Chapter 901:5-48 Hemlock Pest

901:5-48-01 Notice of quarantine.

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

(B) The counties listed in appendix A to this rule are regulated areas within each of the quarantined states listed in appendix A to this rule. 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.

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Effective: 08/19/2012
R.C. 119.032 review dates: 12/13/2014
Promulgated Under: 119.03
Statutory Authority: 927.52 , 927. 71
Rule Amplifies: 927.70 , 927.71
Prior Effective Dates: 8/29/02, 7/21/06, 12/13/2009

901:5-48-02 Definitions.

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

(A) "Compliance agreement" means a written agreement between a person and the Ohio department of agriculture for the purpose of achieving the person's compliance with any set of requirements specified by the department of agriculture upon which certifications may be based and issued by the director. The term of a compliance agreement shall not exceed one year.

(B) "Hemlock" means all plants 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 woolly adelgid has been found in a quarantined state.

Effective: 08/19/2012
R.C. 119.032 review dates: 12/13/2014
Promulgated Under: 119.03
Statutory Authority: 927.52 , 927. 71
Rule Amplifies: 927.70 , 927.71
Prior Effective Dates: 8/29/02, 12/13/2009

901:5-48-03 Regulated articles.

(A) The articles listed in paragraphs (A)(1) to (A)( 7) 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 stock;

(3) Hemlock logs with bark;

(4) Hemlock lumber with bark;

(5) Hemlock chips with bark;

(6) Uncomposted Hemlock bark ; and,

(7) Any life stage of the pest.

Effective: 08/19/2012
R.C. 119.032 review dates: 12/13/2014
Promulgated Under: 119.03
Statutory Authority: 927.52 , 927. 71
Rule Amplifies: 927.70 , 927.71
Prior Effective Dates: 8/29/02, 12/13/2009

901:5-48-04 Conditions for movement.

(A) Regulated articles, except as covered in paragraphs (A)(3) and (A)(4) of this rule, originating from or having previously been held in the regulated area are prohibited entry into Ohio.

(B) Hemlock seedlings and nursery stock may be imported into Ohio from a non-regulated county of a quarantined state if the following requirements are met:

(1) Each lot of hemlock seedlings and hemlock nursery stock shall only be shipped if the articles are accompanied by a certificate signed by an authorized agricultural inspection official of the state of origin affirming that:

(a) The articles have been inspected and found free from hemlock woolly adelgid; and,

(b) The articles originated and were grown in a county where the hemlock woolly adelgid has not been found.

(2) Upon issuance, a copy of the certificate specified in paragraph (A)(1) of this rule must be faxed to the Ohio department of agriculture, division of plant health, at 614-728-6453 or such fax number as the division may publish, or emailed to plantpest@agri.ohio.gov, or mailed to the "Division of Plant Health, 8995 E. Main Street, Reynoldsburg, OH, 43068."

(3) Hemlock logs with bark, hemlock lumber with bark, hemlock chips with bark and uncomposted hemlock bark shall only be shipped if the articles are accompanied by a certificate signed by an authorized agricultural inspection official of the state of origin affirming that:

(a) The articles are free from hemlock woolly adelgid; or,

(b) The articles originated in a county where hemlock woolly adelgid has not been found.

(4) Regulated articles that have been grown and shipped in accordance with the stipulations of a valid a compliance agreement with the Ohio department of agriculture and the originating state's department of agriculture or plant regulatory equivalent may be allowed entry into Ohio.

Effective: 08/19/2012
R.C. 119.032 review dates: 12/13/2014
Promulgated Under: 119.03
Statutory Authority: 927.52 , 927. 71
Rule Amplifies: 927.70 , 927.71
Prior Effective Dates: 8/29/02, 12/13/2009, 12/1/2011