Ohio Administrative Code 901:5 — Department of Agriculture | Plant Industry

Chapter 901:5-1 Fertilizer

Ohio Adm.Code 901:5-1-01 Labeling requirements for fertilizer.

(A) No manufacturer or distributor of fertilizer shall use any term which is defined in the official publication of the association of American plant food control officials as adopted in rule 901:5-1-02 of the Administrative Code on the label of any fertilizer unless the fertilizer complies with the standard for such terms which are stated in said publication.

(B) No manufacturer or distributor of a fertilizer shall include the name of any plant nutrient element:

(1) Other than nitrogen, phosphorus and potassium on the label of a fertilizer other than a specialty fertilizer, unless the percentage guaranteed equals or exceeds the percentage required in the following table:

(2) Which is not named in paragraph (B)(1) of this rule on the label of any such fertilizer.

(C) Each manufacturer or distributor of any fertilizer which bears on its label the name of any element which is listed in paragraph (B) of this rule, shall:

(1) List each element which is mentioned on the label and the percentage guarantee in the same order in which such elements are listed in paragraph (B) of this rule;

(2) Furnish the director of agriculture the label and directions for use of any fertilizer for which the director requests such information;

(3) Include warning or caution statements on the label for any fertilizer which contains:

(a) Three one-hundredths per cent or more of boron in water soluble form;

(b) One one-thousandths per cent or more of molybdenum.

Last updated February 10, 2025 at 12:58 PM

History

• Effective: November 26, 2018
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-1-02

As used in this chapter:

(A) All terms which are defined in section 905.31 of the Revised Code are incorporated into this chapter.

(B) The terms which are defined in the official publication of the association of American plant food control officials (2024) are hereby incorporated into this chapter. Interested individuals may locate a copy of the official publication by visiting www.aapfco.org.

Last updated April 1, 2025 at 7:54 AM

History

• Effective: April 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-1-04 Requirements for sales of fertilizer from bulk storage facilities.

(A) No person shall distribute any fertilizer from any bulk storage facility unless such facility provides access for sampling each fertilizer stored therein.

(B) No person shall distribute a fertilizer from any bulk storage facility to more than one consumer unless he:

(1) Labels the area where the fertilizer is stored to show the grade of the fertilizer;

(2) Shows the grade of the fertilizer on each invoice for shipments therefrom;

(C) Each manufacturer or distributor of fertilizer shall include the date of delivery on each shipping invoice or delivery ticket for each shipment of bulk fertilizer to an individual who is not licensed pursuant to section 905.32 of the Revised Code.

Last updated February 10, 2025 at 12:59 PM

History

• Effective: November 26, 2018
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-1-05 Weighing of fertilizer and requirements for shipping invoice.

(A) No person shall distribute any fertilizer other than by net weight unless the director has approved the device which is used to measure the fertilizer.

(B) A meter may be used to deliver fertilizer by volume provided that each individual meter so used has been tested and approved by the director.

(C) Each distributor shall include on the shipping invoice or delivery ticket for any fertilizer which is delivered by volume:

(1) Volume of fertilizer delivered;

(2) The calculated net weight derived from the volume delivered; and

(3) The conversion factor used to derive the calculated net weight from the volume delivered.

Last updated February 10, 2025 at 12:59 PM

History

• Effective: November 26, 2018
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-1-06 What constitutes mislabeled fertilizer.

(A) Fertilizer material is mislabeled if the director of agriculture determines after analysis of said fertilizer material that the percentage of total nitrogen, available phosphoric acid (P2O5), or soluble potash (K20) in the fertilizer is below the allowances permitted in the table found in paragraph (B) of this rule:

(B)

Per cent allowances of fertilizer materials.

For N guarantees above 32 per cent the allowance shall be 0.88.

For P2O5 guarantees above 52 per cent the allowance shall be 1.10.

For K2O guarantees above 62 per cent the allowance shall be 1.80.

For guarantees not listed, calculate the appropriate allowance by interpolation.

(C) Any mixture of fertilizers is mislabeled if the director determines after analysis of the mixture that:

(1) The percentage of total nitrogen, available phosphoric acid (P2O5), or soluble potash (K2O) in the mixture is more than ten per cent below the percentage guaranteed or more than two percentage points below the percentage guaranteed, whichever is the smaller; or

(2) The total of the percentages determined for the three primary plant nutrients is less than ninety-seven per cent of the sum of the guarantees for these three nutrients.

Last updated February 10, 2025 at 12:59 PM

History

• Effective: November 26, 2018
• Promulgated Under: 119.03

Chapter 901:5-2 Fertilizer Storage and Handling

Ohio Adm.Code 901:5-2-01 Definitions.

As used in rules 901:5-2-01 to 901:5-2-11 of the Administrative Code:

(A) "ASTM" means the American society for testing materials. Information and copies may be obtained by writing to: "ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA, 19428-2959" or these documents are available at www.astm.org.

(1) "ASTM A 53" means the ASTM international standard number A 53, July 2020, containing standard specification for pipe, steel, black and hot-dipped, zinc-coated, welded and seamless.

(2) "ASTM A 312" means the ASTM international standard number A 312, May 2021, containing standard specification for seamless, welded, and heavily cold worked austenitic stainless steel pipes.

(3) "ASTM D 2241-20" means the ASTM international standard number D 2241-20, August 2020, containing standard specification for poly(vinyl chloride) (PVC) pressure rated pipe (SDR series).

(4) "ASTM D 3350-21" means the ASTM international standard number D 3350-21, July 2021, containing standard specification for polyethylene plastics pipe and fittings materials.

(5) "ASTM F 442" means the ASTM international standard number F 442, August 2020, containing standard specification for chlorinated poly(vinyl chloride) (CPVC) plastic pipe.

(6) "ASTM F 714-21" means the ASTM international standard number F 714-21, May 2021, containing standard specification for polyethylene (PE) plastic pipe (DR-PR) based on outside diameter.

(7) "ASTM F 2164-21" means the ASTM international standard number F 2164-21, July 2021, containing standard practice for field leak testing of polyethylene ("PE") and crosslinked polyethylene (PEX) pressure piping systems using hydrostatic pressure.

(B) "NIST" means the National institute of standards and technology. Information is available at www.nist.gov.

(C) "API" means the American petroleum institute. Information and copies may be obtained by writing to: "American Petroleum Institute, 1220 L. Street, Northwest, Washington, D.C. 20005-4070" or these documents are available at www.api.org.

(1) "API 650 standard" means the API standard number 650; thirteenth edition, containing standards for the design and construction of welded steel tanks for oil storage.

(2) "API 653 standard" means the American petroleum institute API standard number 653; fifth edition, containing standards for the alteration or reconstruction of welded steel tanks for oil storage.

(D) "Authorized inspector" means an employee of an authorized inspection agency who is certified by the American petroleum institute under appendix D - authorized inspector certification, of the "API 653 standard."

(E) "Authorized inspection agency" means:

(1) An insurance company licensed in the state of Ohio to write property and liability insurance for owners of permanent storage vessels erected on site;

(2) An independent organization that contracts for inspection services on permanent storage vessels erected on site;

(3) Any governmental entity having regulatory authority over permanent storage vessels erected on site; or

(4) An owner or operator of a permanent storage vessel erected on site that has on staff an authorized inspector who has autonomous authority within the organization in the performance of his duties as an authorized inspector.

(F) "Appurtenances" means plumbing, pumps, valves, gauges, fittings, seals, hoses, metering devices, mixing containers, and portable manufacturing units which are connected to a permanent storage vessel, or which are used to transfer bulk liquid fertilizer into or out of a permanent storage vessel.

(G) "Baseline inspection" means an internal and external inspection done in accordance with the "API 653 standard" establishing the condition of a permanent storage vessel erected on site and used to determine the vessel's suitability for the storage of liquid fertilizer.

(H) "Dimension ratio" or "DR" means the dimension ratio is equal to the average outside diameter divided by minimum wall thickness.

(I) "Director" means the director of the Ohio department of agriculture or an authorized representative.

(J) "Discharge" means the unintentional spilling or leaking, without regard to cause, of bulk liquid fertilizer outside a secondary containment facility; and the unintentional spilling or leaking, due to a mechanical or structural failure within a secondary containment facility.

(K) "Generally accepted engineering standards and practices" means the usual and customary principles and methods employed by engineers for the analysis, design and construction of permanent storage vessels and piping systems. Such standards and practices shall include, where applicable, the standards of American petroleum institute, American water works association, plastic pipe institute, American society of mechanical engineers, American society for testing and materials international, and American national standards institute.

(L) "Erected on site" means the construction or reconstruction of a permanent storage vessel at the site where it is in use.

(M) "Liquid fertilizer" means any fluid containing plant nutrients used to improve the quality or quantity of plant growth but does not include anhydrous ammonia.

(N) "Hydrostatic Testing" means testing for leaks by pressurizing the piping with water or fertilizer at a pressure higher than normal operating pressure.

(O) "Permanent storage vessel" means a tank having a capacity of more than five thousand gallons or a combination of tanks at one location having an aggregate capacity of more than five thousand gallons, used or intended to be used for storage of liquid fertilizer for more than an aggregate of thirty days in any calendar year.

(P) "Pit storage" means any structure used for the storage of bulk liquid fertilizer which uses an impermeable lining material and earthen walls, in the form of a pit, trench, dike, or other excavation, either alone or in conjunction with any other structure, to store bulk liquid fertilizer.

(Q) "Secondary containment facility" means a permanent dike enclosing the area around one or more permanent storage vessels, for the purpose of containing within its perimeter the contents of the permanent storage vessel in the event of a discharge and includes the surface area enclosed within the dike.

(R) "Standard dimension ratio" or "SDR" means the dimension ratio is equal to the average outside diameter divided by minimum wall thickness.

(S) "Storage facility" means any premises where one or more permanent storage vessels are located.

Last updated April 1, 2025 at 7:55 AM

History

• Effective: April 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-2-11

The owner or operator of an underground piping system is responsible for and shall ensure that all new underground liquid fertilizer piping systems comply with this rule and shall maintain all records required by paragraph (D) of rule 901:5-2-07 of the Administrative Code.

If the underground piping system is to be used and designed as pressure piping without secondary containment, a professional engineer must certify, by letter to the department, that the underground piping system as designed meets the following requirements:

(A) The department shall be notified by the owner prior to:

(1) Beginning construction of a new liquid fertilizer underground piping system; or

(2) Conducting repair, upgrade, modification or replacement of any existing fertilizer underground piping system.

(B) All underground piping systems shall be constructed as follows:

(1) Piping is permitted without secondary containment provided that one of the following "ASTM international standards" are met:

(a) The piping is made of 304 or 316 stainless steel pipe per ASTM A 312 minimum schedule 10;

(b) Chlorinated poly(vinyl chloride) (CPVC) plastic pipe per ASTM F 442 and the DR not to exceed 17;

(c) High density polyethylene (HDPE) plastic pipe per ASTM D 2250-21 with a DR not to exceed 17;

(d) Poly(vinyl choride) (PVC) plastic pipe per ASTM D 2241-20 and DR not to exceed 17;

(e) Carbon steel pipe per ASTM A 53 minimum schedule 40, coated and wrapped; or

(f) Carbon steel pipe per ASTM A 53 minimum schedule 80, unprotected.

(2) All appurtenances shall be made of materials recommended by the manufacturer or materials specified in applicable standards for the type of liquid carried.

(3) Generally accepted engineering standards and practices, as defined in paragraph (K) of rule 901:5-2-01 of the Administrative Code, shall be followed for any pipe material used. Such standards and practices shall also be followed with regard to the trench, soil, backfill, pipe design, connections, secondary containment, supports, and adaptations to facilities for hydrostatic testing.

(4) The underground piping system shall be constructed so that hydrostatic testing can be performed.

(C) Hydrostatic testing:

(1) Hydrostatic testing shall be done to ensure the integrity of any underground piping system.

(2) Hydrostatic testing shall be conducted twice per calendar year at a minimum of six month intervals; or

(3) Hydrostatic testing shall be conducted upon request of the department if the department has reason to believe that the system has been compromised.

(4) The method of hydrostatic testing for all underground piping system materials shall be ASTM F 2164-21, unless the owner or operator has certification from a professional engineer that the standard used meets or exceeds ASTM F 2164-21.

(a) If the system fails to meet the requirements set forth in ASTM F 2164-21, then the owner or operator must report said failure to the department within forty-eight hours upon finding such failure; and

(b) The system must be repaired, modified or replaced immediately.

(5) A calibrated test gauge must be used for testing.

Certification of the test gauge must be traceable to the standards of NIST.

(6) The pressure application tap and pressure gauge taps for hydrostatic testing must be labeled as such.

(D) Pneumatic or pressurized air testing is prohibited.

(E) If the underground piping system does not meet the requirements as set forth in this rule secondary containment is required. Secondary containment shall be a pipe within a pipe that drains into a sump collection that can be inspected for leakage. The secondary collection and sump shall be protected against the collection of rainwater, runoff, and groundwater; and

(F) The transfer pipe must be one identified in the ASTM standards referenced in paragraphs (B)(1)(a) to (B)(1)(f) of this rule.

(G) All materials incorporated or referenced in this rule can be found in rule 901:5-2-01 of the Administrative Code.

Last updated April 1, 2025 at 7:56 AM

History

• Effective: April 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-2-02 Compliance with design requirements.

(A) No person shall construct or cause to be constructed any new permanent storage vessel unless:

(1) The plans and specifications for the secondary containment facility have first been approved by the director of agriculture;

(2) It meets the design requirements of paragraph (A) of rule 901:5-2-03 of the Administrative Code;

(3) It is sited within a secondary containment facility which meets the design requirements of paragraph (C) of rule 901:5-2-03 of the Administrative Code;

(4) It complies with all applicable zoning regulations, building standards, and fire codes.

(B) The director shall notify each applicant within thirty days after receipt of the construction plans for new storage vessels as to approval or disapproval of the submitted construction plans;

(C) No person shall continue in service any pit storage structure unless it meets all of the following:

(1) It is constructed with a second impermeable lining material between the earthen walls, the ground, and the impermeable material in direct contact with the liquid fertilizer;

(2) It is constructed with a tiled drainage field between the second impermeable liner and the impermeable liner in direct contact with the liquid fertilizer, and the drain field empties into a sump equipped with a pump and

(3) The pump automatically empties the sump and either returns any leakage to the pit or to a tank built to the same standards required for primary storage vessels.

(D) No person shall construct or cause to be constructed any new pit storage facilities. Any pit storage structures remaining in service under paragraph (C) of this rule will be taken out of service permanently at the end of the useful life of the current primary liner.

Last updated April 1, 2025 at 7:55 AM

History

• Effective: April 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-2-03

(A) Permanent storage vessels:

(1) Shall be constructed entirely of materials recommended by the manufacturer or specified in applicable standards for use with the type of liquid to be stored in the vessel;

(2) Shall be designed according to generally accepted engineering standards and practices for liquid storage vessels and shall take into consideration the full hydrostatic head pressure, pressure buildup from pumps and compressors, and other mechanical stresses to which the storage vessel may be subject in the foreseeable course of operation;

(3) Shall be equipped with a lockable liquid level gauging device unless another means of reliably and readily measuring the liquid level of the vessel has been approved by the director;

(4) Shall be secured as necessary to prevent flotation or instability as a result of liquid accumulation within the secondary containment facility;

(5) Shall have stenciled on them in a location clearly visible the design capacity of the vessel and the identity of its contents;

(6) Shall be equipped with a lockable shutoff valve.

(B) Appurtenances of permanent storage vessels:

(1) All appurtenances necessary for loading and unloading shall be located within a secondary containment facility or have their own means of secondary containment; except hoses and permanent above-ground piping meeting the requirements of paragraphs (C)(1)(a) to (C)(1)(e) of rule 901:5-2-11 of the Administrative Code. However, the pipe specified in paragraph (C)(1)(e) of rule 901:5-2-11 of the Administrative Code does not have to be coated and wrapped;

(2) All hoses used for loading and unloading shall be equipped with shut-off valves at each end;

(3) All pipes and hoses shall be adequately supported to prevent sagging and shall be protected against risk of damage by vehicles engaged in loading and unloading;

(4) All appurtenances shall be made entirely of materials recommended by the manufacturer or specified in applicable standards for use with the type of liquid they will carry and the type of materials used in the vessels and other appurtenances.

(C) Secondary containment facilities for permanent storage vessels:

(1) Shall have a volumetric capacity of not less than ten per cent greater than the volume of the largest storage vessel within the secondary containment facility. Volumetric capacity shall be calculated by multiplying the surface area enclosed by the dike by the height of the dike minus the volume of the portions of the other permanent storage vessels within the dike which would be submerged;

(2) The base of any permanent storage vessel over fifteen feet in height shall be no less than four feet from the inside base of the secondary containment facility dike;

(3) The dike and surface area enclosed within it shall be constructed of materials compatible with the material they are to contain, be designed to withstand a full hydrostatic head of any discharged liquids, have a resistance to vertical and horizontal liquid movement that does not exceed a rate of 1 x 10^-5 centimeters per second (thirty-five hundredths of an inch per day) for the liquids they are to contain and have no open drains.

Last updated April 1, 2025 at 7:55 AM

History

• Effective: April 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-2-04 Inspection, maintenance alteration, repair and reconstruction.

(A) Every owner of one or more permanent storage vessels shall:

(1) Once each week:

(a) Check all liquid level gauging equipment to ensure it is functioning properly;

(b) Check roof drains for obstructions;

(c) Check vents and pressure-relief devices for obstructions;

(d) Check electrical grounding lines and connections for integrity;

(e) Visually inspect the dike of the secondary containment facility for erosion, cracks and deterioration;

(f) Check and record the liquid level of each permanent storage vessel when it contains any product.

(2) Once each month:

(a) Visually inspect all exterior surfaces, welds, rivets/bolts, and foundations of permanent storage vessels;

(b) Inventory all spill control equipment and emergency response equipment.

(3) Once every twelve months, for vessels built to the API 650 standard, inspect the exterior of storage vessels in accordance with the API 653 inspection check list, or if the vessel is built to exceed the API 650 standard, in accordance with the inspection protocols and standards submitted pursuant to paragraph (A)(1)(b)(ii) of rule 901:5-2-10 of the Administrative Code.

(4) For permanent storage vessels other than those erected on site, once every five years inspect the interior of the storage vessel in accordance with the API 653 inspection checklist.

(5) For permanent storage vessels equipped with a bladder, the bladder shall be inspected:

(a) Upon installation;

(b) Every five years thereafter; or,

(c) Two years after repair, alteration, or replacement and every five years thereafter.

(B) Every owner of one or more permanent storage vessels shall:

(1) Maintain the permanent storage vessels, secondary containment facilities, and hoses, pipes, and fittings to the extent necessary to ensure they are free from rust, corrosion, galling, cracking, or any other structural deterioration or damage which affects their strength or watertight integrity;

(2) Maintain in working order all valves, pumps and other mechanical appurtenances;

(3) Grade and drain permanent storage vessel foundations to insure that moisture and debris do not accumulate at the base of the vessel;

(4) For all permanent storage vessels set on a concrete foundation, seal the vessel floor and foundation interface to provide a moisture barrier.

(C) All welded repairs to permanent storage vessels shall be made in accordance with the vessel's original design specifications. When the original design specifications are unknown, weld repairs shall be made in accordance with API 653 and shall comply with the impact toughness requirements of API 650;

(D) All materials used in the repairs of permanent storage vessels shall conform to the vessel's original design specifications. When the original design specifications are unknown, the repair material shall conform to the requirements of API 653 and the impact toughness requirements of API 650.

(E) All stress analysis of a permanent storage vessel done to determine the safety of a vessel shall be done using a specific gravity of 1.50. A lower specific gravity may be used only if use of the vessel is limited to the storage of liquid fertilizers with a specific gravity which does not exceed the actual specific gravity used in the stress analysis.

(F) All permanent storage vessels erected on site that are dismantled and reconstructed at a different site shall be dismantled and reconstructed in accordance with the API 653 standard.

Last updated April 1, 2025 at 7:55 AM

History

• Effective: April 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-2-10

(A) No person shall either erect on site or cause to be erected on site a new permanent storage vessel unless:

(1) It is built to:

(a) The API 650 standard; or

(b) Exceed the API 650 standard. If the vessel is to be built to exceed the API 650 standard, plans and specifications for the vessel shall be submitted to the director prior to installation of the vessel. The plans and specifications submitted under this section shall include documentation prepared by a professional engineer registered under Chapter 4733. of the Revised Code of the following:

(i) That the permanent storage vessel to be installed exceeds the API 650 standard;

(ii) The inspection schedule, protocol, and standards against which the integrity of the permanent storage vessel shall be measured during those inspections over the lifetime of the vessel; and

(iii) The protocol and specifications required for proper repairs to the permanent storage vessel.

(2) The storage vessel and appurtenances meet the requirements of paragraphs (A) and (B) of rule 901:5-2-03 of the Administrative Code;

(3) It is sited within a secondary containment facility, which meets the requirements of paragraph (C) of rule 901:5-2-03 of the Administrative Code;

(4) The plans and specifications for the secondary containment facility have first been approved in accordance with rule 901:5-2-02 of the Administrative Code by the director of agriculture; and

(5) It complies with all applicable zoning regulations, building standards, and fire codes; and, any permits required by state or federal law have been issued.

(B) The director shall notify each applicant within thirty days after receipt of the plans and specifications for the containment facility that they have either been approver or disapproved.

(C) Before the vessel may be used for liquid fertilizer storage the owner shall obtain a written verification from an authorized inspector stating that the vessel, as installed, is in compliance with the paragraph (A)(1) of this rule. The written verification shall be kept on the property where the vessel is located and a copy shall be submitted to the Ohio department of agriculture.

(D) For permanent storage vessels:

(1) Built to API 650 standards, after the date an initial written verification of compliance is issued for a new permanent storage vessel erected on site the vessel shall be reinspected every ten years in accordance with and shall comply with the requirements of:

(a) Paragraph (B) of rule 901:5-2-09 of the Administrative Code; or,

(b) If a permanent storage vessel erected on site does not meet the API 650 standard, the owner of the vessel shall obtain from the authorized inspector written verification indicating non-compliance and listing each item not in compliance with the API standard 650. The owner shall notify the department of the non-compliance and neither the owner nor any other person shall use the vessel to hold liquid fertilizer until the vessel is brought into compliance and a written verification is issued by an authorized inspector stating the vessel is in compliance with the API 650 standards. When a written verification of compliance is issued it shall be kept on the property where the vessel is located.

(2) Built to exceed API 650 standards, after the date an initial written verification of compliance is issued for a new permanent storage vessel erected on site, the vessel shall be reinspected in accordance with the schedule, protocol and standards for inspection submitted pursuant to paragraph (A)(1)(b)(ii) of this rule. If the vessel does not meet the standard to which it was built, the owner of the vessel shall obtain from the authorized inspector written verification indicating that non-compliance and listing each item not in compliance with the standard documented under paragraph (A)(1)(b) of this rule. The owner shall notify the department of the non-compliance and neither the owner nor any other person shall use the vessel to hold liquid fertilizer until the vessel is brought into compliance and a written verification is issued by an authorized inspector stating the vessel is in compliance with the standards under which it was built. When a written verification of compliance is issued it shall be kept on the property where the vessel is located.

If an authorized inspector determines that a shorter inspection interval is necessary, subsequent inspections shall be conducted in accordance with that interval.

Last updated April 1, 2025 at 7:55 AM

History

• Effective: April 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-2-05 Operations.

(A) During all operations involving the transferring or mixing of liquid fertilizer carried on at a storage facility, a suitable means of containment including, but not limited to, collection pans, pads, and dikes shall be placed under each valve, coupling, and pump located outside a secondary containment facility. Each collection device must be able to contain any foreseeable leaks or spills which may occur during transferring or mixing of liquid fertilizer.

(B) An individual familiar with the operation of the mechanical appurtenances in use at the facility and familiar with the procedures to be used for control and recovery of discharges shall be present during all transfer and mixing operations.

(C) All transfer and mixing operations shall be stopped in the event a discharge occurs and may not be resumed until the cause of the discharge is corrected and all discharges are recovered.

(D) All wash water and rinsates from equipment cleaning and fertilizer handling or any other operation carried on at a storage facility shall be collected using a containment method, device, or structure adequately sized to prevent spillage onto unprotected areas. No collected liquid or material shall be discharged to any watercourse, storm sewer, field tile, or sanitary sewer. All rainwater collected within the diked area must be shown not to be in violation of current water quality standards before it can be disposed of through field tile, sewer, or any watercourse.

(E) All permanent storage vessels which are or will be out of service for more than six months due to deterioration or leaks, or out of service for more than two years for any reason shall be thoroughly cleaned, all hatches shall be left open, and valves and connections shall be severed and sealed.

(F) No permanent storage vessel shall be filled with any liquids other than those which are compatible with the materials used in the construction of the permanent storage vessel nor filled beyond the capacity for which it is designed, taking into account the density of the liquid being stored and thermal expansion during storage.

(G) Non-pressurized nurse tanks shall not be used for storage of liquid fertilizer for more than thirty consecutive days.

(H) No person shall fill or cause to be filled any permanent storage vessel which fails to meet the requirements of Chapter 901:5-2 of the Administrative Code.

Last updated September 18, 2025 at 1:07 PM

History

• Effective: November 12, 2001
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-2-06 Control and recovery of discharges.

