reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-11 - Pesticides › Section 901:5-11-08 - Demonstration of competence

Current through all regulations passed and filed through July 1, 2024
(A) Each applicant for a pesticide applicator
			 license shall show that
			 the applicant possesses adequate knowledge of general pesticide application
			 principles and competence to apply pesticides by
			 passing a general core examination and an additional examination for each
			 applicable pesticide-use category.In addition, each applicant for a
			 commercial applicator license shall demonstrate adequate knowledge and competence to conduct
			 diagnostic inspections within the pesticide-use categories for which the
			 applicant seeks licensure.
(1) Opportunity to
			 take examinations will be provided at such times and places as determined by
			 the director in consideration of the number and location of requests.
(2) A pesticide applicator may apply to
			 broaden their license to include a new pesticide-use category at any
			 time.
(3) In establishing the
			 standards for training and examination of pesticide applicators, the director
			 will be guided by the standards set forth in the "State Plan for Certification
			 of Applicators" as approved by the administrator of the United States
			 department of environmental protection.
(4) Each applicant for licensure as a
			 commercial applicator in the category of wood-destroying insect diagnostic
			 inspection shall submit a valid certificate verifying that they have completed
			 the Ohio wood-destroying insect inspection program.
(5)
									 Applicants who
			 fail to pass the general core examination shall not be issued a
			 license.
(6)
									 Except for private applicators, applicants who fail to
			 pass at least one pesticide-use category examination shall not be issued a
			 license.
(7) Applicants who fail to pass an examination may
			 apply to be re-tested at a pre-arranged time and location, but no earlier than
			 five business days after a previous examination except by special permission of
			 the director.
(8)
									
									Applicants who either fail the general
			 core examination or fail to pass at least one pesticide-use category may
			 re-utilize passing scores on either the general core exam or a pesticide use
			 category so long as those scores are not older than one year. If the applicant is unable to obtain licensure within that
			 year, the applicant must pass  both a
			 new core examination and a
			 new pesticide-use category examination, even if
			 the applicant had previously received a passing score on either the core or a
			 pesticide-use category examination.
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-11 - Pesticides › Section 901:5-11-09 - Notification requirements for lawn pesticide applicators

Current through all regulations passed and filed through July 1, 2024
(A) No commercial
			 applicator or trained serviceperson working under the direct supervision of a
			 commercial applicator shall:
(1) Apply any
			 lawn pesticides to residential lawns in any municipal corporation or subdivided
			 area of a township unless the applicator has done all
			 of the following:
(a) They provide the
			 following information in writing to the person on whose property the chemical
			 is being applied. This information shall be provided prior to or at the time of
			 application:
(i) The brand or common name of
			 each lawn pesticide applied;
(ii)
			 The chemical type (fungicide, herbicide, or insecticide);
(iii) Any special instruction on the label of
			 the lawn care pesticide product applicable to the customer;
(iv) The company name and telephone number of
			 the applicator's employer;
(v) The
			 date and time of the application;
(vi) Any other pertinent information as
			 required by the label; and
(vii) A written statement regarding lawn signs posted in
			 accordance with paragraph (A)(1)(c) of this rule which reads as follows: "Lawn
			 posting signs must remain in place for twenty-four hours following lawn
			 application."
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-11 - Pesticides › Section 901:5-11-10 - Recordkeeping

Current through all regulations passed and filed through July 1, 2024
(A) Commercial
			 applicators:
(1) Applying pesticides under
			 the pesticide use categories defined in paragraphs (N)(7) and (N)(10) of rule
			 901:5-11-01 of the
			 Administrative Code, or to structures and their contents shall record, in
			 English, on the date of application the following information for each
			 application made by the commercial applicator or trained service persons
			 working under the commercial applicator's direct supervision:
(a) Name of responsible commercial applicator
			 and names of the trained service persons applying pesticides under the
			 commercial applicator's direct supervision;
(b) Name and address of person contracting
			 for service;
(c) Date of
			 application;
(d) Pests to be
			 controlled;
(e) Locations and
			 methods of treatment for each pesticide used;
(f) Trade name (brand name) and EPA
			 registration number of pesticides used;
(g) Application concentration or dilution
			 used for each pesticide and total volume applied;
(h) Time of day of application, including the
			 time of starting the actual application and the time of completion of
			 application or, if uncompleted, the time when operations ceased for the
			 day.
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-11 - Pesticides › Section 901:5-11-11 - Storage, handling, disposal and distribution of pesticides, custom mixes and blends

Current through all regulations passed and filed through July 1, 2024
(A) Storage:
(1) Pesticides shall not be stored:
(a) In a manner that could result in
			 contamination of animal feeds or commercial fertilizers;
(b) Above or against feed components, animal
			 foods, foodstuffs, medications, or children's toys; or
(c)
										Loaded into aerial application
			 equipment within one hundred yards of an airline passenger terminal.
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-11 - Pesticides › Section 901:5-11-12 - Pesticide registration

