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Ohio Laws and Rules
(A) Notice of Quarantine. Pursuant to the provisions of section 927.71 of the Ohio Revised Code, the Director of Agriculture has determined that it is necessary to quarantine the States of Connecticut, Massachusetts, New York, Pennsylvania, and the area within Cuyahoga County, Ohio, bounded by Interstate 90 (Lakeland Freeway), Neff Road, St. Clair Avenue, London Road, and East 152nd Street, as well as any other areas which subsequently become infested, in order to prevent the spread of the European Chafer, Amphimallon majalis (Razoumowsky), a dangerous insect injurious to cultivated crops, lawns, and pastures, and not now widely prevalent or distributed within and throughout the State of Ohio. Under the authority of said provisions, the Director hereby quarantines the above states, as well as any other states or regions which subsequently become infested, with respect to the movement into or within the State of Ohio from the quarantine areas of the articles described in Paragraph (B) of this section, issues the regulations governing such movement, and gives notice of said quarantine and regulations.
(B) No common carrier or other person shall move into or within the State of Ohio from any quarantined area any of the following articles, except in accordance with the conditions prescribed in 901:5-49-03.
(1) Soil, compost, decomposed manure, humus, muck, and peat, separately or with other things.
(2) Plants with roots, except soil-free aquatic plants, moss, and Lycopodium (clubmoss or ground pine or running pine).
(3) Grass sod.
(4) Plant crowns and roots for propagation.
(5) True bulbs, corms, rhizomes, and tubers of ornamental plants when freshly harvested or uncured.
(6) Used mechanized soil-moving machinery.
(7) Any other products, articles, or means of conveyance of any character whatsoever, not covered by (1) through (6) above, when it is determined that they present a hazard of spread of the European Chafer and the person in the possession, thereof, has been so notified.
HISTORY: (former AG-71-89.01); Eff 12-15-72
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 927.71
119.032 Review Date: 4-21-00; 4-21-05
The following terms, when used in these regulations, shall be construed, respectively, to mean:
(A) Infestation, the presence of the European Chafer or the existence of circumstances that make it reasonable to believe that the European Chafer is present.
(B) Mechanized soil-moving equipment. Mechanized equipment used to move or transport soil, e.g., draglines, bulldozers, road scrapers, and dump trucks.
(C) European Chafer. The insect known as the European Chafer (Amphimallon Majalia (Razoumowsky)) in any stage of development.
HISTORY: (former AG-71-89.02); Eff 12-15-72
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 927.71
119.032 Review Date: 4-21-00; 4-21-05
(A) Except as hereinafter provided in Paragraph (B), commodities covered in Paragraph (B) of regulation 901:5-49-01 are prohibited entry into or within the State of Ohio from any area under quarantine unless each lot or shipment is accompanied by a certificate signed or bearing a facsimile signature of the authorized agricultural inspection official of the state of origin, affirming that the regulated articles accompanied thereby have originated in and are shipped from a non-infested area within his state or district, or that the regulated articles accompanied thereby have been treated under official supervision previous to shipment in a manner and by a method which will insure freedom from the living pest.
(B) Regulated articles may enter or be moved within the State of Ohio without an accompanying certificate as described in Paragraph (A) above if:
(1) The Chief of the Division of Plant Industry of the Ohio Department of Agriculture issues a special permit for movement to a specified destination for limited handling, utilization, processing or treatment;
(2) Such articles are from a non-infested portion of a state named in regulation 901:5-49-01, provided that such state has adopted and is enforcing a quarantine or regulation which imposes restrictions on intrastate movement of the regulated articles which are substantially the same as those imposed in Paragraph (B) of regulation 901:5-49-01.
(C) Notwithstanding Paragraph (A) & (B) of this regulation:
(1) Regulated articles accompanied by a certificate issued by an authorized agricultural inspection official may be refused entry into or within the State of Ohio, if in the opinion of the Director of the Ohio Department of Agriculture the issuance of such certificate was not based upon practices and procedures assuring the absence of the European Chafer; and
(2) Regulated articles entering Ohio under provisions of part (2) of Paragraph (B) above may be refused entry if the Director has reason to believe that the state of origin is not enforcing its quarantine or regulations in a manner assuring the absence of the European Chafer.
HISTORY: (former AG-71-89.03); Eff 12-15-72
Rule promulgated under: RC Chapter 119.
Rule authorized by: RC 927.71
119.032 Review Date: 4-21-00; 4-21-05