Ohio Code 921.26 – Exceptions
(A) The penalties provided for violations of this chapter do not apply to any of the following:
Terms Used In Ohio Code 921.26
- 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
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- 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 human beings and other than bacteria, virus, or other microorganism on or in living human beings or other living animals. See Ohio Code 921.01
- Ground equipment: means any device, other than aircraft, used on land or water to apply pesticides in any form. See Ohio Code 921.01
- incidentally use: means the application of a general use pesticide on an occasional, isolated, site-specific basis in order to avoid immediate personal harm. See Ohio Code 921.01
- Label: means the written, printed, or graphic matter on, or attached to the pesticide or device, or any of its containers or wrappers. See Ohio Code 921.01
- 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. See Ohio Code 921.01
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- 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 human beings. See Ohio Code 921.01
- Pesticide: includes a pest monitoring system designated by rule. See Ohio Code 921.01
- Pesticide applicator: means a commercial applicator or a private applicator. See Ohio Code 921.01
- 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. See Ohio Code 921.01
- Property: means real and personal property. See Ohio Code 1.59
- Rule: means a rule adopted under section 921. See Ohio Code 921.01
- state: means the state of Ohio. See Ohio Code 1.59
- Statute: A law passed by a legislature.
- United States: includes all the states. See Ohio Code 1.59
(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 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 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, this chapter applies.
(C)(1) No person who is licensed, regulated, or registered under section 921.02, 921.03, 921.06, 921.08, 921.09, 921.11, or 921.13 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.
(2) No political subdivision shall regulate or ban the packaging, registration, labeling, sale, storage, distribution, use, or application of a pesticide registered under section 921.02 of the Revised Code on private property, including private property that is open to the public. As used in this section, “political subdivision” has the same meaning as in section 905.503 of the Revised Code.
(D) Section 921.09 of the Revised Code does not apply to an individual who uses only ground equipment for the individual or for the individual’s neighbors, provided that the individual meets all of the following requirements:
(1) Is licensed under section 921.11 of the Revised Code;
(2) Operates farm property and operates and maintains pesticide application equipment primarily for the individual’s own use;
(3) Is not regularly engaged in the business of applying pesticides for hire or does not publicly hold oneself out as a pesticide applicator;
(4) Meets any other requirement established by rule.
(E) Section 921.06 of the Revised Code relating to licenses and requirements for their issuance does not apply to licensed physicians or veterinarians applying pesticides to 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.
Last updated February 23, 2023 at 11:03 AM