(A) Every owner of a permanent storage vessel:

(1) Shall prepare a written discharge response plan for the storage facility. The operator shall keep the plan current at all times. A copy of the plan shall be kept readily available at the storage facility and at the nearest local office from which the storage facility is administered, and shall be available for inspection and copying by the department. The plan shall include:

(a) The identity and telephone number of the persons or agencies who are to be contacted in the event of a discharge, including persons responsible for the stored fertilizer;

(b) An identification of each type of liquid bulk fertilizer stored at the storage facility;

(c) An identification, by location, of every storage container located at the storage facility, and the type of liquid bulk fertilizer stored in each storage container;

(d) For each type of liquid bulk fertilizer stored at the facility, the procedures to be used in controlling and recovering, or otherwise responding to a discharge;

(e) Procedures to be used in disposing of a recovered discharge;

(2) Shall have available at each facility:

(a) Ready access to pumps and recovery containers of sufficient size and capacity to recover any discharges;

(b) A sufficient quantity of absorbent materials suitable for the control and cleanup of smaller discharges;

(3) Shall train a suitable number of persons employed at the facility in discharge response procedures in accordance with the plan required under paragraph (A) of this rule.

(B) Discharges at a storage facility shall be promptly recovered, to the maximum extent practical. Pumps, recovery equipment, and recovery containers shall be readily available.

(C) Spills which occur outside containment structures shall be reported by telephone to the national response center and the Ohio environmental protection agency office of emergency management immediately after the discharge is discovered. All applicable local, state, and federal spill reporting requirements shall be met.

Last updated September 18, 2025 at 1:07 PM

History

• Effective: November 12, 2001
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-2-07 Required records.

(A) The following records shall be prepared and maintained on file at every storage facility, or at the nearest local office from which the storage facility is administered:

(1) A record of all discharges at the storage facility, including the date and time of discharge, the type of liquid bulk fertilizer discharged, the volume of the discharge, the cause of the discharge, any action taken to control or recover the discharge, and the method of disposal of any recovered discharge. The discharge record shall be completed on the day the discharge is discovered and shall be promptly updated to show measures taken to control, recover, use, or dispose of the discharge;

(2) A record of the liquid level of each permanent storage vessel measured in compliance with paragraph (A)(1)(f) of rule 901:5-2-04 of the Administrative Code;

(3) A record of all repairs and maintenance work performed on each permanent storage vessel and secondary containment facility. The record shall note the date and nature of the repair or maintenance work done.

(B) In addition to the records required under paragraph (A) of this rule; whenever a permanent storage vessel erected on site, its appurtenances or secondary containment facility , is evaluated, altered, or reconstructed the following information shall be made a part of the record maintained at the storage facility or the nearest local office from which the storage facility is administered.

(1) Calculations used for:

(a) Component evaluation for integrity including brittle fracture considerations;

(b) Re-rating of tank capacities (including liquid levels); and,

(c) Repair and alteration considerations.

(2) Construction and repair drawings.

(3) Any additional support data used, including but not limited to:

(a) Inspections (including component thickness readings);

(b) Material test reports/certification;

(c) Tests performed/results;

(d) Radiographs;

(e) Brittle fraction considerations;

(f) Original tank construction data;

(g) Location and identification;

(h) Description of the tank (diameter, height);

(i) Design conditions (liquid level, specific gravity, allowable stress, unusual design load);

(j) Shell material and thickness by course;

(k) Tank perimeter evaluations;

(l) Construction completion record;

(m) Basis for hydrostatic test exemption.

(C) All records required by this rule shall be maintained for a period of five years.

(D) The owner of an underground piping system shall maintain the following records for the life of the piping system and make them available for inspection and copying by the department upon request. The records shall include:

(1) Type of pipe and design or working pressure;

(2) Method for blinding off the test section and air bleed method, if applicable;

(3) A record of each hydrostatic test conducted, which shall include all of the following:

(a) The name of the system's owner and operator;

(b) The location address of the system;

(c) The name and business address of the person performing the hydrostatic test;

(d) The date, start and stop times for each test;

(e) The identity of each specific pipe on which said test is performed;

(f) Test pressures and adjustments made during test;

(g) Length of each pipe tested;

(h) Amount of pressure lost;

(i) Damage caused by test and location of damage;

(j) Type of liquid used; and

(k) Proof of calibration of test gauge.

(4) A label shall be kept adjacent to the pressure application tap, which shall show the:

(a) Test interval required (i.e. twice per calendar year, at a minimum of six month intervals); and

(b) The hydrostatic test pressure.

Last updated February 10, 2025 at 12:59 PM

History

• Effective: November 24, 2006
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-2-08 Dry fertilizer storage and handling.

(A) Dry fertilizer materials and nonliquid fertilizer shall, if stored for more than thirty days in any calendar year, be stored inside a structure or device having a roof or cover, sidewalls, and a base sufficiently impermeable to prevent contact with precipitation and surface water.

(B) Dry fertilizer materials and nonliquid fertilizer stored for thirty days or less in any calendar year may be stored outdoors provided they are placed on a ground cover sufficiently impermeable to prevent contact with precipitation and surface water and completely covered with a waterproof tarpaulin.

Last updated September 18, 2025 at 1:08 PM

History

• Effective: January 1, 1991
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-2-09 Existing permanent storage vessels erected on site.

(A) Neither the owner nor any other person shall use a permanent storage vessel erected on site and existing on the effective date of this rule to hold liquid fertilizer unless the provisions of this rule have been complied with.

(B) Owners of existing permanent storage vessels erected on site shall;

(1) At least once every ten years have a baseline inspection done on all permanent storage vessels by an authorized inspector to determine if the vessels comply with the API 650 standard. If an authorized inspector determines that a shorter inspection interval is necessary, subsequent base line inspections shall be conducted in accordance with that interval;

(2) Keep on the property where the vessel is located the baseline inspection report for each existing permanent storage vessel erected on site that does not comply with the API 650 standard and provide the department with a copy of the baseline inspection report; and

(3) Notify the department of agriculture of any non-compliance with the API 650 standard and provide the department with a copy of the baseline inspection report.

(C) Owners of an existing permanent storage vessel erected on site that does not comply with the API 650 standard shall not continue to use the vessel for the storage of liquid fertilizer unless within sixty days of date of issuance of the base line inspection report:

(1) They obtain written verification from an authorized inspector stating that, based upon generally accepted engineering standards and practices, the vessel is safe to continue to be used in its present condition for the storage of liquid fertilizer; or

(2) They obtain written verification from an authorized inspector stating that, based upon generally accepted engineering standards and practices, the vessel is safe to continue in use for the storage of liquid fertilizer if the vessel is used in compliance with restrictions or limitations specified by the authorized inspector in his written verification; or

(3) They obtain written verification from an authorized inspector listing, based upon generally accepted engineering standards and practices, the repairs or modifications that are necessary to make the vessel safe for the storage of liquid fertilizer and any measures, limitations, or restrictions which are necessary to make the vessel safe to continue in use while the vessel undergoes repair or modification.

Owners shall provide the department with a copy of each written verification issued.

Last updated April 1, 2025 at 7:55 AM

History

• Effective: April 1, 2025
• Promulgated Under: 119.03

Chapter 901:5-3 Stationary Ammonia Systems

Ohio Adm.Code 901:5-3-01 Definitions.

As used in rules 901:5-3-01 to 901:5-3-14 of the Administrative Code:

(A) "Ammonia" means anhydrous ammonia for use as a fertilizer through a system as defined in paragraph (S) of this rule.

(B) "Approved" means:

(1) Listed by a recognized testing laboratory, or

(2) Recommended by the manufacturer as suitable for use with anhydrous ammonia and so marked, or

(3) Accepted by the director of agriculture.

(C) "Appurtenance" means any equipment which is essential to the operation of a system, including, but not limited to, pumps, compressors, safety devices, liquid level gages, valves, pressure gages, fittings, meters and dispensing devices.

(D) "ASME" means "American Society of Mechanical Engineers".

(E) "ANSI" means "American National Standards Institute, Inc".

(F) "ASTM" means "American Society Testing Materials".

(G) "NFPA" means "National Fire Protection Association".

(H) "Capacity" means the total volume of the container measured in U.S. water gallons, unless otherwise specified.

(I) "Code" means the "Unfired Pressure Vessel Code of the American Society of Mechanical Engineers" ("Section VIII of the ASME Boiler Construction Code"), and the joint code of the "American Petroleum Institute" and the "American Society of Mechanical Engineers" (API-ASME "Code").

(J) "Container" means all vessels, tanks, cylinders, or spheres used for transportation, storage or application of anhydrous ammonia.

(K) "Cylinder" means a container of one thousand pounds water capacity or less.

(L) "Design pressure" is identical to the term "maximum allowable working pressure" used in the "Code".

(M) "DOT regulations" refers to hazardous materials regulations of the U.S. department of transportation ("Title 49--Transportation, Code of Federal Regulations" for shipping containers).

(N) "Farm equipment" means a farm wagon-type tank vehicle of not over three thousand water gallons capacity, used as a field storage "nurse tank" supplying the fertilizer to a field applicator and moved on highways only for bringing the fertilizer from a local source of supply to farms or fields or from one farm or field to another.

(O) "Filling density" means the per cent ratio of the weight of the gas in a container to the weight of water at sixty degrees Fahrenheit that the container will hold. One pound H2O = 27.737 cubic inches at sixty degrees Fahrenheit. For determining the water capacity of the tank in pounds, the weight of a gallon (two hundred thirty-one cubic inches) of water at sixty degrees Fahrenheit in air shall be 8.32828 pounds.

(P) "Gas" means anhydrous ammonia in either the gaseous or liquefied state.

(Q) "Gas mask" means gas masks approved by the "National Institute for Occupational Safety and Health."

(R) The abbreviations "psig" and "psia" refer to pounds per square inch gage and pounds per square inch absolute, respectively.

(S) "Systems" as used in these standards refers to an assembly of equipment consisting essentially of the container or containers with a minimum capacity of five thousand gallons, appurtenances, pumps, compressors, and interconnecting piping; but excludes equipment for:

(1) Manufacturing anhydrous ammonia; or

(2) Underground or refrigerated storage.

(T) The terms "charging", "filling", and "transferring" are used interchangeably and have the same meaning.

(U) "New system" includes any system which is altered to change either the stationary storage capacity, product flow rate, or piping design.

(V) "Safety relief valve" refers to an automatic spring loaded or equivalent type pressure activated device for gas or vapor service characterized by pop action upon opening, sometimes referred to as a pop valve.

(W) "Hydrostatic relief valve" refers to an automatic pressure activated valve for liquid service characterized by throttle or slow weep opening (non-pop action).

(X) An approved instrument evaluation includes hydrostatic, ultrasonic or an x-ray.

Last updated April 1, 2025 at 7:56 AM

History

• Effective: April 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-3-14

(A) Design and construction of containers:

The minimum design and construction for containers shall be in accordance with rule 901:5-3-03 of the Administrative Code.

(B) Mounting of containers:

All containers shall be securely mounted.

(C) Container valves and appurtenances:

(1) Each container shall have a fixed maximum liquid level gage;

(2) The filling connection shall be fitted with combination back-pressure check valve and excess flow valve; one double or two single back-pressure check valves; or a position shut-off valve in conjunction with either an internal back-pressure valve or an internal excess-flow valve;

(3) An excess-flow valve is not required in the vapor connection, provided the controlling orifice is not in excess of seven-sixteenths of an inch in diameter and the valve is a hand-operated (attached hand wheel or equivalent) shut-off valve. To assist in filling applicator tanks, it is permissible to bleed vapors to the open air, providing the preceding requirements are met;

(4) Metering devices may be connected directly to the tank withdrawal valve. A union type connection is permissible between the tank valve and metering device. Remote mounting of metering devices is permissible using hose which meets with the specifications required by rule 901:5-3-08 of the Administrative Code. When the applicator tank is trailed and the metering device is remotely mounted, such as on the tractor tool bar, an automatic break-a-way type, self-closing, coupling must be used; and

(5) No excess-flow valve is required in the liquid withdrawal line provided the controlling orifice between the contents of the container and the outlet of the shut-off valve does not exceed seven-sixteenths of an inch in diameter.

(D) Safety equipment:

Each piece of farm equipment transporting anhydrous ammonia shall carry a container of at least five gallons of water and shall be equipped with rubber gloves and either a full face mask, or a pair of tight-fitting goggles, or one full face shield. The driver shall be instructed in their use and the proper action to take to provide for his safety.

(E) Marking of container:

There shall appear on the rear and both sides of the container in letters at least three inches high the words "ANHYDROUS AMMONIA."

(F) Marking of appurtenances:

(1) All container openings, except safety relief valves, liquid level gaging devices, and pressure gages shall be identified by legend or color code as specified in rule 901:5-3-04 of the Administrative Code; and

(2) Instructions for loading and unloading procedures shall be required on all containers.

Last updated April 1, 2025 at 7:57 AM

History

• Effective: April 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-3-02 Approval of systems.

(A) No person shall:

(1) Construct a new stationary ammonia system before the director of agriculture approves the location and design of the system;

(2) Operate a stationary ammonia system before the director approves the system as to design, construction and operation;

(3) Continue to operate a stationary system after the director determines that continued operation would be a distinct hazard to persons or adjoining property;

(4) Install a used container in a stationary system until he has delivered to the director:

(a) A copy of the manufacturer's data report for the container including the design pressure determined by the ASME code in effect at the time of manufacture and evidence of inspection by an Ohio commission inspector;

(b) A report of inspection made by a representative of the director; and if he deems it necessary;

(c) A report of an approved instrument evaluation of the container made by a qualified inspection firm under the supervision of a representative of the director.

(B) The director shall:

(1) Furnish forms for applications for approval of each site plan and design for any system;

(2) Require each applicant to submit a detailed plumbing diagram of the stationary ammonia system with the identification of all appurtenances used within it; and

(3) Notify each applicant within thirty days after receipt of his application whether or not the application is approved.

Last updated April 1, 2025 at 7:56 AM

History

• Effective: April 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-3-03 Requirements for new construction and original test of containers (including skid containers).

(A) Containers used with systems covered in rules 901:5-3-12 to 901:5-13-14 of the Administrative Code shall be registered with the "National Board of Unfired Vessels" and shall be constructed and tested in accordance with the "Unfired Pressure Vessel Code" of the ASME that is in effect at the time of fabrication except that construction under "Table UW 12" at a basic joint efficiency of under eighty per cent is not authorized.

Containers built according to the code do not have to comply with paragraphs UG 125 to UG 128, and paragraphs UG 132 and UG 133.

(B) Containers exceeding thirty-six inches in diameter or two hundred fifty gallons capacity shall be constructed to comply with one or more of the following additional requirements:

(1) Shall be stress relieved after fabrication in accordance with the code;

(2) Cold formed heads, when used, shall be stress relieved;

(3) Hot formed heads shall be used.

(C) Welding to the shell, head, or any other part of the container subject to internal pressure shall be done in compliance with the code under which the container was fabricated and permanently stamped with the welder's ASME and certification number and date, or, in lieu of the permanent stamping by the welder, a record shall be kept by the manufacturer of welders and welding operators employed on each joint which shall be available to the inspector. Other welding is permitted only on saddle plates, lugs, or brackets attached to the container by the container manufacturer.

(D) All containers shall be inspected by a person having a current certificate of competency from the "National Board of Boiler and Pressure Vessel Inspectors." A report from an Ohio commission inspector shall also be required.

Last updated April 1, 2025 at 7:56 AM

History

• Effective: April 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-3-12

(A) Container valves and accessories, filling and discharge connections:

(1) Each filling connection shall be provided with combination back-pressure check valve and excess flow valve; one double or two single back-pressure check valves; or a positive shut-off valve in conjunction with either an internal back-pressure check valve or an internal excess flow valve;

(2) All vapor and liquid connections, except safety-relief valves and those specifically exempt in rule 901:5-3-06 of the Administrative Code shall be equipped with approved excess flow valves; or in lieu thereof, may be fitted with approved quick-closing internal valves which, except during operating periods, shall remain closed;

(3) Each storage container shall be provided with a pressure gage graduated from zero to four hundred psig. Gages shall be designated for use in ammonia service;

(4) All containers shall be equipped with an approved vapor return valve; and

(5) All containers shall be equipped with a fixed maximum liquid level gage.

(B) Safety relief devices:

Every container shall be provided with one or more safety relief valves of spring-loaded or equivalent type and shall comply with the following:

(1) The discharge from safety relief valves shall be directed away from the container upward and unobstructed to the open air. Vent pipes shall not be restrictive or smaller in size than the safety relief valve outlet connection. All safety relief valve discharges shall have suitable rain caps that will allow free discharge of the vapor and prevent the entrance of water. Suitable provision shall be made for draining condensate which may accumulate; and

(2) If desired, vent pipes from two or more safety relief devices located on the same unit, or similar lines from two or more different units, may be run into a common header, provided the cross-sectional area of such header is at least equal to the sum of the cross-sectional areas of the individual vent pipes.

(C) Installation of storage containers:

(1) Containers shall be provided with substantial reinforced concrete footings and foundations or structural steel supports mounted on reinforced concrete foundations. In either case, the reinforced concrete foundations or footings shall extend below the established frost line and shall be of sufficient width and thickness to support the total weight of the containers and contents adequately. The foundation shall maintain the lowest point of the tank at not less than eighteen inches above the ground. Floating type foundations shall also be acceptable providing the foundations are designed to adequately support the tank, contents and pumping equipment;

(2) Horizontal aboveground containers shall be mounted on foundations in such a manner as to permit expansion and contraction. Every container shall be supported so as to prevent the concentration of excessive loads on the supporting portion of the shell. The bearing afforded by the saddles shall extend over at least one third of the circumference of the shell. Suitable means for preventing corrosion shall be provided on that portion of the container in contact with the foundations or saddles;

(3) Distance between containers shall be at least five feet, end to end or side to side; and

(4) Only two supports shall be used per container.

(D) Marking of containers:

(1) Aboveground uninsulated containers shall have a reflective surface maintained in good condition. White is recommended for painted surfaces, but other light reflecting colors are acceptable; and

(2) Each container or group of containers shall be marked on at least two sides with the words "Anhydrous Ammonia" in sharply contrasting colors with letters not less than three inches high.

(E) Marking of appurtenances:

(1) All container openings, except safety relief valves, liquid level gaging devices, and pressure gages shall be identified by legend or color code as specified in paragraphs (C)(1) and (2) of rule 901:5-3-04 of the Administrative Code; and

(2) Instructions for loading and unloading procedures shall be required at all installations.

(F) Protection of container appurtenances:

(1) Valves and other appurtenances shall be protected against physical damage. Main container shut-off valves shall be kept closed and locked when the installation is unattended. If the facility is protected against tampering by fencing or other suitable means, valve locks are not required; and

(2) Storage containers need not be grounded.

(G) Identification:

A sign shall be displayed in a conspicuous place stating the name, address, and phone number of the nearest representative, agent, or owner of the storage system, an emergency phone number and the phone number of the nearest fire department.

(H) Electrical equipment and wiring:

(1) Electrical equipment and wiring for use in ammonia installations shall be general purpose or weather resistant as appropriate; and

(2) Where concentrations of ammonia in air in excess of sixteen per cent by volume are likely to be encountered, electrical equipment and wiring shall be a type specified by and be installed in accordance with "National Electrical Code," "NFPA 70 (ANSI-C1)," for "Class I, Group D" locations.

Last updated April 1, 2025 at 7:57 AM

History

• Effective: April 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-3-04 Markings on containers and systems.

(A) Container nameplates must be legible, permanently attached to the container and accessible for inspection. Container nameplates shall include markings as prescribed in paragraph (B) unless the container has been issued special permit DOT SP13554 by the United States department of transportation.

(B) Each container covered in rules 901:5-3-12 to 901:5-3-14 of the Administrative Code shall be marked as follows:

(1) With a marking which indicates compliance with the rules of the code under which the container is constructed;

(2) With a notation on the container nameplate when the container is designed for underground installation;

(3) With the name and address of the supplier of the container or the trade name of the container and with the date of fabrication;

(4) With the water capacity of the container in pounds at sixty degrees Fahrenheit or gallons, U.S. standard;

(5) With the design pressure in pounds per square inch gage;

(6) With the wall thickness of the shell and heads;

(7) With marking indicating the maximum level to which the container may be filled with liquid anhydrous ammonia at temperatures between twenty degrees Fahrenheit and one hundred degrees Fahrenheit except on containers provided with fixed maximum level indicators, such as fixed length dip tubes, or containers that are filled by weight. Markings shall be in increments of not more than ten degrees Fahrenheit;

(8) With the outside surface area in square feet;

(9) With minimum temperature for which the container is designed;

(10) Marking specified on container shall be on the container itself or on a nameplate permanently affixed thereto;

(C) All main operating valves on permanently installed containers having a capacity of over three thousand water gallons shall be identified to show whether the valve is in liquid or vapor service. The method of identification shall be legend or color code as specified in:

(1) Legend: The legend "LIQUID" (or "LIQUID VALVE"), or "VAPOR" (or "VAPOR VALVE"), as appropriate, shall be placed on or within twelve inches of the valve by means of a stencil, tag, or decal;

(2) Color code: Liquid valves shall be painted Omaha orange or equivalent and vapor valves shall be painted safety yellow or equivalent. The legend "OMAHA ORANGE LIQUID", or "SAFETY YELLOW VAPOR" shall be displayed in one or more conspicuous places at each permanent storage location. The legend shall have letters at least two inches high and shall be placed against a contrasting background.

Last updated February 10, 2025 at 1:00 PM

History

• Effective: January 7, 2008
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-3-05 Location of containers.

(A) Consideration shall be given to the physiological effects of ammonia as well as to adjacent fire hazards in selecting the location for a storage container. Containers shall be located outside of any building or in a building or section thereof especially approved for this purpose;

(B) Containers shall be located at least fifty feet from a dug well or other sources of potable water supply;

(C) The location of permanent storage containers shall be outside densely populated areas;

(D) Container locations shall comply with the following table:

(E) Storage areas shall be kept free at all times of readily ignitable materials such as, but not limited to, waste, weeds and long dry grass.

Last updated February 10, 2025 at 1:00 PM

History

• Effective: November 18, 1978
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-3-06 Container appurtenances.

(A) All appurtenances shall be designed for not less than the maximum working pressure of that portion of the system on which they are installed. All appurtenances shall be fabricated from materials proved suitable for anhydrous ammonia service;

(B) All connections to containers except safety relief devices, gaging devices, or those fitted with a no. 54 drill size orifice shall have shut-off valves located as close to the container as practicable;

(C) Excess flow valves where required by these rules shall close automatically at the rated flows of vapor or liquid as specified by the manufacturer. The connections and line including valves and fittings being protected by an excess flow valve shall have a greater capacity than the rated flow of the excess flow valve;

(D) Liquid level gaging devices that require bleeding of the product to the atmosphere and which are so constructed that outward flow will not exceed that passed by a no. 54 drill size opening need not be equipped with excess flow valves;

(E) Openings from container or through fittings attached directly on container to which pressure gage connections are made need not be equipped with excess flow valves if such openings are not larger than no. 54 drill size;

(F) Excess flow and back pressure check valves where required by these rules shall be located inside of the container or at a point outside as close as practicable to where the line enters the container. In the latter case, installation shall be made in such manner that any undue stress beyond the excess flow or back pressure check valve will not cause breakage between the container and the valve;

(G) Excess flow valves shall be designed with a by-pass not to exceed a no. 60 drill size opening to allow equalization of pressures;

(H) Shut-off valves provided with an excess flow valve shall be designed for proper installation in a container connection so that the excess flow valve will close should the shut-off valve break;

(I) All excess flow valves shall be plainly and permanently marked with the name or trade-mark of the manufacturer, the catalog number, and the rated capacity.

Last updated September 18, 2025 at 1:08 PM

History

• Effective: November 18, 1978
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-3-07 Piping, tubing and fittings.

(A) All piping, tubing and fittings shall be made of material suitable for anhydrous ammonia service;

(B) All piping, tubing and fittings shall be designed for a pressure not less than the maximum pressure to which they may be subjected in service;

(C) All piping shall be well supported and provision shall be made for expansion and contraction;

(D) Piping used in systems shall be at least ASTM "A-53 Grade B" seamless electric resistance welded. Such pipe shall be at least "Schedule 40" when joints are welded, or welded and flanged. Such pipe shall be at least "Schedule 80" when joints are threaded. Brass, copper, or galvanized steel pipe or tubing shall not be used;

(E) All metal flexible connections for permanent installations shall have a minimum working pressure of two hundred fifty psig (safety factor of four). For temporary installations, hose meeting the requirements of rule 901:5-3-08 of the Administrative Code shall be used;

(F) Cast iron fittings shall not be used but this shall not prohibit the use of fittings made specifically for ammonia service of ductile iron such as "Specification ASTM A47" or "ASTM A395";

(G) Provisions shall be made for expansion, contraction, jarring, vibration, and for settling;

(H) Adequate provisions shall be made to protect all exposed piping from physical damage that might result from moving machinery, the presence of automobiles or trucks, chemical corrosion or any other undue strain that may be placed upon the piping;

(I) Joint compounds shall be resistant to ammonia. Teflon ammonia resistant tape can be used;

(J) After assembly, all piping and tubing shall be tested and proved to be free from leaks at a pressure not less than the normal operating pressure of the system.

Last updated September 18, 2025 at 1:08 PM

History

• Effective: November 18, 1978
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-3-08

(A) Hose used in ammonia service and subject to container pressure shall conform to the joint "Rubber Manufacturers Association" and "The Fertilizer Institute" "Hose Specifications for Anhydrous Ammonia" "Standard No. M-5."

