The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
(124th General Assembly)
(Amended Substitute Senate Bill Number 217)
AN ACT
To amend section 921.021 and, on July 1, 2004, to
further amend section 921.021 and to amend sections
907.42, 921.01, 921.02,
921.06, 921.08,
921.09,
921.10, 921.11, 921.13,
921.14, 921.151,
921.16,
921.18, 921.22 to 921.27,
921.29, 921.30,
and
921.99; to amend, on July 1, 2004, for the
purpose
of adopting new section numbers as
indicated in
parentheses, sections 921.021
(921.09),
921.08
(921.19), 921.09 (921.12),
921.151 (921.22),
921.22
(921.08), 921.23
(921.26), 921.24 (921.23),
921.25
(921.24),
921.26 (921.25), and 921.30
(921.31);
to enact, on July 1, 2004, new section
921.30; and
to
repeal, on July 1, 2004,
sections
921.07 and
921.12 of the Revised
Code to
revise the
Pesticides
Law.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That section 921.021 of the
Revised Code be
amended to read as follows: Sec. 921.021. (A) No person shall own or operate a
pesticide application business without obtaining a license for
each location owned or operated by the person in the state
from
the
director of agriculture.
Licenses shall be issued for a
period of time established by rule and shall
be renewed in
accordance with deadlines established by rule. (B) Any person who owns or operates a pesticide
application
business outside of this state, but engages in the
business of
applying pesticides to properties of another for hire
in this
state, shall obtain a license for the person's
principal
out-of-state location from the director. (C) The person applying for a pesticide application
business
license shall file a statement with the director, on a
form
provided by the director, that shall include any
information that
the director determines necessary and that the
director
requires
by rule. Each applicant shall pay a license
fee
of twenty
dollars per year for each pesticide application business
license
the applicant is required to obtain. (D) The owner or operator of a pesticide application
business shall employ at least one licensed custom applicator for
each pesticide application business location the owner or
operator owns or operates. (E) The owner or operator of a pesticide application
business is responsible for the acts of each employee in the
handling, application, and use of pesticides
and in the conducting
of diagnostic inspections. The pesticide
application business
license is subject to denial,
modification, suspension, or
revocation after a hearing for any violation of
sections 921.01
to
921.29 of the Revised Code, if it is determined that the owner
or
operator ratified or knowingly or negligently permitted any
officer, employee, or agent to commit the violations
this chapter
or any rule adopted or order issued under it. The
director
also
may levy against the owner or operator any civil
penalties
authorized by division (B) of section 921.16 of the
Revised Code
for any violation of
sections 921.02 to
921.29
of
the Revised
Code for any violation of those sections
this chapter or any rule
adopted or order issued under it that is committed
by
the owner or
operator or
any
by the owner's or operator's officer, employee, or
agent.
For
purposes of this division, an owner or operator is
deemed to have
ratified violations committed by any officer,
employee, or agent
if collectively the officers, employees, or
agents commit
three
violations of a high or moderate level of
severity in accordance
with established department enforcement
guidelines that relate
directly to the storage, preparation,
handling, distribution, or
application of pesticides, or any
violation involving fraud,
within a twenty-four-month period. (F) The director may deny a pesticide application business
license to any current owner, operator, officer, or agent whose
pesticide application business license has been revoked within
the
previous thirty-six months. (G) The director shall adopt any rules necessary to
administer and enforce this section.
SECTION 2. That existing section 921.021 of the Revised Code
is hereby repealed. SECTION 3. That sections 907.42, 921.01, 921.02, 921.021,
921.06, 921.08, 921.09, 921.10, 921.11, 921.13, 921.14, 921.151,
921.16, 921.18, 921.22, 921.23, 921.24, 921.25, 921.26, 921.27,
921.29, 921.30, and 921.99 be amended, sections 921.021
(921.09),
921.08 (921.19), 921.09 (921.12), 921.151 (921.22),
921.22
(921.08), 921.23 (921.26), 921.24 (921.23), 921.25
(921.24),
921.26 (921.25), and 921.30 (921.31) be amended for
the purpose
of adopting new section numbers as indicated in
parentheses, and
new section 921.30 of the Revised Code be enacted to read as
follows:
Sec. 907.42. No person shall sell, distribute, or have in
his
the
person's possession for
sale, a poisonous seed treatment
material in the state unless
such
the material
meets the color
standards or specifications that are established by the
director
of agriculture pursuant to section 907.43 of the Revised Code.
Products sold and distributed as seed treatments shall conform to
directions
for use on labels accepted for registration under
sections 921.11 to 921.20,
inclusive,
Chapter 921. of the Revised
Code, and the federal "Insecticide, Fungicide and
Rodenticide
Act," 61 Stat. 163 (1947), 7 U.S.C.A. 135, as amended.
Sec. 921.01. As used in
sections 921.01 to 921.29 of the
Revised Code
this chapter: (A)
"Active ingredient" means any ingredient that will
prevent, destroy, kill, repel, control, or mitigate any pest, or
that will act as a plant regulator, defoliant, or desiccant. (B)
"Adulterated" shall apply to any pesticide if its
strength or purity is less than or greater than the professed
standard or quality as expressed on its labeling or under which
it
is sold, if any substance has been substituted wholly or in
part
for the pesticide, or if any valuable constituent of the
pesticide
has been wholly or in part abstracted. (C)
"Agricultural commodity" means any plant or part
thereof
or animal or animal product, produced for commercial
use by a
person, including farmers, ranchers, vineyardists, plant
propagators, Christmas tree growers, aquaculturists,
floriculturists, orchardists, foresters, or other comparable
persons, primarily for the sale, consumption, propagation, or
other
use, by
man
humans or animals. (D)
"Aircraft" means any device used or designed for
navigation or flight in the air, except a parachute or other
device used primarily as safety equipment. (E)
"Animal" means all vertebrate and invertebrate
species,
including, but not limited to,
man
humans and other
mammals,
birds, fish, and shellfish. (F)
"Authorized diagnostic inspection" means a diagnostic
inspection conducted by a commercial applicator in the
pesticide-use category in which the commercial applicator is
licensed under this chapter. (G) "Beneficial insects" means those insects that, during
their life cycle, are effective pollinators of plants,
are
parasites
or predators of pests, or are otherwise beneficial. (G)(H)
"Brand" means any word, name, symbol, device, or
any
combination thereof, that serves to distinguish the pesticide
manufactured or distributed by one person from that manufactured
or distributed by any other person.
(H) "Certification" means the recognition by a certifying
agency that a person is competent and authorized to use
or
directly supervise the use of restricted use pesticides.
(I)
"Certified
Pesticide applicator" means
an individual who
is
certified by the director of agriculture to use or to directly
supervise the
use of
restricted use pesticides in categories
specified in the
certification or for specific uses named in the
permit
a commercial applicator or a private applicator. (J)
"Private applicator" means an individual who is
certified
licensed under section
921.11 of the Revised Code
and
who uses or
directly supervises the use of any
restricted use
pesticide for
purposes of producing any agricultural
commodity on
property owned
or rented by
him
or
his
employer
or,
if applied
without
compensation other
than trading of personal
services
between
producers of
agricultural commodities, on the
property of
another
person. (K)
"Commercial applicator" means an individual who is
certified as a custom
applicator, a custom operator, or a public
operator, whether or not
he
is a
private
applicator with respect
to some uses, and who uses or directly
supervises the use of any
pesticide,
"Commercial applicator" includes an individual
who
provides
diagnostic
inspections to determine infestations of
pests
on
property, or who
offers pest control services,
other than
as
provided by the
definition of
"private applicator
licensed
under
section 921.06 of the Revised Code to
apply pesticides or
to
conduct
authorized diagnostic inspections." (L)
"Limited commercial applicator" means an individual
other
than a private applicator who limits
his
pesticide
application
activities including direct supervision of
the use of pesticides
to
his
own property or to
that of
his
principal
employer and who
has
been
certified or licensed as competent by the director to
apply
restricted
use pesticides or general use pesticides in those
certain categories and in
the manner specified in
his
certification or
licensure. (M)
"Certifying agency" means the department of
agriculture
or a similar agency of another state recognized as such
by the
United States environmental protection agency.
(N)
"Custom applicator" means any individual who applies
pesticides in this
state for hire, but does not include any of the
following:
(1) A private applicator;
(2) A public applicator;
(3) A trained
serviceman;
(4) Limited commercial applicator.
(O)
"Custom operator" means an individual, other than a
trained
serviceman,
who may directly supervise a
trained
serviceman
in
activities that include
recommending control,
handling, mixing, and applying pesticides
and the disposal of
waste, excess materials, or containers.
(P)
"Competent" means properly qualified
to perform the
functions that are
prescribed
by the
director of agriculture and
under the federal act, and that
are
associated with pesticide
application as evidenced by
passing the general examination and
each applicable pesticide-use
category examination for the
pesticide-use categories in which a
person applies pesticides and,
in the case of a person who is a commercial applicator, conducts
diagnostic inspections and
by meeting any other criteria
established
by rule.
(Q)(M)
"Federal act" means the
"Federal Insecticide,
Fungicide
and Rodenticide
Act," 61 Stat. 163 (1947), 7 U.S.C.A.
136, as
amended.
