SENATORS Mumper, Carnes, Harris

To amend sections 907.42, 921.01, 921.02, 921.021,

1

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

2

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

3

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

4

purpose of adopting new section numbers as

5

indicated in parentheses, section 921.021 (921.09),

6

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

7

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

8

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

9

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

10

repeal sections 921.07 and 921.12 of the Revised

11

Code to revise the Pesticides Law.

12

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) A private applicator;

108

(2) A public applicator;

109

(3) A trained serviceman;

110

(4) Limited commercial applicator.

111

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(Y) "Incidental use" or "incidentally use" means the	194
application of a general use pesticide on an occasional, isolated,	195
site-specific basis in order to avoid immediate personal harm.	196
"Incidental use" or "incidentally use" does not mean regular,	197
routine, or maintenance application of a general use pesticide.	198

(Z) "Inert ingredient" means an ingredient that is not	199
active.	200

(CC)(AA) "Ingredient statement" means a statement of the name	201
and percentage of each active ingredient, together with the total	202
percentage of inert ingredients. When the pesticide contains	203
arsenic in any form, the ingredient statement shall include	204
percentages of total and water soluble arsenic, each calculated as	205
elemental arsenic.	206

(DD)(BB) "Insect" means any of the numerous small	207
invertebrate animals generally having the body more or less	208
obviously segmented, for the most part belonging to the class	209
insecta, including, but not limited to, beetles, bugs, bees, and	210
flies, and to other allied classes of arthropods, including, but	211
not limited to, spiders, mites, ticks, centipedes, and wood lice.	212

(EE)(CC) "Integrated pest management" means a sustainable	213
approach to managing pests by combining biological, cultural,	214
physical, and chemical tools in a way that minimizes economic,	215
health, and environmental risks.	216

(DD) "Label" means the written, printed, or graphic matter	217
on, or attached to the pesticide or device, or any of its	218
containers or wrappers.	219

(FF)(EE) "Labeling" means all labels and other written,	220
printed, or graphic matter:	221

(1) Accompanying the pesticide product or device at any	222
time;	223

(2) To which reference is made on the label or in literature	224
accompanying the pesticide product or device, except when	225
accurate, nonmisleading reference is made to current official	226
publications of the United States environmental protection agency,	227
the United States department of agriculture or interior, the	228
United States department of health and human services, state	229
experiment stations, state agricultural colleges, or other similar	230
federal or state institutions or official agencies, authorized by	231
law to conduct research in the field of pesticides;	232

(3) Including all brochures, technical and sales bulletins,	233
and all advertising material.	234

(GG)(FF) "Licensure" includes certification as used in the	235
federal act.	236

(GG) "Misbranded" applies, if the conditions of either	237
division (GG)(1) or (2) of this section are satisfied as follows:	238

(1) To any pesticide or device, if at least one of the	239
following occurs:	240

(a) Its labeling bears any statement, design, or graphic	241
representation relative thereto or to its ingredients that is	242
false or misleading in any particular;.	243

(b) It is an imitation of or is distributed under the name	244
of another pesticide or device;.	245

(c) Any word, statement, or other information required to	246
appear on the label or labeling is not prominently placed thereon	247
with such conspicuousness, as compared with other words,	248
statements, designs, or graphic matter in the labeling, and in	249
such terms as to render it likely to be read and understood by the	250
ordinary individual under customary conditions of purchase and	251
use.	252

(2) To any pesticide, if at least one of the following	253
occurs:	254

(a) The labeling of a restricted use pesticide does not	255
contain a statement that it is a restricted use pesticide;.	256

(b) The labeling accompanying it does not contain directions	257
for use that are necessary for effecting the purpose for which the	258
pesticide is intended and, if complied with, together with any	259
requirements imposed by the federal act, that are adequate to	260
protect the environment;.	261

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

262

(i) The name, brand, or trademark under which the pesticide	263
is distributed;	264

(ii) An ingredient statement on the part of the immediate	265
container and on the outside container and wrapper of the retail	266
package, if any, through which the ingredient statement on the	267
immediate container cannot be clearly read, which is presented or	268
displayed under customary conditions of purchase, provided that	269
the ingredient statement may appear prominently on another part of	270
the container as permitted by the amended federal act or by the	271
director;	272

(iii) A warning or caution statement that may be necessary	273
and that, if complied with together with any requirement imposed	274
under the federal act, would be adequate to protect the	275
environment;	276

(iv) The net weight or measure of the contents, subject to	277
such reasonable variations as the administrator of the United	278
States environmental protection agency or the director of	279
agriculture may permit;	280

(v) The name and address of the manufacturer, registrant, or	281
person for whom manufactured;	282

(vi) The United States environmental protection agency	283
registration number assigned to each establishment in which the	284
pesticide was produced and the agency registration number assigned	285
to it, as required by regulations under the federal act.	286

(d) ThatThe pesticide contains any substance or substances	287
in quantities highly toxic to manhuman beings unless the label	288
bears, in addition to other label requirements, all of the	289
following:	290

(i) The skull and crossbones;

291

(ii) The word "poison" in red prominently displayed on a	292
background of distinctly contrasting color;	293

(iii) A statement of an antidote or a practical or emergency	294
medical treatment, first aid or otherwise, in case of poisoning by	295
the pesticide.	296

(e) It is contained in a package or other container or	297
wrapping that does not conform to the standard established by the	298
administrator of the United States environmental protection	299
agency.	300

(HH) "Nematodes" means invertebrate animals of the phylum	301
nemathelminthes and class nematoda, which are unsegmented, round	302
worms with elongated, fusiform, or sac-like bodies covered with	303
cuticle, and that inhabit soil, water, plants, or plant parts and	304
also may be called nema or eel-worms.	305

(II) "Permit" means a certificate issued by the director of	306
agriculture authorizing the purchase or use of a pesticide.	307

(JJ) "Pest" means a harmful, destructive, or nuisance insect,	308
fungus, rodent, nematode, bacterium, bird, snail, weed, or	309
parasitic plant or a harmful or destructive form of plant or	310
animal life or virus, or any plant or animal species that the	311
director declares to be a pest, except viruses, bacteria, or other	312
microorganisms on or in living animals, including manhuman	313
beings.	314

(KK)(JJ) "Pesticide" means any substance or mixture of	315
substances intended for either of the following:	316

(1) Preventing, destroying, repelling, or mitigating any	317
pest;	318

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

319

"Pesticide" includes a pest monitoring system designated by	320
rule.	321

(LL)(KK) "Pesticide dealer" means any person who distributes	322
restricted use pesticides or pesticides whose uses or distribution	323
are further restricted by the director to the ultimate user or to	324
a commercial applicator who is employed by that pesticide dealer.	325

(MM)(LL) "Pesticide application business" means any location	326
that is used for the purpose of engaging in the business of	327
applyinga person who performs pesticide business activities.	328

(MM) "Pesticide business activities" means any of the	329
following:	330

(1) The application of pesticides to the property of	331
another for hire, but does not mean any location that is used	332
exclusively to perform administrative or other functions not	333
directly connected with the storage, preparation, handling, or	334
distribution of the pesticides to be applied;	335

(2) The solicitation to apply pesticides;

336

(3) The conducting of authorized diagnostic inspections.