Current through all regulations passed and filed through July 1, 2024
(A) Each pesticide distributed for use or
			 sale in this state shall be registered with the director of agriculture,
			 including those pesticides which are exempted from EPA registration under
			 section 25(b) of the Federal Insecticide, Fungicide, and Rodenticide Act,
			 7
			 U.S.C. 136-
			 136y
			 (2012).
(B) The registration
			 period for pesticides shall commence on the first day of July of each year and
			 expire on the last day of June of the following year. Registration fees are
			 non-refundable.
(C) An applicant
			 shall be issued a pesticide registration if the applicant has satisfied the
			 registration requirements set out in Chapter 921. of the Revised Code and the
			 rules adopted thereunder, and the following have been received by the director:
(1) A completed formal application;
(2) A complete copy of the labeling
			 accompanying the pesticide and a statement of all claims to be made for it,
			 including the directions for use and the use classification as provided for in
			 the federal act; and
(3) The fee as
			 set forth in division (F) of section
			 921.02 of the Revised
			 Code.
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-11 - Pesticides › Section 901:5-11-13 - Recordkeeping for wood-destroying insect diagnostic inspections for real estate transactions

Current through all regulations passed and filed through July 1, 2024
Commercial applicators conducting wood-destroying insect
				diagnostic inspections for real estate transactions (hereinafter inspections)
				shall:
(A) Conduct all inspections in
			 accordance with the practices set forth in the Ohio wood-destroying insect
			 diagnostic inspection training program.
(B) Make a complete record of the findings of
			 each inspection on form NPMA-33 which can be located at the Ohio department of
			 agriculture, plant health division website here:
https://www.agri.ohio.gov/wps/portal/gov/oda/divisions/plant-health/forms/npma_33
.
			 For the purposes of this chapter, a complete record means that the information
			 recorded in NPMA-33 (hereinafter the form) shall be recorded pursuant to this
			 rule. In the event of conflicting instructions for completing the form, the
			 provisions of this rule shall apply for all inspections made within this
			 state.
(C) Completely and
			 accurately record the following information in section one of the form:
(1) The name, address and telephone number of
			 the pesticide business conducting the inspection;
(2) The license number of the pesticide
			 business or registered location conducting the inspection;
(3) The date of the inspection;
(4) The physical address of the property
			 inspected;
(5) The name, license
			 number and original signature of the commercial applicator conducting the
			 inspection; and
(6) The specific
			 structures inspected.
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-11 - Pesticides › Section 901:5-11-14 - Integrated pest management standard

Current through all regulations passed and filed through July 1, 2024
(A) This rule shall apply to persons involved
			 in developing and implementing integrated pest management (IPM) activities for
			 non-agricultural uses in this state. This includes pesticide businesses, school
			 personnel, or any other individuals conducting
			 IPM activities. In order to be considered an IPM activity under this rule, the
			 activity shall include the elements set out in paragraph (B) of this
			 rule.
(B) Persons developing and
			 implementing IPM activities shall do all of the
			 following:
(1) Conduct a comprehensive
			 site assessment of the property for which the IPM activity is being developed.
			 This assessment shall identify the:
(a)
			 Structural, mechanical, storage or sanitation conditions that are producing or
			 could produce pest problems, including pest entry points and areas prone to
			 pest harborage;
(b) Type and extent
			 of pest activity; which may be determined by using monitoring devices when
			 practical; and
(c) Potential
			 impacts presented by the pests to humans, domestic animals and
			 environment.
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-11 - Pesticides › Section 901:5-11-15 - Pesticide use in schools

Current through all regulations passed and filed through July 1, 2024
(A) This rule shall apply to the
			 following:
(1)
									 School classroom
			 buildings established under Chapter 3311. of the Revised Code;
(2)
									 Education
			 service centers and community schools established under Chapter 3314. of the
			 Revised Code;
(3)
									 STEM schools established under Chapter 3326. of the
			 Revised Code; and
(4)
									 Non-public schools chartered by the board of education
			 pursuant to section 3301.16 of the Revised
			 Code.
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-11 - Pesticides › Section 901:5-11-19 - Pesticide safety for agricultural workers and handlers

Current through all regulations passed and filed through July 1, 2024
(A) The department
			 of agriculture adopts the Agricultural Worker Protection Standard found in 40
			 C.F.R. 170(2015), as the pesticide safety standard for
			 Ohio.
(B) The standard applies to
			 all agricultural workers and handlers working with, in, or around pesticides,
			 as defined in the Agricultural Worker Protection Standard.
(C) Any exemptions or exceptions found in the
			 Agricultural Worker Protection Standard apply to this rule.
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-11 - Pesticides › Section 901:5-11-99 - Civil penalties

Current through all regulations passed and filed through July 1, 2024
(A) A civil penalty may be assessed for each
			 violation of sections
			 921.01 to
			 921.29 of the Revised Code, any
			 rule adopted, and any order issued under authority of these sections. The
			 amount of the penalty shall be based on the following criteria:
(1) The cost to the department of agriculture
			 to investigate the violation. Calculation of the cost shall include:
(a) The average salary of all state employees
			 directly involved in pesticide use investigations with the rate being that
			 amount charged to other agencies for grant supported activities;
(b) Fringe benefits for all state employees
			 directly involved in the investigation;
(c) Indirect costs for hours shown in
			 paragraph (A)(1)(a) of this rule with the rate being that amount charged to
			 other agencies for grant supported activities;
(d) Duplicating and copying costs;
			 and
(e) Direct and indirect costs of all
			 laboratory analysis.
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-27 - Testing of Seed › Section 901:5-27-02 - Testing of seed