(B) Hose subject to container pressure shall be designed for a minimum working pressure of three hundred fifty psig and a minimum burst pressure of one thousand seven hundred fifty psig. Hose assemblies, when made up, shall be capable of withstanding a test pressure of five hundred psig.

(C) Hose and hose connections located on the low pressure side of flow control or pressure reducing valves on devices discharging to atmospheric pressure shall be designed for the maximum low side working pressure. All connections shall be designed, constructed, and installed so that there will be no leakage when connected.

(D) Where liquid transfer hose is not drained of liquid upon completion of transfer operations, such hose shall be equipped with an approved shut-off valve at the discharge end.

(E) On all hose one-half inch outside diameter and larger, used for the transfer of anhydrous ammonia liquid or vapor, there shall be etched, cast, or impressed at no less than five-foot intervals the following information:

"Anhydrous Ammonia"

xxx psig (maximum working pressure)

manufacturer's name or trademark

year of manufacture

(F) All hose shall be replaced as recommended by the manufacturer, after evidence of damage, or within five years after date of manufacture if there is no replacement recommendation stamped on the hose.

Last updated April 1, 2025 at 7:56 AM

History

• Effective: April 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-3-09 Safety relief devices.

(A) Every container used in systems covered by rules 901:5-3-12 to 901:5-3-14 of the Administrative Code shall be provided with one or more safety relief valves of the spring-loaded or equivalent type. The discharge from safety relief valves shall be vented away from the container, upward and unobstructed to the atmosphere. All safety relief valve discharge openings shall have suitable raincaps that will allow free discharge of the vapor and prevent the entrance of water. Provision shall be made for draining condensate which may accumulate. The rate of the discharge shall be in accordance with the provisions of "Appendix A, ANSI K61.1-1972;"

(B) Container safety relief valves shall be set to start-to-discharge as follows, with relations to the design pressure of the container:

(C) Safety relief devices used in systems covered by rules 901:5-3-12 to 901:5-3-14 of the Administrative Code shall be constructed to discharge at not less than the rates required in paragraph (A) before the pressure is in excess of one hundred twenty per cent of the maximum permitted start-to-discharge pressure setting of the device;

(D) Safety relief valves shall be so arranged that the possibility of tampering will be minimized. If the pressure setting adjustment is external, the relief valves shall be provided with means for sealing the adjustment;

(E) Shut-off valves shall not be installed between the safety relief valves and the containers or systems described in rules 901:5-3-12 to 901:5-3-14 of the Administrative Code except that a shut-off valve may be used where the arrangement of this valve is such as always to afford required capacity flow through the relief valves.

Note: The above exception is made to cover such cases as a threeway valve installed under two safety relief valves, each of which has the required rate of discharge and is so installed as to allow either of the safety valves to be closed off, but does not allow both safety valves to be closed off at the same time. Another exception to this may be where two separate relief valves are installed with individual shut-off valves. In this case, the two shut-off valve stems shall be mechanically interconnected in a manner which will allow full required flow of one safety relief valve at all times. Still another exception is a safety relief valve manifold which allows one valve of two, three, four or more to be closed off and the remaining valve or valves will provide not less than the rate of discharge shown on the manifold nameplate.

(F) Safety relief valves shall have unrestricted access to the vapor space of the container;

(G) Each safety relief valve used with systems described in rules 901:5-3-12 to 901:5-3-14 of the Administrative Code shall be plainly and permanently marked as follows:

(1) With the letters "AA" or the symbol "NH3";

(2) The pressure in pounds per square inch gage (psig) at which the valve is set to start-to-discharge;

(3) The rate of discharge of the valve in cubic feet per minute of air at sixty degrees Fahrenheit and atmospheric pressure (14.7 psia);

(4) The manufacturer's name or trademark and catalog number and date of manufacture shall be required on all newly installed relief valves. For example, a safety relief valve marked "AA-250-4200" (air) means that this valve is suitable for use on an anhydrous ammonia container; that it is set to start-to-discharge at two hundred fifty psig; and that its rate of discharge is four thousand two hundred cubic feet per minute of air;

(H) The flow capacity of the safety relief valve shall not be restricted by any connection to it on either the upstream or downstream side;

(I) The manufacturer or supplier of a safety relief valve manifold shall publish complete data showing the flow rating through the combined assembly of the manifold with safety relief valves installed. The manifold flow rating shall be determined by testing the manifold with all but one valve discharging. If one or more openings have restrictions not present in the remaining openings, the restricted opening or openings or those having the lowest flow shall be used to establish the flow rate marked on the manifold nameplate. The marking shall be similar to that required in paragraph (G) for individual valves;

(J) A hydrostatic relief valve shall be installed between each pair of shut-off valves in the liquid ammonia piping or hose where liquid may be trapped so as to relieve into the atmosphere at a safe location, or shut-off valves with internal relief shall be used;

(K) Discharge from safety relief devices shall not terminate in or beneath any building.

Last updated September 18, 2025 at 1:09 PM

History

• Effective: November 18, 1978
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-3-10 Safety.

(A) Personnel required to handle ammonia shall be trained in safe operating practices and the proper action to take in the event of emergencies. Personnel shall be instructed to use the equipment listed in paragraph (C) of this rule in the event of an emergency.

(B) If a leak occurs in an ammonia system, the personnel trained for and designated to act in such emergencies shall:

(1) See that persons not required to deal with an emergency are evacuated from the contaminated area;

(2) Put on a suitable gas mask;

(3) Wear gauntlet type plastic or rubber gloves and wear plastic or rubber suits in heavily contaminated atmospheres;

(4) Shut off the appropriate valves and take all feasible measures to resist the flow of ammonia; and

(5) Seek professional assistance, such as a fire department, when necessary to control and/or stop an anhydrous ammonia leak.

(C) All storage systems shall have on hand, as a minimum, the following equipment for emergency and rescue purposes:

(1) One full face gas mask with the unexpired, factory sealed, anhydrous ammonia refill canisters required for use;

(2) One pair of protective gloves;

(3) One pair of protective boots;

(4) One protective slicker and/or protective pants and jacket;

(5) Easily accessible shower and/or at least one hundred fifty gallons of clean water in an open top container;

(6) Tight fitting vented goggles or one full face shield; and

(7) Where several persons are usually present, additional safety equipment shall be required.

(D) Each piece of farm equipment transporting anhydrous ammonia shall carry a container of at least five gallons of water and shall be equipped with rubber gloves and either a full face gas mask, or a pair of tight-fitting goggles, or one full face shield. The driver shall be instructed in their use and the proper action to take to provide for his safety.

(E) If a leak occurs in transportation equipment and it is not practical to stop the leak, the driver should move the vehicle to an isolated location away from populated communities or heavily traveled highways.

(F) If liquid ammonia contacts the skin or eyes, the affected area should be promptly and thoroughly flushed with water for at least fifteen minutes. Do not use neutralizing solutions or ointments on affected areas. Persons exercising control over liquid ammonia shall be responsible for being certain that a physician is consulted for persons who have accidental exposure to liquid ammonia.

Last updated April 1, 2025 at 7:57 AM

History

• Effective: April 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-3-11 Filling and transfer to systems.

(A) Filling densities

(1) The filling densities of containers shall not exceed the following:

(2) If containers are to be filled according to liquid level by any gaging method other than a fixed length dip tube gage, each container should have a thermometer well so that the internal liquid temperature can be easily determined and the amount of liquid and vapor in the container corrected to a sixty degrees Fahrenheit basis.

(B) Transfer of liquids

(1) Anhydrous ammonia shall always be at a temperature suitable for the material of construction and design of the receiving containers;

(2) At least one attendant shall supervise the transfer of liquids from the time the connections are first made until they are finally disconnected;

(3) Flammable gases or gases which will react with ammonia (such as air) shall not be used to unload tank cars or transport trucks;

(4) Containers shall be charged or used only upon authorization of the owner;

(5) Containers shall be gaged and charged only in the open atmosphere or in buildings approved for that purpose;

(6) Pumps used for transferring ammonia shall be recommended and labeled for ammonia service by the manufacturer.

(a) Pumps shall be designed for at least two hundred fifty psig working pressure;

(b) Positive displacement pumps shall have installed, off the discharge port, a constant differential relief valve or a bypass valve discharging into the suction post of the pump through a line of sufficient size to carry the full capacity of the pump at relief valve setting, which setting and installation shall be according to pump manufacturer's recommendations;

(c) On the discharge side of the pump, before the relief valve line, there shall be installed a pressure gage graduated from zero to four hundred psig;

(d) Systems piping shall contain shut-off valves located as close as practicable to pump connections;

(7) Compressors used for transferring ammonia shall be recommended and labeled for ammonia service by the manufacturer;

(a) Compressors shall be designed for at least two hundred fifty psig working pressure. Crank cases of compressors not designed to withstand system pressure shall be protected with a suitable safety relief valve;

(b) Systems piping shall contain shut-off valves located as close as practicable to compressor connections;

(c) A safety relief valve large enough to discharge the full capacity of the compressor shall be connected to the discharge before any shut-off valve;

(d) Compressors shall have pressure gages at suction and discharge graduated from zero to four hundred psig;

(e) Adequate means, such as a drainable liquid trap, shall be provided on the compressor suction to minimize the entry of liquid into the compressor;

(f) Where necessary to prevent contamination, an oil separator shall be provided on the discharge side of the compressor.

(8) Loading and unloading systems shall be protected by suitable devices to prevent emptying of the storage container or the container being loaded or unloaded in the event of severance of the hose. Backflow check valves or properly sized excess flow valves shall be installed where necessary to provide such protection. In the event that such valves are not practical, remotely operated shut-off valves may be installed;

(9) Meters used for the measurement of liquid anhydrous ammonia shall be recommended and labeled for ammonia service by the manufacturer;

(a) Liquid meters shall be designed for a minimum working pressure of two hundred fifty psig;

(b) The metering system shall incorporate devices that will prevent the inadvertent measurement of vapor.

(10) No transfer shall be made directly from a motor transport which exceeds three thousand water gallons in capacity to application equipment;

(C) Tank car unloading points and operations

(1) Provisions for unloading tank cars shall conform to the regulations of the U.S. department of transportation;

(2) Unloading operations shall be performed by reliable persons properly instructed and made responsible for careful compliance with all applicable procedures;

(3) Caution signs shall be so placed on the track or car as to give necessary warning to persons approaching car from open end or ends of siding and shall be left up until after car is unloaded and disconnected from discharge connections. Signs shall be of metal or other suitable material, at least twelve by fifteen inches in size and bear the words "STOP - Tank Car Connected" or "STOP - Men At Work", the word "STOP" being in letters at least four inches high and the other words in letters at least two inches high. The letters shall be white on a blue background;

(4) The track of a tank car siding shall be substantially level;

(5) Brakes shall be set and wheels chocked on all cars being unloaded;

(6) Tank cars of anhydrous ammonia shall be unloaded only at approved locations meeting the requirements of rules 901:5-3-01 to 901:5-3-12 of the Administrative Code.

(D) Liquid level gaging device.

(1) Each container except those filled by weight shall be equipped with an approved liquid level gaging device;

(2) All gaging devices shall be arranged so that the maximum liquid level to which the container is filled is readily determined;

(3) Gaging devices that require bleeding of the product to the atmosphere such as the rotary tube, fixed tube, and slip tube devices, shall be designed so that the maximum opening of the bleed valve is not larger than no. 54 drill size unless provided with an excess flow valve;

(4) Gaging devices shall have a design pressure equal to or greater than the design pressure of the container on which they are installed;

(5) Fixed liquid level gages shall be so designed that the maximum volume of the container filled by liquid shall not exceed eighty-five per cent of its water capacity. The coupling into which the fixed liquid level gage is threaded must be placed at the eighty-five per cent level of the container. If located elsewhere, the dip tube of this gage must be installed in such a manner that it cannot be readily removed;

(6) Gage glasses of the columnar type shall be restricted to stationary storage installations. They shall be equipped with shut-off valves having metallic handwheels, with excess-flow valves, and with extra heavy glass adequately protected with a metal housing applied by the gage manufacturer. They shall be shielded against the direct rays of the sun.

Last updated September 18, 2025 at 1:09 PM

History

• Effective: November 18, 1978
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-3-13 Systems mounted on farm equipment for the delivery of ammonia.

(A) Design and construction of containers:

Containers shall be designed and constructed in accordance with rule 901:5-3-03 of the Administrative Code.

(B) Mounting containers:

(1) A suitable "stop" or "stops" shall be mounted on farm equipment or on the container in such a way that the container shall not be dislodged from its mounting due to the farm equipment coming to a sudden stop. Back slippage shall also be prevented by proper methods;

(2) A suitable "hold-down" device shall be provided which will anchor the container to the farm equipment at one or more places on each side of the container;

(3) When containers are mounted on four-wheel farm equipment, care shall be taken to insure that the weight is distributed evenly over both axles; and

(4) When the cradle and the container are not welded together, suitable material shall be used between them to eliminate metal-to-metal friction.

(C) Container appurtenances:

(1) All containers shall be equipped with a fixed maximum liquid level gage;

(2) All containers with a capacity exceeding two hundred fifty gallons shall be equipped with a pressure gage having a dial graduated from zero to four hundred psig;

(3) The filling connection shall be fitted with combination back-pressure check valve and excess flow valve; one double or two single back-pressure check valves; or a positive shut-off valve in conjunction with either an internal back-pressure check valve or an internal excess flow valve;

(4) All containers with a capacity exceeding two hundred fifty gallons shall be equipped for spray loading or with an approved vapor return valve;

(5) All vapor and liquid connections, except safety relief valves and those specifically exempt in rule 901:5-3-03 of the Administrative Code, shall be equipped with approved excess flow valves or may be fitted with quick-closing internal valves which, except during operating periods, shall remain closed;

(6) Fittings shall be protected from physical damage by means of a rigid guard designed to withstand static loading in any direction equal to twice the weight of the container and lading using a safety factor of two based upon the ultimate strength of the material used. If the guard is fully enclosed, the safety relief valves shall be properly vented through the guard;

(7) If a liquid withdrawal line is installed in the bottom of a container, the connections thereto, including hose, shall not be lower than the lowest horizontal edge of the farm equipment axle; and

(8) Provision shall be made to secure both ends of the hose while in transit.

(D) Marking of container:

There shall appear on each side and on the rear end of the container in letters at least three inches high, the words "ANHYDROUS AMMONIA."

(E) Marking of appurtenances:

(1) All container openings, except safety relief valves, liquid level gaging devices, and pressure gages shall be identified by legend or color code as specified in rule 901:5-3-04 of the Administrative Code; and

(2) Instructions for loading and unloading procedures shall be required on all containers.

(F) Farm equipment:

(1) Any farm equipment shall be securely attached to the vehicle drawing it by means of drawbars supplemented by suitable safety chains;

(2) Any farm equipment shall be constructed so that it will follow substantially in the path of the towing vehicle and will prevent the towed farm wagon from slipping or swerving dangerously from side to side and shall display a slow moving vehicle emblem; and

(3) Each piece of farm equipment transporting anyhydrous ammonia shall carry a container of at least five gallons of water and shall be equipped with rubber gloves and either a full face mask, or a pair of tight-fitting goggles, or one full face shield. The driver shall be instructed in their use and the proper action to take to provide for his safety.

Last updated April 1, 2025 at 7:57 AM

History

• Effective: April 1, 2025
• Promulgated Under: 119.03

Chapter 901:5-4 Fertilizer Applicators

Ohio Adm.Code 901:5-4-01 Definitions.

(A) "Agricultural nutrient training" means the educational programs which satisfy the requirements of rule 901:5-4-03 of the Administrative Code and which have been approved by the director.

(B) "Agricultural production" means the cultivation, primarily for sale, of plants or any parts of plants on more than fifty acres. "Agricultural production" does not include the use of start-up fertilizer applied through a planter.

(C) "Applicator" means an individual who has applied fertilizer.

(D) "Certificate Holder" means a person who has been certified to apply fertilizer under section 905.321 of the Revised Code and rules adopted in this chapter.

(E) "Director" means the director of the Ohio department of agriculture or an authorized representative thereof.

(F) "Department" means the Ohio department of agriculture.

(G) "Farm operator" means a person who owns, leases, rents, or otherwise controls the land which has had fertilizer applied to it.

(H) "Fertilizer" means any substance containing nitrogen, phosphorus, or potassium or any recognized plant nutrient element or compound, which is used for its plant nutrient content or for compounding mixed fertilizers. Fertilizer does not include lime, limestone, marl, unground bone, water, residual farm products, and animal and vegetable manures unless mixed with fertilizer materials or distributed with a guaranteed analysis.

(I) "Fertilizer application records" means the records required to be created and maintained in accordance with paragraph (A) of rule 901:5-4-04 of the Administrative Code.

(J) "Fertilizer certificate" means the certificate issued to a person who has been certified to apply fertilizer by the Ohio department of agriculture under Chapter 905. of the Revised Code and the rules adopted under this chapter.

(K) "Immediate family member" means an individual's spouse, parents, children, grandparents, siblings, grandchildren, brother- in-law, sister-in-law, daughter-in-law, son-in-law, mother-in-law, father-in-law, step-parents, step-children, step-siblings, or a legal guardian.

(L) "Under the instructions and control" means that a certificate holder has instructed an applicator as to when, where, and how to apply fertilizer and is located within twenty-five miles distance or two hours time from the applicator at the time of application of fertilizer.

Last updated February 10, 2025 at 1:00 PM

History

• Effective: December 13, 2014
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-4-03

(A) Each applicant for a fertilizer certificate shall successfully complete a department approved agricultural nutrient training course which, at a minimum, educates the applicant on the following:

(1) The proper times to apply fertilizer, including time of day and time of season;

(2) The proper place to apply fertilizer;

(3) The form of fertilizer that should be applied;

(4) The proper amount of fertilizer to be applied;

(5) The storage and handling of fertilizer; and

(6) The proper fertilizer application techniques.

(B) Each applicant for an initial fertilizer certificate shall complete one of the following educational requirements, if applicable, within twelve months prior to applying for certification:

(1) A minimum of three hours of agricultural nutrient training as set forth in this rule.

(2) Individuals whom have demonstrated that they possess adequate knowledge of the fertilizer training requirements set forth in this rule by successfully passing a fertilizer examination approved by the department within twelve months of applying for certification.

(C) Each applicant whom possesses a valid and current fertilizer certificate and wishes to renew their certificate shall complete one of the following educational requirements:

(1) One hour of agricultural nutrient training as set forth in this rule.

(2) Individuals may demonstrate that they possess adequate knowledge of the fertilizer training requirements set forth in this rule by successfully passing a fertilizer examination approved by the department within twelve months of applying for certification.

(3) Individuals whom have obtained their fertilizer certificate within twelve months of applying for a renewal certificate are not required to complete the renewal educational requirements found in paragraphs (C)(1) and (C)(2) of this rule.

(D) Opportunity to take a fertilizer applicator course will be provided at such times and places as approved by the director in consideration of the number and location of requests for courses.

(E) The following individuals are exempted from the education requirements found in this rule:

(1) Individuals whom have provided evidence that they have completed the training provided in accordance with the "certified crop advisor" program conducted by the "American society of agronomy."

(2) Individuals who hold a valid and current livestock managers certification under section 903.07 of the Revised Code.

Last updated February 10, 2025 at 1:01 PM

History

• Effective: October 1, 2017
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-4-04

(A) All fertilizer certificate holders shall maintain fertilizer application records. For each application of fertilizer applied for the primary purpose of agricultural production, the certificate holder or the applicator acting under their instructions and control shall document the following information within twenty-four hours of application:

(1) The date of the application of fertilizer;

(2) The place of application of fertilizer;

(3) The number of acres applied;

(4) The rate of application of fertilizer;

(5) The total amount of fertilizer applied, by weight or volume;

(6) An analysis of the fertilizer applied;

(7) The name of the individual who applied the fertilizer;

(8) The name of the certificate holder, if applicable;

(9) The soil conditions at the time of the application;

(10) The type of application method (soil injected, incorporated, surface, etc..);

(11) The weather conditions at the time of application, including temperature and precipitation;

(12) The weather forecast for the day following application; and

(13) For surface application only, whether the land at the time of application was frozen and/or snow covered.

(B) All individuals acting under the instructions and control of a certificate holder shall transmit all fertilizer application records to the certificate holder within ten days of application.

(C) Fertilizer application records shall be maintained for a period of three years. If applicable, the employer of a certificate holder may elect to maintain the fertilizer application records. If elected, the employer shall maintain the fertilizer application records for a period of three years even if the employee-employer relationship has ended. The employer must make the records available to the certificate holder and the department of agriculture, upon request.

(D) All fertilizer certificate holders shall transmit all fertilizer application records to the farm operator within thirty days of application.

(E) Fertilizer certificate holders are not required to submit these records to the director, but the records shall be made available to the director or the director's designee for review upon request.

Last updated February 10, 2025 at 1:01 PM

History

• Effective: October 1, 2017
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-4-02 Fertilizer applicator certification.

(A) No person shall apply fertilizer for the purposes of agricultural production unless either of the following applies:

(1) That person has been issued a fertilizer certificate by the director; or

(2) That person is acting under the instructions and control of a certificate holder and is either:

(a) An immediate family member of the certificate holder; or

(b) An individual employed by the same business or farm as the certificate holder.

(B) An applicant shall be issued a fertilizer certificate if the applicant has satisfied the requirements set out in Chapter 905. of the Revised Code and the rules adopted thereunder, and the following have been received by the director:

(1) The fee as set forth in paragraph (D) of this rule;

(2) A completed formal application; and

(3) Certificate showing that the applicant has successfully completed a fertilizer education course as set forth in rule 901:5-4-03 of the Administrative Code.

(C) A completed formal application on a form prescribed by the director shall include the following:

(1) Name of the applicant;

(2) Address of applicant;

(3) Applicant's date of birth;

(4) Name of employer, if applicable;

(5) Address of employer, if applicable;

(6) Phone number of the applicant; and either

(7) Pesticide applicator license number, if applicable; or

(8) The last four digits of the applicant's social security number or date of birth.

(D) The initial fee and the renewal fee for a fertilizer certificate shall be thirty dollars per certification period. These fees are non-refundable. These fees are not applicable to the following individuals:

(1) A person who holds a valid and current commercial applicator license under section 921.06 of the Revised Code; and

(2) A person who holds a valid and current private applicator license under section 921.11 of the Revised Code.

(E) Except for as provided below, the certification period for certificate holders shall commence on the first day of April and shall expire the last day of March of the third year following issuance of the certificate.

(1) The certification period for certificate holders who hold a valid and current commercial applicator license under section 921.06 of the Revised Code shall commence on the first day of October and shall coincide with the certification period associated with their commercial applicator license.

(2) The certification period for certificate holders who hold a valid and current private applicator license under section 921.11 of the Revised Code shall commence on the first day of April and shall coincide with the certification period associated with their private applicator license.

(F) Certificate holders who have completed the renewal education requirements found in paragraph (C) of rule 901:5-4-03 of the Administrative Code but have failed to complete the renewal application process prior to the expiration of their certificate may renew their certificate within one hundred and eighty days after the date of expiration without having to comply with the education requirements of a new applicant found in paragraph (B) of rule 901:5-4-03 of the Administrative Code.

Last updated April 1, 2025 at 7:58 AM

History

• Effective: April 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-4-05 Criteria for decision-making.

The director may deny, suspend, or revoke a fertilizer applicator certificate if the certificate holder or certificate applicant has:

(A) Provided false or misleading information on the application for or renewal application of the fertilizer applicator certificate;

(B) Failed to provide the fee as required in paragraph (D) of rule 901:5-4-02 of the Administrative Code;

(C) Failed to complete the fertilizer applicator education course as outlined in rule 901:5-4-03 of the Administrative Code;

(D) Recklessly applied fertilizer in such a manner that an emergency exists that presents a clear and present danger to human or animal health;

(E) Failed to maintain records as required in rule 901:5-4-04 of the Administrative Code; and

(F) A history of violations of the rules of this chapter.

Last updated February 10, 2025 at 1:01 PM

History

• Effective: December 13, 2014
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-4-06 Annual Tonnage Report.

As required in section 905.36 of the Revised Code all licensees and registrants shall file their annual tonnage report on or before the thirtieth day of November of each calendar year on a form prescribed by the director of agriculture.

Last updated February 10, 2025 at 1:01 PM

History

• Effective: February 7, 2015
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-4-07 Civil Penalties.

(A) Minor violations are events of noncompliance with section 905.326 of the Revised Code that occur only when all of the following parameters are met:

(1) The nutrient value of the fertilizer application is less than ten thousand pounds of nitrogen or six thousand pounds of phosphorous;

(2) The fertilizer application does not pose a significant risk of harm to public health or the environment; and

(3) The fertilizer application has not resulted in any discharge of fertilizer that enters the water of the state.

(B) Major violations are events of noncompliance with section 905.326 of the Revised Code that occur only when any of the following parameters are met:

(1) The nutrient value of the fertilizer application is equal to or more than ten thousand pounds of nitrogen or six thousand pounds of phosphorous;

(2) The fertilizer application poses a significant risk of harm to public health or the environment;

(3) The fertilizer application has resulted in a discharge of fertilizer that enters the water of the state.

(C) Failure to take corrective action as specified by the director or the director's designated representative for any minor violation may be considered a major violation of this rule.