337

(NN) "Pesticide business registered location" means a	338
location at which pesticide business activities are conducted and	339
that is registered through the issuance of a license to a	340
pesticide business under section 921.09 of the Revised Code.	341

(OO) "Pesticide-use category" means a specialized field of	342
pesticide application or of diagnostic inspection as defined by	343
rule.	344

(NN)(PP) "Plant regulator" means any substance or mixture of	345
substances, intended, through physiological action, for	346
accelerating or retarding the growth or rate of maturation, or for	347
otherwise altering the behavior of plants or the produce thereof,	348
but shalldoes not include substances to the extent that they are	349
intended as plant nutrients, trace elements, nutritional	350
chemicals, plant inoculants, or soil amendments.	351

(OO)(QQ) "Product name" means a coined or specific	352
designation applied to an individual pesticide of a fixed	353
combination and derivation.	354

(PP) "Public operator" means an individual who himself	355
applies, or directly supervises the application of pesticides by a	356
trained serviceman, while acting as an employee of the United	357
States government, a state, county, township, or municipal	358
governmental agency, or of a park district, port authority, or	359
sanitary district created pursuant to Chapter 1545., 4582., or	360
6115. of the Revised Code.	361

(QQ)(RR) "Registrant" means a person who has registered a	362
pesticide pursuant to sections 921.01 to 921.29 of the Revised	363
Codeunder this chapter.	364

(RR)(SS) "Restricted use pesticide" means any pesticide or	365
pesticide use classified by the administrator of the United States	366
environmental protection agency for use only by a certified	367
pesticide applicator or by an individual working under the direct	368
supervision of a certifiedpesticide applicator.	369

(SS)(TT) "Rule" means a rule adopted under section 921.16 of	370
the Revised Code.	371

(UU) "Sell or sale" means exchange of ownership or transfer	372
of custody.	373

(TT)(VV) "State restricted use pesticide" means any pesticide	374
or pesticides classified by the director subsequent to a hearing	375
held in accordance with Chapter 119. of the Revised Code for use	376
only by certifiedpesticide applicators or individuals working	377
under their direct supervision.	378

(UU)(WW) "Unreasonable adverse effects on the environment"	379
means any unreasonable risk to manhuman beings or the environment	380
taking into account the economic, social, and environmental	381
benefits and costs of the use of any pesticide.	382

(VV)(XX) "Trained servicemanserviceperson" means an employee	383
of a commercial applicator or limited commercial applicator whom	384
the commercial applicator or limited commercial applicator has	385
instructed in the proper use of the equipment and all pesticides	386
with which the employee is to workan employee of a pesticide	387
business, other business, agency of the United States government,	388
state agency, or political subdivision who has been trained to	389
apply pesticides while under the direct supervision of a	390
commercial applicator.	391

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

392

(XX)(ZZ) "Wildlife" means all living things that are neither	393
human, domesticated, nor areor pests, including, but not limited	394
to, mammals, birds, and aquatic life.	395

(YY)(AAA) "Trade secret" and "confidential business	396
information" mean any formula, plan, pattern, process, tool,	397
mechanism, compound, procedure, production date, or compilation of	398
information that is not patented, that is known only to certain	399
individuals within a commercial concern, and that gives its user	400
an opportunity to obtain ana business advantage over competitors	401
who do not know or use it.	402

Sec. 921.02.  (A) EachNo person shall distribute a pesticide	403
that is distributed within this state shall beunless the	404
pesticide is registered with the director of agriculture subject	405
to sections 921.01 to 921.29 of the Revised Codeunder this	406
chapter. Registrations shall be issued for a period of time	407
established by rule and shall be renewed in accordance with	408
deadlines established by rule. Registration is not required if a	409
pesticide is shipped from one plant or warehouse to another plant	410
or warehouse operated by the same person and used solely at that	411
plant or warehouse as a constituent part to make a pesticide that	412
is registered under sections 921.01 to 921.29 of the Revised Code	413
this chapter, or if the pesticide is distributed under the	414
provisions of an experimental use permit issued under section	415
921.03 of the Revised Code or an experimental use permit issued by	416
the United States environmental protection agency.	417

(B) The applicant for registration of a pesticide shall file	418
a statement with the director on a form provided by the director,	419
which shall include all of the following:	420

(1) The name and address of the applicant and the name and	421
address of the person whose name will appear on the label, if	422
other than the applicant's name;	423

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

424

(3) Any necessary information required for completion of the	425
department of agriculture's application for registration,	426
including the agency registration number;	427

(4) A complete copy of the labeling accompanying the	428
pesticide and a statement of all claims to be made for it,	429
including the directions for use and the use classification as	430
provided for in the federal act.	431

(C) The director, when the director considers it necessary	432
in the administration of sections 921.01 to 921.29 of the Revised	433
Codethis chapter, may require the submission of the complete	434
formula of any pesticide including the active and inert	435
ingredients.	436

(D) The director may require a full description of the tests	437
made and the results thereof upon which the claims are based for	438
any pesticide. The director shall not consider any data submitted	439
in support of an application, without permission of the applicant,	440
in support of any other application for registration unless the	441
other applicant first has offered to pay reasonable compensation	442
for producing the test data to be relied upon and the data are not	443
protected from disclosure by section 921.04 of the Revised Code.	444
In the case of a renewal of registration, a statement shall be	445
required only with respect to information that is different from	446
that furnished when the pesticide was registered or last	447
registered.	448

(E) The director may require any other information to be	449
submitted with an application.	450

Any applicant may designate any portion of the required	451
registration information as a trade secret or confidential	452
business information. Upon receipt of any required registration	453
information designated as a trade secret or confidential business	454
information, the director shall consider the designated	455
information as confidential and shall not reveal or cause to be	456
revealed any such designated information without the consent of	457
the applicants, except to persons directly involved in the	458
registration process described in this section or as required by	459
law.	460

(F) Each applicant shall pay a registration and inspection	461
fee of fifty dollars per yearestablished by rule for each product	462
name and brand registered for the company whose name appears on	463
the label. If an applicant files for a renewal of registration	464
after the deadline established by rule, the applicant shall pay a	465
penalty fee of twenty-five dollarsestablished by rule for each	466
product name and brand registered for the applicant. The penalty	467
fee shall be added to the original fee and paid before the renewal	468
registration is issued. In addition to any other remedy available	469
under sections 921.01 to 921.29 of the Revised Codethis chapter,	470
if a pesticide that is not registered pursuant to this section is	471
distributed within this state, the person required to register the	472
pesticide shall do so and shall pay a penalty fee of twenty-five	473
dollarsestablished by rule for each product name and brand	474
registered for the applicant. The penalty fee shall be added to	475
the original fee and paid before the registration is issued.	476

(G) Provided that the state is certifiedauthorized by the	477
administrator of the United States environmental protection agency	478
to register pesticides to meet special local needs, the director	479
shall require the information set forth under divisions (B), (C),	480
(D), and (E) of this section and shall register any such pesticide	481
after determining that all of the following conditions are met:	482

(1) Its composition is such as to warrant the proposed	483
claims for it.	484

(2) Its labeling and other material required to be submitted	485
comply with the requirements of the federal act and of sections	486
921.01 to 921.29 of the Revised Codethis chapter, and rules	487
adopted thereunder.	488

(3) It will perform its intended function without	489
unreasonable adverse effects on the environment.	490

(4) When used in accordance with widespread and commonly	491
recognized practice, it will not generally cause unreasonable	492
adverse effects on the environment.	493

(5) The classification for general or restricted use is in	494
conformity with the federal act.	495

The director shall not make any lack of essentiality a	496
criterion for denying the registration of any pesticide. When two	497
pesticides meet the requirements of this division (G) of this	498
section, the director shall not register one in preference to the	499
other.	500

(H)(1) The director may refuse to register a pesticide if	501
the application for registration fails to comply with this	502
section.	503

(2) The director may suspend or revoke a pesticide	504
registration after a hearing in accordance with Chapter 119. of	505
the Revised Code for a pesticide that fails to meet the claims	506
made for it on its label.	507

(3) The director may immediately suspend a pesticide	508
registration, prior to a hearing, when the director believes that	509
the pesticide poses an immediate hazard to human or animal health	510
or a hazard to the environment. Not later than fifteen days after	511
suspending the registration, the director shall determine whether	512
the pesticide poses such a hazard. If the director determines	513
that no hazard exists, the director shall lift the suspension of	514
the registration. If the director determines that a hazard	515
exists, the director shall revoke the registration in accordance	516
with Chapter 119. of the Revised Code.	517

Sec. 921.06.  (A)(1) No individual shall act as or hold	518
oneself out to the public as being a custom applicatordo any of	519
the following without having a customcommercial applicator	520
license issued by the director of agriculture. The individual	521
shall obtain an additional license for each pesticide application	522
business location for which the individual is the commercial	523
applicator of record. Licenses:	524

(a) Apply pesticides for a pesticide business without direct	525
supervision;	526