Current through all regulations passed and filed through July 1, 2024
The methods of sampling, inspecting, analyzing, testing and
				examining agricultural, flower, and vegetable
				seed offered for sale or sold in Ohio under the provisions of sections
				907.01
				to
				907.13
				of the Revised Code, and the tolerances permitted for evaluating those samples,
				inspections, analyses, tests, and examinations
				shall be those adopted in the "Rules for Testing Seed" published by the
				association of official seed analysts, October 2019.
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-27 - Testing of Seed › Section 901:5-27-03 - Labeling seed as to kind and variety

Current through all regulations passed and filed through July 1, 2024
Seed kinds labeled with a brand name and not a variety name
				shall be labeled with the phrase "variety not stated." Varieties of the
				following kinds of seeds are generally labeled as to variety and shall be
				labeled as to kind and variety or, in lieu of the variety name, the phrase
				"variety not stated," or "VNS":
(A)
			 Alfalfa;
(B) Barley;
(C) Smooth bromegrass;
(D) Buckwheat;
(E) Red clover;
(F) Field corn;
(G)
								Popcorn;
(H) Sweet corn;
(I) Kentucky bluegrass;
(J) Crownvetch;
(K) Tall fescue;
(L) Red fescue;
(M) Chewings fescue;
(N) Foxtail millet;
(O) Orchard grass;
(P) Oats;
(Q) Rye;
(R) Ryegrass;
(S) Sorghum;
(T) Sorghum-Sudan hybrids;
(U) Soybeans;
(V) Spelt;
(W) Sudangrass;
(X) Sunflower;
(Y) Timothy;
(Z) Tobacco;
(AA) Birdsfoot trefoil;
(BB) Triticale;
(CC) Wheat; and
(DD) Tillage radish.
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-27 - Testing of Seed › Section 901:5-27-04 - Vegetable and herb seed germination standards

Current through all regulations passed and filed through July 1, 2024
The minimum germination standards for
				vegetable and herb seeds offered for sale in the state of Ohio
				are:
Anise
50
Artichoke
60
Asparagus
70
Basil, sweet
70
Beans, garden
70
Beans, lima
70
Beans, asparagus
75
Beans, runner
75
Beets
65
Broccoli
75
Brussels sprouts
70
Cabbage
75
Cabbage, Chinese
75
Caraway
55
Cardoon
60
Carrot
55
Cauliflower
75
Celery and celeriac
55
Chard, Swiss
65
Chervil, salad
65
Chickory
65
Chives
50
Citron
65
Collards
80
Coriander
70
Corn, sweet
75
Cornsalad
70
Cowpea
75
Cress, garden
75
Cress, water
40
Cucumber
80
Dandelion
60
Dill
60
Eggplant
60
Endive
70
Fennel, florence
60
Fennel, sweet
50
Kale
75
Kohlrabi
75
Leek
60
Lettuce
80
Marjoram, sweet
50
Muskmelon
75
Mustard
75
Okra (including hard seeds)
50
Onion
70
Oregano
60
Pak-choi
75
Parsley
60
Parsnip
60
Peas
80
Pepper
55
Pumpkin
75
Radish
75
Rhubarb
60
Roquette
60
Rosemary
30
Rutabaga
75
Sage
60
Salsify
75
Savory, summer
55
Sorrel
65
Soybean
75
Spinach (except N. Zealand)
60
Spinach, New-Zealand
40
Squash
75
Thyme
50
Tomato
75
Tomato, husk
50
Turnip
80
Watermelon
70
The germination standards for all  vegetable and herb seed
				not identified in this rule shall be fifty per
				cent.
Effective:
				9/21/2014
R.C.
				119.032 review dates:
				07/07/2014 and
				09/21/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 901.10
Rule
				Amplifies: 901.03
Prior
				Effective Dates: 10/26/75, 5/22/81, 5/31/99,
				10/31/2004
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-27 - Testing of Seed › Section 901:5-27-05 - Disposal of screenings

Current through all regulations passed and filed through July 1, 2024
No person shall dispose of or burn screenings in a manner that
				may result in poisoning, discomfort, or nuisance
				to humans or livestock, or in the dissemination of weed seed.
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-27 - Testing of Seed › Section 901:5-27-06 - Prohibited and restricted noxious weed seed list

Current through all regulations passed and filed through July 1, 2024
(A) The following species are hereby
			 designated "prohibited noxious-weed seed":
(1) Field bindweed, Convolvulus arvensis
			 (L.);
(2) Quackgrass, Elytrigia
			 repens (L.) Nevski = Agropyron repens (L.) Beauv.;
(3) Canada thistle, Cirsium arvense (L.)
			 Scop.;
(4) Johnsongrass, Sorghum
			 halpense (L.) Pers.;
(5)
			 Heart-podded hoary cress, Lepidium draba sub. draba (L.) Desv.;
(6) Hairy whitetop or ballcress, Lepidium
			 appelianum (C. Meyer) Jarmol;
(7)
			 Perennial sowthistle, Sonchus arvensis (L.);
(8) Russian knapweed, Acroptilon repens (L.)
			 DC. = Centaurea picris Pallas ex Willd;
(9) Leafy spurge, Euphorbia esula
			 (L.);
(10) Hedge bindweed,
			 Calystegia sepium (L.) R. Br. = Convolvulus sepium (L.);
(11) Serrated tussock, Nassella trichotoma
			 (Nees) Hackel ex Arechav.;
(12)
			 Columbus grass, Sorghum x almum parodi;
(13) Purple loosestrife, Lythrum salicaria
			 (L.);
(14) Musk thistle, Carduus
			 nutans (L.);
(15) Giant Hogweed,
			 Heracleum mantegazzianum (Somer & Levier).
(16) Kochia, Bassia scoparia;
(17)
									Waterhemp,
			 Amaranthus tuberculatus;
(18) Palmer Amarantha, Amaranthus
			 palmeri;
(19) Shattercane, Sorghum
			 bicolor; and
(20) Apple of Peru,
			 Nicandra physalodes.
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-27 - Testing of Seed › Section 901:5-27-07 - Seed labeler permit application

