130th Ohio General Assembly
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Am. Sub. S. B. No. 192  As Enrolled
(130th General Assembly)
(Amended Substitute Senate Bill Number 192)



AN ACT
To enact section 901.50 of the Revised Code to grant the Director of Agriculture exclusive authority to regulate invasive plant species.

Be it enacted by the General Assembly of the State of Ohio:

SECTION 1.  That section 901.50 of the Revised Code be enacted to read as follows:

Sec. 901.50.  (A) "Invasive plant species" means plant species that are not native to this state whose introduction causes or is likely to cause economic or environmental harm or harm to human health as determined by scientific studies. "Invasive plant species" does not include cultivated plants grown as food or livestock feed in accordance with generally accepted agricultural practices, including all plants authorized by the animal and plant health inspection service in the United States department of agriculture.

(B) Except as provided in division (C) of this section, the director of agriculture has sole and exclusive authority to regulate invasive plant species in this state, including the identification of invasive plant species and establishment of prohibited activities regarding them. The director may adopt rules in accordance with Chapter 119. of the Revised Code to administer this section.

(C) Nothing in this section precludes the director of environmental protection from continuing to consider the existence of invasive plant species when evaluating applications and permits for impacts to or mitigation and monitoring of wetlands that are subject to regulation under Chapter 6111. of the Revised Code and rules adopted under it, including using a list of invasive plant species compiled by that director. However, upon the taking effect of any rules adopted by the director of agriculture under division (B) of this section, the director of environmental protection shall use the list of invasive plant species established in those rules when conducting the activities described in this division.

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