Proposed Changes to Ohio’s Pesticide Laws

OABA would like to make members aware of proposed changes to Ohio’s pesticide law included in the state operating budget, House Bill 96, currently being considered in the Ohio House of Representatives.

These changes are necessary because Ohio is a delegated state, meaning it must comply with requirements in federal law. In 2017, the FIFRA rule regarding the use and certification of restricted use pesticides (RUPs) was updated, mandating states to be in compliance by 2020. However, due to the pandemic, the compliance deadline was extended twice. The Ohio Department of Agriculture (ODA) has since submitted its compliance plan to the U.S. EPA, which includes mandatory changes to how restricted use pesticides are handled and applied.

The proposed changes to Ohio law would define “use” as:

• Performing pre-application activities involving mixing and loading the pesticide;
• Applying the pesticide by commercial applicator or private applicator;
• 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.

Further, the language in the budget removes the term “apply” and replaces it with “use,” prohibiting anyone from “using” a restricted use pesticide unless, under continuing law, the person holds a pesticide business license or a private applicator license. The changes also remove the allowance for direct supervision in the use of restricted use pesticides.

ODA staff have informed OABA that they will work with OhioPLANT when the rules for implementing these changes are drafted.

Additionally, ODA has proposed to increase the pesticide product registration fee from $150 to $250. This fee has not been increased since 2007 and, according to ODA, remains in the lower range compared to other states.

You can read the pesticide language in the budget here, specifically section 921.11 on page 23 of the PDF (page 701 of the full budget document). A chart outlining ODA’s proposed fee changes is also available in the document.

OABA will continue to monitor the legislation and provide updates to members as they become available.