Chapter 901:5-52 Gypsy Moth

901:5-52-01 Notice of quarantine.

(A) Pursuant to Chapter 927. of the Ohio Revised Code, the highly destructive insect Lymantria dispar, more commonly known as the gypsy moth, is classified as a plant pest due to its invasive and devastating impact on the environment.

(B) Except as provided in rule 901:5-52-05, no person shall transport any regulated articles as defined in rule 901:5-52-03 of the Administrative Code, from a regulated area as defined in rule 901:5-52-04 of the Administrative Code into or through a non-regulated area in the state of Ohio.

Replaces: 901:5-52-01

Effective: 6/30/2016
Five Year Review (FYR) Dates: 06/30/2021
Promulgated Under: 119.03
Statutory Authority: 927.52
Rule Amplifies: 927.71
Prior Effective Dates: 12/24/1986, 1/20/2005

901:5-52-02 Definitions.

As used in this chapter:

(A) "Associated equipment" means any article incidental to the use of a mobile home and recreational vehicle, including by way of example, but not limited to: awnings, tents, outdoor furniture, trailer blocks and trailer skirts.

(B) "Block" means a contiguous area of land, whether owned by one, or more than one, person.

(C) "Block coordinator" means the primary contact person for correspondence and other activities regarding the treatment of a block for suppression of the gypsy moth.

(D) "Certificate" means a document issued by an inspector which allows the movement of regulated articles.

(E) "Compliance agreement" means a written agreement between a person engaged in growing, selling, processing, or moving regulated articles, and the Ohio department of agriculture setting forth specified measures to be implemented by the person to prevent the spread of the gypsy moth.

(F) "Department" means the Ohio department of agriculture.

(G) "Federal quarantine areas" means states or portions of states quarantined for gypsy moth by the USDA under 7 CFR 301.45(2001).

(H) "Gypsy moth" means the live insect, Lymantria dispar, in any life stage (egg, larva, pupa, adult).

(I) "Infestation" means either the presence of the gypsy moth in any living stage, or evidence that the gypsy moth is present in any living stage (egg, larva, pupa, adult).

(J) "Inspector" means an employee of or any other person authorized by the state of Ohio, another state, or the USDA to enforce the provisions of a quarantine for gypsy moth.

(K) "Person" means any individual, partnership, corporation, company, society, association, unit of government, or other organized group.

(L) "USDA" means the United States department of agriculture.

Effective: 6/30/2016
Five Year Review (FYR) Dates: 04/14/2016 and 06/30/2021
Promulgated Under: 119.03
Statutory Authority: 927.52
Rule Amplifies: 927.71
Prior Effective Dates: 12/24/1986

901:5-52-03 Regulated articles.

"Regulated articles" are those products or commodities that have been demonstrated to harbor and transmit various life stages of the gypsy moth, when such articles are situated within or in proximity to an infestation. Specifically:

(A) The gypsy moth, Lymantria dispar, in any living stage of development (i.e., egg, larva, pupa, or adult).

(B) Trees and woody shrubs, including cut Christmas trees.

(C) Logs, pulpwood, slabwood, firewood, and wood chips.

(D) Recreational vehicles, boats, trailers, tents, mobile homes, and associated equipment.

(E) Outdoor household articles, including but not limited to, tables, benches, chairs, doghouses, birdhouses and feeders, planters, utility sheds, grills, garden equipment and machinery, firewood, and children's playthings, such as playhouses and sandboxes.

(F) Any other products, articles, or means of conveyance, of any character whatsoever, when it is determined by an inspector that a life stage of the gypsy moth is in proximity to such articles, thereby presenting a risk of spreading the gypsy moth, and the person in possession of those articles has been so notified.

R.C. 119.032 review dates: 05/19/2010 and 05/19/2015
Promulgated Under: 119.03
Statutory Authority: 927.52
Rule Amplifies: 927.71
Prior Effective Dates: 12-24-86

901:5-52-04 Regulated area.

The areas listed in this rule are declared to be regulated areas where a gypsy moth infestation is known to exist at a level which poses a risk of spreading the pest to non-infested areas of Ohio and other states.

(A) The states or portions of states quarantined for the gypsy moth by the USDA under 7 CFR 301.45 (July 2001).

