US Laws, Codes, Statutes & Cases

Chapter 570 — Plants; Inspection, Quarantine, Pest and Weed Control

 

2007 EDITION

 

PLANTS; PEST AND WEED CONTROL

 

AGRICULTURE

 

DEFINITIONS

 

570.005     Definitions for ORS 570.005 to 570.600

 

COUNTY HORTICULTURAL INSPECTORS

 

570.010     County horticultural inspectors; appointment; term; powers and duties

 

570.015     Deputy inspectors

 

570.020     Inspectors may enter premises

 

570.025     Instruction, education and supervision of inspectors; reports

 

570.030     Compensation of inspectors; office supplies; clerical help

 

570.035     Appeals from inspectors’ decisions

 

570.040     Inspection where inspector unavailable

 

570.045     Assistance of employees of common carriers in locating horticultural articles; refusal or neglect is misdemeanor

 

570.050     Cooperation of peace officers in enforcing quarantines

 

570.055     Disposition of fines

 

INSPECTION AND QUARANTINE GENERALLY; ABATEMENT OF NUISANCES

 

570.105     Definitions for ORS 570.110 to 570.190

 

570.110     Inspections and visitations by director and deputies

 

570.115     Quarantine establishment; revocation

 

570.120     Quarantine powers exercised only in emergencies

 

570.125     Inspector of outgoing shipments

 

570.130     Shipments marked to indicate place of origin; must be free from pests and disease

 

570.135     Premises may be entered for inspection

 

570.140     Infested or infected shipment; notice to shipper

 

570.145     Procedure when infested or infected shipment can be separated

 

570.150     Procedure when infested or infected shipment can be treated

 

570.155     Disposition of shipment when neither separated nor treated

 

570.160     Procedure when shipment is sound, but from infected or infested area

 

570.165     Service and sufficiency of notices provided for in ORS 570.140 to 570.165

 

570.170     Department to make inspections; infected or infested matter declared public nuisance

 

570.175     Procedure for abatement of public nuisance

 

570.180     Summary abatement of nuisance

 

570.185     Application of ORS 570.170 to 570.180 limited

 

570.190     Notices; manner of service; persons authorized to make service; reputed owner considered owner

 

570.196     Certain barberry varieties declared nuisances; cultivation prohibited; permitted varieties

 

570.200     Procedure for abatement of nuisance caused by certain barberry varieties

 

PROTECTIVE MEASURES AGAINST SPREAD OF DISEASE AND PESTS

 

570.305     Department officials to prevent introduction of pests and diseases

 

570.310     Cooperation with interested groups and agencies

 

570.320     Horticultural inspectors to prevent introduction of diseased matter into state

 

570.325     Collaboration with federal department

 

570.330     Containers and wrappers to be labeled

 

570.335     Prunings and cuttings to be burned

 

570.345     Spraying or destroying infested or infected matter; notice; “infested” and “infected” defined

 

570.350     Traffic in infested fruit prohibited; seizure; failure of owner to show fruit; sale to canneries and factories permitted

 

570.355     Packing or delivery for shipment of infected fruit is misdemeanor; manufacture into by-product permitted

 

570.360     Department to present evidence of violations; prosecution in justice court

 

570.365     Proceeds from fines; use

 

570.370     Fumigatorium established; purpose

 

570.375     Management and control of fumigatorium

 

CONTROL AREAS

 

570.405     Department may establish control areas; limitations

 

570.407     Eastern filbert blight control; removal of trees; attorney fees in enforcement action

 

570.410     Violation of order prohibited

 

570.412     Making contracts and receiving funds to carry out control order

 

570.415     Revocation of control area order

 

570.420     Cherry fruit fly control area inspector; appointment; duty; pay

 

570.425     Inspector has access to land in area; refusal to comply with control area order

 

570.430     Procedure for collection of expenses incurred by inspector

 

570.435     Expenses to be paid by county

 

570.450     Rapeseed control areas

 

WEED CONTROL

 

(Generally)

 

570.500     Legislative findings; need for evaluation

 

570.505     Necessity of eradication of weeds; cooperation in control and eradication

 

570.510     State and counties to control noxious weeds

 