(b) Apply pesticides as part of the individual's duties	527
while acting as an employee of the United States government, a	528
state, county, township, or municipal corporation, or a park	529
district, port authority, or sanitary district created under	530
Chapter 1545., 4582., or 6115. of the Revised Code, respectively;	531

(c) Apply restricted use pesticides. Division (A)(1)(c) of	532
this section does not apply to a private applicator or an	533
immediate family member or a subordinate employee of a private	534
applicator who is acting under the direct supervision of that	535
private applicator.	536

(d) If the individual is the owner of a business other than	537
a pesticide business or an employee of such an owner, apply	538
pesticides at any of the following publicly accessible sites that	539
are located on the property:	540

(i) Food service operations as defined in section 3717.01 of	541
the Revised Code;	542

(ii) Retail food establishments as defined in section	543
3717.01 of the Revised Code;	544

(iii) Golf courses;

545

(iv) Rental properties of more than four apartment units at	546
one location;	547

(v) Hospitals or medical facilities as defined in section	548
3701.01 of the Revised Code;	549

(vi) Child day-care centers or school child day-care centers	550
as defined in section 5104.01 of the Revised Code;	551

(vii) Facilities owned or operated by a school district	552
established under Chapter 3311. of the Revised Code, including an	553
education service center, a community school established under	554
Chapter 3314. of the Revised Code, or a chartered or nonchartered	555
nonpublic school that meets minimum standards established by the	556
state board of education;	557

(viii) Wholesale food establishments as defined in section	558
3715.021 of the Revised Code;	559

(ix) Any other site designated by rule.

560

(e) Conduct authorized diagnostic inspections.

561

(2) Divisions (A)(1)(a) to (d) of this section do not apply	562
to an individual who is acting as a trained serviceperson under	563
the direct supervision of a commercial applicator.	564

(3) Licenses shall be issued for a period of time	565
established by rule and shall be renewed in accordance with	566
deadlines established by rule. The fee for each such license is	567
one hundred dollars per year to be submitted with the application	568
shall be established by rule. If a license is not issued or	569
renewed, the application fee shall be retained by the state as	570
payment for the reasonable expense of processing the application.	571
The director shall by rule classify by categoriespesticide-use	572
category licenses to be issued under this section. A single	573
license may include more than one pesticide-use category. No	574
individual shall be required to pay an additional license fee if	575
the individual is licensed for more than one category, but the	576
individual shall pay an additional license fee for each pesticide	577
application business location for which the individual is the	578
commercial applicator of record.	579

The fee for each license or renewal does not apply to an	580
applicant who is an employee of the department of agriculture.	581

(B) Application for a customcommercial applicator license	582
shall be made on a form prescribed by the director. Each	583
application for a license shall state the licensepesticide-use	584
category or categories of license for which the applicant is	585
applying and other information that the director determines	586
essential to the administration of sections 921.01 to 921.29 of	587
the Revised Codethis chapter.	588

(C) If the director finds that the applicant is qualified	589
competent to apply pesticides and conduct diagnostic inspections	590
and that the applicant has passed both the general examination and	591
each applicable pesticide-use category examination as required	592
under division (A) of section 921.12 of the Revised Code, the	593
director shall issue a customcommercial applicator license	594
limited to the pesticide-use category or categories for which the	595
applicant is qualified. Custom applicators, upon obtaining a valid	596
license under this section, are certified applicators for the	597
purpose of applying or directly supervising the use of restricted	598
use pesticides pertinent to their respective categoriesfound to	599
be competent. If the director rejects an application, the director	600
may explain why the application was rejected, describe the	601
additional requirements necessary for the applicant to obtain a	602
license, and return the application. The applicant may resubmit	603
the application without payment of any additional fee.	604

(D)(1) A person who is a commercial applicator shall be	605
deemed to hold a private applicator's license for purposes of	606
applying pesticides on agricultural commodities that are produced	607
by the commercial applicator.	608

(2) A commercial applicator shall apply pesticides only in	609
the pesticide-use category or categories in which the applicator	610
is licensed under this chapter.	611

Sec. 921.22.        Sec. 921.08.  Nonresident custom applicators, custom	612
operators, public operators, and limited commercial applicators,	613
and nonresident private applicators who are licensed in another	614
state having a state plan approved by the United States	615
environmental protection agency to operate in certain	616
pesticide-use categories may be issued a license by the director	617
of agriculture covering the same categories in this state without	618
a categoricalpesticide-use category examination. However, such	619
nonresidents may be required to demonstrate their knowledge of the	620
lawsthis chapter and rules of this stateadopted under it by	621
submitting themselves to an examination covering such lawsthis	622
chapter and those rules contained and promulgated under this	623
chapter. A nonresident custom operator can be licensed in this	624
state only if his supervisor or employer is also licensed in this	625
state. Private applicators certified in another state may operate	626
in Ohio as do resident private applicators without also being	627
certified in Ohio, except that they may be required to	628
demonstrate their knowledge of the laws and rules of this state.	629
Licenses or certificates issued pursuant to this section may be	630
suspended or revoked in the same manner as other licenses or	631
certificatesissued pursuant to this chapter, or upon suspension	632
or revocation of the license or certificate of another state or	633
the federal government supporting the issuance of an Ohioa	634
license or certificateissued under this section.	635

Sec. 921.021.        Sec. 921.09.  (A)(1) No person shall own or operate	636
a pesticide application business without obtaining a license for	637
each location owned or operated by the person in the state from	638
the director of agriculture. Licenses shall be issued for a	639
period of time established by rule and shall be renewed in	640
accordance with deadlines established by rule.	641

(2) A person applying for a pesticide business license shall	642
register each location that is owned by the person and used for	643
the purpose of engaging in the pesticide business.	644

(B) Any person who owns or operates a pesticide application	645
business outside of this state, but engages in the business of	646
applying pesticides to properties of another for hire in this	647
state, shall obtain a license for the person's principal	648
out-of-state location from the director. In addition, the person	649
shall register each location that is owned by the person in this	650
state and used for the purpose of engaging in the pesticide	651
business.	652

(C)(1) The person applying for a pesticide application	653
business license shall file a statement with the director, on a	654
form provided by the director, that shall include anyall of the	655
following:	656

(a) The address of the principal place of business of the	657
pesticide business;	658

(b) The address of each location that the person intends to	659
register under division (A)(2) or (B) of this section;	660

(c) Any other information that the director determines	661
necessary and that the director requires by rule. Each	662

(2) Each applicant shall pay a license fee of twenty	663
dollars per year for each pesticide application business license	664
the applicant is required to obtainestablished by rule for the	665
pesticide business plus an additional fee established by rule for	666
each pesticide business registered location specified in the	667
application. The license may be renewed upon payment of a renewal	668
fee established by rule plus an additional fee established by rule	669
for each pesticide business registered location. A copy of the	670
license shall be maintained and conspicuously displayed at each	671
such location.	672

(3) The issuance of a pesticide business license constitutes	673
registration of any pesticide business location identified in the	674
application under division (C)(1) of this section.	675

(4) The owner or operator of a pesticide business shall	676
notify the director not later than fifteen days after any change	677
occurs in the information required under division (C)(1)(a) or (b)	678
of this section.	679

(D) The owner or operator of a pesticide application	680
business shall employ at least one licensed customcommercial	681
applicator for each pesticide application business registered	682
location the owner or operator owns or operates.	683

(E) The owner or operator of a pesticide application	684
business is responsible for the acts of each employee in the	685
handling, application, and use of pesticides and in the conducting	686
of diagnostic inspections. The pesticide application business	687
license is subject to denial, modification, suspension, or	688
revocation after a hearing for any violation of sections 921.01 to	689
921.29 of the Revised Code, if it is determined that the owner or	690
operator ratified or knowingly or negligently permitted any	691
officer, employee, or agent to commit the violationsthis chapter	692
or any rule adopted or order issued under it. The director also	693
may levy against the owner or operator any civil penalties	694
authorized by division (B) of section 921.16 of the Revised Code	695
for any violation of sections 921.02 to 921.29 of the Revised	696
Code for any violation of those sectionsthis chapter or any rule	697
adopted or order issued under it that is committed by the owner or	698
operator or anyby the owner's or operator's officer, employee, or	699
agent. For purposes of this division, an owner or operator is	700
deemed to have ratified violations committed by any officer,	701
employee, or agent if collectively the officers, employees, or	702
agents commit three violations of a high or moderate level of	703
severity in accordance with established department enforcement	704
guidelines that relate directly to the storage, preparation,	705
handling, distribution, or application of pesticides, or any	706
violation involving fraud, within a twenty-four-month period.	707

