading, application, operator	164
safety, and disposal.	165

(V)(R) "Directly supervise" means providing direct	166
supervision under division (U)(Q)(1) or (2) or both of those	167
divisions of this section, as applicable.	168

(W)(S) "Distribute" means to offer or hold for sale, sell,	169
barter, ship, deliver for shipment, or receive and, having so	170
received, to deliver or offer to deliver, pesticides in this	171
state. "Distribute" does not mean to hold for use, apply, or use	172
pesticides or dilutions of pesticides, except when a pesticide	173
dealer holds for use, applies, or uses pesticides or dilutions of	174
pesticides in the course of business with a commercial applicator	175
who is employed by that pesticide dealer.	176

(X)(T) "Environment" includes water, air, land, and all	177
plants and manhuman beings and other animals living therein, and	178
the interrelationships that exist among them.	179

(Y)(U) "Fungus" means any nonchlorophyll-bearing thallophyte,	180
which is any nonchlorophyll-bearing plant of a lower order than	181
mosses and liverworts, as for example, rust, smut, mildew, mold,	182
yeast, and bacteria, except those on or in living manhuman beings	183
or other animals, or processed food, beverages, or	184
pharmaceuticals.	185

(Z)(V) "General use pesticide" means a pesticide that is	186
classified for general use under provisions of the federal act.	187

(AA)(W) "Ground equipment" means any device, other than	188
aircraft, used on land or water to apply pesticides in any form.	189

(BB)(X) "Immediate family" means a person's spouse residing	190
in the person's household, brothers and sisters of the whole or of	191
the half blood, children, including adopted children, parents, and	192
grandparents.	193

(Y) "Inert ingredient" means an ingredient that is not	194
active.	195

(CC)(Z) "Ingredient statement" means a statement of the name	196
and percentage of each active ingredient, together with the total	197
percentage of inert ingredients. When the pesticide contains	198
arsenic in any form, the ingredient statement shall include	199
percentages of total and water soluble arsenic, each calculated as	200
elemental arsenic.	201

(DD)(AA) "Insect" means any of the numerous small	202
invertebrate animals generally having the body more or less	203
obviously segmented, for the most part belonging to the class	204
insecta, including, but not limited to, beetles, bugs, bees, and	205
flies, and to other allied classes of arthropods, including, but	206
not limited to, spiders, mites, ticks, centipedes, and wood lice.	207

(EE)(BB) "Integrated pest management plan" means an	208
integrated pest management plan as defined by rule.	209

(CC) "Label" means the written, printed, or graphic matter	210
on, or attached to the pesticide or device, or any of its	211
containers or wrappers.	212

(FF)(DD) "Labeling" means all labels and other written,	213
printed, or graphic matter:	214

(1) Accompanying the pesticide product or device at any	215
time;	216

(2) To which reference is made on the label or in literature	217
accompanying the pesticide product or device, except when	218
accurate, nonmisleading reference is made to current official	219
publications of the United States environmental protection agency,	220
the United States department of agriculture or interior, the	221
United States department of health and human services, state	222
experiment stations, state agricultural colleges, or other similar	223
federal or state institutions or official agencies, authorized by	224
law to conduct research in the field of pesticides;	225

(3) Including all brochures, technical and sales bulletins,	226
and all advertising material.	227

(GG)(EE) "Licensure" includes certification as used in the	228
federal act.	229

(FF) "Misbranded" applies, if the conditions of either	230
division (GG)(FF)(1) or (2) of this section are satisfied as	231
follows:	232

(1) To any pesticide or device, if at least one of the	233
following occurs:	234

(a) Its labeling bears any statement, design, or graphic	235
representation relative thereto or to its ingredients that is	236
false or misleading in any particular;.	237

(b) It is an imitation of or is distributed under the name	238
of another pesticide or device;.	239

(c) Any word, statement, or other information required to	240
appear on the label or labeling is not prominently placed thereon	241
with such conspicuousness, as compared with other words,	242
statements, designs, or graphic matter in the labeling, and in	243
such terms as to render it likely to be read and understood by the	244
ordinary individual under customary conditions of purchase and	245
use.	246

(2) To any pesticide, if at least one of the following	247
occurs:	248

(a) The labeling of a restricted use pesticide does not	249
contain a statement that it is a restricted use pesticide;.	250

(b) The labeling accompanying it does not contain directions	251
for use that are necessary for effecting the purpose for which the	252
pesticide is intended and, if complied with, together with any	253
requirements imposed by the federal act, that are adequate to	254
protect the environment;.	255

(c) The label does not bear all of the following:

256

(i) The name, brand, or trademark under which the pesticide	257
is distributed;	258

(ii) An ingredient statement on the part of the immediate	259
container and on the outside container and wrapper of the retail	260
package, if any, through which the ingredient statement on the	261
immediate container cannot be clearly read, which is presented or	262
displayed under customary conditions of purchase, provided that	263
the ingredient statement may appear prominently on another part of	264
the container as permitted by the amended federal act or by the	265
director;	266

(iii) A warning or caution statement that may be necessary	267
and that, if complied with together with any requirement imposed	268
under the federal act, would be adequate to protect the	269
environment;	270

(iv) The net weight or measure of the contents, subject to	271
such reasonable variations as the administrator of the United	272
States environmental protection agency or the director of	273
agriculture may permit;	274

(v) The name and address of the manufacturer, registrant, or	275
person for whom manufactured;	276

(vi) The United States environmental protection agency	277
registration number assigned to each establishment in which the	278
pesticide was produced and the agency registration number assigned	279
to it, as required by regulations under the federal act.	280

(d) ThatThe pesticide contains any substance or substances	281
in quantities highly toxic to manhuman beings unless the label	282
bears, in addition to other label requirements, all of the	283
following:	284

(i) The skull and crossbones;

285

(ii) The word "poison" in red prominently displayed on a	286
background of distinctly contrasting color;	287

(iii) A statement of an antidote or a practical or emergency	288
medical treatment, first aid or otherwise, in case of poisoning by	289
the pesticide.	290

(e) It is contained in a package or other container or	291
wrapping that does not conform to the standard established by the	292
administrator of the United States environmental protection	293
agency.	294

(HH)(GG) "Nematodes" means invertebrate animals of the phylum	295
nemathelminthes and class nematoda, which are unsegmented, round	296
worms with elongated, fusiform, or sac-like bodies covered with	297
cuticle, and that inhabit soil, water, plants, or plant parts and	298
also may be called nema or eel-worms.	299

(II) "Permit" means a certificate issued by the director of	300
agriculture authorizing the purchase or use of a pesticide.	301

(JJ)(HH) "Pest" means a harmful, destructive, or nuisance	302
insect, fungus, rodent, nematode, bacterium, bird, snail, weed, or	303
parasitic plant or a harmful or destructive form of plant or	304
animal life or virus, or any plant or animal species that the	305
director declares to be a pest, except viruses, bacteria, or other	306
microorganisms on or in living animals, including manhuman	307
beings.	308

(KK)(II) "Pesticide" means any substance or mixture of	309
substances intended for either of the following:	310

(1) Preventing, destroying, repelling, or mitigating any	311
pest;	312

(2) Use as a plant regulator, defoliant, or desiccant.

313

"Pesticide" includes a pest monitoring system designated by	314
rule.	315

(LL)(JJ) "Pesticide dealer" means any person who distributes	316
restricted use pesticides or pesticides whose uses or distribution	317
are further restricted by the director to the ultimate user or to	318
a commercial applicator who is employed by that pesticide dealer.	319

(MM)(KK) "Pesticide application business" means any location	320
that is used for the purpose of engaging in the business of	321
applyinga person who performs pesticide business activities.	322

(LL) "Pesticide business activities" means any of the	323
following:	324

(1) The application of pesticides to the property of	325
another for hire, but does not mean any location that is used	326
exclusively to perform administrative or other functions not	327
directly connected with the storage, preparation, handling, or	328
distribution of the pesticides to be applied;	329

(2) The solicitation to apply pesticides;

330

(3) The conducting of authorized diagnostic inspections.