570.515     County governing body may create weed control district; petition for special weed control district

 

570.520     Weed inspectors; appointment; duties; compensation

 

570.525     Notice of district creation and weeds to be controlled

 

570.530     Weed inspector right of entry; service of notice to eradicate weeds; department or district control measures

 

570.535     Owner or occupant to eradicate weeds; disposition of fines

 

570.540     Eradication of weeds on public lands and rights of way

 

570.545     Eradication of weeds when owner or occupant refuses to do so; request for quarantine; statement of expenses to be filed

 

570.550     Statement to be entered on lien docket; recovery of unpaid amount

 

570.555     Payment for work

 

570.560     County tax for weed control fund; expenditure

 

570.562     Special assessment

 

570.565     Dissolution of weed control district; disposition of funds

 

570.570     Duty to clean machinery before moving; weed infested residue not to be moved

 

570.575     Copy of statute to be posted on machinery; copies furnished by county clerk

 

(Cost-Share Assistance Grants)

 

570.580     Cost-share assistance grants for weed control; application

 

570.585     Cost-share assistance grants for weed control; source of expenditures; limit on grants

 

570.590     Eligibility for grants

 

570.595     Department funds for grants; reports by county

 

570.600     Financial assistance by department for weed control; limit on county responsibility

 

INTERSTATE COMPACT ON PEST CONTROL

 

570.650     Interstate Compact on Pest Control

 

570.655     Meaning of “executive head”

 

570.660     Cooperation of state agencies with Insurance Fund

 

570.665     Insurance Fund bylaws to be filed with State Department of Agriculture

 

570.670     Compact administrator

 

570.675     Application for assistance

 

570.680     Credit of expenditure to department account

 

IMPORTED TIMBER PRODUCTS INSPECTION PROGRAM

 

570.700     Definitions for ORS 570.700 to 570.710

 

570.705     Legislative findings; timber product inspection; assessment of costs

 

570.710     Fee for timber products health program

 

PENALTIES

 

570.990     Penalties

 

570.995     Civil penalties

 

DEFINITIONS

 

      570.005 Definitions for ORS 570.005 to 570.600. As used in ORS 570.005 to 570.600 and 570.990, unless the context requires otherwise:

      (1) “Department” means the State Department of Agriculture.

      (2) “Director” means the Director of Agriculture.

 

COUNTY HORTICULTURAL INSPECTORS

 

      570.010 County horticultural inspectors; appointment; term; powers and duties. (1) Upon petition of not less than 25 resident fruit growers of any county of this state, the county court of such county may, subject to the approval of the Director of Agriculture, appoint a county horticultural inspector, whose duties are:

      (a) To inspect orchards, nurseries, trees, shrubs, vines, fruits, vegetables, plants, packing houses, warehouses, storerooms, farms and other places within the county.

      (b) To visit and inspect the fruit drying and packing plants while such plants are in operation.

      (c) To enforce the regulations required by the State Department of Agriculture governing the handling, drying and packing of prunes, apples, loganberries or other fruits evaporated and packed for human consumption.

      (d) To enforce all laws of the state relating to such insect pests and such diseases as affect trees, vines, plants of any kind, or fruit or vegetables of any kind and all other horticultural laws, rules and regulations of the state.

      (2) The county horticultural inspector shall hold office during the pleasure of the county court. [Amended by 1971 c.397 §1]

 

      570.015 Deputy inspectors. Upon a petition of not less than 25 resident fruit growers of any county of this state, the county court of such county may, subject to the approval of the Director of Agriculture, appoint one or more deputy county horticultural inspectors. Each deputy inspector shall hold office during the pleasure of the county court and shall have and perform all the powers and duties of a county horticultural inspector.

 

      570.020 Inspectors may enter premises. The county horticultural inspectors, deputy county horticultural inspectors and all other persons authorized to enforce the horticultural and inspection laws of Oregon are authorized and empowered to enter upon or into any premises, land, buildings, enclosures or other places for the purpose of inspecting any article which is subject to or may be subject to infestation with any insect injurious to any article which grows upon or in or from the soil by processes of plant growth, or the eggs, larvae or pupae of such insects or with any disease injurious to any such article or articles and for the further purpose of enforcing any of the laws of this state relating to horticultural quarantine or horticultural inspection or the abatement of horticultural nuisances or any other duties imposed by law upon such inspectors and other persons authorized to enforce the inspection and horticultural laws of Oregon.

