2006 Ohio Revised Code - 921.10. Evidence of financial responsibility required; lawful use of pesticide does not provide immunity.

§ 921.10. Evidence of financial responsibility required; lawful use of pesticide does not provide immunity.
 

(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 of financial responsibility required. Such requirements shall be based upon the pesticide-use categories in which commercial applicators are licensed to apply pesticides for the pesticide business. 

(B)  Should the evidence of financial responsibility furnished become unsatisfactory, the pesticide business shall upon notice immediately execute evidence of financial responsibility meeting the requirements of this section or applicable rules, and should the pesticide business fail to do so, the director shall suspend the pesticide business's license and give the business notice of such suspension. 

(C)  The licensee to whom a suspension order is issued shall be afforded a hearing in accordance with Chapter 119. of the Revised Code, after which the director shall reinstate or revoke the suspended license. 

(D)  Nothing in this chapter shall be construed to relieve 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. 
 

HISTORY: 136 v H 1015 (Eff 9-1-76); 148 v H 645 (Eff 3-22-2001); 149 v H 217, § 3, eff. 7-1-2004.

 

Effect of Amendments

S.B. 217, Acts 2002, effective July 1, 2004, in (A), deleted "application" preceding "business license", and substituted "pesticide-use categories ... pesticide business" for "category and operation of the applicant"; deleted former (B) and redesignated the remaining subsections accordingly; and, in present (B), deleted "application" following each instance of "pesticide".