(D) The director may assess a civil penalty for a minor violation of up to two thousand dollars for each day of noncompliance with section 905.326 of the Revised Code.

(E) The director may assess a civil penalty for a major violation of up to ten thousand dollars for each day of noncompliance with section 905.326 of the Revised Code.

(F) All money paid under paragraphs (D) and (E) of this rule shall be deposited into the agricultural pollution abatement fund.

Last updated February 10, 2025 at 1:01 PM

History

• Effective: January 31, 2016
• Promulgated Under: 119.03

Chapter 901:5-5 Agricultural Liming Material

Ohio Adm.Code 901:5-5-01 Definitions.

When used in applying for licenses to manufacture, sell, or distribute agricultural liming material or in advertisements, labels, or invoices for such materials:

(A) "Calcitic limestone" means a product composed chiefly of calcium carbonate with lesser amounts of magnesium carbonate.

(B) "Director" or "director of agriculture" means the director of the Ohio department of agriculture or the director's designee.

(C) "Dolomitic limestone" means a product composed chiefly of carbonates of calcium and magnesium in unimolal proportions.

(D) "Marl" means a granular or loosely consolidated earthy material composed largely of shell fragments and calcium carbonate.

(E) The "carbonate form" of agricultural liming material means the product resulting from the grinding or the crushing of calcitic or dolomitic limestone.

(F) The "hydrate form" of agricultural liming material means the product composed chiefly of calcium and magnesium hydroxides.

(G) The "oxide form" of agricultural liming material means the product resulting from burning calcitic or dolomitic limestone, is composed chiefly of calcium oxide with lesser amounts of magnesium oxide, and is commonly called "burned lime."

(H) The "silicate form" of agricultural liming material means the fused product composed chiefly of calcium and magnesium silicates, and is commonly called "slag."

(1) "Air cooled slag" means the material resulting from solidification of molten slag under atmospheric conditions.

(2) "Granulated slag" means the glassy granular material formed when molten slag is rapidly chilled, as by immersion in water.

(I) "Waste lime" or "by-product lime" means any industrial waste or by-product containing calcium or calcium and magnesium in forms that will neutralize soil acidity.

Last updated February 10, 2025 at 1:01 PM

History

• Effective: October 11, 2018
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-5-02 Tolerances.

Agricultural liming material is mislabeled if the director of agriculture determines after analysis that:

(A) The total neutralizing power of the agricultural liming material is more than five percentage points below the guaranteed neutralizing power; or

(B) The sum of the percentages of calcium and magnesium is more than five percentage points below the sum of the guaranteed percentages for calcium and magnesium; or

(C) The amount of material which passes through any sieve size is more than five percentage points below the percentage guaranteed for that sieve size.

Last updated February 10, 2025 at 1:01 PM

History

• Effective: October 11, 2018
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-5-04 Sampling.

(A) When samples are collected, samples must be taken which represent an average of all parts in a given lot of bulk agricultural liming material and shall avoid surface material, modified or contaminated material, or material from the bottom of the pile of such material.

(B) The director shall not take samples from broken or damaged bags of agricultural liming material.

Last updated February 10, 2025 at 1:02 PM

History

• Effective: October 11, 2018
• Promulgated Under: 119.03

Chapter 901:5-7 Commercial Feeds

Ohio Adm.Code 901:5-7-01 Incorporate by reference.

(A) The Ohio department of agriculture hereby adopts, by reference, the following from the "Association of American Feed Control Officials" (AAFCO):

A copy is available at www.aafco.org/resources/official-publication

(1) Chapter 4 to chapter 6 of the "Official Publication" (2024 edition); and

(2) AAFCO "Feed Inspector's Manual" (2020 edition).

(B) All commercial feed as defined in section 923.41 of the Revised Code shall comply with this rule and rules 901:5-7-02, 901:5-7-05, 901:5-7-07, 901:5-7-08, 901:5-7-10, and 901:5-7-22 of the Administrative Code to determine that feed has been manufactured under such conditions that render the feed safe, unadulterated, and not misbranded.

Last updated April 19, 2024 at 7:45 AM

History

• Effective: April 19, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-7-02

Pursuant to rule 901:5-7-01 of the Administrative Code and under the authority of division (C) of section 923.41 of the Revised Code, the following commodities, when not mixed with other materials, are exempt from the definitions of commercial feed: raw meat, raw poultry, raw animal organs, raw animal glands, raw vegetables, raw fruits, goat milk, hay, straw, stover, silage, cobs, husks, and hulls, provided that those commodities and substances are not adulterated within the meaning of divisions (A) to (F) of section 923.48 of the Revised Code.

Last updated April 19, 2024 at 7:46 AM

History

• Effective: April 19, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-7-05

For the manufacture, distribution, and storage of commercial and customer-formula feeds, the following shall apply:

(A) Housekeeping is to be adequate to prevent contamination or adulteration of feeds and to minimize vermin/pest infestation. When housekeeping is not adequate to prevent contamination or adulteration of feeds, the director of agriculture may invoke a part of or all of section 3715.01 and sections 3715.52 to 3715.72 of the Revised Code to ensure compliance.

(B) Scales used for the manufacture of feed shall:

(1) Have sufficient capacity and dimensions to efficiently and accurately weigh feed and feed ingredients; and

(2) Be tested and sealed at least once annually by one of the following:

(a) Ohio department of agriculture weights and measures division;

(b) County weights and measures division; or

(c) Ohio registered service person or company.

(C) Work areas for the manufacture of feed and the storage area of feed shall not be used for manufacturing or storage of fertilizers, herbicides, insecticides, fungicides, rodenticides, and other pesticides unless the articles are approved for use in the manufacture of animal feeds.

Last updated April 19, 2024 at 7:46 AM

History

• Effective: April 19, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-7-07

All information on labels required by section 923.43 of the Revised Code, and Chapter 901:5-7 of the Administrative Code, adopted thereunder, shall be legible and clearly visible.

Last updated April 19, 2024 at 7:46 AM

History

• Effective: April 19, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-7-08

To be an exempt buyer, one must be an Ohio commercial feed manufacturer within Ohio and distribute commercial feeds or feed ingredients. The director, or his representative, may grant exemption to those who apply and qualify.

Last updated April 19, 2024 at 7:46 AM

History

• Effective: April 19, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-7-10

(A) No person shall transport, distribute, or store bulk feed and feed ingredients unless the product(s) are labeled with the requirements in section 923.43 of the Revised Code.

(B) All purchasers of bulk commercial feed and all transport vehicles of bulk commercial feed shall be provided a label as described in paragraph (A) of this rule.

Last updated April 19, 2024 at 7:47 AM

History

• Effective: April 19, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-7-22

(A) Labeling products containing glucosamine (hydrochloride or sulfate) chrondroitin, hyaluronan and methylsulfonylmethane must follow Ohio commercial feed law labeling requirements.

(B) The amount of the ingredient(s) present must be guaranteed by a guaranteed analysis. Guarantees are to be expressed as a minimum quantity in units consistent with the feeding directions.

(C) The ingredient guarantee(s) must be denoted with an asterisk.

(D) The following qualifying statement must appear immediately after the last guarantee and be in the same size and type as the guarantee:

(1) For dog and cat feed(s): *Not recognized as an essential nutrient by the AAFCO as a food nutrient.

(2) For equine, specialty pet and other specie feed(s): *Not recognized as an essential dietary nutrient.

(E) For equine, the specific source of the glucosamine or chondroitin ingredient(s) must be listed in the ingredient statement.

(F) All products that contain mammalian protein as defined in the bovine spongiform encephalopathy (BSE) rule that is for a species other than dogs or cats, must include the following statement of caution: "DO NOT FEED TO CATTLE OR OTHER RUMINANTS."

(G) No performance claim will be permitted on the label unless the claim has been approved by the FDA.

(H) Labeling dog and cat, specialty pet and equine feed(s) containing cannabidiol's must follow Ohio commercial feed law labeling requirements. The amount of the ingredient present must be stated in milligrams per serving for all cannabinoids (e.g., CBD, etc.) identified on the product label.

Last updated April 19, 2024 at 7:47 AM

History

• Effective: April 19, 2024
• Promulgated Under: 119.03

Chapter 901:5-11 Pesticides

Ohio Adm.Code 901:5-11-01 Definitions.

As used in this chapter of the Administrative Code:

(A) "Anti-siphon device" means a check valve or mechanism used to prevent backflow on any application equipment drawing water directly from any supply. If the anti-siphon device is not a mechanical device it must include a physical air gap of at least two times the diameter of the point of discharge between the water supply and the highest portion of the tank.

(B) "Bulk pesticide" means any registered pesticide which is transported or held in an individual container having a capacity greater than fifty-five U.S. gallons liquid measure or one hundred pounds net dry weight.

(C) "Bulk repackaging" means the transfer of a registered pesticide from one bulk container having a capacity greater than fifty-five U.S. gallons liquid measure or one hundred pounds net dry weight to another bulk container having a capacity greater than fifty-five U.S. gallons liquid measure or one hundred pounds net dry weight in an unadulterated state in preparation for sale or distribution to another person.

(D) "21 C.F.R." means title twenty-one of the Code of Federal Regulations (2022).

(E) "40 C.F.R." means title forty of the Code of Federal Regulations (2023).

(F) "Commercial lawn" means any cultivated turf, public or private, other than residential lawns, cultivated for aesthetic purposes.

(G) "Custom mixes or blends" means any pesticide which is combined with commercial feedstuffs or fertilizers on an individual contract basis, and which is delivered to the customer in total and not stored by the person mixing or blending the ingredients.

(H) "Director" means the director of the Ohio department of agriculture or an authorized representative thereof.

(I) "Drift" means the airborne movement of pesticides beyond the target site during application.

(J) "FIFRA" means the "Federal Insecticide, Fungicide, and Rodenticide Act," 7 U.S.C. 136 et seq., (2023).

(K) "Non-mobile liquid bulk pesticide storage container" means a liquid bulk pesticide container which is not designed by its manufacturer to be readily moved when full of product.

(L) "Pesticide solicitor" means a pesticide business whose sole pesticide business activity is seeking to sell pesticide applications.

(M) "Public lawn" means any cultivated turf, public or private, cultivated for recreational use and includes by way of example but is not limited to golf course play areas, parks, and school yards.

(N) "Registered pesticide business location" or "registered location" means each location associated with a pesticide business that is used for the purpose of engaging in pesticide business activities in the state of Ohio, but does not include the location which is listed as the headquarters of the pesticide business to which the pesticide business license is issued.

(O) "Residential lawn" means cultivated turf within the close of a single- or multi-family dwelling of four units or less.

(P) The pesticide use categories recognized by the director for the purposes of commercial applicator licensing under section 921.06 of the Revised Code are defined as follows:

(1) "Aerial pest control" means the application of pesticides, except fumigants, by aircraft.

(2) "Agricultural pest control" means the application of pesticides to any agronomic and horticultural crops, or to soils being prepared for the production of such crops, for the control of any pests other than vertebrates.

(a) "Agronomic pest control" means the application of pesticides, except fumigants, to agronomic crops for the control of pests other than weeds and vertebrates. This pesticide-use category does not include the application of pesticides for control of pests in ornamental nursery stock or in the production of turf, as defined in paragraphs (P)(6) and (P)(8) of this rule, respectively

(b) "Horticultural pest control" means the application of pesticides, except fumigants, to fruit and vegetable crops for the control of pests other than weeds and vertebrates.

(c) "Agricultural weed control" means the application of pesticides, except fumigants, for the control of weeds in agronomic crops or horticultural crops. This pesticide-use category does not include the application of pesticides for control of weeds in ornamental nursery stock or in the production of turf, as defined in paragraphs (P)(6) and (P)(8) of this rule, respectively.

(d) "Seed treatment" means the application of pesticides, except fumigants, to seed for the control of insects and disease organisms.

(e) "Tobacco sucker control" means the application of growth regulators to tobacco plants for the control of sucker growth.

(f) "Soil fumigation" means the application of fumigants to soil for the control of soil-inhabiting pests.

(3) "Aquatic pest control" means the application of pesticides to standing or running water, for the control of undesirable vegetation or animals, but does not include uses covered by commercial pesticide-use category as defined in paragraph (P)(10)(d) of this rule.

(a) "General aquatic pest control" means the application of pesticides to standing or running water, other than swimming pools, for the control of aquatic pests.

(b) "Boat antifoulant" means the application of restricted-use antifoulants to boats for the control of undesirable organisms.

(c) "Sewer root control" means the application of restricted-use pesticides to sewer pipes for the control of tree roots.

(4) "Forest pest control" means the application of pesticides to forested areas or forest products for the control of pests other than vertebrates.

(a) "General forest pest control" means the application of pesticides, except fumigants, to forested areas for the control of tree pests and weeds, and for the selective elimination of unwanted wood species as a forest management practice.

(b) "Wood preservation" means the application of pesticides, except fumigants, to wood products such as crossties, poles, shingles, posts or other wood products that are not part of a structure when treated and are or will be exposed to insects, fungi, marine pests, or weather. This category does not include the treatment for the control of termites and other wood destroying organisms in houses or in an area as a pretreatment prior to the construction of a structure.

(5) "Industrial vegetation control" means the application of pesticides, except fumigants, to non-agricultural lands, such as roadways, public water courses, utility rights-of-way, or in close proximity to industrial sites, power stations, parking lots or similar areas for the control or eradication of unwanted vegetation. This category also covers the use sites as defined in paragraph (P)(6)(c) of this rule, "ornamental weed control."

(6) "Ornamental pest control" means the application of pesticides to ornamental plants or areas for the control of any pests except vertebrates.

(a) "General ornamental pest control" means the application of pesticides, except fumigants, to control insects and diseases of exterior ornamental plants and trees, and weeds of exterior ornamental areas such as landscape beds, tree and shrub plantings, sidewalks, driveways, or similar areas.

(b) "Interior plantscape pest control" means the application of pesticides, except fumigants, to control insects, diseases, and weeds of indoor ornamental plants in locations such as homes, offices, shopping malls, stores, or similar sites.

(c) "Ornamental weed control" means the application of pesticides, except fumigants, to exterior ornamental areas such as landscape beds, tree and shrub plantings, sidewalks, driveways, or similar areas for the control or eradication of unwanted vegetation.

(d) "Greenhouse pest control" means the application of pesticides, except fumigants, to control insects, diseases, and weeds of plants grown under glass or plastic cover.

(7) "Vertebrate animal control" means the application of pesticides other than fumigants for the control of pest birds whether within or outside structures, and for the control of rodents and any other vertebrates.

(8) "Turf pest control" means the application of pesticides, except fumigants, to lawns, turf, sod, or to soil areas being prepared for the production of turf for the control of pests except vertebrates. This category also covers the use sites as defined in paragraph (P)(6)(c) of this rule, "ornamental weed control."

(9) "Animal pest control" means the application of pesticides, except fumigants, to domestic animals which are held as agricultural commodities, or to structures in which they are confined, for the control of pests of such animals. (Application of pesticides by licensed veterinarians during the course of their normal practice is specifically exempted by law.)

(10) "Domestic, institutional, structural, and health-related pest control" means the indoor or outdoor application of pesticides to control pests of humans, their dwellings, work spaces, and other structures used or occupied by humans, and the clothing, furnishings, and stored, processed, or manufactured food products contained therein.

(a) "General pest control" means the application of pesticides, except fumigants, in or around human dwellings, industrial plants and business offices, food-handling establishments, schools, hospitals or other institutions, warehouses, grain elevators, or similar buildings to control pests, including rodents, of such structures or of the occupants, furnishings, or provisions of those structures, except for the control of pest birds and termites or fungi.

(b) "Termite control" means the application of pesticides, except fumigants, in or around various structures, or to the ground prior to construction of a structure, for the control of termites and other invertebrate wood-destroying insects.

(c) "Fumigation" means the application of fumigants to structures, or commodities or equipment which are enclosed within structures, or other specially confined areas (including areas temporarily confined expressly for the purpose of fumigation) such as bins, rooms, cargo spaces, and boxcars, for the control of any pests contained within these structures or confined areas.

(d) "Mosquito, house fly, and other vector control" means the application of pesticides, except fumigants, outdoors to control invertebrate pests which are a threat to public health or a nuisance to humans, such as mosquitoes, house flies, chiggers, and ticks.

(11) "Specialized pest control" means the application of pesticides, except fumigants, to the property of others under circumstances not covered by paragraphs (P)(1) to (P)(10) of this rule.

(12) "Wood-destroying insect diagnostic inspection" means the examination of a structure at the request of any party involved in a contemplated real estate transaction to determine if wood destroying insects are present in the structure, if there is evidence they either are or have been present in the structure, or the presence of any visible damage to the structure caused by wood-destroying insects and the generation of a written report of the findings of the examination.

(Q) The pesticide use categories recognized by the director for the purposes of private applicator licensing under section 921.11 of the Revised Code:

(1) "Grain and cereal crops," for applications of restricted-use pesticides, except fumigants, to agronomic field crops including but not limited to corn, grain sorghums, other small grains, soybeans and sweet corn.

(2) "Forage crops and livestock," for applications of restricted-use pesticides, except fumigants, to crops grown primarily for use as hay, forage, fodder, or ensilage, and includes but is not limited to such crops as corn and legumes, and to domestic animals which are held as agricultural commodities and their quarters.

(3) "Fruit and vegetable crops," for applications of restricted-use pesticides, except fumigants, to orchard fruit crops, and small fruits including but not limited to strawberries, brambles and grapes, field-grown vegetables, sugar beets, sweet corn and other horticultural crops grown primarily for human consumption.

(4) "Nursery and forest crops," for applications of restricted-use pesticides, except fumigants, to commercial nursery crops including but not limited to trees, shrubs, grasses and herbaceous plants produced for replanting for their ornamental value or for future fruit production; and tree crops produced for use as Christmas trees or for their utilitarian value.

(5) "Greenhouse crops," for applications of restricted-use pesticides, except fumigants, to crops grown for food production or ornamental value under an impervious surface large enough to permit worker entry.

(6) "Fumigation," for applications of restricted-use fumigants to soil, grain storage, greenhouse areas or any other confined areas.

(7) "Specialty uses," for applications of restricted-use pesticides, except fumigants, for purposes not covered by paragraphs (Q)(1) to (Q)(6) of this rule, including but not limited to applications for wood preservation, aquaculture, seed treatment, sod production, and for controlling pests of tobacco, ponds and non-cropland areas.

Private applicators licensed in the pesticide use categories covered by paragraphs (Q)(1) to (Q)(6) of this rule shall be deemed to be licensed under paragraph (Q)(7) of this rule.

(R) "Wood destroying insects" include termites, carpenter ants, carpenter bees and re-infesting wood boring beetles.

Last updated June 3, 2026 at 9:22 AM

History

• Effective: December 5, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-11-02 Trained servicepersons, safety and restrictions.

(A) Trained servicepersons.

(1) No employee shall act as a trained serviceperson unless, before the employee's first occupational exposure to pesticides, the employee has:

(a) Read the Ohio department of agriculture manual "Safety Training Guide for Trained Servicepersons," or

(b) Completed an employer sponsored training program which provides training equivalent to that provided in the manual.

(2) The employee and the immediate supervisor shall verify in writing that the employee has either read the manual or received equivalent training prior to the employee's first exposure to pesticides. The written verification shall be kept on file by the employer throughout the trained serviceperson's period of employment and for three years following termination of the trained serviceperson's employment. This written verification shall be made available to the director of agriculture for inspection.

(3) No trained serviceperson shall apply pesticides for their employer unless the trained serviceperson is directly supervised by a commercial applicator that is located within either twenty-five miles distance or two hours time to the work site during the trained serviceperson's pesticide application activities.

(B) No person shall:

(1) Use a pesticide except in accordance with the label which is registered with the Ohio department of agriculture, or in accordance with sections 5, 18, or 24(c) of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 136 et seq. and the rules adopted thereunder.

(2) Employ to perform an activity subject to section 921.01 of the Revised Code:

(a) Any person who is forbidden such employment by state or federal labor laws; or

(b) Any person who is mentally incompetent or for any reason is unable to satisfactorily communicate with or understand instructions given by the pesticide applicator.

(3) Permit any person under the age of eighteen years to handle, mix, or load a pesticide displaying on its label the signal words "danger - poison" without on-site supervision by a pesticide applicator.

(4) Permit any person to mix or load pesticides in an area where the light, whether natural or artificial, is insufficient to read the pesticide label and work in a safe manner.

(5) Operate application equipment which draws water from surface waters or public water supplies unless the equipment has an effective anti-siphon device to prevent backflow.

(6) Operate equipment for the application of pesticides, including such auxiliary equipment as hoses and metering devices in such conditions or in such a manner as to result in leakage, spillage, dripping, backflow, vapors, or drift.

(7) Knowingly loan, rent, or permit the use of applicator equipment owned or controlled by that person which does not comply with the requirements described in paragraphs (B)(5) and (B)(6) of this rule, or which has not been thoroughly cleaned in a manner to prevent contamination of a pesticide solution or other formulation by previous use.

(8) Apply pesticide to an area or a crop in such a manner or at such a time that adjacent crops, pasture land, water or other areas will be damaged or contaminated.

(9) Mix, load, or store agricultural pesticides within the perimeter of an agricultural labor camp as defined in section 3733.41 of the Revised Code.

(10) Distribute a restricted-use pesticide to a person who is not:

(a) A licensed pesticide dealer; or

(b) A properly licensed pesticide applicator, unless when making the distribution they receive verification that the ultimate user is a properly licensed pesticide applicator who holds a valid license or certification issued by the state in which the pesticide applicator applies the restricted-use pesticide.

(11) Under authority of division (D) of section 921.16 of the Revised Code, use or cause to be used an ester formulation of 2, 4-D (2, 4-Dichlorophenoxy-acetic acid) within Madison township, Lake county, Ohio.

(12) Apply herbicidal foliage sprays to woody vegetation by aircraft on rights-of-way when the wind velocity exceeds seven miles per hour at eye level.

(13) Drive a moving vehicle while applying an herbicide to roadside vegetation within public right-of-way limits unless the spray is directed by a second person or unless the applicator is using a vehicle equipped with a mounted spray boom which is designed to be operated by the driver.

(14) Apply by aircraft:

(a) Any pesticide without having first obtained licensure for the aerial application pesticide-use category; or

(b) Any rodenticide, avicide, or vertebrate repellent until the proposed application has been jointly approved by the director and by the division of wildlife of the Ohio department of natural resources; the application for such approval shall be submitted to both agencies fourteen days prior to planned treatment and shall include:

(i) The county, township and sections involved;

(ii) A clear description of areas to be treated;

(iii) Inclusive dates of intended operation;

(iv) The name of the pesticide and the formulation to include all active and inert ingredients;

(v) The name of the target pest; and

(vi) The effect which may be expected on non-target species in the area.

(15) Apply or cause to be applied any pesticide that is required to carry a special warning on its label indicating that it is toxic to honey bees, over an area of one-half acre or more in which the crop-plant is in flower unless the owner or caretaker of any apiary located within one-half mile of the treatment site has been notified by the person no less than twenty-four hours in advance of the intended treatment; provided the apiary is registered and identified as required by section 909.02 of the Revised Code, and that the apiary has been posted with the name and telephone number of the owner or responsible caretaker.

(16) Apply pesticides which are hazardous to honey bees at times when pollinating insects are actively working in the target area; however, application of calyx sprays on fruits and other similar applications may be made.

(C) No commercial applicator shall apply fumigants unless the commercial applicator is properly licensed in, and the application is made within, the following pesticide-use categories:

(1) "Soil fumigation" as defined in paragraph (P)(2)(f) of rule 901:5-11-01 of the Administrative Code;

(2) "Fumigation" as defined in paragraph (P)(10)(c) of rule 901:5-11-01 of the Administrative Code; or

(3) "Greenhouse pest control" as defined in paragraph (P)(6)(d) of rule 901:5-11-01 of the Administrative Code.

(D) Pesticide applicators shall:

(1) Provide to trained servicepersons, immediate family members, and subordinate employees working under the pesticide applicator's direct supervision the necessary safety equipment as set forth on the pesticide label or as required by the pesticide being used.

(2) Acquaint trained servicepersons, immediate family members, and subordinate employees working under the pesticide applicator's direct supervision with any special hazards involved with those pesticides with which they might be in contact and instruct them in appropriate precautions to avoid those hazards.

(3) Ensure that trained servicepersons, immediate family members, and subordinate employees working under the pesticide applicator's direct supervision do not apply pesticides in the absence of the supervising pesticide applicator unless the label of the pesticide they are applying is readily available to them at the worksite. The label of the pesticide shall be made available to the director for inspection during the application. Notwithstanding the foregoing, a pesticide applicator shall be present during application of a pesticide by their trained serviceperson, immediate family member or subordinate employee when the pesticide applicator's presence is required by the pesticide label.

(4) Report to the department of agriculture:

(a) By telephone within forty-eight hours after learning of any human illness requiring medical attention resulting from or allegedly resulting from a pesticide used by the pesticide applicator or a trained serviceperson, immediate family member, or subordinate employee working under the pesticide applicator's direct supervision. Such telephone notification shall be followed by a written report within seven calendar days.

(b) By written report within ten calendar days after learning of any property damage in excess of five hundred dollars resulting from or allegedly resulting from a pesticide used by the pesticide applicator or a trained serviceperson, immediate family member, or subordinate employee working under the pesticide applicator's direct supervision.