 

      570.025 Instruction, education and supervision of inspectors; reports. The State Department of Agriculture shall instruct and educate the county and deputy county horticultural inspectors as to the laws and quarantine regulations of the state, and the rules and regulations of the department. The inspectors shall perform their duties under the general supervision of the department, to which they shall make reports in the manner prescribed by the department.

 

      570.030 Compensation of inspectors; office supplies; clerical help. (1) Each county horticultural inspector and deputy inspector shall be paid for services by the county and actual necessary expenses incurred in the performance of duties. The county horticultural inspector and each deputy inspector shall report monthly to the State Department of Agriculture the time for which the inspector or deputy inspector is entitled to pay during the month for which such report is made, and a statement of actual necessary expenses incurred in the performance of duties as such inspector, and the department shall certify the report to the county court before such compensation and expenses shall be paid.

      (2) The county court shall supply the county and deputy county horticultural inspectors with such blanks, stationery, postage, equipment and clerical hire as are needed in the performance of their official duties.

 

      570.035 Appeals from inspectors’ decisions. The State Department of Agriculture shall hear and promptly decide all appeals from the county or deputy county horticultural inspectors. Its decisions shall have full force and effect until set aside by the courts of the state. All appeals from inspectors to the department shall be under the form and regulations prescribed by the department.

 

      570.040 Inspection where inspector unavailable. If any county for any reason fails to appoint a county horticultural inspector or if for any reason the inspector is not available, the nearest inspector available may perform such services, and the compensation of the inspector and the necessary expenses incurred in the performance of duty shall be charged against the county where the service is performed, as if the inspector had been appointed by the county court of such county.

 

      570.045 Assistance of employees of common carriers in locating horticultural articles; refusal or neglect is misdemeanor. All clerks, bookkeepers, express agents, railroad officials, employees, or employees of common carriers shall render to the State Department of Agriculture and its inspectors all assistance in their power in tracing, finding or discovering the presence of any article named in the horticultural laws. Any refusal or neglect on the part of said persons to render such friendly aid to assist in the carrying out of ORS 564.020, 570.005 to 570.055, 570.125, 570.320, 570.335 to 570.360 is a misdemeanor.

 

      570.050 Cooperation of peace officers in enforcing quarantines. All peace officers in this state shall enforce all quarantine measures promulgated by the United States Department of Agriculture and the State Department of Agriculture.

 

      570.055 Disposition of fines. All fines imposed under ORS 570.990 for violation of any of the provisions of ORS 570.010 to 570.050 shall, when collected, be paid to the treasurer of the county where imposed, to be placed in the current expense fund of such county and to be used to assist in defraying the expenses of horticultural inspection.

 

INSPECTION AND QUARANTINE GENERALLY; ABATEMENT OF NUISANCES

 

      570.105 Definitions for ORS 570.110 to 570.190. As used in ORS 570.110 to 570.190, unless the context requires otherwise, “nursery stock” includes all trees, shrubs, vines, plants, cuttings, grafts, scions, buds, fruit pits, nuts and other seeds of fruit, forest and ornamental trees and shrubs, both deciduous and evergreen, grown for sale or propagation or planting or collected in the wild, and all flowering bulbs, corms, roots, rooted herbaceous plants, or cuttings used or to be used for ornamental purposes, or cut greenery either cultivated or collected in the wild, used for ornamental purposes, but does not include cut flowers, or such cut greenery as ferns, and foliage grown under glass or other artificial covering.

 

      570.110 Inspections and visitations by director and deputies. The Director of Agriculture, and such officers, employees and deputies as the director assigns to such duty, shall visit the different parts of the state and shall see that all regulations of the State Department of Agriculture and all provisions of law to prevent the introduction or spread of fruit pests and diseases of trees or plants injurious to the horticultural interests of the state are enforced. The director forthwith shall, upon the complaint of interested parties, inspect or cause to be inspected by some officer, employee or deputy of the department, orchards, nurseries and other places suspected to be infested with fruit pests or infected with diseases injurious to trees, plants or fruits.

