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.