331

(MM) "Pesticide business registered location" means a	332
location at which pesticide business activities are conducted and	333
that is registered through the issuance of a license to a	334
pesticide business under section 921.09 of the Revised Code.	335

(NN) "Pesticide-use category" means a specialized field of	336
pesticide application or of diagnostic inspection as defined by	337
rule.	338

(NN)(OO) "Plant regulator" means any substance or mixture of	339
substances, intended, through physiological action, for	340
accelerating or retarding the growth or rate of maturation, or for	341
otherwise altering the behavior of plants or the produce thereof,	342
but shalldoes not include substances to the extent that they are	343
intended as plant nutrients, trace elements, nutritional	344
chemicals, plant inoculants, or soil amendments.	345

(OO)(PP) "Product name" means a coined or specific	346
designation applied to an individual pesticide of a fixed	347
combination and derivation.	348

(PP) "Public operator" means an individual who himself	349
applies, or directly supervises the application of pesticides by a	350
trained serviceman, while acting as an employee of the United	351
States government, a state, county, township, or municipal	352
governmental agency, or of a park district, port authority, or	353
sanitary district created pursuant to Chapter 1545., 4582., or	354
6115. of the Revised Code.	355

(QQ) "Registrant" means a person who has registered a	356
pesticide pursuant to sections 921.01 to 921.29 of the Revised	357
Codeunder this chapter.	358

(RR) "Restricted use pesticide" means any pesticide or	359
pesticide use classified by the administrator of the United States	360
environmental protection agency for use only by a certified	361
pesticide applicator or by an individual working under the direct	362
supervision of a certifiedpesticide applicator.	363

(SS) "Rule" means a rule adopted under section 921.16 of the	364
Revised Code.	365

(TT) "Sell or sale" means exchange of ownership or transfer	366
of custody.	367

(TT)(UU) "State restricted use pesticide" means any pesticide	368
or pesticides classified by the director subsequent to a hearing	369
held in accordance with Chapter 119. of the Revised Code for use	370
only by certifiedpesticide applicators or individuals working	371
under their direct supervision.	372

(UU)(VV) "Unreasonable adverse effects on the environment"	373
means any unreasonable risk to manhuman beings or the environment	374
taking into account the economic, social, and environmental	375
benefits and costs of the use of any pesticide.	376

(VV)(WW) "Trained servicemanserviceperson" means an employee	377
of a commercial applicator or limited commercial applicator whom	378
the commercial applicator or limited commercial applicator has	379
instructed in the proper use of the equipment and all pesticides	380
with which the employee is to workan employee of a pesticide	381
business, other business, state agency, or political subdivision	382
who has been trained to apply pesticides while under the direct	383
supervision of a commercial applicator.	384

(WW)(XX) "Weed" means any plant that grows where not wanted.

385

(XX)(YY) "Wildlife" means all living things that are neither	386
human, domesticated, nor areor pests, including, but not limited	387
to, mammals, birds, and aquatic life.	388

(YY)(ZZ) "Trade secret" and "confidential business	389
information" mean any formula, plan, pattern, process, tool,	390
mechanism, compound, procedure, production date, or compilation of	391
information that is not patented, that is known only to certain	392
individuals within a commercial concern, and that gives its user	393
an opportunity to obtain ana business advantage over competitors	394
who do not know or use it.	395

Sec. 921.02.  (A) EachNo person shall distribute a pesticide	396
that is distributed within this state shall beunless the	397
pesticide is registered with the director of agriculture subject	398
to sections 921.01 to 921.29 of the Revised Codeunder this	399
chapter. Registrations shall be issued for a period of time	400
established by rule and shall be renewed in accordance with	401
deadlines established by rule. Registration is not required if a	402
pesticide is shipped from one plant or warehouse to another plant	403
or warehouse operated by the same person and used solely at that	404
plant or warehouse as a constituent part to make a pesticide that	405
is registered under sections 921.01 to 921.29 of the Revised Code	406
this chapter, or if the pesticide is distributed under the	407
provisions of an experimental use permit issued under section	408
921.03 of the Revised Code or an experimental use permit issued by	409
the United States environmental protection agency.	410

(B) The applicant for registration of a pesticide shall file	411
a statement with the director on a form provided by the director,	412
which shall include all of the following:	413

(1) The name and address of the applicant and the name and	414
address of the person whose name will appear on the label, if	415
other than the applicant's name;	416

(2) The brand and product name of the pesticide;

417

(3) Any necessary information required for completion of the	418
department of agriculture's application for registration,	419
including the agency registration number;	420

(4) A complete copy of the labeling accompanying the	421
pesticide and a statement of all claims to be made for it,	422
including the directions for use and the use classification as	423
provided for in the federal act.	424

(C) The director, when the director considers it necessary	425
in the administration of sections 921.01 to 921.29 of the Revised	426
Codethis chapter, may require the submission of the complete	427
formula of any pesticide including the active and inert	428
ingredients.	429

(D) The director may require a full description of the tests	430
made and the results thereof upon which the claims are based for	431
any pesticide. The director shall not consider any data submitted	432
in support of an application, without permission of the applicant,	433
in support of any other application for registration unless the	434
other applicant first has offered to pay reasonable compensation	435
for producing the test data to be relied upon and the data are not	436
protected from disclosure by section 921.04 of the Revised Code.	437
In the case of a renewal of registration, a statement shall be	438
required only with respect to information that is different from	439
that furnished when the pesticide was registered or last	440
registered.	441

(E) The director may require any other information to be	442
submitted with an application.	443

Any applicant may designate any portion of the required	444
registration information as a trade secret or confidential	445
business information. Upon receipt of any required registration	446
information designated as a trade secret or confidential business	447
information, the director shall consider the designated	448
information as confidential and shall not reveal or cause to be	449
revealed any such designated information without the consent of	450
the applicants, except to persons directly involved in the	451
registration process described in this section or as required by	452
law.	453

(F) Each applicant shall pay a registration and inspection	454
fee of fifty dollars per yearestablished by rule for each product	455
name and brand registered for the company whose name appears on	456
the label. If an applicant files for a renewal of registration	457
after the deadline established by rule, the applicant shall pay a	458
penalty fee of twenty-five dollarsestablished by rule for each	459
product name and brand registered for the applicant. The penalty	460
fee shall be added to the original fee and paid before the renewal	461
registration is issued. In addition to any other remedy available	462
under sections 921.01 to 921.29 of the Revised Codethis chapter,	463
if a pesticide that is not registered pursuant to this section is	464
distributed within this state, the person required to register the	465
pesticide shall do so and shall pay a penalty fee of twenty-five	466
dollarsestablished by rule for each product name and brand	467
registered for the applicant. The penalty fee shall be added to	468
the original fee and paid before the registration is issued.	469

(G) Provided that the state is certifiedauthorized by the	470
administrator of the United States environmental protection agency	471
to register pesticides to meet special local needs, the director	472
shall require the information set forth under divisions (B), (C),	473
(D), and (E) of this section and shall register any such pesticide	474
after determining that all of the following conditions are met:	475

(1) Its composition is such as to warrant the proposed	476
claims for it.	477

(2) Its labeling and other material required to be submitted	478
comply with the requirements of the federal act and of sections	479
921.01 to 921.29 of the Revised Codethis chapter, and rules	480
adopted thereunder.	481

(3) It will perform its intended function without	482
unreasonable adverse effects on the environment.	483

(4) When used in accordance with widespread and commonly	484
recognized practice, it will not generally cause unreasonable	485
adverse effects on the environment.	486

(5) The classification for general or restricted use is in	487
conformity with the federal act.	488

The director shall not make any lack of essentiality a	489
criterion for denying the registration of any pesticide. When two	490
pesticides meet the requirements of this division (G) of this	491
section, the director shall not register one in preference to the	492
other.	493

(H)(1) The director may refuse to register a pesticide if	494
the application for registration fails to comply with this	495
section.	496

(2) The director may suspend or revoke a pesticide	497
registration after a hearing in accordance with Chapter 119. of	498
the Revised Code for a pesticide that fails to meet the claims	499
made for it on its label.	500

