Chapter 901:5-48 Hemlock Pest

901:5-48-01 Notice of quarantine.

(A) In order to prevent the spread of hemlock woolly adelgid, Adelges tsugae, the following states are considered quarantined states for the purposes of this chapter: 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) A list of regulated areas may be found at the Ohio department of agriculture's website: http://www.agri.ohio.gov/divs/plant/hwa.htm. 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 state 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.

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Effective: 6/29/2015
Five Year Review (FYR) Dates: 04/03/2015 and 06/29/2020
Promulgated Under: 119.03
Statutory Authority: 927.52, 927.71
Rule Amplifies: 927.70, 927.71
Prior Effective Dates: 8/29/2002, 7/21/2006, 12/13/2009, 8/19/2012

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 in any living stage of development.

(D) "Regulated area" means the counties where hemlock woolly adelgid has been found in a quarantined state.

Effective: 6/29/2015
Five Year Review (FYR) Dates: 04/03/2015 and 06/29/2020
Promulgated Under: 119.03
Statutory Authority: 927.52, 927.71
Rule Amplifies: 927.70, 927.71
Prior Effective Dates: 8/29/2002, 12/13/2009, 8/19/2012

901:5-48-03 Regulated articles.

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

(A) Hemlock seedlings;

(B) Hemlock nursery stock;

(C) Hemlock logs with bark;

(D) Hemlock lumber with bark;

(E) Hemlock braches;

(F) Hemlock chips with bark;

(G) Uncomposted Hemlock bark; and,

(H) Any life stage of the pest.

Effective: 6/29/2015
Five Year Review (FYR) Dates: 04/03/2015 and 06/29/2020
Promulgated Under: 119.03
Statutory Authority: 927.52, 927.71
Rule Amplifies: 927.52, 927.71
Prior Effective Dates: 8/29/2002, 12/13/2009, 8/19/2012

901:5-48-04 Conditions for movement.

(A) No person shall transport into or within Ohio any regulated article listed in rule 901:5-48-03 of the Administrative Code, which originates in a quarantined state except as covered in paragraphs (B), (C), and (D) of this rule.

(B) Hemlock seedlings and nursery stock may be imported into Ohio from a non-regulated area 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 (B)(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."

(C) Hemlock logs with bark and hemlock lumber with 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:

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

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

(D) Regulated articles that have been grown and shipped in accordance with the stipulations of a valid a compliance agreement or its equivalent that has been reviewed and approved by the Ohio department of agriculture may be allowed to enter into and move through Ohio.

Effective: 6/29/2015
Five Year Review (FYR) Dates: 04/03/2015 and 06/29/2020
Promulgated Under: 119.03
Statutory Authority: 927.52, 927.71
Rule Amplifies: 927.52, 927.71
Prior Effective Dates: 8/29/2002, 12/13/2009, 12/1/11, 8/19/2012