Ohio Code 921.11 – Applying restricted use pesticides
(A)(1) No individual shall apply restricted use pesticides unless the individual is one of the following:
Terms Used In Ohio Code 921.11
- agriculture: includes farming; ranching; aquaculture; algaculture meaning the farming of algae; apiculture and related apicultural activities, production of honey, beeswax, honeycomb, and other related products; horticulture; viticulture, winemaking, and related activities; animal husbandry, including, but not limited to, the care and raising of livestock, equine, and fur-bearing animals; poultry husbandry and the production of poultry and poultry products; dairy production; the production of field crops, tobacco, fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees, flowers, sod, or mushrooms; timber; pasturage; any combination of the foregoing; the processing, drying, storage, and marketing of agricultural products when those activities are conducted in conjunction with, but are secondary to, such husbandry or production; and any additions or modifications to the foregoing made by the director of agriculture by rule adopted in accordance with Chapter 119 of the Revised Code. See Ohio Code 1.61
- Commercial applicator: means an individual who is licensed under section 921. See Ohio Code 921.01
- 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 applicator, if it is applied by a trained serviceperson acting under the instructions and control of a commercial applicator. See Ohio Code 921.01
- Directly supervise: means providing direct supervision under division (Q)(1) or (2) or both of those divisions of this section, as applicable. See Ohio Code 921.01
- 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. See Ohio Code 921.01
- Licensure: includes certification as used in the federal act. See Ohio Code 921.01
- Pesticide: includes a pest monitoring system designated by rule. See Ohio Code 921.01
- Private applicator: means an individual who is licensed under section 921. See Ohio Code 921.01
- Property: means real and personal property. See Ohio Code 1.59
- 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 pesticide applicator or by an individual working under the direct supervision of a pesticide applicator. See Ohio Code 921.01
- Rule: means a rule adopted under section 921. See Ohio Code 921.01
- state: means the state of Ohio. See Ohio Code 1.59
(a) Licensed under section 921.06 of the Revised Code;
(b) Licensed under division (B) of this section;
(c) A trained serviceperson who is acting under the direct supervision of a commercial applicator;
(d) An immediate family member or a subordinate employee of a 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 the individual is one of the following:
(a) Licensed under section 921.06 of the Revised Code;
(b) Licensed under division (B) of this section.
(B) The director of agriculture shall adopt rules to establish standards and procedures for the licensure of private applicators. An individual shall apply for 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 license shall be established by rule. Licenses shall be issued for a period of time established by rule and shall be renewed in accordance with deadlines established by rule. If a 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.
(D) All money collected under this section shall be credited to the pesticide, fertilizer, and lime program fund created in section 921.22 of the Revised Code.
Last updated February 14, 2023 at 2:35 PM