(5) Not apply a restricted use pesticide whose label requires that notice be given to occupants of nearby properties or that the area to be treated be posted with re-entry times unless those requirements have been met. This requirement is also applicable to all trained service persons, immediate family members, and subordinate employees working under the pesticide applicator's direct supervision.

(6) Provide to each customer and resident of the applied property if requested, or required by the pesticide label, a printed or legibly written statement of the pesticide applied, the amount applied, the date of application, and any other pertinent information as required by the pesticide label. This requirement is also applicable to all trained service persons, immediate family members, and subordinate employees working under the pesticide applicator's direct supervision.

Last updated June 3, 2026 at 9:22 AM

History

• Effective: December 5, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-11-03 Pesticide business license and registered locations.

(A) The initial and renewal fee for each pesticide business license and registered location shall be thirty-five dollars per licensing period. This fee is non-refundable. If an application for license renewal is not postmarked prior to the expiration of the current licensing period as established in paragraph (B) of this rule, this fee shall be increased by fifty per cent.

(B) The licensing period for pesticide businesses shall commence on the first day of October of each year and expire on the last day of September of the following year.

(C) An applicant shall be issued a pesticide business license if the applicant has satisfied the licensing requirements set out in Chapter 921. of the Revised Code and the rules adopted thereunder, and the following have been received by the director:

(1) A completed formal application listing the headquarters of the pesticide business and each registered location;

(2) Proof of financial responsibility as required by paragraph (E) of rule 901:5-11-07 of the Administrative Code. For a license renewal, failure to provide acceptable proof of financial responsibility prior to the first day of October of each year shall cause the fee to be increased by fifty per cent in accordance with paragraph (A) of this rule; and

(3) The fee as set out in paragraph (A) of this rule.

(D) The holder of a pesticide business license may add a registered location to the pesticide business license at any time by submitting an amended application, and the initial licensing fee as set out in paragraph (A) of this rule.

Last updated June 3, 2026 at 9:22 AM

History

• Effective: December 5, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-11-07

(A) Applicability.

(1) Paragraph (B) of this rule shall apply to all pesticide businesses, except pesticide businesses whose activities are limited to:

(a) Conducting wood-destroying insect diagnostic inspections;

(b) Application of boat antifoulants;

(c) Seed treatment; or

(d) Those performed as a pesticide solicitor.

(2) Paragraph (C) of this rule shall apply to pesticide businesses that make wood-destroying insect diagnostic inspections, whether or not that business also applies pesticides.

(3) Paragraph (D) of this rule shall apply to pesticide businesses that conduct aerial pest control applications.

(4) Paragraph (E) of this rule shall apply to all pesticide businesses that are required to maintain financial responsibility under this rule.

(B) Every pesticide business shall have in force a commercial general liability insurance policy and, either a separate professional liability insurance policy or an endorsement covering the properties under the care, custody, and control of the pesticide application business as it relates to the application of pesticides, including but not limited to the damage to the actual properties the pesticide business is treating or working on in each of the pesticide use categories in which the commercial applicators employed by the business are licensed. The policies and endorsements shall:

(1) Provide coverage for each registered location associated with the pesticide business;

(2) Provide coverage for bodily injury, property damage, products, and completed operations due to the application of pesticides at the location applied and for third party claims; and

(3) Contain the following minimum limits of insurance:

(a) Three hundred thousand dollars policy general aggregate;

(b) Three hundred thousand dollars per occurrence limit; and

(c) Three hundred thousand dollars products and completed operations aggregate.

(C) Every pesticide business which is also licensed in the pesticide use category of wood-destroying insect diagnostic inspection shall obtain either a specific liability policy or an endorsement on an existing commercial general liability policy covering claims which arise from errors or omissions in the performance of wood-destroying insect diagnostic inspections. The policy and endorsements shall contain the following minimum limits of insurance:

(1) One hundred thousand dollars policy general aggregate; and

(2) Fifty thousand dollars per occurrence limit.

(D) Every pesticide business that conducts aerial pest control applications shall have in force a comprehensive chemical liability insurance policy for the properties under the care, custody, and control of the pesticide application business as it relates to the application of pesticides from aircraft, including but not limited to the damage to the actual properties the pesticide business is treating or working on. The policy and endorsements shall:

(1) Provide coverage for bodily injury, property damage, products, and completed operations due to the application of pesticides at the location applied and for third party claims; and

(2) Contain the following minimum limits of insurance:

(a) One hundred thousand dollars property damage coverage per occurrence; and

(b) One hundred thousand dollars bodily injury (excluding passengers) coverage for each person; and

(c) Three hundred thousand dollars bodily injury (excluding passengers) coverage per occurrence.

(E) Every person applying for a pesticide business license shall submit with their license application either a certificate of insurance or a binder verifying that they meet the requirements of this rule. The certificate of insurance or binder shall contain:

(1) The name and address of the issuing company;

(2) The name and address of the insured pesticide business;

(3) The name and address of each registered location associated with the insured pesticide business;

(4) The effective date and expiration date of the insurance policy;

(5) The policy number;

(6) A statement verifying that the policy provides the coverage required in paragraphs (B), (C), and/or (D) of this rule;

(7) The limits of insurance; and

(8) A clause which states in the same or similar language: "In the event of cancellation for non-payment, the insurer agrees to advise the Ohio Department of Agriculture, Pesticide Regulation Section, 8995 East Main Street, Reynoldsburg, Ohio 43068, by written notice ten days prior to the effective date of cancellation. If the policy is, for any other reason, canceled, not renewed, or there is a material change the insurer agrees to give the Ohio Department of Agriculture thirty days written notice."

Last updated June 3, 2026 at 9:22 AM

History

• Effective: May 5, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-11-04 Commercial applicator license.

(A) The initial and renewal fee for a commercial applicator license shall be thirty-five dollars per licensing period. This fee is non-refundable. If an application for license renewal is not postmarked prior to the expiration of the current licensing period as established in paragraph (B) of this rule, this fee shall be increased by fifty per cent.

(B) The licensing period for commercial applicators shall commence on the first day of October of each year and expire on the last day of September of the following year.

(C) An applicant shall be issued a commercial applicator license if the applicant has satisfied the licensing requirements set out in Chapter 921. of the Revised Code and the rules adopted thereunder, and the following have been received by the director:

(1) A completed formal application;

(2) Demonstration that the applicant possesses the adequate knowledge and competence to apply pesticides and conduct diagnostic inspections within the pesticide use categories for which the applicant seeks licensure, as set forth in rule 901:5-11-08 of the Administrative Code; and

(3) The fee as set forth in paragraph (A) of this rule.

(D) Nonresident commercial applicators may be exempted from the requirements of paragraph (C)(2) of this rule for those pesticide use categories in which they are currently licensed in another state so long as the following conditions are met:

(1) The nonresident commercial applicator has filed with the director an official copy of the nonresident commercial applicator's valid license which has been verified by the Ohio department of agriculture; and

(2) The Ohio department of agriculture has found that the requirements for obtaining licensure and determining competence in the licensing state are deemed to be substantially equivalent to those in Ohio.

Last updated May 11, 2026 at 11:43 AM

History

• Effective: October 15, 2015
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-11-08

(A) Each applicant for a pesticide applicator license shall show that the applicant possesses adequate knowledge of general pesticide application principles and competence to apply pesticides by passing a general core examination and an additional examination for each applicable pesticide-use category. In addition, each applicant for a commercial applicator license shall demonstrate adequate knowledge and competence to conduct diagnostic inspections within the pesticide-use categories for which the applicant seeks licensure.

(1) Opportunity to take examinations will be provided at such times and places as determined by the director in consideration of the number and location of requests.

(2) A pesticide applicator may apply to broaden their license to include a new pesticide-use category at any time.

(3) In establishing the standards for training and examination of pesticide applicators, the director will be guided by the standards set forth in the "State Plan for Certification of Applicators" as approved by the administrator of the United States department of environmental protection.

(4) Each applicant for licensure as a commercial applicator in the category of wood-destroying insect diagnostic inspection shall submit a valid certificate verifying that they have completed the Ohio wood-destroying insect inspection program.

(5) Applicants who fail to pass the general core examination shall not be issued a license.

(6) Except for private applicators, applicants who fail to pass at least one pesticide-use category examination shall not be issued a license.

(7) Applicants who fail to pass an examination may apply to be re-tested at a pre-arranged time and location, but no earlier than five business days after a previous examination except by special permission of the director.

(8) Applicants who either fail the general core examination or fail to pass at least one pesticide-use category may re-utilize passing scores on either the general core exam or a pesticide use category so long as those scores are not older than one year. If the applicant is unable to obtain licensure within that year, the applicant must pass both a new core examination and a new pesticide-use category examination, even if the applicant had previously received a passing score on either the core or a pesticide-use category examination.

(B) Re-examination shall be required at three-year intervals, except that a pesticide applicator may be exempted from re-examination if they have participated in the minimum amount of approved training during the three years prior to the date of their scheduled re-examination. Notwithstanding the minimum number of hours set forth below, a licensee shall participate in at least one-half hour of training for each pesticide-use category in which they are licensed in order to avoid re-examination in that particular category.

(1) For commercial applicators, the minimum amount of approved training required shall be five hours. Of the five hours, at least one hour shall consist of core training material and at least one-half hour shall consist of training material specific to the pesticide-use category in which the commercial applicator is licensed.

(2) For private applicators:

(a) Licensed in pesticide use categories other than the category of specialty uses, the minimum amount of approved training required shall be three hours. Of the three hours, at least one hour shall consist of core training material and at least one half hour shall consist of training material specific to each pesticide-use category in which the private applicator is licensed.

(b) Licensed only in the category of specialty uses, the minimum amount of approved training required shall be three hours. Of the three hours, at least one hour shall consist of core training material.

(C) In no case shall an applicant be permitted to take an examination or a re-examination unless the applicant has presented at the time of the examination or re-examination a current government-issued photographic identification to the ODA representative administering the examination or re-examination. This paragraph shall not apply to an applicant whose religion does not permit the applicant to be photographed.

Last updated June 3, 2026 at 9:22 AM

History

• Effective: October 15, 2015
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-11-05 Private applicator license.

(A) The initial and renewal fee for a private applicator license is thirty dollars per licensing period.

(B) The licensing period for private applicators shall commence on the first day of April and shall expire on the last day of March of the third year following issuance of the license.

(C) An applicant shall be issued a private applicator license if the applicant has satisfied the licensing requirements set out in Chapter 921. of the Revised Code and the rules adopted thereunder, and the following have been received by the director:

(1) A completed formal application;

(2) Demonstration that the applicant possesses the adequate knowledge and competence to apply pesticides within the pesticide use categories for which the applicant seeks licensure, as set forth in rule 901:5-11-08 of the Administrative Code; and

(3) The fee as set forth in paragraph (A) of this rule.

(D) Nonresident private applicators may be exempted from the requirements of paragraph (C)(2) of this rule for those pesticide use categories in which they are currently licensed in their state of residence if:

(1) The nonresident private applicator has filed with the director an official copy of the nonresident private applicator's valid license; and

(2) A reciprocal agreement has been reached with the licensing state finding that the requirements for obtaining licensure and determining competence in the licensing state are deemed to be substantially equivalent to those in Ohio.

Last updated May 11, 2026 at 11:43 AM

History

• Effective: December 5, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-11-06 Pesticide dealer license.

(A) The initial and renewal fee for a pesticide dealer license shall be thirty-five dollars per licensing period. This fee is non-refundable.

(B) The licensing period for pesticide dealers shall commence on the first day of October of each year and expire on the last day of September of the following year.

(C) An applicant shall be issued a pesticide dealer license if the applicant has satisfied the licensing requirements set out in Chapter 921. of the Revised Code and the rules adopted thereunder, and the following have been received by the director:

(1) A completed formal application; and

(2) The fee as set forth in paragraph (A) of this rule.

Last updated May 11, 2026 at 11:43 AM

History

• Effective: July 1, 2004
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-11-09 Notification requirements for lawn pesticide applicators.

(A) No commercial applicator or trained serviceperson working under the direct supervision of a commercial applicator shall:

(1) Apply any lawn pesticides to residential lawns in any municipal corporation or subdivided area of a township unless the applicator has done all of the following:

(a) They provide the following information in writing to the person on whose property the chemical is being applied. This information shall be provided prior to or at the time of application:

(i) The brand or common name of each lawn pesticide applied;

(ii) The chemical type (fungicide, herbicide, or insecticide);

(iii) Any special instruction on the label of the lawn care pesticide product applicable to the customer;

(iv) The company name and telephone number of the applicator's employer;

(v) The date and time of the application;

(vi) Any other pertinent information as required by the label; and

(vii) A written statement regarding lawn signs posted in accordance with paragraph (A)(1)(c) of this rule which reads as follows: "Lawn posting signs must remain in place for twenty-four hours following lawn application."

(b) The pesticide business has attempted the notification required by paragraph (B)(1) of this rule.

(c) They have placed at conspicuous points, including, but not limited to, common access points on the property to which lawn pesticides have been applied, one or more signs:

(i) The sign shall measure at least five inches by four inches on adjacent sides and be attached to the upper portion of a dowel or other supporting device. The bottom edge of the sign must be at least fourteen inches from the ground and the sign must be weatherproof for twenty-four hours.

The sign shall be in the form and carry the wording and warning symbol illustrated:

The required warning symbol and lettering on the sign shall be in the same proportion as the wording and warning symbol illustrated herein and in proportion to the actual size of the sign. No company logos or other advertising graphics may appear on the face of the sign. The signs posted at access points must be within five feet of the access point.

(ii) The sign shall be placed in plain sight and shall not be obscured by any other object.

(iii) After January 1, 2016, no additional information may appear on the reverse side of the sign unless it is identical to the face of the sign.

(2) Apply any lawn pesticides to commercial lawns in any municipal corporation or subdivided area of a township unless:

(a) They have provided the information required in paragraph (A)(1)(a) of this rule prior to or at the time of the application and the date and approximate time of application with the individual on site who is responsible for administration of the property on which the lawn pesticide is applied; and

(b) They have posted the signs required under paragraph (A)(1)(c) of this rule in the manner prescribed therein.

(3) Apply any lawn pesticides to public lawns in any municipal corporation or subdivided area of a township unless:

(a) They have provided the information required in paragraph (A)(1)(a) of this rule prior to or at the time of the application and the date and approximate time of application to the individual on site who is responsible for administration of the property on which the lawn pesticide is applied. The information required under paragraph (A)(1)(a)(vii) of this rule may be omitted if signs have been permanently placed in accordance with paragraph (A)(3)(b) of this rule;

(b) They have either posted the signs required under paragraph (A)(1)(c) of this rule in the manner prescribed therein or they have permanently placed at common access points to the property a sign no less than eight inches by ten inches with the legend: "PERIODIC APPLICATION OF LAWN PESTICIDES - INQUIRE AT: (location where information may be obtained)." The designated location shall be a site which is accessible to the public during normal hours of operation;

(c) The information in paragraphs (A)(1)(a)(i) to (A)(1)(a)(vi) of this rule must be made available to the public upon request when signs are posted in accordance with paragraph (A)(1)(c) of this rule; and

(d) The information in paragraphs (A)(1)(a)(i) to (A)(1)(a)(vi) of this rule must be obtainable at the location designated on signs which are permanently placed in accordance with paragraph (A)(3)(b) of this rule.

(B) The pesticide business shall, for applications made under paragraph (A)(1) of this rule:

(1) Make a reasonable attempt to provide, on or before the business day preceding the applications, the date and approximate time of application, and the name and telephone number of the pesticide business, to any occupant of a residence whose property abuts the treated property and who has notified the pesticide business in a writing that includes the occupant's name, mailing address, and telephone number, that they wish to receive prior notice of pesticide applications;

(2) Make available to in writing all the information listed in paragraphs (A)(1)(a)(i) to (A)(1)(a)(vi) of this rule to an occupant of a residence whose property abuts the treated property and who contacts the pesticide business following an application made under this rule requesting information about that application; and

(3) Retain for a period of three years the name, address and telephone number of each person who has requested notification under this paragraph. These records shall be complete, current and in a form that accommodates inspection by the director. Prior to deleting these records at the end of three years, the pesticide business shall notify the person that their record is going to be deleted. The pesticide business shall not delete the record for any person who indicates in writing that that they wish to continue receiving notification under this paragraph.

For the purposes of this paragraph, properties which are completely separated from the treated property by a right-of-way, or which share with the treated property a single common point along the perimeters of the properties are not considered abutting properties.

(C) No pesticide business or employee of a pesticide business shall bear liability for the removal by unauthorized persons of the signs required by this rule except that no employee of the pesticide business shall remove the signs for twenty-four hours following lawn pesticide application.

(D) Any information required to be provided under paragraph (A) of this rule may, if the person to whom the information is to be given is absent or inaccessible at the time the attempt is made, be left at that person's place of residence or business.

(E) Paragraphs (A)(1), (A)(2) and (A)(3) of this rule do not apply to any commercial applicator while making the following pesticide applications:

(1) Any application to any property that is an agricultural district or that would meet the eligibility requirements established for an agricultural district under Chapter 929. of the Revised Code, on which agricultural commodities are or will be produced;

(2) Any application for the purpose of the maintenance, operation or construction of a public utility;

(3) Any treatment for the eradication or control of pests declared to be a nuisance by the director of the Ohio department of agriculture, director of the Ohio department of health or local health districts, and for which immediate application is necessary to prevent significant human, environmental, or economic harm.

Last updated July 10, 2026 at 2:11 PM

History

• Effective: October 20, 2017
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-11-10 Recordkeeping.

(A) Commercial applicators:

(1) Applying pesticides under the pesticide use categories defined in paragraphs (P)(7) and (P)(10) of rule 901:5-11-01 of the Administrative Code, or to structures and their contents shall record, in English, on the date of application the following information for each application made by the commercial applicator or trained servicepersons working under the commercial applicator's direct supervision:

(a) Name of responsible commercial applicator and names of the trained servicepersons applying pesticides under the commercial applicator's direct supervision;

(b) Name and address of person contracting for service;

(c) Date of application;

(d) Pests to be controlled;

(e) Locations and methods of treatment for each pesticide used;

(f) Trade name (brand name) and EPA registration number of pesticides used;

(g) Application concentration or dilution used for each pesticide and total volume applied;

(h) Time of day of application, including the time of starting the actual application and the time of completion of application or, if uncompleted, the time when operations ceased for the day.

(2) All pesticide applications not covered in paragaraph (A)(1) of this rule shall record, in English, on the date of application the following information for each application made by the commercial applicator or trained servicepersons working under the commercial applicator's direct supervision:

(a) Name of responsible commercial applicator and names of the trained servicepersons applying pesticides under the commercial applicator's direct supervision;

(b) Name and address of person contracting for service;

(c) Date of application;

(d) Type and size of area to be treated;

(e) Location or field identification number of treatment area, if different than the address in paragraph (A)(2)(b) of this rule;

(f) Trade name (brand name) and EPA registration number of pesticides used;

(g) Total amount of each pesticide product used;

(h) If diluted, total volume of use dilution applied;

(i) Type of equipment used; Time of day of application, including the time of starting the actual application and the time of completion of application or, if uncompleted, the time when operations ceased for the day; and

(j) Wind direction, velocity and air temperature.

(3) Applying pesticides or monitoring devices to structures for the control or monitoring of termites, shall create before the application, a detailed drawing of the footprint of the structure to be treated. This drawing must include linear dimensions of the structure and, for liquid termiticide applications, the depth to footer on all exterior walls.

(4) Utilizing bait or monitoring devices in and around structures for the monitoring or control of termites shall create in English on the date of installation and subsequent monitoring of those stations, a record which includes all information required in paragraphs (A)(1)(a), (A)(1)(b), (A)(1)(c), and (A)(1)(f) of this rule, as well as:

(a) Total number of bait or monitoring devices installed or monitored;

(b) Status of termite activity in each bait or monitoring device.

(5) Shall submit, within ten days following the date of completion, a copy of each record required under paragraphs (A)(1), (A)(2), (A)(3) and (A)(4) of this rule to the registered pesticide business location from which the application was conducted or the commercial applicator's employer if the employer is not a pesticide business.

(6) Applying pesticides under pesticide-use categories defined in paragraphs (P)(2)(a), (P)(2)(b), (P)(2)(c), (P)(2)(e), and (P)(2)(f) of rule 901:5-11-01 of the Administrative Code shall provide a copy of each pesticide application record to the person contracting for service, upon request or, if not requested, within thirty days after the pesticide application unless the person contracting for services has provided to the pesticide business a signed agreement allowing the pesticide business to retain that record.

(B) The employer of a commercial applicator that receives copies of records under this rule or paragraph (I) of rule 901:5-11-13 of the Administrative Code shall retain those records for a period of three years from the date of application or inspection and shall make those records available to the director.

(C) Pesticide businesses shall:

(1) Retain at the appropriate registered location, or at the pesticide business if there is no registered location, records submitted to them under this rule or paragraph (I) of rule 901:5-11-13 of the Administrative Code. Those records shall be maintained for a period of three years from the date of application or inspection and shall be made available to the director.

(2) Retain for three years following the employee's termination, written verification documenting that the employee has read the Ohio department of agriculture trained servicepersons manual or received equivalent training prior to the employee's first exposure to pesticides, as required by paragraph (A)(1) of rule 901:5-11-02 of the Administrative Code. This verification shall be made available to the director.

(D) Pesticide dealers shall:

(1) Keep a record of all sales of restricted-use pesticides made to pesticide applicators. This record shall be maintained at the registered pesticide business location where the sale was made using a format which includes the following items:

(a) The name of the pesticide applicator;

(b) The license number and pesticide-use categories defined in paragraph (P) of rule 901:5-11-01 of the Administrative Code listed on the pesticide applicator's license;

(c) The brand name and quantity of pesticide purchased;

(d) The EPA registration number and invoice number from the pesticide dealer's sales paperwork;

(e) The date of sale; and

(f) The name of the person receiving the pesticide if different from the pesticide applicator.

The pesticide dealer's copy of the records of sales shall be kept in a file and made available to the director during reasonable hours. The dealer shall retain such records for no less than three years.

(2) Compile an annual report of restricted-use pesticide sales records made for the period from the first day of July to the last day of June of the following calendar year. The report shall contain all of the information required under paragraph (D)(1) of this rule. If there are no sales of restricted-use pesticides for the period, the report shall so state. This report shall be made on a form designed by the director or on a computer-generated equivalent. The report shall be made available to the director during reasonable business hours. The dealer shall retain the report for no less than three years.

(3) Submit on or before the last day of July of each year to the pesticide regulation section of the Ohio department of agriculture a copy of the report for the most recently completed reporting period compiled pursuant to paragraph (D)(2) of this rule. The copy submitted under this paragraph shall be identical to the report compiled and retained pursuant to paragraph (D)(2) of this rule.

(E) Private applicators:

(1) Shall record the following information for each application on the date of application:

(a) The responsible private applicator's name and license number;

(b) The brand or product name and EPA registration number of the restricted use pesticide applied;

(c) The total amount of the restricted use pesticide applied;

(d) Location and/or field number for area treated and total area or acreage treated;

(e) Crop treated; and

(f) Month, day and year of application;

(2) Shall submit on the date of application a copy of records required under paragraph (E)(1) of this rule to the private applicator's employer, if applicable.

(3) Or their employers, if applicable, shall retain records generated pursuant to paragraph (E)(1) of this rule for a period of three years from the date of application and shall make those records available to the director. In the case of a crop site being leased or rented by a private applicator, the private applicator shall make the pesticide application record available within thirty days of the request by the owner of the land or an agent thereof.

(4) Shall record the information required in paragraph (E)(1) of this rule for both restricted and general use pesticides applied under the exemption in division (D) of section 921.26 of the Revised Code.

Last updated June 3, 2026 at 9:22 AM

History

• Effective: December 5, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-11-13

Commercial applicators conducting wood-destroying insect diagnostic inspections for real estate transactions (hereinafter inspections) shall:

(A) Conduct all inspections in accordance with the practices set forth in the Ohio wood-destroying insect diagnostic inspection training program.

(B) Make a complete record of the findings of each inspection on form NPMA-33 which can be located at the Ohio department of agriculture, plant health division website here: https://www.agri.ohio.gov/wps/portal/gov/oda/divisions/plant-health/forms/npma_33. For the purposes of this chapter, a complete record means that the information recorded in NPMA-33 (hereinafter the form) shall be recorded pursuant to this rule. In the event of conflicting instructions for completing the form, the provisions of this rule shall apply for all inspections made within this state.

(C) Completely and accurately record the following information in section one of the form:

(1) The name, address and telephone number of the pesticide business conducting the inspection;

(2) The license number of the pesticide business or registered location conducting the inspection;

(3) The date of the inspection;

(4) The physical address of the property inspected;

(5) The name, license number and original signature of the commercial applicator conducting the inspection; and

(6) The specific structures inspected.

(D) Record the following in section two of the form for inspection findings on or within the specific structures inspected by:

(1) Checking box A if there is no visible evidence of wood-destroying insect (hereinafter insect) activity;

(2) Checking box B if there is visible evidence of insects observed; and

(a) Shall, if live insects are observed:

(i) Check box B(1); and

(ii) List the types of insects observed; and

(iii) State the specific location (including by way of example but not limited to sill plates, foundations, etc.) where the insects are observed;

(b) Shall, if dead insects, insect parts, frass, shelter tubes, exit holes, staining or other physical evidence are observed:

(i) Check box B(2); and

(ii) Describe the type of insects and insect parts observed, and describe all other physical indicators observed, including but not limited to frass, shelter tubes, exit holes and staining; and

(iii) State the specific location (including by way of example but not limited to sill plates, foundations, etc.) where the dead insects, insect parts, frass, shelter tubes, exit holes, staining or other physical indicators are observed.