(R)(N)
"Defoliant" means any substance or mixture of
substances
intended for causing the leaves or foliage to drop
from
a plant,
with or without causing abscission.
(S)(O)
"Desiccant" means any substance or mixture of
substances
intended for artificially accelerating the drying of
plant tissue.
(T)(P)
"Device" means any instrument or contrivance, other
than
a firearm, that is intended for trapping, destroying,
repelling,
or mitigating any pest or any other form of plant or
animal life,
other than
man
human beings and other than
bacteria,
virus, or
other microorganism on or in living
man
human beings or
other
living animals.
"Device"
does not include equipment used for
the
application of
pesticides when sold separately therefrom.
(U)(Q)
"Direct supervision" means either of the following, as
applicable:
(1) Unless otherwise prescribed by its labeling, a pesticide
is considered to
be
applied under the direct supervision of a
commercial or limited commercial
applicator,
if it is applied by a
trained
serviceman
serviceperson acting
under the
instructions and
control of a
commercial or limited commercial applicator
who
is
responsible for the actions of that
trained
serviceman
and who
is
available
when needed, even though the
commercial or limited
commercial applicator is
not physically
present at the time and
place the pesticide is applied;. (2) Unless otherwise prescribed by its labeling, a
restricted use pesticide
is considered to be applied under the
direct supervision of a private
applicator, if it is applied by an
employee or immediate family member
or a subordinate employee of
that
private applicator
acting under the instructions and control
of the private
applicator, who is responsible for the actions of
that
employee or
immediate
family member
or subordinate employee
and who is available when needed, even
though the private
applicator is not physically present at the
time and place the
restricted use
pesticide
handling activities
are
application is
occurring.
Restricted use pesticide
handling activities
include
equipment
calibration, mixing, loading,
application,
operator
safety, and
disposal. (V)(R)
"Directly supervise" means providing direct
supervision
under division
(U)(Q)(1) or (2) or both of those
divisions of this
section, as applicable.
(W)(S)
"Distribute" means to offer or hold for sale, sell,
barter, ship, deliver
for shipment, or receive and, having
so
received, to deliver or offer to deliver, pesticides in this
state.
"Distribute" does not mean to hold for use, apply, or use
pesticides
or dilutions of pesticides, except when a pesticide
dealer holds for use,
applies, or uses pesticides or dilutions of
pesticides in the course of
business with a commercial applicator
who is employed by that pesticide
dealer.
(X)(T)
"Environment" includes water, air, land, and all
plants
and
man
human beings and other
animals living therein, and
the
interrelationships that exist among them.
(Y)(U)
"Fungus" means any nonchlorophyll-bearing
thallophyte,
which is any nonchlorophyll-bearing plant of a lower
order than
mosses and liverworts, as for example, rust, smut,
mildew, mold,
yeast, and bacteria, except those on or in living
man
human beings
or other animals, or processed food, beverages,
or
pharmaceuticals.
(Z)(V)
"General use pesticide" means a pesticide that is
classified for general use under
provisions of the federal
act.
(AA)(W)
"Ground equipment" means any device, other than
aircraft, used on land or water to apply pesticides in any form.
(BB)(X) "Immediate family" means a person's spouse residing
in the person's household, brothers and sisters of the whole or of
the half blood, children, including adopted children, parents, and
grandparents.
(Y) "Incidental use" or "incidentally use" means the
application of a general use pesticide on an occasional, isolated,
site-specific basis in order to avoid immediate personal harm.
"Incidental use" or "incidentally use" does not mean regular,
routine, or maintenance application of a general use pesticide. (Z)
"Inert ingredient" means an ingredient that is not
active. (CC)(AA)
"Ingredient statement" means a statement of the name
and percentage of
each active
ingredient, together with the total
percentage of inert
ingredients. When the pesticide contains
arsenic in any form, the
ingredient statement shall include
percentages of total and
water soluble arsenic, each calculated as
elemental arsenic.
(DD)(BB)
"Insect" means any of the numerous small
invertebrate
animals generally having the body more or less
obviously
segmented, for the most part belonging to the class
insecta,
including, but not limited to, beetles, bugs, bees, and
flies, and
to
other allied classes of arthropods, including, but
not limited
to, spiders, mites, ticks, centipedes, and wood lice.
(EE)(CC) "Integrated pest management" means a sustainable
approach to managing pests by combining biological, cultural,
physical, and chemical tools in a way that minimizes economic,
health, and environmental risks.
(DD)
"Label" means the written, printed, or graphic matter
on, or attached to the pesticide or device, or any of its
containers or wrappers. (FF)(EE)
"Labeling" means all labels and other written,
printed,
or graphic matter:
(1) Accompanying the pesticide product or device at any
time; (2) To which reference is made on the label or in
literature
accompanying the pesticide product or device, except
when
accurate, nonmisleading reference is made to current
official
publications of the United States environmental
protection agency,
the United States department of agriculture or
interior, the
United
States department of health and human
services, state
experiment
stations, state agricultural colleges,
or other similar
federal or
state institutions or official
agencies, authorized by
law to
conduct research in the field of
pesticides; (3) Including all brochures, technical and sales
bulletins,
and all advertising material. (GG)(FF) "Licensure" includes certification as used in the
federal act.
(GG)
"Misbranded" applies, if the conditions of either
division
(GG)(1) or
(2) of this section are satisfied as
follows: (1) To any pesticide or device, if at least one of the
following occurs: (a) Its labeling bears any statement, design, or
graphic
representation relative thereto or to its ingredients
that is
false or misleading in any particular;. (b) It is an imitation of or is distributed under the
name
of another pesticide or device;. (c) Any word, statement, or other information required
to
appear on the label or labeling is not prominently placed
thereon
with such conspicuousness, as compared with other words,
statements, designs, or graphic matter in the labeling, and in
such terms as to render it likely to be read and understood by
the
ordinary individual under customary conditions of purchase
and
use. (2) To any pesticide, if at least one of the following
occurs: (a) The labeling of a restricted use pesticide does not
contain a
statement that it is a restricted use pesticide;. (b) The labeling accompanying it does not contain
directions
for use that are necessary for effecting the purpose
for which the
pesticide is intended and, if complied with, together
with any
requirements imposed by the federal act, that are adequate to
protect the environment;. (c) The label does not bear all of the following: (i) The name, brand, or trademark under which the pesticide
is
distributed; (ii) An ingredient statement on the part of the immediate
container and on the outside container and wrapper of the retail
package, if any, through which the ingredient statement on the
immediate container cannot be clearly read, which is presented or
displayed under customary conditions of purchase, provided that
the ingredient statement may appear prominently on another part
of
the container as permitted by the amended federal act or by
the
director; (iii) A warning or caution statement that may be
necessary
and that, if complied with together with any
requirement imposed
under the federal act, would be adequate to
protect the
environment; (iv) The net weight or measure of the contents, subject to
such reasonable variations as the administrator of the United
States
environmental protection agency or the director of
agriculture may permit; (v) The name and address of the manufacturer, registrant,
or
person for whom manufactured; (vi) The United States environmental protection agency
registration number assigned to each establishment in which the
pesticide
was produced and the agency registration number assigned
to it,
as required by regulations under the federal act. (d)
That
The pesticide contains any substance or substances
in quantities
highly toxic to
man
human beings unless the label
bears, in
addition to other label requirements, all of the
following: (i) The skull and crossbones; (ii) The word
"poison" in red prominently displayed on a
background of distinctly contrasting color; (iii) A statement of an antidote or a practical or
emergency
medical treatment, first aid or otherwise, in case of
poisoning by
the pesticide. (e) It is contained in a package or other container or
wrapping that does not conform to the standard established by
the
administrator of the United States environmental protection
agency. (HH)
"Nematodes" means invertebrate animals of the phylum
nemathelminthes and class nematoda, which are unsegmented, round
worms with elongated, fusiform, or sac-like bodies covered with
cuticle, and that inhabit soil, water, plants, or plant parts and
also may be called nema or eel-worms. (II)
"Permit" means a certificate issued by the director of
agriculture
authorizing the purchase or use of a pesticide. (JJ)
"Pest" means a harmful, destructive, or nuisance
insect,
fungus, rodent, nematode, bacterium, bird, snail, weed,
or
parasitic plant or a harmful or destructive form of plant or
animal life or virus, or any plant or animal species that the
director declares to be a pest, except viruses, bacteria, or
other
microorganisms on or in living animals, including
man
human
beings.
(KK)(JJ)
"Pesticide" means any substance or mixture of
substances intended for
either of the following:
(1) Preventing, destroying, repelling, or mitigating any
pest; (2) Use as a plant regulator, defoliant, or desiccant.
"Pesticide" includes a pest monitoring system designated by
rule. (LL)(KK)
"Pesticide dealer" means any person who distributes
restricted use pesticides or pesticides
whose uses or distribution
are further restricted by the
director to the ultimate user or to
a commercial applicator who is employed by
that pesticide dealer.
(MM)(LL)
"Pesticide
application business" means
any location
that is used for the
purpose of engaging in the business of
applying
a person who
performs pesticide business activities.
