Terms Used In Ohio Code > Chapter 921 - Pesticides

• Active ingredient: means any ingredient that will prevent, destroy, kill, repel, control, or mitigate any pest, or that will act as a plant regulator, defoliant, or desiccant. See Ohio Code 921.01
• agriculture: includes farming; ranching; aquaculture; algaculture meaning the farming of algae; apiculture and related apicultural activities, production of honey, beeswax, honeycomb, and other related products; horticulture; viticulture, winemaking, and related activities; animal husbandry, including, but not limited to, the care and raising of livestock, equine, and fur-bearing animals; poultry husbandry and the production of poultry and poultry products; dairy production; the production of field crops, tobacco, fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees, flowers, sod, or mushrooms; timber; pasturage; any combination of the foregoing; the processing, drying, storage, and marketing of agricultural products when those activities are conducted in conjunction with, but are secondary to, such husbandry or production; and any additions or modifications to the foregoing made by the director of agriculture by rule adopted in accordance with Chapter 119 of the Revised Code. See Ohio Code 1.61
• Aircraft: means any device used or designed for navigation or flight in the air, except a parachute or other device used primarily as safety equipment. See Ohio Code 921.01
• Animal: means all vertebrate and invertebrate species, including, but not limited to, humans and other mammals, birds, fish, and shellfish. See Ohio Code 921.01
• Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
• Bond: includes an undertaking. See Ohio Code 1.02
• Brand: means any word, name, symbol, device, or combination thereof, that serves to distinguish the pesticide manufactured or distributed by one person from that manufactured or distributed by any other person. See Ohio Code 921.01
• Child: includes child by adoption. See Ohio Code 1.59
• Commercial applicator: means an individual who is licensed under section 921. See Ohio Code 921.01
• Competent: means properly qualified as evidenced by passing the general examination and each applicable pesticide-use category examination for the pesticide-use categories in which a person applies pesticides and, in the case of a person who is a commercial applicator, conducts diagnostic inspections and by meeting any other criteria established by rule. See Ohio Code 921.01
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defoliant: means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission. See Ohio Code 921.01
• Desiccant: means any substance or mixture of substances intended for artificially accelerating the drying of plant tissue. See Ohio Code 921.01
• Device: means any instrument or contrivance, other than a firearm, that is intended for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life, other than human beings and other than bacteria, virus, or other microorganism on or in living human beings or other living animals. See Ohio Code 921.01
• Direct supervision: means either of the following, as applicable:

  (1) Unless otherwise prescribed by its labeling, a pesticide is considered to be applied under the direct supervision of a commercial applicator, if it is applied by a trained serviceperson acting under the instructions and control of a commercial applicator. See Ohio Code 921.01

• Directly supervise: means providing direct supervision under division (Q)(1) or (2) or both of those divisions of this section, as applicable. See Ohio Code 921.01
• Distribute: means to offer or hold for sale, sell, barter, ship, deliver for shipment, or receive and, having so received, to deliver or offer to deliver, pesticides in this state. See Ohio Code 921.01
• Environment: includes water, air, land, and all plants and human beings and other animals living therein, and the interrelationships that exist among them. See Ohio Code 921.01
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Federal act: means the "Federal Insecticide, Fungicide and Rodenticide Act" 61 Stat. See Ohio Code 921.01
• Fraud: Intentional deception resulting in injury to another.
• Fungus: means any nonchlorophyll-bearing thallophyte, which is any nonchlorophyll-bearing plant of a lower order than mosses and liverworts, as for example, rust, smut, mildew, mold, yeast, and bacteria, except those on or in living human beings or other animals, or processed food, beverages, or pharmaceuticals. See Ohio Code 921.01
• General use pesticide: means a pesticide that is classified for general use under the federal act. See Ohio Code 921.01
• Ground equipment: means any device, other than aircraft, used on land or water to apply pesticides in any form. See Ohio Code 921.01
• Immediate family: means a person's spouse residing in the person's household, brothers and sisters of the whole or of the half blood, children, including adopted children, parents, and grandparents. See Ohio Code 921.01
• in writing: includes any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures. See Ohio Code 1.59
• incidentally use: means the application of a general use pesticide on an occasional, isolated, site-specific basis in order to avoid immediate personal harm. See Ohio Code 921.01
• Ingredient statement: means a statement of the name and percentage of each active ingredient, together with the total percentage of inert ingredients. See Ohio Code 921.01
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Insect: means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class insecta, including, but not limited to, beetles, bugs, bees, and flies, and to other allied classes of arthropods, including, but not limited to, spiders, mites, ticks, centipedes, and wood lice. See Ohio Code 921.01
• Integrated pest management: means a sustainable approach to managing pests by combining biological, cultural, physical, and chemical tools in a way that minimizes economic, health, and environmental risks. See Ohio Code 921.01
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Label: means the written, printed, or graphic matter on, or attached to the pesticide or device, or any of its containers or wrappers. See Ohio Code 921.01
• Labeling: means all labels and other written, printed, or graphic matter:

