1. 2016 Core Update Turf/Ornamental James Belt Ohio Department of Agriculture 614-728-6389jbelt@agri.ohio.gov

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

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

4. 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

5. 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

6. Lawn Posting Sign Changes

7. 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

8. 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

9. 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

10. 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

11. Comment Period The comment period will close 90 days after the proposed changes publish in the Federal Register – Published on August 24, 2015 - 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

12. 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

13. Resources for Developing Effective Comments http://www.regulations.gov/docs/Tips_For_Su bmitting_Effective_Comments.pdf http://www.regulations.gov/docs/Tips_For_Su bmitting_Effective_Comments.pdf

14. How to Comment Go to http://www.regulations.gov - Search for the docket for the Certification proposal: EPA-HQ-OPP-2011-0183http://www.regulations.gov

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

17. 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.

18. Questions? Michelle Arling 703-308-5891 arling.michelle@epa.gov Carolyn Schroeder 703-308-2961 Schroeder.carolyn@epa.gov arling.michelle@epa.gov Schroeder.carolyn@epa.gov 18

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

20. 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

21. Complaint Investigations 127 Complaints in 2015 127 Complaints in 2015 141 Complaints in 2014 141 Complaints in 2014 145 Complaints in 2013 145 Complaints in 2013 153 Complaints in 2012 153 Complaints in 2012

22. 2015 Complaint Investigations

23. 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

24. Pesticide Misuse?

25. 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!!!

26. 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

27. 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

28. General Information You Should Know ORC 921.24 Prohibited Acts (There are 26 of them!) ORC 921.24 Prohibited Acts (There are 26 of them!) ORC 921.24(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 921.24(A) No person shall apply, use, directly supervise such application or use, or recommend a pesticide for use inconsistent with the pesticide’s labeling

29. 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

30. Prohibited Acts ORC 921.24(B) No person shall act as a commercial applicator without being licensed to do so. ORC 921.24(B) No person shall act as a commercial applicator without being licensed to do so.

31. 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 Apartments @ One Location

32. Prohibited Acts ORC 921.24(L) No person shall distribute a misbranded or adulterated pesticide. ORC 921.24(L) No person shall distribute a misbranded or adulterated pesticide. –Misbranded = Bad Labeling –Adulterated = Bad Product

33. Is this Misbranded?

34. 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

35. 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

36. www.agri.ohio.gov Questions and Comments? James Belt (614)728-6389 jbelt@agri.ohio.gov