ODA Insurance Requirement Updates
Wednesday, April 27, 2016
Updates to the Ohio Administrative Code Rule 901:5-11-07 - "Financial Responsibility for Pesticide Businesses"
The Ohio Department of Agriculture (ODA) recently clarified its rule regarding, "Financial Responsibility for Pesticide Businesses." (Rule 901:5-11-07)
Many businesses applying pesticides held insurance policies that excluded damage to the property in which the business was applying pesticides. The policies likely covered "off-target" damage due to drift, but not damage to the intended property.
ON MAY 5, 2016, THE CLARIFICATION IS SCHEDULED TO BECOME EFFECTIVE
Sections of note to the clarified rule include:
901:5-11-07(B) and (D) state that your business needs to have a commercial general liability policy and either a separate professional liability policy or an endorsement covering the properties under the care, custody, and control of your pesticide application, including the property you are actually working on. This includes aerial pest control applications.
901:5-11-07(E)(6) has been clarified to state that to obtain or maintain a pesticide business license either a certificate of insurance or binder be provided that includes a statement that the policy provides the coverage required in paragraphs (B), (C), and/or (D) of this rule.
CLICK HERE FOR A COPY OF THE RULE
Language in red print that is struck through is deleted and blue language that is underlined are areas that were clarified.
The ODA is sending letters and copies of the new rule to all pesticide business licensees and registered locations.
For questions regarding the rule, please contact the Ohio Department of Agriculture at 614.728.6987 or email them at firstname.lastname@example.org.