(F) The director may modify a license issued under this	708
section by one of the following methods:	709

(1) Revoking a licensee's authority to operate out of a	710
particular pesticide business registered location listed under	711
division (C)(1)(b) of this section;	712

(2) Preventing a licensee from operating within a specific	713
pesticide-use category.	714

(G) The director may deny a pesticide application business	715
license to any current owner, operator, officer, or agentperson	716
whose pesticide application business license has been revoked	717
within the previous thirty-six months.	718

(G) The director shall adopt any rules necessary to	719
administer and enforce this section(H) Each pesticide business	720
registered location that is owned by a pesticide business is	721
subject to inspection by the director.	722

Sec. 921.10.  (A) The director of agriculture shall not	723
issue a pesticide application business license until the	724
applicant has submitted to the director an effective liability	725
insurance policy or such other evidence of financial	726
responsibility as the director determines necessary. The director	727
shall establish by rule, in accordance with Chapter 119. of the	728
Revised Code, the amount and condition of such liability	729
insurance or other evidence of financial responsibility required.	730
Such requirements shall be based upon the category and operation	731
of the applicant.	732

(B) Should the evidence of financial responsibility expire	733
without renewal prior to the expiration of the license, the	734
license of the pesticide application business is automatically	735
suspended.	736

(C) Should the evidence of financial responsibility	737
furnished become unsatisfactory, the pesticide application	738
business shall upon notice immediately execute evidence of	739
financial responsibility meeting the requirements of this section	740
or applicable rules, and should the pesticide application	741
business fail to do so, the director shall suspend the pesticide	742
application business's license and give the business notice of	743
such suspension.	744

(D)(C) The licensee to whom a suspension order is issued	745
shall be afforded a hearing in accordance with Chapter 119. of the	746
Revised Code, after which the director shall reinstate or revoke	747
the suspended license.	748

(E)(D) Nothing in this chapter shall be construed to relieve	749
any person from liability for any damage to the person or lands of	750
another caused by the use of pesticides even though such use	751
conforms to the rules.	752

Sec. 921.11.  (A)(1) No individual shall apply restricted	753
use pesticides unless the individual is one of the following:	754

(a) Licensed under section 921.06, 921.07, 921.08, or 921.12	755
of the Revised Code;	756

(b) A private applicator certifiedLicensed under division	757
(B) of this section;	758

(c) A trained servicemanserviceperson who is acting under	759
the direct supervision of a commericalcommercial applicator or	760
limited commercial applicator;	761

(d) An employee or immediate family member or a subordinate	762
employee of a certified private applicator who is acting under the	763
direct supervision of that private applicator.	764

(2) No individual shall directly supervise the application	765
of a "restricted use pesticide" unless hethe individual is one of	766
the following:	767

(a) Licensed under section 921.06, 921.07, 921.08, or 921.12	768
of the Revised Code;	769

(b) A private applicator certifiedLicensed under division	770
(B) of this section.	771

(B) The director of agriculture shall adopt rules to	772
establish standards and procedures for the certificationlicensure	773
of private applicators. An individual shall apply for	774
certification as a private applicator license to the director, on	775
forms prescribed by the director. The individual shall include in	776
the application the pesticide-use category or categories of the	777
license for which the individual is applying and any other	778
information that the director determines is essential to the	779
administration of this chapter. The fee for each certification is	780
thirty dollars and the certificationlicense shall be established	781
by rule. Licenses shall be issued for a period is three yearsof	782
time established by rule and shall be renewed in accordance with	783
deadlines established by rule. If a certificationlicense is not	784
issued or renewed, the state shall retain any fee submitted as	785
payment for reasonable expenses of processing the application.	786

(C) An individual who is licensed under this section shall	787
use or directly supervise the use of a restricted use pesticide	788
only for the purpose of producing agricultural commodities on	789
property that is owned or rented by the individual or the	790
individual's employer.	791

Sec. 921.09.        Sec. 921.12.  (A) The director of agriculture shall	792
require each applicant for a license under sectionssection	793
921.06, 921.07, 921.08, and 921.12or 921.11 of the Revised Code	794
to be examined on the applicant's knowledge and competency in the	795
each of the following:	796

(1) This chapter and rules adopted under it;

797

(2) The proper use, handling, and application of pesticides	798
and, if the applicant is applying for a license under section	799
921.06 of the Revised Code, in the conducting of diagnostic	800
inspections in the pesticide-use categories for which the	801
applicant has applied.	802

(B) Each application for renewal of a license provided for	803
in section 921.06, 921.07, 921.08, or 921.12 of the Revised Code,	804
shall be filed prior to the deadline established by rule. If	805
filed thereafterafter the deadline, a penalty of fifty per cent	806
shall be assessed the custom applicator and the custom operator	807
and added to the original fee and shall be paid by the applicant	808
before the renewal license is issued. However, if a license or	809
certification issued under section 921.06, 921.07, 921.08, or	810
921.12 of the Revised Code is not renewed within one year of the	811
date of expiration, then suchthe licensee or certificate holder	812
shall be required to take another examination on this chapter and	813
rules adopted under it and on the proper use, handling, and	814
application of pesticides and the proper conducting of diagnostic	815
inspections in the pesticide-use categories for which the licensee	816
has been licensed.	817

(C) A person who fails to pass an examination under division	818
(A) or (B) of this section is not entitled to an adjudication	819
under Chapter 119. of the Revised Code for that failure.	820

(D) The holder of a custom applicator license, custom	821
operator license, limited commercial applicator license, or public	822
operator license may renew suchthe license within one year of the	823
date of expiration without re-examination unless the director	824
determines that a new examination is necessary to insure that the	825
holder continues to meet the requirements of changing technology	826
and to assure a continuing level of competence and ability to use	827
pesticides safely and properly.	828

(D)(E) The director shall determine when re-examination for	829
recertification ofthe renewal of licenses for private applicators	830
is required to insure that private applicators continue to meet	831
the requirements of changing technology and to assure a continuing	832
level of competence and ability to use pesticides safely and	833
properly.	834

Sec. 921.13.  (A) Any person who is acting in the capacity	835
of a pesticide dealer or who advertises or assumes to act as a	836
pesticide dealer at any time shall obtain a pesticide dealer	837
license from the director of agriculture. Licenses shall be	838
issued for a period of time established by rule and shall be	839
renewed in accordance with deadlines established by rule. A	840
license is required for each location or outlet within this state	841
from which the person distributes pesticides.	842

Any pesticide dealer who has no pesticide dealer outlets in	843
this state and who distributes restricted use pesticides directly	844
into this state shall obtain a pesticide dealer license from the	845
director for the pesticide dealer's principal out-of-state	846
location or outlet and for each sales person operating in the	847
state.	848

The applicant shall include a twenty-five dollar license fee	849
established by rule with the application for a license. The	850
application shall be made on a form prescribed by the director.	851

Each pesticide dealer shall submit records to the director of	852
all of the restricted use pesticides the pesticide dealer has	853
distributed, as specified by the director, and duplicate records	854
shall be retained by the pesticide dealer for a period of time	855
established by rules.	856

(B) This section does not apply to a custom applicator who	857
exclusively sells pesticides only as an integral part of the	858
custom applicator's pesticide application business when the	859
pesticides are dispensed only through equipment used for the	860
pesticide application or to any federal, state, county, or	861
municipal agency that provides pesticides for its own programs.	862

(C) Each licensed pesticide dealer is responsible for the	863
acts of each employee in the solicitation and sale of pesticides	864
and all claims and recommendations for use of pesticides. The	865
pesticide dealer's license is subject to denial, suspension, or	866
revocation after a hearing for any violation of sections 921.01 to	867
921.29 of the Revised Codethis chapter whether committed by the	868
pesticide dealer or by the pesticide dealer's officer, agent, or	869
employee.	870