  (1) Accompanying the pesticide product or device at any time;

  (2) To which reference is made on the label or in literature accompanying the pesticide product or device, except when accurate, nonmisleading reference is made to current official publications of the United States environmental protection agency, the United States department of agriculture or interior, the United States department of health and human services, state experiment stations, state agricultural colleges, or other similar federal or state institutions or official agencies, authorized by law to conduct research in the field of pesticides;

  (3) Including all brochures, technical and sales bulletins, and all advertising material. See Ohio Code 921.01

• Licensure: includes certification as used in the federal act. See Ohio Code 921.01
• Lien: A claim against real or personal property in satisfaction of a debt.
• Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
• Personal property: All property that is not real property.
• Pest: means a harmful, destructive, or nuisance insect, fungus, rodent, nematode, bacterium, bird, snail, weed, or parasitic plant or a harmful or destructive form of plant or animal life or virus, or any plant or animal species that the director declares to be a pest, except viruses, bacteria, or other microorganisms on or in living animals, including human beings. See Ohio Code 921.01
• Pesticide: includes a pest monitoring system designated by rule. See Ohio Code 921.01
• Pesticide business: means a person who performs pesticide business activities. See Ohio Code 921.01
• Pesticide applicator: means a commercial applicator or a private applicator. See Ohio Code 921.01
• Pesticide business activities: means any of the following:

  (1) The application of pesticides to the property of another for hire;

  (2) The solicitation to apply pesticides;

  (3) The conducting of authorized diagnostic inspections. See Ohio Code 921.01

• Pesticide business registered location: means a location at which pesticide business activities are conducted and that is registered through the issuance of a license to a pesticide business under section 921. See Ohio Code 921.01
• Pesticide dealer: means any person who distributes restricted use pesticides or pesticides whose uses or distribution are further restricted by the director to the ultimate user or to a commercial applicator who is employed by that pesticide dealer. See Ohio Code 921.01
• Pesticide-use category: means a specialized field of pesticide application or of diagnostic inspection as defined by rule. See Ohio Code 921.01
• Plant regulator: means any substance or mixture of substances, intended, through physiological action, for accelerating or retarding the growth or rate of maturation, or for otherwise altering the behavior of plants or the produce thereof, but does not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, or soil amendments. See Ohio Code 921.01
• Private applicator: means an individual who is licensed under section 921. See Ohio Code 921.01
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Product name: means a coined or specific designation applied to an individual pesticide of a fixed combination and derivation. See Ohio Code 921.01
• Property: means real and personal property. See Ohio Code 1.59
• Registrant: means a person who has registered a pesticide under this chapter. See Ohio Code 921.01
• Restricted use pesticide: means any pesticide or pesticide use classified by the administrator of the United States environmental protection agency for use only by a pesticide applicator or by an individual working under the direct supervision of a pesticide applicator. See Ohio Code 921.01
• Rule: means a rule adopted under section 921. See Ohio Code 921.01
• state: means the state of Ohio. See Ohio Code 1.59
• Statute: A law passed by a legislature.
• Trained serviceperson: means an employee of a pesticide business, other business, agency of the United States government, state agency, or political subdivision who has been trained to apply pesticides while under the direct supervision of a commercial applicator. See Ohio Code 921.01
• United States: includes all the states. See Ohio Code 1.59
• Unreasonable adverse effects on the environment: means any unreasonable risk to human beings or the environment taking into account the economic, social, and environmental benefits and costs of the use of any pesticide. See Ohio Code 921.01
• Weed: means any plant that grows where not wanted. See Ohio Code 921.01
• Whoever: includes all persons, natural and artificial; partners; principals, agents, and employees; and all officials, public or private. See Ohio Code 1.02