Chapter 901:5-54 Pine Shoot Beetle

(A) The pine shoot beetle, tomicus piniperda (L.), a highly destructive and introduced pest of pine trees, has been detected in the portions of Ohio which are listed and designated as regulated areas in rule 901:5-54-04 of the Administrative Code. To expedite the department’s response to the spread of this pest:

(1) The state of Ohio is hereby quarantined for pine shoot beetle; and

(2) Under authority of division (B) of section 927.71 of the Revised Code, the director of agriculture may, without further hearing, extend the regulated area upon publication of the notice of extension in newspapers selected by the director.

(B) No person shall move from, move within, or move through a regulated area a regulated article except in accordance with the provisions of this chapter.

HISTORY: Eff 12-4-92 (Emer.); 4-15-93; Rescinded and reenacted eff. 7-15-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 927.71

Rule amplifies: RC 927.71

R.C. 119.032 review dates: 07/15/2009

As used in Chapter 901:5-54 of the Administrative Code:

(A) “Certificate” means a state phytosanitary certificate issued or authorized to be issued by the director to allow the movement of regulated articles to any destination.

(B) “Director” means the director of the Ohio department of agriculture or his or her representative.

(C) “Infestation” means the presence of the pine shoot beetle or the existence of the circumstances that make it reasonable to believe that the pine shoot beetle is present.

(D) “Moved”, “move”, and “movement” mean shipped, offered for shipment, received for transportation, transported, carried, or allowed to be moved or shipped.

(E) “Person” means an individual, society, association, partnership, corporation or other organized entities, whether incorporated or not.

(F) “Pine shoot beetle” means the insect known by its scientific name tomicus piniperda (L.) in any living stage of development.

(G) “Regulated area” or “regulated portion” means the portion of a quarantined area to which application of a quarantine is limited.

HISTORY: Eff 12-4-92 (Emer.); 4-15-93; 7-15-04

Rule promulgated under: RC 119.03

Rule authorized by: RC 927.71

Rule amplifies: RC 927.71

R.C. 119.032 Review Date: 4-21-00; 4-21-05

The following articles, when moved from a regulated area, are subject to the intrastate quarantine established under rule 901:5-54-01 of the Administrative Code:

(A) The pine shoot beetle in any living stage of development.

(B) Pine christmas trees: plants or parts thereof of pinus spp. trees cut live for uses a christmas trees.

(C) Pine nursery stock: all live plants with roots of the genus pinus.

(D) Logs and lumber of pine pinus spp. with bark attached.

(E) Any article, product, or means of conveyance not set out in paragraphs (A) to (D) of this rule when the director notifies the person in possession thereof that it is subject to quarantine due to the fact that, in the discretion of the director, it presents a risk of spread of the pine shoot beetle.

HISTORY: Eff 12-4-92 (Emer.); 4-15-93

Rule promulgated under: RC 119.03(F)

Rule authorized by: RC 927.71

Rule amplifies: RC 927.70, 927.71

119.032 Review Date: 4-21-00; 4-21-05

The following areas of the state of Ohio are regulated areas for the purposes of this chapter: The entire counties of Allen, Ashland, Ashtabula, Athens, Auglaize, Belmont, Butler, Carroll, Champaign, Clark, Columbiana, Coshocton, Crawford, Cuyahoga, Darke, Defiance, Delaware, Erie, Fairfield, Franklin, Fulton, Gallia, Geauga, Greene, Guernsey, Hamilton, Hancock, Hardin, Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson, Jefferson, Knox, Lake, Lawrence, Licking, Logan, Lorain, Lucas, Madison, Mahoning, Marion, Medina, Meigs, Mercer, Miami, Monroe, Montgomery, Morgan, Morrow, Muskingum, Noble, Ottawa, Paulding, Perry, Pickaway, Pike, Portage, Preble, Putnam, Richland, Ross, Sandusky, Seneca, Scioto, Shelby, Stark, Summit, Tuscarawas, Trumbull, Union, Van Wert, Vinton, Warren, Washington, Wayne, Williams, Wood, and Wyandot.

Effective: 10/03/2006

R.C. 119.032 review dates: 07/18/2006 and 10/03/2011

Promulgated Under: 119.03

Statutory Authority: 927.52, 927.71

Rule Amplifies: 927.70, 927.71

Prior Effective Dates: 12/4/92, 4/15/93, 5/1/95, 8/29/98, 6/29/01, 6/28/02, 2/15/03, 7/15/04

(A) Movement of the regulated articles from any regulated area to any destination in Ohio outside the regulated area is prohibited, except under the following conditions:

(1) Pine christmas trees were inspected and found free of pine shoot beetle, in accordance with USDA sampling protocol for painted and unpainted trees as described in interim rule 301.50-5 of the Code of Federal Regulation.

(2) Pine nursery stock was grown in a greenhouse screened to prevent entry of the pine shoot beetle, and the greenhouse is found free of the beetle following inspection; or pinus spp. less than thirty-six inches in height, and less than one inch in diameter that are inspected and found free of the beetle.

(3) Logs and lumber with bark attached of pinus spp. may be moved from a regulated area after fumigation with methyl bromide in accordance with interim rule 301.50-10 of the Code of Federal Regulations.

(4) Pine christmas trees and pine nursery stock following a cold treatment within a refrigeration unit at minus five degrees farenheit for one hour.

(5) Shipments of pine nursery stock may be moved from a regulated area following an inspection of each branch tip on every tree in the shipment. Trees found to be infested shall be rejected from the shipment.

(B) The pine shoot beetle certificate shall be attached to the regulated articles, and remain on or with the regulated articles until such articles reach their final destinations, except when the certificate is attached to the shipping document and the regulated article is adequately described on the shipping document or on the certificate.

(C) All regulated articles originating outside the regulated area may move through the regulated area without a certificate of inspection under the following conditions:

(1) Passage through the regulated area is made without stopping except for refueling or traffic conditions when the ambient temperature is below fifty degrees Fahrenheit or at higher temperatures, if in an enclosed vehicle or completely enclosed by a covering adequate to prevent access by the pine shoot beetle (such as canvas, plastic or other loosely woven cloth) and;

(2) The point of origin of the regulated article is indicated on the waybill or shipping documents.

(D) Regulated articles originating outside any regulated area which are moved into the regulated area and exposed to potential infestation by pine shoot beetles shall be considered to have originated from a regulated area. These regulated articles may be moved from the regulated area only under the conditions noted above in paragraph (A)(3) of this rule.

(E) Movement of regulated articles from any regulated area through any unregulated area to a regulated destination is prohibited without a pine shoot beetle certificate of inspection except under the following conditions:

(1) Passage through a non-regulated area is made without stopping except for refueling or traffic conditions, when the ambient temperature is below fifty degrees Fahrenheit or at higher temperatures, if in an enclosed vehicle; and

(2) The county and state of origin and the final destination of the regulated articles are to be indicated on the waybill or shipping documents.

(F) The waybill or shipping documents accompanying any shipment of regulated articles within or through Ohio shall indicate the county and state of origin of the regulated articles.

HISTORY: Eff 12-4-92 (Emer.); 4-15-93

Rule promulgated under: RC 119.03(F)

Rule authorized by: RC 927.71

Rule amplifies: RC 927.71

119.032 Review Date: 4-21-00; 4-21-05