This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 901:5-56-01 | Notice of quarantine.
Effective:
October 28, 2021
(A) Pursuant to sections 927.70 and
927.52 of the Revised Code, the director has determined the insect Lycorma
delicatula, more commonly known as the spotted lanternfly, to be destructive
and dangerously harmful pest due to the spotted lanternfly's impact on
agriculture and the environment. (B) Except as provided in rule
901:5-56-05 of the Administrative Code, no person shall transport any regulated
articles, as defined in rule 901:5-56-03 of the Administrative Code, from a
regulated area, as defined in rule 901:5-56-04 of the Administrative Code, into
or through a non-regulated area in the state of Ohio.
Last updated July 31, 2024 at 11:39 AM
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Rule 901:5-56-02 | Definitions.
Effective:
October 3, 2024
As used in this chapter: (A) "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 spotted lanternfly. (B) "Department" means the Ohio
department of agriculture. (C) "Director" means the
director of the Ohio department of agriculture. (D) "Infestation" means either the presence of the
spotted lanternfly in any living stage, or evidence that the spotted lanternfly
is present in any living stage (egg, nymph, adult). (E) "Official Certificate"
means a compliance agreement certificate, certificate of quarantine compliance,
permit, or other document approved by the Ohio department of agriculture and
the origin state or USDA, which allows the movement of regulated
articles. (F) "Person" means person as defined in division (J) of
section 927.51 of the Revised Code. (G) "Spotted lanternfly" means the live insect, Lycorma
delicatula, in any life stage (egg, nymph, adult).
Last updated October 3, 2024 at 8:47 AM
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Rule 901:5-56-03 | Regulated articles.
Effective:
October 28, 2021
The articles listed in paragraphs (A) to (C) of
this rule are regulated articles subject to the quarantine established in rule
901:5-56-01 of the Administrative Code. (A) The spotted lanternfly in any living stage of
development; (B) Plants and plant parts, which include, but are not
limited to, live or dead trees, nursery stock, firewood, logs, perennial
plants, garden plants, agricultural produce, stumps, branches; and (C) Any other products, articles, or means of conveyance
that pose a reasonable risk of spreading spotted lanternfly as determined by
the director.
Last updated July 31, 2024 at 11:39 AM
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Rule 901:5-56-04 | Regulated area.
Effective:
October 3, 2024
The areas listed in this rule are declared to be
regulated areas where a spotted lanternfly 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 following states or portions of
states infested with the spotted lanternfly as listed here: Pennsylvania, New
York, Connecticut, New Jersey, Maryland, Virginia, West Virginia, Delaware,
Ohio, Illinois, Indiana, Kentucky, Tennessee, North Carolina, Massachusetts,
Michigan and Rhode Island. (B) A list of regulated areas may be
found at the Ohio department of agriculture's website: www.agri.ohio.gov.
Inclusion on the list published at the Ohio department of agriculture's
website is considered as written notice in accordance with division (B) of
section 927.71 of the Revised Code.
Last updated October 3, 2024 at 8:47 AM
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Rule 901:5-56-05 | Conditions of movement.
Effective:
October 28, 2021
(A) No person shall move regulated
articles that have originated from a regulated area into a non-regulated area
within the state of Ohio unless: (1) Such regulated
article is accompanied by an official certificate approved by the department or
will be moved into the state of Ohio for experimental or scientific purposes,
on such conditions and under such safeguards as may be prescribed in writing by
the department; or (2) Such regulated
article has been loaded, handled, or shipped in a manner reasonably designed to
prevent the regulated article from becoming infested with or harboring spotted
lanternfly; and (3) The regulated article
is accompanied by a waybill that sets forth the regulated article's point
of origin and intended destination. (B) Regulated articles moved through
regulated areas may enter the state of Ohio provided that the regulated article
has not originated from a regulated area and: (1) Such regulated
article is accompanied by a waybill that sets forth the regulated
article's point of origin and intended destination; and (2) Such regulated
article has moved directly through a quarantine area without stopping except
for refueling and traffic conditions.
Last updated July 31, 2024 at 11:39 AM
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Rule 901:5-56-06 | Inspection and disposition of shipments.
Effective:
October 3, 2024
(A) The department may stop and inspect,
in a reasonable manner, any container, conveyance, package, or vehicle
reasonably believed to contain a regulated article. (B) When a regulated article has been
moved into the state of Ohio in violation of this rule, an inspector may take
action as authorized by the director to mitigate the risk of introduction or
spread of the spotted lanternfly. (C) If a regulated article is found to be
infested with or harboring spotted lanternfly, such regulated article must be
rendered free of infestation without cost to the state of Ohio.
Last updated October 3, 2024 at 8:47 AM
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