 

      570.115 Quarantine establishment; revocation. (1) If upon report of any officer, employee or deputy of the State Department of Agriculture, the Director of Agriculture is of the opinion that any locality, district, orchard or place is infested with fruit pests or infected with disease injurious to trees, plants or fruits, and liable to spread to other orchards or localities to their damage or injury so as to be a public danger, the director shall, by an order entered in the records of the department, declare such place to be under quarantine. The director shall give notice thereof by posting a notice in writing in a conspicuous place upon the premises, specifying with convenient certainty what place or premises are under quarantine regulations and by delivering a copy of such notice to the owner or person in charge of the premises, if the owner or person in charge may be found thereon. Such place thereafter shall be subject to quarantine regulations of the department.

      (2) As soon as, in the opinion of the director the danger from such quarantine locality has ceased, the director may revoke the quarantine.

 

      570.120 Quarantine powers exercised only in emergencies. The powers conferred in ORS 570.110 and 570.115 shall be exercised only in great and imminent danger to the fruit interests of the state and with utmost caution and regard for the rights of individuals affected, consistent with the safety and welfare of the fruit interest of the whole state.

 

      570.125 Inspector of outgoing shipments. (1) Upon request of any nurseryman or tree dealer doing business within this state, the Director of Agriculture may deputize a suitable person to inspect outgoing shipments from such nurseryman or tree dealer. The nurseryman or tree dealer shall pay the person so deputized for services while they are required by such nurseryman or tree dealer.

      (2) In case the shipping business of any two or more nurserymen and tree dealers is not in the aggregate more than one person can inspect properly and such group makes satisfactory arrangements for payment of the person making such inspection, the director may deputize a person to inspect the shipment of all members of such group.

      (3) No person deputized by the director to inspect outgoing shipments of nursery stock shall make any certificate concerning such shipments which is not true. No person so deputized shall allow a certificate of inspection given by the person to be attached to any tree, shrub, vine, plant, scion, bud, or box, crate, bale, bundle or container of the same or of any of them unless the person personally has inspected the articles and all of them immediately before signing such certificate, which must be dated in writing at the time it is signed.

      (4) The director may revoke deputization of any such person at any time if the director believes such person is not properly doing the duty of the person.

 

      570.130 Shipments marked to indicate place of origin; must be free from pests and disease. When any shipment of nursery stock, fruits, vegetables, seed, nuts or field crops are brought into this state or shipped within the state they must have attached to the container the required permits, tags or markings of the state of origin, and must be free of injurious insect pests and diseases or their eggs, larvae or pupae or other pests.

 

      570.135 Premises may be entered for inspection. The officers, employees, deputies and inspectors of the State Department of Agriculture and the county horticultural inspectors and their deputies may enter at any time into any car, warehouse, depot, or upon any ship within the boundaries of this state, whether in the stream or at the dock, wharf, mole or any other place where such nursery stock or fruit or vegetables or seed or field crops or other such articles are received, or in which any of such articles are imported into the state, for the purpose of making the investigation or examination to ascertain whether such articles are infested with any injurious insects or their eggs, larvae or pupae or other plant pests or diseases.

 

      570.140 Infested or infected shipment; notice to shipper. When any shipment of nursery stock, fruits, vegetables, seed, nuts or field crops are found upon inspection to be infested with injurious insect pests or diseases or their eggs, larvae or pupae or other plant pests, the inspector shall give notice to the shipper of the pests or diseases found and the manner of disposition, as provided for in ORS 570.145 to 570.165.

