Chapter 901:5-4 Fertilizer Applicators
(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.
(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.
(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.
(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.
(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:
(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.
(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 June and shall expire the last day of May 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.
(B) Except as provided in this paragraph, all applicants for a fertilizer certificate must complete three hours of agricultural nutrient training. The following individuals are exempted from this requirement:
(1) Individuals who, at the time of their initial application for a fertilizer certificate, maintain a valid and current pesticide applicator license as outlined in Chapter 921. of the Revised Code shall complete a minimum of two hours of agricultural nutrient training.
(2) Individuals who, at the time of their renewal application for a fertilizer certificate, maintain a valid and current fertilizer certificate under the rules of this chapter, shall complete a minimum of two hours of agricultural nutrient training.
(C) Each applicant shall successfully complete a course which satisfies paragraphs (A) and (B) of this rule within twenty-four months prior to submitting an application, including renewal applications, for a fertilizer certificate.
(2) Individuals who hold a valid and current livestock managers certification under section 903.07 of the Revised Code.
(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:
(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.
(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.
The director may deny, suspend, or revoke a fertilizer applicator certificate if the certificate holder or certificate applicant has:
(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;
(E) Failed to maintain records as required in rule 901:5-4-04 of the Administrative Code; and
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.
(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:
(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:
(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.