Ohio Revised Code Search

...The plant pest program fund is hereby created in the state treasury. The fund shall consist of money credited to it under section 909.15 of the Revised Code and under this chapter and any rules adopted under it. The director of agriculture shall use money in the fund to administer this chapter and Chapter 909. of the Revised Code. The director shall keep accurate records of all receipts into and disbursements...

... (B) A person who conducts the sale of nursery stock as a fund raiser for a nonprofit organization or nonprofit purpose for no more than two days per year, who is not a nurseryman, dealer, or collector, and who makes no more than two thousand dollars in revenue from the sale of nursery stock during a calendar year; (C) Any public or private arboretum operated not for profit, which exchanges inspected nursery stock ...

...re may enter into such reciprocal contracts and agreements as the director determines proper and expedient, with the proper authorities of other states or of the federal government to regulate the shipment, sale, and distribution of nursery stock in this state by persons residing in or located in another state, in accordance with sections 927.51 to 927.73 of the Revised Code.

...n 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 which is discovered in such shipment is subject to ...

...y misrepresentation, or concealment of facts or conditions.

...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...

... 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 nursery or other premises, any nursery stock unless such stock has been officially inspected and a valid certificate h...

...re with copies of the order forms, contracts, and agreements with his customers which are furnished for the use of agents or customers, or both.

...been brought under control to the satisfaction of the director. (B) No person after receiving such notice shall ship, deliver, or cause to be shipped or delivered any restricted or condemned nursery stock from such premises.

...ag 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 misuse a valid certificate tag or poster.

...(A) Nursery stock which is shipped into this state from another state or country, shall have attached thereto a tag or poster bearing a facsimile copy of a valid state or federal certificate of inspection. (B) No person shall accept any nursery stock for transportation which does not have a facsimile of a valid certificate or license plainly affixed on the outside of the package, box, bale, vehicle, or car containin...

...h condition that it will not grow satisfactorily when given reasonable care; (9) Has been placed under seizure or stop sale because of noncompliance with this section. (B) Nothing in this section prevents the sale of color mixtures within types or species of flowering bulbs or herbaceous plants when sold as such. (C) No person shall disseminate any false or misleading claim or advertisement concerning the vigor, v...

... seize, or order removed from sale, any nursery stock which has been removed from the field where grown, has not been permanently replanted, and: (1) Does not comply with the requirements of section 927.67 of the Revised Code with respect 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 r...

...d 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 issue permits to plant the multiflora rose for use in controlled experiments.

...en demonstrated to the director's satisfaction not to be a threat to the environment.

...for shipments comprised exclusively of nursery stock; (2) Phytosanitary certificates, one hundred dollars for all others; (3) Phytosanitary certificates, twenty-five dollars for replacement of an issued certificate because of a mistake on the certificate or a change made by the shipper if no additional inspection is required; (4) Compliance agreements, forty dollars; (5) Agricultural products and their conve...

...(A) No person shall knowingly permit any plant pest that has been determined to be destructive or dangerously harmful by the director of agriculture, in compliance with procedures required by division (A) of section 927.52 of the Revised Code, to exist in or on the person's premises. (B) Whenever the director or the director's authorized representative finds any article or commodity to be infested or has reas...

...(A) As used in this section, "gypsy moth" means the live insect, Lymantria dispar, in any stage of development. (B) The director of agriculture may establish a voluntary gypsy moth suppression program under which a landowner may request that the department of agriculture have the landowner's property aerially sprayed to suppress the presence of gypsy moths in exchange for payment from the landowner of a porti...

...when the director determines that such action is necessary to prevent or retard the spread of a pest into, within, or from this state; (2) Any other state or portion thereof when the director determines that a pest exists therein and that such action is necessary to prevent or retard its spread into this state. (B) The director may limit the application of a quarantine to the infested portions of the quarantin...

...omulgated under such sections. (B) The act, omission, or failure of any officer, agent, servant, or other individual acting for or employed by any person within the scope of his employment or office, shall be the act, omission, or failure of such person, as well as that of the officer, agent, servant, or other employee.

... and shall institute and prosecute such actions or proceedings for the enforcement of such sections and the punishment of all violations thereof as the director may request.

...Whoever violates sections 927.51 to 927.72 of the Revised Code is guilty of a misdemeanor of the third degree on a first offense; on each subsequent offense, the person is guilty of a misdemeanor of the second degree.