REPRESENTATIVES Niehaus, Carmichael, Wolpert, Rhine, Flowers, Coates, Young

To amend section 921.021 and, on July 1, 2004, to

1

further amend section 921.021 and to amend sections

2

907.42, 921.01, 921.02, 921.06, 921.08, 921.09,

3

921.10, 921.11, 921.13, 921.14, 921.151, 921.16,

4

921.18, 921.22 to 921.27, 921.29, 921.30, and

5

921.99; to amend, on July 1, 2004, for the purpose

6

of adopting new section numbers as indicated in

7

parentheses, sections 921.021 (921.09), 921.08

8

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

9

(921.08), 921.23 (921.26), 921.24 (921.23), 921.25

10

(921.24), 921.26 (921.25), and 921.30 (921.31); to

11

enact, on July 1, 2004, new section 921.30; and to

12

repeal, on July 1, 2004, sections 921.07 and 921.12

13

of the Revised Code to revise the Pesticides Law.

14

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

Section 1. That section 921.021 of the Revised Code be	15
amended to read as follows:	16

Sec. 921.021.  (A) No person shall own or operate a	17
pesticide application business without obtaining a license for	18
each location owned or operated by the person in the state from	19
the director of agriculture. Licenses shall be issued for a	20
period of time established by rule and shall be renewed in	21
accordance with deadlines established by rule.	22

(B) Any person who owns or operates a pesticide application	23
business outside of this state, but engages in the business of	24
applying pesticides to properties of another for hire in this	25
state, shall obtain a license for the person's principal	26
out-of-state location from the director.	27

(C) The person applying for a pesticide application business	28
license shall file a statement with the director, on a form	29
provided by the director, that shall include any information that	30
the director determines necessary and that the director requires	31
by rule. Each applicant shall pay a license fee of twenty	32
dollars per year for each pesticide application business license	33
the applicant is required to obtain.	34

(D) The owner or operator of a pesticide application	35
business shall employ at least one licensed custom applicator for	36
each pesticide application business location the owner or	37
operator owns or operates.	38

(E) The owner or operator of a pesticide application	39
business is responsible for the acts of each employee in the	40
handling, application, and use of pesticides and in the conducting	41
of diagnostic inspections. The pesticide application business	42
license is subject to denial, modification, suspension, or	43
revocation after a hearing for any violation of sections 921.01 to	44
921.29 of the Revised Code, if it is determined that the owner or	45
operator ratified or knowingly or negligently permitted any	46
officer, employee, or agent to commit the violationsthis chapter	47
or any rule adopted or order issued under it. The director also	48
may levy against the owner or operator any civil penalties	49
authorized by division (B) of section 921.16 of the Revised Code	50
for any violation of sections 921.02 to 921.29 of the Revised	51
Code for any violation of those sectionsthis chapter or any rule	52
adopted or order issued under it that is committed by the owner or	53
operator or anyby the owner's or operator's officer, employee, or	54
agent. For purposes of this division, an owner or operator is	55
deemed to have ratified violations committed by any officer,	56
employee, or agent if collectively the officers, employees, or	57
agents commit three violations of a high or moderate level of	58
severity in accordance with established department enforcement	59
guidelines that relate directly to the storage, preparation,	60
handling, distribution, or application of pesticides, or any	61
violation involving fraud, within a twenty-four-month period.	62

(F) The director may deny a pesticide application business	63
license to any current owner, operator, officer, or agent whose	64
pesticide application business license has been revoked within the	65
previous thirty-six months.	66

(G) The director shall adopt any rules necessary to	67
administer and enforce this section.	68

Section 2. That existing section 921.021 of the Revised Code	69
is hereby repealed.	70

Section 3. That sections 907.42, 921.01, 921.02, 921.021,	71
921.06, 921.08, 921.09, 921.10, 921.11, 921.13, 921.14, 921.151,	72
921.16, 921.18, 921.22, 921.23, 921.24, 921.25, 921.26, 921.27,	73
921.29, 921.30, and 921.99 be amended, sections 921.021 (921.09),	74
921.08 (921.19), 921.09 (921.12), 921.151 (921.22), 921.22	75
(921.08), 921.23 (921.26), 921.24 (921.23), 921.25 (921.24),	76
921.26 (921.25), and 921.30 (921.31) be amended for the purpose	77
of adopting new section numbers as indicated in parentheses, and	78
new section 921.30 of the Revised Code be enacted to read as	79
follows:	80

Sec. 907.42.  No person shall sell, distribute, or have in	81
histhe person's possession for sale, a poisonous seed treatment	82
material in the state unless suchthe material meets the color	83
standards or specifications that are established by the director	84
of agriculture pursuant to section 907.43 of the Revised Code.	85
Products sold and distributed as seed treatments shall conform to	86
directions for use on labels accepted for registration under	87
sections 921.11 to 921.20, inclusive,Chapter 921. of the Revised	88
Code, and the federal "Insecticide, Fungicide and Rodenticide	89
Act," 61 Stat. 163 (1947), 7 U.S.C.A. 135, as amended.	90

Sec. 921.01.  As used in sections 921.01 to 921.29 of the	91
Revised Codethis chapter:	92

(A) "Active ingredient" means any ingredient that will	93
prevent, destroy, kill, repel, control, or mitigate any pest, or	94
that will act as a plant regulator, defoliant, or desiccant.	95

(B) "Adulterated" shall apply to any pesticide if its	96
strength or purity is less than or greater than the professed	97
standard or quality as expressed on its labeling or under which it	98
is sold, if any substance has been substituted wholly or in part	99
for the pesticide, or if any valuable constituent of the pesticide	100
has been wholly or in part abstracted.	101

(C) "Agricultural commodity" means any plant or part thereof	102
or animal or animal product, produced for commercial use by a	103
person, including farmers, ranchers, vineyardists, plant	104
propagators, Christmas tree growers, aquaculturists,	105
floriculturists, orchardists, foresters, or other comparable	106
persons, primarily for the sale, consumption, propagation, or	107
other use, by manhumans or animals.	108

(D) "Aircraft" means any device used or designed for	109
navigation or flight in the air, except a parachute or other	110
device used primarily as safety equipment.	111

(E) "Animal" means all vertebrate and invertebrate species,	112
including, but not limited to, manhumans and other mammals,	113
birds, fish, and shellfish.	114

(F) "Authorized diagnostic inspection" means a diagnostic	115
inspection conducted by a commercial applicator in the	116
pesticide-use category in which the commercial applicator is	117
licensed under this chapter.	118

(G) "Beneficial insects" means those insects that, during	119
their life cycle, are effective pollinators of plants, are	120
parasites or predators of pests, or are otherwise beneficial.	121

(G)(H) "Brand" means any word, name, symbol, device, or any	122
combination thereof, that serves to distinguish the pesticide	123
manufactured or distributed by one person from that manufactured	124
or distributed by any other person.	125

(H) "Certification" means the recognition by a certifying	126
agency that a person is competent and authorized to use or	127
directly supervise the use of restricted use pesticides.	128

(I) "CertifiedPesticide applicator" means an individual who	129
is certified by the director of agriculture to use or to directly	130
supervise the use of restricted use pesticides in categories	131
specified in the certification or for specific uses named in the	132
permita commercial applicator or a private applicator.	133

(J) "Private applicator" means an individual who is certified	134
licensed under section 921.11 of the Revised Code and who uses or	135
directly supervises the use of any restricted use pesticide for	136
purposes of producing any agricultural commodity on property owned	137
or rented by him or his employer or, if applied without	138
compensation other than trading of personal services between	139
producers of agricultural commodities, on the property of another	140
person.	141

(K) "Commercial applicator" means an individual who is	142
certified as a custom applicator, a custom operator, or a public	143
operator, whether or not he is a private applicator with respect	144
to some uses, and who uses or directly supervises the use of any	145
pesticide, "Commercial applicator" includes an individual who	146
provides diagnostic inspections to determine infestations of pests	147
on property, or who offers pest control services, other than as	148
provided by the definition of "private applicatorlicensed under	149
section 921.06 of the Revised Code to apply pesticides or to	150
conduct authorized diagnostic inspections."	151

(L) "Limited commercial applicator" means an individual other	152
than a private applicator who limits his pesticide application	153
activities including direct supervision of the use of pesticides	154
to his own property or to that of his principal employer and who	155
has been certified or licensed as competent by the director to	156
apply restricted use pesticides or general use pesticides in those	157
certain categories and in the manner specified in his	158
certification or licensure.	159

(M) "Certifying agency" means the department of agriculture	160
or a similar agency of another state recognized as such by the	161
United States environmental protection agency.	162

(N) "Custom applicator" means any individual who applies	163
pesticides in this state for hire, but does not include any of the	164
following:	165

(1) A private applicator;

166

(2) A public applicator;

167

(3) A trained serviceman;

168

(4) Limited commercial applicator.