(MM) "Pesticide business activities" means any of the
following: (1) The
application of pesticides to
the property of
another for hire, but does
not mean any location
that is used
exclusively to
perform
administrative or other
functions not
directly connected with the
storage, preparation,
handling, or
distribution of the pesticides
to be
applied; (2) The solicitation to apply
pesticides; (3) The conducting of authorized diagnostic inspections. (NN) "Pesticide business registered location" means a
location at which pesticide business activities are conducted and
that is registered through the issuance of a license to a
pesticide business under section 921.09 of the Revised Code. (OO) "Pesticide-use category" means a specialized field of
pesticide application or of diagnostic inspection as defined by
rule. (NN)(PP)
"Plant regulator" means any substance or mixture of
substances, intended, through physiological action, for
accelerating or retarding the growth or rate of maturation, or
for
otherwise altering the behavior of plants or the produce
thereof,
but
shall
does not include substances to the extent that they
are
intended as plant nutrients, trace elements, nutritional
chemicals, plant inoculants, or soil amendments.
(OO)(QQ)
"Product name" means a coined or specific
designation
applied to an individual pesticide of a fixed
combination and
derivation.
(PP)
"Public operator" means an individual who
himself
applies, or directly supervises the application of
pesticides by a
trained
serviceman,
while acting
as
an employee of the United
States government, a state,
county,
township, or municipal
governmental agency, or of a park district,
port authority, or
sanitary district created pursuant to Chapter
1545., 4582.,
or
6115. of the Revised Code.
(QQ)(RR)
"Registrant" means a person who has registered a
pesticide
pursuant to sections 921.01 to 921.29 of the Revised
Code
under this chapter.
(RR)(SS)
"Restricted use pesticide" means any pesticide or
pesticide use classified by the administrator of the United States
environmental protection agency for use only by a
certified
pesticide applicator or by an individual working under the direct
supervision of a
certified
pesticide applicator.
(SS)(TT) "Rule" means a rule adopted under section 921.16 of
the
Revised Code.
(UU)
"Sell or sale" means exchange of ownership or
transfer
of custody. (TT)(VV)
"State restricted use pesticide" means any pesticide
or
pesticides classified by the director subsequent to a hearing
held
in accordance with Chapter 119. of the Revised Code for use
only
by
certified
pesticide applicators or individuals working
under
their
direct
supervision.
(UU)(WW)
"Unreasonable adverse effects on the environment"
means
any unreasonable risk to
man
human beings or the
environment
taking into
account the economic, social, and environmental
benefits and
costs of the use of any pesticide.
(VV)(XX)
"Trained
serviceman
serviceperson" means
an employee
of
a
commercial applicator or
limited commercial applicator whom
the
commercial applicator or limited
commercial applicator has
instructed in the proper use of the equipment and
all pesticides
with which the
employee is to work
an employee of a pesticide
business, other business, agency of the United States government,
state agency, or political subdivision
who has been trained
to
apply pesticides while under the direct
supervision of a
commercial applicator.
(WW)(YY)
"Weed" means any plant that grows where not wanted.
(XX)(ZZ)
"Wildlife" means all living things that are neither
human, domesticated,
nor are
or pests,
including, but not limited
to,
mammals, birds, and aquatic life.
(YY)(AAA)
"Trade secret" and
"confidential business
information"
mean any
formula, plan, pattern, process, tool,
mechanism,
compound, procedure,
production date, or compilation of
information that is not patented, that is
known only to certain
individuals within a commercial concern, and that gives
its user
an opportunity to obtain
an
a business advantage over competitors
who
do not know or use it.
Sec. 921.02. (A)
Each
No person shall distribute a pesticide
that is distributed
within
this state
shall be
unless the
pesticide is registered with the director of
agriculture
subject
to
sections 921.01 to 921.29 of the Revised Code
under this
chapter.
Registrations shall be issued for a period of
time
established by
rule and shall be renewed in accordance with
deadlines
established
by rule. Registration is not required if a
pesticide is
shipped
from one
plant or warehouse to another plant
or warehouse operated
by the
same person and used solely at that
plant or warehouse as a
constituent part to make a pesticide that
is registered
under
sections 921.01 to 921.29 of the Revised Code
this chapter, or if the pesticide
is
distributed under the
provisions of an experimental use permit
issued under section
921.03 of the Revised Code or an experimental
use permit issued
by
the United States environmental protection
agency. (B) The applicant for registration of a pesticide shall
file
a statement with the director on a form provided by the
director,
which shall include all of the following: (1) The name and address of the applicant and the name and
address of the person whose name will appear on the label, if
other than the applicant's name; (2) The brand and product name of the pesticide; (3) Any necessary information required for completion of
the
department of agriculture's application for registration,
including the
agency registration number; (4) A complete copy of the labeling accompanying the
pesticide and a statement of all claims to be made for it,
including the directions for use and the use classification as
provided for in the federal act. (C) The director, when the director considers it necessary
in the
administration of
sections 921.01 to 921.29 of the Revised
Code
this chapter, may require
the submission of the
complete
formula of any
pesticide including the active and inert
ingredients. (D) The director may require a full description of the
tests
made and the results thereof upon which the claims are
based for
any pesticide. The director shall not consider any data submitted
in support of an
application, without permission of the applicant,
in support of any other application
for registration unless the
other applicant first has
offered to pay reasonable compensation
for producing the test
data to be relied upon and the data are not
protected from
disclosure by section 921.04 of the Revised Code.
In the case of
a renewal of registration, a statement shall be
required only
with respect to information that is different from
that
furnished when the pesticide was registered or last
registered. (E) The director may require any other information to be
submitted with an application. Any applicant may designate any portion of the required
registration information as a trade secret or confidential
business information. Upon receipt of any required registration
information designated as a trade secret or confidential business
information, the director shall consider the designated
information as confidential and shall not reveal or cause to be
revealed any such designated information without the consent of
the applicants, except to persons directly involved in the
registration process described in this section or as required by
law.
(F) Each applicant shall pay a registration and
inspection
fee
of fifty dollars per year
established by rule for each product
name and
brand
registered for the company whose name appears on
the label. If
an
applicant files for a renewal of
registration
after the deadline
established by rule, the
applicant shall pay a
penalty fee
of
twenty-five dollars
established by rule for each
product name and
brand
registered for
the applicant. The penalty
fee shall be
added to
the original fee
and paid before the renewal
registration is
issued. In addition
to any other remedy
available
under
sections
921.01 to 921.29 of
the Revised Code
this chapter,
if a pesticide
that is not
registered pursuant
to this section is
distributed
within this
state, the person
required to register the
pesticide
shall do so
and shall pay a
penalty fee
of twenty-five
dollars
established by rule for
each
product name and brand
registered for the applicant. The
penalty
fee shall be added to
the original fee and paid before the
registration is issued. (G) Provided that the state is
certified
authorized by the
administrator
of the United States environmental protection agency
to register
pesticides to meet special local needs, the director
shall
require the information set forth under divisions (B), (C),
(D),
and (E) of this section and shall register any such pesticide
after determining that all of the following conditions
are met: (1) Its composition is such as to warrant the proposed
claims for it. (2) Its labeling and other material required to be
submitted
comply with the requirements of the federal act and of
sections
921.01 to 921.29 of the Revised Code
this chapter, and rules
adopted
thereunder. (3) It will perform its intended function without
unreasonable adverse effects on the environment. (4) When used in accordance with widespread and commonly
recognized practice, it will not generally cause unreasonable
adverse effects on the environment. (5) The classification for general or restricted use is in
conformity with the federal act. The director shall not make any lack of essentiality a
criterion for denying the registration of any pesticide. When two
pesticides meet the requirements of
this division
(G) of this
section, the
director
shall not
register one in preference to the
other.
(H)(1) The director may refuse to register a pesticide if
the application for registration fails to comply with this
section. (2) The director may suspend or revoke a pesticide
registration after a hearing in accordance with Chapter 119. of
the Revised Code for a pesticide that fails to meet the claims
made for it on its label. (3) The director may immediately suspend a pesticide
registration, prior to a hearing, when the director believes that
the pesticide poses an immediate hazard to human or animal health
or a hazard to the environment. Not later than fifteen days after
suspending the registration, the director shall determine whether
the pesticide poses such a hazard. If the director determines
that no hazard exists, the director shall lift the suspension of
the registration. If the director determines that a hazard
exists, the director shall revoke the registration in accordance
with Chapter 119. of the Revised Code.
Sec. 921.06. (A)(1) No individual shall
act as or hold
oneself
out to the public as being a custom applicator
do any of
the following without
having a
custom
commercial applicator
license issued by the director of
agriculture.
The individual
shall obtain an additional license
for each
pesticide
application
business location for
which the
individual
is the commercial
applicator of record.
