2006 Ohio Revised Code - 921.11. Persons who may apply restricted use pesticides; certification of private applicators.

§ 921.11. Persons who may apply restricted use pesticides; certification of private applicators.
 

(A) (1)  No individual shall apply restricted use pesticides unless the individual is one of the following: 

(a) Licensed under section 921.06 of the Revised Code; 

(b) Licensed under division (B) of this section; 

(c) A trained serviceperson who is acting under the direct supervision of a commercial applicator; 

(d) An immediate family member or a subordinate employee of a private applicator who is acting under the direct supervision of that private applicator. 

(2) No individual shall directly supervise the application of a "restricted use pesticide" unless the individual is one of the following: 

(a) Licensed under section 921.06 of the Revised Code; 

(b) Licensed under division (B) of this section. 

(B)  The director of agriculture shall adopt rules to establish standards and procedures for the licensure of private applicators. An individual shall apply for a private applicator license to the director, on forms prescribed by the director. The individual shall include in the application the pesticide-use category or categories of the license for which the individual is applying and any other information that the director determines is essential to the administration of this chapter. The fee for each license shall be established by rule. Licenses shall be issued for a period of time established by rule and shall be renewed in accordance with deadlines established by rule. If a license is not issued or renewed, the state shall retain any fee submitted as payment for reasonable expenses of processing the application. 

(C)  An individual who is licensed under this section shall use or directly supervise the use of a restricted use pesticide only for the purpose of producing agricultural commodities on property that is owned or rented by the individual or the individual's employer. 
 

HISTORY: 136 v H 1015 (Eff 9-1-76); 138 v H 736 (Eff 10-16-80); 143 v H 111 (Eff 7-1-89); 145 v S 134 (Eff 6-20-94); 149 v S 217, § 3, eff. 7-1-2004.
 

Not analogous to former RC § 921.11 [131 v 367; 133 v H 715], repealed 136 v H 1015, § 2, eff 9-1-76.

 

Effect of Amendments

S.B. 217, Acts 2002, effective July 1, 2004, deleted "921.07, 921.08, or 921.12" preceding "of the Revised" in (A)(1)(a) and (A)(2)(a); substituted "Licensed" for "A private applicator certified" in (A)(1)(b) and (A)(2)(b); deleted "or limited commercial applicator" from the end of (A)(1)(c); in (A)(1)(d), deleted "employee or" preceding "immediate" and "certified" preceding "private applicator who", and inserted "or a subordinate employee"; rewrote (B); added (C); and made gender neutral changes.