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Request for Public Comment: Plant Health - 2018 Pesticide Rule Review

The Ohio Department of Agriculture is accepting comments regarding the rules found in Chapter 901:5-11 of the Ohio Administrative Code. The rules in this package have been reviewed pursuant to Chapter 119 of the Revised Code and the Five-Year Rule Review process. The comment period will remain open through September 14, 2018. Comments may be emailed to eComments@agri.ohio.gov or mailed to Legal Section, Ohio Department of Agriculture, 8995 E. Main St., Reynoldsburg, Ohio 43068.

901:5-11-01 outlines the definitions as used in the chapter. The rule is being amended to comply with the incorporation by reference requirements in order to add an effective date to the Federal Insecticide, Fungicide, and Rodenticide Act. Additionally, the definitions of several pesticide use categories have been amended to clarify that these pesticide categories do not include the use of fumigants. Finally, the definition of “anti-siphon device” has been amended to include the statement, “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.” This amendment was made to prevent contamination of the water source.

901:5-11-10 sets forth the recordkeeping requirements for all licensed applicators. The rule has been amended at the request of the industry to relieve recording unnecessary data during pesticide applications by commercial applicators. The current rule separates recordkeeping requirements based on the area where an applicator was applying pesticides. The breakdown resulted in situations where applicators were required to record wind direction and velocity during applications that could not be impacted by wind direction or velocity. The proposed rule seeks to correct this unnecessary recordkeeping requirement.