Chapter 901:5-51 Geranium Pests

901:5-51-01 Geranium pest quarantine.

(A) NOTICE OF QUARANTINE. The Director of the Ohio Department of Agriculture has found that the insect Platyptilia pica, commonly known as the geranium plume moth and Puccinia pelargonii-zonalis, the causal agent of a rust disease of geraniums, neither being endemic to Ohio, are damaging to the production of geraniums and their use as ornamental plants in Ohio; and that such pests are spread by geranium cuttings and plants from infested states and from greenhouses so infested.

Pursuant to the authority granted by the provisions of section 927.71 of the Revised Code, the Director of Agriculture declares that a quarantine be established which prohibits or restricts the movement of geranium plants and cuttings from California and geranium plants offered for sale in Ohio under the conditions as set forth in this quarantine.

(B) DEFINITIONS.

(1) "Pest" means the insect known as the geranium plume moth, Platyptilia pica, in any living stage of development and the geranium rust fungus, Puccinia pelargonii-zonalis, in any viable stage.

(2) "DIRECTOR" means the Director of the Ohio Department of Agriculture or any inspector or person authorized to enforce the provisions of the quarantine and regulations or acts supplemental thereto.

(3) "GERANIUM CUTTING" means the severed, unrooted vegetative portion of Pelargonium hortorum plant used for propagation.

(4) "GERANIUM PLANT" means a complete plant of Pelargonium hortorum with roots, stem and leaves.

(C) AREA UNDER QUARANTINE. The State of California and premises in Ohio where geranium plants and cuttings grown for sale or offered for sale are found to be infested with either of the two geranium pests defined above.

(D) REGULATED ARTICLES.

(1) The geranium plume moth in any living stage;

(2) Geranium plants or cuttings;

(3) Any other products and articles or means of conveyance, of any character whatsoever, not otherwise herein named as regulated articles, where it is determined by the director that they present a hazard of spread of the geranium plume moth or the geranium rust fungus.

(E) CONDITIONS FOR TRANSIT OR SALE IN OHIO.

(1) All shipments of geranium plants or cuttings from California shall be accompanied by a special certificate of inspection issued by the proper authority of that state, declaring that the plants or cuttings are free of the geranium pests defined in paragraph (B)(1) above. Such certification may be based upon whatever measures are deemed necessary and appropriate by officials of the California Department of Agriculture.

(2) Pest-infested geranium plants or cuttings, grown for sale within Ohio, shall be treated to control such pests in a manner recommended by the Ohio Cooperative Extension Service.

(F) DISPOSITION OF VIOLATIONS.

(1) If the director finds a shipment of regulated articles from California not accompanied by a valid certificate of inspection issued in accordance with the conditions set forth in paragraph (E) above, he may order such shipment destroyed or removed from the state.

(2) If the director by inspection finds a geranium pest infestation on a premise in Ohio where geranium plants or cuttings are grown for sale, he may place such premise under quarantine and give notice to control such infestation to the owner, possessor or person in charge of such premise and ten (10) days following the giving of such notice may treat or otherwise dispose of the pests in a manner deemed necessary to control, eradicate, or prevent the spread of the pests, at the expense of the owner. Control procedures shall be conducted in a manner recommended by the Ohio Cooperative Extension Service.

R.C. 119.032 review dates: 05/19/2010 and 05/19/2015
Promulgated Under: 119.03
Statutory Authority: 927.71
Rule Amplifies: 927.71
Prior Effective Dates: 2-23-74