2006 Ohio Revised Code - 921.24. Prohibitions.

§ 921.24. Prohibitions.
 

No person shall do any of the following: 

(A) Apply, use, directly supervise such application or use, or recommend a pesticide for use inconsistent with the pesticide's labeling, treatment standards, or other restrictions imposed by the director of agriculture; 

(B) Act as a commercial applicator without being licensed to do so; 

(C) Use any restricted use pesticide, unless the person is licensed to do so is a trained serviceperson acting under the direct supervision of a commercial applicator, or is an immediate family member or a subordinate employee of a private applicator under the direct supervision of that private applicator; 

(D) Refuse or fail to keep or maintain records required by the director in rules adopted under this chapter, or to make reports when and as required by the director in rules adopted under this chapter; 

(E) Falsely or fraudulently represent the effect of pesticides or methods to be utilized; 

(F) Apply known ineffective or improper materials; 

(G) Operate in a negligent manner, which includes the operation of faulty or unsafe equipment; 

(H) Impersonate any federal, state, county, or municipal official; 

(I) Make false or fraudulent records, invoices, or reports; 

(J) Fail to provide training to trained servicepersons in the application of pesticides; 

(K) Fail to provide direct supervision as specified in rules adopted under division (C) of section 921.16 of the Revised Code; 

(L) Distribute a misbranded or adulterated pesticide; 

(M) Use fraud or misrepresentation in making application for a license or registration or renewal of a license or registration; 

(N) Refuse, fail, or neglect to comply with any limitation or restriction of a license or registration issued under this chapter or rules adopted thereunder; 

(O) Aid or abet a licensee or another person in violating this chapter or rules adopted thereunder; 

(P) Make a false or misleading statement in an inspection concerning any infestation of pests or the use of pesticides; 

(Q) Refuse or fail to comply with this chapter, the rules adopted thereunder, or any lawful order of the director; 

(R) Distribute restricted use pesticides to the ultimate user without a pesticide dealer's license; 

(S) Except as 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, 921.08, 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 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 licensed as a commercial applicator; 

(Y) Distribute a pesticide that is not registered with the director; 

(Z) Fail to properly supervise a trained serviceperson. 
 

HISTORY: 136 v H 1015 (Eff 9-1-76); 143 v H 571 (Eff 7-27-90); 145 v S 134 (Eff 6-20-94); 149 v S 217, § 3, eff. 7-1-2004.

 

Effect of Amendments

S.B. 217, Acts 2002, effective July 1, 2004, rewrote (B) through (D), (J), (K), and (S); inserted present (L) and redesignated the remaining subsections accordingly; substituted "registration" for "certificate" twice in present (M); inserted "or registration" in (N); substituted "this chapter" for "sections 921.01 to 921.29 of the Revised Code" in present (N), (O), and (Q); deleted "or to an employee who is a commercial applicator at any time" following "user" in present (R); deleted "in the application of pesticides, when licensed as a custom applicator" in present (U); added (Y) and (Z); and made minor stylistic changes.