(B) The following counties in Ohio:

(1) Ashtabula county

(2) Lake county ;

(3) Geauga county ;

(4) Trumbull county ;

(5) Mahoning county ;

(6) Columbiana county ;

(7) Lucas county ;

(8) Cuyahoga county ;

(9) Summit county ;

(10) Portage county ;

(11) Stark county ;

(12) Carroll county ;

(13) Jefferson county ;

(14) Belmont county ;

(15) Coshocton county ;

(16) Guernsey county ;

(17) Harrison county ;

(18) Holmes county ;

(19) Lorain county ;

(20) Medina county ;

(21) Monroe county ;

(22) Ottawa county ;

(23) Tuscarawas county ;

(24) Wayne county ;

(25) Ashland county ;

(26) Defiance county ;

(27) Erie county ;

(28) Fulton county ;

(29) Henry county ;

(30) Licking county ;

(31) Muskingum county ;

(32) Noble county ;

(33) Sandusky county ;

(34) Williams county ;

(35) Wood county ;

(36) Huron county ;

(37) Richland county ;

(38) Knox county ;

(39) Washington county ;

(40) Fairfield county ;

(41) Morgan county ;

(42) Perry county ;

(43) Hocking county .;

(44) Seneca county;

(45) Franklin county;

(46) Delaware county;

(47) Morrow county;

(48) Marion county;

(49) Crawford county:

(50) Athens county; and

(51) Vinton county.

Effective: 6/30/2016
Five Year Review (FYR) Dates: 04/14/2016 and 06/30/2021
Promulgated Under: 119.03
Statutory Authority: 927.52
Rule Amplifies: 927.71
Prior Effective Dates: 12/24/86, 9/8/92, 11/21/94, 8/28/98, 7/7/99, 5/19/00, 6/29/01, 6/28/02

901:5-52-05 Conditions of movement.

As stated in rule 901:5-52-01 of the Administrative Code, no person shall move from any regulated area as defined by rule 901:5-52-04 of the Administrative Code any regulated article as defined by rule 901:5-52-03 of the Administrative Code except in accordance with the conditions specified herein.

(A) A certificate must accompany the movement of regulated articles from any regulated area into or through any non-regulated area in Ohio. A copy of the certificate must be forwarded to the Ohio department of agriculture within seven calendar days of movement. Certificates may be issued by an inspector if the regulated articles:

(1) Have originated in non-infested premises and have not been exposed to infestation while within the regulated area ; or

(2) Upon examination have been found free of infestation; or

(3) Have been treated to destroy any infestation in accordance with approved procedures; or

(4) Have been grown, produced, manufactured, stored, or handled in such a manner that no infestation would be transmitted thereby; or

(5) Will be handled, utilized, processed, or treated at the destination in such a manner that their movement will not hazard a spread of the gypsy moth.

(B) There are no restrictions imposed on the movement of regulated articles within regulated areas or within federal quarantine areas, provided they do not transit any non-regulated areas in Ohio.

(C) As a condition of issuance of certificates for the movement of regulated articles, any person engaged in purchasing, assembling, exchanging, handling, processing, utilizing, treating, or moving such articles may be required to sign a compliance agreement, stipulating that he will maintain such safeguards against the establishment and spread of infestation and comply with such conditions as to the maintenance of identity, handling, and subsequent movement of such articles, and the cleaning and treatment of means of conveyance and containers used in the transportation of such articles as may be required by the inspector. Any compliance agreement may be canceled for failure to comply with the provisions of this quarantine or any conditions imposed pursuant to it.

Effective: 6/30/2016
Five Year Review (FYR) Dates: 04/14/2016 and 06/30/2021
Promulgated Under: 119.03
Statutory Authority: 927.52
Rule Amplifies: 927.71
Prior Effective Dates: 12/24/1986

901:5-52-06 Inspection and disposal.

(A) Any properly identified inspector is authorized to stop and inspect, without a warrant, any person or means of conveyance moving within the state of Ohio so long as there is probable cause to believe that such person or means of conveyance is carrying infested articles.

(B) Any properly identified inspector is authorized to seize, treat, destroy, or otherwise dispose of articles found to be moving in violation of this chapter. Items will be destroyed only if it is determined by any ODA inspector that destruction is the only feasible method to avoid transportation of the life stages of gypsy moth.

Effective: 6/30/2016
Five Year Review (FYR) Dates: 04/14/2016 and 06/30/2021
Promulgated Under: 119.03
Statutory Authority: 927.52
Rule Amplifies: 927.71
Prior Effective Dates: 12/24/1986

901:5-52-07 Treatment of infestations.

When feasible, areas found to be infested, or which are so situated as to be subject to infestation, such as campgrounds and roadside rests, shall be treated to eradicate or otherwise suppress the infestation to whatever extent possible.

Effective: 6/30/2016
Five Year Review (FYR) Dates: 04/14/2016 and 06/30/2021
Promulgated Under: 119.03
Statutory Authority: 927.52
Rule Amplifies: 927.71
Prior Effective Dates: 1/15/1987

901:5-52-08 Gypsy moth suppression program.

