Chapter 901:5-56 Quarantine Restrictions

(A) As used in rules 901:5-56-01 through 901:5-56-03:

(1) “Certificate of inspection” means a document issued by a person authorized by a governmental agency to issue the document, verifying that a regulated article has been inspected and complies with the requirements for movement from, into, through, or within a regulated or quarantined area.

(2) “Compliance agreement” means a written accord between the Ohio department of agriculture and a person subject to a quarantine, containing the requirements the person must comply with in order to move regulated articles from, into, through, or within a regulated or quarantined area.

(3) “Emerald ash borer” means the insect Coleoptera: Buprestidae: Agrilus planipennis in any living stage.

(4) “Infestation” means the presence of emerald ash borer or circumstantial evidence of its presence.

(5) “Person” means person as defined in division (C) of section 1.59 of the Revised Code.

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

(7) “Regulated article” means any item, combination of items, or means of conveyance determined by the director of agriculture to be capable of or have the potential to harbor, spread, or assist in the spreading of emerald ash borer.

HISTORY: Eff 9-16-03 (Emer.)

Rule promulgated under: RC 119.03

Rule authorized by: RC 927.71

Rule amplifies: RC 927.71

(A) In order to retard and prevent the spread of the emerald ash borer into the state of Ohio, the entire state of Michigan is quarantined and designated a regulated area. No person shall import or cause to be imported into the state of Ohio or move through the state of Ohio a regulated article from the state of Michigan except in accordance with the provisions of this chapter.

(B) In order to retard and prevent the spread of the emerald ash borer into the state of Ohio, the state of Indiana is quarantined, and within the state of Indiana the counties of LaGrange and Steuben are designated as regulated areas. No person shall import or cause to be imported into the state of Ohio or move through the state of Ohio a regulated article from the regulated area of the state of Indiana except in accordance with the provisions of this chapter.

(C) In order to retard and prevent the spread of the emerald ash borer into the state of Ohio, the state of Illinois is quarantines, and within the state of Illinois the counties of Kane and Cook are designated as regulated areas. No person shall import or cause to be imported into the state of Ohio or move through the state of Ohio a regulated article from the regulated area of the state of Illinois except in accordance with the provisions of this chapter.

(D) In order to retard and prevent the spread of the emerald ash borer into the state of Ohio, the state of Maryland is quarantines, and within the state of Maryland the county of Prince George is designated as a regulated area. No person shall import or cause to be imported into the state of Ohio or move through the state of Ohio a regulated article from the regulated area of the state of Maryland except in accordance with the provision of this chapter.

(E) In order to retard and prevent the spread of the emerald ash borer into the state of Ohio, the province of Ontario, in the country of Canada is quarantined, and within the province of Ontario, the counties of Essex, Chatham-Kent, Lampton, and Elgin are designated as regulated areas. No person shall import or cause to be imported in the state of Ohio or move through the state of Ohio a regulated article from the regulated area of the province of Ontario except in accordance with the provisions of this chapter.

(F) In order to retard and prevent the spread of the emerald ash borer throughout the state of Ohio, the state of Ohio is quarantined, and within the state of Ohio the township of Hicksville, county of Defiance is designated a regulated area. No person shall move from or move through the regulated area a regulated article except in accordance with the provisions of this chapter.

(G) Under authority of division (B) of section 927.71 of the Revised Code the director of the Ohio department of agriculture may extend the regulated area to include any additional portions of the states of Ohio and Indiana upon publication of notice of the extension in newspapers the director selects.

Effective: 11/24/2006

R.C. 119.032 review dates: 09/06/2006 and 11/24/2011

Promulgated Under: 119.03

Statutory Authority: 927.52, 927.71

Rule Amplifies: 927.71

Prior Effective Dates: 9/16/03 (Emer.), 12/12/03, 8/2/05, 1/30/06

(A) The following are regulated articles subject to the quarantine established in rule 901:5-56-02 of the Administrative Code:

(1) Ash trees (Fraxinus spp.) of any size;

(2) Ash limbs and branches;

(3) Any cut non-coniferous firewood;

(4) Bark from ash trees and wood chips larger than one inch from ash trees;

(5) Ash logs and lumber with either the bark or the outer one-half inch of sapwood or both, attached;

(6) Any item made from or containing the wood of the ash tree which is capable of spreading the emerald ash borer; and,

(7) Any means of conveyance which is capable of spreading the emerald ash borer.

(B) No person shall move or cause to be moved a regulated article from a regulated area unless the person has first entered into a compliance agreement, as defined in rule 901:5-35-02 of the Administrative Code, with the Ohio department of agriculture, or the regulated article is accompanied by a certificate of inspection verifying that the regulated article has been inspected and found to be free of infestation. Notwithstanding paragraph (D) of this rule, no person shall move or cause a regulated article to be moved into the state of Ohio from the state of Michigan unless the person has first entered into a compliance agreement with the Ohio department of agriculture or the regulated article is accompanied by a certificate of inspection verifying that the regulated article has been inspected and found to be free of infestation. No person shall dispose of a regulated article except in a manner prescribed in a compliance agreement.

(C) A regulated article originating outside of a regulated area may move through a regulated area without a compliance agreement or certificate of inspection:

(1)

(a) On or after the fifteenth day of April and before the first day of October, if the regulated article is either fully enclosed in the transporting vehicle, or the regulated article is fully covered with a tarpaulin or other device; and

(b) On or after the first day of October and before the fifteenth day of April, regardless of whether the regulated article is fully enclosed or covered; and

(2) The vehicle only stops to refuel, and for appropriate traffic control signals and signs; and,

(3) The point of origin of the regulated article is listed on either the bill of lading or the shipping documents.

(D) If, between the fifteenth day of April and the first day of October, a regulated article originating from outside a regulated area is moved into a regulated area and is delayed for a reason other than one provided for in paragraph (C)(2) of this rule while in the regulated area, the regulated article shall be deemed to have originated from a regulated area and shall be subject to the requirements of paragraph (B) of this rule. This paragraph shall not apply to a regulated article moved in accordance with paragraph (C)(1)(a) of this rule.

Effective: 01/30/2006

R.C. 119.032 review dates: 11/14/2005 and 01/30/2011

Promulgated Under: 119.03

Statutory Authority: 927.52, 927.71

Rule Amplifies: 927.71

Prior Effective Dates: 09/16/03, 01/25/05