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Ohio Laws and Rules
(A) Storage:
(1) For agricultural purposes:
(a) Pesticides shall not be stored in a manner that would result in contamination of animal feeds or commercial fertilizers.
(b) Pesticides shall not be stored above or against feed components, animal foods, foodstuffs, medications, or children’s toys.
(c) Pesticides shall not be stored or loaded into application equipment within one hundred yards of an airline passenger terminal.
(d) Storage areas shall not contain a drain unless it is plugged to prohibit movement of pesticide releases.
(2) For display purposes:
(a) Pesticides shall not be shelved above or against feed components, animal foods, foodstuffs, medications, or children’s toys.
(b) Shelving or display areas used for pesticide display shall be thoroughly cleaned before they are re-used for display of other products.
(c) Pesticides having a skull and crossbones symbol on the label shall not be displayed in such manner as to be accessible to children.
(3) For liquid bulk pesticide facilities:
(a) Bulk pesticide storage and handling facilities shall be sited in accordance with appropriate local, state and federal regulations.
(b) Containers and accessory equipment used for the storage and handling of bulk pesticides shall be of materials and construction compatible with the pesticide stored and the conditions of storage as specified by the label instructions.
(c) Non-mobile liquid bulk pesticide storage container installations shall be constructed such that a secondary means of containment is provided.
(i) Secondary containment shall be constructed of sufficient thickness, density and composition so as to contain any spillage or discharged material.
(ii) Secondary containment for outside storage shall be maintained to contain a minimum of one hundred ten per cent of the capacity of the largest single container. Secondary containment for storage under roof shall be maintained to contain the full capacity of the largest single container.
(iii) Secondary containment areas shall not contain a drain unless it is plugged to prevent the release of any spillage from the containment area.
(iv) In the event of a spill or release of a pesticide in an amount equal to or exceeding the reportable quantity, as that term is defined by 40 C.F.R. 302.4, the Ohio environmental protection agency shall be contacted in accordance with section 3750.06 of the Revised Code and the rules adopted thereunder.
(d) Upon delivery of the bulk pesticide, the registered product label shall be prominently displayed on the bulk pesticide storage container.
(e) Bulk pesticide storage containers shall be locked or ready access to bulk storage containers by unauthorized personnel shall be prevented when the facility is unattended.
(B) Transportation of bulk pesticide containers.
(1) Bulk pesticide containers shall meet all applicable standards as specified by the label instructions and Ohio and United States departments of transportation requirements.
(2) Bulk pesticide containers shall be thoroughly secured so as to prevent spillage of pesticide and damage to containers during transportation.
(3) Bulk pesticide containers shall bear the registered product label for the material contained therein.
(4) In the event of a spill or release of a pesticide in an amount equal to or exceeding the reportable quantity, as that term is defined by 40 C.F.R. 302.4, the Ohio environmental protection agency shall be contacted in accordance with section 3750.06 of the Revised Code and the rules adopted thereunder.
(C) Handling and loading of bulk pesticides.
(1) Bulk pesticides shall be handled, mixed and loaded in a manner that will assure the protection of crops, livestock, the general public and the environment. Physical and chemical properties shall be considered in the handling and loading of bulk pesticides.
(2) Loading and mixing of bulk pesticides conducted at permanent distribution sites shall be on impervious surfaces with provisions sufficient to allow containment and recovery of any spillage.
(3) Prior to refilling, bulk pesticide containers must be thoroughly cleaned except when a sealed or dedicated recyclable bulk container is refilled with the same labeled pesticide and bears the same label as the pesticide immediately preceding it.
(4) All rinsates and minor spillages which have not resulted from a container failure and which accumulate in the secondary containment shall be disposed as provided by the pesticide’s label, or in the absence of specific label instructions, shall be disposed in accordance with chapter 3734 of the Revised Code and the rules adopted thereunder.
(D) Disposal of containers and unused pesticides:
(1) Empty pesticide containers and containers which have held pesticide-treated seed:
(a) Shall be disposed in a manner consistent with the pesticide label; or
(b) In the absence of specific label instructions, shall be triple-rinsed and disposed in accordance with chapter 3734. of the Revised Code and the rules adopted thereunder; and
(c) Shall not be sold or re-used for any purpose, except as provided by paragraph (B)(3) of this rule, unless the containers have been properly cleaned and reconditioned in a manner approved by the director for their intended use or purpose. Re-use of such containers for the storage of human or animal food or water, or for the storage of cooking utensils, dishes or clothing is strictly prohibited.
(2) Unused pesticides and unwanted pesticide-treated seeds shall be disposed in a manner consistent with their labeling or, in the absence of specific label instructions, shall be disposed in accordance with chapter 3734. of the Revised Code and the rules adopted thereunder.
(E) Distribution of bulk pesticides:
(1) Bulk pesticides may be repackaged for sale or delivery if:
(a) The establishments conducting the sale or delivery are registered as pesticide-producing establishments in accordance with section 7 of FIFRA;
(b) A representative of said registered establishment is present when the product is repackaged for sale or delivery; and
(c) There is no change in any of the following as a result of the repackaging:
(i) The pesticide formulation;
(ii) The product labeling, except for the addition of the required EPA establishment number and net contents statement; or
(iii) The registrant as evidenced by the assigned EPA product registration number.
(d) A written authorization for the repackaging of bulk pesticides is obtained from the registrant, held at the facility conducting the repackaging and made available for inspection by the director.
(2) Bulk pesticides may be repackaged for sale using only containers which conform with paragraph (A)(3)(b) of this rule and if applicable, paragraph (B)(1) of this rule, and that are approved for this purpose by the seller of the pesticide.
(3) Scales and meters used for bulk pesticide sales shall meet the specifications, tolerances and other technical requirements for weighing and measuring devices as specified in the current “National Bureau of Standards Handbook 44,” or as approved or exempted by the weights and measures division of the Ohio department of agriculture.
(4) Separate pumps and meters shall be used for each pesticide when distributed for sale.
(5) All bulk pesticides used for custom mixing, tank mixing or repackaging in Ohio must be registered and labeled in compliance with FIFRA and Chapter 921 of the Revised Code and the rules adopted thereunder.
(F) Custom mixes or blends:
(1) Shall be prepared to the order of the user within the recommended range of the pesticide’s labeling;
(2) Shall not be held in inventory;
(3) Or portions thereof, if divided for delivery, shall be labeled with the actual percentage of the pesticide within the custom mix or blend, together with the pertinent and proper directions for its use, purpose and cautions. This requirement may be met by attaching a copy of the end-use labeling of the pesticides used in the blend.
(4) Shall be prepared in an establishment that:
(a) Is registered with the United States environmental protection agency in accordance with FIFRA; and
(b) Adheres to the “Good Manufacturing Practices for Medicated Feeds” as promulgated by the United States food and drug administration, 21 C.F.R. 225 to 226, revised April 1, 2003.
HISTORY: Eff. 1-13-72; 1-1-77; 6-11-84; 10-29-98; Replaces former 901:5-11-05 and part of 901:5-11-08, eff. 7-1-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 921.15, 921.16
Rule amplifies: RC RC 921.15, 921.16
R.C. 119.032 review dates: 7/01/2009