(c) Shall, if visible insect damage to the structure was observed:

(i) Check box 3; and

(ii) Describe the type of damage observed; and

(iii) State the specific locations (including by way of example but not limited to sill plates, foundations, etc.) where damage is observed.

If the comments to be noted in this section of the form exceed the space provided, the commercial applicator conducting the inspection shall attach supplemental pages to the form, and state in section five of the form that additional pages are attached to the form.

(E) In section three of the form, shall check one box in accordance with the following:

(1) Shall check the box indicating "no treatment recommended" if box A in section two of the form is checked; or

(2) May check the box indicating that treatment is recommended if box B in section two of the form is checked; and

(a) There is evidence of active insect infestation; or

(b) There is:

(i) No evidence of previous treatment; or

(ii) Evidence of insect activity that appears to have occurred after the most recent treatment; or

(iii) Evidence of subterranean termites; and

(a) The structure is not currently under a termite treatment service contract or warranty; and

(b) The structure has not been treated with a liquid soil termite treatment within the previous five years; and

(c) The commercial applicator conducting the inspection describes the evidence relied upon in making the determination that treatment is recommended.

(3) May check the box indicating that no treatment is recommended if:

(a) Box B in section two of the form is checked; and

(b) The commercial applicator conducting the inspection:

(i) Believes, based on the evidence observed, that there is not an active insect infestation; and

(ii) Describes the evidence relied upon in making the determination that treatment is not recommended.

(F) Designate by checkmark in section four of the form any obstructed or inaccessible area of the specific structure inspected. Access coverings which are readily removed using commonly available tools such as screwdrivers, pliers and wrenches do not render an area obstructed or inaccessible.

(G) Include in section five of the form:

(1) A statement as to whether or not there is evidence of previous treatment; and

(2) A description of the previous treatment, if any; and

(3) The specific location (including by way of example but not limited to sill plates, foundation, etc.) where the evidence of previous treatment is observed or documented; and

(4) Any comments which are not provided for in the other sections of the form, including but not limited to infestation or damage observed in areas other than the specific structure inspected; and

(5) Any comments amplifying information provided in other sections of the form; and

(6) If attachments were used to detail inspection findings described in other sections of the form, a list and description of these attachments.

(H) Complete and sign the form within five business days following completion of the inspection. The commercial applicator's signature on the form is the commercial applicator's certification that the inspection was conducted and reported in accordance with the requirements of Chapter 901:5-11 of the Administrative Code.

(I) Submit, within ten days following completion of the inspection, a copy of the completed and signed form to the pesticide business or registered location from which the inspection was conducted.

Last updated June 3, 2026 at 9:22 AM

History

• Effective: January 17, 2020
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-11-11 Storage, handling, disposal and distribution of pesticides, custom mixes and blends.

(A) Storage:

(1) Pesticides shall not be stored:

(a) In a manner that could result in contamination of animal feeds or commercial fertilizers;

(b) Above or against feed components, animal foods, foodstuffs, medications, or children's toys; or

(c) Loaded into aerial application equipment within one hundred yards of an airline passenger terminal.

(2) For display purposes:

(a) Pesticides shall not be shelved above or against feed components, animal foods, foodstuffs, medications, or children's toys.

(b) Shelving or display areas used for pesticide display shall be thoroughly cleaned before they are re-used for display of other products.

(c) Pesticides having a skull and crossbones symbol on the label shall not be displayed in such manner as to be accessible to children.

(3) For liquid bulk pesticide facilities:

(a) Bulk pesticide storage and handling facilities shall be sited in accordance with appropriate local, state and federal regulations.

(b) Containers and accessory equipment used for the storage and handling of bulk pesticides shall be of materials and construction compatible with the pesticide stored and the conditions of storage as specified by the label instructions.

(c) Non-mobile liquid bulk pesticide storage container installations shall be constructed such that a secondary means of containment is provided and meets the following requirements unless otherwise waived or modified by the director:

(i) Secondary containment shall be constructed of sufficient thickness, density and composition so as to contain any spillage or discharged material;

(ii) Secondary containment for all facilities that are constructed after August 1, 2011 shall be maintained to contain a minimum of one hundred ten per cent of the capacity of the largest single container plus the displacement of all other items located within the secondary containment;

(iii) Secondary containment areas shall not contain a drain unless it is plugged to prevent the release of any spillage from the containment area;

(iv) In the event of a spill or release of a pesticide in an amount equal to or exceeding the reportable quantity, as that term is defined by 40 C.F.R. 302.4, the Ohio environmental protection agency shall be contacted in accordance with section 3750.06 of the Revised Code and the rules adopted thereunder; and

(v) Non-mobile liquid bulk pesticide storage containers shall be secured or elevated high enough to prevent flotation in the event that the secondary containment structure fills with liquid.

(d) Upon delivery of the bulk pesticide, the registered product label shall be prominently displayed on the bulk pesticide storage container.

(e) Bulk pesticide storage containers shall be locked or access to bulk storage containers by unauthorized personnel shall be prevented when the facility is unattended.

(4) For facilities utilizing containers capable of holding at least four thousand pounds of dry bulk pesticides:

(a) Bulk pesticide storage and handling facilities shall be sited in accordance with appropriate local, state and federal regulations and be constructed of sufficient thickness, density and composition so as to contain any spillage or discharged material;

(b) Containers and accessory equipment used for the storage and handling of bulk pesticides shall be of materials and construction compatible with the pesticide stored and the conditions of storage as specified by the label instructions;

(c) Containers must be protected from wind and precipitation;

(d) Containers must be placed on pallets or raised platforms;

(e) Containers must be placed on an impervious surface that extends completely beneath the pallets or raised platforms and be enclosed by a curb that extends at least two feet beyond the perimeter of the containers and is a minimum of six inches high; and

(f) The registered pesticide label shall be prominently displayed on the bulk pesticide storage container.

(5) Operators of facilities regulated under paragraphs (A)(3) and (A)(4) of this rule shall:

(a) Initiate immediate repair to any visible signs of damage to the containment structures, containers or appurtenances in compliance with the following requirements:

(i) Cracks and gaps in the containment facilities shall be sealed with materials that are compatible with the materials being stored there and,

(ii) All repairs shall commence on the day that damage is noticed and be completed within a time frame that is reasonable taking into account factors such as the weather, the availability of cleanup materials and the availability of the necessary equipment to make the repairs.

(b) Ensure that all appurtenances necessary for loading and unloading bulk pesticides shall be located within a secondary containment facility or have their own means of secondary containment;

(c) Ensure that all hoses used for loading and unloading bulk pesticides shall be equipped with shut-off valves at each end;

(d) Ensure that all pipes and hoses shall be adequately supported to prevent sagging and shall be protected against risk of damage by vehicles engaged in loading and unloading;

(e) Ensure that all appurtenances shall be made entirely of materials recommended by the manufacturer or specified in applicable standards for use with the type of pesticides they will carry and the types of materials used in the vessels and other appurtenances;

(f) Ensure that all facilities that are constructed after August 1, 2011 are constructed in such a manner as to prevent water and other liquids from seeping into or flowing onto these areas from adjacent land or structures; and

(g) Ensure that all facilities that are constructed after August 1, 2011 are constructed with materials that are compatible with the materials being stored there and are not made of asphalt or earthen materials.

(B) Transportation of bulk pesticide containers.

(1) Bulk pesticide containers shall meet all applicable standards as specified by the label instructions and Ohio and United States departments of transportation requirements.

(2) Bulk pesticide containers shall be thoroughly secured so as to prevent spillage of pesticide and damage to containers during transportation.

(3) Bulk pesticide containers shall bear the registered product label for the material contained therein.

(4) In the event of a spill or release of a pesticide in an amount equal to or exceeding the reportable quantity, as that term is defined by 40 C.F.R. 302.4, the Ohio environmental protection agency shall be contacted in accordance with section 3750.06 of the Revised Code and the rules adopted thereunder.

(C) Handling and loading of bulk pesticides.

(1) Bulk pesticides shall be handled, mixed, and loaded in a manner that will assure the protection of crops, livestock, the general public, and the environment. Physical and chemical properties shall be considered in the handling and loading of bulk pesticides.

(2) Loading and mixing of bulk pesticides conducted at permanent distribution sites shall be on impervious surfaces with provisions sufficient to allow containment and recovery of any spillage, and in compliance with the following requirements:

(a) Owners or operators of permanent bulk pesticide distribution sites shall initiate immediate repair to any visible signs of damage to the impervious surfaces where bulk pesticides are loaded or mixed, including but not limited to:

(i) Cracks and gaps shall be sealed with materials that are compatible with the materials being handled there; and

(ii) All repairs shall commence on the day that damage is noticed and be completed within a time frame that is reasonable taking into account factors such as the weather, the availability of cleanup materials and the availability of the necessary equipment to make the repairs.

(b) Owners or operators of permanent bulk pesticide distribution sites shall ensure that all impervious surfaces that are constructed after August 1, 2011 for loading and mixing of bulk pesticides, are constructed in such a manner as to prevent water and other liquids from seeping into or flowing onto these areas from adjacent land or structures.

(c) Owners or operators of permanent bulk pesticide distribution sites shall ensure that all impervious surfaces that are constructed after August 1, 2011 for loading and mixing of bulk pesticides, are constructed with materials that are compatible with the materials being handled there and are not made of asphalt or earthen materials.

(3) Prior to refilling, bulk pesticide containers must be thoroughly cleaned except when a sealed or dedicated recyclable bulk container is refilled with the same labeled pesticide and bears the same label as the pesticide immediately preceding it.

(4) All rinsates and minor spillages which have not resulted from a container failure and which accumulate in the secondary containment shall be disposed as provided by the pesticide's label, or in the absence of specific label instructions, shall be disposed in accordance with Chapter 3734. of the Revised Code and the rules adopted thereunder.

(D) Disposal of containers and unused pesticides:

(1) Empty pesticide containers and containers which have held pesticide-treated seed:

(a) Shall be disposed in a manner consistent with the pesticide label; or

(b) In the absence of specific label instructions, shall be triple-rinsed and disposed in accordance with Chapter 3734. of the Revised Code and the rules adopted thereunder; and

(c) Shall not be sold or re-used for any purpose, except as provided by paragraph (C)(3) of this rule, unless the containers have been properly cleaned and reconditioned in a manner approved by the director for their intended use or purpose. Re-use of such containers for the storage of human or animal food or water, or for the storage of cooking utensils, dishes or clothing is strictly prohibited.

(2) Unused pesticides and unwanted pesticide-treated seeds shall be disposed in a manner consistent with their labeling or, in the absence of specific label instructions, shall be disposed in accordance with Chapter 3734. of the Revised Code and the rules adopted thereunder.

(E) Distribution of bulk pesticides:

(1) Bulk pesticides may be repackaged for sale or delivery if:

(a) The establishments conducting the sale or delivery are registered as pesticide-producing establishments in accordance with section 7 of the Federal Insecticide, Fungicide, and Rodenticide Act;

(b) A representative of said registered establishment is present when the product is repackaged for sale or delivery; and

(c) There is no change in any of the following as a result of the repackaging:

(i) The pesticide formulation;

(ii) The product labeling, except for the addition of the required EPA establishment number and net contents statement; or

(iii) The registrant as evidenced by the assigned EPA product registration number.

(d) A written authorization for the repackaging of bulk pesticides is obtained from the registrant, held at the facility conducting the repackaging and made available for inspection by the director.

(2) Bulk pesticides may be repackaged for sale using only containers which conform with paragraph (A)(3)(b) of this rule and if applicable, paragraph (B)(1) of this rule, and that are approved for this purpose by the seller of the pesticide.

(3) Scales and meters used for bulk pesticide sales shall meet the specifications, tolerances and other technical requirements for weighing and measuring devices as specified in rule 901:6-1-01 of the Administrative Code or as approved or exempted by the weights and measures division of the Ohio department of agriculture.

(4) Separate pumps and meters shall be used for each pesticide when distributed for sale.

(5) All bulk pesticides used for custom mixing, tank mixing or repackaging in Ohio must be registered and labeled in compliance with the Federal Insecticide, Fungicide, and Rodenticide Act and Chapter 921. of the Revised Code and the rules adopted thereunder.

(F) Custom mixes or blends:

(1) Shall be prepared to the order of the user within the recommended range of the pesticide's labeling;

(2) Shall not be held in inventory;

(3) Or portions thereof, if divided for delivery, shall be labeled with the actual percentage of the pesticide within the custom mix or blend, together with the pertinent and proper directions for its use, purpose and cautions. This requirement may be met by attaching a copy of the end-use labeling of the pesticides used in the blend and

(4) Shall be prepared in an establishment that:

(a) Is registered with the United States environmental protection agency in accordance with the Federal Insecticide, Fungicide, and Rodenticide Act; and

(b) Adheres to the "Good Manufacturing Practices for Medicated Feeds" as promulgated by the United States food and drug administration, 21 C.F.R. 225 to 226.

Last updated June 3, 2026 at 9:22 AM

History

• Effective: December 5, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 901:6-1-01

The revision of the "National Institute of Standards and Technology Handbook 44" made by the "National Conference on Weights and Measures" in 2022 and published in the "National Institute of Standards and Technology Handbook 44," 2023 edition, is hereby adopted in its entirety. The "National Institute of Standards and Technology Handbook 44," is available for download from the Ohio department of agriculture website at "http://agri.ohio.gov/" or from:

"National Institute of Standards and Technology

100 Bureau Drive, Stop 2600

Gaithersburg, MD 20899-2600

http://www.nist.gov/"

Last updated September 28, 2023 at 8:39 AM

History

• Effective: September 28, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-11-12 Pesticide registration.

(A) Each pesticide distributed for use or sale in this state shall be registered with the director of agriculture, including those pesticides which are exempted from the environmental protection agency ("EPA") registration under section 25(b) of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 136 et seq.

(B) The registration period for pesticides shall commence on the first day of July of each year and expire on the last day of June of the following year. Registration fees are non-refundable.

(C) An applicant shall be issued a pesticide registration if the applicant has satisfied the registration requirements set out in Chapter 921. of the Revised Code and the rules adopted thereunder, and the following have been received by the director:

(1) A completed formal application;

(2) A complete copy of the labeling accompanying the pesticide and a statement of all claims to be made for it, including the directions for use and the use classification as provided for in the federal act; and

(3) The fee as set forth in division (F) of section 921.02 of the Revised Code.

(D) A pesticide registration shall be suspended or revoked, or shall not be issued when the director finds that:

(1) Its composition is such that it does not warrant the proposed claims for it;

(2) Its labeling, or any other material required to be submitted with its label, does not comply with the requirements of "FIFRA" and of Chapter 921. of the Revised Code and the rules promulgated thereunder; or

(3) It will not perform its intended function without unreasonable adverse effects on the environment.

Last updated June 3, 2026 at 9:22 AM

History

• Effective: December 5, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-11-14 Integrated pest management standard.

(A) This rule shall apply to persons involved in developing and implementing integrated pest management (IPM) activities for non-agricultural uses in this state. This includes pesticide businesses, school personnel, or any other individuals conducting IPM activities. In order to be considered an IPM activity under this rule, the activity shall include the elements set out in paragraph (B) of this rule.

(B) Persons developing and implementing IPM activities shall do all of the following:

(1) Conduct a comprehensive site assessment of the property for which the IPM activity is being developed. This assessment shall identify the:

(a) Structural, mechanical, storage or sanitation conditions that are producing or could produce pest problems, including pest entry points and areas prone to pest harborage;

(b) Type and extent of pest activity; which may be determined by using monitoring devices when practical; and

(c) Potential impacts presented by the pests to humans, domestic animals and environment.

(2) Determine with the entity contracting for service:

(a) Structural, mechanical, storage, or sanitation-related measures that will aid in long-term prevention, elimination or control of pests;

(b) Priorities for pest control and elimination;

(c) Whether chemical control is necessary to prevent, eliminate, or control pests; and

(d) The most effective measures, application products, and methods that will result in control of pests while minimizing exposure to humans, domestic animals and the environment.

(3) Establish with the entity contracting for service a strategy, schedule, and specific recommendations for ongoing site monitoring and assessment to resolve short term and long-term control or elimination of pest problems consistent with this paragraph.

(4) Evaluate the results of implementing the IPM activity in accordance with a time frame agreed to with the entity contracting for service. The evaluation shall include a re-assessment of the site and consider whether:

(a) Correction of structural, mechanical, storage, or sanitation problems was completed and effective;

(b) Methods used to prevent, control, and eliminate pests at the site were effective;

(c) Risks of exposure to humans, domestic animals, and the environment were sufficiently minimized; and

(d) Other measures, products, or methods should be chosen for future pest management and control.

Last updated May 11, 2026 at 11:43 AM

History

• Effective: October 15, 2015
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-11-15 Pesticide use in schools.

(A) This rule shall apply to the following:

(1) School classroom buildings established under Chapter 3311. of the Revised Code;

(2) Education service centers and community schools established under Chapter 3314. of the Revised Code;

(3) STEM schools established under Chapter 3326. of the Revised Code; and

(4) Non-public schools chartered by the board of education pursuant to section 3301.16 of the Revised Code.

(B) Pesticides shall be applied on or in the classroom buildings of schools only if:

(1) The pesticide is applied:

(a) At a time after the school day has concluded;

(b) When school is not in session; or

(c) Either a period of four hours or the minimum time specified by the pesticide product's label applied prior to the beginning of the school day, whichever is longer.

(2) The pesticide is applied when school is in session provided that:

(a) Persons other than pesticide applicators and necessary school staff are not scheduled to be in the treatment area during treatment and for either the longer of four hours or the minimum time specified by the label of the pesticide applied, if any is specified, as measured from the time that the pesticide application is completed; and

(b) The entrances to the area in which the pesticide is applied are posted with signs meeting the following requirements:

(i) The sign shall measure at least eight and one half inches by eleven inches; and

(ii) The sign is printed with letters at least one inch in height with the following wording: "Pesticide Treatment Area. Do Not Enter Before (the date and time where re-entry will be permitted into the treatment area)." The time shall be the later of four hours or the minimum time specified on the label, as measured from the time that the pesticide application is completed.

(3) The pesticide applied is one of the following, and is applied in strict accordance with label instructions:

(a) Manufactured paste or gel baits;

(b) Paraffin-based rodent control products placed in industry-identified tamper-resistant bait stations;

(c) Termite-baiting stations;

(d) Rodenticides which are placed in wall voids or other areas that are inaccessible to humans and domestic animals;

(e) Disinfectants, sanitizers, germicides, and anti-microbial agents; or

(f) Dusts used in unoccupied areas of the structure.

(4) If one of the conditions in paragraph (B) of this rule has been met, except for those items listed in paragraph (B)(3)(e) of this rule, the following information shall be provided to the school's contact person identified under paragraph (C)(2) of this rule as soon as practicable following the application:

(a) Date and time that the pesticide was applied;

(b) Treatment area;

(c) Target pests;

(d) Brand name and EPA registration number of the pesticide applied; and

(e) If applied under paragraph (B)(2) of this rule, time or conditions for re-entering the treatment area as specified by the label of the pesticide applied, if any is specified.

(C) Any school subject to this rule shall:

(1) Develop a policy whereby parents or guardians of minor children, adult students, faculty and staff who are enrolled or employed at the school may request and receive prior notifications of scheduled service visits by pesticide businesses in which pesticides may be applied under paragraph (B)(2) of this rule or scheduled pesticide applications under paragraph (B)(2) of this rule by licensed school employees pursuant to section 921.06 of the Revised Code.

(a) The method of prior notifications shall be determined by the school and may include but shall not be limited to e-mail and listserv methods; and

(b) If special circumstances arise that prevent prior notification from being provided as required, such as emergency application of pesticides to control organisms that pose an immediate health threat, the school shall provide notice as soon as possible. The notice shall explain the reasons why advance notice was not provided.

(2) Designate a school employee to serve as a contact person for pesticide applications made at the school. The school shall maintain for inspection during normal school hours by parents or guardians of minor children, adult students, faculty and staff who are enrolled or employed at the school, or the director or their authorized representative:

(a) Records provided to the contact person pursuant to paragraph (B)(4) of this rule. The records shall be maintained for a period of one year following the date of the pesticide application; and

(b) Documentation that requested notifications were made pursuant to the school policy established under paragraph (C)(1) of this rule.

(3) Pesticides applied under paragraph (B)(3)(e) of this rule are excepted from the notification policy contained in paragraphs (C)(1) and (C)(2) of this rule.

(D) Guidance for principles of integrated pest management may be published on the department's website or otherwise disseminated as determined by the director.

Last updated May 11, 2026 at 11:43 AM

History

• Effective: October 15, 2015
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-11-19 Pesticide safety for agricultural workers and handlers.

(A) The department of agriculture adopts the "Agricultural Worker Protection Standard" found in 40 C.F.R. 170, as the pesticide safety standard for Ohio.

(B) The standard applies to all agricultural workers and handlers working with, in, or around pesticides, as defined in the "Agricultural Worker Protection Standard."

(C) Any exemptions or exceptions found in the "Agricultural Worker Protection Standard" apply to this rule.

Last updated May 11, 2026 at 11:43 AM

History

• Effective: December 5, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-11-99 Civil penalties.

(A) A civil penalty may be assessed for each violation of sections 921.01 to 921.29 of the Revised Code, any rule adopted, and any order issued under authority of these sections. The amount of the penalty shall be based on the following criteria:

(1) The cost to the department of agriculture to investigate the violation. Calculation of the cost shall include:

(a) The average salary of all state employees directly involved in pesticide use investigations with the rate being that amount charged to other agencies for grant supported activities;

(b) Fringe benefits for all state employees directly involved in the investigation;

(c) Indirect costs for hours shown in paragraph (A)(1)(a) of this rule with the rate being that amount charged to other agencies for grant supported activities;

(d) Duplicating and copying costs; and

(e) Direct and indirect costs of all laboratory analysis.

(2) When a violation results in material damage to the environment or harm to a human being, an additional civil penalty not to exceed two times the amount calculated under paragraph (A)(1) of this rule may be assessed in addition to the amount under paragraph (A)(1) of this rule.

(B) In no event shall the civil penalty assessed under paragraphs (A)(1) and (A)(2) of this rule exceed in the aggregate five thousand dollars for a first offense or ten thousand dollars for a second offense.

(C) All monies collected from civil penalties shall be deposited in the pesticide program fund of the state treasury.

Last updated May 11, 2026 at 11:44 AM

History

• Effective: October 15, 2015
• Promulgated Under: 119.03

Chapter 901:5-27 Testing of Seed

Ohio Adm.Code 901:5-27-02 Testing of seed.

The methods of sampling, inspecting, analyzing, testing and examining agricultural, flower, and vegetable seed offered for sale or sold in Ohio under the provisions of sections 907.01 to 907.13 of the Revised Code, and the tolerances permitted for evaluating those samples, inspections, analyses, tests, and examinations shall be those adopted in the "Rules for Testing Seed" published by the association of official seed analysts, October 2019.

Last updated September 23, 2021 at 8:33 PM

History

• Effective: September 23, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-27-03 Labeling seed as to kind and variety.

Seed kinds labeled with a brand name and not a variety name shall be labeled with the phrase "variety not stated." Varieties of the following kinds of seeds are generally labeled as to variety and shall be labeled as to kind and variety or, in lieu of the variety name, the phrase "variety not stated," or "VNS":

(A) Alfalfa;

(B) Barley;

(C) Smooth bromegrass;

(D) Buckwheat;

(E) Red clover;

(F) Field corn;

(G) Popcorn;

(H) Sweet corn;

(I) Kentucky bluegrass;

(J) Crownvetch;

(K) Tall fescue;

(L) Red fescue;

(M) Chewings fescue;

(N) Foxtail millet;

(O) Orchard grass;

(P) Oats;

(Q) Rye;

(R) Ryegrass;

(S) Sorghum;

(T) Sorghum-Sudan hybrids;

(U) Soybeans;

(V) Spelt;

(W) Sudangrass;

(X) Sunflower;

(Y) Timothy;

(Z) Tobacco;

(AA) Birdsfoot trefoil;

(BB) Triticale;

(CC) Wheat; and

(DD) Tillage radish.

Last updated September 23, 2021 at 8:33 PM

History

• Effective: September 23, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-27-04 Vegetable and herb seed germination standards.

The minimum germination standards for vegetable and herb seeds offered for sale in the state of Ohio are:

The germination standards for all vegetable and herb seed not identified in this rule shall be fifty per cent.

Last updated September 14, 2023 at 10:48 AM

History

• Effective: September 21, 2014
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-27-05 Disposal of screenings.

No person shall dispose of or burn screenings in a manner that may result in poisoning, discomfort, or nuisance to humans or livestock, or in the dissemination of weed seed.

Last updated September 23, 2021 at 8:33 PM

History

• Effective: September 23, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-27-06 Prohibited and restricted noxious weed seeds list.

