Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-11 - Pesticides › Section 901:5-11-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
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)
			 "Commercial lawn" means any cultivated turf, public or private, other than
			 residential lawns, cultivated for aesthetic purposes.
(E) "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.
(F) "Director" means the director of the Ohio
			 department of agriculture or an authorized representative thereof.
(G) "Drift" means the airborne movement of
			 pesticides beyond the target site during application.
(H) "FIFRA" means the "Federal Insecticide,
			 Fungicide, and Rodenticide Act," 7 U.S.C. 136
			 et seq., 
								(2014).
(I) "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.
(J) "Pesticide solicitor" means a pesticide
			 business whose sole pesticide business activity is seeking to sell pesticide
			 applications.
(K) "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.
(L)
			 "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.
(M) "Residential lawn" means cultivated turf
			 within the close of a single- or multi-family dwelling of four units or
			 less.
(N) 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 (N)(6) and (N)(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 (N)(6) and (N)(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 10(D), as defined in paragraph (N)(10) 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 pesticide use in category 6C "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 pesticide use in category 6C
			 "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 (N) (1) to
			 (N)(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.