901:5-41-01 Certification, labeling, and advertising of strawberry plants.

(A) A request for inspection of strawberry plantings must be filed with the Ohio department of agriculture on or before April fifteenth of the year in which inspection is requested.

(B) A certificate of inspection covering strawberry plants will be issued only:

(1) On first year plantings set from inspected parent plants;

(2) When the plantings have been twice inspected:

(a) The first inspection must be completed before June first; and

(b) The second inspection shall be completed at least ninety days after the first inspection but before November fifteenth.

(3) When the plantings are made on soil in which red stele has not been known to occur, or which has not been subjected to drainage from known infested soil;

(4) When plantings are made on sites which have neither been cropped in potatoes, tomatoes, or other solanaceous plants within the past three years, nor subjected to drainage from sites which have been planted to such crops within a like period;

(5) When no mixture of varieties is discernible. If off-variety plants are rogued, planting may be eligible for certification;

(6) When plantings are well cultivated and maintained essentially free from weeds and grasses;

(7) When plantings appear generally thrifty very thin plant stands may be disqualified;

(8) When the plantings offered for inspection are maintained essentially free from insect pests and plant diseases and when certain pests do not exceed the following tolerances:

(a) Red stele - zero

(b) Crimp (folier nematode disease) - zero

(c) Root knot, root gall or dwarf caused by nematodes- zero, if generally distributed. If the plants in small localized infestations are destroyed, the entire planting need not be disqualified.

(d) Crown borer, root weevil, root aphid or strawberry root worm - one per cent, provided that grower eliminates the pest by insecticidal or other satisfactory treatment;

(e) Leaf variegation (other than Blakemore Yellows) - one per cent, provided that visibly affected plants are eliminated by grower.

(f) Crinkle (virus) - zero. Plantings which are found to contain any plants visibly affected by any virus will be disqualified.

(C) No strawberry plants which originated in source plantings in states where a less rigid standard of inspection prevails, or where two comparably timed inspections are not made, shall be sold or consigned to points within the state of Ohio.

(D) No person shall offer for sale, distribute or cause to be distributed within this state any strawberry plants represented by means of labeling or advertising to be "disease free," or "virus-free," or "produced from 'virus-free stock,'" or "registered" or "foundation" stock, unless such stock is so classified by a legally constituted agency designated for such purpose.

Effective: 3/21/2016
Five Year Review (FYR) Dates: 01/05/2016 and 03/21/2021
Promulgated Under: 119.03
Statutory Authority: 927.52
Rule Amplifies: 927.52
Prior Effective Dates: 2/23/1974, 12/1/11