 

      570.145 Procedure when infested or infected shipment can be separated. When, in the judgment of the inspector, materials not infested or infected can be separated from the infested or infected article without danger of escape from such article of the insects, their eggs, larvae or pupae, diseases or other plant pests and the owner, person, firm or corporation having control or possession of such articles desires to separate as instructed, the officer making the inspection shall give permission in writing to make such separation within a specified time and at the expense of the owner or responsible party who authorized the separation and under the supervision of such official or some person authorized by the inspector to exercise such supervision. Whenever the official who makes such inspection has other official work awaiting and it appears that the time required for separating and destroying such articles may exceed one hour, the official may authorize and deputize some proper person to supervise the separation of the infested or infected articles from the uninfested or uninfected articles and the destruction of the infested and infected articles. The person so authorized shall be paid by the owner or the party who authorized the separation, or by both, for services while supervising the separation and destruction of such articles.

 

      570.150 Procedure when infested or infected shipment can be treated. When, in the judgment of the inspector, all or part of a shipment can be treated to exterminate the plant pests or diseases, the owner or responsible agents of the owner shall be so notified. The notice shall include the exact method and materials to be used, and provide that all treatments shall be given under direct supervision of an authorized inspector and shall be done at the expense of the owner or the party who authorized such treatment or both.

 

      570.155 Disposition of shipment when neither separated nor treated. (1) When no provision is made by the inspecting official for disposition by separation or treatment, the notice provided for in ORS 570.140 will require that all condemned materials be promptly shipped out of the state within a specified time, the limit of which shall be not less than 48 hours nor more than 10 days, according to the nature of the insects or diseases. The owner or person in charge thereof shall so ship such articles, but such shipment shall be made under the direction of the officer making the inspection and shall be at the expense of the owner or agent of the owner.

      (2) If the owner or the agent of the owner fails to comply with the notice, the articles shall be destroyed by the officer at the expense of the owner or agent. In case the articles cannot be reshipped out of the state without danger of escape of the pest or disease to the orchards, vineyards, farms, gardens, ornamentals, and their products of Oregon, the articles shall immediately be destroyed by the inspecting official or the person who has inspected the same or under the direction of the official or person.

 

      570.160 Procedure when shipment is sound, but from infected or infested area. In case the shipment, although apparently sound and not infested or infected by any pests, is from an infested or infected district beyond the limits of this state, the inspector shall notify the owner or person in charge thereof, and shall require such owner or person to fumigate or sterilize such shipment, or to destroy or to treat such shipment in the manner directed by the inspector and under the supervision of the inspector or under the supervision of some person appointed by the inspector for that purpose, or to return it to the point of origin or ship out of the state.

 

      570.165 Service and sufficiency of notices provided for in ORS 570.140 to 570.165. Any notice required by ORS 570.140 to 570.165 must be delivered in person or sent by mail to the owner or person in charge of the infested or infected articles at the last-known place of address of the owner or person in charge. A notice mailed to the shipper or shippers of infested or infected articles at the return address on any such shipment of infested or infected articles is considered sufficient notice to the owner or owners thereof within the requirements of ORS 570.140 to 570.165. [Amended by 2005 c.22 §387]

 

      570.170 Department to make inspections; infected or infested matter declared public nuisance. The State Department of Agriculture, whenever it deems it necessary, shall cause an inspection to be made of any orchards, nurseries, trees, plants, vegetables, vines or field crops or any fruit packing house, storeroom, salesroom, or any other place or thing within this state. Any such places, orchards, nurseries, trees, plants, shrubs, vegetables, vines, fruit or field crops or articles found infested or infected with any insects, pests, diseases or fungous growth or noxious weeds, or the seeds thereof, injurious to fruits, plants, trees, vegetables or vines or grain, or other field crops, or with eggs or larvae liable to spread to other places or localities, or of such nature as to be a public danger, hereby are declared to be a public nuisance. The department shall notify in writing the record owner, or owners, of such articles, things or places that the same are so infested or infected.

