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By: Jeffrey K. Lewis, Esq., Friday, May 16th, 2025

On April 9, 2025, the Ohio House of Representatives passed its version of the state’s biennial budget, also known as House Bill 96, which introduces substantial revisions to Ohio’s pesticide application laws. These updates aim to bring the state into closer alignment with current federal regulations and carry significant implications—particularly for family farms that involve youth workers. As the school year ends and more minors begin working regularly on farms, the timing of these proposed changes raises concerns about how they may limit the roles young people can legally perform—especially when it comes to pesticide-related tasks. 

Changes on the Horizon?
One of the most notable changes is the proposed restriction that only licensed commercial or private pesticide applicators may “use” Restricted Use Pesticides (“RUPs”). This would eliminate the previous allowance for trained service persons, immediate family members, or employees to apply RUPs under the direct supervision of a licensed applicator.

Additionally, House Bill 96 expands the definition of “use” of RUPs to include not only the act of application but also:

  1. Pre-application activities such as mixing and loading;
  2. The application itself, performed by a licensed commercial or private applicator;
  3. Other pesticide-related tasks, including transporting or storing opened containers, cleaning equipment, and disposing of leftover pesticides, spray mixtures, rinse water, containers, or any materials containing pesticides.

The bill makes clear that no individual may use RUPs unless they are properly licensed under Ohio law, reinforcing the importance of formal certification for anyone involved in pesticide handling.

What Does this Mean for Youth on the Farm?
Under current Ohio law, immediate family members—including minors—are permitted to apply RUPs as long as they are under the direct supervision of a licensed applicator. For years, agricultural families have relied on this exemption to allow youth to assist with farm duties involving pesticide use. However, the proposed changes in House Bill 96 would eliminate this exception by requiring that anyone handling RUPs be individually licensed. Because Ohio law mandates that pesticide applicators be at least 18 years old, minors would no longer be permitted to perform any pesticide-related tasks, even under direct supervision. Of course, this provision is not just geared toward youth on the farm—it also affects employees and trained service persons who previously operated under a licensed applicator’s supervision. If the proposed changes go through, a violation of the law could result in significant civil penalties. 

Given the proposed changes in House Bill 96, it’s an appropriate time to take a broader look at the full range of youth labor regulations that apply to farm work. While pesticide use is just one area impacted by legal restrictions, there are numerous federal and state laws that govern what tasks minors can perform, what equipment they can operate, and how many hours they can legally work—especially during the school year versus summer months. These rules can vary based on the age of the minor and their relationship to the farm owner. With regulatory changes potentially tightening in one area, it’s essential for farm families and employers to ensure they are in compliance across the board to avoid penalties and ensure safe, lawful participation of youth in agricultural work. Read more about employing youth on the farm here

Next Steps
Farm families and employers should begin preparing for the upcoming changes to Ohio’s pesticide rules. While these changes aren't law yet—they won’t take effect until the Governor signs the bill—they are needed to align Ohio’s regulations with federal law. If Ohio wants to keep its authority to enforce the Federal Insecticide, Fungicide, and Rodenticide Act ("FIFRA"), these updates are a forgone conclusion.

To review the specific pesticide-related provisions in House Bill 96, begin on page 903 of the bill text. Alternatively, for an overview of the proposed budget and potential changes, you can consult the summary prepared by the Ohio Legislative Service Commission.

By: Peggy Kirk Hall, Tuesday, October 24th, 2017

Last week, the Environmental Protection Agency (EPA) announced an agreement with Monsanto, BASF and DuPont to change dicamba registration and labeling beginning with the 2018 growing season. EPA reports that the agreement was a voluntary measure taken by the manufacturers to minimize the potential of dicamba drift from “over the top” applications on genetically engineered soybeans and cotton, a recurring problem that has led to a host of regulatory and litigation issues across the Midwest and South. The upcoming changes might alleviate dicamba drift issues, but they also raise new concerns for farmers who will have more responsibility for dicamba applications.

The following registration and labeling changes for dicamba use on GE soybeans and cotton will occur in 2018 as a result of the agreement:

  • Dicamba products will be classified as “restricted use” products for over the top applications. Only those who are certified through the state pesticide certification program or operating under the supervision of a certified applicator may apply the product. Training for pesticide certification will now include information specific to dicamba use and application, and applicators will be required to maintain records on the use of dicamba products.
  • The maximum wind speed for applications will reduce from 15 mph to 10 mph.
  • There will also be greater restrictions on the times during the day when applications can occur, but details are not yet available on those restrictions.
  • Tank clean-out instructions for the prevention of cross contamination will be on the label.
  • The label will also include language that will heighten the awareness of application risk to sensitive crops.

Farmers should note that the additional restrictions and information on dicamba labels shifts more responsibility for the product onto the applicator.  An applicator must take special care to follow the additional label instructions, as going “off label” subjects an applicator to higher risk. If drift occurs because of the failure to follow the label, the applicator is likely to be liable to the injured party for resulting harm and may also face civil penalties. Producers should take care to assess the new dicamba labels closely when the manufacturers issue the revised labels for 2018.

To learn more about legal issues with pesticide use, be sure to sit in on the Agricultural & Food Law Consortium’s upcoming webinar, “From Farm Fields to the Courthouse: Legal Issues Surrounding Pesticide Use.” The webinar will take place on Wednesday, November 1 at Noon EST and will feature an examination of regulatory issues and litigation surrounding pesticide use around the country by attorneys Rusty Rumley and Tiffany Dowell Lashmet. To view the free webinar, visit http://nationalaglawcenter.org/consortium/webinars/pesticide/

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