2013 Oregon Revised Statutes
Volume : 13 - Water Resources, Agriculture and Food
Chapter 561 - State Department of Agriculture
Section 561.560 - Emergency quarantine; publication of notice; powers of Governor; duration.

(1) The Director of Agriculture shall issue a written order declaring a quarantine if the director determines that:

(a) A disease or an infestation has a significantly adverse effect on plants, animals, fowls or bees;

(b) The disease or infestation is not widely prevalent or distributed within this state;

(c) The disease or infestation exists in another state, territory or country or in any locality within this state; and

(d) Following the procedure for declaring a quarantine by rule under ORS 561.510 would create a serious danger of the disease or infestation spreading within the state during the time required by the procedure.

(2) The written order declaring the quarantine shall prohibit the movement into or within the state of any plants, animals, fowls, bees or articles that are likely to spread the disease or infestation. The director may amend the order as the director considers necessary. The director shall sign the written order and any amendments to the order.

(3) The director shall file all quarantine orders and amendments to the orders with the Secretary of State and shall publish a notice of the quarantine and of any amendments to a quarantine order in a newspaper of general circulation throughout the state. The director may take other action the director considers reasonable to ensure that the affected persons have knowledge of the quarantine. A quarantine order or amendment to an order is effective upon filing with the Secretary of State. A person may not carry, move or transport any plants, animals, fowls, bees or articles specified in a quarantine order or amendment from the quarantined area into or through any part of the state, except as provided in the order or amendment. Proofs of the publication of the notices provided for in this section shall be filed in the office of the State Department of Agriculture.

(4) A quarantine created by a written order issued under this section may not remain in effect more than 180 days after the first publication of notice under subsection (3) of this section. However, a quarantine for a longer period may be declared under ORS 561.510, to take effect at or before the expiration of the 180-day period.

(5) The Governor by filing an order with the Secretary of State may terminate a quarantine ordered by the director under this section. If the Governor terminates a quarantine under this subsection, the director must obtain the approval of the Governor before issuing any additional quarantine or amendments under this section for the same disease or infestation. [Amended by 1969 c.150 §1; 1971 c.734 §85; 2009 c.98 §19]