Licenses: (a) Apply
pesticides for a pesticide business without direct
supervision; (b) Apply pesticides as part of the individual's duties
while acting as an employee of the United States government, a
state, county, township, or municipal corporation, or a park
district, port authority, or sanitary district created under
Chapter 1545., 4582., or 6115. of the Revised Code, respectively; (c) Apply restricted use
pesticides. Division (A)(1)(c) of
this
section does not apply to a private applicator or an
immediate
family member or a subordinate employee of a private
applicator
who is acting under the direct supervision of that
private
applicator. (d) If the individual is the owner of a business other than
a pesticide business or an employee of such an owner, apply
pesticides at any of the following publicly accessible
sites that
are located on the property: (i) Food service operations as defined in section 3717.01 of
the Revised Code; (ii) Retail food establishments as defined in section
3717.01
of the Revised Code; (iii) Golf courses; (iv) Rental properties of more than four apartment units at
one location; (v) Hospitals or medical facilities as defined in section
3701.01 of the Revised Code; (vi) Child day-care centers or school child day-care centers
as defined in section 5104.01 of the Revised Code;
(vii) Facilities owned or operated by a school district
established under Chapter 3311. of the Revised Code, including an
education service center, a community school established under
Chapter 3314. of the Revised Code, or a chartered or
nonchartered
nonpublic school that meets minimum standards
established by the
state board of education; (viii) Wholesale food establishments as defined in section
3715.021 of the Revised Code;
(ix)
Any other site designated by rule.
(e) Conduct authorized diagnostic inspections.
(2) Divisions (A)(1)(a) to (d) of this section do not apply
to an individual who is acting as a trained serviceperson under
the direct supervision of a commercial applicator. (3) Licenses shall
be issued
for a period of time
established by
rule and shall
be
renewed in
accordance with
deadlines established
by rule.
The
fee
for each
such license
is
one
hundred dollars per
year to be
submitted with
the application
shall be established by
rule. If a license is not
issued or
renewed, the application fee
shall be retained by the
state as
payment for
the reasonable
expense of processing the
application.
The
director
shall by rule
classify by
categories
pesticide-use
category licenses to be
issued under this section.
A
single
license may include more than
one pesticide-use category.
No
individual shall be required to pay
an
additional license fee
if
the individual is licensed for more
than one
category, but
the
individual shall pay an
additional
license fee for each
pesticide
application
business location for
which the individual
is the
commercial applicator of record.
The fee for each license or renewal does not apply to an
applicant who is an employee of the department of agriculture. (B) Application for a
custom
commercial applicator license
shall be
made on a form prescribed by the director. Each
application for
a
license shall state the
license
pesticide-use
category or categories
of license for which
the applicant
is
applying and other information that the director
determines
essential to the administration of
sections 921.01 to
921.29 of
the Revised Code
this chapter. (C) If the director finds that the applicant is
qualified
competent to
apply
pesticides
and conduct diagnostic inspections
and that the applicant has passed
both the general examination and
each applicable pesticide-use
category examination as required
under division (A) of section
921.12 of the Revised Code, the
director shall issue a
custom
commercial applicator
license
limited to the
pesticide-use
category or categories for which the
applicant is
qualified.
Custom applicators, upon obtaining a valid
license
under this
section, are certified applicators for the
purpose of
applying or
directly supervising the use of restricted
use
pesticides
pertinent to their respective categories
found to
be competent.
If
the director rejects an application, the director
may explain
why
the application was rejected, describe the
additional
requirements
necessary for the applicant to obtain a
license, and
return the
application. The applicant may resubmit
the
application without
payment of any additional fee. (D)(1) A person who is a commercial applicator shall be
deemed
to hold a private applicator's license for purposes of
applying
pesticides on agricultural commodities that are produced
by the
commercial applicator.
(2) A commercial applicator shall apply pesticides only in
the pesticide-use category or categories in which the applicator
is licensed under this chapter.
Sec. 921.22
921.08. Nonresident
custom applicators, custom
operators, public operators, and limited commercial applicators,
and nonresident private applicators who are licensed in another
state having a state plan approved by
the
United States
environmental protection agency to operate
in
certain
pesticide-use categories
may be issued a license by the
director
of agriculture covering
the same categories in this state
without
a
categorical
pesticide-use category examination.
However,
such
nonresidents may be required to
demonstrate their
knowledge
of
the
laws
this chapter and rules
of this state
adopted
under it
by
submitting themselves to an examination covering
such
laws
this
chapter and
those rules
contained and promulgated under
this
chapter. A
nonresident custom operator can be licensed in
this
state only if
his supervisor or employer is
also licensed in
this
state.
Private applicators
certified
in another
state may
operate
in
Ohio
as do resident private
applicators
without also being
certified
in
Ohio, except
that they may be required to
demonstrate their
knowledge of
the
laws
and rules
of this state.
Licenses
or certificates issued pursuant
to this
section may be
suspended or revoked in the same manner as
other
licenses
or
certificates
issued pursuant to this chapter, or
upon
suspension
or
revocation of the license
or certificate of
another
state or
the
federal government supporting the issuance of
an Ohio
a
license
or
certificate
issued under this section.
Sec. 921.021
921.09. (A)(1) No person shall own or operate
a
pesticide
application business without obtaining a license
for
each location owned or operated by the person in the state
from
the
director of agriculture.
Licenses shall be issued for a
period of time established by rule and shall
be renewed in
accordance with deadlines established by rule. (2) A person applying for a pesticide business license shall
register each location that is owned by the person and used for
the purpose of engaging in the pesticide business. (B) Any person who owns or operates a pesticide
application
business outside of this state, but engages in the
business of
applying pesticides to properties of another for hire
in this
state, shall obtain a license for the person's
principal
out-of-state location from the director.
In addition, the person
shall register each location that is owned by the person in this
state and used for the purpose of engaging in the pesticide
business. (C)(1) The person applying for a pesticide
application
business
license shall file a statement with the director, on a
form
provided by the director, that shall include
any
all of the
following: (a) The address of the principal place of business of the
pesticide business; (b) The address of each location that the person
intends to
register under division (A)(2) or (B) of this section; (c) Any other
information that
the director determines
necessary and that the
director
requires
by rule.
Each (2) Each applicant shall pay a license
fee
of twenty
dollars
per year for each pesticide application business
license
the
applicant is required to obtain
established by rule for the
pesticide business plus an additional fee
established by rule for
each pesticide business registered location specified in the
application. The license may be renewed upon payment of a renewal
fee established by rule plus an additional fee established by rule
for each pesticide business registered location. A copy of
the
license shall be maintained and conspicuously displayed at
each
such location. (3) The issuance of a pesticide business license constitutes
registration of any pesticide business location identified in the
application under division (C)(1) of this section. (4) The owner or operator of a pesticide business shall
notify
the director not later than fifteen days after any change
occurs in the information required under
division (C)(1)(a) or (b)
of
this section. (D) The owner or operator of a pesticide
application
business shall employ at least one
licensed custom
commercial
applicator for
each pesticide
application business
registered
location the owner or
operator owns or operates. (E) The owner or operator of a pesticide
application
business is responsible for the acts of each employee in the
handling, application, and use of pesticides
and in the conducting
of diagnostic inspections. The pesticide
application business
license is subject to denial,
modification, suspension, or
revocation after a hearing for any violation of
this chapter
or
any rule adopted or order issued under it. The
director
may levy
against the owner or operator any civil
penalties
authorized by
division (B) of section 921.16 of the
Revised Code
for any
violation of
this chapter or any rule
adopted or order issued
under it that is committed
by
the owner or
operator or
by the
owner's or
operator's officer, employee, or
agent.
(F)
The director may modify a license issued under this
section by one of the following methods: (1) Revoking a licensee's authority to operate out of a
particular pesticide business registered location listed under
division (C)(1)(b) of this
section; (2) Preventing a licensee from operating within a
specific
pesticide-use category. (G) The director may deny a pesticide
application business
license to any
current owner, operator, officer, or agent
person
whose
pesticide
application business license has been revoked
within
the
previous thirty-six months. (G) The director shall adopt any rules necessary to
administer and enforce this section
(H) Each pesticide business
registered location that is
owned by a pesticide business is
subject to inspection by the
director.
Sec. 921.10. (A) The director of agriculture shall not
issue a pesticide
application business license until the
applicant has submitted to the director an
effective
liability
insurance policy or such other evidence of financial
responsibility
as the director determines necessary. The director
shall establish by rule,
in accordance with Chapter 119. of the
Revised Code, the amount and condition
of such liability
insurance or other evidence of
financial
responsibility required.
Such requirements shall be based upon the
category
and operation
of the applicant
pesticide-use categories in which commercial
applicators are licensed to apply pesticides for the pesticide
business. (B)
Should the evidence of financial responsibility expire
without renewal
prior to the expiration of the license, the
license of the pesticide
application business
is automatically
suspended. (C) Should the evidence of financial responsibility
furnished become
unsatisfactory, the pesticide
application
business shall upon notice immediately execute
evidence of
financial responsibility meeting the requirements of this section
or applicable rules, and should the
pesticide
application
business fail to do so,
the director shall suspend the pesticide
application
business's
license and give the business notice of
such
suspension.
(D)(C) The licensee to whom a suspension order is issued
shall
be afforded a
hearing in accordance with Chapter 119. of the
Revised Code, after which the
director shall reinstate or revoke
the suspended license.
(E)(D) Nothing in this chapter shall be construed to relieve
any person from
liability for any damage to the person or lands of
another caused by the use
of pesticides even though such use
conforms to the rules.