(A) The following species are hereby designated "prohibited noxious-weed seed":

(1) Field bindweed, Convolvulus arvensis (L.);

(2) Quackgrass, Elytrigia repens (L.) Nevski = Agropyron repens (L.) Beauv.;

(3) Canada thistle, Cirsium arvense (L.) Scop.;

(4) Johnsongrass, Sorghum halpense (L.) Pers.;

(5) Heart-podded hoary cress, Lepidium draba sub. draba (L.) Desv.;

(6) Hairy whitetop or ballcress, Lepidium appelianum (C. Meyer) Jarmol;

(7) Perennial sowthistle, Sonchus arvensis (L.);

(8) Russian knapweed, Acroptilon repens (L.) DC. = Centaurea picris Pallas ex Willd;

(9) Leafy spurge, Euphorbia esula (L.);

(10) Hedge bindweed, Calystegia sepium (L.) R. Br. = Convolvulus sepium (L.);

(11) Serrated tussock, Nassella trichotoma (Nees) Hackel ex Arechav.;

(12) Columbus grass, Sorghum x almum parodi;

(13) Purple loosestrife, Lythrum salicaria (L.);

(14) Musk thistle, Carduus nutans (L.);

(15) Giant Hogweed, Heracleum mantegazzianum (Somer & Levier).

(16) Kochia, Bassia scoparia;

(17) Waterhemp, Amaranthus tuberculatus;

(18) Palmer Amarantha, Amaranthus palmeri;

(19) Shattercane, Sorghum bicolor; and

(20) Apple of Peru, Nicandra physalodes.

(B) The following species are hereby designated "restricted noxious weed seed":

(1) Dodder, Cuscuta (L.) spp.;

(2) Horsenettle, Solanum carolinnese (L.);

(3) Corncockle, Agrostemma githago (L.);

(4) Wild garlic, Allium vineale (L.);

(5) Wild onion, Allium canadense (L.);

(6) Curly dock, Rumex crispus (L.);

(7) Buckhorn, Plantago lanceolata (L.);

(8) Oxeye daisy, Leucanthemum vulgare lam;

(9) Wild mustard, Brassica arvensis (L.) rabenh. & Brassica kaber (D.C.) L.C. wheeler; and

(10) Poison-hemlock, Conium maculatum (L.).

Last updated September 23, 2021 at 8:33 PM

History

• Effective: September 23, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-27-07 Seed labeler permit application.

An application shall be deemed complete if the form prescribed by the director contains all of the following:

(A) The name and address of the applicant;

(B) The telephone number of the applicant;

(C) The email address and website address of the applicant;

(D) The county in which the applicant is located;

(E) The kind of seed that the labeler sells;

(F) Each Ohio location where seed to be labeled by the applicant may be sampled;

(G) The original signature of the applicant. If the applicant is a business entity, then the application shall contain the original signature of the responsible person submitting the application on behalf of the applicant;

(H) If the applicant is a business entity, the information required under paragraphs (A)(1) to (A)(4) of this rule for the responsible person submitting the application on behalf of the applicant.

Last updated September 23, 2021 at 8:33 PM

History

• Effective: September 23, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-27-08 Flower seed minimum germination standards.

The minimum germination standards for seeds offered for sale in Ohio are:

The germination standard for all other flower seed shall be fifty per cent.

• means that the minimum percentage for these species includes both the germination per cent and the hard seed per cent added together.

Last updated September 14, 2023 at 10:48 AM

History

• Effective: September 21, 2014
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-27-09 Native grass seeds and native grass seeds high in inert matter.

(A) The following species of grass are defined as native grass:

(1) Bluestem, Big (Andropogon gerardii);

(2) Bluestem, Little (Schizachyrium scoparium);

(3) Dropseed, Sand (Sporobolus cryptandrus);

(4) Grama, Sideoats (Bouteloua curtipendula);

(5) Indiangrass (Sorghastrum nutans);

(6) Needlegrass (Achnatherum thurberianum and Nasela viridula); and

(7) Switchgrass (Panicum virgatum).

(B) The following native grasses characteristically exhibit high inert matter:

(1) Bluestem, Big (Andropogon gerardii);

(2) Bluestem, Little (Schizachyruim scoparium);

(3) Dropseed, Sand (Sporobolus cryptandrus;

(4) Grama, Sideoats (Bouteloua curtipendula);

(5) Indiangrass (Sorghastrum nutans);

(6) Needlegrass (Achnatherum thurberianum and Nasella virdula); and

(7) Switchgrass (Panicum Virgatum).

Last updated September 23, 2021 at 8:33 PM

History

• Effective: September 23, 2021
• Promulgated Under: 119.03

Chapter 901:5-30 Invasive Plants

Ohio Adm.Code 901:5-30-01 Invasive plant species.

(A) In order to protect native plant species and thwart the growth of invasive plant species, the director of the Ohio department of agriculture pursuant to section 901.50 of the Revised Code hereby declares the plants listed in paragraphs (A)(1) to (A)(63) of this rule as invasive plants. The invasive plants are first designated by the plant's botanical name and then by the plants common name. The botanical name is the official designation for the plant.

(1) Ailanthus altissima, tree of heaven;

(2) Alliaria petiolata, garlic mustard;

(3) Ampelopsis brevipedunculata, porcelainberry;

(4) Azolla pinnata, Pinnate mosquitofern;

(5) Berberis vulgaris, common barberry;

(6) Butomus umbellatus, flowering rush;

(7) Celastrus orbiculatus, Asian bittersweet;

(8) Centaurea stoebe ssp. micranthos, spotted knapweed;

(9) Dipsacus fullonum, common teasel;

(10) Dipsacus laciniatus, cutleaf teasel;

(11) Egeria densa, Brazilian waterweed;

(12) Eichhornia azurea, anchored water hyacinth;

(13) Elaeagnus angustifolia, Russian olive;

(14) Elaeagnus umbellata, autumn olive;

(15) Epilobium hirsutum; hairy willowherb;

(16) Fallopia japonica, Japanese knotweed;

(17) Ficaria verna, lesser celandine;

(18) Heracleum mantegazzianum, giant hogweed;

(19) Hesperis matronlis, dames rocket;

(20) Hydrilla verticillata, hydrilla;

(21) Hydrocharis morsus-ranae, European frogbit;

(22) Hygrophila polysperma, Indian swampweed;

(23) Iris pseudacorus, yellow flag iris;

(24) Lagarosiphon major, African oxygen weed;

(25) Ligustrum vulgare, common privet;

(26) Limnophila sessiliflora, Asian marshweed;

(27) Lonicera japonica, Japanese honeysuckle;

(28) Lonicera maackii, Amur honeysuckle;

(29) Lonicera morrowii, Morrow's honeysuckle;

(30) Lonicera tatarica, Tatarian honeysuckle;

(31) Lythrum salicaria, purple loosestrife;

(32) Lythrum virgatum, European wand loosestrife;

(33) Marsilea guadrifolia, European water-clover;

(34) Microstegium vimineum, Japanese stiltgrass;

(35) Monochoria hastata, arrowleaf false pickerelweed;

(36) Monochoria vaginalis, heartshape false pickerelweed;

(37) Morus alba, white mulberry;

(38) Myriophyllum aquaticum, parrot feather watermilfoil;

(39) Myriophyllum spicatum, Eurasian watermilfoil;

(40) Najas minor, brittle waternymph;

(41) Nymphoides peltata, yellow floating heart;

(42) Ottelia alismoides, duck lettuce;

(43) Paulownia tomentosa, princess tree;

(44) Persicaria perfoliata, mile-a-minute;

(45) Phalaris arundinacea, reed canary grass;

(46) Phragmites australis ssp. australis, common reed;

(47) Pistia stratiotes, water lettuce;

(48) Potamogeton crispus, curly pondweed;

(49) Pueraria montana var. lobata, kudzu;

(50) Pyrus calleryana, Callery pear;

(51) Rhamnus cathartica, European buckthorn;

(52) Rosa multiflora, multiflora rose;

(53) Sagittaria sagittifolia, arrowhead;

(54) Salix fragilis, crack willow;

(55) Salvinia minima, common salvinia;

(56) Salvinia molesta, giant salvinia;

(57) Sparganium erectum, simple bur-reed;

(58) Stratiotes aloides, water soldier;

(59) Trapa natans, water chestnut;

(60) Typha angustifolia, narrowleaf cattail;

(61) Typha x glauca, hybrid cattail;

(62) Ulmus pumila, Siberian elm; and

(63) Vincetoxicum nigrum, black swallowwort.

(B) Except as provided in paragraphs (C) and (D) of this rule, no person shall sell, offer for sale, propagate, distribute, import or intentionally cause the dissemination of any invasive plant as defined in paragraph (A) of this rule in the state of Ohio.

(C) The prohibitions listed in paragraph (B) of this rule do not apply to the following:

(1) Pyrus calleryana, callery pear until January 7, 2023.

(2) Ligustrum vulgare, common privet until January 1, 2026.

(3) Reed canary grass that is sold for use as animal feed.

(D) A person may conduct the following activities with the species listed in paragraphs (A)(1) to (A)(63) of this rule in a manner that does not result in the further spread of those species:

(1) Dispose of the plant;

(2) Controlling the plant; and

(3) Using the plant for research or educational purposes pursuant to a compliance agreement issued by the department.

(E) The director of the Ohio department of agriculture or the director's authorized representative may seize, order removed from sale or distribution any plant described in paragraph (A) of this rule which has been found in violation of paragraph (B) of this rule.

(F) The director may exempt a cultivar of any invasive plant species defined in paragraph (A) of this rule if scientific evidence is presented that the cultivar is not invasive.

Last updated February 13, 2023 at 5:03 PM

History

• Effective: February 13, 2023
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-30-02 Invasive plant advisory committee.

(A) There is hereby created an invasive plant advisory committee.

(B) The advisory committee shall be considered a part of the department of agriculture for the purposes of providing advice to the director on matters regarding invasive plants, including but not limited to the identification of invasive plant species and cultivars and the establishment of prohibited activities regarding those species and cultivars.

(C) The advisory committee shall consist of the following members:

(1) The director of the department of agriculture or their designee, who shall be the chairperson of the advisory committee;

(2) The director of the Ohio department of natural resources or their designee;

(3) The director of the Ohio environmental protection agency or their designee; and

(4) The following representatives as appointed by the director of the department of agriculture:

(a) A member of academia with knowledge of invasive plants and horticulture employed at college or university located in this state; and

(b) An individual who represents the interests of the nursery and landscaping industry.

(D) The advisory committee shall hold at least one regular meeting each year and may hold additional meetings at times that the chairperson or a majority of the advisory committee members considers appropriate.

(E) Notice of hearings:

(1) Regular meetings: Notice of all of the advisory board's regularly scheduled meetings, including date, starting time, and location will be posted on the Ohio department of agriculture's web site www.agri.ohio.gov at least ten days in advance of all scheduled meetings.

(2) Special meetings: Notice of date, time, place, and purpose of any special meetings will be posted on the Ohio department of agriculture's website www.agri.ohio.gov at least twenty-four hours prior to said meeting. Notice may also be sent to other media outlets that requested such information.

(3) Emergency meetings: Notice of date, time, location, and purpose of all emergency meetings will be given to all news media who requested prior notification, and the meeting notice will be posted in the department's website www.agri.ohio.gov.

(4) Any person may obtain prior notice of the date, time, and location of any regularly scheduled, special, or emergency, meetings when a particular type of business is to be discussed by requesting prior notification in writing at plant@agri.ohio.gov or writing to the "Ohio Department of Agriculture, Division of Plant Health, 8995 East Main Street, Reynoldsburg, Ohio 43068."

(F) A majority of the advisory committee constitutes a quorum. The advisory committee may act only if a quorum is present and only by a majority vote of the members. The advisory committee may create subcommittees that it considers appropriate to make recommendations to the committee. Subcommittees may include members who do not serve on the committee.

(G) Members of the advisory committee shall receive no compensation for their services and may be removed from the advisory committee at anytime by the director.

Last updated June 10, 2024 at 8:28 AM

History

• Effective: June 10, 2024
• Promulgated Under: 119.03

Chapter 901:5-35 Plant Product Inspection

Ohio Adm.Code 901:5-35-02 Plant product inspection.

As used in the rules adopted under Chapter 927. of the Revised Code:

(A) "Agricultural products and their conveyances inspection" means any requested inspection of plants or plant-based products, or their conveyances, conducted by the director or an agent thereof for the purpose of determining what, if any, pests are infesting or infecting the plants, plant-based products or their conveyances. The inspection includes, but is not limited to, periodic compliance agreement audits, growing season inspections of agronomic field, fruit, vegetable, greenhouse, and nursery crops and to fruit and vegetable commodity inspections upon which later certifications may be based. This category does not include inspections that immediately result in issuance of phytosanitary certificates, or the annual nursery inspections as described in sections 927.59 and 927.61 of the Revised Code.

(B) "Compliance agreement" means a written agreement between a person and the Ohio department of agriculture for the purpose of achieving the person's compliance with any set of requirements specified by the department of agriculture upon which certifications may be based and issued by the director. The term of a compliance agreement shall not exceed one year.

(C) "Phytosanitary certificate" means a document issued by the director or an agent thereof declaring a plant product free of harmful pests, and includes Ohio and United States phytosanitary certificates, processed product certificates, re-export phytosanitary certificates, and any re-issuance of such certificates necessitated by requestor error.

(D) "Person" means person as defined in division (J) of section 927.51 of the Revised Code.

Last updated February 13, 2025 at 9:06 AM

History

• Effective: February 13, 2025
• Promulgated Under: 119.03

Chapter 901:5-37 Noxious Weeds

Ohio Adm.Code 901:5-37-01 Prohibited noxious weeds.

The following plants are hereby designated "prohibited noxious weeds":

(A) Shatter cane (Sorghum bicolor).

(B) Russian thistle (Salsola tragus).

(C) Johnsongrass (Sorghum halepense).

(D) Wild parsnip (Pastinaca sativa).

(E) Grapevines (Vitis spp.), when growing in groups of one hundred or more and not pruned, sprayed, cultivated, or otherwise maintained for two consecutive years.

(F) Canada thistle (Cirsium arvense).

(G) Poison hemlock (Conium maculatum).

(H) Cressleaf groundsel (Senecio glabellus).

(I) Musk thistle (Carduus nutans).

(J) Purple loosestrife (Lythrum salicaria).

(K) Mile-A-Minute Weed (Persicaria perfoliate).

(L) Giant Hogweed (Heracleum mantegazzianum).

(M) Apple of Peru (Nicandra physalodes).

(N) Marestail (Conyza canadensis)

(O) Kochia (Bassia scoparia).

(P) Palmer amaranth (Amaranthus palmeri).

(Q) Kudzu (Pueraria montana var. lobata).

(R) Japanese knotweed (Reynoutria japonica).

(S) Yellow Groove Bamboo (Phyllostachys aureasculata), when the plant has spread from its original premise of planting and is not being maintained.

(T) Field bindweed (Convolvulus arvensis).

(U) Heart-podded hoary cress (Lepidium draba sub. draba).

(V) Hairy whitetop or ballcress (Lepidium appelianum).

(W) Perennial sowthistle (Sonchus arvensis).

(X) Russian knapweed (Rhaponticum repens).

(Y) Cypress spurge (Euphorbia cyparissias).

(Z) Hedge bindweed (Calystegia sepium).

(AA) Serrated tussock (Nassella trichotoma).

(BB) Columbus grass (Sorghum x almum).

(CC) Forage Kochia (Bassia prostrata).

(DD) Water Hemp (Amaranthus tuberculatus).

(EE) Spotted knapweed (Centaurea stoebe).

Last updated February 18, 2025 at 7:56 AM

History

• Effective: February 16, 2025
• Promulgated Under: 119.03

Chapter 901:5-48 Hemlock Pest

Ohio Adm.Code 901:5-48-01 Notice of quarantine.

(A) In order to prevent the spread of hemlock woolly adelgid, Adelges tsugae, the following states are considered quarantined states for the purposes of this chapter: Alaska, Connecticut, Delaware, Georgia, Idaho, Kentucky, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, Washington and West Virginia.

(B) A list of regulated areas may be found at the Ohio department of agriculture's website: http://www.agri.ohio.gov/divs/plant/hwa.htm. Under authority of division (B) of section 927.71 of the Revised Code, the director of agriculture may, without further hearing, extend a regulated area to include additional portions of a quarantined state either:

(1) Upon publication of a notice to that effect in such newspapers in the quarantined area as he may select; or,

(2) Upon written notice to those concerned.

Last updated June 17, 2024 at 10:28 AM

History

• Effective: June 29, 2015
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-48-02 Definitions.

As used in Chapter 901:5-48 of the Administrative Code:

(A) "Compliance agreement" means a written agreement between a person and the Ohio department of agriculture for the purpose of achieving the person's compliance with any set of requirements specified by the department of agriculture upon which certifications may be based and issued by the director. The term of a compliance agreement shall not exceed one year.

(B) "Hemlock" means all plants of the genus Tsuga.

(C) "Pest" means the insect known as hemlock woolly adelgid Adelges tsugae in any living stage of development.

(D) "Regulated area" means the counties where hemlock woolly adelgid has been found in a quarantined state.

Last updated June 17, 2024 at 10:29 AM

History

• Effective: June 29, 2015
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-48-03 Regulated articles.

The articles listed in paragraphs (A) to (H) of this rule are regulated articles subject to the quarantine established in rule 901:5-48-01 of the Administrative Code.

(A) Hemlock seedlings;

(B) Hemlock nursery stock;

(C) Hemlock logs with bark;

(D) Hemlock lumber with bark;

(E) Hemlock braches;

(F) Hemlock chips with bark;

(G) Uncomposted Hemlock bark; and,

(H) Any life stage of the pest.

Last updated June 17, 2024 at 10:29 AM

History

• Effective: June 29, 2015
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-48-04 Conditions for movement.

(A) No person shall transport into or within Ohio any regulated article listed in rule 901:5-48-03 of the Administrative Code, which originates in a quarantined state except as covered in paragraphs (B), (C), and (D) of this rule.

(B) Hemlock seedlings and nursery stock may be imported into Ohio from a non-regulated area of a quarantined state if the following requirements are met:

(1) Each lot of hemlock seedlings and hemlock nursery stock shall only be shipped if the articles are accompanied by a certificate signed by an authorized agricultural inspection official of the state of origin affirming that:

(a) The articles have been inspected and found free from hemlock woolly adelgid; and,

(b) The articles originated and were grown in a county where the hemlock woolly adelgid has not been found.

(2) Upon issuance, a copy of the certificate specified in paragraph (B)(1) of this rule must be emailed to plantpest@agri.ohio.gov or mailed to the "Division of Plant Health, 8995 E. Main Street, Reynoldsburg, OH, 43068."

(C) Hemlock logs with bark and hemlock lumber with bark shall only be shipped if the articles are accompanied by a certificate signed by an authorized agricultural inspection official of the state of origin affirming that:

(1) The articles are free from hemlock woolly adelgid; or,

(2) The articles originated in a county where hemlock woolly adelgid has not been found.

(D) Regulated articles that have been grown and shipped in accordance with the stipulations of a valid a compliance agreement or its equivalent that has been reviewed and approved by the Ohio department of agriculture may be allowed to enter into and move through Ohio.

Last updated June 17, 2024 at 10:29 AM

History

• Effective: December 9, 2021
• Promulgated Under: 119.03

Chapter 901:5-52 Spongy Moth

Ohio Adm.Code 901:5-52-01 Notice of quarantine.

(A) Pursuant to Chapter 927. of the Revised Code, the highly destructive insect Lymantria dispar, more commonly known as the spongy moth, is classified as a plant pest due to its invasive and devastating impact on the environment.

(B) Except as provided in rule 901:5-52-05 of the Administrative Code, no person shall transport any regulated articles as defined in rule 901:5-52-03 of the Administrative Code, from a regulated area as defined in rule 901:5-52-04 of the Administrative Code into or through a non-regulated area in the state of Ohio.

Last updated October 3, 2024 at 8:45 AM

History

• Effective: October 3, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-52-05

As stated in rule 901:5-52-01 of the Administrative Code, no person shall move from any regulated area as defined by rule 901:5-52-04 of the Administrative Code any regulated article as defined by rule 901:5-52-03 of the Administrative Code except in accordance with the conditions specified herein.

(A) A certificate must accompany the movement of regulated articles from any regulated area into or through any non-regulated area in Ohio. A copy of the certificate must be forwarded to the Ohio department of agriculture within seven calendar days of movement. Certificates may be issued by an inspector if the regulated articles:

(1) Have originated in non-infested premises and have not been exposed to infestation while within the regulated area; or

(2) Upon examination have been found free of infestation; or

(3) Have been treated to destroy any infestation in accordance with approved procedures; or

(4) Have been grown, produced, manufactured, stored, or handled in such a manner that no infestation would be transmitted thereby; or

(5) Will be handled, utilized, processed, or treated at the destination in such a manner that their movement will not hazard a spread of the spongy moth.

(B) There are no restrictions imposed on the movement of regulated articles within regulated areas or within federal quarantine areas, provided they do not transit any non-regulated areas in Ohio.

(C) As a condition of issuance of certificates for the movement of regulated articles, any person engaged in purchasing, assembling, exchanging, handling, processing, utilizing, treating, or moving such articles may be required to sign a compliance agreement, stipulating that he will maintain such safeguards against the establishment and spread of infestation and comply with such conditions as to the maintenance of identity, handling, and subsequent movement of such articles, and the cleaning and treatment of means of conveyance and containers used in the transportation of such articles as may be required by the inspector. Any compliance agreement may be canceled for failure to comply with the provisions of this quarantine or any conditions imposed pursuant to it.

Last updated October 3, 2024 at 8:46 AM

History

• Effective: October 3, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-52-03

The articles listed in paragraphs (A) to (D) of this rule are regulated articles subject to the quarantine established in rule 901:5-52-01 of the Administrative Code.

(A) The spongy moth, Lymantria dispar, in any living stage of development (i.e., egg, larva, pupa, or adult).

(B) Trees and woody shrubs, including cut Christmas trees.

(C) Logs, pulpwood, slabwood, firewood, and wood chips.

(D) Any other products, articles, or means of conveyance when it is determined by an inspector that a life stage of the spongy moth is in proximity to such articles, thereby presenting a risk of spreading the spongy moth, and the person in possession of those articles has been so notified.

Last updated October 3, 2024 at 8:46 AM

History

• Effective: October 3, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-52-04

The areas listed in this rule are declared to be regulated areas where a spongy moth infestation is known to exist at a level which poses a risk of spreading the pest to non-infested areas of Ohio and other states.

(A) The states or portions of states quarantined for the spongy moth by the USDA under 7 CFR 301.45.

(B) Additional regulated areas designated as quarantined by the Ohio department of agriculture pursuant to section 927.71 of the Revised Code. Detailed maps of the regulated areas can be found by visiting the department's website: www.agri.ohio.gov.

Last updated October 3, 2024 at 8:46 AM

History

• Effective: October 3, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-52-02 Definitions.

As used in this chapter:

(A) "Associated equipment" means any article incidental to the use of a mobile home and recreational vehicle, including by way of example, but not limited to: awnings, tents, outdoor furniture, trailer blocks and trailer skirts.

(B) "Block" means a contiguous area of land, whether owned by one, or more than one, person.

(C) "Block coordinator" means the primary contact person for correspondence and other activities regarding the treatment of a block for suppression of the spongy moth.

(D) "7 C.F.R. 301.45" means title seven of the Code of Federal Regulations section 301.45 (January, 2023).

(E) "Certificate" means a document issued by an inspector which allows the movement of regulated articles.

(F) "Compliance agreement" means a written agreement between a person engaged in growing, selling, processing, or moving regulated articles, and the Ohio department of agriculture setting forth specified measures to be implemented by the person to prevent the spread of the spongy moth.

(G) "Department" means the Ohio department of agriculture.

(H) "Federal quarantine areas" means states or portions of states quarantined for spongy moth by the USDA under 7 CFR 301.45.

(I) "Spongy moth" means the live insect, Lymantria dispar, in any life stage (egg, larva, pupa, adult). Spongy moth means the same as gypsy moth in 7 C.F.R. 301.45.

(J) "Infestation" means either the presence of the spongy moth in any living stage, or evidence that the spongy moth is present in any living stage (egg, larva, pupa, adult).

(K) "Inspector" means an employee of or any other person authorized by the state of Ohio, another state, or the USDA to enforce the provisions of a quarantine for spongy moth.

(L) "Person" means person as defined in division (J) of section 927.51 of the Revised Code.

(M) "USDA" means the United States department of agriculture.

Last updated October 3, 2024 at 8:45 AM

History

• Effective: October 3, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-52-06 Inspection and disposal.

(A) The department may stop and inspect, in a reasonable manner, any container, conveyance, package, or vehicle reasonably believed to contain a regulated article.

(B) Any properly identified inspector is authorized to seize, treat, destroy, or otherwise dispose of articles found to be moving in violation of this chapter. Items will be destroyed only if it is determined by any ODA inspector that destruction is the only feasible method to avoid transportation of the life stages of spongy moth.

Last updated October 3, 2024 at 8:46 AM

History

• Effective: October 3, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-52-07 Treatment of infestations.

When feasible, areas found to be infested, or which are so situated as to be subject to infestation, such as campgrounds and roadside rests, shall be treated to eradicate or otherwise suppress the infestation to whatever extent possible.

Last updated July 31, 2024 at 11:39 AM

History

• Effective: June 30, 2016
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-52-08 Spongy moth suppression program.

(A) A landowner may request that the department include the landowner's property in the spongy moth suppression program if:

(1) The block in which the landowner's property is located is eligible for inclusion in the program pursuant to paragraph (B) of this rule;

(2) The landowners designate a block coordinator who submits a completed application pursuant to paragraph (C) of this rule;

(3) Each landowner within the block:

(a) Signs and submits an agreement to participate in the program pursuant to paragraph (E) of this rule; and

(b) Submits payment of the total cost to be assessed to that landowner pursuant to paragraph (E) of this rule.

