OhioPLANT Successfully Advocates to Protect Ohio’s Pesticide Program

OhioPLANT successfully advocated for protection of Ohio’s pesticide program during the House Finance Committee’s deliberation of the state operating budget last week.  Through our efforts, Ohio will continue to administer its own system for pesticide education, licensure, and enforcement.

Like with many federal regulatory laws such as the Clean Air Act and the Clean Water Act, Ohio has authority to implement and enforce the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”).  ODA’s Division of Plant Health administers and enforces the pesticide laws in the Ohio Revised Code and the rules in the Ohio Administrative Code.  The U.S. Environmental Protection Agency (“U.S. EPA”) adopted amendments in 2017 to the federal code of regulation for FIFRA’s pesticide certification.  The rule change consequentially required states that apply their own program, like Ohio, to make changes in their laws to retain their delegation authority.  

ODA submitted its plan to comply with the new rule changes to U.S. EPA for its approval, which was granted in 2023.  The amendments to Ohio’s pesticide laws to fulfill ODA’s compliance with the federal rule was part of the Governor’s introduced budget.  However, the House Finance Committee adopted a substitute budget bill stripping the needed language from the budget.  Without these changes, Ohio would likely lose its delegation authority, leaving education, licensure, and enforcement of pesticides and applicators to the U.S. EPA.

OhioPLANT’s lobbyist, Tony Seegers, advocated for restoration of the language, meeting with members of the House, including the House Finance Committee Chairman, Rep. Brian Stewart (R-Ashville), and House Speaker Rep. Matt Huffman (R-Lima) that an amendment reinstating the necessary pesticide language was imperative for Ohio to keep its program.   We also submitted testimony in the House Finance Committee supporting an amendment.  The testimony is included below.

Through OhioPLANT’s efforts at the statehouse, the House Finance Committee adopted the amendment restoring the language and it is again part of the budget that has been passed by the House and is now being deliberated in the Ohio Senate.  OhioPLANT will work with the Senate Finance Committee members to ensure the amendment stays in the budget.

                                                                                               

Ohio House Finance Committee
House Bill 96 Interested Party Testimony
Tony Seegers, Representing OhioPLANT
April 8, 2025

Chairman Stewart, Vice Chairman Dovilla, Ranking Member Sweeney, and members of the House Finance Committee, my name is Tony Seegers and I represent OhioPLANT (Pesticide, Landscape, Agriculture, Nursery, and Turf professionals).  OhioPLANT was founded in 1984 and has since grown to include members from all sectors of the nutrient and pesticide application industries, as well as nurseries and golf courses.  OhioPLANT serves as the single voice of the pesticide and fertilizer industries in Ohio.  Our members vary from trade associations such as the Ohio Green Industry Association (formerly the Ohio Nursery and Landscape Association), the Ohio Pest Management Association, Ohio Agribusiness Association, Ohio Lawncare Association, Ohio Turfgrass Foundation, Ohio Farm Bureau Federation, golf course owners and management associations, as well as companies such as Scotts, TruGreen, Tigersul, and companies providing extermination services.  

Like with many other federal regulatory programs, Ohio has delegation authority to implement and enforce the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”) through the Ohio Department of Agriculture (“ODA”) in Chapter 921 of the Revised Code.  To keep its delegated status, Ohio’s laws and rules must be in compliance with federal law and regulations.  In 2017, the U.S. EPA adopted amendments to the federal code of regulation for FIFRA’s pesticide certification that required changes in states’ laws to keep delegation.  States had until March 4, 2020 to come into compliance, however, due to the pandemic that deadline was extended to 2023.  ODA’s compliance plan was approved by U.S. EPA Region 5 in 2023, but the language in Chapter 921 that was stripped from the budget sub bill is a necessary part of this compliance package.  We need this language restored for Ohio to retain its delegated status and the ability to administer its pesticide program through ODA’s Division of Plant Health.  Therefore, we respectfully request the committee support the amendment restoring the original language amending Chapter 921 in the budget.

Thank you for your time and consideration.

Tony Seegers, Esq.

As previously posted, OhioPLANT scored a legislative victory at the end of 2022 with the inclusion of our pesticide preemption language in HB 507 that was passed at the end of the General Assembly.  The language preempts local governments from banning or regulating pesticides on private property.  These are pesticides that must be registered with the Ohio Department of Agriculture.

Unfortunately, the City of Columbus filed suit in Franklin County Common Pleas Court in March claiming in an eight-count complaint that our language is an unconstitutional violation of Columbus home rule authority.  The Attorney General’s office has filed an answer in the case denying the claims by the city.  

OhioPLANT's Board considered a couple of options, one of which was filing a motion requesting to intervene as a defendant in the case.  The other option was to wait and see how the case, defended by the Attorney General's office, would play out and to file an amicus brief (a friend of the court brief) if there was an appeal from the trial court.  After much discussion, OhioPLANT's Board voted not to intervene but to file an amicus brief in the Tenth District Court of Appeals, depending on the outcome at trial.

We will keep you posted as developments happen in the case. 

