Ohio Administrative Code|Rule 901:5-11-10 | Recordkeeping.

                                                

(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
servicepersons working under the commercial applicator's direct
supervision:

(a) Name of responsible commercial applicator and names of the
trained servicepersons 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 servicepersons working under the commercial applicator's direct
supervision:

(a) Name of responsible
commercial applicator and names of the trained servicepersons 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.

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