(3) The director may immediately suspend a pesticide	501
registration, prior to a hearing, when the director believes that	502
the pesticide poses an immediate hazard to human or animal health	503
or a hazard to the environment. Not later than fifteen days after	504
suspending the registration, the director shall determine whether	505
the pesticide poses such a hazard. If the director determines	506
that no hazard exists, the director shall lift the suspension of	507
the registration. If the director determines that a hazard	508
exists, the director shall revoke the registration in accordance	509
with Chapter 119. of the Revised Code.	510

Sec. 921.06.  (A)(1) No individual shall act as or hold	511
oneself out to the public as being a custom applicatordo any of	512
the following without having a customcommercial applicator	513
license issued by the director of agriculture. The individual	514
shall obtain an additional license for each pesticide application	515
business location for which the individual is the commercial	516
applicator of record. Licenses:	517

(a) Apply pesticides for a pesticide business without direct	518
supervision;	519

(b) Apply pesticides as part of the individual's duties	520
while acting as an employee of the United States government, a	521
state, county, township, or municipal corporation, or a park	522
district, port authority, or sanitary district created under	523
Chapter 1545., 4582., or 6115. of the Revised Code, respectively;	524

(c) Apply restricted use pesticides. Division (A)(1)(c) of	525
this section does not apply to a private applicator or an	526
immediate family member or a subordinate employee of a private	527
applicator who is acting under the direct supervision of that	528
private applicator.	529

(d) If the individual is the owner of a business other than	530
a pesticide business or an employee of such an owner, apply	531
pesticides at any of the following publicly accessible sites that	532
are located on the property:	533

(i) Food service operations as defined in section 3717.01 of	534
the Revised Code;	535

(ii) Retail food establishments as defined in section	536
3717.01 of the Revised Code;	537

(iii) Golf courses;

538

(iv) Rental properties of more than four apartment units at	539
one location;	540

(v) Hospitals or medical facilities as defined in section	541
3701.01 of the Revised Code;	542

(vi) Child day-care centers or school child day-care centers	543
as defined in section 5104.01 of the Revised Code;	544

(vii) Facilities owned or operated by a school district	545
established under Chapter 3311. of the Revised Code, including an	546
education service center, a community school established under	547
Chapter 3314. of the Revised Code, or a chartered or nonchartered	548
nonpublic school that meets minimum standards established by the	549
state board of education;	550

(viii) Any other site designated by rule.

551

(e) Conduct authorized diagnostic inspections.

552

(2) Divisions (A)(1)(a) to (d) of this section do not apply	553
to an individual who is acting as a trained serviceperson under	554
the direct supervision of a commercial applicator.	555

(3) Licenses shall be issued for a period of time	556
established by rule and shall be renewed in accordance with	557
deadlines established by rule. The fee for each such license is	558
one hundred dollars per year to be submitted with the application	559
shall be established by rule. If a license is not issued or	560
renewed, the application fee shall be retained by the state as	561
payment for the reasonable expense of processing the application.	562
The director shall by rule classify by categoriespesticide-use	563
category licenses to be issued under this section. A single	564
license may include more than one pesticide-use category. No	565
individual shall be required to pay an additional license fee if	566
the individual is licensed for more than one category, but the	567
individual shall pay an additional license fee for each pesticide	568
application business location for which the individual is the	569
commercial applicator of record.	570

The fee for each license or renewal does not apply to an	571
applicant who is an employee of the department of agriculture.	572

(B) Application for a customcommercial applicator license	573
shall be made on a form prescribed by the director. Each	574
application for a license shall state the licensepesticide-use	575
category or categories of license for which the applicant is	576
applying and other information that the director determines	577
essential to the administration of sections 921.01 to 921.29 of	578
the Revised Codethis chapter.	579

(C) If the director finds that the applicant is qualified	580
competent to apply pesticides and conduct diagnostic inspections	581
and that the applicant has passed both the general examination and	582
each applicable pesticide-use category examination as required	583
under division (A) of section 921.12 of the Revised Code, the	584
director shall issue a customcommercial applicator license	585
limited to the pesticide-use category or categories for which the	586
applicant is qualified. Custom applicators, upon obtaining a valid	587
license under this section, are certified applicators for the	588
purpose of applying or directly supervising the use of restricted	589
use pesticides pertinent to their respective categoriesfound to	590
be competent. If the director rejects an application, the director	591
may explain why the application was rejected, describe the	592
additional requirements necessary for the applicant to obtain a	593
license, and return the application. The applicant may resubmit	594
the application without payment of any additional fee.	595

(D)(1) A person who is a commercial applicator shall be	596
deemed to hold a private applicator's license for purposes of	597
applying pesticides on agricultural commodities that are produced	598
by the commercial applicator.	599

(2) A commercial applicator shall apply pesticides only in	600
the pesticide-use category or categories in which the applicator	601
is licensed under this chapter.	602

Sec. 921.22.        Sec. 921.08.  Nonresident custom applicators, custom	603
operators, public operators, and limited commercial applicators,	604
and nonresident private applicators who are licensed in another	605
state having a state plan approved by the United States	606
environmental protection agency to operate in certain	607
pesticide-use categories may be issued a license by the director	608
of agriculture covering the same categories in this state without	609
a categoricalpesticide-use category examination. However, such	610
nonresidents may be required to demonstrate their knowledge of the	611
lawsthis chapter and rules of this stateadopted under it by	612
submitting themselves to an examination covering such lawsthis	613
chapter and those rules contained and promulgated under this	614
chapter. A nonresident custom operator can be licensed in this	615
state only if his supervisor or employer is also licensed in this	616
state. Private applicators certified in another state may operate	617
in Ohio as do resident private applicators without also being	618
certified in Ohio, except that they may be required to	619
demonstrate their knowledge of the laws and rules of this state.	620
Licenses or certificates issued pursuant to this section may be	621
suspended or revoked in the same manner as other licenses or	622
certificatesissued pursuant to this chapter, or upon suspension	623
or revocation of the license or certificate of another state or	624
the federal government supporting the issuance of an Ohioa	625
license or certificateissued under this section.	626

Sec. 921.021.        Sec. 921.09.  (A)(1) No person shall own or operate	627
a pesticide application business without obtaining a license for	628
each location owned or operated by the person in the state from	629
the director of agriculture. Licenses shall be issued for a	630
period of time established by rule and shall be renewed in	631
accordance with deadlines established by rule.	632

(2) A person applying for a pesticide business license shall	633
register each location that is owned by the person and used for	634
the purpose of engaging in the pesticide business.	635

(B) Any person who owns or operates a pesticide application	636
business outside of this state, but engages in the business of	637
applying pesticides to properties of another for hire in this	638
state, shall obtain a license for the person's principal	639
out-of-state location from the director. In addition, the person	640
shall register each location that is owned by the person in this	641
state and used for the purpose of engaging in the pesticide	642
business.	643

(C)(1) The person applying for a pesticide application	644
business license shall file a statement with the director, on a	645
form provided by the director, that shall include anyall of the	646
following:	647

(a) The address of the principal place of business of the	648
pesticide business;	649

(b) The address of each location that the person intends to	650
register under division (A)(2) or (B) of this section;	651

(c) Any other information that the director determines	652
necessary and that the director requires by rule. Each	653

(2) Each applicant shall pay a license fee of twenty	654
dollars per year for each pesticide application business license	655
the applicant is required to obtainestablished by rule for the	656
pesticide business plus an additional fee established by rule for	657
each pesticide business registered location specified in the	658
application. The license may be renewed upon payment of a renewal	659
fee established by rule plus an additional fee established by rule	660
for each pesticide business registered location. A copy of the	661
license shall be maintained and conspicuously displayed at each	662
such location.	663

(3) The issuance of a pesticide business license constitutes	664
registration of any pesticide business location identified in the	665
application under division (C)(1) of this section.	666

(4) The owner or operator of a pesticide business shall	667
notify the director not later than fifteen days after any change	668
occurs in the information required under division (C)(1)(a) or (b)	669
of this section.	670

(D) The owner or operator of a pesticide application	671
business shall employ at least one licensed customcommercial	672
applicator for each pesticide application business registered	673
location the owner or operator owns or operates. A commercial	674
applicator shall not be employed at more than one pesticide	675
business registered location.	676

