Chapter 901:5-58 | Box Tree Moth

Rule 901:5-58-01 | Notice of quarantine.

• Effective: April 11, 2024
• Promulgated Under: 119.03

(A) Pursuant to sections 927.70 and 927.52 of the Revised Code, the director has determined the insect Cydalima perspectalis, more commonly known as the box tree moth, to be destructive and dangerously harmful pest due to the box tree moth's impact on agriculture and landscapes.

(B) Except as provided in rule 901:5-58-05 of the Administrative Code, no person shall transport any regulated articles, as defined in rule 901:5-58-03 of the Administrative Code, from a regulated area, as defined in rule 901:5-58-04 of the Administrative Code, into or through a non-regulated area in the state of Ohio.

Last updated April 12, 2024 at 1:48 AM

Supplemental Information

Authorized By: ORC 927.52
Amplifies: ORC 927.71
Five Year Review Date: 4/11/2029

Rule 901:5-58-02 | Definitions.

• Effective: April 11, 2024
• Promulgated Under: 119.03

The following terms as used in this chapter shall be construed to mean:

(A) "Box Tree Moth" means any living life stage of the insect known as Cydalima perspectalis.

(B) "Official Certificate" means a phytosanitary certificate, compliance agreement certificate, certificate of quarantine compliance, permit, or its equivalent issued by the Ohio department of agriculture, an authorized state agricultural official or USDA.

(C) "Compliance agreement" means a written agreement between a person engaged in growing, selling, processing, or moving regulated articles, and a department of agriculture or regulatory equivalent setting forth specified measures for the person to implement to prevent the spread of the box tree moth.

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

(E) "Director" means the director of the Ohio department of agriculture or authorized representative.

(F) "Infestation" means the presence of the box tree moth or the existence of the circumstances that make it reasonable to believe that the box tree moth is present.

(G) "Inspector" means an employee of the department authorized to enforce the provisions of this quarantine.

(H) "Moved or Move or Movement" means shipped, held for shipment, received for shipment, transported, carried, or allowed to be moved or shipped.

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

(J) "Pest" means box tree moth (Cydalima perspectalis).

Last updated April 12, 2024 at 1:48 AM

Supplemental Information

Authorized By: ORC 927.52
Amplifies: ORC 927.71
Five Year Review Date: 4/11/2029

Rule 901:5-58-03 | Regulated articles.

• Effective: April 11, 2024
• Promulgated Under: 119.03

Box tree moth (Cydalima perspectalis), in any living form. The whole plant, plant parts, and nursery stock of the genus Buxus, including all living and dead material, cut or fallen stems and branches, stumps, stems, roots, branches, leaves and debris, any of which measuring a half inch or greater in any two dimensions as measured by a sieve or other appropriate mechanism, or any plant material that is commingled with or indistinguishable from any part of the Buxus plant and/or plant parts except seeds. A regulated article may also include any other article, commodity, item, or product that the director reasonably believes to be infested or susceptible to infestation by box tree moth.

Last updated April 12, 2024 at 1:48 AM

Supplemental Information

Authorized By: ORC 927.52
Amplifies: ORC 927.71
Five Year Review Date: 4/11/2029

Rule 901:5-58-04 | Regulated area.

• Effective: April 11, 2024
• Promulgated Under: 119.03

The areas listed in this rule are declared to be regulated areas where a box tree moth infestation is known to the director of agriculture 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 box tree moth as listed here: Massachusetts, Michigan, New York and Ohio.

(B) Additional regulated areas designated as quarantined by the Ohio department of agriculture pursuant to section 927.71 of the Revised Code. Detailed maps of the regulated areas can be found by visiting the department's website: www.agri.ohio.gov.

Last updated April 12, 2024 at 1:48 AM

Supplemental Information

Authorized By: ORC 927.52
Amplifies: ORC 927.71
Five Year Review Date: 4/11/2029

Rule 901:5-58-05 | Conditions of movement.

• Effective: April 11, 2024
• Promulgated Under: 119.03

(A) Regulated articles may move into or through regulated areas provided that the regulated article has not originated from a regulated area and:

(1) Such regulated articles are accompanied by a waybill that sets forth the regulated article's point of origin and intended destination;

(2) Such regulated articles have moved directly through a regulated area without stopping except for refueling and traffic conditions;

(3) Such regulated articles are in transit through the regulated area for no more than eight hours and which are safeguarded from infestation by tarping or enclosure and are not unloaded or commingled with regulated articles of different origins for the purposes of a delivery route; or

(4) Such regulated articles are moved into the regulated area for the purpose of immediate installation or delivery to a licensed dealer or producer of nursery stock.

(B) The director may allow movement of regulated articles which originate within a regulated area to areas outside of the regulated area through a written compliance agreement issued by the director provided the regulated articles:

(1) Have been grown, handled and shipped in accordance with the stipulations and provisions of a valid compliance agreement issued by the department, or has been reviewed and approved by the department and issued by USDA or another state's regulatory equivalent; and

(2) Are accompanied by an official certificate or markings authorizing such movement.

(C) A person engaged in growing, handling, or moving a regulated article intrastate may request a compliance agreement with the department. The department may, in its sole discretion, issue or decline to issue a compliance agreement. Any authorized holder of a compliance agreement shall comply with the provisions of this part and any conditions imposed under the compliance agreement. Any compliance agreement may be canceled by the department, either orally or in writing, whenever the director determines, that the authorized holder of the compliance agreement has not complied with this rule or the conditions imposed under the compliance agreement.

Last updated April 12, 2024 at 1:48 AM

Supplemental Information

Authorized By: ORC 927.52
Amplifies: ORC 927.71
Five Year Review Date: 4/11/2029