Ohio Code 921.18 – Director of agriculture – powers and duties
(A) The director of agriculture may:
Terms Used In Ohio Code 921.18
- 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
- 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
- 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
- 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
- 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
- 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
- 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.
- 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 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
- 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
- Registrant: means a person who has registered a pesticide under this chapter. 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
(1) In order to determine compliance with this chapter and rules adopted under it, enter any public or private premises or transport vehicles during regular business hours to do any or all of the following:
(a) Inspect and copy books, pesticide application records, contracts related to pesticide business activities, and financial responsibility documents;
(b) Inspect the storage or disposal of pesticides;
(c) Inspect and sample pesticides in storage or in use;
(d) Inspect equipment or devices used to apply pesticides;
(e) Inspect storage facilities and sites;
(f) Inspect production areas of persons that manufacture pesticides for commercial purposes.
(2) Enter upon any public or private premises at any time, when or where pesticides are being applied to determine if the applicator is or should be licensed or if proper notice has been given before pesticide application, and to collect samples of pesticides being applied or available for use;
(3) Enter upon any public or private premises at reasonable hours to inspect any property thereon or to collect samples of vegetation or animal life, water, soil, or other matter, in order to determine residue levels, efficacy of application, or adverse effects of application, drift, or spillage;
(4) Should the director be denied access to any premises where such access is sought for the purposes set forth in this section, apply to any court of competent jurisdiction for a search warrant authorizing access to such land for those purposes. The court may, upon such application, issue the search warrant for the purposes requested.
(B) When the director or the director’s authorized agent observes, or has reasonable cause to believe that a piece of equipment used by a commercial applicator, a private applicator, or any other individual requires calibration, adjustment, or repair to enable it to perform satisfactorily, the director may require such adjustment to be made immediately or issue a “stop operation” order pending repair to the equipment and the director may require a demonstration of it before cancellation or withdrawal of the stop operation order.
(C) The director or the director’s authorized agent may:
(1) Issue an order to the owner or custodian of any lot of pesticide or a device requiring it to be held at a designated place when the director or the director’s authorized agent has reasonable cause to believe that the pesticide or device has been distributed, stored, transported, or used in violation of this chapter, or any rule adopted thereunder. The pesticide or device shall be held until a release in writing is issued by the director, the director’s authorized agent, or a court order. No release shall be issued until this chapter and the rules adopted thereunder are complied with.
(2) If the owner or custodian is not available for service of the order upon the owner or custodian, attach the order to the pesticide or device and notify the owner or custodian, and the registrant.
(D)(1) The director shall establish standards governing the development and implementation of integrated pest management practices that are designed to prevent unreasonable adverse effects on human health and the environment.
(2) The director may enter into cooperative agreements with other state agencies for the implementation of voluntary or mandatory integrated pest management practices.