Sec. 921.14. (A) Each licensed custom applicator, limited	871
commercial applicator, and public operator shall keep a record of	872
allboth of the following:	873

(1) All diagnostic inspections conducted to determine	874
infestations of pests as required by rules adopted under division	875
(C) of section 921.16 of the Revised Code;	876

(2) All pesticide applications made by himthe applicator	877
and by any trained serviceperson acting under the applicator's	878
direct supervision as required by rules adopted under division (C)	879
of section 921.16 of the Revised Code and maintain that record.	880

Each commercial applicator shall submit copies of the records	881
required under division (A) of this section to the pesticide	882
business, other business, state agency, or political subdivision	883
that employs the commercial applicator.	884

(B) Each pesticide business, other business, state agency,	885
or political subdivision that receives copies of records under	886
division (A) of this section shall retain them for a period of	887
three years from the date of the pesticide application to which	888
that record refers or for any longer period that the director of	889
agriculture determines necessarytime established by rule.	890

(C) Each certified private applicator shall keep a record of	891
all restricted use pesticide applications made by himthe	892
applicator or under histhe applicator's direct supervision as	893
required by rules adopted under division (C) of section 921.16 of	894
the Revised Code and. In addition, each private applicator shall	895
maintain thatthe record for a period of three years from the date	896
of the restricted use pesticide application to which that record	897
refers or for any longer period that the director of agriculture	898
determines necessary.	899

Each licensed custom applicator or custom operator shall keep	900
a record of all diagnostic inspections to determine infestations	901
of pests and of all pest control services as required by rules	902
adopted under division (C) of section 921.16 of the Revised Code,	903
and maintain that record for a period of three years from the date	904
of the inspection to which that record refers or for any longer	905
period that the director determines necessary.	906

Sec. 921.16.  (A) The director of agriculture shall adopt	907
rules the director determines necessary for the effective	908
enforcement and administration of sections 921.01 to 921.29 of the	909
Revised Codethis chapter. The rules may relate to, but are not	910
limited to, the time, place, manner, and methods of application,	911
materials, and amounts and concentrations of application of	912
pesticides, may restrict or prohibit the use of pesticides in	913
designated areas during specified periods of time, and shall	914
encompass all reasonable factors that the director determines	915
necessary to minimize or prevent damage to the environment. In	916
addition, the rules shall establish the fees, deadlines, and time	917
periods for registration and, registration renewal, late	918
registration renewal, and failure to register under section 921.02	919
of the Revised Code,and the fees, deadlines, and time periods for	920
licensure and license renewal under sections 921.021, 921.06,	921
921.07, 921.08, 921.12921.09, 921.11, and 921.13 of the Revised	922
Code, and the deadlines for certification under section 921.11 of	923
the Revised Code.	924

(B) The director shall adopt rules that establish a schedule	925
of civil penalties for violations of sections 921.01 to 921.29 of	926
the Revised Codethis chapter, or any rule or order adopted or	927
issued under those sectionsit, provided that the civil penalty	928
for a first violation shall not exceed five thousand dollars and	929
the civil penalty for each subsequent violation shall not exceed	930
ten thousand dollars. In determining the amount of a civil	931
penalty for a violation, the director shall consider factors	932
relevant to the severity of the violation, including past	933
violations and the amount of actual or potential damage to the	934
environment or to human beings.	935

(C) The director shall adopt rules that set forth the	936
conditions under which the director:	937

(1) Requires that notice or posting be given of a proposed	938
application of a pesticide;	939

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

940

(3) Requires inspection, condemnation, or repair of	941
equipment used to apply a pesticide;	942

(4)(3) Will suspend, revoke, or refuse to issue any	943
pesticide registration for a violation of sections 921.01 to	944
921.29 of the Revised Codethis chapter;	945

(5)(4) Requires safe handling, transportation, storage,	946
display, distribution, and disposal of pesticides and their	947
containers;	948

(6)(5) Ensures the protection of the health and safety of	949
agricultural workers storing, handling, or applying pesticides,	950
and all residents of agricultural labor camps, as that term is	951
defined in section 3733.41 of the Revised Code, who are living or	952
working in the vicinity of pesticide-treated areas;	953

(7)(6) Requires a record to be kept of all pesticide	954
applications made by each licensed custom applicator, limited	955
commercial applicator, and public operatorand by any trained	956
serviceperson acting under the commercial applicator's direct	957
supervision and of all restricted use pesticide applications made	958
by each certified private applicator and by any immediate family	959
member or subordinate employee of that private applicator who is	960
acting under the private applicator's direct supervision as	961
required under section 921.14 of the Revised Code;	962

(8)(7) Determines thosethe pesticide use categories of	963
applicators who conductdiagnostic inspections that must be	964
conducted by a commercial applicator;	965

(8) Requires a record to be kept of all diagnostic	966
inspections or who offer pest control services that must be	967
performedconducted by a certifiedeach commercial applicator and	968
for which written records are requiredand by any trained service	969
person;	970

(9) Specifies what constitutes direct supervision. The	971
rules adopted under division (C)(9) of this section may allow	972
direct supervision to be provided by wireless telephone or two-way	973
radio. The director shall review the rules adopted under division	974
(C)(9) of this section every two years and revise them as	975
necessary.	976

(D) The director shall prescribe standards for the	977
certificationlicensure of applicators of pesticides consistent	978
with those prescribed by the federal act and the regulations	979
adopted thereunderunder it or prescribe standards that are more	980
restrictive than those prescribed by the federal act and the	981
regulations adopted under it. The standards may relate to the use	982
and handling of pesticides or to the use and handling of thea	983
pesticide or class of pesticide uses covered by the individual's	984
certification, and shall relate to the hazards involved and the	985
use experienceto an individual's pesticide-use category.	986

The director shall take into consideration standards of the	987
United States environmental protection agency.	988

(E) The director may adopt rules setting forth the	989
conditions under which the director will:	990

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

991

(2) Specify classes of devices that shall be subject to	992
this chapter;	993

(3) Prescribe other necessary registration information.

994

(F) The director may adopt rules to designate, in addition	995
to those restricted uses so classified by the administrator of the	996
United States environmental protection agency, restricted uses of	997
pesticides for the state or for designated areas within the state	998
and, if the director considers it necessary, to further restrict	999
such use.	1000

(G) TheExcept as provided in division (D) of this section,	1001
the director shall not adopt any rule under sections 921.01 to	1002
921.29 of the Revised Codethis chapter that meets either of the	1003
following:	1004

(1) Permits any pesticide use that is prohibited by the	1005
federal act and regulations or orders issued thereunder;	1006

(2) As to certified applicators of restricted use pesticides	1007
as designated under the federal act, and rules adopted as to	1008
experimental use permits as authorized by the federal act, is	1009
inconsistent with the requirements of the federal act and	1010
regulations adopted thereunder.	1011

(H) The director, after notice and opportunity for hearing,	1012
may declare as a pest any form of plant or animal life, other than	1013
human beings and other than bacteria, viruses, and other	1014
microorganisms on or in living human beings or other living	1015
animals, that is injurious to health or the environment.	1016

(I) The director may make reports to the United States	1017
environmental protection agency, in the form and containing the	1018
information the agency may require.	1019

(J) The director shall adopt rules for the application,	1020
use, storage, and disposal of pesticides if, in the director's	1021
judgment, existing programs of the United States environmental	1022
protection agency, necessitate such rules or pesticide labels do	1023
not sufficiently address issues or situations identified by the	1024
department of agriculture or interested state agencies. The	1025
director may develop and enter into cooperative agreements with	1026
other state agencies for the purpose of developing and	1027
implementing voluntary or mandatory pesticide management plans	1028
that are designed to prevent unreasonable adverse effects on human	1029
health and the environment.	1030

(K) The director shall adopt rules establishing training	1031
requirements for a trained serviceperson.	1032

(L) The director shall adopt all rules under sections 921.01	1033
to 921.29 of the Revised Codethis chapter in accordance with	1034
Chapter 119. of the Revised Code.	1035