169

(O) "Custom operator" means an individual, other than a	170
trained serviceman, who may directly supervise a trained	171
serviceman in activities that include recommending control,	172
handling, mixing, and applying pesticides and the disposal of	173
waste, excess materials, or containers.	174

(P) "Competent" means properly qualified to perform the	175
functions that are prescribed by the director of agriculture and	176
under the federal act, and that are associated with pesticide	177
application as evidenced by passing the general examination and	178
each applicable pesticide-use category examination for the	179
pesticide-use categories in which a person applies pesticides and,	180
in the case of a person who is a commercial applicator, conducts	181
diagnostic inspections and by meeting any other criteria	182
established by rule.	183

(Q)(M) "Federal act" means the "Federal Insecticide,	184
Fungicide and Rodenticide Act," 61 Stat. 163 (1947), 7 U.S.C.A.	185
136, as amended.	186

(R)(N) "Defoliant" means any substance or mixture of	187
substances intended for causing the leaves or foliage to drop from	188
a plant, with or without causing abscission.	189

(S)(O) "Desiccant" means any substance or mixture of	190
substances intended for artificially accelerating the drying of	191
plant tissue.	192

(T)(P) "Device" means any instrument or contrivance, other	193
than a firearm, that is intended for trapping, destroying,	194
repelling, or mitigating any pest or any other form of plant or	195
animal life, other than manhuman beings and other than bacteria,	196
virus, or other microorganism on or in living manhuman beings or	197
other living animals. "Device" does not include equipment used for	198
the application of pesticides when sold separately therefrom.	199

(U)(Q) "Direct supervision" means either of the following, as	200
applicable:	201

(1) Unless otherwise prescribed by its labeling, a pesticide	202
is considered to be applied under the direct supervision of a	203
commercial or limited commercial applicator, if it is applied by a	204
trained servicemanserviceperson acting under the instructions and	205
control of a commercial or limited commercial applicator who is	206
responsible for the actions of that trained serviceman and who is	207
available when needed, even though the commercial or limited	208
commercial applicator is not physically present at the time and	209
place the pesticide is applied;.	210

(2) Unless otherwise prescribed by its labeling, a	211
restricted use pesticide is considered to be applied under the	212
direct supervision of a private applicator, if it is applied by an	213
employee or immediate family member or a subordinate employee of	214
that private applicator acting under the instructions and control	215
of the private applicator, who is responsible for the actions of	216
that employee or immediate family member or subordinate employee	217
and who is available when needed, even though the private	218
applicator is not physically present at the time and place the	219
restricted use pesticide handling activities areapplication is	220
occurring. Restricted use pesticide handling activities include	221
equipment calibration, mixing, loading, application, operator	222
safety, and disposal.	223

(V)(R) "Directly supervise" means providing direct	224
supervision under division (U)(Q)(1) or (2) or both of those	225
divisions of this section, as applicable.	226

(W)(S) "Distribute" means to offer or hold for sale, sell,	227
barter, ship, deliver for shipment, or receive and, having so	228
received, to deliver or offer to deliver, pesticides in this	229
state. "Distribute" does not mean to hold for use, apply, or use	230
pesticides or dilutions of pesticides, except when a pesticide	231
dealer holds for use, applies, or uses pesticides or dilutions of	232
pesticides in the course of business with a commercial applicator	233
who is employed by that pesticide dealer.	234

(X)(T) "Environment" includes water, air, land, and all	235
plants and manhuman beings and other animals living therein, and	236
the interrelationships that exist among them.	237

(Y)(U) "Fungus" means any nonchlorophyll-bearing thallophyte,	238
which is any nonchlorophyll-bearing plant of a lower order than	239
mosses and liverworts, as for example, rust, smut, mildew, mold,	240
yeast, and bacteria, except those on or in living manhuman beings	241
or other animals, or processed food, beverages, or	242
pharmaceuticals.	243

(Z)(V) "General use pesticide" means a pesticide that is	244
classified for general use under provisions of the federal act.	245

(AA)(W) "Ground equipment" means any device, other than	246
aircraft, used on land or water to apply pesticides in any form.	247

(BB)(X) "Immediate family" means a person's spouse residing	248
in the person's household, brothers and sisters of the whole or of	249
the half blood, children, including adopted children, parents, and	250
grandparents.	251

(Y) "Incidental use" or "incidentally use" means the	252
application of a general use pesticide on an occasional, isolated,	253
site-specific basis in order to avoid immediate personal harm.	254
"Incidental use" or "incidentally use" does not mean regular,	255
routine, or maintenance application of a general use pesticide.	256

(Z) "Inert ingredient" means an ingredient that is not	257
active.	258

(CC)(AA) "Ingredient statement" means a statement of the name	259
and percentage of each active ingredient, together with the total	260
percentage of inert ingredients. When the pesticide contains	261
arsenic in any form, the ingredient statement shall include	262
percentages of total and water soluble arsenic, each calculated as	263
elemental arsenic.	264

(DD)(BB) "Insect" means any of the numerous small	265
invertebrate animals generally having the body more or less	266
obviously segmented, for the most part belonging to the class	267
insecta, including, but not limited to, beetles, bugs, bees, and	268
flies, and to other allied classes of arthropods, including, but	269
not limited to, spiders, mites, ticks, centipedes, and wood lice.	270

(EE)(CC) "Integrated pest management" means a sustainable	271
approach to managing pests by combining biological, cultural,	272
physical, and chemical tools in a way that minimizes economic,	273
health, and environmental risks.	274

(DD) "Label" means the written, printed, or graphic matter	275
on, or attached to the pesticide or device, or any of its	276
containers or wrappers.	277

(FF)(EE) "Labeling" means all labels and other written,	278
printed, or graphic matter:	279

(1) Accompanying the pesticide product or device at any	280
time;	281

(2) To which reference is made on the label or in literature	282
accompanying the pesticide product or device, except when	283
accurate, nonmisleading reference is made to current official	284
publications of the United States environmental protection agency,	285
the United States department of agriculture or interior, the	286
United States department of health and human services, state	287
experiment stations, state agricultural colleges, or other similar	288
federal or state institutions or official agencies, authorized by	289
law to conduct research in the field of pesticides;	290

(3) Including all brochures, technical and sales bulletins,	291
and all advertising material.	292

(GG)(FF) "Licensure" includes certification as used in the	293
federal act.	294

(GG) "Misbranded" applies, if the conditions of either	295
division (GG)(1) or (2) of this section are satisfied as follows:	296

(1) To any pesticide or device, if at least one of the	297
following occurs:	298

(a) Its labeling bears any statement, design, or graphic	299
representation relative thereto or to its ingredients that is	300
false or misleading in any particular;.	301

(b) It is an imitation of or is distributed under the name	302
of another pesticide or device;.	303

(c) Any word, statement, or other information required to	304
appear on the label or labeling is not prominently placed thereon	305
with such conspicuousness, as compared with other words,	306
statements, designs, or graphic matter in the labeling, and in	307
such terms as to render it likely to be read and understood by the	308
ordinary individual under customary conditions of purchase and	309
use.	310

(2) To any pesticide, if at least one of the following	311
occurs:	312

(a) The labeling of a restricted use pesticide does not	313
contain a statement that it is a restricted use pesticide;.	314

(b) The labeling accompanying it does not contain directions	315
for use that are necessary for effecting the purpose for which the	316
pesticide is intended and, if complied with, together with any	317
requirements imposed by the federal act, that are adequate to	318
protect the environment;.	319

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

320

(i) The name, brand, or trademark under which the pesticide	321
is distributed;	322

(ii) An ingredient statement on the part of the immediate	323
container and on the outside container and wrapper of the retail	324
package, if any, through which the ingredient statement on the	325
immediate container cannot be clearly read, which is presented or	326
displayed under customary conditions of purchase, provided that	327
the ingredient statement may appear prominently on another part of	328
the container as permitted by the amended federal act or by the	329
director;	330

(iii) A warning or caution statement that may be necessary	331
and that, if complied with together with any requirement imposed	332
under the federal act, would be adequate to protect the	333
environment;	334

(iv) The net weight or measure of the contents, subject to	335
such reasonable variations as the administrator of the United	336
States environmental protection agency or the director of	337
agriculture may permit;	338

(v) The name and address of the manufacturer, registrant, or	339
person for whom manufactured;	340

(vi) The United States environmental protection agency	341
registration number assigned to each establishment in which the	342
pesticide was produced and the agency registration number assigned	343
to it, as required by regulations under the federal act.	344

(d) ThatThe pesticide contains any substance or substances	345
in quantities highly toxic to manhuman beings unless the label	346
bears, in addition to other label requirements, all of the	347
following:	348

(i) The skull and crossbones;

349

(ii) The word "poison" in red prominently displayed on a	350
background of distinctly contrasting color;	351

(iii) A statement of an antidote or a practical or emergency	352
medical treatment, first aid or otherwise, in case of poisoning by	353
the pesticide.	354

(e) It is contained in a package or other container or	355
wrapping that does not conform to the standard established by the	356
administrator of the United States environmental protection	357
agency.	358

(HH) "Nematodes" means invertebrate animals of the phylum	359
nemathelminthes and class nematoda, which are unsegmented, round	360
worms with elongated, fusiform, or sac-like bodies covered with	361
cuticle, and that inhabit soil, water, plants, or plant parts and	362
also may be called nema or eel-worms.	363

(II) "Permit" means a certificate issued by the director of	364
agriculture authorizing the purchase or use of a pesticide.	365

(JJ) "Pest" means a harmful, destructive, or nuisance insect,	366
fungus, rodent, nematode, bacterium, bird, snail, weed, or	367
parasitic plant or a harmful or destructive form of plant or	368
animal life or virus, or any plant or animal species that the	369
director declares to be a pest, except viruses, bacteria, or other	370
microorganisms on or in living animals, including manhuman	371
beings.	372

(KK)(JJ) "Pesticide" means any substance or mixture of	373
substances intended for either of the following:	374

(1) Preventing, destroying, repelling, or mitigating any	375
pest;	376

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

377

"Pesticide" includes a pest monitoring system designated by	378
rule.	379

(LL)(KK) "Pesticide dealer" means any person who distributes	380
restricted use pesticides or pesticides whose uses or distribution	381
are further restricted by the director to the ultimate user or to	382
a commercial applicator who is employed by that pesticide dealer.	383

(MM)(LL) "Pesticide application business" means any location	384
that is used for the purpose of engaging in the business of	385
applyinga person who performs pesticide business activities.	386

(MM) "Pesticide business activities" means any of the	387
following:	388

(1) The application of pesticides to the property of	389
another for hire, but does not mean any location that is used	390
exclusively to perform administrative or other functions not	391
directly connected with the storage, preparation, handling, or	392
distribution of the pesticides to be applied;	393

(2) The solicitation to apply pesticides;

394

(3) The conducting of authorized diagnostic inspections.

