(A) Commercial
applicators:
(1) Applying pesticides under
the pesticide use categories defined in paragraphs (N)(7) and (N)(10) of rule
901:5-11-01 of the
Administrative Code, or to structures and their contents shall record, in
English, on the date of application the following information for each
application made by the commercial applicator or trained service persons
working under the commercial applicator's direct supervision:
(a) Name of responsible commercial applicator
and names of the trained service persons applying pesticides under the
commercial applicator's direct supervision;
(b) Name and address of person contracting
for service;
(c) Date of
application;
(d) Pests to be
controlled;
(e) Locations and
methods of treatment for each pesticide used;
(f) Trade name (brand name) and EPA
registration number of pesticides used;
(g) Application concentration or dilution
used for each pesticide and total volume applied;
(h) Time of day of application, including the
time of starting the actual application and the time of completion of
application or, if uncompleted, the time when operations ceased for the
day.
(2)
All pesticide applications not covered in paragaraph
(A)(1) of this rule shall record, in English, on the date of application the
following information for each application made by the commercial applicator or
trained service persons working under the commercial applicator's direct
supervision:
(a)
Name of responsible commercial applicator and names of the
trained service persons applying pesticides under the commercial applicator's
direct supervision;
(b)
Name and address of person contracting for
service;
(c)
Date of application;
(d)
Type and size of
area to be treated;
(e)
Location or field identification number of treatment
area, if different than the address in paragraph (A)(2)(b) of this
rule;
(f)
Trade name (brand name) and EPA registration number of
pesticides used;
(g)
Total amount of each pesticide product
used;
(h) If diluted, total volume of use dilution
applied;
(i)
Type of equipment used; Time of day of application,
including the time of starting the actual application and the time of
completion of application or, if uncompleted, the time when operations ceased
for the day; and
(j)
Wind direction, velocity and air
temperature.
(3)
Applying pesticides or monitoring devices to structures for the control or
monitoring of termites, shall create before the application, a detailed drawing
of the footprint of the structure to be treated. This drawing must include
linear dimensions of the structure and, for liquid termiticide applications,
the depth to footer on all exterior walls.
(4) Utilizing bait or monitoring devices in
and around structures for the monitoring or control of termites shall create in
English on the date of installation and subsequent monitoring of those
stations, a record which includes all information required in paragraphs
(A)(1)(a), (A)(1)(b), (A)(1)(c), and
(A)(1)(f) of this rule, as well as:
(a)
Total number of bait or monitoring devices installed or monitored;
(b) Status of termite activity in each bait
or monitoring device.
(5) Shall submit, within ten days following
the date of completion, a copy of each record required under paragraphs (A)(1),
(A)(2), (A)(3) and (A)(4) of this rule to the registered pesticide business
location from which the application was conducted or the commercial
applicator's employer if the employer is not a pesticide business.
(6) Applying pesticides under pesticide-use
categories 2A, 2B, 2C, 2E, and 2F shall provide a copy of each pesticide
application record to the person contracting for service, upon request or, if
not requested, within thirty days after the pesticide application unless the
person contracting for services has provided to the pesticide business a signed
agreement allowing the pesticide business to retain that record.
(B) The employer of a commercial
applicator that receives copies of records under this rule or paragraph (I) of
rule
901:5-11-13
of the Administrative Code shall retain those records for a period of three
years from the date of application or inspection and shall make those records
available to the director.
(C)
Pesticide businesses shall:
(1) Retain at the
appropriate registered location, or at the pesticide business if there is no
registered location, records submitted to them under this rule or paragraph (I)
of rule
901:5-11-13
of the Administrative Code. Those records shall be maintained for a period of
three years from the date of application or inspection and shall be made
available to the director.
(2)
Retain for three years following the employee's termination, written
verification documenting that the employee has read the Ohio department of
agriculture trained servicepersons manual or received equivalent training prior
to the employee's first exposure to pesticides, as required by paragraph (A)(1)
of rule
901:5-11-02
of the Administrative Code. This verification shall be made available to the
director.
(D) Pesticide
dealers shall:
(1) Keep a record of all sales
of restricted-use pesticides made to pesticide applicators.
This record shall be maintained at the registered pesticide
business location where the sale was made using a format which includes the
following items:
(a) The name of the
pesticide applicator;
(b) The
license number and pesticide-use categories listed on the pesticide
applicator's license;
(c) The brand
name and quantity of pesticide purchased;
(d) The EPA registration number and invoice
number from the pesticide dealer's sales paperwork;
(e) The date of sale; and
(f) The name of the person receiving the
pesticide if different from the pesticide applicator.
The pesticide dealer's copy of the records of sales shall be
kept in a file and made available to the director during reasonable hours. The
dealer shall retain such records for no less than three years.
(2) Compile an annual
report of restricted-use pesticide sales records made for the period from the
first day of July to the last day of June of the following calendar year. The
report shall contain all of the information required under paragraph (D)(1) of
this rule. If there are no sales of restricted-use pesticides for the period,
the report shall so state. This report shall be made on a form designed by the
director or on a computer-generated equivalent. The report shall be made
available to the director during reasonable business hours. The dealer shall
retain the report for no less than three years.
(3) Submit on or before the last day of July
of each year to the pesticide regulation section of the Ohio department of
agriculture a copy of the report for the most recently completed reporting
period compiled pursuant to paragraph (D)(2) of this rule. The copy submitted
under this paragraph shall be identical to the report compiled and retained
pursuant to paragraph (D)(2) of this rule.
(E) Private applicators:
(1) Shall record the following information
for each application on the date of application:
(a) The responsible private applicator's name
and license number;
(b) The brand
or product name and EPA registration number of the restricted use pesticide
applied;
(c) The total amount of
the restricted use pesticide applied;
(d) Location and/or field number for area
treated and total area or acreage treated;
(e) Crop treated; and
(f) Month, day and year of
application;
(2) Shall
submit on the date of application a copy of records required under paragraph
(E)(1) of this rule to the private applicator's employer, if applicable.
(3) Or their employers, if
applicable, shall retain records generated pursuant to paragraph (E)(1) of this
rule for a period of three years from the date of application and shall make
those records available to the director. In the case of a crop site being
leased or rented by a private applicator, the private applicator shall make the
pesticide application record available within thirty days of the request by the
owner of the land or an agent thereof.
(4) Shall record the information required in
paragraph (E)(1) of this rule for both restricted and general use pesticides
applied under the exemption in division (D) of section
921.26 of the Revised
Code.