Ohio Revised Code Search

...sed 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 issued pursuant to this chapter.

...Whoever violates sections 919.01 to 919.20 of the Revised Code is guilty of a misdemeanor of the first degree.

...nt, 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...

...(A) No person shall distribute a pesticide within this state unless the pesticide is registered with the director of agriculture 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 ...

...strator of the 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 pr...

...is opinion are trade secrets or commercial or financial information; (2) Submit such marked material separately from other material required to be submitted under this chapter. (B) Notwithstanding any other provision of this chapter, the director of agriculture shall not make public privileged or confidential information which in his judgment contains or relates to trade secrets or commercial or financial informati...

...ticide 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 to afford the applicant an opportunity to make the necessary corrections. If, upon receipt of such notice, the applicant does not ...

...(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...

...(A)(1) No person shall own or operate a pesticide business without obtaining a 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. (2) A person applying for a pesticide business license shall obtain a license for each location that is owned by the person and used for the purpose of engagin...

...(A) The director of agriculture shall not issue a pesticide 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 o...

...(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, spray mix, equipment wash waters, pesticide containers, and other pesticide-containing materials. (B) No individual shall use restricted use pesticides un...

...(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...

...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 dist...

...(A) Each commercial applicator shall keep a record of 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 the applicator and by any trained serviceperson as required by rules adopted under division (C) of section 921.16 of the Revised Code. ...

...No person shall transport, store, dispose of, display, or distribute any pesticide or pesticide container in such a manner as to have unreasonable adverse effects on the environment. The director of agriculture may adopt and enforce rules in accordance with this section and Chapter 119. of the Revised Code governing the disposal and storage of such pesticide or pesticide containers. Such rules shall be in conformity ...

...(A) The director of agriculture shall adopt rules the director determines necessary for the effective enforcement and administration of 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 t...

...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.

...ng regular business hours to do any or all of the following: (a) Inspect and copy books, pesticide application records, contracts related to pesticide business activities, and financial responsibility 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 an...

...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 ...

...o cooperative 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.

...eated in the state treasury. The fund shall consist of money credited to it under this chapter and Chapter 905. of the Revised Code and rules adopted under them and 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 mone...

... permit, or registration is no longer qualified, has violated any provision of this chapter or rules adopted under it, has entered into an administrative or judicial settlement under the federal act, has been found guilty of violating the federal act, or has been convicted of a misdemeanor involving moral turpitude or of a felony. (B) The director shall not deny a license, permit, or registration issued pursuant to...

...provided in division (F) of section 921.26 of the Revised Code, distribute restricted use pesticides to an ultimate user who is not licensed under section 921.06 or 921.11 of the Revised Code and rules adopted under this chapter; (T) Use any pesticide that is under an experimental use permit contrary to the provisions of the permit; (U) Engage in fraudulent business practices; (V) Dispose of any pesticide produ...

... (A)(3) of this section, the director shall assess a civil penalty against any person who violates this chapter or any rule or order adopted or issued under it in accordance with the schedule of civil penalties established in rules adopted under division (B) of section 921.16 of the Revised Code. Each day a violation continues constitutes a separate and distinct violation. (2) In addition to assessing a civil pena...

...(A) The penalties provided for violations of 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, oth...