395

(NN) "Pesticide business registered location" means a	396
location at which pesticide business activities are conducted and	397
that is registered through the issuance of a license to a	398
pesticide business under section 921.09 of the Revised Code.	399

(OO) "Pesticide-use category" means a specialized field of	400
pesticide application or of diagnostic inspection as defined by	401
rule.	402

(NN)(PP) "Plant regulator" means any substance or mixture of	403
substances, intended, through physiological action, for	404
accelerating or retarding the growth or rate of maturation, or for	405
otherwise altering the behavior of plants or the produce thereof,	406
but shalldoes not include substances to the extent that they are	407
intended as plant nutrients, trace elements, nutritional	408
chemicals, plant inoculants, or soil amendments.	409

(OO)(QQ) "Product name" means a coined or specific	410
designation applied to an individual pesticide of a fixed	411
combination and derivation.	412

(PP) "Public operator" means an individual who himself	413
applies, or directly supervises the application of pesticides by a	414
trained serviceman, while acting as an employee of the United	415
States government, a state, county, township, or municipal	416
governmental agency, or of a park district, port authority, or	417
sanitary district created pursuant to Chapter 1545., 4582., or	418
6115. of the Revised Code.	419

(QQ)(RR) "Registrant" means a person who has registered a	420
pesticide pursuant to sections 921.01 to 921.29 of the Revised	421
Codeunder this chapter.	422

(RR)(SS) "Restricted use pesticide" means any pesticide or	423
pesticide use classified by the administrator of the United States	424
environmental protection agency for use only by a certified	425
pesticide applicator or by an individual working under the direct	426
supervision of a certifiedpesticide applicator.	427

(SS)(TT) "Rule" means a rule adopted under section 921.16 of	428
the Revised Code.	429

(UU) "Sell or sale" means exchange of ownership or transfer	430
of custody.	431

(TT)(VV) "State restricted use pesticide" means any pesticide	432
or pesticides classified by the director subsequent to a hearing	433
held in accordance with Chapter 119. of the Revised Code for use	434
only by certifiedpesticide applicators or individuals working	435
under their direct supervision.	436

(UU)(WW) "Unreasonable adverse effects on the environment"	437
means any unreasonable risk to manhuman beings or the environment	438
taking into account the economic, social, and environmental	439
benefits and costs of the use of any pesticide.	440

(VV)(XX) "Trained servicemanserviceperson" means an employee	441
of a commercial applicator or limited commercial applicator whom	442
the commercial applicator or limited commercial applicator has	443
instructed in the proper use of the equipment and all pesticides	444
with which the employee is to workan employee of a pesticide	445
business, other business, agency of the United States government,	446
state agency, or political subdivision who has been trained to	447
apply pesticides while under the direct supervision of a	448
commercial applicator.	449

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

450

(XX)(ZZ) "Wildlife" means all living things that are neither	451
human, domesticated, nor areor pests, including, but not limited	452
to, mammals, birds, and aquatic life.	453

(YY)(AAA) "Trade secret" and "confidential business	454
information" mean any formula, plan, pattern, process, tool,	455
mechanism, compound, procedure, production date, or compilation of	456
information that is not patented, that is known only to certain	457
individuals within a commercial concern, and that gives its user	458
an opportunity to obtain ana business advantage over competitors	459
who do not know or use it.	460

Sec. 921.02.  (A) EachNo person shall distribute a pesticide	461
that is distributed within this state shall beunless the	462
pesticide is registered with the director of agriculture subject	463
to sections 921.01 to 921.29 of the Revised Codeunder this	464
chapter. Registrations shall be issued for a period of time	465
established by rule and shall be renewed in accordance with	466
deadlines established by rule. Registration is not required if a	467
pesticide is shipped from one plant or warehouse to another plant	468
or warehouse operated by the same person and used solely at that	469
plant or warehouse as a constituent part to make a pesticide that	470
is registered under sections 921.01 to 921.29 of the Revised Code	471
this chapter, or if the pesticide is distributed under the	472
provisions of an experimental use permit issued under section	473
921.03 of the Revised Code or an experimental use permit issued by	474
the United States environmental protection agency.	475

(B) The applicant for registration of a pesticide shall file	476
a statement with the director on a form provided by the director,	477
which shall include all of the following:	478

(1) The name and address of the applicant and the name and	479
address of the person whose name will appear on the label, if	480
other than the applicant's name;	481

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

482

(3) Any necessary information required for completion of the	483
department of agriculture's application for registration,	484
including the agency registration number;	485

(4) A complete copy of the labeling accompanying the	486
pesticide and a statement of all claims to be made for it,	487
including the directions for use and the use classification as	488
provided for in the federal act.	489

(C) The director, when the director considers it necessary	490
in the administration of sections 921.01 to 921.29 of the Revised	491
Codethis chapter, may require the submission of the complete	492
formula of any pesticide including the active and inert	493
ingredients.	494

(D) The director may require a full description of the tests	495
made and the results thereof upon which the claims are based for	496
any pesticide. The director shall not consider any data submitted	497
in support of an application, without permission of the applicant,	498
in support of any other application for registration unless the	499
other applicant first has offered to pay reasonable compensation	500
for producing the test data to be relied upon and the data are not	501
protected from disclosure by section 921.04 of the Revised Code.	502
In the case of a renewal of registration, a statement shall be	503
required only with respect to information that is different from	504
that furnished when the pesticide was registered or last	505
registered.	506

(E) The director may require any other information to be	507
submitted with an application.	508

Any applicant may designate any portion of the required	509
registration information as a trade secret or confidential	510
business information. Upon receipt of any required registration	511
information designated as a trade secret or confidential business	512
information, the director shall consider the designated	513
information as confidential and shall not reveal or cause to be	514
revealed any such designated information without the consent of	515
the applicants, except to persons directly involved in the	516
registration process described in this section or as required by	517
law.	518

(F) Each applicant shall pay a registration and inspection	519
fee of fifty dollars per yearestablished by rule for each product	520
name and brand registered for the company whose name appears on	521
the label. If an applicant files for a renewal of registration	522
after the deadline established by rule, the applicant shall pay a	523
penalty fee of twenty-five dollarsestablished by rule for each	524
product name and brand registered for the applicant. The penalty	525
fee shall be added to the original fee and paid before the renewal	526
registration is issued. In addition to any other remedy available	527
under sections 921.01 to 921.29 of the Revised Codethis chapter,	528
if a pesticide that is not registered pursuant to this section is	529
distributed within this state, the person required to register the	530
pesticide shall do so and shall pay a penalty fee of twenty-five	531
dollarsestablished by rule for each product name and brand	532
registered for the applicant. The penalty fee shall be added to	533
the original fee and paid before the registration is issued.	534

(G) Provided that the state is certifiedauthorized by the	535
administrator of the United States environmental protection agency	536
to register pesticides to meet special local needs, the director	537
shall require the information set forth under divisions (B), (C),	538
(D), and (E) of this section and shall register any such pesticide	539
after determining that all of the following conditions are met:	540

(1) Its composition is such as to warrant the proposed	541
claims for it.	542

(2) Its labeling and other material required to be submitted	543
comply with the requirements of the federal act and of sections	544
921.01 to 921.29 of the Revised Codethis chapter, and rules	545
adopted thereunder.	546

(3) It will perform its intended function without	547
unreasonable adverse effects on the environment.	548

(4) When used in accordance with widespread and commonly	549
recognized practice, it will not generally cause unreasonable	550
adverse effects on the environment.	551

(5) The classification for general or restricted use is in	552
conformity with the federal act.	553

The director shall not make any lack of essentiality a	554
criterion for denying the registration of any pesticide. When two	555
pesticides meet the requirements of this division (G) of this	556
section, the director shall not register one in preference to the	557
other.	558

(H)(1) The director may refuse to register a pesticide if	559
the application for registration fails to comply with this	560
section.	561

(2) The director may suspend or revoke a pesticide	562
registration after a hearing in accordance with Chapter 119. of	563
the Revised Code for a pesticide that fails to meet the claims	564
made for it on its label.	565

(3) The director may immediately suspend a pesticide	566
registration, prior to a hearing, when the director believes that	567
the pesticide poses an immediate hazard to human or animal health	568
or a hazard to the environment. Not later than fifteen days after	569
suspending the registration, the director shall determine whether	570
the pesticide poses such a hazard. If the director determines	571
that no hazard exists, the director shall lift the suspension of	572
the registration. If the director determines that a hazard	573
exists, the director shall revoke the registration in accordance	574
with Chapter 119. of the Revised Code.	575

Sec. 921.06.  (A)(1) No individual shall act as or hold	576
oneself out to the public as being a custom applicatordo any of	577
the following without having a customcommercial applicator	578
license issued by the director of agriculture. The individual	579
shall obtain an additional license for each pesticide application	580
business location for which the individual is the commercial	581
applicator of record. Licenses:	582

(a) Apply pesticides for a pesticide business without direct	583
supervision;	584

(b) Apply pesticides as part of the individual's duties	585
while acting as an employee of the United States government, a	586
state, county, township, or municipal corporation, or a park	587
district, port authority, or sanitary district created under	588
Chapter 1545., 4582., or 6115. of the Revised Code, respectively;	589

(c) Apply restricted use pesticides. Division (A)(1)(c) of	590
this section does not apply to a private applicator or an	591
immediate family member or a subordinate employee of a private	592
applicator who is acting under the direct supervision of that	593
private applicator.	594

(d) If the individual is the owner of a business other than	595
a pesticide business or an employee of such an owner, apply	596
pesticides at any of the following publicly accessible sites that	597
are located on the property:	598

(i) Food service operations as defined in section 3717.01 of	599
the Revised Code;	600

(ii) Retail food establishments as defined in section	601
3717.01 of the Revised Code;	602

(iii) Golf courses;

603

(iv) Rental properties of more than four apartment units at	604
one location;	605

(v) Hospitals or medical facilities as defined in section	606
3701.01 of the Revised Code;	607

(vi) Child day-care centers or school child day-care centers	608
as defined in section 5104.01 of the Revised Code;	609

(vii) Facilities owned or operated by a school district	610
established under Chapter 3311. of the Revised Code, including an	611
education service center, a community school established under	612
Chapter 3314. of the Revised Code, or a chartered or nonchartered	613
nonpublic school that meets minimum standards established by the	614
state board of education;	615

(viii) Wholesale food establishments as defined in section	616
3715.021 of the Revised Code;	617

(ix) Any other site designated by rule.

