The director of agriculture has determined that it is necessary to quarantine the states of California, Texas, Idaho, and Nebraska in order to prevent the spread of beet necrotic yellow vein virus, which causes a devastating disease of sugar beet plants known as rhizomania disease. The disease is known to occur within the sugar beet production areas of California, Texas, Idaho, and Nebraska and could be imported to Ohio with host plants, soil or farm equipment from infected fields.
Rules 901:5-50-01 through 901:5-50-05 of the Administrative Code hereby constitute and shall be known collectively as the"Ohio rhizomania quarantine".
As used in Chapter 901:5-50 of the Administrative Code:
(A) "Regulated area" means the entire states of California, Texas, Idaho, and Nebraska and any other state or area of a state determined by the director to have become infested.
(B) "Regulated article" means those plants, commodities, items, or equipment that are deemed capable of harboring and transmitting the beet necrotic yellow vein virus.
The following plants, when originating from a regulated area are subject to the quarantine established under rule 901:50-01 of the Administrative Code:
(A) Plants with roots of the following genera:
(1) Beta (garden beets, mangle beets, sugar beets, swiss chard)
(2) Spinacea (spinach)
(3) Tetragonia (New Zealand spinach)
(4) Chenopodium (Lambs-Quarters, Goosefoot)
(5) Amaranthus (Joseph's-coat)
(B) Soil associated with host plants listed in paragraph A(l) of this rule.
(C) Used tools and equipment, including mechanized cultivating and harvesting equipment, following their use in fields where the host plants listed in paragraph A(l) of this rule are grown.
(D) Any other plants, products, articles, or means of conveyance not covered by paragraphs (A) through (C) of this rule when it is determined they present a hazard of spread of the beet necrotic yellow vein virus, and when the person in possession thereof, has been so notified.
(A) Except as provided in paragraph (B) of this rule, "regulated articles" are prohibited entry into Ohio from any "regulated area" unless each lot or shipment is accompanied by a certificate signed by an 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 site or location within his state or county, or that the regulated articles have been treated under official supervision prior to shipment in a manner and by a method which will insure freedom from the living pest. A certificate of movement for mechanized used farm equipment shall only be issued after all soil has been removed through the use of steam under pressure.
(B) Regulated articles may enter the state of Ohio without an accompanying certificate as described in paragraph (A) of this rule if:
(1) The chief of the division of plant healthof 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 regulated state provided that state has adopted and is enforcing a quarantine or regulation which imposes restrictions on the intrastate movement of the regulated articles which, for all intents and purposes, are substantially the same as those imposed by this rule.
Any properly identified representative of the Ohio department of agriculture is authorized to stop and inspect, without a warrant, any person or means of conveyance moving within the state of Ohio upon probable cause to believe that such person or means of conveyance is carrying regulated articles, and such inspector is further authorized to seize, treat, destroy, order returned, or otherwise dispose of such articles if found to be moving in violation of this quarantine. Any articles found to be infected with the beet necrotic yellow vein virus shall be treated in such a way as to effect the destruction of the pest.