Sec. 921.11. (A)(1) No individual shall apply restricted
use pesticides unless the individual is one of the following: (a) Licensed under section 921.06, 921.07, 921.08, or
921.12
of the Revised Code; (b)
A private applicator certified
Licensed under division
(B) of
this section; (c) A
trained
serviceman
serviceperson who is acting
under
the
direct
supervision of a
commerical
commercial applicator
or
limited
commercial
applicator; (d) An
employee or immediate family member
or a subordinate
employee of a
certified
private applicator who is acting under the
direct supervision of
that private applicator. (2) No individual shall directly supervise the application
of a
"restricted use pesticide" unless
he
the individual is one
of
the
following: (a) Licensed under section 921.06, 921.07, 921.08, or
921.12
of the Revised Code; (b)
A private applicator certified
Licensed under division
(B) of
this section. (B) The director of agriculture shall adopt rules to
establish standards
and procedures for the
certification
licensure
of private
applicators.
An individual shall apply for
certification as a
private
applicator
license to the director, on
forms prescribed by
the director.
The individual shall include in
the application the pesticide-use category or categories of the
license for which the individual is applying and any other
information that the director determines is essential to the
administration of this chapter. The fee for each
certification is
thirty
dollars and the
certification
license shall be established
by rule. Licenses shall be issued for a period
is
three years
of
time established by rule and shall be renewed in
accordance with
deadlines established by rule. If a
certification
license is not
issued or renewed, the state shall
retain any fee
submitted as
payment for reasonable expenses of
processing the
application. (C) An individual who is licensed under this section shall
use or directly supervise the use of a restricted use pesticide
only for the purpose of producing agricultural commodities on
property that is owned or rented by the individual or the
individual's employer.
Sec. 921.09
921.12. (A) The director
of agriculture shall
require each applicant
for a license
under
sections
section
921.06,
921.07, 921.08, and
921.12
or 921.11 of
the Revised Code
to be
examined on the applicant's knowledge and
competency in
the
each
of the following: (1) This chapter and rules adopted under it; (2) The proper use, handling, and
application of
pesticides
and, if the applicant is applying for a license under section
921.06 of the Revised Code, in the conducting of diagnostic
inspections in the
pesticide-use categories for which the
applicant has
applied. (B) Each application for renewal of a license provided for
in section 921.06,
921.07, 921.08, or 921.12 of the Revised Code,
shall be filed prior to the
deadline established by rule. If
filed
thereafter
after the deadline, a penalty of fifty per
cent
shall be assessed
the custom applicator and the custom operator
and added
to the
original fee and shall be paid by the applicant
before the renewal
license is issued. However, if a license
or
certification
issued
under
section 921.06, 921.07, 921.08, or
921.12 of the Revised
Code is not renewed
within one year of the
date of expiration,
then such
the licensee
or
certificate
holder
shall be required to take
another examination
on this chapter and
rules adopted under it and on the proper use, handling, and
application of pesticides and the proper conducting of diagnostic
inspections in the pesticide-use categories for
which the licensee
has been licensed. (C)
A person who fails to pass an examination under division
(A) or (B) of this section is not entitled to an adjudication
under Chapter 119. of the Revised Code for that failure. (D) The holder of a
custom applicator license, custom
operator license,
limited commercial applicator license, or public
operator license may renew
such
the license within one year of
the
date of
expiration without re-examination
unless the director
determines
that a new examination is necessary to insure
that the
holder
continues to meet the requirements
of changing technology
and to
assure a continuing level of competence and ability to use
pesticides safely
and properly. (D)(E) The director shall determine when re-examination for
recertification of
the renewal of licenses for private applicators
is required to insure that
private applicators continue to
meet
the requirements of changing
technology and to assure a continuing
level
of competence and
ability to use pesticides safely and
properly.
(F) Instead of requiring a commercial applicator or private
applicator to complete re-examination successfully under division
(D) or (E) of this section, the director may require, in
accordance with criteria established by rule, the commercial
applicator or private applicator to participate in training
programs that are designed to foster knowledge of new technology
and to ensure a continuing level of competence and ability to use
pesticides safely and properly. The director or the director's
representative may provide the training or may authorize a third
party to do so. In order for such authorization to occur, the
third party and its training program shall comply with standards
and requirements established by rule.
Sec. 921.13. (A) Any person who is acting in the capacity
of a
pesticide dealer or who advertises or assumes to act as a
pesticide dealer at
any time shall obtain a pesticide dealer
license from the director
of agriculture.
Licenses shall be
issued for a period of time established by rule and shall
be
renewed in accordance with deadlines established by rule.
A
license is required for each
location or outlet within this state
from which the person distributes
pesticides. Any pesticide dealer who has no pesticide dealer outlets in
this state and who distributes restricted use pesticides
directly
into this state shall obtain a pesticide dealer license
from the
director for the pesticide dealer's principal
out-of-state
location or outlet and for each sales person operating in the
state. The applicant shall include a
twenty-five dollar license fee
established by rule with
the application for a license. The
application shall be
made on a form
prescribed
by the director. Each pesticide dealer shall submit records to the director of
all of the
restricted use pesticides the pesticide dealer has
distributed, as specified by the director, and duplicate records
shall be
retained by the pesticide dealer for a period of time
established by rules. (B) This section does not apply
to a custom applicator
who
exclusively sells pesticides only as an integral part of the
custom applicator's pesticide
application business when the
pesticides are dispensed only
through equipment used for the
pesticide application or to any
federal, state, county, or
municipal agency that provides
pesticides for its own programs. (C) Each licensed pesticide dealer is responsible
for the
acts of each employee in the solicitation
and sale of pesticides
and all claims and recommendations for use
of pesticides. The
pesticide dealer's license is subject to denial,
suspension, or
revocation after a hearing for any violation of
sections 921.01 to
921.29 of the Revised Code
this chapter whether committed by the
pesticide
dealer or by the pesticide dealer's
officer, agent, or
employee.
Sec. 921.14. (A) Each
licensed custom applicator, limited
commercial applicator, and public operator shall
keep
a
record of
all
both of the following: (1) All diagnostic inspections conducted to determine
infestations of pests as required by rules adopted under division
(C) of section 921.16 of the Revised Code; (2) All pesticide applications made by
him
the applicator
and by any trained serviceperson acting under the applicator's
direct supervision
as required by rules
adopted under division (C)
of section 921.16
of the Revised Code
and maintain that record. Each commercial
applicator shall submit copies of the records
required under
division (A) of this section to the pesticide
business, other
business, state agency, or political subdivision
that employs the
commercial applicator. (B) Each pesticide business, other business, state agency,
or political subdivision that receives copies of records under
division (A) of this section shall retain them for a period of
three years from the
date
of the pesticide application to which
that record refers
or
for any longer period that the director
of
agriculture determines
necessary
time established by rule. (C) Each
certified private applicator shall keep a record of
all restricted use pesticide applications made by
him
the
applicator or under
his
the applicator's direct supervision as
required by
rules adopted under
division (C) of section 921.16 of
the Revised Code
and. In addition, each private applicator shall
maintain
that
the record for a period of three years from the date
of the
restricted use pesticide application to which that record
refers
or for any longer period that the director
of agriculture
determines
necessary. Each licensed custom applicator or custom operator shall
keep
a record of all diagnostic inspections to determine
infestations
of pests and of all pest control services as
required by rules
adopted under division (C) of section 921.16 of
the Revised Code,
and maintain that record for a period of three
years from the date
of the inspection to which that record refers
or for any longer
period that the director determines necessary.
Sec. 921.16. (A) The director of agriculture shall adopt
rules the director determines necessary for the effective
enforcement and
administration of
sections 921.01 to 921.29 of the
Revised Code
this chapter.
The rules may relate to, but are not
limited to, the
time, place, manner, and
methods
of application,
materials, and
amounts and concentrations of
application of
pesticides, may
restrict or prohibit the use of
pesticides in
designated areas
during specified periods of time,
and shall
encompass all
reasonable factors that the director
determines
necessary to
minimize or prevent damage to the
environment. In
addition, the
rules shall establish the
fees, deadlines, and time
periods for
registration
and, registration renewal, late
registration renewal, and failure to register under section
921.02
of the
Revised Code,
and the
fees, deadlines, and time
periods for
licensure and
license renewal under
sections
921.021,
921.06,
921.07, 921.08,
921.12
921.09,
921.11, and 921.13 of the Revised
Code, and the
deadlines for
certification under section 921.11 of
the Revised Code. The aggregate amount of the fees that initially
are established by rule after the effective date of this amendment
shall be designed to cover, but not exceed, the costs incurred by
the department of agriculture in administering this chapter.