618

(e) Conduct authorized diagnostic inspections.

619

(2) Divisions (A)(1)(a) to (d) of this section do not apply	620
to an individual who is acting as a trained serviceperson under	621
the direct supervision of a commercial applicator.	622

(3) Licenses shall be issued for a period of time	623
established by rule and shall be renewed in accordance with	624
deadlines established by rule. The fee for each such license is	625
one hundred dollars per year to be submitted with the application	626
shall be established by rule. If a license is not issued or	627
renewed, the application fee shall be retained by the state as	628
payment for the reasonable expense of processing the application.	629
The director shall by rule classify by categoriespesticide-use	630
category licenses to be issued under this section. A single	631
license may include more than one pesticide-use category. No	632
individual shall be required to pay an additional license fee if	633
the individual is licensed for more than one category, but the	634
individual shall pay an additional license fee for each pesticide	635
application business location for which the individual is the	636
commercial applicator of record.	637

The fee for each license or renewal does not apply to an	638
applicant who is an employee of the department of agriculture.	639

(B) Application for a customcommercial applicator license	640
shall be made on a form prescribed by the director. Each	641
application for a license shall state the licensepesticide-use	642
category or categories of license for which the applicant is	643
applying and other information that the director determines	644
essential to the administration of sections 921.01 to 921.29 of	645
the Revised Codethis chapter.	646

(C) If the director finds that the applicant is qualified	647
competent to apply pesticides and conduct diagnostic inspections	648
and that the applicant has passed both the general examination and	649
each applicable pesticide-use category examination as required	650
under division (A) of section 921.12 of the Revised Code, the	651
director shall issue a customcommercial applicator license	652
limited to the pesticide-use category or categories for which the	653
applicant is qualified. Custom applicators, upon obtaining a valid	654
license under this section, are certified applicators for the	655
purpose of applying or directly supervising the use of restricted	656
use pesticides pertinent to their respective categoriesfound to	657
be competent. If the director rejects an application, the director	658
may explain why the application was rejected, describe the	659
additional requirements necessary for the applicant to obtain a	660
license, and return the application. The applicant may resubmit	661
the application without payment of any additional fee.	662

(D)(1) A person who is a commercial applicator shall be	663
deemed to hold a private applicator's license for purposes of	664
applying pesticides on agricultural commodities that are produced	665
by the commercial applicator.	666

(2) A commercial applicator shall apply pesticides only in	667
the pesticide-use category or categories in which the applicator	668
is licensed under this chapter.	669

Sec. 921.22.        Sec. 921.08.  Nonresident custom applicators, custom	670
operators, public operators, and limited commercial applicators,	671
and nonresident private applicators who are licensed in another	672
state having a state plan approved by the United States	673
environmental protection agency to operate in certain	674
pesticide-use categories may be issued a license by the director	675
of agriculture covering the same categories in this state without	676
a categoricalpesticide-use category examination. However, such	677
nonresidents may be required to demonstrate their knowledge of the	678
lawsthis chapter and rules of this stateadopted under it by	679
submitting themselves to an examination covering such lawsthis	680
chapter and those rules contained and promulgated under this	681
chapter. A nonresident custom operator can be licensed in this	682
state only if his supervisor or employer is also licensed in this	683
state. Private applicators certified in another state may operate	684
in Ohio as do resident private applicators without also being	685
certified in Ohio, except that they may be required to	686
demonstrate their knowledge of the laws and rules of this state.	687
Licenses or certificates issued pursuant to this section may be	688
suspended or revoked in the same manner as other licenses or	689
certificatesissued pursuant to this chapter, or upon suspension	690
or revocation of the license or certificate of another state or	691
the federal government supporting the issuance of an Ohioa	692
license or certificateissued under this section.	693

Sec. 921.021.        Sec. 921.09. (A)(1) No person shall own or operate a	694
pesticide application business without obtaining a license for	695
each location owned or operated by the person in the state from	696
the director of agriculture. Licenses shall be issued for a	697
period of time established by rule and shall be renewed in	698
accordance with deadlines established by rule.	699

(2) A person applying for a pesticide business license shall	700
register each location that is owned by the person and used for	701
the purpose of engaging in the pesticide business.	702

(B) Any person who owns or operates a pesticide application	703
business outside of this state, but engages in the business of	704
applying pesticides to properties of another for hire in this	705
state, shall obtain a license for the person's principal	706
out-of-state location from the director. In addition, the person	707
shall register each location that is owned by the person in this	708
state and used for the purpose of engaging in the pesticide	709
business.	710

(C)(1) The person applying for a pesticide application	711
business license shall file a statement with the director, on a	712
form provided by the director, that shall include anyall of the	713
following:	714

(a) The address of the principal place of business of the	715
pesticide business;	716

(b) The address of each location that the person intends to	717
register under division (A)(2) or (B) of this section;	718

(c) Any other information that the director determines	719
necessary and that the director requires by rule. Each	720

(2) Each applicant shall pay a license fee of twenty dollars	721
per year for each pesticide application business license the	722
applicant is required to obtainestablished by rule for the	723
pesticide business plus an additional fee established by rule for	724
each pesticide business registered location specified in the	725
application. The license may be renewed upon payment of a renewal	726
fee established by rule plus an additional fee established by rule	727
for each pesticide business registered location. A copy of the	728
license shall be maintained and conspicuously displayed at each	729
such location.	730

(3) The issuance of a pesticide business license constitutes	731
registration of any pesticide business location identified in the	732
application under division (C)(1) of this section.	733

(4) The owner or operator of a pesticide business shall	734
notify the director not later than fifteen days after any change	735
occurs in the information required under division (C)(1)(a) or (b)	736
of this section.	737

(D) The owner or operator of a pesticide application	738
business shall employ at least one licensed customcommercial	739
applicator for each pesticide application business registered	740
location the owner or operator owns or operates.	741

(E) The owner or operator of a pesticide application	742
business is responsible for the acts of each employee in the	743
handling, application, and use of pesticides and in the conducting	744
of diagnostic inspections. The pesticide application business	745
license is subject to denial, modification, suspension, or	746
revocation after a hearing for any violation of this chapter or	747
any rule adopted or order issued under it. The director may levy	748
against the owner or operator any civil penalties authorized by	749
division (B) of section 921.16 of the Revised Code for any	750
violation of this chapter or any rule adopted or order issued	751
under it that is committed by the owner or operator or by the	752
owner's or operator's officer, employee, or agent.	753

(F) The director may modify a license issued under this	754
section by one of the following methods:	755

(1) Revoking a licensee's authority to operate out of a	756
particular pesticide business registered location listed under	757
division (C)(1)(b) of this section;	758

(2) Preventing a licensee from operating within a specific	759
pesticide-use category.	760

(G) The director may deny a pesticide application business	761
license to any current owner, operator, officer, or agentperson	762
whose pesticide application business license has been revoked	763
within the previous thirty-six months.	764

(G) The director shall adopt any rules necessary to	765
administer and enforce this section(H) Each pesticide business	766
registered location that is owned by a pesticide business is	767
subject to inspection by the director.	768

Sec. 921.10.  (A) The director of agriculture shall not	769
issue a pesticide application business license until the	770
applicant has submitted to the director an effective liability	771
insurance policy or such other evidence of financial	772
responsibility as the director determines necessary. The director	773
shall establish by rule, in accordance with Chapter 119. of the	774
Revised Code, the amount and condition of such liability	775
insurance or other evidence of financial responsibility required.	776
Such requirements shall be based upon the category and operation	777
of the applicantpesticide-use categories in which commercial	778
applicators are licensed to apply pesticides for the pesticide	779
business.	780

(B) Should the evidence of financial responsibility expire	781
without renewal prior to the expiration of the license, the	782
license of the pesticide application business is automatically	783
suspended.	784

(C) Should the evidence of financial responsibility	785
furnished become unsatisfactory, the pesticide application	786
business shall upon notice immediately execute evidence of	787
financial responsibility meeting the requirements of this section	788
or applicable rules, and should the pesticide application	789
business fail to do so, the director shall suspend the pesticide	790
application business's license and give the business notice of	791
such suspension.	792

(D)(C) The licensee to whom a suspension order is issued	793
shall be afforded a hearing in accordance with Chapter 119. of the	794
Revised Code, after which the director shall reinstate or revoke	795
the suspended license.	796

(E)(D) Nothing in this chapter shall be construed to relieve	797
any person from liability for any damage to the person or lands of	798
another caused by the use of pesticides even though such use	799
conforms to the rules.	800

Sec. 921.11.  (A)(1) No individual shall apply restricted	801
use pesticides unless the individual is one of the following:	802

(a) Licensed under section 921.06, 921.07, 921.08, or 921.12	803
of the Revised Code;	804

(b) A private applicator certifiedLicensed under division	805
(B) of this section;	806

(c) A trained servicemanserviceperson who is acting under	807
the direct supervision of a commericalcommercial applicator or	808
limited commercial applicator;	809

(d) An employee or immediate family member or a subordinate	810
employee of a certified private applicator who is acting under the	811
direct supervision of that private applicator.	812

(2) No individual shall directly supervise the application	813
of a "restricted use pesticide" unless hethe individual is one of	814
the following:	815

(a) Licensed under section 921.06, 921.07, 921.08, or 921.12	816
of the Revised Code;	817

(b) A private applicator certifiedLicensed under division	818
(B) of this section.	819

