Ohio Code 921.06 – Commercial applicator license
(A)(1) No individual shall do any of the following without having a commercial applicator license issued by the director of agriculture:
Terms Used In Ohio Code 921.06
- 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
- 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
- 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
- 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.
- 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
- 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
- Licensure: includes certification as used in the federal act. See Ohio Code 921.01
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Pesticide: includes a pest monitoring system designated by rule. 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
- Private applicator: means an individual who is licensed under section 921. See Ohio Code 921.01
- Property: means real and personal property. See Ohio Code 1.59
- Rule: means a rule adopted under section 921. See Ohio Code 921.01
- state: means the state of Ohio. See Ohio Code 1.59
- United States: includes all the states. See Ohio Code 1.59
(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 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.
Last updated December 29, 2023 at 5:18 AM