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

1036

(1) Enter uponIn order to determine compliance with this	1037
chapter and rules adopted under it, enter any public or private	1038
premises or transport vehicles during regular business hours in	1039
order to have access to do any or all of the following:	1040

(a) Inspect and copy books, accounts,pesticide application	1041
records, contracts related to pesticide business activities, and	1042
memoranda, pesticides, or devices, subject to the sections of the	1043
law and the rules thereunder for the purpose of determining	1044
pesticide applications, the financial responsibility of the	1045
applicator, thedocuments;	1046

(b) Inspect the storage or disposal of pesticides; also, to	1047
inspect	1048

(c) Inspect and sample pesticides in storage or in use, the	1049
disposal of pesticides, to inspect;	1050

(d) Inspect equipment or devices used to apply pesticides,	1051
and to make copies of records in conformity therewith;	1052

(e) Inspect storage facilities and sites;

1053

(f) Inspect production areas of persons that manufacture	1054
pesticides for commercial purposes.	1055

(2) Enter upon any public or private premises at any time,	1056
when or where pesticides are being applied to determine if the	1057
applicator is or should be certified or licensed,or if proper	1058
notice has been given before pesticide application, and to collect	1059
samples of pesticides being applied or available for use, and to	1060
inspect equipment or devices used to apply pesticides;	1061

(3) Enter upon any public or private premises at reasonable	1062
hours to inspect any property thereon,or to collect samples of	1063
vegetation or animal life, water, soil, or other matter, in order	1064
to determine residue levels, efficacy of application, or adverse	1065
effects of application, drift, or spillage;	1066

(4) Should the director be denied access to any premises	1067
where such access is sought for the purposes set forth in this	1068
section, he may apply to any court of competent jurisdiction for a	1069
search warrant authorizing access to such land for saidthose	1070
purposes. The court may, upon such application, issue the search	1071
warrant for the purposes requested.	1072

(B) When the director or histhe director's authorized agent	1073
observes, or has reasonable cause to believe that a piece of	1074
equipment used by a customcommercial applicator or operator, a	1075
private applicator, or any other individual requires calibration,	1076
adjustment, or repair to enable it to perform satisfactorily, he	1077
the director may require such adjustment to be made immediately or	1078
issue a "stop operation" order pending repair to the equipment and	1079
hethe director may require a demonstration of it before	1080
cancellation or withdrawal of the stop operation order.	1081

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

1082

(1) Issue an order to the owner or custodian of any lot of	1083
pesticide or a device requiring it to be held at a designated	1084
place when the director or the director's authorized agent has	1085
reasonable cause to believe that the pesticide or device has been	1086
distributed, stored, transported, or used in violation of sections	1087
921.01 to 921.29 of the Revised Codethis chapter, or any rule	1088
adopted thereunder. The pesticide or device shall be held until a	1089
release in writing is issued by the director, the director's	1090
authorized agent, or by a court order. No release shall be issued	1091
until sections 921.01 to 921.29 of the Revised Code,this chapter	1092
and the rules adopted thereunder are complied with.	1093

(2) If the owner or custodian is not available for service	1094
of the order upon himthe owner or custodian, the director may	1095
attach the order to the pesticide or device and notify the owner	1096
or custodian, and the registrant.	1097

(D)(1) The director shall establish standards governing the	1098
development and implementation of integrated pest management	1099
practices that are designed to prevent unreasonable adverse	1100
effects on human health and the environment.	1101

(2) The director may enter into cooperative agreements	1102
with other state agencies for the implementation of voluntary or	1103
mandatory integrated pest management practices.	1104

Sec. 921.08.        Sec. 921.19. (A) Every state agency, municipal	1105
corporation, and every other governmental agency and political	1106
subdivision is subject to sections 921.01 to 921.29 of the Revised	1107
Codethis chapter and the rules adopted thereunder with respect to	1108
the application, handling, and use of pesticides.	1109

(B) No individual shall act as a public operator without	1110
having a public operator license issued by the director of	1111
agriculture. Licenses shall be issued for a period of time	1112
established by rule and shall be renewed in accordance with	1113
deadlines established by rule. The director shall by rule	1114
classify, by categories, licenses to be issued under this section.	1115

(C) An individual shall apply to the director for a public	1116
operator license on a form prescribed by the director. Each	1117
application for a license shall state the license category or	1118
categories for which the applicant is applying, and any other	1119
information that the director determines essential to the	1120
administration of sections 921.01 to 921.29 of the Revised Code.	1121

(D) After finding that the applicant is qualified, upon	1122
payment of a twenty-dollar license fee per year, the director	1123
shall issue a public operator license, limited to the category for	1124
which the applicant is qualified. The license and renewal fee	1125
does not apply to any applicant who is an employee of the	1126
department of agriculture. If a license is not issued or	1127
renewed, the fee submitted shall be retained by the state as	1128
payment for reasonable expenses of processing the application.	1129
Public operators, upon obtaining a valid license under this	1130
section, are certified applicators for the purpose of applying or	1131
directly supervising the use of restricted use pesticides	1132
pertinent to their respective categoriesEach state agency,	1133
municipal corporation, and other governmental agency and	1134
political subdivision is responsible for the acts of each of its	1135
employees in the application, handling, and use of pesticides.	1136

Sec. 921.151.        Sec. 921.22.  The pesticide program fund is hereby	1137
created in the state treasury. All money in the fund shall be	1138
used to carry out the purposes of this chapter. The fund shall	1139
consist of fees collected under sections 921.01 to 921.15 of the	1140
Revised Code and all fines, penalties, costs, and damages, except	1141
court costs, whichthat are collected by either the director of	1142
agriculture or the attorney general in consequence of any	1143
violation of sections 921.01 to 921.29 of the Revised Code. Not	1144
later than the thirtieth day of June of each year, the director of	1145
budget and management shall determine whether the amount credited	1146
to the pesticide program fund is in excess of the amount necessary	1147
to meet the expenses of the director of agriculture in	1148
administering this chapter and shall transfer any excess from the	1149
pesticide program fund to the general revenue fundthis chapter.	1150

Sec. 921.24.        Sec. 921.23.  The director of agriculture may suspend,	1151
pending inquiryprior to a hearing, for not longer than ten days,	1152
and, after the opportunity for hearing, may deny, suspend, revoke,	1153
refuse to renew, or modify any provision of any license, permit,	1154
or certificationregistration issued pursuant to this chapter if	1155
hethe director finds that the applicant or the holder of a	1156
license, permit, or certificateregistration is no longer	1157
qualified, has violated any provision of this chapter or rules	1158
adopted under it, has been found guilty of violating the Federal	1159
Insecticide, Fungicide and Rodenticide Actfederal act, or has	1160
been convicted of a misdemeanor involving moral turpitude or of a	1161
felony.	1162

Sec. 921.25.        Sec. 921.24. It is unlawful for anyNo person to	1163
shall do any of the following:	1164

(A) Apply, use, directly supervise such application or use,	1165
or recommend a pesticide for use inconsistent with itsthe	1166
pesticide's labeling, treatment standards, or other restrictions	1167
imposed by the director of agriculture;	1168

(B) Except as provided in division (C) of this section, use	1169
any pesticideAct as a commercial applicator without being	1170
licensed or certified to do so or being a trained serviceman under	1171
the direct supervision of a commercial applicator or limited	1172
commercial applicator;	1173

(C) Use any restricted use pesticide, unless certifiedthe	1174
person is licensed to do so, acting as a trained serviceman under	1175
the direct supervision of a commercial applicator or limited	1176
commercial applicator,is a trained serviceperson acting under the	1177
direct supervision of a commercial applicator, or acting asis an	1178
employee or immediate family member or a subordinate employee of a	1179
private applicator under the direct supervision of that private	1180
applicator;	1181

(D) Refuse or fail to keep andor maintain records required	1182
by the director in rules he adoptsadopted under sections 921.01	1183
to 921.29 of the Revised Codethis chapter, or to make reports	1184
when and as required by the director in rules he adoptsadopted	1185
under sections 921.01 to 921.29 of the Revised Codethis chapter;	1186

(E) Falsely or fraudulently represent the effect of	1187
pesticides or methods to be utilized;	1188