Thereafter, the fees shall not be increased without the approval
of the general assembly. (B) The director shall adopt rules that establish a schedule
of
civil penalties for violations of
sections 921.01 to 921.29 of
the Revised Code
this chapter, or any rule or order adopted or
issued under
those sections
it, provided that the civil penalty
for a first
violation shall not exceed five thousand dollars and
the civil
penalty for each subsequent violation shall not exceed
ten
thousand dollars. In determining the amount of a civil
penalty
for a violation, the director shall consider factors
relevant to
the severity of the violation, including past
violations and the
amount of actual or potential damage to the
environment or to
human beings. (C) The director shall adopt rules that set forth the
conditions under
which the director: (1) Requires that notice or posting be given of a proposed
application of a pesticide; (2)
Requires a permit to apply a restricted use pesticide; (3) Requires inspection, condemnation, or repair of
equipment used to apply a pesticide;
(4)(3) Will suspend, revoke, or refuse to issue any
pesticide
registration for a violation of
sections 921.01 to
921.29 of
the
Revised Code
this chapter;
(5)(4) Requires safe handling, transportation, storage,
display, distribution, and disposal of pesticides and their
containers;
(6)(5) Ensures the protection of the health and safety of
agricultural workers
storing, handling, or applying pesticides,
and all residents of
agricultural labor camps, as that term is
defined in section
3733.41 of the Revised Code, who are living or
working in the
vicinity of pesticide-treated areas;
(7)(6) Requires a record to be kept of all pesticide
applications made by each
licensed custom applicator, limited
commercial applicator, and public operator
and by any trained
serviceperson acting under the commercial applicator's direct
supervision and of all restricted
use pesticide applications made
by each
certified private
applicator
and by any immediate family
member or subordinate employee of that private applicator who is
acting under the private applicator's direct supervision as
required under section
921.14 of the Revised Code;
(8)(7) Determines
those
the pesticide-use categories of
applicators who
conduct
diagnostic inspections that must be
conducted by a commercial applicator;
(8) Requires a record to be kept of all diagnostic
inspections
or
who offer pest control services that
must be
performed
conducted by
a
certified
each commercial applicator
and
for
which written records
are required
and by any trained service
person. (D)
The director shall prescribe standards for the
certification
licensure of
applicators of pesticides consistent
with those
prescribed by the federal act
and the regulations
adopted
thereunder
under it or prescribe standards that are more
restrictive than those prescribed by the federal act and the
regulations adopted under it. The standards may relate to the use
and handling of
pesticides or to the use
and handling of
the
a
pesticide or
class of
pesticide uses covered by the individual's
certification, and
shall
relate to the hazards involved and the
use experience
to an individual's pesticide-use category. The director shall take into consideration standards of the
United States
environmental protection agency. (E) The director may adopt rules setting forth the
conditions under
which the director will: (1) Collect and examine samples of pesticides or devices; (2) Specify classes of devices that shall be subject to
this chapter; (3) Prescribe other necessary registration information. (F) The director may adopt rules
to designate
that do either
or both of the following: (1) Designate, in
addition
to those
restricted uses so
classified by the
administrator of the
United States environmental
protection
agency, restricted uses of
pesticides
for the state or
for
designated areas within the state
and, if
the director
considers
it necessary, to further restrict
such use; (2) Define what constitutes "acting under the instructions
and control of a commercial applicator" as used in the definition
of "direct supervision" in division (Q)(1) of section 921.01 of
the Revised Code. In adopting a rule under division (F)(2) of
this section, the director shall consider the factors associated
with the use of pesticide in the various pesticide-use categories.
Based on consideration of the factors, the director may define
"acting under the instructions and control of a commercial
applicator" to include communications between a commercial
applicator and a trained serviceperson that are conducted via
landline telephone or a means of wireless communication. Any
rules adopted under division (F)(2) of this section shall be
drafted in consultation with representatives of the pesticide
industry. (G)
The
Except as provided in division (D) of this section,
the director shall not adopt any rule under
sections
921.01 to
921.29 of
the Revised Code
this chapter that
meets
either of the
following: (1) Permits any pesticide use that is prohibited by the
federal act and
regulations
or orders issued thereunder; (2) As to
certified
applicators of restricted use
pesticides
as designated
under the
federal act, and rules adopted
as to
experimental use permits as
authorized by the federal act,
is
inconsistent with the
requirements of the federal act and
regulations
adopted thereunder.
(H) The director, after notice and opportunity for
hearing,
may declare as a pest any form of plant or
animal life,
other than
human beings and other than
bacteria, viruses, and
other
microorganisms on or in living human beings or other
living
animals,
that is injurious to health or the environment. (I) The director may make reports to the
United States
environmental
protection agency, in the form and containing the
information the
agency may require. (J) The director shall adopt rules for the
application,
use, storage, and
disposal of pesticides if, in the director's
judgment,
existing programs of the United
States environmental
protection agency, necessitate such rules or pesticide
labels do
not sufficiently address issues or situations identified by the
department of agriculture or interested state agencies.
The
director may
develop and enter into cooperative agreements with
other
state agencies for
the purpose of developing and
implementing
voluntary or mandatory
pesticide management plans
that
are designed to prevent unreasonable adverse effects on
human
health and the environment. (K)
The director shall adopt rules establishing all of the
following: (1) Standards, requirements, and procedures for the
examination and re-examination of commercial applicators and
private applicators;
(2) With respect to training programs that the director may
require commercial applicators and private applicators to
complete:
(a) Standards and requirements that a training program must
satisfy in order to be offered by the director or the director's
representative or in order to be approved by the director if a
third party wishes to offer it;
(b) Eligibility standards and requirements that must be
satisfied by third parties who wish to provide the training
programs;
(c) Procedures that third parties must follow in order to
submit a proposed training program to the director for approval;
(d) Criteria that the director must consider when
determining whether to authorize a commercial applicator or
private applicator to participate in a training program instead of
being required to pass a re-examination.
(3) Training
requirements for a trained serviceperson.
(L) The director shall adopt all rules under
sections
921.01
to 921.29 of the
Revised Code
this chapter in accordance
with
Chapter 119. of
the Revised Code.
Sec. 921.18. (A) The director of agriculture may: (1)
Enter upon
In order to determine compliance with this
chapter and rules adopted under it, enter any public or private
premises or transport
vehicles during regular business hours
in
order to have access to
do any or all of the following: (a) Inspect and copy books,
accounts,
pesticide application
records,
contracts related to pesticide business activities, and
memoranda, pesticides, or devices,
subject to
the
sections of the
law
and the rules
thereunder for
the purpose of
determining
pesticide
applications, the financial responsibility
of the
applicator,
the
documents; (b) Inspect the storage or disposal of
pesticides;
also, to
inspect (c) Inspect and sample pesticides in storage or
in use,
the
disposal of pesticides, to inspect; (d) Inspect equipment or
devices used
to apply pesticides,
and to make copies of records
in conformity
therewith;
(e) Inspect storage facilities and sites; (f) Inspect production areas of persons that manufacture
pesticides for commercial purposes. (2) Enter upon any public or private premises at any time,
when or where pesticides are being applied to determine if the
applicator is or should be
certified or licensed,
or if proper
notice has been given before pesticide application,
and to
collect
samples of pesticides being applied or available for use,
and to
inspect equipment or devices used to apply pesticides; (3) Enter upon any public or private premises at
reasonable
hours to inspect any property thereon,
or to collect
samples of
vegetation or animal life, water, soil, or other
matter, in order
to determine residue levels, efficacy of
application, or adverse
effects of application, drift, or
spillage; (4) Should the director be denied access to any premises
where such access is sought for the purposes set forth in this
section,
he may apply to any court of competent
jurisdiction for
a
search warrant authorizing access to such land for
said
those
purposes. The court may, upon such application, issue the search
warrant for the purposes requested. (B) When the director or
his
the director's authorized agent
observes, or
has reasonable cause to believe that a piece of
equipment used by
a
custom
commercial applicator
or operator, a
private applicator, or any other individual requires calibration,
adjustment,
or repair to enable it to
perform satisfactorily,
he
the
director may require
such
adjustment to be made immediately or
issue a "stop
operation"
order pending repair to the equipment and
he
the
director may
require a demonstration of it before
cancellation or withdrawal
of
the stop operation order. (C) The director
or the director's authorized agent may: (1) Issue an order to the owner or custodian of any lot of
pesticide or a device requiring it to be held at a designated
place when the director
or the director's authorized agent has
reasonable cause to believe that the
pesticide or device has been
distributed, stored, transported, or
used in violation of
sections
921.01 to 921.29 of the Revised
Code
this chapter, or any rule
adopted thereunder. The pesticide or
device
shall be held until a
release in writing is issued by the
director, the director's
authorized agent, or
by a court order. No release shall be issued
until
sections 921.01 to 921.29 of the Revised Code,
this chapter
and
the rules
adopted thereunder are complied with. (2) If the owner or custodian is not available for service
of the order upon
him
the owner or custodian,
the director may
attach the order to the
pesticide or device and notify the owner
or custodian, and the
registrant. (D)(1) The director shall establish standards governing the
development and implementation of integrated pest management
practices that are designed to prevent unreasonable adverse
effects on human health and the environment.
(2) The director may enter into cooperative agreements
with other state agencies for the implementation of voluntary or
mandatory integrated pest management practices.
Sec. 921.08
921.19.
(A) Every state agency, municipal
corporation,
and
every other governmental agency and political
subdivision is
subject to
sections 921.01 to 921.29 of the
Revised
Code
this chapter and the
rules adopted thereunder with respect to
the
application, handling, and use of
pesticides. (B) No individual shall act as a public operator without
having a public operator license issued by the director of
agriculture.
Licenses shall be issued for a period of time
established by rule and shall
be renewed in accordance with
deadlines established by rule.
The
director shall by rule
classify, by categories, licenses to be
issued under this section.
(C) An individual shall apply to the director for a public
operator license
on a form prescribed by the director. Each
application for
a license shall state the license category or
categories for which the
applicant is applying, and any other
information that the director determines
essential to the
administration of sections 921.01 to 921.29 of
the Revised Code.