(E) The owner or operator of a pesticide application	677
business is responsible for the acts of each employee in the	678
handling, application, and use of pesticides and in the conducting	679
of diagnostic inspections. The pesticide application business	680
license is subject to denial, modification, suspension, or	681
revocation after a hearing for any violation of sections 921.01 to	682
921.29 of the Revised Code, if it is determined that the owner or	683
operator ratified or knowingly or negligently permitted any	684
officer, employee, or agent to commit the violationsthis chapter	685
or any rule adopted or order issued under it. The director also	686
may levy against the owner or operator any civil penalties	687
authorized by division (B) of section 921.16 of the Revised Code	688
for any violation of sections 921.02 to 921.29 of the Revised	689
Code for any violation of those sectionsthis chapter or any rule	690
adopted or order issued under it that is committed by the owner or	691
operator or anyby the owner's or operator's officer, employee, or	692
agent. For purposes of this division, an owner or operator is	693
deemed to have ratified violations committed by any officer,	694
employee, or agent if collectively the officers, employees, or	695
agents commit three violations of a high or moderate level of	696
severity in accordance with established department enforcement	697
guidelines that relate directly to the storage, preparation,	698
handling, distribution, or application of pesticides, or any	699
violation involving fraud, within a twenty-four-month period.	700

(F) The director may modify a license issued under this	701
section by one of the following methods:	702

(1) Revoking a licensee's authority to operate out of a	703
particular pesticide business registered location listed under	704
division (C)(1)(b) of this section;	705

(2) Preventing a licensee from operating within a specific	706
pesticide-use category.	707

(G) The director may deny a pesticide application business	708
license to any current owner, operator, officer, or agentperson	709
whose pesticide application business license has been revoked	710
within the previous thirty-six months.	711

(G) The director shall adopt any rules necessary to	712
administer and enforce this section(H) Each pesticide business	713
registered location that is owned by a pesticide business is	714
subject to inspection by the director.	715

Sec. 921.10.  (A) The director of agriculture shall not	716
issue a pesticide application business license until the	717
applicant has submitted to the director an effective liability	718
insurance policy or such other evidence of financial	719
responsibility as the director determines necessary. The director	720
shall establish by rule, in accordance with Chapter 119. of the	721
Revised Code, the amount and condition of such liability	722
insurance or other evidence of financial responsibility required.	723
Such requirements shall be based upon the category and operation	724
of the applicant.	725

(B) Should the evidence of financial responsibility expire	726
without renewal prior to the expiration of the license, the	727
license of the pesticide application business is automatically	728
suspended.	729

(C) Should the evidence of financial responsibility	730
furnished become unsatisfactory, the pesticide application	731
business shall upon notice immediately execute evidence of	732
financial responsibility meeting the requirements of this section	733
or applicable rules, and should the pesticide application	734
business fail to do so, the director shall suspend the pesticide	735
application business's license and give the business notice of	736
such suspension.	737

(D)(C) The licensee to whom a suspension order is issued	738
shall be afforded a hearing in accordance with Chapter 119. of the	739
Revised Code, after which the director shall reinstate or revoke	740
the suspended license.	741

(E)(D) Nothing in this chapter shall be construed to relieve	742
any person from liability for any damage to the person or lands of	743
another caused by the use of pesticides even though such use	744
conforms to the rules.	745

Sec. 921.11.  (A)(1) No individual shall apply restricted	746
use pesticides unless the individual is one of the following:	747

(a) Licensed under section 921.06, 921.07, 921.08, or 921.12	748
of the Revised Code;	749

(b) A private applicator certifiedLicensed under division	750
(B) of this section;	751

(c) A trained servicemanserviceperson who is acting under	752
the direct supervision of a commerical applicator or limited	753
commercial applicator;	754

(d) An employee or immediate family member or a subordinate	755
employee of a certified private applicator who is acting under the	756
direct supervision of that private applicator.	757

(2) No individual shall directly supervise the application	758
of a "restricted use pesticide" unless hethe individual is one of	759
the following:	760

(a) Licensed under section 921.06, 921.07, 921.08, or 921.12	761
of the Revised Code;	762

(b) A private applicator certifiedLicensed under division	763
(B) of this section.	764

(B) The director of agriculture shall adopt rules to	765
establish standards and procedures for the certificationlicensure	766
of private applicators. An individual shall apply for	767
certification as a private applicator license to the director, on	768
forms prescribed by the director. The individual shall include in	769
the application the pesticide-use category or categories of the	770
license for which the individual is applying and any other	771
information that the director determines is essential to the	772
administration of this chapter. The fee for each certification is	773
thirty dollars and the certificationlicense shall be established	774
by rule. Licenses shall be issued for a period is three yearsof	775
time established by rule and shall be renewed in accordance with	776
deadlines established by rule. If a certificationlicense is not	777
issued or renewed, the state shall retain any fee submitted as	778
payment for reasonable expenses of processing the application.	779

Sec. 921.09.        Sec. 921.12.  (A) The director of agriculture shall	780
require each applicant for a license under sectionssection	781
921.06, 921.07, 921.08, and 921.12or 921.11 of the Revised Code	782
to be examined on the applicant's knowledge and competency in the	783
each of the following:	784

(1) This chapter and rules adopted under it;

785

(2) The proper use, handling, and application of pesticides	786
and, if the applicant is applying for a license under section	787
921.06 of the Revised Code, in the conducting of diagnostic	788
inspections in the pesticide-use categories for which the	789
applicant has applied.	790

(B) Each application for renewal of a license provided for	791
in section 921.06, 921.07, 921.08, or 921.12 of the Revised Code,	792
shall be filed prior to the deadline established by rule. If	793
filed thereafterafter the deadline, a penalty of fifty per cent	794
shall be assessed the custom applicator and the custom operator	795
and added to the original fee and shall be paid by the applicant	796
before the renewal license is issued. However, if a license or	797
certification issued under section 921.06, 921.07, 921.08, or	798
921.12 of the Revised Code is not renewed within one year of the	799
date of expiration, then suchthe licensee or certificate holder	800
shall be required to take another examination on this chapter and	801
rules adopted under it and on the proper use, handling, and	802
application of pesticides and the proper conducting of diagnostic	803
inspections in the pesticide-use categories for which the licensee	804
has been licensed.	805

(C) A person who fails to pass an examination under division	806
(A) or (B) of this section is not entitled to an adjudication	807
under Chapter 119. of the Revised Code for that failure.	808

(D) The holder of a custom applicator license, custom	809
operator license, limited commercial applicator license, or public	810
operator license may renew suchthe license within one year of the	811
date of expiration without re-examination unless the director	812
determines that a new examination is necessary to insure that the	813
holder continues to meet the requirements of changing technology	814
and to assure a continuing level of competence and ability to use	815
pesticides safely and properly.	816

(D)(E) The director shall determine when re-examination for	817
recertification ofthe renewal of licenses for private applicators	818
is required to insure that private applicators continue to meet	819
the requirements of changing technology and to assure a continuing	820
level of competence and ability to use pesticides safely and	821
properly.	822

Sec. 921.13.  (A) Any person who is acting in the capacity	823
of a pesticide dealer or who advertises or assumes to act as a	824
pesticide dealer at any time shall obtain a pesticide dealer	825
license from the director of agriculture. Licenses shall be	826
issued for a period of time established by rule and shall be	827
renewed in accordance with deadlines established by rule. A	828
license is required for each location or outlet within this state	829
from which the person distributes pesticides.	830

Any pesticide dealer who has no pesticide dealer outlets in	831
this state and who distributes restricted use pesticides directly	832
into this state shall obtain a pesticide dealer license from the	833
director for the pesticide dealer's principal out-of-state	834
location or outlet and for each sales person operating in the	835
state.	836

The applicant shall include a twenty-five dollar license fee	837
established by rule with the application for a license. The	838
application shall be made on a form prescribed by the director.	839

Each pesticide dealer shall submit records to the director of	840
all of the restricted use pesticides the pesticide dealer has	841
distributed, as specified by the director, and duplicate records	842
shall be retained by the pesticide dealer for a period of time	843
established by rules.	844

