2013 Oregon Revised Statutes
Volume : 13 - Water Resources, Agriculture and Food
Chapter 570 - Plant Pest and Disease Control; Invasive Species
Section 570.350 - Traffic in infested fruit prohibited; seizure; failure of owner to show fruit; sale to canneries and factories permitted.

(1) No person, firm or corporation shall import into this state or transport within this state or sell or offer for sale by displaying in stores, in or at fruit stands, or along public highways or in any other manner within this state fruit of any kind which is infested with any insect pest or is infested with any disease. The fact that any fruit bears the marks of scale, insects or is worm eaten, or bears the marks of a disease in excess of tolerances permitted by the State Department of Agriculture is prima facie evidence that the fruit is infested or infected within the meaning of this section.

(2) When an inspector, or other authorized person of the department, making an inspection of fruit finds that such fruit does not meet the requirements of this section or of other sections of the law relating to such fruit, the inspector or other authorized person shall place a seizure on such fruit and immediately serve notice in writing of such seizure upon the owner or person having possession. The owner or person having possession shall not sell or dispose of the seized fruit or move the seized fruit from the place of location provided for in the notice of seizure without written permission from the inspector so to do. The failure of the person in possession of the seized fruit to show such fruit in possession, or a written release signed by a proper person authorized by the department so to do, is prima facie evidence that the owner or person having possession of such fruit at time of seizure has violated the provisions of this section.

(3) In addition to the penalties provided for in ORS 570.990, fruit seized for violation of this section shall be disposed of by court order or by consent of the owner or person in possession; or when the infestation is such as to cause immediate danger of spread of pests or diseases to orchard and farm crops growing from or on the soil of Oregon, such fruit or fruits immediately shall be destroyed by the inspector making the seizure or by other persons authorized by the department, by burning or by other means that will completely eradicate the pest or disease, and without compensation to the owner, agent or person in possession of such fruit, where it appears beyond a reasonable doubt that the infestation is such as will cause immediate spread of pests or diseases. Such infested or infected fruit may be sold to evaporators, fruit canneries, fruit product factories, or other by-product factories under the following conditions:

(a) Fruit so sold shall be used solely for the production of manufactured fruit products, beverages or other manufactured products or by-products.

(b) The nature of the infestation or infection is not such as to make the article of food or beverage manufactured from such fruit unhealthful or unfit for use as a food or beverage.

(c) The sale of such fruit shall be subject to such grades and regulations as the department adopts.