Current through all regulations passed and filed through July 1, 2024
An application shall be 
								deemed complete if the form prescribed by
				the director contains all of the following :
(A)
			 The name and address of the applicant;
(B) The telephone
			  number of the
			 applicant;
(C) The email address
			 and website address of the applicant;
(D) The county in which
			 the applicant is located;
(E) The kind of seed
			 that the labeler sells;
(F) Each Ohio location
			 where seed to be labeled by the applicant may be sampled;
(G)
			 The original signature of the applicant. If the applicant is a business entity,
			 then the application shall contain the original signature of the responsible
			 person submitting the application on behalf of the applicant;
(H) If
			 the applicant is a business entity, the information required under paragraphs
			 (A)(1) to (A)(4) of this rule for the responsible person submitting the
			 application on behalf of the applicant.
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-27 - Testing of Seed › Section 901:5-27-09 - Native grass seeds and native grass seeds high in inert matter

Current through all regulations passed and filed through July 1, 2024
(A) The following species of grass are
			 defined as native grass:
(1) Bluestem, Big
			 (Andropogon gerardii);
(2)
			 Bluestem, Little (Schizachyrium scoparium);
(3) Dropseed, Sand (Sporobolus
			 cryptandrus);
(4) Grama, Sideoats
			 (Bouteloua curtipendula);
(5)
			 Indiangrass (Sorghastrum nutans);
(6) Needlegrass (Achnatherum thurberianum and
			 Nasela viridula); and
(7)
			 Switchgrass (Panicum virgatum).
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-30 - Disposal of Screenings › Section 901:5-30-02 - Invasive plant advisory committee

Current through all regulations passed and filed through July 1, 2024
(A)
			 There is hereby created an invasive plant advisory committee.
(B) The advisory committee shall be
			 considered a part of the department of agriculture for the purposes of
			 providing advice to the director on matters regarding invasive plants,
			 including but not limited to the identification of invasive plant species and
			 cultivars and the establishment of prohibited activities regarding those
			 species and cultivars.
(C) The
			 advisory committee shall consist of the following members:
(1) The director of the department of
			 agriculture or their designee, who shall be the chairperson of the
			 advisory committee;
(2) The
			 director of the Ohio department of natural resources or
			 their
			 designee;
(3) The director of the
			 Ohio environmental protection agency or their designee;
			 and
(4) The following
			 representatives as appointed by the director of the department of agriculture:
(a) A member of academia with knowledge of
			 invasive plants and horticulture employed at college or university located in
			 this state; and
(b) An individual
			 who represents the interests of the nursery and landscaping industry.
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-35 - Definitions of Inspections, Agreements and Certificates › Section 901:5-35-02 - Definitions of inspections, agreements and certificates

Current through all regulations passed and filed through July 1, 2024
As used in the rules adopted under Chapter 927. of the Revised
				Code:
(A) "Agricultural products and
			 their conveyances inspection" means any requested inspection of plants or
			 plant-based products, or their conveyances, conducted by the director or an
			 agent thereof for the purpose of determining what, if any, pests are infesting
			 or infecting the plants, plant-based products or their conveyances. The
			 inspection includes, but is not limited to, growing season inspections of
			 agronomic field, vegetable, greenhouse, and nursery crops upon which later
			 certifications may be based, and to fruit and vegetable commodity inspections.
			 This category does not include inspections that immediately result in issuance
			 of phytosanitary certificates, or the annual
			 nursery inspections as described in sections
			 927.59 and
			 927.61 of the Revised Code
			 .
(B) "Compliance agreement" means a
			 written agreement between a person and the Ohio department of agriculture for
			 the purpose of achieving the person's compliance with any set of requirements
			 specified by the department of agriculture upon which certifications may be
			 based and issued by the director. The term of a compliance agreement shall not
			 exceed one year.
(C)
			 "Phytosanitary certificate" means a document issued by the director or an agent
			 thereof declaring a plant product free of harmful pests, and includes Ohio and
			 United States phytosanitary certificates, processed product certificates,
			 re-export phytosanitary certificates, and any re-issuance of such certificates
			 necessitated by requestor error.
Effective:
				8/12/2010
R.C. 119.032 review dates:
				05/26/2010 and
				08/02/2015
Promulgated
				Under: 119.03
Statutory Authority: 927.52
Rule Amplifies:
				927.69
Prior Effective Dates: 7-19-04
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-37 - Noxious Weeds › Section 901:5-37-01 - Prohibited noxious weeds

