Chapter 901:5-48 Hemlock Pest

(A) The following states are quarantined to prevent the spread of hemlock woolly adelgid (Adelges tsugae Annand): Alaska, California, Connecticut, Delaware, Georgia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Virginia, Washington and West Virginia.

(B) The counties listed in appendix A of this rule are regulated areas within each of the quarantined states listed in appendix A. Under authority of division (B) of section 927.71 of the Revised Code, the director of agriculture may, without further hearing, extend a regulated area to include additional portions of a quarantined area either:

(1) Upon publication of a notice to that effect in such newspapers in the quarantined area as he may select; or,

(2) Upon written notice to those concerned.

(C) No person shall import any regulated article listed in rule 901:5-48-03 of the Administrative Code, which originates in a quarantined state except in accordance with the provisions of rule 901:5-48-04 of the Administrative Code.

Appendix A

Connecticut

All counties

Delaware

All counties

Georgia

Habersham

Rabun

Towns

Unions

White

Maine

York

Maryland

Allegany

Anne Arundel

Baltimore

Calvert

Caroline

Carroll

Cecil

Charles

Frederick

Garrett

Hartford

Howard

Kent

Montgomery

Prince Georges

Queen Annes

St. Marys

Talbot

Washington

Massachusetts

All counties

New Hampshire

Rockingham

New Jersey

All counties

New York

Albany

Bronx

Columbia

Delaware

Dutchess

Greene

Kings

Monroe

Nassau

New York

Orange

Putnam

Queens

Richmond

Rockland

Suffolk

Sullivan

Ulster

Westchester

North Carolina

Alleghany

Alamance

Ashe

Avery

Buncombe

Burke

Caldwell

Caswell

Cherokee

Clay

Forsyth

Graham

Haywood

Henderson

Jackson

Macon

Madison

McDowell

Mitchell

Orange

Rockingham

Stokes

Surry

Swain

Watauga

Wilkes

Yancey

Pennsylvania

Adams

Allegheny

Bedford

Berks

Blair

Bradford

Bucks

Carbon

Centre

Chester

Clinton

Columbia

Cumberland

Dauphin

Delaware

Elk

Franklin

Fulton

Huntingdon

Juniata

Lackawanna

Lancaster

Lebanon

Lehigh

Luzerne

Lycoming

Mifflin

Monroe

Montgomery

Montour

Northhampton

Northumberland

Perry

Philadelphia

Pike

Schuylkill

Snyder

Somerset

Sullivan

Tioga

Union

Wayne

Wyoming

York

Rhode Island

All counties

South Carolina

Greenville

Tennessee

Blount

Carter

Cocke

Grainger

Greene

Jefferson

Johnson

Knox

Monroe

Sevier

Sullivan

Unicoi

Washington

Virginia

Albermarle

Alleghany

Amherst

Appomattox

Augusta

Bath

Bedford

Bland

Botetourt

Buckingham

Campbell

Caroline

Carroll

Chesterfield

Clarke

Craig

Essex

Fairfax

Floyd

Fluvanna

Franklin

Frederick

Greene

Giles

Grayson

Hanover

Henrico

Henry

Highland

King William

Lunenburg

Madison

Montgomery

Nelson

North Umberland

Orange

Page

Patrick

Pittsylvania

Prince William

Pulaski

Rappahannock

Roanoke

Rockbridge

Rockingham

Russell

Shenandoah

Smyth

Spotsylvania

Tazewell

Warren

Washington

Wythe

West Virginia

Berkeley

Fayette

Grant

Greenbrier

Hampshire

Hardy

Jefferson

McDowell

Mercer

Mineral

Monongalia

Monroe

Morgan

Nicholas

Pendleton

Pocahontas

Preston

Raleigh

Randolf

Summers

Tucker

Upshur

Webster

Wyoming

Effective: 07/21/2006

R.C. 119.032 review dates: 05/02/2006 and 07/21/2011

Promulgated Under: 119.03

Statutory Authority: 927.52, 927.71

Rule Amplifies: 927.70, 927.71

Prior Effective Dates: 8/29/02

As used in Chapter 901:5-48 of the Administrative Code:

(A) “Compliance agreement” means a written agreement between the Ohio Department of Agriculture and a company which receives hemlock logs with bark, hemlock lumber with bark, hemlock chips with bark, or uncomposted hemlock bark from states with known infestations of hemlock woolly adelgid, for the purpose of controlling movement of said pest.

(B) “Hemlock” means all members of the genus Tsuga.

(C) “Pest” means the insect known as hemlock woolly adelgid (Adelges tsugae Annand), in any living stage of development.

(D) “Regulated area” means the counties where hemlock wolly adelgid has been found in a quarantined state.

HISTORY: Eff 8-29-02

Rule promulgated under: RC 119.03

Rule authorized by: RC 927.52, 927.71

Rule amplifies: RC 927.70, 927.71

R.C. 119.032 review dates: 08/29/2007

(A) The articles listed in paragraphs (A)(1) to (A)(6) of this rule are regulated articles subject to the quarantine established in rule 901:5-48-01 of the Administrative Code.

(1) Hemlock seedlings;

(2) Hemlock nursery stocl;

(3) Hemlock logs with bark;

(4) Hemlock lumber with bark;

(5) Hemlock chips with bark; and,

(6) Uncomposted Hemlock bark.

HISTORY: Eff 8-29-02

Rule promulgated under: RC 119.03

Rule authorized by: RC 927.52, 927.71

Rule amplifies: RC 927.70, 927.71

R.C. 119.032 review dates: 08/29/2007

(A) Regulated articles imported into Ohio from a quarantined state shall comply with the following requirements:

(1) Each lot of hemlock seedlings and hemlock nursery stocks shall be accompanied by a phytosanitary certificate signed by an authorized agricultural inspection official of the state of origin, with an additional declaration that:

(a) The hemlock seedlings/nursery stock originated in and were shipped from a county where hemlock woolly adelgid has not been found (a certificate of origin will suffice for this purpose) or, if the articles originated in a regulated area:

(b) The nursery where the hemlock seedlings/nursery stock originated maintains an effective insecticide spray program for the control of hemlock woolly adelgid; and

(c) The hemlock seedlings/nursery stock have been inspected and found free of hemlock woolly adelgid.

(2) A copy of the phytosanitary certificate or certificate of origin specified in paragraphs (A)(1)(a), to (A)(1)(c).of this rule must be faxed to the Ohio Division of Plant Industry, at 614-728-6453 or such fax number as the Division may publish, or mailed to the “Division of Plant Industry, 8995 E. Main Street, Reynoldsburg, OH, 43068,” within five days of issuance.

(3) Hemlock logs with bark, hemlock lumber with bark, hemlock chips with bark and uncomposted hemlock bark shall only be shipped to preapproved sites within Ohio where compliance agreements are in effect. If the articles are shipped to other sites, the articles shall be accompanied by a certificate signed by an authorized agricultural inspection official of the state of origin affirming that:

(a) The articles were grown in the state of origin, and that either:

(i) The articles are free from hemlock wooley adelgid; or,

(ii) The articles originated in a county where the pest has not been found.

HISTORY: Eff 8-29-02

Rule promulgated under: RC 119.03

Rule authorized by: RC 927.52, 927.71

Rule amplifies: RC 927.70, 927.71

R.C. 119.032 review dates: 08/29/2007