(4) Sufficient funds are available to allow the department to administer the spongy moth suppression program for the year for which the request is made.

(B) A block may be eligible for inclusion in the spongy moth suppression program if all of the following requirements are met:

(1) The block is located within the regulated area of the spongy moth quarantine, as set out in rule 901:5-52-04 of the Administrative Code;

(2) The block is comprised of no less than fifty contiguous acres of treatable area;

(3) The tree canopy covers no less than fifty per cent of the block;

(4) No less than thirty-five per cent of the tree species within the block boundary is comprised of tree species which are designated as susceptible;

(5) The density of spongy moth egg masses within the block is no less than either:

(a) Two hundred fifty egg masses per acre in a residential forested area; or

(b) One thousand egg masses per acre in an uninhabited forested area.

(6) The block has received a favorable assessment review by the Ohio department of natural resources and the United States fish and wildlife service.

(C) A block may be eligible for participation in the spongy moth suppression program if the director has received the following on or before the first day of September of the calendar year immediately preceding the year for which treatment for the block is sought:

(1) A completed application which can be found on the department's website www.agri.ohio.gov. The application must contain the following information in order to be deemed complete:

(a) The full name, mailing address and daytime telephone number of the block coordinator;

(b) The full name and address of each participating landowner owning property within the block;

(c) The township or municipal corporation in which the block to be treated is located;

(d) The county where the block to be treated is located;

(e) The preferred product for control of spongy moth in the block to be treated;

(f) The original signature of each participating landowner owning property within the block;

(g) The original signature of the block coordinator; and

(h) A map detailing the boundaries of the block as described in paragraph (C)(2) of this rule.

(2) A map detailing the boundaries of the block to be included in the suppression program. This map shall:

(a) Clearly outline all boundaries for each property forming the block to be treated;

(b) Identify by full name the owners of each property contained within the block to be treated; and

(c) Show the scale used when drawing the map. This scale shall be one of the following:

(i) For blocks less than two hundred acres in size, the scale shall be one inch equals two hundred feet; or

(ii) For blocks greater than or equal to two hundred acres, the scale shall be one inch equals four hundred feet.

(D) When calculating the total cost to be assessed to a landowner, the department shall:

(1) Determine the total treatable acres contained within the qualified block;

(2) Determine the total number of acres owned by each particular landowner;

(3) Determine the percent owned by each particular landowner by dividing the total number of acres owned by each landowner by the total treatable acres contained the qualified block;

(4) Determine the total cost per acre by determining the cost per acre of applying the insecticide as selected by the qualified block. This will be done per the current contract between the department and the aerial spray contractor;

(5) Multiply the percent owned by each landowner by the total cost of applying the insecticide to the entire qualified block. This will result in the total cost to be assessed to a landowner; and

(6) In no case shall the total cost to be assessed to a landowner exceed fifty per cent of the department's cost to treat the block in which the landowner's property is located.

(E) A landowner whose block has been approved for inclusion in the spongy moth suppression program shall sign an agreement provided by the department, and submit the signed agreement with payment equal to the total cost assessed to the landowner as calculated under paragraph (D) of this rule to the department on or before the first day of March of the calendar year in which the treatment is sought. If the agreement and payment equal to the total cost assessed to the landowner are not received on or before the first day of March, the treatment may not be scheduled.

Last updated October 3, 2024 at 8:46 AM

History

• Effective: October 3, 2024
• Promulgated Under: 119.03

Chapter 901:5-55 Apiary Registration

Ohio Adm.Code 901:5-55-01 Definitions.

As used in Chapter 901:5-55 of the Administrative Code:

(A) "Africanized honey bees" means any bees identified by the United States department of agriculture by approved identification methods to be classified as apis mellifera scutellata.

(B) "Beekeeper" means the person who is the owner or person responsible for the care of honey bee colonies.

(C) "Control" means using any US EPA approved method to eliminate or significantly reduce the disease symptoms or pest.

(D) "Department" means the Ohio department of agriculture.

(E) "Deputy apiarist" means a county apiary inspector appointed by the board of county commissioners with the consent and concurrence of the director of agriculture.

(F) "Deputy state apiarist" means a state apiary inspector employed by the department of agriculture who works under the state apiarist which assists in enforcing sections 909.01 to 909.18 of the Revised Code.

(G) "No consent form" means a document that may be signed by a beekeeper which indicates that the department may not enter their property for the purposes of inspection without the beekeeper's approval. No consent forms may be found at the department's website www.agri.ohio.gov.

(H) "Nuc" means a smaller "nucleus" colony of bees in a box with three to eight frames containing a laying queen bee and her progeny in all life stages. The nuc shall have honey and a viable population sufficient enough to develop into a full sized colony.

(I) "Pest" means an animal, mite or insect that may cause harm to the honey bee colony.

(J) "Pollination" means the use of honey bees for the transfer of pollen in the production of agricultural crops.

(K) "Queen rearing apiaries" means any apiary in which queen bees are reared for sale or gift.

(L) "State apiarist" means a competent entomologist appointed by the director of agriculture who enforces sections 909.01 to 909.18 of the Revised Code.

(M) "Serious bee disease" means any bee disease or pest the director of agriculture determines to be a threat to the beekeeping industry within the state.

(N) "US EPA" means United States environmental protection agency.

Last updated June 26, 2025 at 7:28 AM

History

• Effective: June 26, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-55-02 Registrations.

(A) Pursuant to section 909.02 of the Revised Code, all persons required to register their apiary may find an application on the department's website www.agri.ohio.gov. Renewal registration applications are also available at the department's website.

(B) Honey bee colonies moved within this state for pollination purposes shall be returned to an Ohio registered apiary no later than ten days after the conclusion of the pollination service for the crop involved. Colonies which are not returned as required shall be considered a permanent apiary, which shall be registered in accordance with section 909.02 of the Revised Code.

(C) Any person moving honey bee colonies into this state for the purposes of pollination shall notify the department in writing to apiary@agri.oho.gov or at 8995 east Main street, Reynoldsburg, Ohio 43068, at least seven days prior to the shipment of bees into the state. The notice shall be accompanied by a current certificate of inspection by an authorized inspector from the state or country wherein shipment or movement originated. The certificate shall identify all pathogens and parasites diagnosed and any controls that were implemented. The owner shall provide an address, coordinates, map or description of the location where the hives will be placed as well as the period of time in which the bees will be at that location. If the hives are at a location for longer than two consecutive months, that location shall be registered as an apiary in accordance with section 909.02 of the Revised Code.

Last updated June 26, 2025 at 7:28 AM

History

• Effective: June 26, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-55-03 Serious bee diseases.

Pursuant to section 909.03 of the Revised Code, the following have been classified as serious bee diseases:

(A) American foulbrood, Paenibacillus larvae.

(B) Varroa mite, Varroa destructor.

(C) Tracheal mite, Acarapis woodi.

(D) Small hive beetle, Aethina tumida.

(E) Nosema ceranae.

(F) Tropilaelaps spp.

(G) European foulbrood, Melissococus plutonious.

Last updated May 1, 2025 at 12:47 PM

History

• Effective: October 22, 2017
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-55-04 Inspection and procedures.

(A) The state apiarist, deputy state apiarists, and deputy apiarists shall have the authority to inspect all apiaries and feral or unclaimed honey bee colonies.

(B) All inspections shall be conducted using the inspection procedures, policies, and best management practices as detailed by the department in carrying out the inspection and enforcement of Chapter 909. of the Revised Code.

(C) Inspection results shall be delivered to the beekeeper as soon as possible following the completion of the inspection.

Last updated June 26, 2025 at 7:29 AM

History

• Effective: June 26, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-55-05 No consent and search warrant.

(A) Beekeepers may submit a signed and completed no consent form to the department prior to March fifteenth of each calendar year.

(B) Upon receipt of the completed form, the department will communicate to the county and associated deputy apiarist that the beekeeper has completed the form.

(C) The department may work with the beekeeper to address the reason for no consent and find an appropriate time to inspect the apiary.

(D) Pursuant to section 909.05 of the Revised Code, if the department is denied access to any premises where access is sought for the purposes of this section, the department may apply to any court of competent jurisdiction for a search warrant authorizing access to the premises for those purposes. The court, upon receiving the application, may issue the search warrant for the purposes requested.

(E) The department may deny the issuance of and/or revoke any associated permits or certifications for an apiary that has filed a no consent form.

Last updated May 1, 2025 at 12:47 PM

History

• Effective: October 22, 2017
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-55-06 Confirmation of disease.

(A) Any colony diagnosed by the state apiarist, deputy state apiarist, or deputy apiarist to have a serious bee disease shall be confirmed by the department or an accredited diagnostic laboratory prior to an order for destruction pursuant to section 909.03 of the Revised Code is made.

(B) A copy of the sample test results shall be provided to the beekeeper.

Last updated June 26, 2025 at 7:29 AM

History

• Effective: June 26, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-55-07 Disease controls.

(A) If any serious bee disease is diagnosed or africanized honey bees are discovered in an apiary, the state apiarist, deputy apiarist, or deputy state apiarist shall provide notice to the beekeeper indicating:

(1) The results of the inspection and any evidence of the serious bee disease or africanized honey bees;

(2) The corrective actions, if any are available, that are needed to be taken by the apiary; and

(3) The time in which the apiary has to comply with the corrective actions.

(B) Failure to comply with the notice described in paragraph (A) of this rule may result in an order of destruction pursuant to section 909.03 of the Revised Code and rule 901:5-55-06 of the Administrative Code.

Last updated June 26, 2025 at 7:29 AM

History

• Effective: June 26, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-55-08 Special inspection fees.

(A) Any inspections conducted by the state apiarist, deputy apiarist, or deputy state apiarist on honey bee colonies and used beekeeping equipment entering this state, where the state or country of origin has no inspection facilities, shall be assessed a fee of fifty cents for each colony plus a flat rate of twenty dollars per day.

(B) The inspection fee shall be due upon the completion of the inspection and made payable to the department, unless otherwise indicated.

Last updated June 26, 2025 at 7:29 AM

History

• Effective: June 26, 2025
• Promulgated Under: 119.03

Chapter 901:5-56 Spotted Lanternfly

Ohio Adm.Code 901:5-56-01 Notice of quarantine.

(A) Pursuant to sections 927.70 and 927.52 of the Revised Code, the director has determined the insect Lycorma delicatula, more commonly known as the spotted lanternfly, to be destructive and dangerously harmful pest due to the spotted lanternfly's impact on agriculture and the environment.

(B) Except as provided in rule 901:5-56-05 of the Administrative Code, no person shall transport any regulated articles, as defined in rule 901:5-56-03 of the Administrative Code, from a regulated area, as defined in rule 901:5-56-04 of the Administrative Code, into or through a non-regulated area in the state of Ohio.

Last updated July 31, 2024 at 11:39 AM

History

• Effective: October 28, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-56-05

(A) No person shall move regulated articles that have originated from a regulated area into a non-regulated area within the state of Ohio unless:

(1) Such regulated article is accompanied by an official certificate approved by the department or will be moved into the state of Ohio for experimental or scientific purposes, on such conditions and under such safeguards as may be prescribed in writing by the department; or

(2) Such regulated article has been loaded, handled, or shipped in a manner reasonably designed to prevent the regulated article from becoming infested with or harboring spotted lanternfly; and

(3) The regulated article is accompanied by a waybill that sets forth the regulated article's point of origin and intended destination.

(B) Regulated articles moved through regulated areas may enter the state of Ohio provided that the regulated article has not originated from a regulated area and:

(1) Such regulated article is accompanied by a waybill that sets forth the regulated article's point of origin and intended destination; and

(2) Such regulated article has moved directly through a quarantine area without stopping except for refueling and traffic conditions.

Last updated July 31, 2024 at 11:39 AM

History

• Effective: October 28, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-56-03

The articles listed in paragraphs (A) to (C) of this rule are regulated articles subject to the quarantine established in rule 901:5-56-01 of the Administrative Code.

(A) The spotted lanternfly in any living stage of development;

(B) Plants and plant parts, which include, but are not limited to, live or dead trees, nursery stock, firewood, logs, perennial plants, garden plants, agricultural produce, stumps, branches; and

(C) Any other products, articles, or means of conveyance that pose a reasonable risk of spreading spotted lanternfly as determined by the director.

Last updated July 31, 2024 at 11:39 AM

History

• Effective: October 28, 2021
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-56-04

The areas listed in this rule are declared to be regulated areas where a spotted lanternfly infestation is known to exist at a level which poses a risk of spreading the pest to non-infested areas of Ohio and other states.

(A) The following states or portions of states infested with the spotted lanternfly as listed here: Pennsylvania, New York, Connecticut, New Jersey, Maryland, Virginia, West Virginia, Delaware, Ohio, Illinois, Indiana, Kentucky, Tennessee, North Carolina, Massachusetts, Michigan and Rhode Island.

(B) A list of regulated areas may be found at the Ohio department of agriculture's website: www.agri.ohio.gov. Inclusion on the list published at the Ohio department of agriculture's website is considered as written notice in accordance with division (B) of section 927.71 of the Revised Code.

Last updated October 3, 2024 at 8:47 AM

History

• Effective: October 3, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-56-02 Definitions.

As used in this chapter:

(A) "Compliance agreement" means a written agreement between a person engaged in growing, selling, processing, or moving regulated articles, and the Ohio department of agriculture setting forth specified measures to be implemented by the person to prevent the spread of the spotted lanternfly.

(B) "Department" means the Ohio department of agriculture.

(C) "Director" means the director of the Ohio department of agriculture.

(D) "Infestation" means either the presence of the spotted lanternfly in any living stage, or evidence that the spotted lanternfly is present in any living stage (egg, nymph, adult).

(E) "Official Certificate" means a compliance agreement certificate, certificate of quarantine compliance, permit, or other document approved by the Ohio department of agriculture and the origin state or USDA, which allows the movement of regulated articles.

(F) "Person" means person as defined in division (J) of section 927.51 of the Revised Code.

(G) "Spotted lanternfly" means the live insect, Lycorma delicatula, in any life stage (egg, nymph, adult).

Last updated October 3, 2024 at 8:47 AM

History

• Effective: October 3, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-56-06 Inspection and disposition of shipments.

(A) The department may stop and inspect, in a reasonable manner, any container, conveyance, package, or vehicle reasonably believed to contain a regulated article.

(B) When a regulated article has been moved into the state of Ohio in violation of this rule, an inspector may take action as authorized by the director to mitigate the risk of introduction or spread of the spotted lanternfly.

(C) If a regulated article is found to be infested with or harboring spotted lanternfly, such regulated article must be rendered free of infestation without cost to the state of Ohio.

Last updated October 3, 2024 at 8:47 AM

History

• Effective: October 3, 2024
• Promulgated Under: 119.03

Chapter 901:5-57 Asian Longhorned Beetle

Ohio Adm.Code 901:5-57-01 Definitions.

As used in Chapter 901:5-57 of the Administrative Code:

(A) "Compliance agreement" means a written agreement between a person engaged in growing, selling, processing, or moving regulated articles, and the Ohio department of agriculture setting forth specified measures to be implemented by the person to prevent the spread of the Asian longhorned beetle.

(B) "Department" means the Ohio department of agriculture.

(C) "Firewood" means wood, either split or unsplit, in sections less than four feet in length.

(D) "Infestation" means either the presence of Asian longhorned beetle, in any living stage, or evidence that the Asian longhorned beetle was present in any living stage (egg, larva, pupa, adult).

(E) "Person" means person as defined in division (J) of section 927.51 of the Revised Code.

(F) "Pest" means the destructive insect known as Asian longhorned beetle (Anoplophora glabripennis) in any living stage of development.

(G) "Regulated area" means the portion of the quarantined state and appropriate environs with an infestation of the Asian longhorned beetle as declared by the director in accordance with section 927.71 of the Revised Code, to which this quarantine is limited.

(H) "Regulated article" means any item, combination of items, or means of conveyance determined by the director of agriculture to be capable of or having the potential to harbor, spread, or assist in the spreading of Asian longhorned beetle.

Last updated October 3, 2024 at 8:47 AM

History

• Effective: October 3, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-57-02 Notice of quarantine.

(A) Pursuant to Chapter 927. of the Revised Code, the highly destructive insect known as the Asian longhorned beetle (Anoplophora glabripennis) is classified as a plant pest due to its invasive and devastating impact on the environment.

(B) Except as provided in rule 901:5-57-03 of the Administrative Code, no person shall move or cause to be moved any regulated article, as defined in rule 901:5-57-04 of the Administrative Code, from or within a regulated area, as defined in rule 901:5-57-05 of the Administrative Code, into or through a non-regulated area in the state of Ohio.

Last updated July 31, 2024 at 11:40 AM

History

• Effective: November 9, 2018
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-57-03

(A) As stated in rule 901:5-57-02 of the Administrative Code, no person shall move from any regulated area as defined by rule 901:5-57-04 of the Administrative Code any regulated article as defined by rule 901:5-57-05 of the Administrative Code except in accordance with the conditions specified herein:

(1) The person has first entered into a compliance agreement with the department or the United States department of agriculture;

(2) The regulated article is accompanied by an official certificate from the department or United States department of agriculture verifying that the regulated article complies with the conditions of the associated compliance agreement; and

(3) The compliance agreement may require and specify the manner in which a regulated article is harvested, treated, stored, moved, processed, or disposed. The compliance agreement may contain any other requirements that the department determines are necessary to ensure that the purpose of the quarantine is not compromised.

(B) As stated in rule 901:5-57-02 of the Administrative Code, no person shall move within any regulated area as defined by rule 901:5-57-04 of the Administrative Code any regulated article as defined by rule 901:5-57-05 of the Administrative Code except in accordance with the conditions specified herein:

(1) The points of origin and destination are indicated on a waybill accompanying the regulated article;

(2) The regulated article is moved through the quarantined area without stopping, or has been stored, packed, or handled at locations approved by the department as not posing a risk of infestation by the pest; and

(3) The article has not been combined or commingled with other articles so as to lose its individual identity.

(C) As a condition of issuance of certificates for the movement of regulated articles, any person engaged in purchasing, selling, assembling, exchanging, handling, processing, harvesting, utilizing, treating, or moving such articles may be required to sign a compliance agreement, stipulating that the person will maintain such safeguards against the establishment and spread of infestation and comply with such conditions as to the maintenance of identity, handling, and subsequent movement of such articles, and the cleaning and treatment of means of conveyance and containers used in the transportation of such articles as may be required by the department. Any compliance agreement may be canceled by the department for failure to comply with the provisions of this quarantine or any conditions imposed pursuant to it.

Last updated October 3, 2024 at 8:48 AM

History

• Effective: October 3, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-57-04

The articles listed in this rule are regulated articles subject to the quarantine established in rule 901:5-57-02 of the Administrative Code.

(A) Firewood, stumps, roots, branches, debris and other material living, dead, cut, or fallen from all hardwood species; and

(B) Lumber, nursery stock and logs of the following genera:

(1) Acer (maple),

(2) Aesculus (horse chestnut),

(3) Albizia (mimosa),

(4) Betula (birch),

(5) Cercidiphyllum (katsura),

(6) Fraxinus (ash),

(7) Koelteria (golden raintree),

(8) Platanus (sycamore),

(9) Populus (poplar),

(10) Salix (willow),

(11) Sorbus (mountain ash), and

(12) Ulmus (elm).

(C) Any other product, article, or means of conveyance when it is determined by the department that a life stage of the pest is in proximity to such articles, thereby presenting a risk of spreading the pest, and the person in possession of those articles has been so notified.

Last updated October 3, 2024 at 8:48 AM

History

• Effective: October 3, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-57-05

The areas listed in this rule are declared to be regulated areas where the pest is known to exist at a level which poses a risk of spreading the pest to non-infested areas of Ohio and other states:

(A) Portions of Tate township, Clermont county;

(B) Portions of East Fork state park within Tate township and east of north Campbell rd. and west and south of William H. Harsha lake;

(C) All public lands in Williamsburg township south of Clover rd. from where Clover rd. ends at Harsha lake following a line due west to the closest point that intersects the boundary of Tate township and Williamsburg township; and

(D) Additional regulated areas may be designated as quarantined by the Ohio department of agriculture pursuant to section 927.71 of the Revised Code. Detailed maps of the most current regulated areas can be found by visiting the department's website: www.agri.ohio.gov.

Last updated November 5, 2025 at 9:02 AM

History

• Effective: November 1, 2025
• Promulgated Under: 119.03

Chapter 901:5-58 Box Tree Moth

Ohio Adm.Code 901:5-58-01 Notice of quarantine.

(A) Pursuant to sections 927.70 and 927.52 of the Revised Code, the director has determined the insect Cydalima perspectalis, more commonly known as the box tree moth, to be destructive and dangerously harmful pest due to the box tree moth's impact on agriculture and landscapes.

(B) Except as provided in rule 901:5-58-05 of the Administrative Code, no person shall transport any regulated articles, as defined in rule 901:5-58-03 of the Administrative Code, from a regulated area, as defined in rule 901:5-58-04 of the Administrative Code, into or through a non-regulated area in the state of Ohio.

Last updated April 12, 2024 at 1:48 AM

History

• Effective: April 11, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-58-05

(A) Regulated articles may move into or through regulated areas provided that the regulated article has not originated from a regulated area and:

(1) Such regulated articles are accompanied by a waybill that sets forth the regulated article's point of origin and intended destination;

(2) Such regulated articles have moved directly through a regulated area without stopping except for refueling and traffic conditions;

(3) Such regulated articles are in transit through the regulated area for no more than eight hours and which are safeguarded from infestation by tarping or enclosure and are not unloaded or commingled with regulated articles of different origins for the purposes of a delivery route; or

(4) Such regulated articles are moved into the regulated area for the purpose of immediate installation or delivery to a licensed dealer or producer of nursery stock.

(B) The director may allow movement of regulated articles which originate within a regulated area to areas outside of the regulated area through a written compliance agreement issued by the director provided the regulated articles:

(1) Have been grown, handled and shipped in accordance with the stipulations and provisions of a valid compliance agreement issued by the department, or has been reviewed and approved by the department and issued by USDA or another state's regulatory equivalent; and

(2) Are accompanied by an official certificate or markings authorizing such movement.

(C) A person engaged in growing, handling, or moving a regulated article intrastate may request a compliance agreement with the department. The department may, in its sole discretion, issue or decline to issue a compliance agreement. Any authorized holder of a compliance agreement shall comply with the provisions of this part and any conditions imposed under the compliance agreement. Any compliance agreement may be canceled by the department, either orally or in writing, whenever the director determines, that the authorized holder of the compliance agreement has not complied with this rule or the conditions imposed under the compliance agreement.

Last updated April 12, 2024 at 1:48 AM

History

• Effective: April 11, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-58-03

Box tree moth (Cydalima perspectalis), in any living form. The whole plant, plant parts, and nursery stock of the genus Buxus, including all living and dead material, cut or fallen stems and branches, stumps, stems, roots, branches, leaves and debris, any of which measuring a half inch or greater in any two dimensions as measured by a sieve or other appropriate mechanism, or any plant material that is commingled with or indistinguishable from any part of the Buxus plant and/or plant parts except seeds. A regulated article may also include any other article, commodity, item, or product that the director reasonably believes to be infested or susceptible to infestation by box tree moth.

Last updated April 12, 2024 at 1:48 AM

History

• Effective: April 11, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-58-04

The areas listed in this rule are declared to be regulated areas where a box tree moth infestation is known to the director of agriculture to exist at a level which poses a risk of spreading the pest to non-infested areas of Ohio and other states.

(A) The states or portions of states infested with the box tree moth may be found at the USDA-APHIS website at https://www.aphis.usda.gov/plant-pests-diseases/box-tree-moth.

(B) Additional regulated areas designated as quarantined by the Ohio department of agriculture pursuant to section 927.71 of the Revised Code. Detailed maps of the regulated areas can be found by visiting the department's website: www.agri.ohio.gov/btm.

Last updated November 5, 2025 at 9:02 AM

History

• Effective: November 1, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 901:5-58-02 Definitions.

The following terms as used in this chapter shall be construed to mean:

(A) "Box Tree Moth" means any living life stage of the insect known as Cydalima perspectalis.

(B) "Official Certificate" means a phytosanitary certificate, compliance agreement certificate, certificate of quarantine compliance, permit, or its equivalent issued by the Ohio department of agriculture, an authorized state agricultural official or USDA.

(C) "Compliance agreement" means a written agreement between a person engaged in growing, selling, processing, or moving regulated articles, and a department of agriculture or regulatory equivalent setting forth specified measures for the person to implement to prevent the spread of the box tree moth.

(D) "Department" means the Ohio department of agriculture.

(E) "Director" means the director of the Ohio department of agriculture or authorized representative.

(F) "Infestation" means the presence of the box tree moth or the existence of the circumstances that make it reasonable to believe that the box tree moth is present.

(G) "Inspector" means an employee of the department authorized to enforce the provisions of this quarantine.

(H) "Moved or Move or Movement" means shipped, held for shipment, received for shipment, transported, carried, or allowed to be moved or shipped.

(I) "Person" means any individual, partnership, corporation, company, society, association, unit of government, or other organized group.

(J) "Pest" means box tree moth (Cydalima perspectalis).

Last updated April 12, 2024 at 1:48 AM

History

• Effective: April 11, 2024
• Promulgated Under: 119.03