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Ohio Laws and Rules
(A) The following states are quarantined to prevent the spread of hemlock woolly adelgid, Adelgid tsugae (Annand): Alaska, California, Connecticut, Delaware, Georgia, Kentucky, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, 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.
Appendix A
See Appendix at http://www.registerofohio.state.oh.us/pdfs/901/5/48/901$5-48-01_PH_FF_A_APP1_20091203_0857.pdf
Effective: 12/13/2009
R.C. 119.032 review dates: 09/28/2009 and 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
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 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: 12/13/2009
R.C. 119.032 review dates: 09/28/2009 and 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
(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 stock;
(3) Hemlock logs with bark;
(4) Hemlock lumber with bark;
(5) Hemlock chips with bark; and,
(6) Uncomposted Hemlock bark.
Effective: 12/13/2009
R.C. 119.032 review dates: 09/28/2009 and 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
(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 stock shall be accompanied by a phytosanitary certificate or certificate of origin signed by an authorized agricultural inspection official of the state of origin, with an additional declaration that the hemlock seedlings/nursery stock originated in and were shipped from a county where hemlock woolly adelgid has not been found.
(2) A copy of the phytosanitary certificate or certificate of origin specified in paragraph (A)(1) of this rule must be faxed to the Ohio division of plant health, at 614-728-6453 or such fax number as the division may publish, or mailed to the “Division of Plant Health, 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 woolly adelgid; or,
(ii) The articles originated in a county where the pest has not been found.
Effective: 12/01/2011
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