Ohio Revised Code Search

...(A) As used in this section and in sections 927.40 to 927.42 of the Revised Code: (1) "Pest" has the same meaning as in section 927.51 of the Revised Code. (2) "Quarantined area" means an area that is quarantined by the director of agriculture under section 927.71 of the Revised Code or by the United States department of agriculture. (B) Counties, townships, and municipal corporations may, upon the vote of the boa...

...The board of county commissioners, board of township trustees, or legislative authority of a municipal corporation may authorize an agent to enter upon any lands in a quarantined area within the subdivisions for the sole purpose of inspecting such lands for the existence of the pest for which the quarantined area has been established. Such powers of inspection may be exercised by any such subdivision, through its age...

...such efforts as will cover the actual costs of the efforts. In the same manner, plants that are dead or dying from a pest may be removed or completely destroyed at the cost of the landowner.

...(A) The board of county commissioners, the board of township trustees, or the legislative authority of any municipal corporation may obtain the assistance of the department of agriculture or the United States department of agriculture upon any problem that arises in connection with combating dutch elm disease and phloem necrosis. (B) If the board of county commissioners, the board of township trustees, or the...

...apable of causing, injury, disease, or damage to any plant, plant part, or plant product. (L) "Place of business" means each separate location from which nursery stock is sold, offered for sale, or distributed. (M) "Intensive production area" means a place where nursery stock is propagated or grown using greenhouses, liner beds, lath beds, or containers. (N) "Nonintensive production area" means any place wher...

...(A) The director of agriculture shall adopt and enforce any rules that are necessary to carry out sections 927.51 to 927.73 of the Revised Code. (B) The director may revoke, suspend, or refuse to issue any nursery certificate or dealer's license for any violation of sections 927.51 to 927.71 of the Revised Code, or of any rules adopted under those sections. (C) The director may publish reports describing nurs...

...On receipt of a notice pursuant to section 3123.43 of the Revised Code, the director of agriculture shall comply with sections 3123.41 to 3123.50 of the Revised Code and any applicable rules adopted under section 3123.63 of the Revised Code with respect to a license, certificate, or permit issued pursuant to this chapter.

...(A) Each collector or dealer who sells, offers, or exposes for sale, or distributes nursery stock within this state, or ships nursery stock to other states, shall pay an annual license fee of one hundred twenty-five dollars to the director of agriculture for each place of business the collector or dealer operates. (B)(1) Each dealer shall furnish the director, annually, an affidavit that the dealer will buy a...

... disbursements that pertain to plant pests.

...The fees required by section 927.53 of the Revised Code do not apply to: (A) A person who produces for sale either within this state or within any state in which such plants and parts do not require a certificate of inspection as a condition of entry, only nonhardy plants and plant parts, vegetable plants, herbs, or forced floral plants, of whatever nature, while in bloom; (B) A person who conducts the sale of nurs...

...(A) Each nurseryman, dealer, or collector of nursery stock, who resides in or has his principal place of business in another state and who sends nursery stock into this state without having a bona fide order in advance for all such nursery stock, shall obtain the same license that is required by section 927.53 of the Revised Code. (B) The director of agriculture may enter into such reciprocal contracts and ag...

...The director of agriculture may require any person who receives, directly or indirectly, nursery stock from a foreign country to notify the department of agriculture of the arrival of such shipment, the contents thereof, and the name and address of the consignor. If instructed to do so by the director, such person shall hold any such shipment unopened until inspected or released by the director. Any infested stock wh...

...The director of agriculture or his authorized representative, shall, at least once each year, inspect each nursery and other place in this state in which nursery stock is stored or held for sale. The director or his authorized representative shall have free access, within reasonable hours, to any field, orchard, garden, greenhouse, packing ground, building, cellar, freight, or express office, or warehouse, car, vesse...

...Each nurseryman or collector who sells or delivers nursery stock in this state shall apply in writing before the fifteenth day of April of each year to the director of agriculture for inspection of his nursery stock growing in this state. Such nurseryman or collector is liable for any additional expense incurred in the inspection of the nursery stock which may be due to his failure to give such notice prior to said d...

...rently free from injurious or harmful pests and after payment of the fees required by section 927.53 of the Revised Code, a certificate setting forth the fact of such inspection. The certificate is valid not to exceed one year from the first day of January following the filing of the application provided for in section 927.60 of the Revised Code. (B) No person shall sell, offer for sale, or remove or ship from a nur...

...(A) No person shall make a false declaration of acreage or conceal any nursery stock from inspection. (B) Each person who sells nursery stock shall, if requested, furnish the director of agriculture with copies of the order forms, contracts, and agreements with his customers which are furnished for the use of agents or customers, or both.

...(A) If the director of agriculture or his authorized representative determines that a pest in or on any premises used for growing, storage, or sale of nursery stock is destructive or harmful, he shall: (1) Notify the nurseryman, dealer, collector or person having charge of the premises, in writing, of the presence of such pest; (2) Restrict the movement of such infested stock, or withold such person's license or c...

...(A) Each person who wholesales, sells for resale, or distributes for resale nursery stock in this state shall attach on the outside of each package, box, bale, or vehicle load, or lot sold or delivered, a tag or poster on which shall appear on exact copy of his valid license or certificate of inspection. (B) No person shall use certificate tags or posters which have been altered or are invalid. (C) No person shall ...

...ch nursery stock apparently free from pests and eligible for certification, and releases such stock for delivery.

...c) Other authoritative works and checklists. (2) Is labeled with any incorrect or misleading information about such nursery stock; (3) Is not labeled as a collected plant if it is such; (4) Is infested by, or infected with, a plant pest or is not otherwise sound and healthy; (5) Has not been stored or displayed under conditions which will maintain its vigor; (6) Is dead or seriously weakened by drying or by exce...

... to soundness, vigor, or freedom from pests; (2) Is not correctly labeled in accordance with section 927.67 of the Revised Code; (3) Does not bear a certificate tag or poster as required by section 927.65 or 927.66 of the Revised Code; (4) Is being offered for sale at a location or by a person not licensed under section 927.53 of the Revised Code. (B)(1) The director may hold nursery stock seized by authority of ...

...No person and no political subdivision, agency, department, or instrumentality of the state shall, without a permit issued by the director of agriculture, sell, offer for sale, or plant any variety of multiflora rose plants or seed in this state, except that a licensed nurseryman may plant the multiflora rose for use as a root stock in growing roses other than the multiflora rose in his nursery. The director may issu...

...(A) Except as otherwise provided in division (B) of this section, no person and no political subdivision, agency, department, or instrumentality of the state shall sell, offer for sale, or plant Lythrum salicaria (purple loosestrife) plants or seed in this state without a permit issued by the director of agriculture. The director may issue permits to plant Lythrum salicaria for use in controlled experiments. (B) The...

...To effect the purpose of sections 927.51 to 927.73 of the Revised Code, the director of agriculture or the director's authorized representative may: (A) Make reasonable inspection of any premises in this state and any property therein or thereon; (B) Stop and inspect in a reasonable manner, any means of conveyance moving within this state upon probable cause to believe it contains or carries any pest, host, c...

...ested, or finds that a host or pest exists on any premises, or is in transit in this state, the director may: (1) Upon giving notice to the owner or the owner's agent in possession thereof, seize, quarantine, treat, or otherwise dispose of the pest, host, article, or commodity in such manner as the director determines necessary to suppress, control, eradicate, or to prevent or retard the spread of a pest; (2)...