Current through all regulations passed and filed through July 1, 2024
The following plants are hereby designated "prohibited noxious
				weeds":
(A) Shatter cane (Sorghum
			 bicolor).
(B) Russian thistle
			 (Salsola Kali var. tenuifolia).
(C)
			 Johnsongrass (Sorghum halepense ).
(D) Wild parsnip
			 (Pastinaca sativa).
(E) Grapevines
								(Vitis spp.), when
			 growing in groups of one hundred or more and not pruned, sprayed, cultivated,
			 or otherwise maintained for two consecutive years.
(F) Canada thistle
			 (Cirsium arvense ).
(G)
			 Poison hemlock (Conium maculatum).
(H) Cressleaf
			 groundsel (Senecio glabellus).
(I) Musk thistle
			 (Carduus nutans).
(J) Purple loosestrife (Lythrum salicaria).
(K)
			 Mile-A-Minute Weed (Polygonum perfoliatum).
(L) Giant Hogweed
			 (Heracleum mantegazzianum).
(M) Apple of Peru
			 (Nicandra physalodes).
(N) Marestail (Conyza
			 canadensis)
(O) Kochia (Bassia scoparia).
(P)
			 Palmer amaranth (Amaranthus palmeri).
(Q) Kudzu (Pueraria
			 montana var. lobata).
(R) Japanese knotweed
			 (Polygonum cuspidatum).
(S)
								Yellow Groove
			 Bamboo (Phyllostachys aureasculata), when the plant has spread from its
			 original premise of planting and is not being maintained.
(T)
								Field bindweed
			 (Convolvulus arvensis).
(U)
								Heart-podded hoary cress (Lepidium draba sub.
			 draba).
(V)
								Hairy whitetop or ballcress Lepidium
			 appelianum).
(W)
								Perennial sowthistle (Sonchus
			 arvensis).
(X)
								Russian knapweed (Acroptilon repens).
(Y)
								Leafy spurge
			 (Euphorbia esula).
(Z)
								Hedge bindweed (Calystegia sepium).
(AA)
								 Serrated
			 tussock (Nassella trichotoma).
(BB)
								Columbus grass
			 (Sorghum x almum).
(CC)
								Musk thistle (Carduus nutans).
(DD)
								Forage Kochia
			 (Bassia prostrata).
(EE)
								Water Hemp (Amaranthus tuberculatus).
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-42 - Destructive or Dangerously Harmful Plant Pests › Section 901:5-42-01 - Designation of destructive or dangerously harmful plant pests

Current through all regulations passed and filed through July 1, 2024
(A) For the
			 purposes of Chapter 927. of the Revised Code and as provided for in division
			 (A) of section 927.70 of the Revised Code, the
			 director of agriculture hereby designates as destructive or dangerously harmful
			 plant pests the following:
(1) Raccoon dog
			 (Nyctereutes procyonoides);
(2)
			 Monk parakeet (Miopsitta monachus); and
(3) Blacktail prairie dog (Cynomys
			 ludovicianus).
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-48 - Hemlock Pest › Section 901:5-48-01 - Notice of quarantine

Current through all regulations passed and filed through July 1, 2024
(A)
								
								In order to
			 prevent the spread of hemlock woolly adelgid, Adelges
			 tsugae, the following states are considered quarantined
			 states for the purposes of this chapter
								: Alaska, Connecticut, Delaware, Georgia,
			 Idaho, Kentucky, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New
			 York, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina,
			 Tennessee, Vermont, Virginia, Washington and West Virginia.
(B)
								
								A list of regulated areas may be found at the Ohio
			 department of agriculture's website:
http://www.agri.ohio.gov/divs/plant/hwa.htm
. Under authority of division (B) of section
			 927.71 of the Revised Code, the
			 director of agriculture may, without further hearing, extend a regulated area
			 to include additional portions of a quarantined state 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.
Click to
				view Appendix
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-48 - Hemlock Pest › Section 901:5-48-02 - Definitions

Current through all regulations passed and filed through July 1, 2024
As used in Chapter 901:5-48 of the Administrative Code:
(A) "Compliance agreement" means a written
			 agreement between a person and the Ohio department of agriculture for the
			 purpose of achieving the person's compliance with any set of requirements
			 specified by the department of agriculture upon which certifications may be
			 based and issued by the director. The term of a compliance agreement shall not
			 exceed one year.
(B) "Hemlock"
			 means all plants of the genus Tsuga.
(C) "Pest" means the insect known as hemlock
			 woolly adelgid Adelges tsugae  in
			 any living stage of development.
(D) "Regulated area" means the counties where
			 hemlock woolly adelgid has been found in a quarantined state.
Effective: 6/29/2015
Five Year
				Review (FYR) Dates: 04/03/2015 and
				06/29/2020
Promulgated
				Under: 119.03
Statutory
				Authority: 927.52,
				927.71
Rule
				Amplifies: 927.70,
				927.71
Prior
				Effective Dates: 8/29/2002, 12/13/2009,
				8/19/2012
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-48 - Hemlock Pest › Section 901:5-48-03 - Regulated articles

Current through all regulations passed and filed through July 1, 2024
The articles listed in paragraphs (A)
				to (H) of this rule are regulated articles subject to the quarantine
				established in rule
				901:5-48-01
				of the Administrative Code.
(A) Hemlock
			 seedlings;
(B) Hemlock nursery stock;
(C) Hemlock logs with
			 bark;
(D) Hemlock lumber with bark;
(E)
								 Hemlock
			 braches;
(F) Hemlock chips with bark;
(G)
			 Uncomposted Hemlock bark; and,
(H) Any life stage of
			 the pest.
Effective: 6/29/2015
Five Year
				Review (FYR) Dates: 04/03/2015 and
				06/29/2020
Promulgated
				Under: 119.03
Statutory
				Authority: 927.52,
				927.71
Rule
				Amplifies: 927.52,
				927.71
Prior
				Effective Dates: 8/29/2002, 12/13/2009,
				8/19/2012
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-48 - Hemlock Pest › Section 901:5-48-04 - Conditions for movement

