901:5-52-05 Conditions of movement.

As stated in rule 901:5-52-01 of the Administrative Code, no person shall move from any regulated area as defined by rule 901:5-52-04 of the Administrative Code any regulated article as defined by rule 901:5-52-03 of the Administrative Code except in accordance with the conditions specified herein.

(A) A certificate must accompany the movement of regulated articles from any regulated area into or through any non-regulated area in Ohio. A copy of the certificate must be forwarded to the Ohio department of agriculture within seven calendar days of movement. Certificates may be issued by an inspector if the regulated articles:

(1) Have originated in non-infested premises and have not been exposed to infestation while within the regulated area ; or

(2) Upon examination have been found free of infestation; or

(3) Have been treated to destroy any infestation in accordance with approved procedures; or

(4) Have been grown, produced, manufactured, stored, or handled in such a manner that no infestation would be transmitted thereby; or

(5) Will be handled, utilized, processed, or treated at the destination in such a manner that their movement will not hazard a spread of the gypsy moth.

(B) There are no restrictions imposed on the movement of regulated articles within regulated areas or within federal quarantine areas, provided they do not transit any non-regulated areas in Ohio.

(C) As a condition of issuance of certificates for the movement of regulated articles, any person engaged in purchasing, assembling, exchanging, handling, processing, utilizing, treating, or moving such articles may be required to sign a compliance agreement, stipulating that he will maintain such safeguards against the establishment and spread of infestation and comply with such conditions as to the maintenance of identity, handling, and subsequent movement of such articles, and the cleaning and treatment of means of conveyance and containers used in the transportation of such articles as may be required by the inspector. Any compliance agreement may be canceled for failure to comply with the provisions of this quarantine or any conditions imposed pursuant to it.

Effective: 6/30/2016
Five Year Review (FYR) Dates: 04/14/2016 and 06/30/2021
Promulgated Under: 119.03
Statutory Authority: 927.52
Rule Amplifies: 927.71
Prior Effective Dates: 12/24/1986