Sometimes, the law is better than the label, and Ohio is one such example.

> (It should also be noted that under a FOIA request 
> in 2012, Ohio was unable to find a single citation or 
> prosecution under a beekeeping law since the laws 
> were put on the books.)

No surprise there, as if I kill your bees, it is a civil matter, not a
criminal one.  If I killed your dog, your horse, or your cow, it would also
be a civil matter.  Criminal prosecutions of pesticide misuse tend to
address harm to humans, watercourses, and other "human health" issues.  

I don't know why Ohio is the focus here, but Ohio law is clear, and goes far
further than "the label" in specific regard to "drift", which is very
encouraging, given the endless miles of corn I drove through the last time I
was on the way from Wright-Patt to Ann Arbor a few years ago:
http://codes.ohio.gov/oac/901%3A5-11

Quoting from the Ohio Admin Code 901:5-11-01 
Definitions:
(G) 'Drift' means the airborne movement of pesticides beyond the target site
during application.

Ohio Admin Code 901:5-11-02
(B) No person shall:
(6) Operate equipment for the application of pesticides, including such
auxiliary equipment as hoses and metering devices in such conditions or in
such a manner as to result in leakage, spillage, dripping, backflow, vapors
or drift.
(12) Apply herbicidal foliage sprays to woody vegetation by aircraft on
rights-of-way when the wind velocity exceeds seven miles per hour at eye
level.
(15) Apply or cause to be applied any pesticide that is required to carry a
special warning on its label indicating that it is toxic to honey bees, over
an area of one-half acre or more in which the crop-plant is in flower unless
the owner or caretaker of any apiary located within one-half mile of the
treatment site has been notified by the person no less than twenty-four
hours in advance of the intended treatment; provided the apiary is
registered and identified as required by section 909.02 of the Revised Code,
and that the apiary has been posted with the name and telephone number of
the owner or responsible caretaker.
(16) Apply pesticides which are hazardous to honey bees at times when
pollinating insects are actively working in the target area; however,
application of calyx sprays on fruits and other similar applications may be
made.

That's quite a bit of honey bee protection there, and it prohibits drift in
ANY pesticide application, including aerial, and it prohibits any
application of any pesticide under specific easy-to-document conditions.  

The bit in (15) about spraying plants "in flower", cannot possibly override
the label restrictions, as federal law (the label!) would preempt the state
law, so (15) looks like an empty gesture to farmers by a state legislator
that did not understand the "supremacy clause", as (15) really does not
permit a farmer to do what it seems to say, the label, having the authority
of federal law, would override that section.

 But, Wait - there's more! It goes even further!

Ohio Admin Code 901:5-11-07 
Financial responsibility.
(B) Every pesticide business shall have in force a comprehensive general
liability insurance policy and, either a separate professional liability
insurance policy or an endorsement covering liability arising from the
application of pesticides....
(1) Three hundred thousand dollars policy general aggregate;
(2) Three hundred thousand dollars per occurrence limit; and

So, they prohibit specific things like "drift", and they require insurance
coverage of $300K per incident.  What more could an Ohio beekeeper want?
Free pesticide analysis?  

The small claims limit in Ohio is $3K, so the optimal tactic would be to
file a separate small claims action for each hive killed or seriously
affected, and use cell-phone video to document the violation of the Ohio
Code.  A small claims court judge is not going to require more proof than
photos of the usual carpet of dead bees, but the cost of pesticide analysis
would be "costs" and thereby also recoverable.  The damages per hive would
be the cost of replacing the hive PLUS the retail value of the honey crop
that the hive would have made if it had not been killed... so $100 for the
bees, and about $2K for the honey crop at $10 per lb for premium boutique
honey, plus costs.  There's an old case about the value of a cow being not
just the value of the cow, but also the value of the milk she would have
produced, and if you cite that, the judge will smile, as it is a very basic
and universal example.


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