(B) The director of agriculture shall adopt rules to	820
establish standards and procedures for the certificationlicensure	821
of private applicators. An individual shall apply for	822
certification as a private applicator license to the director, on	823
forms prescribed by the director. The individual shall include in	824
the application the pesticide-use category or categories of the	825
license for which the individual is applying and any other	826
information that the director determines is essential to the	827
administration of this chapter. The fee for each certification is	828
thirty dollars and the certificationlicense shall be established	829
by rule. Licenses shall be issued for a period is three yearsof	830
time established by rule and shall be renewed in accordance with	831
deadlines established by rule. If a certificationlicense is not	832
issued or renewed, the state shall retain any fee submitted as	833
payment for reasonable expenses of processing the application.	834

(C) An individual who is licensed under this section shall	835
use or directly supervise the use of a restricted use pesticide	836
only for the purpose of producing agricultural commodities on	837
property that is owned or rented by the individual or the	838
individual's employer.	839

Sec. 921.09.        Sec. 921.12.  (A) The director of agriculture shall	840
require each applicant for a license under sectionssection	841
921.06, 921.07, 921.08, and 921.12or 921.11 of the Revised Code	842
to be examined on the applicant's knowledge and competency in the	843
each of the following:	844

(1) This chapter and rules adopted under it;

845

(2) The proper use, handling, and application of pesticides	846
and, if the applicant is applying for a license under section	847
921.06 of the Revised Code, in the conducting of diagnostic	848
inspections in the pesticide-use categories for which the	849
applicant has applied.	850

(B) Each application for renewal of a license provided for	851
in section 921.06, 921.07, 921.08, or 921.12 of the Revised Code,	852
shall be filed prior to the deadline established by rule. If	853
filed thereafterafter the deadline, a penalty of fifty per cent	854
shall be assessed the custom applicator and the custom operator	855
and added to the original fee and shall be paid by the applicant	856
before the renewal license is issued. However, if a license or	857
certification issued under section 921.06, 921.07, 921.08, or	858
921.12 of the Revised Code is not renewed within one year of the	859
date of expiration, then suchthe licensee or certificate holder	860
shall be required to take another examination on this chapter and	861
rules adopted under it and on the proper use, handling, and	862
application of pesticides and the proper conducting of diagnostic	863
inspections in the pesticide-use categories for which the licensee	864
has been licensed.	865

(C) A person who fails to pass an examination under division	866
(A) or (B) of this section is not entitled to an adjudication	867
under Chapter 119. of the Revised Code for that failure.	868

(D) The holder of a custom applicator license, custom	869
operator license, limited commercial applicator license, or public	870
operator license may renew suchthe license within one year of the	871
date of expiration without re-examination unless the director	872
determines that a new examination is necessary to insure that the	873
holder continues to meet the requirements of changing technology	874
and to assure a continuing level of competence and ability to use	875
pesticides safely and properly.	876

(D)(E) The director shall determine when re-examination for	877
recertification ofthe renewal of licenses for private applicators	878
is required to insure that private applicators continue to meet	879
the requirements of changing technology and to assure a continuing	880
level of competence and ability to use pesticides safely and	881
properly.	882

(F) Instead of requiring a commercial applicator or private	883
applicator to complete re-examination successfully under division	884
(D) or (E) of this section, the director may require, in	885
accordance with criteria established by rule, the commercial	886
applicator or private applicator to participate in training	887
programs that are designed to foster knowledge of new technology	888
and to ensure a continuing level of competence and ability to use	889
pesticides safely and properly. The director or the director's	890
representative may provide the training or may authorize a third	891
party to do so. In order for such authorization to occur, the	892
third party and its training program shall comply with standards	893
and requirements established by rule.	894

Sec. 921.13.  (A) Any person who is acting in the capacity	895
of a pesticide dealer or who advertises or assumes to act as a	896
pesticide dealer at any time shall obtain a pesticide dealer	897
license from the director of agriculture. Licenses shall be	898
issued for a period of time established by rule and shall be	899
renewed in accordance with deadlines established by rule. A	900
license is required for each location or outlet within this state	901
from which the person distributes pesticides.	902

Any pesticide dealer who has no pesticide dealer outlets in	903
this state and who distributes restricted use pesticides directly	904
into this state shall obtain a pesticide dealer license from the	905
director for the pesticide dealer's principal out-of-state	906
location or outlet and for each sales person operating in the	907
state.	908

The applicant shall include a twenty-five dollar license fee	909
established by rule with the application for a license. The	910
application shall be made on a form prescribed by the director.	911

Each pesticide dealer shall submit records to the director of	912
all of the restricted use pesticides the pesticide dealer has	913
distributed, as specified by the director, and duplicate records	914
shall be retained by the pesticide dealer for a period of time	915
established by rules.	916

(B) This section does not apply to a custom applicator who	917
exclusively sells pesticides only as an integral part of the	918
custom applicator's pesticide application business when the	919
pesticides are dispensed only through equipment used for the	920
pesticide application or to any federal, state, county, or	921
municipal agency that provides pesticides for its own programs.	922

(C) Each licensed pesticide dealer is responsible for the	923
acts of each employee in the solicitation and sale of pesticides	924
and all claims and recommendations for use of pesticides. The	925
pesticide dealer's license is subject to denial, suspension, or	926
revocation after a hearing for any violation of sections 921.01 to	927
921.29 of the Revised Codethis chapter whether committed by the	928
pesticide dealer or by the pesticide dealer's officer, agent, or	929
employee.	930

Sec. 921.14. (A) Each licensed custom applicator, limited	931
commercial applicator, and public operator shall keep a record of	932
allboth of the following:	933

(1) All diagnostic inspections conducted to determine	934
infestations of pests as required by rules adopted under division	935
(C) of section 921.16 of the Revised Code;	936

(2) All pesticide applications made by himthe applicator	937
and by any trained serviceperson acting under the applicator's	938
direct supervision as required by rules adopted under division (C)	939
of section 921.16 of the Revised Code and maintain that record.	940

Each commercial applicator shall submit copies of the records	941
required under division (A) of this section to the pesticide	942
business, other business, state agency, or political subdivision	943
that employs the commercial applicator.	944

(B) Each pesticide business, other business, state agency,	945
or political subdivision that receives copies of records under	946
division (A) of this section shall retain them for a period of	947
three years from the date of the pesticide application to which	948
that record refers or for any longer period that the director of	949
agriculture determines necessarytime established by rule.	950

(C) Each certified private applicator shall keep a record of	951
all restricted use pesticide applications made by himthe	952
applicator or under histhe applicator's direct supervision as	953
required by rules adopted under division (C) of section 921.16 of	954
the Revised Code and. In addition, each private applicator shall	955
maintain thatthe record for a period of three years from the date	956
of the restricted use pesticide application to which that record	957
refers or for any longer period that the director of agriculture	958
determines necessary.	959

Each licensed custom applicator or custom operator shall keep	960
a record of all diagnostic inspections to determine infestations	961
of pests and of all pest control services as required by rules	962
adopted under division (C) of section 921.16 of the Revised Code,	963
and maintain that record for a period of three years from the date	964
of the inspection to which that record refers or for any longer	965
period that the director determines necessary.	966

Sec. 921.16.  (A) The director of agriculture shall adopt	967
rules the director determines necessary for the effective	968
enforcement and administration of sections 921.01 to 921.29 of the	969
Revised Codethis chapter. The rules may relate to, but are not	970
limited to, the time, place, manner, and methods of application,	971
materials, and amounts and concentrations of application of	972
pesticides, may restrict or prohibit the use of pesticides in	973
designated areas during specified periods of time, and shall	974
encompass all reasonable factors that the director determines	975
necessary to minimize or prevent damage to the environment. In	976
addition, the rules shall establish the fees, deadlines, and time	977
periods for registration and, registration renewal, late	978
registration renewal, and failure to register under section 921.02	979
of the Revised Code,and the fees, deadlines, and time periods for	980
licensure and license renewal under sections 921.021, 921.06,	981
921.07, 921.08, 921.12921.09, 921.11, and 921.13 of the Revised	982
Code, and the deadlines for certification under section 921.11 of	983
the Revised Code. The aggregate amount of the fees that initially	984
are established by rule after the effective date of this amendment	985
shall be designed to cover, but not exceed, the costs incurred by	986
the department of agriculture in administering this chapter.	987
Thereafter, the fees shall not be increased without the approval	988
of the general assembly.	989

(B) The director shall adopt rules that establish a schedule	990
of civil penalties for violations of sections 921.01 to 921.29 of	991
the Revised Codethis chapter, or any rule or order adopted or	992
issued under those sectionsit, provided that the civil penalty	993
for a first violation shall not exceed five thousand dollars and	994
the civil penalty for each subsequent violation shall not exceed	995
ten thousand dollars. In determining the amount of a civil	996
penalty for a violation, the director shall consider factors	997
relevant to the severity of the violation, including past	998
violations and the amount of actual or potential damage to the	999
environment or to human beings.	1000

(C) The director shall adopt rules that set forth the	1001
conditions under which the director:	1002

(1) Requires that notice or posting be given of a proposed	1003
application of a pesticide;	1004

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

1005

(3) Requires inspection, condemnation, or repair of	1006
equipment used to apply a pesticide;	1007

(4)(3) Will suspend, revoke, or refuse to issue any	1008
pesticide registration for a violation of sections 921.01 to	1009
921.29 of the Revised Codethis chapter;	1010

(5)(4) Requires safe handling, transportation, storage,	1011
display, distribution, and disposal of pesticides and their	1012
containers;	1013

(6)(5) Ensures the protection of the health and safety of	1014
agricultural workers storing, handling, or applying pesticides,	1015
and all residents of agricultural labor camps, as that term is	1016
defined in section 3733.41 of the Revised Code, who are living or	1017
working in the vicinity of pesticide-treated areas;	1018

(7)(6) Requires a record to be kept of all pesticide	1019
applications made by each licensed custom applicator, limited	1020
commercial applicator, and public operatorand by any trained	1021
serviceperson acting under the commercial applicator's direct	1022
supervision and of all restricted use pesticide applications made	1023
by each certified private applicator and by any immediate family	1024
member or subordinate employee of that private applicator who is	1025
acting under the private applicator's direct supervision as	1026
required under section 921.14 of the Revised Code;	1027

(8)(7) Determines thosethe pesticide-use categories of	1028
applicators who conductdiagnostic inspections that must be	1029
conducted by a commercial applicator;	1030

(8) Requires a record to be kept of all diagnostic	1031
inspections or who offer pest control services that must be	1032
performedconducted by a certifiedeach commercial applicator and	1033
for which written records are requiredand by any trained service	1034
person.	1035

(D) The director shall prescribe standards for the	1036
certificationlicensure of applicators of pesticides consistent	1037
with those prescribed by the federal act and the regulations	1038
adopted thereunderunder it or prescribe standards that are more	1039
restrictive than those prescribed by the federal act and the	1040
regulations adopted under it. The standards may relate to the use	1041
and handling of pesticides or to the use and handling of thea	1042
pesticide or class of pesticide uses covered by the individual's	1043
certification, and shall relate to the hazards involved and the	1044
use experienceto an individual's pesticide-use category.	1045

The director shall take into consideration standards of the	1046
United States environmental protection agency.	1047

(E) The director may adopt rules setting forth the	1048
conditions under which the director will:	1049

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

1050

(2) Specify classes of devices that shall be subject to	1051
this chapter;	1052

(3) Prescribe other necessary registration information.

