Ohio Administrative Code Title 901:5 - Plant Industry
🌱 Ohio Administrative Code Title 901:5
Plant Industry
🔹 Overview
Title 901:5 covers regulations administered primarily by the Ohio Department of Agriculture (ODA) related to the inspection, certification, quarantine, and regulation of plants and plant products within Ohio.
The goal is to:
Protect Ohio’s agriculture and environment from pests, diseases, and invasive species,
Ensure the quality and safety of plant products in commerce,
Enforce compliance with state plant health laws.
🔹 Key Provisions of OAC Title 901:5
1. Plant Inspection and Certification
Procedures for inspecting plants, seeds, nursery stock, and other plant products.
Certification requirements for exporting or selling certain plants.
Inspection fees and reporting obligations.
2. Quarantine Rules
Establishes quarantines on certain pests or diseases (e.g., gypsy moth, emerald ash borer).
Prohibits the movement of regulated plants or materials from quarantined areas without permission.
Enforcement actions against violations.
3. Pest and Disease Control
Requirements for controlling specific pests or diseases.
Mandated treatment or destruction of infected plants.
Reporting infestations to ODA.
4. Licensing and Registration
Licensing requirements for nurseries, greenhouses, and plant dealers.
Registration of seed dealers and other plant-related businesses.
5. Compliance and Enforcement
Inspection powers of ODA agents.
Penalties for violations, including fines or revocation of licenses.
Procedures for appeals and hearings.
⚖️ Relevant Case Law Principles
While specific Ohio cases directly on Title 901:5 may be limited, general administrative and agricultural law principles apply:
✅ 1. State’s Police Power to Protect Agriculture
Principle:
Courts uphold state quarantine and inspection regulations as a valid exercise of the state's police power to protect agriculture, environment, and public health.
✅ 2. Due Process in Enforcement Actions
Principle:
Plant owners or businesses subject to enforcement or penalties must be given notice and an opportunity to be heard before license suspension or fines.
✅ 3. Reasonableness of Quarantine and Control Measures
Principle:
Courts will review whether quarantine areas and restrictions are reasonable and based on scientific evidence, balancing protection with property rights.
✅ 4. Scope of Inspection Authority
Principle:
ODA inspectors must operate within statutory authority; illegal or abusive inspections may be challenged.
✅ 5. License Revocation
Principle:
License holders facing revocation for violations are entitled to administrative hearings and judicial review.
🔎 Hypothetical Case Example
Scenario:
A nursery sells plants later found to be infested with a quarantined pest. The ODA issues a quarantine order and fines the nursery.
The nursery appeals, arguing that the pest was not present at the time of sale.
The hearing confirms the infestation and the court upholds ODA’s quarantine and fine.
The nursery must destroy affected stock and comply with control measures.
📌 Summary Table
| Aspect | Explanation |
|---|---|
| Inspection & Certification | Inspection of plants and certification for sale or export |
| Quarantine Enforcement | Restricts movement of infested or infected plants |
| Pest Control | Mandatory treatment or destruction of diseased/infected plants |
| Licensing/Registration | Requirements for plant-related businesses |
| Enforcement & Penalties | Fines, license revocation, hearings |
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