(B) This section does not apply to a custom applicator who	845
exclusively sells pesticides only as an integral part of the	846
custom applicator's pesticide application business when the	847
pesticides are dispensed only through equipment used for the	848
pesticide application or to any federal, state, county, or	849
municipal agency that provides pesticides for its own programs.	850

(C) Each licensed pesticide dealer is responsible for the	851
acts of each employee in the solicitation and sale of pesticides	852
and all claims and recommendations for use of pesticides. The	853
pesticide dealer's license is subject to denial, suspension, or	854
revocation after a hearing for any violation of sections 921.01 to	855
921.29 of the Revised Codethis chapter whether committed by the	856
pesticide dealer or by the pesticide dealer's officer, agent, or	857
employee.	858

Sec. 921.14. (A) Each licensed custom applicator, limited	859
commercial applicator, and public operator shall keep a record of	860
allboth of the following:	861

(1) All diagnostic inspections conducted to determine	862
infestations of pests as required by rules adopted under division	863
(C) of section 921.16 of the Revised Code;	864

(2) All pesticide applications made by himthe applicator	865
and by any trained serviceperson acting under the applicator's	866
direct supervision as required by rules adopted under division (C)	867
of section 921.16 of the Revised Code and maintain that record.	868

Each commercial applicator shall submit copies of the records	869
required under division (A) of this section to the pesticide	870
business, other business, state agency, or political subdivision	871
that employs the commercial applicator.	872

(B) Each pesticide business, other business, state agency,	873
or political subdivision that receives copies of records under	874
division (A) of this section shall retain them for a period of	875
three years from the date of the pesticide application to which	876
that record refers or for any longer period that the director of	877
agriculture determines necessarytime established by rule.	878

(C) Each certified private applicator shall keep a record of	879
all restricted use pesticide applications made by himthe	880
applicator or under histhe applicator's direct supervision as	881
required by rules adopted under division (C) of section 921.16 of	882
the Revised Code and. In addition, each private applicator shall	883
maintain thatthe record for a period of three years from the date	884
of the restricted use pesticide application to which that record	885
refers or for any longer period that the director of agriculture	886
determines necessary.	887

Each licensed custom applicator or custom operator shall keep	888
a record of all diagnostic inspections to determine infestations	889
of pests and of all pest control services as required by rules	890
adopted under division (C) of section 921.16 of the Revised Code,	891
and maintain that record for a period of three years from the date	892
of the inspection to which that record refers or for any longer	893
period that the director determines necessary.	894

Sec. 921.16.  (A) The director of agriculture shall adopt	895
rules the director determines necessary for the effective	896
enforcement and administration of sections 921.01 to 921.29 of the	897
Revised Codethis chapter. The rules may relate to, but are not	898
limited to, the time, place, manner, and methods of application,	899
materials, and amounts and concentrations of application of	900
pesticides, may restrict or prohibit the use of pesticides in	901
designated areas during specified periods of time, and shall	902
encompass all reasonable factors that the director determines	903
necessary to minimize or prevent damage to the environment. In	904
addition, the rules shall establish the fees, deadlines, and time	905
periods for registration and, registration renewal, late	906
registration renewal, and failure to register under section 921.02	907
of the Revised Code,and the fees, deadlines, and time periods for	908
licensure and license renewal under sections 921.021, 921.06,	909
921.07, 921.08, 921.12921.09, 921.11, and 921.13 of the Revised	910
Code, and the deadlines for certification under section 921.11 of	911
the Revised Code.	912

(B) The director shall adopt rules that establish a schedule	913
of civil penalties for violations of sections 921.01 to 921.29 of	914
the Revised Codethis chapter, or any rule or order adopted or	915
issued under those sectionsit, provided that the civil penalty	916
for a first violation shall not exceed five thousand dollars and	917
the civil penalty for each subsequent violation shall not exceed	918
ten thousand dollars. In determining the amount of a civil	919
penalty for a violation, the director shall consider factors	920
relevant to the severity of the violation, including past	921
violations and the amount of actual or potential damage to the	922
environment or to human beings.	923

(C) The director shall adopt rules that set forth the	924
conditions under which the director:	925

(1) Requires that notice or posting be given of a proposed	926
application of a pesticide;	927

(2) Requires a permit to apply a restricted use pesticide;

928

(3) Requires inspection, condemnation, or repair of	929
equipment used to apply a pesticide;	930

(4)(3) Will suspend, revoke, or refuse to issue any	931
pesticide registration for a violation of sections 921.01 to	932
921.29 of the Revised Codethis chapter;	933

(5)(4) Requires safe handling, transportation, storage,	934
display, distribution, and disposal of pesticides and their	935
containers;	936

(6)(5) Ensures the protection of the health and safety of	937
agricultural workers storing, handling, or applying pesticides,	938
and all residents of agricultural labor camps, as that term is	939
defined in section 3733.41 of the Revised Code, who are living or	940
working in the vicinity of pesticide-treated areas;	941

(7)(6) Requires a record to be kept of all pesticide	942
applications made by each licensed custom applicator, limited	943
commercial applicator, and public operatorand by any trained	944
serviceperson acting under the commercial applicator's direct	945
supervision and of all restricted use pesticide applications made	946
by each certified private applicator as required under section	947
921.14 of the Revised Code;	948

(8)(7) Determines thosethe pesticide use categories of	949
applicators who conductdiagnostic inspections that must be	950
conducted by a commercial applicator;	951

(8) Requires a record to be kept of all diagnostic	952
inspections or who offer pest control services that must be	953
performedconducted by a certifiedeach commercial applicator and	954
for which written records are requiredand by any trained service	955
person;	956

(9) Specifies what constitutes direct supervision. The	957
rules adopted under division (C)(9) of this section may allow	958
direct supervision to be provided by wireless telephone or two-way	959
radio. The director shall review the rules adopted under division	960
(C)(9) of this section every two years and revise them as	961
necessary.	962

(D) The director shall prescribe standards for the	963
certificationlicensure of applicators of pesticides consistent	964
with those prescribed by the federal act and the regulations	965
adopted thereunderunder it or prescribe standards that are more	966
restrictive than those prescribed by the federal act and the	967
regulations adopted under it. The standards may relate to the use	968
and handling of pesticides or to the use and handling of thea	969
pesticide or class of pesticide uses covered by the individual's	970
certification, and shall relate to the hazards involved and the	971
use experienceto an individual's pesticide-use category.	972

The director shall take into consideration standards of the	973
United States environmental protection agency.	974

(E) The director may adopt rules setting forth the	975
conditions under which the director will:	976

(1) Collect and examine samples of pesticides or devices;

977

(2) Specify classes of devices that shall be subject to	978
this chapter;	979

(3) Prescribe other necessary registration information.

980

(F) The director may adopt rules to designate, in addition	981
to those restricted uses so classified by the administrator of the	982
United States environmental protection agency, restricted uses of	983
pesticides for the state or for designated areas within the state	984
and, if the director considers it necessary, to further restrict	985
such use.	986

(G) TheExcept as provided in division (D) of this section,	987
the director shall not adopt any rule under sections 921.01 to	988
921.29 of the Revised Codethis chapter that meets either of the	989
following:	990

(1) Permits any pesticide use that is prohibited by the	991
federal act and regulations or orders issued thereunder;	992

(2) As to certified applicators of restricted use pesticides	993
as designated under the federal act, and rules adopted as to	994
experimental use permits as authorized by the federal act, is	995
inconsistent with the requirements of the federal act and	996
regulations adopted thereunder.	997

(H) The director, after notice and opportunity for hearing,	998
may declare as a pest any form of plant or animal life, other than	999
human beings and other than bacteria, viruses, and other	1000
microorganisms on or in living human beings or other living	1001
animals, that is injurious to health or the environment.	1002

(I) The director may make reports to the United States	1003
environmental protection agency, in the form and containing the	1004
information the agency may require.	1005

(J) The director shall adopt rules for the application,	1006
use, storage, and disposal of pesticides if, in the director's	1007
judgment, existing programs of the United States environmental	1008
protection agency, necessitate such rules or pesticide labels do	1009
not sufficiently address issues or situations identified by the	1010
department of agriculture or interested state agencies. The	1011