1053

(F) The director may adopt rules to designatethat do either	1054
or both of the following:	1055

(1) Designate, in addition to those restricted uses so	1056
classified by the administrator of the United States environmental	1057
protection agency, restricted uses of pesticides for the state or	1058
for designated areas within the state and, if the director	1059
considers it necessary, to further restrict such use;	1060

(2) Define what constitutes "acting under the instructions	1061
and control of a commercial applicator" as used in the definition	1062
of "direct supervision" in division (Q)(1) of section 921.01 of	1063
the Revised Code. In adopting a rule under division (F)(2) of	1064
this section, the director shall consider the factors associated	1065
with the use of pesticide in the various pesticide-use categories.	1066
Based on consideration of the factors, the director may define	1067
"acting under the instructions and control of a commercial	1068
applicator" to include communications between a commercial	1069
applicator and a trained serviceperson that are conducted via	1070
landline telephone or a means of wireless communication. Any	1071
rules adopted under division (F)(2) of this section shall be	1072
drafted in consultation with representatives of the pesticide	1073
industry.	1074

(G) TheExcept as provided in division (D) of this section,	1075
the director shall not adopt any rule under sections 921.01 to	1076
921.29 of the Revised Codethis chapter that meets either of the	1077
following:	1078

(1) Permits any pesticide use that is prohibited by the	1079
federal act and regulations or orders issued thereunder;	1080

(2) As to certified applicators of restricted use pesticides	1081
as designated under the federal act, and rules adopted as to	1082
experimental use permits as authorized by the federal act, is	1083
inconsistent with the requirements of the federal act and	1084
regulations adopted thereunder.	1085

(H) The director, after notice and opportunity for hearing,	1086
may declare as a pest any form of plant or animal life, other than	1087
human beings and other than bacteria, viruses, and other	1088
microorganisms on or in living human beings or other living	1089
animals, that is injurious to health or the environment.	1090

(I) The director may make reports to the United States	1091
environmental protection agency, in the form and containing the	1092
information the agency may require.	1093

(J) The director shall adopt rules for the application,	1094
use, storage, and disposal of pesticides if, in the director's	1095
judgment, existing programs of the United States environmental	1096
protection agency, necessitate such rules or pesticide labels do	1097
not sufficiently address issues or situations identified by the	1098
department of agriculture or interested state agencies. The	1099
director may develop and enter into cooperative agreements with	1100
other state agencies for the purpose of developing and	1101
implementing voluntary or mandatory pesticide management plans	1102
that are designed to prevent unreasonable adverse effects on human	1103
health and the environment.	1104

(K) The director shall adopt rules establishing all of the	1105
following:	1106

(1) Standards, requirements, and procedures for the	1107
examination and re-examination of commercial applicators and	1108
private applicators;	1109

(2) With respect to training programs that the director may	1110
require commercial applicators and private applicators to	1111
complete:	1112

(a) Standards and requirements that a training program must	1113
satisfy in order to be offered by the director or the director's	1114
representative or in order to be approved by the director if a	1115
third party wishes to offer it;	1116

(b) Eligibility standards and requirements that must be	1117
satisfied by third parties who wish to provide the training	1118
programs;	1119

(c) Procedures that third parties must follow in order to	1120
submit a proposed training program to the director for approval;	1121

(d) Criteria that the director must consider when	1122
determining whether to authorize a commercial applicator or	1123
private applicator to participate in a training program instead of	1124
being required to pass a re-examination.	1125

(3) Training requirements for a trained serviceperson.

1126

(L) The director shall adopt all rules under sections 921.01	1127
to 921.29 of the Revised Codethis chapter in accordance with	1128
Chapter 119. of the Revised Code.	1129

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

1130

(1) Enter uponIn order to determine compliance with this	1131
chapter and rules adopted under it, enter any public or private	1132
premises or transport vehicles during regular business hours in	1133
order to have access to do any or all of the following:	1134

(a) Inspect and copy books, accounts,pesticide application	1135
records, contracts related to pesticide business activities, and	1136
memoranda, pesticides, or devices, subject to the sections of the	1137
law and the rules thereunder for the purpose of determining	1138
pesticide applications, the financial responsibility of the	1139
applicator, thedocuments;	1140

(b) Inspect the storage or disposal of pesticides; also, to	1141
inspect	1142

(c) Inspect and sample pesticides in storage or in use, the	1143
disposal of pesticides, to inspect;	1144

(d) Inspect equipment or devices used to apply pesticides,	1145
and to make copies of records in conformity therewith;	1146

(e) Inspect storage facilities and sites;

1147

(f) Inspect production areas of persons that manufacture	1148
pesticides for commercial purposes.	1149

(2) Enter upon any public or private premises at any time,	1150
when or where pesticides are being applied to determine if the	1151
applicator is or should be certified or licensed,or if proper	1152
notice has been given before pesticide application, and to collect	1153
samples of pesticides being applied or available for use, and to	1154
inspect equipment or devices used to apply pesticides;	1155

(3) Enter upon any public or private premises at reasonable	1156
hours to inspect any property thereon,or to collect samples of	1157
vegetation or animal life, water, soil, or other matter, in order	1158
to determine residue levels, efficacy of application, or adverse	1159
effects of application, drift, or spillage;	1160

(4) Should the director be denied access to any premises	1161
where such access is sought for the purposes set forth in this	1162
section, he may apply to any court of competent jurisdiction for a	1163
search warrant authorizing access to such land for saidthose	1164
purposes. The court may, upon such application, issue the search	1165
warrant for the purposes requested.	1166

(B) When the director or histhe director's authorized agent	1167
observes, or has reasonable cause to believe that a piece of	1168
equipment used by a customcommercial applicator or operator, a	1169
private applicator, or any other individual requires calibration,	1170
adjustment, or repair to enable it to perform satisfactorily, he	1171
the director may require such adjustment to be made immediately or	1172
issue a "stop operation" order pending repair to the equipment and	1173
hethe director may require a demonstration of it before	1174
cancellation or withdrawal of the stop operation order.	1175

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

1176

(1) Issue an order to the owner or custodian of any lot of	1177
pesticide or a device requiring it to be held at a designated	1178
place when the director or the director's authorized agent has	1179
reasonable cause to believe that the pesticide or device has been	1180
distributed, stored, transported, or used in violation of sections	1181
921.01 to 921.29 of the Revised Codethis chapter, or any rule	1182
adopted thereunder. The pesticide or device shall be held until a	1183
release in writing is issued by the director, the director's	1184
authorized agent, or by a court order. No release shall be issued	1185
until sections 921.01 to 921.29 of the Revised Code,this chapter	1186
and the rules adopted thereunder are complied with.	1187

(2) If the owner or custodian is not available for service	1188
of the order upon himthe owner or custodian, the director may	1189
attach the order to the pesticide or device and notify the owner	1190
or custodian, and the registrant.	1191

(D)(1) The director shall establish standards governing the	1192
development and implementation of integrated pest management	1193
practices that are designed to prevent unreasonable adverse	1194
effects on human health and the environment.	1195

(2) The director may enter into cooperative agreements	1196
with other state agencies for the implementation of voluntary or	1197
mandatory integrated pest management practices.	1198

Sec. 921.08.        Sec. 921.19. (A) Every state agency, municipal	1199
corporation, and every other governmental agency and political	1200
subdivision is subject to sections 921.01 to 921.29 of the Revised	1201
Codethis chapter and the rules adopted thereunder with respect to	1202
the application, handling, and use of pesticides.	1203

(B) No individual shall act as a public operator without	1204
having a public operator license issued by the director of	1205
agriculture. Licenses shall be issued for a period of time	1206
established by rule and shall be renewed in accordance with	1207
deadlines established by rule. The director shall by rule	1208
classify, by categories, licenses to be issued under this section.	1209

(C) An individual shall apply to the director for a public	1210
operator license on a form prescribed by the director. Each	1211
application for a license shall state the license category or	1212
categories for which the applicant is applying, and any other	1213
information that the director determines essential to the	1214
administration of sections 921.01 to 921.29 of the Revised Code.	1215

(D) After finding that the applicant is qualified, upon	1216
payment of a twenty-dollar license fee per year, the director	1217
shall issue a public operator license, limited to the category for	1218
which the applicant is qualified. The license and renewal fee	1219
does not apply to any applicant who is an employee of the	1220
department of agriculture. If a license is not issued or	1221
renewed, the fee submitted shall be retained by the state as	1222
payment for reasonable expenses of processing the application.	1223
Public operators, upon obtaining a valid license under this	1224
section, are certified applicators for the purpose of applying or	1225
directly supervising the use of restricted use pesticides	1226
pertinent to their respective categoriesEach state agency,	1227
municipal corporation, and other governmental agency and	1228
political subdivision is responsible for the acts of each of its	1229
employees in the application, handling, and use of pesticides.	1230

