Ohio § 921.11

§ 921.11.

(A) As used in this section, “ use ” means any of the following: (1) Performing pre-application activities involving mixing and loading the pesticide; (2) Applying the pesticide, including supervising the use of a pesticide by a noncertified

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 unless the individual is one of

the following: (1) Licensed under section 921.06 of the Revised Code ; (2) Licensed under division (D) of this section; (3) A trained serviceperson 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 a commercial applicator; (4) 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. (C) No individual shall directly supervise the application of a restricted use pesticide

unless the individual is one of the following: (1) Licensed under section 921.06 of the Revised Code ; (2) Licensed under division (D) of this section. (D)(1) Subject to division (D)(2) of this section, 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. (2) The director shall issue a private 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 private 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 private 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. (E) 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. (F) 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 .