901:5-54-05 Movement of regulated article.

(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