Current through all regulations passed and filed through July 1, 2024
(A) No person shall transport into or within
			 Ohio any regulated article listed in rule
			 901:5-48-03 of
			 the Administrative Code, which originates in a quarantined state except as
			 covered in paragraphs (B), (C), and (D) of this rule.
(B) Hemlock seedlings and nursery stock may
			 be imported into Ohio from a non-regulated area of a quarantined state if the
			 following requirements are met:
(1) Each lot
			 of hemlock seedlings and hemlock nursery stock shall only be shipped if the
			 articles are accompanied by a certificate signed by an authorized agricultural
			 inspection official of the state of origin affirming that:
(a) The articles have been inspected and
			 found free from hemlock woolly adelgid; and,
(b) The articles originated and were grown in
			 a county where the hemlock woolly adelgid has not been found.
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-52 - Gypsy Moth › Section 901:5-52-01 - Notice of quarantine

Current through all regulations passed and filed through July 1, 2024
(A)
								Pursuant to
			 Chapter 927. of the Revised Code, the highly destructive insect Lymantria
			 dispar, more commonly known as the gypsy moth, is classified as a plant pest
			 due to its invasive and devastating impact on the environment.
(B)
								Except as
			 provided in rule
			 901:5-52-05
			 of the Administrative Code, no person shall transport any regulated articles as
			 defined in rule
			 901:5-52-03 of
			 the Administrative Code, from a regulated area as defined in rule
			 901:5-52-04 of the
			 Administrative Code into or through a non-regulated area in the state of
			 Ohio.
Replaces: 901:5-52-01
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-52 - Gypsy Moth › Section 901:5-52-02 - Definitions

Current through all regulations passed and filed through July 1, 2024
As used in this chapter:
(A) "Associated equipment" means any article
			 incidental to the use of a mobile home and recreational vehicle, including by
			 way of example, but not limited to: awnings, tents, outdoor furniture, trailer
			 blocks and trailer skirts.
(B)
			 "Block" means a contiguous area of land, whether owned by one, or more than
			 one, person.
(C) "Block
			 coordinator" means the primary contact person for correspondence and other
			 activities regarding the treatment of a block for suppression of the gypsy
			 moth.
(D) "Certificate" means a
			 document issued by an inspector which allows the movement of regulated
			 articles.
(E) "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 gypsy moth.
(F)
								"Department"
			 means the Ohio department of agriculture.
(G) "Federal
			 quarantine areas" means states or portions of states quarantined for gypsy moth
			 by the USDA under
			 7
			 CFR 301.45
								(2001).
(H) "Gypsy moth" means
			 the live insect, Lymantria dispar, in any life stage (egg, larva, pupa,
			 adult).
(I) "Infestation" means either the presence of the
			 gypsy moth in any living stage, or evidence that the gypsy moth is present in
			 any living stage (egg, larva, pupa, adult).
(J) "Inspector" means
			 an employee of or any other person authorized by the state of Ohio, another
			 state, or the USDA to enforce the
			 provisions of a quarantine for gypsy moth.
(K) "Person" means any individual,
			 partnership, corporation, company, society, association, unit of government, or
			 other organized group.
(L)
								"USDA" means the United States department of
			 agriculture.
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-52 - Gypsy Moth › Section 901:5-52-03 - Regulated articles

Current through all regulations passed and filed through July 1, 2024
The articles listed in paragraphs (A)
				to (D) of this rule are regulated articles subject to the quarantine
				established in rule
				901:5-52-01
				of the Administrative Code.
(A) The gypsy
			 moth, Lymantria dispar, in any living stage of development (i.e., egg, larva,
			 pupa, or adult).
(B) Trees and
			 woody shrubs, including cut Christmas trees.
(C) Logs, pulpwood, slabwood, firewood, and
			 wood chips.
(D) Any other
			 products, articles, or means of conveyance when it is determined by an inspector that a
			 life stage of the gypsy moth is in proximity to such articles, thereby
			 presenting a risk of spreading the gypsy moth, and the person in possession of
			 those articles has been so notified.
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-52 - Gypsy Moth › Section 901:5-52-04 - Regulated area

