Legislative Update – Pesticide Language and H2Ohio Funding in HB 96

Hello OABA Members, 

It’s been a whirlwind few days as the state budget wrapped up, and I wanted to share a few updates. Below, you’ll find information regarding pesticide licensing and H2Ohio funding. This is a lengthy update, but I encourage you to read it in its entirety, as it will have a significant impact on Ohio agriculture, especially those working with pesticides.

Pesticide License Updates

As passed and signed by the Governor, HB 96 reinstates the original pesticide language introduced earlier in the process. Specifically, the Elimination of Supervised Use of RUPs.

• The bill removes the ability of commercial applicators to supervise unlicensed personnel and eliminates private applicators’ ability to supervise unlicensed immediate family members or employees in the use of restricted use pesticides (RUPs).
• The term “apply” has been replaced with “use,” which means only licensed individuals—either private or commercial—may handle RUPs.

What does this mean for you?

All RUP Use Will Now Require an Individual License: Under the adopted language, no one may use RUPs without their own license, regardless of age or supervision. This removes the long-standing exception that allowed supervised use.

• Definition of "Use:" 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 by a commercial applicator or private applicator; or
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.

Please note: In 2017, the US Environmental Protection Agency (USEPA) finalized new federal standards for those who apply and handle restricted-use pesticides. These federal changes required the Ohio Department of Agriculture to submit proposed modifications that meet or exceed the federal standards. To maintain the lead authority, Ohio created a revised certification and training plan, which was approved by the USEPA administrator in August 2023.

What is OABA doing next?

OABA, along with Ohio Farm Bureau, Ohio Corn and Wheat, and Ohio Soybean Association, formally requested a line-item veto to remove the “under the supervision” language. Unfortunately, that request was not accepted.

However, these groups plan to introduce corrective legislation this fall regarding the "Under the Supervision" rule once the General Assembly returns from recess. Our hope is to have a legislative fix in place before final rules are adopted. 

What happens now?

• This bill is not effective immediately. Like all legislation, it includes a 90-day waiting period before becoming law.
• Additionally, these changes must go through the extensive rulemaking process, which will take several months.
• The proposed law and rule changes listed in the approved plan will now be vetted again and implemented over time through the Statutory & Administrative processes in Ohio. Stakeholders will be notified when those changes are officially proposed. The plan will be implemented in phases over the next few years, with target goal dates spanning from 2025 to 2032.
• While there is not a specific implementation date set, ODA has committed to:
  • Several months’ notice to applicators before any changes take effect
  • Collaborating with OABA and partners during rule development to ensure proper stakeholder engagement. OABA will work closely with ODA on the definitions of "USE" in the rule-making process. 

Other Pesticide Updates:

• Pesticide Product Registration Fee Increase
  The Ohio Department of Agriculture (ODA) will increase the pesticide product registration fee from $150 to $250, marking the first adjustment since 2007. ODA noted that Ohio's previous fee was among the lowest in the country.

H2Ohio Funding Update

HB 96 also included significant cuts to H2Ohio program funding:

• Total funding was reduced by approximately 35–45%, from $229.5 million to $149.9 million annually.
• The good news: ODA’s portion of the program received only a modest cut, which means many of the on-farm conservation practices that farmers and ag retailers participate in can continue largely unaffected.

Please don’t hesitate to call me if you have questions or need help navigating these upcoming changes. OABA will continue to keep you informed and advocate for sensible, science-based policies that support Ohio agriculture.

Best regards,
Melinda Witten
President & CEO
Ohio AgriBusiness Association
614-519-8761