(K) The director may developdo either or both of the	1012
following:	1013

(1) Develop and enter into cooperative agreements with other	1014
state agencies for the purpose of developing and implementing	1015
voluntary or mandatory pesticideintegrated pest management plans	1016
that are designed to prevent unreasonable adverse effects on human	1017
health and the environment;	1018

(2) Develop and implement voluntary or mandatory integrated	1019
pest management plans that are designed to prevent unreasonable	1020
adverse affects on human health and the environment.	1021

(K)(L) The director shall adopt rules establishing training	1022
requirements for a trained serviceperson.	1023

(M) The director shall adopt all rules under sections 921.01	1024
to 921.29 of the Revised Codethis chapter in accordance with	1025
Chapter 119. of the Revised Code.	1026

Sec. 921.18.  (A) The director of agriculture may:

1027

(1) Enter uponIn order to determine compliance with this	1028
chapter and rules adopted under it, enter any public or private	1029
premises or transport vehicles during regular business hours in	1030
order to have access to do any or all of the following:	1031

(a) Inspect and copy books, accounts,pesticide application	1032
records, and memoranda, pesticides, or devices, subject to the	1033
sections of the law and the rules thereunder for the purpose of	1034
determining pesticide applications, the financial responsibility	1035
of the applicator, thedocuments;	1036

(b) Inspect the storage or disposal of pesticides; also, to	1037
inspect	1038

(c) Inspect and sample pesticides in storage or in use, the	1039
disposal of pesticides, to inspect;	1040

(d) Inspect equipment or devices used to apply pesticides,	1041
and to make copies of records in conformity therewith;	1042

(e) Inspect storage facilities and sites.

1043

(2) Enter upon any public or private premises at any time,	1044
when or where pesticides are being applied to determine if the	1045
applicator is or should be certified or licensed,or if proper	1046
notice has been given before pesticide application, and to collect	1047
samples of pesticides being applied or available for use, and to	1048
inspect equipment or devices used to apply pesticides;	1049

(3) Enter upon any public or private premises at reasonable	1050
hours to inspect any property thereon,or to collect samples of	1051
vegetation or animal life, water, soil, or other matter, in order	1052
to determine residue levels, efficacy of application, or adverse	1053
effects of application, drift, or spillage;	1054

(4) Should the director be denied access to any premises	1055
where such access is sought for the purposes set forth in this	1056
section, he may apply to any court of competent jurisdiction for a	1057
search warrant authorizing access to such land for saidthose	1058
purposes. The court may, upon such application, issue the search	1059
warrant for the purposes requested.	1060

(B) When the director or histhe director's authorized agent	1061
observes, or has reasonable cause to believe that a piece of	1062
equipment used by a customcommercial applicator or operator, a	1063
private applicator, or any other individual requires calibration,	1064
adjustment, or repair to enable it to perform satisfactorily, he	1065
the director may require such adjustment to be made immediately or	1066
issue a "stop operation" order pending repair to the equipment and	1067
hethe director may require a demonstration of it before	1068
cancellation or withdrawal of the stop operation order.	1069

(C) The director or the director's authorized agent may:

1070

(1) Issue an order to the owner or custodian of any lot of	1071
pesticide or a device requiring it to be held at a designated	1072
place when the director or the director's authorized agent has	1073
reasonable cause to believe that the pesticide or device has been	1074
distributed, stored, transported, or used in violation of sections	1075
921.01 to 921.29 of the Revised Codethis chapter, or any rule	1076
adopted thereunder. The pesticide or device shall be held until a	1077
release in writing is issued by the director, the director's	1078
authorized agent, or by a court order. No release shall be issued	1079
until sections 921.01 to 921.29 of the Revised Code,this chapter	1080
and the rules adopted thereunder are complied with.	1081

(2) If the owner or custodian is not available for service	1082
of the order upon himthe owner or custodian, the director may	1083
attach the order to the pesticide or device and notify the owner	1084
or custodian, and the registrant.	1085

Sec. 921.08.        Sec. 921.19. (A) Every state agency, municipal	1086
corporation, and every other governmental agency and political	1087
subdivision is subject to sections 921.01 to 921.29 of the Revised	1088
Codethis chapter and the rules adopted thereunder with respect to	1089
the application, handling, and use of pesticides.	1090

(B) No individual shall act as a public operator without	1091
having a public operator license issued by the director of	1092
agriculture. Licenses shall be issued for a period of time	1093
established by rule and shall be renewed in accordance with	1094
deadlines established by rule. The director shall by rule	1095
classify, by categories, licenses to be issued under this section.	1096

(C) An individual shall apply to the director for a public	1097
operator license on a form prescribed by the director. Each	1098
application for a license shall state the license category or	1099
categories for which the applicant is applying, and any other	1100
information that the director determines essential to the	1101
administration of sections 921.01 to 921.29 of the Revised Code.	1102

(D) After finding that the applicant is qualified, upon	1103
payment of a twenty-dollar license fee per year, the director	1104
shall issue a public operator license, limited to the category for	1105
which the applicant is qualified. The license and renewal fee	1106
does not apply to any applicant who is an employee of the	1107
department of agriculture. If a license is not issued or	1108
renewed, the fee submitted shall be retained by the state as	1109
payment for reasonable expenses of processing the application.	1110
Public operators, upon obtaining a valid license under this	1111
section, are certified applicators for the purpose of applying or	1112
directly supervising the use of restricted use pesticides	1113
pertinent to their respective categoriesEach state agency,	1114
municipal corporation, and other governmental agency and	1115
political subdivision is responsible for the acts of each of its	1116
employees in the application, handling, and use of pesticides.	1117

Sec. 921.151.        Sec. 921.22.  The pesticide program fund is hereby	1118
created in the state treasury. All money in the fund shall be	1119
used to carry out the purposes of this chapter. The fund shall	1120
consist of fees collected under sections 921.01 to 921.15 of the	1121
Revised Code and all fines, penalties, costs, and damages, except	1122
court costs, whichthat are collected by either the director of	1123
agriculture or the attorney general in consequence of any	1124
violation of sections 921.01 to 921.29 of the Revised Code. Not	1125
later than the thirtieth day of June of each year, the director of	1126
budget and management shall determine whether the amount credited	1127
to the pesticide program fund is in excess of the amount necessary	1128
to meet the expenses of the director of agriculture in	1129
administering this chapter and shall transfer any excess from the	1130
pesticide program fund to the general revenue fundthis chapter.	1131

Sec. 921.24.        Sec. 921.23.  The director of agriculture may suspend,	1132
pending inquiryprior to a hearing, for not longer than ten days,	1133
and, after the opportunity for hearing, may deny, suspend, revoke,	1134
refuse to renew, or modify any provision of any license, permit,	1135
or certificationregistration issued pursuant to this chapter if	1136
hethe director finds that the applicant or the holder of a	1137
license, permit, or certificateregistration is no longer	1138
qualified, has violated any provision of this chapter or rules	1139
adopted under it, has been found guilty of violating the Federal	1140
Insecticide, Fungicide and Rodenticide Actfederal act, or has	1141
been convicted of a misdemeanor involving moral turpitude or of a	1142
felony.	1143

Sec. 921.25.        Sec. 921.24. It is unlawful for anyNo person to	1144
shall do any of the following:	1145

(A) Apply, use, directly supervise such application or use,	1146
or recommend a pesticide for use inconsistent with itsthe	1147
pesticide's labeling, treatment standards, or other restrictions	1148
imposed by the director of agriculture;	1149

(B) Except as provided in division (C) of this section, use	1150
any pesticideAct as a commercial applicator without being	1151
licensed or certified to do so or being a trained serviceman under	1152
the direct supervision of a commercial applicator or limited	1153
commercial applicator;	1154

(C) Use any restricted use pesticide, unless certifiedthe	1155
person is licensed to do so, acting as a trained serviceman under	1156
the direct supervision of a commercial applicator or limited	1157
commercial applicator,is a trained serviceperson acting under the	1158
direct supervision of a commercial applicator, or acting asis an	1159
employee or immediate family member or a subordinate employee of a	1160
private applicator under the direct supervision of that private	1161
applicator;	1162

