Ohio Revised Code Search
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Section 921.02 | Pesticide registration.
... 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 pest... |
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Section 921.03 | Experimental use permits.
... United States environmental protection agency to issue experimental use permits, the director of agriculture may: (A) Issue an experimental use permit to any applicant if he determines that such a permit is necessary in order to accumulate information necessary to register a pesticide; (B) Refuse to issue an experimental permit if he determines that the pesticide applications, to be made under the proposed terms a... |
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Section 921.04 | Protection of trade secrets or commercial or financial information.
...may be revealed to any state or federal agency consulted. (C) If the director proposes to release for inspection information which the applicant or registrant believes to be protected from disclosure under division (B) of this section, he shall notify the applicant or registrant, in writing, by certified mail. The director shall not thereafter make available for inspection such data until thirty days after receipt o... |
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Section 921.05 | Refusal, cancellation or suspension of registration.
...(A) If it appears to the director of agriculture that: (1) The pesticide does not warrant the proposed claims for it or if the pesticide and its labeling and other material required to be submitted do not comply with this chapter or rules adopted thereunder, he shall notify the applicant of the manner in which the pesticide, labeling, or other material required to be submitted fails to comply with this chapter so as... |
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Section 921.06 | Commercial applicator license.
...(A)(1) No individual shall do any of the following without having a commercial applicator license issued by the director of agriculture: (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 authorit... |
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Section 921.09 | Pesticide business license.
... 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 obtain a license for 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 apply... |
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Section 921.10 | Effective liability insurance policy or other evidence of financial responsibility.
...ve 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. |
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Section 921.11 | Applying restricted use pesticides.
...(A) As used in this section, "use" means any of the following: (1) Performing pre-application activities involving mixing and loading the pesticide; (2) Applying the pesticide by a commercial applicator or private applicator; (3) Performing other pesticide-related activities, including transporting or storing pesticide containers that have been opened, cleaning equipment, and disposing of excess pesticides, spr... |
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Section 921.12 | Examinations.
...(A)(1) The director of agriculture shall require each applicant for a license by examination under section 921.06 or 921.11 of the Revised Code to be examined on the applicant's knowledge and competency in each of the following: (a) This chapter and rules adopted under it; (b) The proper use, handling, and application of pesticides and, if the applicant is applying for a license under section 921.06 of the Revise... |
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Section 921.13 | Pesticide dealer license.
...ny 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 this chapter whether commit... |
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Section 921.14 | Records.
...sticide 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 time established by rule. (C) Each private applicator shall keep a record of all restricted use pesticide applications... |
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Section 921.15 | Pesticides having unreasonable adverse effects on environment prohibited.
...sed Code governing the disposal and storage of such pesticide or pesticide containers. Such rules shall be in conformity with the guidelines and rules established by the Ohio environmental protection agency. |
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Section 921.16 | Administrative rules.
...nes necessary to minimize or prevent damage to the environment. In addition, the rules shall establish the deadlines and time periods for registration, registration renewal, late registration renewal, and failure to register under section 921.02 of the Revised Code; the fees for registration, registration renewal, late registration renewal, and failure to register under section 921.02 of the Revised Code that shall a... |
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Section 921.17 | Director may delegate authority.
...All authority vested in the director of agriculture by virtue of sections 921.01 to 921.29 of the Revised Code may with like force and effect be executed by such employees of the department of agriculture as the director may designate for said purpose. |
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Section 921.18 | Director of agriculture - powers and duties.
...bility documents; (b) Inspect the storage or disposal of pesticides; (c) Inspect and sample pesticides in storage or in use; (d) Inspect equipment or devices used to apply pesticides; (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 ... |
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Section 921.19 | Government use of pesticides.
...Every state agency, municipal corporation, and other governmental agency and political subdivision is subject to this chapter and the rules adopted thereunder with respect to the application, handling, and use of pesticides. 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 ... |
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Section 921.21 | Director may cooperate with federal and state agencies - agreements.
...ooperative agreements with any official agency of the federal government, of this state or its subdivisions, or with any agency of another state and may enter into and receive grants-in-aid from them for the purpose of carrying out sections 921.01 to 921.29 of the Revised Code. |
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Section 921.22 | Pesticide program fund.
...nd all fines, penalties, costs, and damages, except court costs, that are collected by either the director of agriculture or the attorney general in consequence of any violation of those chapters or rules adopted under them. The director shall use money in the fund to administer and enforce those chapters and rules adopted under them. The director shall keep accurate records of all receipts into and disburse... |
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Section 921.23 | Disciplinary actions.
...(A) Except as provided in division (B) of this section, the director of agriculture may suspend, prior to a hearing, for not longer than thirty days, and after the opportunity for a hearing may deny, suspend, revoke, refuse to renew, or modify any provision of any license, permit, or registration issued pursuant to this chapter if the director finds that the applicant or the holder of a license, permit, or registrati... |
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Section 921.24 | Prohibited acts.
... the provisions of the permit; (U) Engage in fraudulent business practices; (V) Dispose of any pesticide product or container in such a manner as to have unreasonable adverse effects on the environment; (W) Display any pesticide in any manner to produce unreasonable adverse effects on the environment, or to contaminate adjacent food, feed, or other products; (X) Apply any pesticide by aircraft without being l... |
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Section 921.25 | Civil penalties.
...(A)(1) Whenever the director of agriculture has cause to believe that any person has violated, or is violating, this chapter or any rule or order adopted or issued under it, the director may conduct a hearing in accordance with Chapter 119. of the Revised Code to determine whether a violation has occurred. Except as otherwise provided in division (A)(3) of this section, the director shall assess a civil penalty ... |
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Section 921.26 | Exceptions.
...ng: (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... |
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Section 921.27 | Seizing illegal pesticides.
...(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 this chapter or of any 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 decre... |
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Section 921.28 | Statement of alleged damages.
...A person who claims damages from a pesticide application shall notify the director of agriculture and the pesticide applicator by submitting an oral or written statement of alleged damages. The statement shall contain all of the following: (A) The name of the person responsible for the application of the pesticide; (B) The name of the owner or operator of the land on which the crop is grown and for which damages ar... |
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Section 921.29 | Fines, penalties, costs, and damages are lien of state.
...Fines, penalties, costs, and damages assessed against a person in consequence of violations of this chapter, as provided in 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 r... |