From the Ohio Turfgrass Foundation:

Don Sutton was awarded the Environmental Stewardship Award by the Ohio Turfgrass Foundation (OTF) at its annual Conference and Show in Columbus on December 8th.

 

Every year, OTF awards a person from the turfgrass industry for promoting best management practices, researching new methods for sustainable turfgrass management, or promoting the industry as a leader in environmental stewardship. 

With over 25 years of service to OPARR, and now Ohio PLANT, Don has worked tirelessly with lobbyists, legislators, regulatory bodies, and turfgrass managers throughout the state to promote responsible regulation of those who manage turfgrass correctly. In addition to his many years of board service, Don has been a practitioner at the highest levels of the turfgrass management industry for nearly half of his career. 

His most recent contribution to environmental stewardship in Ohio was reviving Ohio PLANT into a coalition of allied industry partners involved in the safe and responsible use of pesticides in the state. Not only was he able to reinvigorate the organization, but he doubled down by leading efforts to enact a new pesticide pre-emption law in the Ohio Revised Code which was signed by Governor Mike DeWine in late 2022.  

As a turfgrass manager and a true leader of people, Don has inspired us to carry on through adversity and continue the fight for the good men and women whose livelihoods depend on the safe use of pesticides in Ohio. 

OhioPLANT held its annual meeting before the Christmas holiday and had a good member turnout with great speakers.  Members heard from Don Sutton, OhioPLANT’s chairman, about the association’s victories in 2023, what we can expect in 2024, and membership growth.

The first speaker was State Representative Rodney Creech, the House Agriculture Committee chairman, who spoke about finding his love of agronomy and turf science while in college, being the owner of a lawn care company, and what it is like to be a representative and chairman of the Agriculture Committee.  Rep. Creech also gave insight into the House’s agenda for 2024.

OhioPLANT was further honored to have Ohio Department of Agriculture Director Brian Baldridge speak about his first several months as director, the challenges he and his agency have faced, and his vision for ODA.

The fourth speaker for the meeting was Dan Kenny, Chief of ODA’s Division of Plant Health.  It is always great to have Dan present as he is a wealth of knowledge.  Dan updated members on the Box Tree Moth quarantine in southwest Ohio and other issues impacting lawn, garden, and turf.

The final speaker was Scott Shearer, PhD, OSU Department of Food, Agricultural and Biological Engineering professor and chair, who presented on the latest in the field of artificial intelligence.  The information Dr. Shearer presented about AI’s use in agriculture and related industries and the future it holds was astonishing.

OhioPLANT’s lobbyist, Tony Seegers, wrapped up the day with a legislative update. 

The House State and Local Government Committee has held hearings reviewing the occupational licenses in the state.  The purpose is to determine if the state is "license happy" and burdening businesses.

The committee continued its review with a hearing on September 20 where they heard testimony from several agencies and boards, including the Ohio Department of Agriculture.  ODA staff testified about a number of license/certifications the department administers, include the commercial applicator license.  On October 17, the committee took testimony from the public on these respective licenses and OhioPLANT submitted written testimony in support of the commercial applicator program.  You may read the testimony here.  

The Bexley City Council held a third reading of the proposed "Mosquito Contractor" ordinance at their October 10th meeting.  When the measure was called, the city attorney informed the council members that OhioPLANT's legal arguments, provided in testimony at a prior council meeting, were correct and that the ordinance was preempted by the state's pesticide law. 

OhioPLANT's lobbyist, Tony Seegers, had testified at the September 26 council meeting that the Ohio Department of Agriculture has the sole authority to license and regulate commercial applicators under Chapter 921 of the Ohio Revised Code.  Under the law, local governments are explicitly prohibited from requiring commercial applicators to register with them.  The law also prohibits local governments from regulating the operations of commercial applicators in their jurisdiction. Additionally, the pesticide preemption language OhioPLANT successfully lobbied to become law last year also was cited in the testimony as new authority to prohibit such an ordinance.  (You can read about this new preemption statute, here.)

After the city attorney informed the council that OhioPLANT's arguments were right, the council voted to withdraw the proposed ordinance and no longer consider the issue.

OhioPLANT, through its member the Ohio Pest Management Association, learned that the Bexley City Council was considering an ordinance that would have required commercial pesticide applicators conducting a treatment for mosquitoes to first be registered with the city before performing work.

“Mosquito Control Contractor”, as used in the ordinance, would be defined as "any person or firm engaged in the lawful application of airborn pesticides intended for mosquito control."

Additionally, the ordinance would require a "mosquito control contractor" to provide 24 hours (changed from 48) advance notice in writing to all adjacent property owners prior treating for mosquitoes at a property.  The written notice could be an email if the adjacent property owner agreed to email notification.  The ordinance also would have required the written notice to contain an estimate time of application, the chemicals being applied, the method of application, and any other information the "contractor" deemed relevant.

OhioPLANT's lobbyist, Tony Seegers, testified at the September 26 Bexley City Council meeting for the second reading of the ordinance.  He explained that the proposed ordinance is preempted by state laws for commercial pesticide applicators and therefore would be invalid if passed.  OhioPLANT will continue to monitor the situation to see if the city council continues with the ordinance.