(F) Apply known ineffective or improper materials;

1189

(G) Operate in a negligent manner, which includes the	1190
operation of faulty or unsafe equipment;	1191

(H) Impersonate any federal, state, county, or municipal	1192
official;	1193

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

1194

(J) Directly supervise the use of any restricted use	1195
pesticide on the property of another without having a certified	1196
applicator inFail to provide training to trained servicepersons	1197
in the application of pesticides;	1198

(K) Fail to provide direct supervision as specified in rules	1199
adopted under division (C) of section 921.16 of the Revised Code;	1200

(K) Directly supervise the use of any general use pesticide	1201
on the property of another without having a licensed applicator in	1202
direct supervision	1203

(L) Distribute a misbranded or adulterated pesticide;

1204

(L)(M) Use fraud or misrepresentation in making application	1205
for a license or certificateregistration or renewal of a license	1206
or certificateregistration;	1207

(M)(N) Refuse, fail, or neglect to comply with any	1208
limitation or restriction of a license or registration issued	1209
pursuant to sections 921.01 to 921.29 of the Revised Codeunder	1210
this chapter or rules adopted thereunder;	1211

(N)(O) Aid or abet a licensee or another person in violating	1212
sections 921.01 to 921.29 of the Revised Codethis chapter or	1213
rules adopted thereunder;	1214

(O)(P) Make a false or misleading statement in an inspection	1215
concerning any infestation of pests or the use of pesticides;	1216

(P)(Q) Refuse or fail to comply with sections 921.01 to	1217
921.29 of the Revised Codethis chapter, the rules adopted	1218
thereunder, or with any lawful order of the director;	1219

(Q)(R) Distribute restricted use pesticides to the ultimate	1220
user or to an employee who is a commercial applicator at any time	1221
without a pesticide dealer's license or;	1222

(S) Except as provided in division (F) of section 921.26 of	1223
the Revised Code, distribute restricted use pesticides to an	1224
ultimate user who is not a certified applicator licensed under	1225
sections 921.01 to 921.29section 921.06, 921.08, or 921.11 of the	1226
Revised Code and rules adopted thereunderunder this chapter;	1227

(R)(T) Use any pesticide that is under an experimental use	1228
permit contrary to the provisions of suchthe permit;	1229

(S)(U) Engage in fraudulent business practices in the	1230
application of pesticides, when licensed as a custom applicator;	1231

(T)(V) Dispose of any pesticide product or container in such	1232
a manner as to have unreasonable adverse effects on the	1233
environment;	1234

(U)(W) Display any pesticide in any manner to produce	1235
unreasonable adverse effects on the environment, or to contaminate	1236
adjacent food, feed, or other products;	1237

(V)(X) Apply any pesticide by aircraft without being	1238
licensed as a commercial applicator;	1239

(Y) Distribute a pesticide that is not registered with the	1240
director;	1241

(Z) Fail to properly supervise a trained serviceperson.

1242

Sec. 921.26.        Sec. 921.25.  (A)(1) Whenever the director of	1243
agriculture has cause to believe that any person has violated, or	1244
is violating, sections 921.01 to 921.29 of the Revised Code,this	1245
chapter or any rule or order adopted or issued under those	1246
sectionsit, hethe director may conduct a hearing which shall be	1247
in accordance with Chapter 119. of the Revised Code to determine	1248
whether a violation has occurred. TheExcept as otherwise provided	1249
in division (A)(3) of this section, the director shall assess a	1250
civil penalty against any person who violates sections 921.01 to	1251
921.29 of the Revised Code,this chapter or any rule or order	1252
adopted or issued under those sections,it in accordance with the	1253
schedule of civil penalties established in rules adopted under	1254
division (A)(B) of section 921.16 of the Revised Code. Each day a	1255
violation continues constitutes a separate and distinct violation.	1256

(2) In addition, the director may assess a civil penalty	1257
against any employer of a person who violates sections 921.01 to	1258
921.29 of the Revised Code, or any rule or order adopted or issued	1259
under those sections, for the same violation for which he fines	1260
the employee, if one of the following applies:	1261

(a) With prior knowledge of the employee's act or omission	1262
which constitutes the violation, the employer authorizes,	1263
approves, or otherwise actively participates in the act or	1264
omission;	1265

(b) After the occurrence of the employee's act or omission	1266
that constitutes the violation, the employer, with full knowledge	1267
of the act or omission, ratifies it;	1268

(c) The employer had knowledge that the act or omission of	1269
the employee that constitutes the violation would occurto	1270
assessing a civil penalty under division (A)(1) of this section,	1271
the director may deny, modify, suspend, revoke, or refuse to renew	1272
a license, permit, or registration issued under this chapter.	1273

(3) The civil penalty authorized under division (A)(1) of	1274
this section may be assessed against the employer of a person who	1275
violates this chapter or any rule adopted or order issued under it	1276
rather than against the person.	1277

Divisions (A)(1) and, (2), and (3) of this section do not	1278
affect, and shall not be construed as affecting, any other civil	1279
or criminal liability of the employee or the employer that may	1280
arise in consequence of the employer's or the employee's violation	1281
of this chapter or any other law.	1282

(3)(4) If the person or employer or employee does not pay a	1283
civil penalty within a reasonable time after its assessment, the	1284
attorney general, upon the request of the director, shall bring a	1285
civil action to recover the amount of the penalty.	1286

(B)(1) In lieu of conducting a hearing under division (A) of	1287
this section, the director may refer the violation to the attorney	1288
general who, except as otherwise provided in division (B)(2) of	1289
this section, may bring a civil action against any person who	1290
violates sections 921.01 to 921.29 of the Revised Code,this	1291
chapter or any rule or order adopted or issued under those	1292
sectionsit. If the court determines that a violation has	1293
occurred, the court shall order the person to pay a civil penalty	1294
for each violation, not to exceed five thousand dollars for a	1295
first violation and not to exceed ten thousand dollars for each	1296
subsequent violation. Each day a violation continues shall	1297
constituteconstitutes a separate and distinct violation.	1298

(2) If the director refers a violation to the attorney	1299
general under division (B)(1) of this section, the attorney	1300
general, in addition, may bring a civil action against any	1301
employer of a person who violates sections 921.01 to 921.29 of the	1302
Revised Code, or any rule or order adopted or issued under those	1303
sections. The court shall order the employer to pay a civil	1304
penalty for the same violation for which the court orders the	1305
employee to pay a civil penalty, if one of the following applies:	1306

(a) With prior knowledge of the employee's act or omission	1307
which constitutes the violation, the employer authorizes,	1308
approves, or otherwise actively participates in the act or	1309
omission;	1310

(b) After the occurrence of the employee's act or omission	1311
that constitutes the violation, the employer, with full knowledge	1312
of the act or omission, ratifies it;	1313

(c) The employer had knowledge that the act or omission of	1314
the employee that constitutes the violation would occurThe civil	1315
action authorized under division (B)(1) of this section may be	1316
brought against the employer of a person who violates this chapter	1317
or any rule adopted or order issued under it rather than against	1318
the person.	1319

Divisions (B)(1) and (2) of this section do not affect, and	1320
shall not be construed as affecting, any other civil or criminal	1321
liability of the employee or the employer whichthat may arise in	1322
consequence of the employer's or employee's violation of this	1323
chapter or any other law.	1324

(C) In addition to the remedies provided and irrespective of	1325
whether or not there exists an adequate remedy at law, the	1326
director may apply to the court of common pleas for a temporary or	1327
permanent injunction or other appropriate relief against continued	1328
violation of sections 921.01 to 921.29 of the Revised Codethis	1329
chapter.	1330

(D) The remedies available to the director and to the	1331
attorney general under sections 921.01 to 921.29 of the Revised	1332
Codethis chapter are cumulative and concurrent, and the exercise	1333
of one remedy by either the director or the attorney general, or	1334
by both, does not preclude or require the exercise of any other	1335
remedy by the director, the attorney general, or a prosecutor as	1336
defined in section 2935.01 of the Revised Code, except that no	1337
person shall pay both a civil penalty under division (A) of this	1338
section and a civil penalty under division (B) of this section for	1339
the same violation.	1340

(E) If a person violates this chapter or rules adopted under	1341
it, both of the following apply:	1342

(1) The person is liable for the violation.

