Chapter 901:5-58 Walnut Twig Beetle

901:5-58-01 Notice of quarantine.

(A) To prevent the spread of the destructive pest walnut twig beetle and associated disease known as thousand cankers , the states of Arizona, California, Colorado, Idaho, Nevada, North Carolina, New Mexico, Ohio, Oregon, Pennsylvania, Utah, Virginia, Tennessee and Washington are quarantined.

(B) Under authority of division (B) of section 927.71 of the Revised Code, the director of agriculture may extend a regulated area to include additional portions of a quarantined area either:

(1) Upon publication of a notice to that effect in such newspapers in the quarantined area as he may select; or,

(2) Upon written notice to those concerned.

(C) No person shall import or cause to be imported into the state of Ohio or move through the state of Ohio any regulated article listed in rule 901:5-58-03 of the Administrative Code except in accordance with the provisions of rule 901:5-58-05 of the Administrative Code.

Effective: 12/26/2013
R.C. 119.032 review dates: 09/07/2017
Promulgated Under: 119.03
Statutory Authority: 927.52 , 927.71
Rule Amplifies: 927.71
Prior Effective Dates: 9/7/2012

901:5-58-02 Definitions.

As used in Chapter 901:5-58 of the Administrative Code:

(A) "Bark" means the visible natural bark of a tree and an additional one-half inch of wood, including the vascular cambium.

(B) "Compliance agreement" means a written agreement between the Ohio department of agriculture and a person that provides conditions under which regulated articles from a regulated area may qualify for entry into the state of Ohio or from the state of Ohio into another state.

(C) "Firewood" means wood, either split or unsplit, in sections less than four feet in length.

(D) "Heat treated" means the product has been heated to a minimum core temperature of sixty degrees Celsius and that temperature has been maintained for a minimum duration of sixty minutes.

(E) "Pest" means the insect known as walnut twig beetle, Pityophthorus juglandis or the associated fungal pathogen know as thousand cankers disease, Geosmithia morbida or other causal agent, in any living stage of development.

(F) "Regulated area" means the portion of the quarantined state to which the application of this quarantine is limited as defined and in rule 901:5-58-04 of the Administrative Code.

(G) "Walnut" means all Juglans spp.

Effective: 12/26/2013
R.C. 119.032 review dates: 09/07/2017
Promulgated Under: 119.03
Statutory Authority: 927.52 , 927.71
Rule Amplifies: 927.71
Prior Effective Dates: 9/7/2012

901:5-58-03 Regulated articles.

(A) The articles listed in paragraphs (A)(1) to (A)(9) of this rule are regulated articles subject to the quarantine established in rule 901:5-58-01 of the Administrative Code.

(1) Walnut nursery stock of any size;

(2) Walnut logs;

(3) Walnut lumber (green);

(4) Walnut limbs, roots, and branches;

(5) Bark from walnut trees and wood chips from walnut trees;

(6) Any firewood;

(7) Any item made from or containing the wood of the walnut tree which is capable of spreading thousand cankers disease;

(8) Any means of conveyance which is capable of spreading thousand cankers disease of walnut; and,

(9) Any life stages of the pest

(B) The walnut articles listed in paragraphs (B)(1) to (B)(3) of this rule are not subject to the quarantine established in rule 901:5-58-01 of the Administrative Code.

(1) Nut meats and hulls;

(2) Processed lumber (one hundred per cent bark-free and heat treated or kiln-dried);

(3) Finished wood products without bark ; and,

(4) Wood veneer.

Effective: 12/26/2013
R.C. 119.032 review dates: 09/07/2017
Promulgated Under: 119.03
Statutory Authority: 927.52 , 927.71
Rule Amplifies: 927.71
Prior Effective Dates: 9/7/2012

901:5-58-04 Regulated areas.

(A) All counties of the following states: Arizona, California, Colorado, Idaho, Nevada, New Mexico, Oregon, Utah and Washington.

(B) Any counties in the following states where the pest has been officially confirmed to be established: North Carolina, Ohio, Pennsylvania, Tennessee, and Virginia.

(C) Any other area where the pest has been officially confirmed to be established.

Effective: 12/26/2013
R.C. 119.032 review dates: 09/07/2017
Promulgated Under: 119.03
Statutory Authority: 927.52 , 927.71
Rule Amplifies: 927.71
Prior Effective Dates: 9/7/2012

901:5-58-05 Conditions for movement.

(A) No person shall move or cause to be moved a regulated article which originated in, or has transited through, a regulated area into or through the state of Ohio unless:

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

(2) The regulated article is accompanied by an official phytosanitary certificate from the originating state verifying that the walnut material complies with the conditions of the associated Ohio department of agriculture compliance agreement.

(B) Regulated articles entering or transiting Ohio from non-regulated areas outside of Ohio must be accompanied by shipping records, invoices, waybills, bills of lading, certificates of origin, certificates of quarantine compliance, or phytosanitary certificates which indicate the state and county of origin.

(C) Persons receiving regulated articles from sources outside of Ohio shall retain a copy of shipping records, invoices, waybills, bills of lading, certificates of origin and/or quarantine compliance and/or phytosanitary certificates for a period of thirty-six months.

Effective: 12/26/2013
R.C. 119.032 review dates: 09/07/2017
Promulgated Under: 119.03
Statutory Authority: 927.52 , 927.71
Rule Amplifies: 927.71
Prior Effective Dates: 9/7/2012