You can read the testimony here.

Governor Mike DeWine appointed State Representative Brian Baldridge (R-Winchester) as the new Director of the Ohio Department of Agriculture on Friday.

Rep. Baldridge had just begun his third term in the House.  Prior to being elected as a state representative, he served four terms as Adams County Commissioner and two terms as a Wayne Township Trustee. 

Mr. Baldridge operates his family's livestock and crop farm, Baldridge Farms, a seventh generation family farm.

"Brian knows the industry and is passionate about promoting Ohio agriculture," Mr. DeWine said in a statement. "He also shares my vision for making needed improvements to the Ohio State Fairgrounds."

OhioPLANT successfully amended language into House Bill 507, sponsored by Rep. Kyle Koehler, that preempts local governments from banning or regulating the sale, purchase, storage, distribution, use, or application of a registered pesticide on private property and private property open to the public (golf courses). HB 507 was passed by the General Assembly in December and signed into law by Governor DeWine on January 6. It will take effect around April 6.

The need for this amendment was brought to OhioPLANT’s attention by one of its members, Ryan DeMay, President of the Ohio Turfgrass Foundation, who informed OhioPLANT that an out of state environmental extremist group called Beyond Pesticide was lobbying a suburb of Columbus to ban pesticide on its property. Like many of these types of groups, Beyond Pesticide will lobby local governments to enact ordinances to carry out their agendas. In this case, Beyond Pesticide advocates that local governments adopt their model municipal resolution/ordinance to ban the use of pesticide on local government property, such as metro park ball fields or city buildings for example. However, it is their model resolution that, in addition to local government property, bans pesticide use on private property with an unworkable exception, along with the information from Ryan DeMay of their action in the Columbus suburb, that caused OhioPLANT to act. To protect its members and the public from being robbed of the use of pesticides, OhioPLANT drafted the preemption language and went to work in the summer.

OhioPLANT developed the legislative strategy to move the preemption language and identified HB 507 to be the vehicle for the amendment. Rep. Koehler supported our idea and language and graciously gave the green light to amend his HB 507, which had passed the House and was in the Senate Agriculture and Natural Resources Committee. OhioPLANT’s lobbyist met with the members of the Senate Agriculture Committee, securing support for the amendment and of Senator Bob Peterson to carry the amendment in committee. Ohio Turfgrass Foundation lobbyists also spoke with members of the House and Senate about the importance of this issue.

The Senate Agriculture Committee amended the language into HB 507 and favorably voted the bill out on December 6 with the full Senate passing the bill the next day. After the House concurred with the changes to HB 507, it was sent to Governor DeWine. However, there were other amendments that had been added to the bill that caused doubt if Governor DeWine would sign the bill or possibly veto it. An oil and gas amendment had been added in committee and there was immense pressure from environmental groups, along with the press, to veto the bill. Groups also raised questions with the Governor’s office about the preemption language harming the environment and the Governor’s H2Ohio program.

OhioPLANT addressed the water quality issue with two memos to the Governor explaining why this was not an issue. Most importantly, OhioPLANT’s lobbyist called the Governor and texted his personal cell to tell him how important the preemption language was to our industries and that a veto of HB 507 because of the oil and gas amendment would harm other groups like OhioPLANT who were counting on HB 507’s passage. OhioPLANT’s lobbyist spoke to the Governor in person at an event on January 3, again reiterating the need for the preemption language to head off groups like Beyond Pesticide. Thankfully, Governor DeWine signed the bill into law later that week.

This is a major win for our members and demonstrates the importance of OhioPLANT and how members bringing issues to light can result in legislative success. OhioPLANT thanks Rep. Koehler, Senator (now Representative) Bob Peterson, Senate Agriculture and Natural Resources Committee Chairman, Sen. Tim Schaffer, the members of the Senate and House who voted for HB 507, and Governor DeWine.

OhioPLANT held its first annual meeting under the new name of OhioPLANT and the first annual meeting since before the pandemic.

Lonnie Alonso, former long term chair, was honored for his years of dedicated service leading the organization.  It was well deserved.  OhioPLANT Chairman, Don Sutton, talked about how OhioPLANT reorganized to its current structure and its bright future.

Senator Bob Peterson spoke to the group about OhioPLANT's pesticide preemption legislation and gave some insight on what we could see from the new General Assembly.

Dan Kenny, Chief of ODA's Division of Plant Health, and Kirk Hines, Chief of ODA's Division of Soil and Water, also presented.  Dan updated the attendees on the expanded federal rule for pesticide certification and training. 

Kirk spoke about Governor DeWine's H2Ohio water quality program.

Attendees also heard from a panel discussing statehouse issues.  The panel, Brandon Kern, Ohio Farm Bureau Senior Director of State and National Policy, Ann Aquillo, Owner of Ann Aquillo Consulting, and Tony Seegers, President of 1803 Consulting, LLC and lobbyist for OhioPLANT, talked about the election and what we can expect from the new General Assembly and Gov. DeWine's second term.