State Operating Budget makes changes to pesticide application laws

After months of deliberation, the General Assembly delivered H.B. 96, the two-year state operating budget, to Governor Mike DeWine.  Governor DeWine signed the bill into law on June 30, vetoing several provisions. DeWine issued a number of line-item vetoes, and the General Assembly plans to hold a session on July 21 to override the vetoes related to property tax provisions in the bill. There is also a chance that the General Assembly may override additional vetoes unrelated to property tax in the fall. While we will certainly keep an eye on these possible veto overrides, the provisions of the budget bill affecting agriculture remain mostly intact. This is the second in our continuing series of blog posts about the newly passed state operating budget and its implications for agriculture in Ohio. In today’s installment, we will be looking into how H.B. 96 modifies Ohio’s pesticide application statutes.

Pesticide-related licensing, registration, and permitting

If you sell or distribute pesticides, apply pesticides, or hire someone to do so on your farm, H.B. 96 puts some changes in motion that you should be aware of.  The first affects distributors of pesticide products. The cost to register each pesticide product they distribute has increased from $150 to $250, with a late fee of $125 if registration renewal is filed after the deadline. Another change affects pesticide businesses. Under the new law, a pesticide business must obtain a license for every location that is owned by the business. Furthermore, a copy of the license must be displayed at each business location.

Turning to pesticide applicators, the examination for those applying to become licensed pesticide applicators was previously free, but the new language creates a $30 examination fee in addition to the existing $30 licensing fee. In another notable change, H.B. 96 increases the amount of time the Ohio Department of Agriculture can suspend any pesticide license, permit, or registration without a hearing from 10 days to 30 days.

New limits for restricted use pesticides

The most significant change in the law is to who may legally apply restricted use pesticides (RUPs).  Under H.B. 96, a state or federally listed RUP may only be used by licensed applicators, whether they apply privately or commercially. Previously, if you were a trained serviceperson acting under direct supervision of a commercial pesticide applicator, or immediate family members and subordinate employees acting under the direct supervision of a private applicator, you would have been permitted to apply RUPs. The new language does not permit any “use” of RUPs by anybody other than a licensed applicator.  The definition of “using” a RUP includes the following:

• Performing pre-application activities involving mixing and loading the pesticide;
• Applying the pesticide;
• Performing other pesticide-related activities, including transporting or storing pesticide containers that have been opened, cleaning equipment, and disposing of excess pesticides, spray mix, equipment wash waters, pesticide containers, and other pesticide-containing materials.

When does this all become effective?

One question many will have is when the language regarding who may legally use RUPs will actually go into effect. While most legislation becomes effective 90 days after it is signed into law, these changes are very technical and will likely have to go through a lengthy administrative rulemaking process. According to the Ohio Agribusiness Association, the Ohio Department of Agriculture “has committed to several months’ notice to applicators before any changes go into effect.”

We plan to follow the developing regulations on the use of RUPs very closely and will keep you updated when the new provisions of the law become effective.  In the meantime, if you’d like to look into H.B. 96 yourself, it is available here. We will be back next week to discuss more agricultural implications in the budget bill!