Ohio § 921.06

§ 921.06.

(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 authority, or sanitary district created under Chapter 1545.,

4582., or 6115. of the Revised Code, respectively; (c) Apply restricted use pesticides.  Division (A)(1)(c) of this section does not apply to a private applicator or an

immediate family member or a subordinate employee of a private applicator who is trained

in accordance with standards prescribed by the director under section 921.16 of the Revised Code and who is acting under the direct supervision of that private applicator. (d) If the individual is the owner of a business other than a pesticide business or an

employee of such an owner, apply pesticides at any of the following publicly accessible

sites that are located on the property: (i) Food service operations that are licensed under Chapter 3717. of the Revised Code; (ii) Retail food establishments that are licensed under Chapter 3717. of the Revised Code; (iii) Golf courses; (iv) Rental properties of more than four apartment units at one location; (v) Hospitals or medical facilities as defined in section 3701.01 of the Revised Code ; (vi) Child care centers or licensed school child programs as defined in section 5104.01 of the Revised Code ; (vii) Facilities owned or operated by a school district established under Chapter 3311.

of the Revised Code, including an educational service center, a community school established

under Chapter 3314. of the Revised Code, or a chartered or nonchartered nonpublic

school that meets minimum standards established by the director of education and workforce; (viii) State institutions of higher education as defined in section 3345.011 of the Revised Code , nonprofit institutions holding a certificate of authorization pursuant to Chapter

1713. of the Revised Code, institutions holding a certificate of registration from

the state board of career colleges and schools and program authorization for an associate

or bachelor's degree program issued under section 3332.05 of the Revised Code , and private institutions exempt from regulation under Chapter 3332. of the Revised

Code as prescribed in section 3333.046 of the Revised Code ; (ix) Food processing establishments as defined in section 3715.021 of the Revised Code ; (x) Any other site designated by rule. (e) Conduct authorized diagnostic inspections. (2) Divisions (A)(1)(a) to (d) of this section do not apply to an individual who is acting

as a trained serviceperson under the direct supervision of a commercial applicator. (3) Licenses shall be issued for a period of time established by rule and shall be renewed

in accordance with deadlines established by rule.  The fee for each such license shall be established by rule.  If a license is not issued or renewed, the application fee shall be retained by

the state as payment for the reasonable expense of processing the application.  The director shall by rule classify by pesticide-use category licenses to be issued

under this section.  A single license may include more than one pesticide-use category.  No individual shall be required to pay an additional license fee if the individual

is licensed for more than one category. The fee for each license or renewal does not apply to an applicant who is an employee

of the department of agriculture whose job duties require licensure as a commercial

applicator as a condition of employment. (B) Application for a commercial applicator license shall be made on a form prescribed

by the director.  Each application for a license shall state the pesticide-use category or categories

of license for which the applicant is applying and other information that the director

determines essential to the administration of this chapter. (C)(1) Except as provided in division (C)(2) of this section, if the director finds that

the applicant is competent to apply pesticides and conduct diagnostic inspections

and that the applicant has passed both the general examination and each applicable

pesticide-use category examination as required under division (A) of section 921.12 of the Revised Code , the director shall issue a commercial applicator license limited to the pesticide-use

category or categories for which the applicant is found to be competent.  If the director rejects an application, the director may explain why the application

was rejected, describe the additional requirements necessary for the applicant to

obtain a license, and return the application.  The applicant may resubmit the application without payment of any additional fee. (2) The director shall issue a commercial applicator license in accordance with Chapter

4796. of the Revised Code to an individual if either of the following applies: (a) The individual holds a commercial applicator license in another state. (b) The individual has satisfactory work experience, a government certification, or a

private certification as described in that chapter as a commercial applicator in a

state that does not issue that license. A license issued under this division shall be limited to the pesticide-use category

or categories for which the applicant is licensed in another state or has satisfactory

work experience, a government certification, or a private certification in that state. (D)(1) A person who is a commercial applicator shall be deemed to hold a private applicator's

license for purposes of applying pesticides on agricultural commodities that are produced

by the commercial applicator. (2) A commercial applicator shall apply pesticides only in the pesticide-use category

or categories in which the applicator is licensed under this chapter. (E) All money collected under this section shall be credited to the pesticide, fertilizer,

and lime program fund created in section 921.22 of the Revised Code .