2016 Core Update Turf/Ornamental James Belt Ohio Department of Agriculture

Ohio Laws & Rules Proposed Federal Revisions for C&T Changes for RUP’s Complaint Investigations General Information You Should Know Session Topics

Ohio Law Changes Omnibus Bill includes language to require applicators to Re-Test if license is not renewed within 6 months of expiration

New Financial Responsibility Language Insurance needs to cover properties under the care, custody, and control of the pesticide application business as it relates to the application of pesticides, including but not limited to damage to the actual properties the pesticide business is treating or working on Public Hearing set for December 11 th with rule then set to become effective January 24, 2016

Several Rule Changes in Five Year Rule Review For the most part, no real content change in these rules For the most part, no real content change in these rules Lawn Posting SignsLawn Posting Signs Trained Servicepersons, Safety and RestrictionsTrained Servicepersons, Safety and Restrictions Demonstration of CompetenceDemonstration of Competence Recordkeeping for WDI InspectionsRecordkeeping for WDI Inspections Pesticide Use in SchoolsPesticide Use in Schools Exchange of InformationExchange of Information

Lawn Posting Sign Changes

Lawn Posting Signs Shall be placed in plain sight and not obscured by any other object Nothing is allowed to be printed on the back of the sign unless it is identical to the front of the sign after January 1, 2016 Must be proportional to size of the sign and required information

Exchange of Information If requested after a pesticide application, Pesticide Applicators shall provide to each customer and resident of the applied property, a legibly written statement of the pesticide applied, the amount applied and the date of application

Proposed Federal C & T Changes It is important to note that federal law establishes requirements for determining the competency of applicators ONLY FOR RESTRICTED USE PESTICIDES (RUPS) Most states have adopted at least some standards more stringent than the federal standards; there is variance among states’ standards for various parts of the rule

Proposed Changes: Recertification Current Rule States must have process to assure continued competency (no standards for the process or timeframe) Proposal Establish 3 year certification period Commercial applicators recertify by exam or 6 hours training for core and each category Private applicators recertify by exam or 6 hours training for general certification and 3 hours of training for each category Require applicators to earn at least half of the required hours within 18 months of their certification expiration date 10

Comment Period The comment period will close 90 days after the proposed changes publish in the Federal Register – Published on August 24, comment period ends November 23, 2015 – May be lengthened if an extension to the comment period is requested The comment period was extended and now ends December 23, 2015

Tips for Commenting Effectively Organize your comments by topic area, e.g., private applicator competency, recertification, state plans Identify credentials and experience that may distinguish your comments from others – highlight any relevant personal or professional experience When possible, support your comment with substantive data, facts, and/or expert opinions A single, well-supported comment may carry more weight than a thousand form letters. The Agency reviews form letters submitted during the public comment period, but the number received has less impact than the content

Resources for Developing Effective Comments bmitting_Effective_Comments.pdf bmitting_Effective_Comments.pdf

How to Comment Go to - Search for the docket for the Certification proposal: EPA-HQ-OPP http://

How to Comment Look for the blue ‘Comment Now’ button

How to Comment Review your comment(s) & your personal information (if applicable) Click the small box that says, “I read and understand the statement above.” Click the blue ‘Submit Comment’ button.

Questions? Michelle Arling Carolyn Schroeder

Pesticide Enforcement Voluntary Compliance Voluntary Compliance –Department wide Goal –Education and Compliance Assistance

Enforcement Options Criminal Prosecution Criminal Prosecution Court Ordered Injunction Court Ordered Injunction License Revocation License Revocation Civil Penalty Civil Penalty Notice of Warning Notice of Warning Field Notice of Warning Field Notice of Warning

Complaint Investigations 127 Complaints in Complaints in Complaints in Complaints in Complaints in Complaints in Complaints in Complaints in 2012

2015 Complaint Investigations

Complaint Breakdown 17 Complaints for Turf & Ornamental –7 Drift or Off Target Application –4 Site Damage –3 Pre-Notification or Posting Issues –1 Non-Licensed –1 Animal Exposure –1 Runoff

Pesticide Misuse?

Investigation Findings Clover in turf was attracting honey bees and swimmers were being stung Village employees applied 3 gallons of UNDILUTED Escalade 2 to approximately 15,000 square feet of lawn or 384 ounces of concentrate instead of 16.5 ounces in 7.5 gallons of water Notice of Warning Issued, Village employee obtained a license but not for turf as they do not intend to make applications here again!!!

Criminal Prosecution! 2011 Channel 6 on your side investigation Complaint filed with ODA Notice of Warning NLA/NLB 2011 Pattern of Central Ohio Complaints of Non-Performance/Fraud 2013 Summons Issued Local News Coverage Again

Who was it? Thomas E. Huber AKA The Tree Doctor, The Tree Guy –August, 2014, Arrested in Westerville, Ohio –Detained for Warrants and our Summons –November 2014 plead guilty to M2 count of acting as a Commercial Applicator without being licensed to do so and to M1 count for operating in a negligent manner

General Information You Should Know ORC Prohibited Acts (There are 26 of them!) ORC Prohibited Acts (There are 26 of them!) ORC (A) No person shall apply, use, directly supervise such application or use, or recommend a pesticide for use inconsistent with the pesticide’s labeling ORC (A) No person shall apply, use, directly supervise such application or use, or recommend a pesticide for use inconsistent with the pesticide’s labeling

Pesticide Labeling Pay Attention to Label Restrictions Pay Attention to Label Restrictions Re-Entry Restrictions Re-Entry Restrictions Re-Treatment Restrictions Re-Treatment Restrictions Weather Restrictions Weather Restrictions General Information vs. Specific Site Labeling General Information vs. Specific Site Labeling

Prohibited Acts ORC (B) No person shall act as a commercial applicator without being licensed to do so. ORC (B) No person shall act as a commercial applicator without being licensed to do so.

When is Licensure Required? Pesticide Applications Made For Hire Public Employees Daycare Employees School Employees College Employees Hospital Employees Food Establishment Employees Golf Course Employees Rental Owners/Employees w/ More Than 4 One Location

Prohibited Acts ORC (L) No person shall distribute a misbranded or adulterated pesticide. ORC (L) No person shall distribute a misbranded or adulterated pesticide. –Misbranded = Bad Labeling –Adulterated = Bad Product

Is this Misbranded?

Pesticide Distribution Concerns Distribute means to provide the pesticide to another person A pesticide is Misbranded if it’s label does not include all Federally required information Only registered pesticide producing establishments can produce pesticides

Older rules you should know Application records must be kept for 3 years from the date of application You have 48 hours to report by telephone any human illness that required medical attention that resulted from or allegedly resulted from your pesticide application and follow that report up with a written report within seven days of calling You have 10 days to submit a written report of property damage greater than $500 that resulted from or allegedly resulted from your pesticide application

Questions and Comments? James Belt (614)