Current through all regulations passed and filed through July 1, 2024
The areas listed in this rule are
				declared to be regulated areas where a gypsy moth 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 states or
			 portions of states quarantined for the gypsy moth by the USDA under
			 7
			 CFR 301.45 (July 2001).
(B)
								The
			 following counties in Ohio:
(1)
			 Ashtabula county
(2) Lake county
			 ;
(3)
			 Geauga county ;
(4)
			 Trumbull county ;
(5)
			 Mahoning county ;
(6)
			 Columbiana county ;
(7)
			 Lucas county ;
(8)
			 Cuyahoga county ;
(9)
			 Summit county ;
(10)
			 Portage county ;
(11)
			 Stark county ;
(12)
			 Carroll county ;
(13)
			 Jefferson county ;
(14)
			 Belmont county ;
(15)
			 Coshocton county ;
(16)
			 Guernsey county ;
(17)
			 Harrison county ;
(18)
			 Holmes county ;
(19)
			 Lorain county ;
(20)
			 Medina county ;
(21)
			 Monroe county ;
(22)
			 Ottawa county ;
(23)
			 Tuscarawas county ;
(24)
			 Wayne county ;
(25)
			 Ashland county ;
(26)
			 Defiance county ;
(27)
			 Erie county ;
(28)
			 Fulton county ;
(29)
			 Henry county ;
(30)
			 Licking county ;
(31)
			 Muskingum county ;
(32)
			 Noble county ;
(33)
			 Sandusky county ;
(34)
			 Williams county ;
(35)
			 Wood county ;
(36)
			 Huron county ;
(37)
			 Richland county ;
(38)
			 Knox county ;
(39)
			 Washington county ;
(40)
			 Fairfield county ;
(41)
			 Morgan county ;
(42)
			 Perry county ;
(43)
			 Hocking county .;
(44)
									Seneca county;
(45)
									Franklin
			 county;
(46)
									Delaware county;
(47)
									Morrow
			 county;
(48)
									Marion county;
(49)
									Crawford
			 county:
(50)
									Athens county; and
(51)
									Vinton
			 county.
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-52 - Gypsy Moth › Section 901:5-52-05 - Conditions of movement

Current through all regulations passed and filed through July 1, 2024
As stated in rule
				901:5-52-01
				of the Administrative Code, no
								 person shall move from any regulated area
				as defined by rule
				901:5-52-04 of the
				Administrative Code any regulated article as
				defined by rule
				901:5-52-03 of
				the Administrative Code except in
				accordance with the conditions specified herein.
(A) A certificate must accompany the movement
			 of regulated articles from any regulated area  into or through any non-regulated
			 area in
			 Ohio. A copy of the certificate must be forwarded to the Ohio department of
			 agriculture within seven calendar days of movement. Certificates may be issued
			 by an inspector if the regulated articles:
(1) Have originated in non-infested premises
			 and have not been exposed to infestation while within the regulated area
			 ; or
(2) Upon examination have been found free of infestation; or
(3) Have been treated to destroy any
			 infestation in accordance with approved procedures; or
(4) Have been grown, produced, manufactured,
			 stored, or handled in such a manner that no infestation would be transmitted
			 thereby; or
(5) Will be handled,
			 utilized, processed, or treated at the destination in such a manner that their
			 movement will not hazard a spread of the gypsy moth.
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-52 - Gypsy Moth › Section 901:5-52-06 - Inspection and disposal

Current through all regulations passed and filed through July 1, 2024
(A)
								Any
			 properly identified inspector is authorized to stop and inspect, without a
			 warrant, any person or means of conveyance moving within the state of Ohio
			 
								so long as
			 there is probable cause to believe that such person or means of
			 conveyance is carrying infested articles.
(B)
								Any properly
			 identified inspector is authorized to seize, treat, destroy, or otherwise
			 dispose of articles found to be moving in violation of this chapter. Items will
			 be destroyed only if it is determined by any ODA inspector that destruction is
			 the only feasible method to avoid transportation of the life stages of gypsy
			 moth.
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-52 - Gypsy Moth › Section 901:5-52-07 - Treatment of infestations

Current through all regulations passed and filed through July 1, 2024
When feasible, areas found to be
				infested, or which are so situated as to be subject to infestation, such as
				campgrounds and roadside rests, shall be treated to eradicate or otherwise
				suppress the infestation to whatever extent possible.
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-52 - Gypsy Moth › Section 901:5-52-08 - Gypsy moth suppression program

Current through all regulations passed and filed through July 1, 2024
(A) A landowner may request that the
			 department  include the
			 landowner's property in the gypsy moth suppression program
								if:
(1) The block in which the landowner's
			 property is located is eligible for inclusion in the program pursuant to
			 paragraph (B) of this rule; and
(2)
			 The landowners designate a block coordinator who submits a completed
			 application pursuant to paragraph (C) of this rule; and
(3) Each landowner within the block:
(a) Signs and submits an agreement to
			 participate in the program pursuant to paragraph (E) of this rule;
			 and
(b) Submits payment of the
			 total cost to be assessed to that landowner pursuant to paragraph (E) of this
			 rule; and
(4) Sufficient
			 funds are available to allow the department to administer the gypsy moth
			 suppression program for the year for which the request is made;
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-55 - Apiary Registration › Section 901:5-55-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
As used in Chapter 901:5-55 of the Administrative Code
(A)
								"Africanized
			 honey bees" means any bees identified by the United States department of
			 agriculture by approved identification methods to be classified as mellifera
			 scutellata.
(B) "Beekeeper" means the person who
			 is the owner or person responsible for the
								 care of  honey bee
			 colonies .
(C)
			 "Control" means using any USDA/EPA approved method to eliminate or
			 significantly reduce the disease symptoms or pest.
(D)
								"Department" means the Ohio department of
			 agriculture.
(E) "Deputy apiarist" means a county apiary inspector
			 appointed by the board of county commissioners with the consent and concurrence
			 of the director of agriculture.
(F) "Deputy state
			 apiarist" means a state apiary inspector employed by the department of
			 agriculture who supervises and trains deputy apiarists.
(G)
			 "No consent form" means a document that may be signed by
			 a beekeeper which indicates that the department may not
			 enter their property for the purposes of inspection without the beekeeper's
			 approval. No consent forms may be found at
			 the department's website
www.agri.ohio.gov
.
(H)
								"Nuc" means a smaller "nucleus" colony of bees in a box
			 with three to eight frames containing a laying queen bee and her progeny in all
			 life stages. The nuc shall have honey and a viable population sufficient enough
			 to develop into a full sized colony.
(I)
			 "Pest" means an animal or insect that may cause harm to the honey bee
			 colony.
(J)
								"Pollination" means the use of honey bees for the transfer
			 of pollen in the production of agricultural crops.
(K)
								"Queen rearing
			 apiaries" means any apiary in which queen bees are reared for sale or
			 gift.
(L)
								"Serious bee disease" means any bee disease the
			 director of agriculture determines to be a threat to the beekeeping industry
			 within the state.
(M)
								"USDA/EPA" means United States department of
			 agriculture and the environmental protection agency.
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-55 - Apiary Registration › Section 901:5-55-02 - Registrations