1343

(2) The employer of the person is liable for and may be	1344
convicted of the violation if the person was acting on behalf of	1345
the employer and was acting within the scope of the person's	1346
employment.	1347

Sec. 921.23.        Sec. 921.26.  (A) The penalties provided for	1348
violations of sections 921.01 to 921.29 of the Revised Codethis	1349
chapter do not apply to any of the following:	1350

(1) Any carrier while lawfully engaged in transporting a	1351
pesticide or device within this state, if that carrier, upon	1352
request, permits the director of agriculture to copy all records	1353
showing the transactions in the movement of the pesticides or	1354
devices;	1355

(2) Public officials of this state and the federal	1356
government, other than public operatorscommercial applicators	1357
employed by the federal government, the state, or a political	1358
subdivision, while engaged in the performance of their official	1359
duties in administering state or federal pesticide laws or rules,	1360
or while engaged in pesticide research;	1361

(3) The manufacturer or shipper of a pesticide for	1362
experimental use only by or under supervision of an agency of this	1363
state or of the federal government authorized by law to conduct	1364
research in the field of pesticides, provided that the	1365
manufacturer or shipper is not required to obtain an experimental	1366
use permit from the United States environmental protection agency;	1367

(4) The manufacturer or shipper of a substance being tested	1368
in which its purpose only is to determine its value for pesticide	1369
purposes or to determine its toxicity or other properties, and	1370
from which the user does not expect to receive any benefit in pest	1371
control from its use;	1372

(5) Persons conducting laboratory research involving	1373
pesticides;	1374

(6) Persons who incidentally use pesticides. The incidental	1375
use shall involve only the application of general use pesticides.	1376
If a person incidentally uses a pesticide, the pesticide shall be	1377
applied in strict accordance with the manufacturer's label for	1378
general use purposes. If further applications are necessary	1379
following the incidental use application, a pesticide applicator	1380
shall apply the pesticide.	1381

(B) No pesticide or device shall be considered in violation	1382
of sections 921.01 to 921.29 of the Revised Codethis chapter when	1383
intended solely for export to a foreign country, and when prepared	1384
or packed according to the specifications or directions of the	1385
purchaser. If the pesticide or device is not so exported, the	1386
provisions of sections 921.01 to 921.29 of the Revised Code apply	1387
this chapter applies.	1388

(C) No person who is licensed, regulated, or registered	1389
under section 921.02, 921.021, 921.03, 921.06, 921.07, 921.08,	1390
921.09, 921.11, 921.12,or 921.13, or 921.15 of the Revised Code	1391
shall be required to obtain a license or permit to operate or to	1392
be otherwise regulated in such capacity by any local ordinance, or	1393
to meet any other condition except as otherwise provided by	1394
statute or rule of the United States or of this state.	1395

(D) Section 921.06921.09 of the Revised Code relating to a	1396
custom applicator does not apply to an individual who uses only	1397
ground equipment for himselfthe individual or for histhe	1398
individual's neighbors, provided that hethe individual meets all	1399
of the following requirements:	1400

(1) Is certified as a private applicator if he uses a	1401
restricted use pesticidelicensed under section 921.11 of the	1402
Revised Code;	1403

(2) Operates farm property and operates and maintains	1404
pesticide application equipment primarily for histhe individual's	1405
own use;	1406

(3) Is not regularly engaged in the business of applying	1407
pesticides for hire or does not publicly hold himselfoneself out	1408
as a pesticide applicator;	1409

(4) Meets any other requirement established by rule.

1410

(E) SectionsSection 921.06 and 921.07 of the Revised Code	1411
relating to licenses and requirements for their issuance dodoes	1412
not apply to licensed physicians or veterinarians applying	1413
pesticides to manhuman beings or other animals during the normal	1414
course of their practice, provided that they are not regularly	1415
engaged in the business of applying pesticides for hire amounting	1416
to a principal or regular occupation or do not publicly hold	1417
themselves out as commercial applicators.	1418

(F) Division (S) of section 921.24 of the Revised Code does	1419
not apply to a pesticide dealer who distributes restricted use	1420
pesticides to a nonresident who is licensed in another state	1421
having a state plan approved by the United States environmental	1422
protection agency.	1423

Sec. 921.27.  (A) If the director of agriculture has	1424
reasonable cause to believe that a pesticide or device is being	1425
distributed, stored, transported, or used in violation of sections	1426
921.01 to 921.29 of the Revised Code,this chapter or of any of	1427
the prescribed rules, it shall be subject to seizure on complaint	1428
of the director to a court of competent jurisdiction in the	1429
locality in which the pesticide or device is located.	1430

(B) If the article is condemned, it shall, after entry or	1431
decree, be disposed of by destruction or sale as the court may	1432
direct and the proceeds, if suchthe article is sold, less legal	1433
costs, shall be paid to the pesticide program fund created in	1434
section 921.151921.22 of the Revised Code. The article shall not	1435
be sold contrary to the provisions of this section. Upon payment	1436
of costs and execution and delivery of a good and sufficient bond	1437
conditioned that the article shall not be disposed of unlawfully,	1438
the court may direct that the article be delivered to the owner	1439
thereof for relabeling or reprocessing.	1440

Sec. 921.29.  Fines, penalties, costs, and damages assessed	1441
against a person in consequence of violations of sections 921.01	1442
to 921.29 of the Revised Codethis chapter, as provided in	1443
sections 921.01 to 921.29 of the Revised Codethis chapter or any	1444
other section of the Revised Code, shall be a lien in favor of the	1445
state upon the real and personal property of the person, upon the	1446
filing of a judgment or an order of the director of agriculture	1447
with the county in which the real and personal property is	1448
located. The real and personal property of the person shall be	1449
liable to execution for the fines, penalties, costs, and damages	1450
by the attorney general, who shall deposit any proceeds from an	1451
execution upon the property in the pesticide program fund created	1452
in section 921.151921.22 of the Revised Code.	1453

Sec. 921.30. Nothing in this chapter or any rule adopted	1454
under it shall be construed to require the director of agriculture	1455
to report any findings to the appropriate prosecuting authority	1456
for proceedings in prosecution of, or issue any order or institute	1457
any enforcement procedure for, a violation of this chapter or a	1458
rule adopted under it whenever the director believes that the	1459
public interest will be best served by a suitable written notice	1460
of warning. A person who receives a written notice of warning may	1461
respond in writing to the notice.	1462

Sec. 921.30.        Sec. 921.31.  On receipt of a notice pursuant to	1463
section 3123.43 of the Revised Code, the director of agriculture	1464
shall comply with sections 3123.41 to 3123.50 of the Revised Code	1465
and any applicable rules adopted under section 3123.63 of the	1466
Revised Code with respect to a license, certificateregistration,	1467
or permit issued pursuant to this chapter.	1468

Sec. 921.99.  (A) Whoever violates sections 921.01 to 921.29	1469
of the Revised Codethis chapter or rules adopted under those	1470
sectionsit, except division (G) or (O)(P) of section 921.25	1471
921.24 of the Revised Code, is guilty of a misdemeanor of the	1472
second degree on a first offense and a misdemeanor of the first	1473
degree on a subsequent offense.	1474

(B) Whoever violates division (G) or (O)(P) of section	1475
921.25921.24 of the Revised Code is guilty of a misdemeanor of	1476
the first degree on a first offense and a felony of the fourth	1477
degree on each subsequent offense.	1478

(C) No recovery of damages shall be allowed from	1479
administrative action taken or for "stop sale, use, or removal" if	1480
the court finds that there was probable cause for suchthat	1481
action.	1482

Section 2. That existing sections 907.42, 921.01, 921.02,	1483
921.021, 921.06, 921.08, 921.09, 921.10, 921.11, 921.13, 921.14,	1484
921.151, 921.16, 921.18, 921.22, 921.23, 921.24, 921.25, 921.26,	1485
921.27, 921.29, 921.30, and 921.99 and sections 921.07 and 921.12	1486
of the Revised Code are hereby repealed.	1487