 

      570.175 Procedure for abatement of public nuisance. (1) Whenever any public nuisance as described in ORS 570.170 exists at any place in the state on property of any owner upon whom notice has been served and who has failed or refused to abate such nuisance within the time and in the manner specified in such notice, or when any such nuisance exists on the property of a nonresident or on any property the owner of which cannot be served with notice in the manner provided in ORS 570.190, after diligent search within the county in which such nuisance exists, the State Department of Agriculture shall make a report to the district attorney of the county in which the nuisance exists, or if the nuisance exists on property which lies in two or more counties, to the district attorney of any of such counties, setting forth the description of the property upon which the nuisance exists and naming the pest or other condition which renders such property a nuisance. The district attorney shall prepare from such report and any other available information a petition to the circuit court of the county, signed in manner and form required for a complaint in a civil action, in which the property or premises sought to be declared a nuisance shall be described with reasonable certainty. The petition shall set forth the names of each owner, encumbrancer or other person interested in such property or premises so far as the same can be ascertained from the public records, and pray that the court enter an order declaring such premises or property a public nuisance and directing the abatement of such nuisance by destruction or otherwise.

      (2) Such action shall be brought in the name of the State of Oregon by the Director of Agriculture in the official capacity of director and shall proceed as an action not triable by right to a jury.

      (3) Service of summons shall be made in the manner provided for service of summons in a civil action; provided, that where service is had by publication, the period of publication required shall be shortened to once a week for two consecutive weeks, and such service by publication is deemed complete upon the expiration of 21 days from and after the date of the first publication of such notice. The person or persons so served by publication shall appear and answer within 31 days from the date of the first publication of such notice.

      (4) The court may, upon the application of any party, or upon its own motion, and for reasonable cause, adjourn the proceedings from time to time, and may order new or further notice to be given to any party whose interest may be affected.

      (5) At the time and place appointed for hearing the petition, or to which the hearing may have been adjourned, if the court has satisfactory proof that all parties interested in the property or premises have been duly served with notice as prescribed in this section, and further satisfied by competent proof that the conditions of such premises or property warrant its being declared a public nuisance, it shall enter an order condemning such property as a public nuisance and directing that the owner or other person ordered by the court shall destroy such property or abate such nuisance in such other manner as the court shall direct. If the nuisance is abated by any person other than the owner, then in the order of the court directing the abatement of the nuisance the court shall further order that an accurate account of the cost and expense necessary to the abatement be kept and a report made to the court within five days after the completion of the abatement of the nuisance. The report shall be in writing, verified by the one making it and shall be served and filed as a cost bill in a civil action. Objections to the statement, if any, shall be made, served, filed and determined as objections to a cost bill in a civil action. The judgment which orders the abatement of a nuisance shall also provide that the owner or owners of the property upon which the nuisance exists pay the expense of abating the nuisance, that it shall be a judgment lien on the property prior to all other liens and, if not paid within 60 days after the statement of expense is filed, execution may issue. [Amended by 1979 c.284 §174]

 

      570.180 Summary abatement of nuisance. Any authorized officer, employee or inspector of the State Department of Agriculture may, in any case where an urgent emergency exists, abate any public nuisance, as described in ORS 570.170, in a summary manner, doing as little damage as possible to the things or premises on which or in which such nuisance exists, with notice to the owner or owners sent by mail at or subsequent to the time of such abatement.

 

      570.185 Application of ORS 570.170 to 570.180 limited. The provisions of ORS 570.170 to 570.180 shall not be construed to apply to shipments of infested or infected articles mentioned in ORS 570.135.

 

      570.190 Notices; manner of service; persons authorized to make service; reputed owner considered owner. (1) All notices provided for in ORS 570.140 to 570.190 shall be served upon each owner of such infected or infested premises or chattel, or upon the owner of each, if such premises and chattel are under different ownership. Service shall be made in the following manner:

      (a) If such owners are individuals and can with reasonable diligence be found within the county where such infested or infected premises or chattel are, it shall be served upon such owners, or at least one of them, personally, by delivering a copy thereof certified to by the officer making the inspection.

      (b) If such owner is a corporation, by delivery of such certified copy to the president or other head of the corporation, secretary, cashier or managing agent, or in case none of the officers of such corporation can with reasonable diligence be found within such county, then to any clerk or agent of such corporation who may with reasonable diligence be found within such county; or if no such officer is found, then by mailing such copy to the principal office of such corporation or to any person authorized to accept legal service for said corporation.

      (c) If such owner is a minor under the age of 14 years, to such minor’s father, mother or guardian; or, if none is found within such county, then to any person having the care or control of such minor, or with whom the minor resides, or in whose service the minor is employed.

