Chapter 901:5-47 Soybean Cyst Nematode

(A) Notice of Quarantine: Pursuant to section 927.71 of the Ohio Revised Code, the Director of Agriculture has determined that it is necessary to quarantine the States of: Arkansas, Florida, Illinois, Indiana, Kentucky, Louisiana, Missouri, Mississippi, North Carolina, Tennessee, and Virginia in order to prevent the spread of soybean cyst nematode (Heterodera glycines Ichinohe), which causes a dangerous disease of soybeans and certain other plants, not now known to be present in the State of Ohio. Under the authority of section 927.71 of the Revised Code the Director hereby quarantines the aforementioned states with respect to the movement into the State of Ohio from the quarantined state of the articles described in Paragraph (B) of this section, issues the regulations governing such movement, and gives notice of said quarantine and regulations.

(B) No common carrier or other person shall move into the State of Ohio from any quarantined state any of the following articles, except in accordance with conditions prescribed in 901:5-41-04:

(1) Soil, separately or with other things;

(2) Plants with roots;

(3) Sugar beets;

(4) Soybeans for seed;

(5) Hay;

(6) Used, mechanized cultivating equipment and used harvesting machinery;

(7) Used mechanized soil-moving equipment;

(8) Any other products, articles, or means of conveyance, of any character whatsoever, not covered by sub-paragraphs (1) through (7) of this paragraph, when it is determined that they present a hazard of spread of soybean cyst nematode, when the person in possession thereof has been notified.

HISTORY: (former AG-71-88.01); Eff 12-15-72

Rule promulgated under: RC Chapter 119.

Rule authorized by: RC 927.71

Definitions in these regulations shall be construed, respectively, to mean:

(A) Infestation. The presence of the soybean cyst nematode or the existence of circumstances that make it reasonable to believe that soybean cyst nematode is present;

(B) Mechanized cultivating equipment; mechanized soil-moving equipment. Mechanized equipment used for cultivating purposes, e.g., turning or disc plows; or for moving or transporting soil, e.g., drag lines, bulldozers, road scrapers, and dump trucks.

(C) Soybean cyst nematode. A nematode known as the soybean cyst nematode (Heterodera glycines Ichinhoe), in any stage of development.

HISTORY: (former AG-71-88.02); Eff 12-15-72

Rule promulgated under: RC Chapter 119.

Rule authorized by: RC 927.71

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

(A) Except as hereinafter provided in Paragraph (B), commodities covered in Paragraph (B) of regulation 901:5-47-01 are prohibited entry into Ohio from any area under quarantine unless each lot or shipment is accompanied by a certificate signed or bearing a facsimile signature of the authorized agricultural inspection official of the state of origin, affirming that the regulated articles accompanied thereby have originated in and are shipped from a non-infested area within his state or district, or that the regulated articles accompanied thereby have been treated under official supervision previous to shipment in a manner and by a method which will insure freedom from the living pest.

(B) Regulated articles may enter the State of Ohio without an accompanying certificate as described in Paragraph (A) above if:

(1) The Chief of the Division of Plant Industry of the Ohio Department of Agriculture issues a special permit for movement to a specified destination for limited handling, utilization, processing or treatment;

(2) Such articles are from a non-infested portion of a state named in regulation 901:5-47-01, provided that such state has adopted and is enforcing a quarantine or regulation which imposes restrictions on intrastate movement of the regulated articles which are substantially the same as those imposed in Paragraph (B) of regulation 901:5-47-01.

(C) Notwithstanding Paragraph (A) & (B) of this regulation;

(1) Regulated articles accompanied by a certificate issued by an authorized agricultural inspection official may be refused entry into the State of Ohio if in the opinion of the Director of the Ohio Department of Agriculture the issuance of such certificate was not based upon practices and procedures assuring the absence of soybean cyst nematode; and

(2) Regulated articles entering Ohio under provisions of part (2) of Paragraph (B) above may be refused entry if the Director has reasons to believe that the state of origin is not enforcing its quarantine or regulations in a manner assuring the absence of soybean cyst nematode.

HISTORY: (former AG-71-88.03); Eff 12-15-72

Rule promulgated under: RC Chapter 119.

Rule authorized by: RC 927.71

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