(A) A landowner may request that the department of agriculture include the landowner's property in the gypsy moth suppression program. If:

(1) The block in which the landowner's property is located is eligible for inclusion in the program pursuant to paragraph (B) of this rule; and

(2) The landowners designate a block coordinator who submits a completed application pursuant to paragraph (C) of this rule; and

(3) Each landowner within the block:

(a) Signs and submits an agreement to participate in the program pursuant to paragraph (E) of this rule; and

(b) Submits payment of the total cost to be assessed to that landowner pursuant to paragraph (E) of this rule; and

(4) Sufficient funds are available to allow the department to administer the gypsy moth suppression program for the year for which the request is made;

The department will have the block in which the landowner's property is located treated for suppression of gypsy moth pursuant to its contract with the aerial applicator.

(B) A block may be eligible for inclusion in the gypsy moth suppression program if:

(1) The block is located within the regulated area of the gypsy moth quarantine, as set out in rule 901:5-52-04 of the Administrative Code; and

(2) The block is comprised of no less than fifty contiguous acres of treatable area;

and

(3) The tree canopy covers no less than fifty per cent of the block; and

(4) No less than thirty-five per cent of the tree species within the block boundary is comprised of tree species which are designated as susceptible or resistant to gypsy moth on the list of species in volume II, appendix D of the final environmental impact statement, issued by the United States department of agriculture dated November 1995. This list is set out as appendix C of this rule; and

(5) The density of gypsy moth egg masses within the block is no less than either:

(a) Two hundred fifty egg masses per acre in a residential forested area; or

(b) One thousand egg masses per acre in an uninhabited forested area; and

(6) The block has received a favorable assessment review by the Ohio department of natural resources and the United States fish and wildlife service.

(C) A block may be eligible for participation in the gypsy moth suppression program if the director has received the following on or before the first day of September of the calendar year immediately preceding the year for which treatment for the block is sought:

(1) A completed application, the form of which is attached to this rule as appendix A. An application shall be deemed complete when it contains each of the following on a form prescribed by the director:

(a) The full name, mailing address and daytime telephone number of the block coordinator; and

(b) The full name and address of each participating landowner owning property within the block; and

(c) The township or municipal corporation in which the block to be treated is located; and

(d) The county where the block to be treated is located; and

(e) The preferred product for control of gypsy moth in the block to be treated;

and

(f) The original signature of each participating landowner owning property within the block; and

(g) The original signature of the block coordinator; and

(2) A map detailing the boundaries of the block to be included in the suppression program. This map shall:

(a) Clearly outline all boundaries for each property forming the block to be treated; and

(b) Identify by full name the owners of each property contained within the block to be treated; and

(c) Show the scale used when drawing the map. This scale shall be one of the following:

(i) For blocks less than two hundred acres in size, the scale shall be one inch equals two hundred feet; or

(ii) For blocks greater than or equal to two hundred acres, the scale shall be one inch equals four hundred feet.

(D) When calculating the total cost to be assessed to a landowner, the department shall:

(1) First determine the total cost per acre to the department for gypsy moth suppression activities for the year that the landowner's block is proposed for treatment, given the preferred pesticide product to be used within the landowner's block. The total cost per acre shall be calculated by determining the total expense of aerial spraying for gypsy moths to be incurred by the department in that year for the preferred pesticide product to be used in the block, divided by the number of acres proposed to be treated in that year using that same pesticide. The total expense of aerial spraying for the suppression of gypsy moth shall be calculated per the current contract between the department and the aerial spray contractor.

(2) Multiply the total cost per acre calculated pursuant to paragraph (D)(1) of this rule by the number of acres that the landowner has requested be treated. In no case shall the total cost to be assessed to a landowner exceed fifty per cent of the department's cost to treat the block in which the landowner's property is located

(E) A landowner whose block has been approved for inclusion in the gypsy moth suppression program shall sign an agreement, the form for which is attached to this rule as appendix B, and submit the signed agreement with payment equal to the total cost assessed to the landowner as calculated under paragraph (D) of this rule to the department on or before the first day of March of the calendar year in which the treatment is sought. If the agreement and payment equal to the total cost assessed to the landowner are not received on or before the first day of March, the treatment may not be scheduled.

R.C. 119.032 review dates: 05/19/2010 and 05/19/2015
Promulgated Under: 119.03
Statutory Authority: 927.52 ; 927.701
Rule Amplifies: 927.701
Prior Effective Dates: 1-20-05