      (d) If such owner is a person judicially declared to be of unsound mind, or incapable of conducting the affairs of the person, and for whom a guardian has been appointed, on such guardian.

      (e) If any such owner is a resident of such county and personal service of such notice cannot, with diligence, be had, it may be made on some person of the family, above the age of 14 years, at the dwellinghouse or usual place of abode of the owner.

      (f) In case such notice cannot with reasonable diligence be served as provided in this section, such notice shall be posted by any person qualified to make personal service thereof in a conspicuous place on the infected or infested premises, or on the premises or conveyance containing the infected or infested chattel.

      (2) Such notice may be served by any representative of the State Department of Agriculture, or by a sheriff or deputies of the sheriff. The notice shall state the spray to be used or the treatment to be applied for the eradication of insect pests, their eggs, larvae, and contagious diseases and fungous growths. The treatment may include the destruction of infested or infected articles, if such destruction is necessary in the judgment of the person inspecting the same under the authority conferred by law.

      (3) For the purposes of ORS 570.130 to 570.190 any reputed owner shall be considered as the owner of any infected or infested premises or chattel.

 

      570.195 [Repealed by 1961 c.394 §1 (570.196 enacted in lieu of 570.195)]

 

      570.196 Certain barberry varieties declared nuisances; cultivation prohibited; permitted varieties. (1) Barberry (berberis spp.), and plants of the genera mahonia, except mahonia aquifolium (Oregon grape), and mahoberberis including all species and varieties, except immune or resistant varieties thereof as provided by subsection (3) of this section, are hosts of puccinia graminis, the black stem rust fungus of wheat and other small grains and grasses, and hereby are declared to be public nuisances. Authorized representatives of the State Department of Agriculture or of the county in which such plants are located, shall abate these nuisances without indemnity to the owner as provided by ORS 570.200.

      (2) No person shall grow, propagate, maintain, sell or transport within the State of Oregon, or bring into this state, any barberry (berberis spp.), and plants of the genera mahonia and mahoberberis including all species and varieties thereof, that have not been determined by the department to be immune to or resistant to the black stem rust fungus, puccinia graminis.

      (3) The department shall establish and maintain a list by regulation of the varieties of barberry (berberis spp.), and plants of the genera mahonia and mahoberberis including all species and varieties, that have been determined to be immune to, or resistant to the black stem rust fungus, puccinia graminis. In promulgating regulations as authorized by this subsection, the department may take into consideration but is not to be limited to:

      (a) The laws and regulations of the United States and other states.

      (b) The opinions and advice of persons, agencies, or organizations recognized as experienced in the identification or control of barberry, mahonia and mahoberberis.

      (c) Procedures necessary to control or eradicate such plants which are hosts of puccinia graminis, the black stem rust fungus, in order to prevent or eliminate substantial economic losses to the Oregon farmers and producers of small grains and grasses. [1961 c.394 §2 (enacted in lieu of 570.195)]

 

      570.200 Procedure for abatement of nuisance caused by certain barberry varieties. (1) Authorized representatives of the State Department of Agriculture, county agents and weed control districts supervisors of each county shall detect, control and destroy or cause to be destroyed barberry (berberis spp.), and plants of the genera mahonia and mahoberberis including all species and varieties, that have not been determined as provided by ORS 570.196 (3) to be immune to, or resistant to the black stem rust fungus, puccinia graminis.

      (2) Persons authorized by subsection (1) of this section shall forward a written notice to the owner, occupant or person in possession of the land on which such plant is located. Such notice shall contain:

      (a) The name of the plant growing on such land and its approximate location.

      (b) Concise description of the plant to be destroyed and the reasons such plants are declared to be a public nuisance.

      (c) A statement that such plant must be destroyed within 20 days from the date of notice and only in a manner and as directed by the department by regulation.

      (3) Each person owning or in possession of a plant ordered to be destroyed as provided by subsection (2) of this section, shall destroy such plant within the time and manner set out in such order.