(D) After finding that the applicant is
qualified, upon
payment of a
twenty-dollar license fee per year, the
director
shall issue
a public operator license, limited to the category for
which the
applicant is qualified. The license and renewal
fee
does
not apply to any applicant who is an employee of the
department of
agriculture. If a license is not issued or
renewed, the fee submitted shall be retained by the state as
payment for reasonable expenses of processing the application.
Public
operators, upon obtaining a valid license under this
section, are certified applicators for the purpose of applying or
directly
supervising the use of restricted use pesticides
pertinent to
their respective categories
Each state agency,
municipal corporation, and other governmental agency and
political subdivision is responsible for the acts of each of its
employees in the application, handling, and use of pesticides.
Sec. 921.151
921.22. The pesticide program fund is hereby
created in the state
treasury. All money in the fund shall be
used to carry out the purposes of
this chapter. The fund shall
consist of fees collected under sections 921.01
to 921.15 of the
Revised Code and all fines, penalties, costs, and damages,
except
court costs,
which
that are collected by either the director of
agriculture
or the attorney general in consequence of any
violation of
sections 921.01 to
921.29 of the Revised Code. Not
later than the thirtieth day of June of each
year, the director of
budget and management shall determine whether the amount
credited
to the pesticide program fund is in excess of the amount necessary
to
meet the expenses of the director of agriculture in
administering this chapter
and shall transfer any excess from the
pesticide program fund to the general
revenue fund
this chapter.
Sec. 921.24
921.23. The director of agriculture may suspend,
pending inquiry
prior to a hearing, for
not longer than ten days,
and, after the
opportunity for hearing, may deny,
suspend, revoke,
refuse to
renew, or modify any provision of any license,
permit,
or
certification
registration issued pursuant to this chapter if
he
the
director
finds that the
applicant or the holder of a
license,
permit, or
certificate
registration is no longer
qualified, has violated any provision of
this chapter or rules
adopted under
it, has been found guilty of
violating the
Federal
Insecticide, Fungicide and
Rodenticide Act
federal act, or has
been convicted of a misdemeanor involving
moral
turpitude or of a
felony.
Sec. 921.25
921.24.
It is unlawful for any
No person
to
shall do any
of the following: (A) Apply, use, directly supervise such application or use,
or
recommend a pesticide for use inconsistent with
its
the
pesticide's labeling,
treatment
standards, or
other restrictions
imposed by the director
of agriculture; (B)
Except as provided in division (C) of this section, use
any pesticide
Act as a commercial applicator without being
licensed
or certified to do so
or being a trained
serviceman under
the direct supervision of a commercial applicator or limited
commercial
applicator; (C) Use any restricted use pesticide, unless
certified
the
person is licensed to do so,
acting as a
trained serviceman under
the direct supervision of
a commercial applicator or
limited
commercial applicator,
is a trained serviceperson acting under the
direct supervision of a commercial applicator, or
acting as
is an
employee or immediate
family
member
or a subordinate employee of a
private applicator
under the direct supervision of that private
applicator; (D) Refuse or fail to keep
and
or maintain records
required
by the director in rules
he adopts
adopted under
sections 921.01
to 921.29 of
the Revised Code
this chapter, or to make reports
when and as required by the director
in rules
he adopts
adopted
under
sections 921.01 to 921.29
of the Revised Code
this chapter; (E) Falsely or fraudulently represent the effect of
pesticides or methods to be utilized; (F) Apply known ineffective or improper materials; (G) Operate in a negligent manner, which includes the
operation of faulty or
unsafe equipment; (H) Impersonate any federal, state, county, or municipal
official; (I) Make false or fraudulent records, invoices, or
reports; (J)
Directly supervise the
use
of any
restricted
use
pesticide on
the property of another without having a
certified
applicator in
Fail to provide training to trained servicepersons
in the application of pesticides; (K) Fail to provide direct supervision
as specified in
rules
adopted under division (C) of section 921.16 of the Revised Code; (K)
Directly supervise the use of any general use pesticide
on the property
of another without having a licensed applicator in
direct supervision
(L) Distribute a misbranded or adulterated pesticide; (L)(M) Use fraud or misrepresentation in making
application
for
a license
or
certificate
registration or renewal of a license
or
certificate
registration;
(M)(N) Refuse, fail, or neglect to comply with any
limitation
or restriction of a license
or registration issued
pursuant to
sections 921.01 to
921.29 of the Revised Code
under
this chapter or rules adopted
thereunder;
(N)(O) Aid or abet a licensee or another person in violating
sections 921.01 to
921.29 of the Revised Code
this chapter or
rules adopted
thereunder;
(O)(P) Make a false or misleading statement in an
inspection
concerning any infestation of pests or the use of
pesticides;
(P)(Q) Refuse or fail to comply with
sections 921.01 to
921.29
of the Revised Code
this chapter, the rules adopted
thereunder, or
with
any lawful order of the director;
(Q)(R) Distribute restricted use pesticides
to the
ultimate
user
or to an employee who is a commercial applicator at any time
without a pesticide dealer's license
or;
(S) Except as provided in division (F) of section 921.26 of
the Revised Code, distribute restricted use pesticides to an
ultimate user
who is
not
a
certified
applicator licensed under
sections
921.01
to
921.29
section 921.06, 921.08, or 921.11 of the
Revised
Code
and rules
adopted
thereunder
under this chapter; (R)(T) Use any pesticide that is under an experimental
use
permit contrary to the provisions of
such
the permit;
(S)(U) Engage in fraudulent business practices
in the
application of pesticides,
when licensed as a
custom
applicator;
(T)(V) Dispose of any pesticide product or container in
such
a
manner as to have unreasonable adverse effects on the
environment;
(U)(W) Display any pesticide in any manner to produce
unreasonable adverse effects on the environment, or to
contaminate
adjacent food, feed, or other products;
(V)(X) Apply any pesticide by aircraft without being
licensed
as a commercial
applicator;
(Y) Distribute a pesticide that is not registered with the
director; (Z) Fail to properly supervise a trained serviceperson.
Sec. 921.26
921.25. (A)(1) Whenever the director
of
agriculture has cause to
believe that any person has violated, or
is violating,
sections
921.01 to 921.29 of the Revised Code,
this
chapter or any rule or order
adopted or issued under
those
sections
it,
he
the director may
conduct a hearing
which shall be
in accordance with Chapter 119. of the Revised
Code to determine
whether a violation has occurred.
The
Except as otherwise provided
in division (A)(3) of this section, the director
shall assess a
civil penalty against any person who violates
sections 921.01 to
921.29 of the Revised Code,
this chapter or any rule or
order
adopted or issued under
those sections,
it in accordance with
the
schedule of civil penalties established
in rules adopted under
division
(A)(B) of
section 921.16 of the Revised Code. Each day a
violation
continues constitutes a separate and distinct violation. (2)
In addition, the director may assess a civil penalty
against any employer of a person who violates sections 921.01 to
921.29 of the Revised Code, or any rule or order adopted or
issued
under those sections, for the same violation for which he
fines
the employee, if one of the following applies: (a) With prior knowledge of the employee's act or omission
which constitutes the violation, the employer authorizes,
approves, or otherwise actively participates in the act or
omission;
(b) After the occurrence of the employee's act or omission
that constitutes the violation, the employer, with full knowledge
of the act or omission, ratifies it;
(c) The employer had knowledge that the act or omission of
the employee that constitutes the violation would occur
to
assessing a civil penalty under division (A)(1) of this section,
the director may deny, modify, suspend, revoke, or refuse to renew
a license, permit, or registration issued under this chapter.
(3) The civil
penalty authorized under division (A)(1) of
this section may be
assessed against the employer of a person
who
violates this
chapter or any rule adopted or order issued
under it
rather than
against the person. Divisions (A)(1)
and, (2), and (3) of this section do not
affect, and
shall not be construed as affecting, any other civil
or criminal
liability of the employee or the employer that may
arise in
consequence of the employer's or the employee's violation
of this
chapter or any other law. (3)(4) If the
person or employer
or employee does not pay a
civil
penalty within a reasonable time after its assessment, the
attorney general, upon the request of the director, shall bring a
civil action to recover the amount of the penalty.
(B)(1) In lieu of conducting a hearing under division (A)
of
this section, the director may refer the violation to the
attorney
general who, except as otherwise provided in division (B)(2) of
this section, may bring a civil action against any person
who
violates
sections 921.01 to 921.29 of the Revised Code,
this
chapter or
any rule or order adopted or issued under
those
sections
it. If the
court determines that a violation has
occurred, the court shall
order the person to pay a civil penalty
for each violation, not
to exceed five thousand dollars for a
first violation and not to
exceed ten thousand dollars for each
subsequent violation. Each
day a violation continues
shall
constitute
constitutes a separate and
distinct violation. (2)
If the director refers a violation to the attorney
general under division (B)(1) of this section, the attorney
general, in addition, may bring a civil action against any
employer of a person who violates sections 921.01 to 921.29 of
the
Revised Code, or any rule or order adopted or issued under
those
sections. The court shall order the employer to pay a
civil
penalty for the same violation for which the court orders
the
employee to pay a civil penalty, if one of the following
applies: (a) With prior knowledge of the employee's act or omission
which constitutes the violation, the employer authorizes,
approves, or otherwise actively participates in the act or
omission;
(b) After the occurrence of the employee's act or omission
that constitutes the violation, the employer, with full knowledge
of the act or omission, ratifies it;
(c) The employer had knowledge that the act or omission of
the employee that constitutes the violation would occur
The civil
action authorized under division (B)(1) of this section may be
brought against the employer of a person who violates this chapter
or any rule adopted or order issued under it rather than against
the person.