Current through all regulations passed and filed through July 1, 2024
(A)
								Pursuant to section
			 909.02 of the Revised Code, all
			 persons required to register their apiary may find an application on the
			 department's website
www.agri.ohio.gov
. Renewal registration applications are also available at
			 the department's website.
(B) Honey bee colonies
			 moved within this state for pollination purposes shall be returned to an Ohio
			 registered apiary no later than ten days after the conclusion of the
			 pollination service for the crop involved. Colonies which are not returned as
			 required shall be considered a permanent apiary, which shall be registered in
			 accordance with section
			 909.02 of the Revised Code.
(C)
								Any person
			 moving honey bee colonies  into
			 this state  for the purposes of
			 pollination shall 
								notify the department at least seven days prior to the
			 shipment of bees into the state. The notice shall be accompanied by a current
			 certificate of inspection by an authorized inspector from the state or country
			 wherein shipment or movement originated. The certificate shall identify all
			 pathogens and parasites diagnosed and any controls that were implemented. The
			 owner shall provide an address, coordinates, map or description of the location
			 where the hives will be placed as well as the period of time in which the bees
			 will be at that location. If the hives are at a location for longer than two
			 consecutive months, that location shall be registered as an apiary in
			 accordance with section
			 909.02 of the Revised
			 Code.
								These colonies may be inspected by the state or deputy
			 apiarist.
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-55 - Apiary Registration › Section 901:5-55-03 - Serious bee diseases

Current through all regulations passed and filed through July 1, 2024
Pursuant to section
				909.03 of the Revised
				Code,
								
								the following have been classified as serious bee
				diseases:
(A) American foulbrood,
			  Paenibacillus larvae.
(B)
			 Varroa mite, Varroa destructor.
(C) Tracheal mite, Acarapis woodi.
(D)
			 Small hive beetle, Aethina tumida.
(E)
								Nosema
			 ceranae.
(F)
								Tropilaelaps spp.
(G)
								European
			 foulbrood, Melissococus plutonious.
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-55 - Apiary Registration › Section 901:5-55-04 - Inspection and procedures

Current through all regulations passed and filed through July 1, 2024
(A)
								The state
			 apiarist, deputy state apiarists, and deputy apiarists shall have the authority
			 to inspect all apiaries and feral or unclaimed honey bee
			 colonies.
(B)
								In order to avoid cold damage to apiaries and colonies,
			 inspections shall take place during those months when temperatures are above
			 fifty degrees Fahrenheit, unless requested by the beekeeper.
(C)
								All inspections
			 shall be conducted using the inspection procedures, policies, and best
			 management practices as detailed by the department in carrying out the
			 inspection and enforcement of Chapter 909. of the Revised Code.
(D)
								Inspection
			 results shall be delivered to the beekeeper as soon as possible following the
			 completion of the inspection.
Replaces: 901:5-55-04
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-55 - Apiary Registration › Section 901:5-55-05 - No consent and search warrant

Current through all regulations passed and filed through July 1, 2024
(A)
								Beekeepers may
			 submit a signed and completed no consent form to the department prior to March
			 fifteenth of each calendar year.
(B)
								Upon receipt of
			 the completed form, the department will communicate to the county and
			 associated deputy apiarist that the beekeeper has completed the
			 form.
(C)
								The department may work with the beekeeper to address
			 the reason for no consent and find an appropriate time to inspect the
			 apiary.
(D)
								Pursuant to section
			 909.05 of the Revised Code, if
			 the department is denied access to any premises where access is sought for the
			 purposes of this section, the department may apply to any court of competent
			 jurisdiction for a search warrant authorizing access to the premises for those
			 purposes. The court, upon receiving the application, may issue the search
			 warrant for the purposes requested.
(E)
								The department
			 may deny the issuance of and/or revoke any associated permits or certifications
			 for an apiary that has filed a no consent form.
Replaces: 901:5-55-05
Ohio Administrative Code › Title 901:5 - Plant Industry › Chapter 901:5-55 - Apiary Registration › Section 901:5-55-06 - Confirmation of disease

Current through all regulations passed and filed through July 1, 2024
(A) Any colony diagnosed by the
			 state apiarist, deputy state apiarist, or deputy
			 apiarist to have a serious bee disease shall be confirmed by the
			  department  or an accredited diagnostic
			 laboratory prior to an order for destruction pursuant
			 to section 909.03 of the Revised Code is
			 made.
(B)
								A copy of
			 the sample test results shall be provided to the beekeeper. If the beekeeper
			 requests, a sample shall also be provided at the time of inspection for his or
			 her own independent analysis.