(D) Refuse or fail to keep andor maintain records required	1163
by the director in rules he adoptsadopted under sections 921.01	1164
to 921.29 of the Revised Codethis chapter, or to make reports	1165
when and as required by the director in rules he adoptsadopted	1166
under sections 921.01 to 921.29 of the Revised Codethis chapter;	1167

(E) Falsely or fraudulently represent the effect of	1168
pesticides or methods to be utilized;	1169

(F) Apply known ineffective or improper materials;

1170

(G) Operate in a negligent manner, which includes the	1171
operation of faulty or unsafe equipment;	1172

(H) Impersonate any federal, state, county, or municipal	1173
official;	1174

(I) Make false or fraudulent records, invoices, or reports;

1175

(J) Directly supervise the use of any restricted use	1176
pesticide on the property of another without having a certified	1177
applicator inFail to provide training to trained servicepersons	1178
in the application of pesticides;	1179

(K) Fail to provide direct supervision as specified in rules	1180
adopted under division (C) of section 921.16 of the Revised Code;	1181

(K) Directly supervise the use of any general use pesticide	1182
on the property of another without having a licensed applicator in	1183
direct supervision	1184

(L) Distribute a misbranded or adulterated pesticide;

1185

(L)(M) Use fraud or misrepresentation in making application	1186
for a license or certificateregistration or renewal of a license	1187
or certificateregistration;	1188

(M)(N) Refuse, fail, or neglect to comply with any	1189
limitation or restriction of a license or registration issued	1190
pursuant to sections 921.01 to 921.29 of the Revised Codeunder	1191
this chapter or rules adopted thereunder;	1192

(N)(O) Aid or abet a licensee or another person in violating	1193
sections 921.01 to 921.29 of the Revised Codethis chapter or	1194
rules adopted thereunder;	1195

(O)(P) Make a false or misleading statement in an inspection	1196
concerning any infestation of pests or the use of pesticides;	1197

(P)(Q) Refuse or fail to comply with sections 921.01 to	1198
921.29 of the Revised Codethis chapter, the rules adopted	1199
thereunder, or with any lawful order of the director;	1200

(Q)(R) Distribute restricted use pesticides to the ultimate	1201
user or to an employee who is a commercial applicator at any time	1202
without a pesticide dealer's license or;	1203

(S) Distribute restricted use pesticides to an ultimate user	1204
who is not a certified applicator licensed under sections 921.01	1205
to 921.29section 921.06, 921.08, or 921.11 of the Revised Code	1206
and rules adopted thereunderunder this chapter;	1207

(R)(T) Use any pesticide that is under an experimental use	1208
permit contrary to the provisions of suchthe permit;	1209

(S)(U) Engage in fraudulent business practices in the	1210
application of pesticides, when licensed as a custom applicator;	1211

(T)(V) Dispose of any pesticide product or container in such	1212
a manner as to have unreasonable adverse effects on the	1213
environment;	1214

(U)(W) Display any pesticide in any manner to produce	1215
unreasonable adverse effects on the environment, or to contaminate	1216
adjacent food, feed, or other products;	1217

(V)(X) Apply any pesticide by aircraft without being	1218
licensed as a commercial applicator;	1219

(Y) Distribute a pesticide that is not registered with the	1220
director;	1221

(Z) Fail to properly supervise a trained serviceperson.

1222

Sec. 921.26.        Sec. 921.25.  (A)(1) Whenever the director of	1223
agriculture has cause to believe that any person has violated, or	1224
is violating, sections 921.01 to 921.29 of the Revised Code,this	1225
chapter or any rule or order adopted or issued under those	1226
sectionsit, hethe director may conduct a hearing which shall be	1227
in accordance with Chapter 119. of the Revised Code to determine	1228
whether a violation has occurred. TheExcept as otherwise provided	1229
in division (A)(3) of this section, the director shall assess a	1230
civil penalty against any person who violates sections 921.01 to	1231
921.29 of the Revised Code,this chapter or any rule or order	1232
adopted or issued under those sections,it in accordance with the	1233
schedule of civil penalties established in rules adopted under	1234
division (A)(B) of section 921.16 of the Revised Code. Each day a	1235
violation continues constitutes a separate and distinct violation.	1236

(2) In addition, the director may assess a civil penalty	1237
against any employer of a person who violates sections 921.01 to	1238
921.29 of the Revised Code, or any rule or order adopted or issued	1239
under those sections, for the same violation for which he fines	1240
the employee, if one of the following applies:	1241

(a) With prior knowledge of the employee's act or omission	1242
which constitutes the violation, the employer authorizes,	1243
approves, or otherwise actively participates in the act or	1244
omission;	1245

(b) After the occurrence of the employee's act or omission	1246
that constitutes the violation, the employer, with full knowledge	1247
of the act or omission, ratifies it;	1248

(c) The employer had knowledge that the act or omission of	1249
the employee that constitutes the violation would occurto	1250
assessing a civil penalty under division (A)(1) of this section,	1251
the director may deny, modify, suspend, revoke, or refuse to renew	1252
a license, permit, or registration issued under this chapter.	1253

(3) The civil penalty authorized under division (A)(1) of	1254
this section may be assessed against the employer of a person who	1255
violates this chapter or any rule adopted or order issued under it	1256
rather than against the person.	1257

Divisions (A)(1) and, (2), and (3) of this section do not	1258
affect, and shall not be construed as affecting, any other civil	1259
or criminal liability of the employee or the employer that may	1260
arise in consequence of the employer's or the employee's violation	1261
of this chapter or any other law.	1262

(3)(4) If the person or employer or employee does not pay a	1263
civil penalty within a reasonable time after its assessment, the	1264
attorney general, upon the request of the director, shall bring a	1265
civil action to recover the amount of the penalty.	1266

(B)(1) In lieu of conducting a hearing under division (A) of	1267
this section, the director may refer the violation to the attorney	1268
general who, except as otherwise provided in division (B)(2) of	1269
this section, may bring a civil action against any person who	1270
violates sections 921.01 to 921.29 of the Revised Code,this	1271
chapter or any rule or order adopted or issued under those	1272
sectionsit. If the court determines that a violation has	1273
occurred, the court shall order the person to pay a civil penalty	1274
for each violation, not to exceed five thousand dollars for a	1275
first violation and not to exceed ten thousand dollars for each	1276
subsequent violation. Each day a violation continues shall	1277
constituteconstitutes a separate and distinct violation.	1278

(2) If the director refers a violation to the attorney	1279
general under division (B)(1) of this section, the attorney	1280
general, in addition, may bring a civil action against any	1281
employer of a person who violates sections 921.01 to 921.29 of the	1282
Revised Code, or any rule or order adopted or issued under those	1283
sections. The court shall order the employer to pay a civil	1284
penalty for the same violation for which the court orders the	1285
employee to pay a civil penalty, if one of the following applies:	1286

(a) With prior knowledge of the employee's act or omission	1287
which constitutes the violation, the employer authorizes,	1288
approves, or otherwise actively participates in the act or	1289
omission;	1290

(b) After the occurrence of the employee's act or omission	1291
that constitutes the violation, the employer, with full knowledge	1292
of the act or omission, ratifies it;	1293

(c) The employer had knowledge that the act or omission of	1294
the employee that constitutes the violation would occurThe civil	1295
action authorized under division (B)(1) of this section may be	1296
brought against the employer of a person who violates this chapter	1297
or any rule adopted or order issued under it rather than against	1298
the person.	1299

Divisions (B)(1) and (2) of this section do not affect, and	1300
shall not be construed as affecting, any other civil or criminal	1301
liability of the employee or the employer whichthat may arise in	1302
consequence of the employer's or employee's violation of this	1303
chapter or any other law.	1304

(C) In addition to the remedies provided and irrespective of	1305
whether or not there exists an adequate remedy at law, the	1306
director may apply to the court of common pleas for a temporary or	1307
permanent injunction or other appropriate relief against continued	1308
violation of sections 921.01 to 921.29 of the Revised Codethis	1309
chapter.	1310

(D) The remedies available to the director and to the	1311
attorney general under sections 921.01 to 921.29 of the Revised	1312
Codethis chapter are cumulative and concurrent, and the exercise	1313
of one remedy by either the director or the attorney general, or	1314
by both, does not preclude or require the exercise of any other	1315
remedy by the director, the attorney general, or a prosecutor as	1316
defined in section 2935.01 of the Revised Code, except that no	1317
person shall pay both a civil penalty under division (A) of this	1318
section and a civil penalty under division (B) of this section for	1319
the same violation.	1320

(E) If a person violates this chapter or rules adopted under	1321
it, both of the following apply:	1322

(1) The person is liable for the violation.

