Chapter 901:5-57 Asian Longhorned Beetle

901:5-57-01 Definitions.

As used in Chapter 901:5-57 of the Administrative Code:

(A) "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.

(B) "Infestation" means the presence of Asian longhorned beetle or circumstantial evidence of its presence.

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

(D) "Pest" means the destructive insect known as Asian longhorned beetle (Anoplophora glabripennis) in any living stage of development.

(E) "Regulated area" means the portion of the quarantined state and appropriate environs with an infestation of the Asian longhorned beetle as declared by the director in accordance with section 927.71 of the Revised Code, to which this quarantine is limited.

(F) "Regulated article" means any item, combination of items, or means of conveyance determined by the director of agriculture to be capable of or having the potential to harbor, spread, or assist in the spreading of Asian longhorned beetle.

Effective: 09/18/2011
R.C. 119.032 review dates: 09/18/2016
Promulgated Under: 119.03
Statutory Authority: 927.52927.71
Rule Amplifies: 927.71

901:5-57-02 Notice of quarantine.

(A) To prevent the spread of Asian longhorned beetle (Anoplophora glabripennis) the state of Ohio is hereby quarantined, and within the state of Ohio the township of Tate, county of Clermont and all the acreage within the East Fork state park is designated a regulated area.

Additional regulated areas, may be designated as quarantined by the director, without further hearing, upon publication of a notice to that effect in such newspaper in the quarantined and/or regulated area as he may select.

(B) No person shall move or cause to be moved any regulated article from or through a regulated area except in accordance with the provisions of this chapter.

Effective: 09/18/2011
R.C. 119.032 review dates: 09/18/2016
Promulgated Under: 119.03
Statutory Authority: 927.52927.71
Rule Amplifies: 927.71

901:5-57-03 Regulated articles.

(A) Firewood, stumps, roots, branches, debris and other material living, dead, cut, or fallen from all hardwood species; and green lumber, nursery stock and logs of the following genera: Acer (maple), Aesculus (horse chestnut), Albizia (mimosa), Betula (birch), Celtis (hackberry), Cercidiphyllum (katsura), Fraxinus (ash), Koelteria (golden raintree), Platanus (sycamore), Populus (poplar), Salix (willow), Sorbus (mountain ash), and Ulmus (elm).

(B) Any other article, product, or means of conveyance not covered by paragraph (A) of this rule if the director determines that it presents a risk of spreading Asian longhorned beetle.

Effective: 09/18/2011
R.C. 119.032 review dates: 09/18/2016
Promulgated Under: 119.03
Statutory Authority: 927.51927.71
Rule Amplifies: 927.71

901:5-57-04 Conditions of movement.

(A) No person shall move or cause a regulated article to be moved from a regulated area unless:

(1) The person has first entered into a compliance agreement with the Ohio department of agriculture or the United States department of agriculture, and;

(2) The regulated article is accompanied by an official certificate from the the Ohio department of agriculture or United States department of agriculture verifying that the regulated article complies with the conditions of the associated compliance agreement.

(3) The compliance agreement may require and specify the manner in which a regulated article is harvested, treated, stored, moved, processed, or disposed. The compliance agreement may contain any other requirements that the Ohio department of agriculture determines are necessary to ensure that the purpose of the quarantine is not compromised.

(B) No person shall move or cause a regulated article to be moved through a regulated area unless:

(1) The points of origin and destination are indicated on a waybill accompanying the regulated article; and

(2) The regulated article is moved through the quarantined area without stopping, or has been stored, packed, or handled at locations approved by an inspector as not posing a risk of infestation by Asian longhorned beetle; and

(3) The article has not been combined or commingled with other articles so as to lose its individual identity.

(C) No person shall dispose of a regulated article except in a manner prescribed in a compliance agreement.

Effective: 09/18/2011
R.C. 119.032 review dates: 09/18/2016
Promulgated Under: 119.03
Statutory Authority: 927.52927.71
Rule Amplifies: 927.71