Divisions (B)(1) and (2) of this section do not affect, and
shall not be construed as affecting, any other civil or criminal
liability of the employee or the employer
which
that may arise in
consequence of the employer's or employee's violation of this
chapter or any other law. (C) In addition to the remedies provided and irrespective
of
whether or not there exists an adequate remedy at law, the
director may apply to the court of common pleas for a temporary
or
permanent injunction or other appropriate relief against
continued
violation of
sections 921.01 to 921.29 of the Revised
Code
this
chapter. (D) The remedies available to the director and to the
attorney general under
sections 921.01 to 921.29 of the Revised
Code
this chapter are cumulative and concurrent, and the exercise
of one
remedy by either the director or the attorney general, or
by
both, does not preclude or require the exercise of any other
remedy by the director, the attorney general, or a prosecutor as
defined in section 2935.01 of the Revised Code, except that no
person shall pay both a civil penalty under division (A) of this
section and a civil penalty under division (B) of this section
for
the same violation. (E) If a person violates this chapter or rules adopted under
it, both of the following apply: (1) The person is liable for the violation. (2) The employer of the person is liable for and may be
convicted of the violation if the person was acting on behalf of
the employer and was acting within the scope of the person's
employment.
Sec. 921.23
921.26. (A) The penalties provided for
violations of
sections 921.01 to 921.29 of the Revised Code
this
chapter do not apply to any of the
following: (1) Any carrier while lawfully engaged in transporting a
pesticide or device within this state, if that carrier, upon
request, permits the director of agriculture to copy all records
showing the transactions in the movement of the pesticides or
devices; (2) Public officials of this state and the federal
government, other than
public operators
commercial applicators
employed by the federal government, the state, or a political
subdivision, while engaged in the
performance of their official
duties in administering state or
federal pesticide laws or rules,
or while engaged in pesticide
research; (3) The manufacturer or shipper of a pesticide for
experimental use only by or under supervision of an agency of
this
state or of the federal government authorized by law to
conduct
research in the field of pesticides, provided that the
manufacturer or shipper is not required to obtain an experimental
use permit
from the United States environmental protection agency; (4) The manufacturer or shipper of a substance being
tested
in which its purpose only is to determine its value for
pesticide
purposes or to determine its toxicity or other
properties, and
from which the user does not expect to receive
any benefit in pest
control from its use; (5) Persons conducting laboratory research involving
pesticides; (6) Persons who incidentally use pesticides. The incidental
use shall involve only the application of general use pesticides.
If a person incidentally uses a pesticide, the pesticide shall be
applied in strict accordance with the manufacturer's label for
general use purposes. If further applications are necessary
following the incidental use application, a pesticide applicator
shall apply the pesticide. (B) No pesticide or device shall be considered in
violation
of
sections 921.01 to 921.29 of the Revised Code
this chapter when
intended
solely for export to a foreign country, and when prepared
or packed according
to the specifications or directions of the
purchaser. If the pesticide or
device is not so
exported,
the
provisions of sections 921.01 to 921.29 of the Revised Code
apply
this chapter applies. (C) No person who is licensed, regulated, or registered
under section 921.02,
921.021, 921.03, 921.06,
921.07, 921.08,
921.09, 921.11,
921.12,
or 921.13, or 921.15 of the Revised Code
shall be
required
to obtain a license or permit to operate or to
be otherwise regulated in such
capacity by any
local ordinance, or
to meet any other condition except as otherwise provided
by
statute or rule of the United States or of this
state. (D) Section
921.06
921.09 of the Revised Code
relating to a
custom applicator does not apply to an individual who
uses only
ground equipment for
himself
the individual or for
his
the
individual's neighbors,
provided that
he
the individual meets all
of the following
requirements: (1) Is
certified
as a private applicator if
he uses
a
restricted use pesticide
licensed under section 921.11 of the
Revised Code; (2) Operates farm property and operates and maintains
pesticide application equipment primarily for
his
the
individual's
own use; (3) Is not regularly engaged in the business of applying
pesticides for hire
or does not publicly hold
himself
oneself out
as a
pesticide applicator; (4) Meets any other requirement established by rule. (E)
Sections
Section 921.06
and 921.07 of the
Revised Code
relating to licenses and requirements for their
issuance
do
does
not apply to licensed physicians or veterinarians
applying
pesticides to
man
human beings or other animals during
the normal
course of their practice, provided
that they are not regularly
engaged
in the business of applying pesticides for hire amounting
to a
principal or regular occupation or do not publicly hold
themselves out as commercial applicators. (F) Division (S) of section 921.24 of the Revised Code does
not apply to a pesticide dealer who distributes restricted use
pesticides to a nonresident who is licensed in another state
having a state plan approved by the United States environmental
protection agency.
Sec. 921.27. (A) If the director of agriculture has
reasonable cause to believe that a pesticide or device is being
distributed, stored, transported, or used in violation of
sections
921.01 to 921.29 of the Revised Code,
this chapter or of any
of
the
prescribed rules, it shall be subject to seizure on complaint
of
the director to a court of competent jurisdiction in the
locality
in which the pesticide or device is located. (B) If the article is condemned, it shall, after entry or
decree, be disposed of by destruction or sale as the court may
direct and the proceeds, if
such
the article is sold, less legal
costs, shall be paid to the pesticide program fund created in
section
921.151
921.22 of the Revised Code. The article shall not
be
sold contrary to
the provisions of this section. Upon payment
of
costs and execution and delivery of a good and sufficient bond
conditioned that the article shall not be disposed of unlawfully,
the court may direct that the article be delivered to the owner
thereof for relabeling or reprocessing.
Sec. 921.29. Fines, penalties, costs, and damages assessed
against a person
in consequence of violations of
sections 921.01
to 921.29 of the Revised
Code
this chapter, as provided in
sections 921.01 to 921.29 of the Revised Code
this chapter or any
other section
of the Revised Code, shall be a lien in favor of the
state upon the real and
personal property of the person, upon the
filing of a judgment or an order of
the director of agriculture
with the county in which the real and personal
property is
located. The real and personal property of the person shall be
liable to execution for the fines, penalties, costs, and damages
by the
attorney general, who shall deposit any proceeds from an
execution upon the
property in the pesticide program fund created
in section
921.151
921.22 of the
Revised Code.
Sec. 921.30. Nothing in this chapter or any rule adopted
under it shall be construed to require the director of agriculture
to report any findings to the appropriate prosecuting authority
for proceedings in prosecution of, or issue any order or institute
any enforcement procedure for, a violation of this chapter or a
rule adopted under it whenever the director believes that the
public interest will be best served by a suitable written notice
of warning. A person who receives a written notice of warning may
respond in writing to the notice. Sec. 921.30
921.31. On receipt of a notice pursuant to
section
3123.43 of the Revised Code, the director of
agriculture
shall
comply with
sections 3123.41 to 3123.50 of the Revised Code
and
any applicable rules adopted under
section 3123.63 of the
Revised
Code
with respect to a license,
certificate
registration,
or
permit issued
pursuant to
this chapter.
Sec. 921.99. (A) Whoever violates
sections 921.01 to 921.29
of the Revised
Code
this chapter or rules adopted under
those
sections
it, except
division (G) or
(O)
(P) of section
921.25
921.24
of the Revised Code, is guilty of a misdemeanor of the
second
degree on a
first offense and a misdemeanor of the first
degree on
a
subsequent offense. (B) Whoever violates division (G) or
(O)
(P) of section
921.25
921.24 of the Revised
Code is guilty of a misdemeanor of
the first
degree
on a first offense and a felony of the fourth
degree on each subsequent offense. (C) No recovery of damages shall be allowed from
administrative
action taken
or for "stop sale, use, or removal" if
the court finds that there
was probable
cause for
such
that
action.
SECTION 4. That existing sections 907.42, 921.01, 921.02,
921.021, 921.06, 921.08, 921.09, 921.10, 921.11, 921.13, 921.14,
921.151, 921.16, 921.18, 921.22, 921.23, 921.24, 921.25, 921.26,
921.27, 921.29, 921.30, and 921.99 and sections 921.07 and 921.12
of the Revised Code are hereby repealed.
SECTION 5. Sections 3 and 4 of this act shall take effect
July 1, 2004. Before that date, the Director of Agriculture shall
continue to issue custom applicator licenses under section 921.06,
custom operator licenses under section 921.07, public operator
licenses under section 921.08, and limited commercial applicator
licenses under section 921.12 of the Revised Code. Those licenses
shall continue to be valid until the date on which they expire
regardless of whether the expiration date is on or after July 1,
2004. On and after July 1, 2004, the Director shall cease to issue
those licenses and instead shall issue commercial applicator
licenses under section 921.06 of the Revised Code as amended by
this act.
|