Sec. 921.151.        Sec. 921.22.  The pesticide program fund is hereby	1231
created in the state treasury. All money in the fund shall be	1232
used to carry out the purposes of this chapter. The fund shall	1233
consist of fees collected under sections 921.01 to 921.15 of the	1234
Revised Code and all fines, penalties, costs, and damages, except	1235
court costs, whichthat are collected by either the director of	1236
agriculture or the attorney general in consequence of any	1237
violation of sections 921.01 to 921.29 of the Revised Code. Not	1238
later than the thirtieth day of June of each year, the director of	1239
budget and management shall determine whether the amount credited	1240
to the pesticide program fund is in excess of the amount necessary	1241
to meet the expenses of the director of agriculture in	1242
administering this chapter and shall transfer any excess from the	1243
pesticide program fund to the general revenue fundthis chapter.	1244

Sec. 921.24.        Sec. 921.23.  The director of agriculture may suspend,	1245
pending inquiryprior to a hearing, for not longer than ten days,	1246
and, after the opportunity for hearing, may deny, suspend, revoke,	1247
refuse to renew, or modify any provision of any license, permit,	1248
or certificationregistration issued pursuant to this chapter if	1249
hethe director finds that the applicant or the holder of a	1250
license, permit, or certificateregistration is no longer	1251
qualified, has violated any provision of this chapter or rules	1252
adopted under it, has been found guilty of violating the Federal	1253
Insecticide, Fungicide and Rodenticide Actfederal act, or has	1254
been convicted of a misdemeanor involving moral turpitude or of a	1255
felony.	1256

Sec. 921.25.        Sec. 921.24. It is unlawful for anyNo person to	1257
shall do any of the following:	1258

(A) Apply, use, directly supervise such application or use,	1259
or recommend a pesticide for use inconsistent with itsthe	1260
pesticide's labeling, treatment standards, or other restrictions	1261
imposed by the director of agriculture;	1262

(B) Except as provided in division (C) of this section, use	1263
any pesticideAct as a commercial applicator without being	1264
licensed or certified to do so or being a trained serviceman under	1265
the direct supervision of a commercial applicator or limited	1266
commercial applicator;	1267

(C) Use any restricted use pesticide, unless certifiedthe	1268
person is licensed to do so, acting as a trained serviceman under	1269
the direct supervision of a commercial applicator or limited	1270
commercial applicator,is a trained serviceperson acting under the	1271
direct supervision of a commercial applicator, or acting asis an	1272
employee or immediate family member or a subordinate employee of a	1273
private applicator under the direct supervision of that private	1274
applicator;	1275

(D) Refuse or fail to keep andor maintain records required	1276
by the director in rules he adoptsadopted under sections 921.01	1277
to 921.29 of the Revised Codethis chapter, or to make reports	1278
when and as required by the director in rules he adoptsadopted	1279
under sections 921.01 to 921.29 of the Revised Codethis chapter;	1280

(E) Falsely or fraudulently represent the effect of	1281
pesticides or methods to be utilized;	1282

(F) Apply known ineffective or improper materials;

1283

(G) Operate in a negligent manner, which includes the	1284
operation of faulty or unsafe equipment;	1285

(H) Impersonate any federal, state, county, or municipal	1286
official;	1287

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

1288

(J) Directly supervise the use of any restricted use	1289
pesticide on the property of another without having a certified	1290
applicator inFail to provide training to trained servicepersons	1291
in the application of pesticides;	1292

(K) Fail to provide direct supervision as specified in rules	1293
adopted under division (C) of section 921.16 of the Revised Code;	1294

(K) Directly supervise the use of any general use pesticide	1295
on the property of another without having a licensed applicator in	1296
direct supervision	1297

(L) Distribute a misbranded or adulterated pesticide;

1298

(L)(M) Use fraud or misrepresentation in making application	1299
for a license or certificateregistration or renewal of a license	1300
or certificateregistration;	1301

(M)(N) Refuse, fail, or neglect to comply with any	1302
limitation or restriction of a license or registration issued	1303
pursuant to sections 921.01 to 921.29 of the Revised Codeunder	1304
this chapter or rules adopted thereunder;	1305

(N)(O) Aid or abet a licensee or another person in violating	1306
sections 921.01 to 921.29 of the Revised Codethis chapter or	1307
rules adopted thereunder;	1308

(O)(P) Make a false or misleading statement in an inspection	1309
concerning any infestation of pests or the use of pesticides;	1310

(P)(Q) Refuse or fail to comply with sections 921.01 to	1311
921.29 of the Revised Codethis chapter, the rules adopted	1312
thereunder, or with any lawful order of the director;	1313

(Q)(R) Distribute restricted use pesticides to the ultimate	1314
user or to an employee who is a commercial applicator at any time	1315
without a pesticide dealer's license or;	1316

(S) Except as provided in division (F) of section 921.26 of	1317
the Revised Code, distribute restricted use pesticides to an	1318
ultimate user who is not a certified applicator licensed under	1319
sections 921.01 to 921.29section 921.06, 921.08, or 921.11 of the	1320
Revised Code and rules adopted thereunderunder this chapter;	1321

(R)(T) Use any pesticide that is under an experimental use	1322
permit contrary to the provisions of suchthe permit;	1323

(S)(U) Engage in fraudulent business practices in the	1324
application of pesticides, when licensed as a custom applicator;	1325

(T)(V) Dispose of any pesticide product or container in such	1326
a manner as to have unreasonable adverse effects on the	1327
environment;	1328

(U)(W) Display any pesticide in any manner to produce	1329
unreasonable adverse effects on the environment, or to contaminate	1330
adjacent food, feed, or other products;	1331

(V)(X) Apply any pesticide by aircraft without being	1332
licensed as a commercial applicator;	1333

(Y) Distribute a pesticide that is not registered with the	1334
director;	1335

(Z) Fail to properly supervise a trained serviceperson.

1336

Sec. 921.26.        Sec. 921.25.  (A)(1) Whenever the director of	1337
agriculture has cause to believe that any person has violated, or	1338
is violating, sections 921.01 to 921.29 of the Revised Code,this	1339
chapter or any rule or order adopted or issued under those	1340
sectionsit, hethe director may conduct a hearing which shall be	1341
in accordance with Chapter 119. of the Revised Code to determine	1342
whether a violation has occurred. TheExcept as otherwise provided	1343
in division (A)(3) of this section, the director shall assess a	1344
civil penalty against any person who violates sections 921.01 to	1345
921.29 of the Revised Code,this chapter or any rule or order	1346
adopted or issued under those sections,it in accordance with the	1347
schedule of civil penalties established in rules adopted under	1348
division (A)(B) of section 921.16 of the Revised Code. Each day a	1349
violation continues constitutes a separate and distinct violation.	1350

(2) In addition, the director may assess a civil penalty	1351
against any employer of a person who violates sections 921.01 to	1352
921.29 of the Revised Code, or any rule or order adopted or issued	1353
under those sections, for the same violation for which he fines	1354
the employee, if one of the following applies:	1355

(a) With prior knowledge of the employee's act or omission	1356
which constitutes the violation, the employer authorizes,	1357
approves, or otherwise actively participates in the act or	1358
omission;	1359

(b) After the occurrence of the employee's act or omission	1360
that constitutes the violation, the employer, with full knowledge	1361
of the act or omission, ratifies it;	1362

(c) The employer had knowledge that the act or omission of	1363
the employee that constitutes the violation would occurto	1364
assessing a civil penalty under division (A)(1) of this section,	1365
the director may deny, modify, suspend, revoke, or refuse to renew	1366
a license, permit, or registration issued under this chapter.	1367

(3) The civil penalty authorized under division (A)(1) of	1368
this section may be assessed against the employer of a person who	1369
violates this chapter or any rule adopted or order issued under it	1370
rather than against the person.	1371

Divisions (A)(1) and, (2), and (3) of this section do not	1372
affect, and shall not be construed as affecting, any other civil	1373
or criminal liability of the employee or the employer that may	1374
arise in consequence of the employer's or the employee's violation	1375
of this chapter or any other law.	1376

(3)(4) If the person or employer or employee does not pay a	1377
civil penalty within a reasonable time after its assessment, the	1378
attorney general, upon the request of the director, shall bring a	1379
civil action to recover the amount of the penalty.	1380

(B)(1) In lieu of conducting a hearing under division (A) of	1381
this section, the director may refer the violation to the attorney	1382
general who, except as otherwise provided in division (B)(2) of	1383
this section, may bring a civil action against any person who	1384
violates sections 921.01 to 921.29 of the Revised Code,this	1385
chapter or any rule or order adopted or issued under those	1386
sectionsit. If the court determines that a violation has	1387
occurred, the court shall order the person to pay a civil penalty	1388
for each violation, not to exceed five thousand dollars for a	1389
first violation and not to exceed ten thousand dollars for each	1390
subsequent violation. Each day a violation continues shall	1391
constituteconstitutes a separate and distinct violation.	1392

(2) If the director refers a violation to the attorney	1393
general under division (B)(1) of this section, the attorney	1394
general, in addition, may bring a civil action against any	1395
employer of a person who violates sections 921.01 to 921.29 of the	1396
Revised Code, or any rule or order adopted or issued under those	1397
sections. The court shall order the employer to pay a civil	1398
penalty for the same violation for which the court orders the	1399
employee to pay a civil penalty, if one of the following applies:	1400

(a) With prior knowledge of the employee's act or omission	1401
which constitutes the violation, the employer authorizes,	1402
approves, or otherwise actively participates in the act or	1403
omission;	1404

(b) After the occurrence of the employee's act or omission	1405
that constitutes the violation, the employer, with full knowledge	1406
of the act or omission, ratifies it;	1407

(c) The employer had knowledge that the act or omission of	1408
the employee that constitutes the violation would occurThe civil	1409
action authorized under division (B)(1) of this section may be	1410
brought against the employer of a person who violates this chapter	1411
or any rule adopted or order issued under it rather than against	1412
the person.	1413

Divisions (B)(1) and (2) of this section do not affect, and	1414
shall not be construed as affecting, any other civil or criminal	1415
liability of the employee or the employer whichthat may arise in	1416
consequence of the employer's or employee's violation of this	1417
chapter or any other law.	1418

(C) In addition to the remedies provided and irrespective of	1419
whether or not there exists an adequate remedy at law, the	1420
director may apply to the court of common pleas for a temporary or	1421
permanent injunction or other appropriate relief against continued	1422
violation of sections 921.01 to 921.29 of the Revised Codethis	1423
chapter.	1424

(D) The remedies available to the director and to the	1425
attorney general under sections 921.01 to 921.29 of the Revised	1426
Codethis chapter are cumulative and concurrent, and the exercise	1427
of one remedy by either the director or the attorney general, or	1428
by both, does not preclude or require the exercise of any other	1429
remedy by the director, the attorney general, or a prosecutor as	1430
defined in section 2935.01 of the Revised Code, except that no	1431
person shall pay both a civil penalty under division (A) of this	1432
section and a civil penalty under division (B) of this section for	1433
the same violation.	1434

(E) If a person violates this chapter or rules adopted under	1435
it, both of the following apply:	1436

(1) The person is liable for the violation.