      (4) If the owner, person in possession or the occupant of land on which such plant is located fails or refuses to destroy the plant as provided by order under subsection (2) of this section, the department or the county may go upon such land and destroy the plant without indemnity to the owner thereof. [1961 c.394 §4]

 

PROTECTIVE MEASURES AGAINST SPREAD OF DISEASE AND PESTS

 

      570.305 Department officials to prevent introduction of pests and diseases. The Director of Agriculture, and the chief of the division of plant industry, are authorized and directed to use such methods as may be necessary to prevent the introduction into the state of dangerous insect pests and plant diseases, and to apply methods necessary to prevent the spread, and to establish control and accomplish the eradication of such pests and diseases, which may seriously endanger agricultural and horticultural interests of the state, which may be established or may be introduced, whenever in their opinion such control or eradication is possible and practicable.

 

      570.310 Cooperation with interested groups and agencies. (1) The Director of Agriculture, and the chief of the division of plant industry, may cooperate with any group of citizens, municipalities and counties in the state, Oregon State University, the extension service, the Secretary of Agriculture of the United States, and such agencies as the director designates to carry out the provisions of this section and ORS 570.305.

      (2) The director, acting by and through the chief of the division of plant industry, may in the discretion of the director, provide funds, labor, materials and supplies for the purposes of this section and ORS 570.305.

 

      570.320 Horticultural inspectors to prevent introduction of diseased matter into state. It is the special duty of all officers, employees and deputies to whom the duty to act as horticultural inspectors is assigned, to inspect nursery stock, trees, shrubs, plants, fruits, bulbs and vegetables and other articles mentioned in ORS 570.320 to 570.330, coming from points within the state, and to enforce the provisions of ORS 570.320 to 570.330 and all other horticultural laws of the state relating thereto. Any such officer, employee or deputy of the State Department of Agriculture also shall have all the duties, powers and rights of a county horticultural inspector and are granted jurisdiction to act throughout the state.

 

      570.325 Collaboration with federal department. The officers, employees and inspectors of the State Department of Agriculture and county inspectors are authorized to collaborate with the United States Department of Agriculture in all matters relating to the inspection of nursery stock, plants, fruits, vegetables, bulbs, seeds or other plant products shipped into this state from foreign countries or from other states or territories.

 

      570.330 Containers and wrappers to be labeled. Each carload, case, box, package, crate, bundle, or bale of trees, shrubs, plants, vines, cuttings, grafts, scions, buds, fruit pits, fruit or vegetables imported or brought into this state shall have plainly and legibly marked thereon in a conspicuous manner and place, the name and address of the person, firm or corporation shipping the same and the name and address of the consignee; also the name of the country, state or territory where the contents were grown and must show that it contains nursery stock, seedlings or seeds.

 

      570.335 Prunings and cuttings to be burned. No person, firm or corporation owning or operating any nursery, fruit orchard of any kind, hopyards, flower gardens or ornamental trees shall throw any cuttings or prunings or parts of any fruit trees, nursery stock, ornamental trees, or hop vines into any public road, highway, lane, field or other enclosure, or into any watercourse of any kind; but shall destroy such cuttings or prunings or parts with fire within a reasonable time, except when infested or infected with a contagious pest or disease. Such infested or infected prunings, cuttings or parts shall immediately be destroyed by fire.

 

      570.345 Spraying or destroying infested or infected matter; notice; “infested” and “infected” defined. (1) Any person, firm or corporation owning or operating a nursery, a fruit orchard, a hopyard, a flower garden or ornamental trees, and knowing the nursery, fruit orchard, hopyard, flower garden or ornamental trees to be infested or infected with any kind of insect pest or disease that is or may become a menace to horticultural or farm crops, or on being served with a written notice by the State Department of Agriculture that such nursery, fruit orchard, hopyard, flower garden or ornamental trees are so infested or infected, shall immediately spray or destroy the nursery, fruit orchard, hopyard, flower garden or ornamental trees in such manner as the department directs.

      (2)(a) “Infested” means when the adult, egg or larvae form of the insect is found in such numbers as, in the opinion of the department, to be a menace to horticultural or farm crops.

      (b) “Infected” means any appearance of a disease on such trees or plants that may be a menace to horticultural or farm crops. [Amended by 2005 c.22 §388]

 

      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