Ohio Admin. Code 901:5-42-01 - Designation of destructive or dangerously harmful plant pests
(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).
(B)
Except as provided in paragraph (C) of this rule,
No
no person
shall knowingly permit any plant pest designated as destructive or dangerously
harmful in paragraph (A) of this rule to exist in or on his premises or infest
any article or commodity in his possession.
with the following exceptions:
(1) Monk parakeets which have had
their wings clipped and maintained in such condition or are otherwise incapable
of free flight; and,
(2) Blacktail prairie dogs which
have been sterilized or are incapable of producing offspring;
or,
(3) When authorized by the director
of agriculture after determining that the possession of pest designated in this
rule will not pose undue risk of escape or of procreation.
(C)
An
individual may possess a plant pest designated in paragraph (A) of this rule
under the following circumstances:
(1)
Monk parakeets which have had their wings clipped and
maintained in such condition or are otherwise incapable of free
flight;
(2)
Blacktail prairie dogs which have been sterilized or
are incapable of producing offspring; or,
(3)
When authorized
by the director of agriculture after determining that the possession of pest
designated in this rule will not pose undue risk of escape or of
procreation.
(1) Upon giving notice to the owner or
his agent in possession thereof, seize, quarantine, treat, or otherwise dispose
of such pest, article, or commodity in such manner as he determines necessary
to suppress, control, eradicate, or to prevent or retard the spread of a
pest;
(2) In the event the owner or
his agent refuses to allow the director or his designee access to the premises,
order such owner or agent to so treat or otherwise dispose of the pest,
article, or commodity.
Notes
Promulgated Under: 119.03
Statutory Authority: 927.52
Rule Amplifies: 927.69, 927.70
Prior Effective Dates: 07/27/1991, 09/15/1995
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