1323

(2) The employer of the person is liable for and may be	1324
convicted of the violation if the person was acting on behalf of	1325
the employer and was acting within the scope of the person's	1326
employment.	1327

Sec. 921.23.        Sec. 921.26.  (A) The penalties provided for	1328
violations of sections 921.01 to 921.29 of the Revised Codethis	1329
chapter do not apply to any of the following:	1330

(1) Any carrier while lawfully engaged in transporting a	1331
pesticide or device within this state, if that carrier, upon	1332
request, permits the director of agriculture to copy all records	1333
showing the transactions in the movement of the pesticides or	1334
devices;	1335

(2) Public officials of this state and the federal	1336
government, other than public operatorscommercial applicators	1337
employed by the federal government, the state, or a political	1338
subdivision, while engaged in the performance of their official	1339
duties in administering state or federal pesticide laws or rules,	1340
or while engaged in pesticide research;	1341

(3) The manufacturer or shipper of a pesticide for	1342
experimental use only by or under supervision of an agency of this	1343
state or of the federal government authorized by law to conduct	1344
research in the field of pesticides, provided that the	1345
manufacturer or shipper is not required to obtain an experimental	1346
use permit from the United States environmental protection agency;	1347

(4) The manufacturer or shipper of a substance being tested	1348
in which its purpose only is to determine its value for pesticide	1349
purposes or to determine its toxicity or other properties, and	1350
from which the user does not expect to receive any benefit in pest	1351
control from its use;	1352

(5) Persons conducting laboratory research involving	1353
pesticides.	1354

(B) No pesticide or device shall be considered in violation	1355
of sections 921.01 to 921.29 of the Revised Codethis chapter when	1356
intended solely for export to a foreign country, and when prepared	1357
or packed according to the specifications or directions of the	1358
purchaser. If the pesticide or device is not so exported, the	1359
provisions of sections 921.01 to 921.29 of the Revised Code apply	1360
this chapter applies.	1361

(C) No person who is licensed, regulated, or registered	1362
under section 921.02, 921.021, 921.03, 921.06, 921.07, 921.08,	1363
921.09, 921.11, 921.12,or 921.13, or 921.15 of the Revised Code	1364
shall be required to obtain a license or permit to operate or to	1365
be otherwise regulated in such capacity by any local ordinance, or	1366
to meet any other condition except as otherwise provided by	1367
statute or rule of the United States or of this state.	1368

(D) Section 921.06921.09 of the Revised Code relating to a	1369
custom applicator does not apply to an individual who uses only	1370
ground equipment for himselfthe individual or for histhe	1371
individual's neighbors, provided that hethe individual meets all	1372
of the following requirements:	1373

(1) Is certified as a private applicator if he uses a	1374
restricted use pesticidelicensed under section 921.11 of the	1375
Revised Code;	1376

(2) Operates farm property and operates and maintains	1377
pesticide application equipment primarily for histhe individual's	1378
own use;	1379

(3) Is not regularly engaged in the business of applying	1380
pesticides for hire or does not publicly hold himselfoneself out	1381
as a pesticide applicator;	1382

(4) Meets any other requirement established by rule.

1383

(E) SectionsSection 921.06 and 921.07 of the Revised Code	1384
relating to licenses and requirements for their issuance dodoes	1385
not apply to licensed physicians or veterinarians applying	1386
pesticides to manhuman beings or other animals during the normal	1387
course of their practice, provided that they are not regularly	1388
engaged in the business of applying pesticides for hire amounting	1389
to a principal or regular occupation or do not publicly hold	1390
themselves out as commercial applicators.	1391

Sec. 921.27.  (A) If the director of agriculture has	1392
reasonable cause to believe that a pesticide or device is being	1393
distributed, stored, transported, or used in violation of sections	1394
921.01 to 921.29 of the Revised Code,this chapter or of any of	1395
the prescribed rules, it shall be subject to seizure on complaint	1396
of the director to a court of competent jurisdiction in the	1397
locality in which the pesticide or device is located.	1398

(B) If the article is condemned, it shall, after entry or	1399
decree, be disposed of by destruction or sale as the court may	1400
direct and the proceeds, if suchthe article is sold, less legal	1401
costs, shall be paid to the pesticide program fund created in	1402
section 921.151921.22 of the Revised Code. The article shall not	1403
be sold contrary to the provisions of this section. Upon payment	1404
of costs and execution and delivery of a good and sufficient bond	1405
conditioned that the article shall not be disposed of unlawfully,	1406
the court may direct that the article be delivered to the owner	1407
thereof for relabeling or reprocessing.	1408

Sec. 921.29.  Fines, penalties, costs, and damages assessed	1409
against a person in consequence of violations of sections 921.01	1410
to 921.29 of the Revised Codethis chapter, as provided in	1411
sections 921.01 to 921.29 of the Revised Codethis chapter or any	1412
other section of the Revised Code, shall be a lien in favor of the	1413
state upon the real and personal property of the person, upon the	1414
filing of a judgment or an order of the director of agriculture	1415
with the county in which the real and personal property is	1416
located. The real and personal property of the person shall be	1417
liable to execution for the fines, penalties, costs, and damages	1418
by the attorney general, who shall deposit any proceeds from an	1419
execution upon the property in the pesticide program fund created	1420
in section 921.151921.22 of the Revised Code.	1421

Sec. 921.30. Nothing in this chapter or any rule adopted	1422
under it shall be construed to require the director of agriculture	1423
to report any findings to the appropriate prosecuting authority	1424
for proceedings in prosecution of, or issue any order or institute	1425
any enforcement procedure for, a violation of this chapter or a	1426
rule adopted under it whenever the director believes that the	1427
public interest will be best served by a suitable written notice	1428
of warning. A person who receives a written notice of warning may	1429
respond in writing to the notice.	1430

Sec. 921.30.        Sec. 921.31.  On receipt of a notice pursuant to	1431
section 3123.43 of the Revised Code, the director of agriculture	1432
shall comply with sections 3123.41 to 3123.50 of the Revised Code	1433
and any applicable rules adopted under section 3123.63 of the	1434
Revised Code with respect to a license, certificateregistration,	1435
or permit issued pursuant to this chapter.	1436

Sec. 921.99.  (A) Whoever violates sections 921.01 to 921.29	1437
of the Revised Codethis chapter or rules adopted under those	1438
sectionsit, except division (G) or (O)(P) of section 921.25	1439
921.24 of the Revised Code, is guilty of a misdemeanor of the	1440
second degree on a first offense and a misdemeanor of the first	1441
degree on a subsequent offense.	1442

(B) Whoever violates division (G) or (O)(P) of section	1443
921.25921.24 of the Revised Code is guilty of a misdemeanor of	1444
the first degree on a first offense and a felony of the fourth	1445
degree on each subsequent offense.	1446

(C) No recovery of damages shall be allowed from	1447
administrative action taken or for "stop sale, use, or removal" if	1448
the court finds that there was probable cause for suchthat	1449
action.	1450

Section 2. That existing sections 907.42, 921.01, 921.02,	1451
921.021, 921.06, 921.08, 921.09, 921.10, 921.11, 921.13, 921.14,	1452
921.151, 921.16, 921.18, 921.22, 921.23, 921.24, 921.25, 921.26,	1453
921.27, 921.29, 921.30, and 921.99 and sections 921.07 and 921.12	1454
of the Revised Code are hereby repealed.	1455