1437

(2) The employer of the person is liable for and may be	1438
convicted of the violation if the person was acting on behalf of	1439
the employer and was acting within the scope of the person's	1440
employment.	1441

Sec. 921.23.        Sec. 921.26.  (A) The penalties provided for	1442
violations of sections 921.01 to 921.29 of the Revised Codethis	1443
chapter do not apply to any of the following:	1444

(1) Any carrier while lawfully engaged in transporting a	1445
pesticide or device within this state, if that carrier, upon	1446
request, permits the director of agriculture to copy all records	1447
showing the transactions in the movement of the pesticides or	1448
devices;	1449

(2) Public officials of this state and the federal	1450
government, other than public operatorscommercial applicators	1451
employed by the federal government, the state, or a political	1452
subdivision, while engaged in the performance of their official	1453
duties in administering state or federal pesticide laws or rules,	1454
or while engaged in pesticide research;	1455

(3) The manufacturer or shipper of a pesticide for	1456
experimental use only by or under supervision of an agency of this	1457
state or of the federal government authorized by law to conduct	1458
research in the field of pesticides, provided that the	1459
manufacturer or shipper is not required to obtain an experimental	1460
use permit from the United States environmental protection agency;	1461

(4) The manufacturer or shipper of a substance being tested	1462
in which its purpose only is to determine its value for pesticide	1463
purposes or to determine its toxicity or other properties, and	1464
from which the user does not expect to receive any benefit in pest	1465
control from its use;	1466

(5) Persons conducting laboratory research involving	1467
pesticides;	1468

(6) Persons who incidentally use pesticides. The incidental	1469
use shall involve only the application of general use pesticides.	1470
If a person incidentally uses a pesticide, the pesticide shall be	1471
applied in strict accordance with the manufacturer's label for	1472
general use purposes. If further applications are necessary	1473
following the incidental use application, a pesticide applicator	1474
shall apply the pesticide.	1475

(B) No pesticide or device shall be considered in violation	1476
of sections 921.01 to 921.29 of the Revised Codethis chapter when	1477
intended solely for export to a foreign country, and when prepared	1478
or packed according to the specifications or directions of the	1479
purchaser. If the pesticide or device is not so exported, the	1480
provisions of sections 921.01 to 921.29 of the Revised Code apply	1481
this chapter applies.	1482

(C) No person who is licensed, regulated, or registered	1483
under section 921.02, 921.021, 921.03, 921.06, 921.07, 921.08,	1484
921.09, 921.11, 921.12,or 921.13, or 921.15 of the Revised Code	1485
shall be required to obtain a license or permit to operate or to	1486
be otherwise regulated in such capacity by any local ordinance, or	1487
to meet any other condition except as otherwise provided by	1488
statute or rule of the United States or of this state.	1489

(D) Section 921.06921.09 of the Revised Code relating to a	1490
custom applicator does not apply to an individual who uses only	1491
ground equipment for himselfthe individual or for histhe	1492
individual's neighbors, provided that hethe individual meets all	1493
of the following requirements:	1494

(1) Is certified as a private applicator if he uses a	1495
restricted use pesticidelicensed under section 921.11 of the	1496
Revised Code;	1497

(2) Operates farm property and operates and maintains	1498
pesticide application equipment primarily for histhe individual's	1499
own use;	1500

(3) Is not regularly engaged in the business of applying	1501
pesticides for hire or does not publicly hold himselfoneself out	1502
as a pesticide applicator;	1503

(4) Meets any other requirement established by rule.

1504

(E) SectionsSection 921.06 and 921.07 of the Revised Code	1505
relating to licenses and requirements for their issuance dodoes	1506
not apply to licensed physicians or veterinarians applying	1507
pesticides to manhuman beings or other animals during the normal	1508
course of their practice, provided that they are not regularly	1509
engaged in the business of applying pesticides for hire amounting	1510
to a principal or regular occupation or do not publicly hold	1511
themselves out as commercial applicators.	1512

(F) Division (S) of section 921.24 of the Revised Code does	1513
not apply to a pesticide dealer who distributes restricted use	1514
pesticides to a nonresident who is licensed in another state	1515
having a state plan approved by the United States environmental	1516
protection agency.	1517

Sec. 921.27.  (A) If the director of agriculture has	1518
reasonable cause to believe that a pesticide or device is being	1519
distributed, stored, transported, or used in violation of sections	1520
921.01 to 921.29 of the Revised Code,this chapter or of any of	1521
the prescribed rules, it shall be subject to seizure on complaint	1522
of the director to a court of competent jurisdiction in the	1523
locality in which the pesticide or device is located.	1524

(B) If the article is condemned, it shall, after entry or	1525
decree, be disposed of by destruction or sale as the court may	1526
direct and the proceeds, if suchthe article is sold, less legal	1527
costs, shall be paid to the pesticide program fund created in	1528
section 921.151921.22 of the Revised Code. The article shall not	1529
be sold contrary to the provisions of this section. Upon payment	1530
of costs and execution and delivery of a good and sufficient bond	1531
conditioned that the article shall not be disposed of unlawfully,	1532
the court may direct that the article be delivered to the owner	1533
thereof for relabeling or reprocessing.	1534

Sec. 921.29.  Fines, penalties, costs, and damages assessed	1535
against a person in consequence of violations of sections 921.01	1536
to 921.29 of the Revised Codethis chapter, as provided in	1537
sections 921.01 to 921.29 of the Revised Codethis chapter or any	1538
other section of the Revised Code, shall be a lien in favor of the	1539
state upon the real and personal property of the person, upon the	1540
filing of a judgment or an order of the director of agriculture	1541
with the county in which the real and personal property is	1542
located. The real and personal property of the person shall be	1543
liable to execution for the fines, penalties, costs, and damages	1544
by the attorney general, who shall deposit any proceeds from an	1545
execution upon the property in the pesticide program fund created	1546
in section 921.151921.22 of the Revised Code.	1547

Sec. 921.30. Nothing in this chapter or any rule adopted	1548
under it shall be construed to require the director of agriculture	1549
to report any findings to the appropriate prosecuting authority	1550
for proceedings in prosecution of, or issue any order or institute	1551
any enforcement procedure for, a violation of this chapter or a	1552
rule adopted under it whenever the director believes that the	1553
public interest will be best served by a suitable written notice	1554
of warning. A person who receives a written notice of warning may	1555
respond in writing to the notice.	1556

Sec. 921.30.        Sec. 921.31.  On receipt of a notice pursuant to	1557
section 3123.43 of the Revised Code, the director of agriculture	1558
shall comply with sections 3123.41 to 3123.50 of the Revised Code	1559
and any applicable rules adopted under section 3123.63 of the	1560
Revised Code with respect to a license, certificateregistration,	1561
or permit issued pursuant to this chapter.	1562

Sec. 921.99.  (A) Whoever violates sections 921.01 to 921.29	1563
of the Revised Codethis chapter or rules adopted under those	1564
sectionsit, except division (G) or (O)(P) of section 921.25	1565
921.24 of the Revised Code, is guilty of a misdemeanor of the	1566
second degree on a first offense and a misdemeanor of the first	1567
degree on a subsequent offense.	1568

(B) Whoever violates division (G) or (O)(P) of section	1569
921.25921.24 of the Revised Code is guilty of a misdemeanor of	1570
the first degree on a first offense and a felony of the fourth	1571
degree on each subsequent offense.	1572

(C) No recovery of damages shall be allowed from	1573
administrative action taken or for "stop sale, use, or removal" if	1574
the court finds that there was probable cause for suchthat	1575
action.	1576

Section 4. That existing sections 907.42, 921.01, 921.02,	1577
921.021, 921.06, 921.08, 921.09, 921.10, 921.11, 921.13, 921.14,	1578
921.151, 921.16, 921.18, 921.22, 921.23, 921.24, 921.25, 921.26,	1579
921.27, 921.29, 921.30, and 921.99 and sections 921.07 and 921.12	1580
of the Revised Code are hereby repealed.	1581

Section 5. Sections 3 and 4 of this act shall take effect	1582
July 1, 2004. Before that date, the Director of Agriculture shall	1583
continue to issue custom applicator licenses under section 921.06,	1584
custom operator licenses under section 921.07, public operator	1585
licenses under section 921.08, and limited commercial applicator	1586
licenses under section 921.12 of the Revised Code. Those licenses	1587
shall continue to be valid until the date on which they expire	1588
regardless of whether the expiration date is on or after July 1,	1589
2004. On and after July 1, 2004, the Director shall cease to issue	1590
those licenses and instead shall issue commercial applicator	1591
licenses under section 921.06 of the Revised Code as amended by	1592
this act.	1593