2007 Oregon Code - Chapter 561 :: TITLE 46
TITLE 46
AGRICULTURE
Chapter 561. State Department of Agriculture
564. Wildflowers; Threatened or Endangered
Plants
565. Fairs and Exhibits
566. Extension and Field Work; Rural
Rehabilitation
567. Experiment Stations
568. Soil and Water Conservation; Water Quality
Management
570. Plants; Inspection, Quarantine,
571. Nurseries; Growers; Dealers; Christmas Tree
Growers
_______________
Chapter 561
State Department of Agriculture
2007 EDITION
STATE DEPARTMENT OF AGRICULTURE
AGRICULTURE
GENERAL PROVISIONS
561.005 Definitions
ORGANIZATION; GENERAL FUNCTIONS AND
ENFORCEMENT PROVISIONS
561.010 Department
created; director, appointment, confirmation and term
561.020 Responsibility
of department as to inspectional, regulatory and development work
561.030 Seal;
principal office; authority to acquire real property
561.040 Organization
561.050 Division
chiefs
561.060 Salaries
and bonds of employees
561.070 Assistants
and employees; appointment, classification and duties
561.075 Reports
to director; publications
561.110 Conferences
between director and division chiefs; action by director
561.144 Department
of Agriculture Service Fund; sources
561.150 Department
of Agriculture Account
561.155 Cash
and revolving fund
561.160 Approval
of vouchers required before withdrawing money from State Treasury
561.170 Prohibited
financial interests of officers or employees
561.177 Furnishing
lists of names and other information; fee
561.190 Rules
and regulations; publication; effect of violation
561.191 Program
and rules relating to water quality
561.192 Code
of regulations; compilation and publication
561.194 Distribution
of code of regulations
561.200 Prohibitions
against the obstruction of officers, agents or employees
561.220 Prohibitions
against altering or removing seal or similar marking used by department and
against selling products from used containers bearing such markings
561.230 Prohibition
against reusing, imitating or counterfeiting markings used by department
561.240 Contracts
and agreements with other agencies, governmental units and other persons;
payment and receipt of funds
561.250 Services
by department for commodity commissions, Oregon Beef Council and Oregon Wheat
Commission
561.255 Fees
for confined animal feeding operations
561.258 Regulation
of vermiculture
561.265 Inspecting
records of persons required to pay fees to department
561.275 Inspecting
premises and facilities of department licensees
561.279 Issuance
of subpoenas by department for investigations, audits and hearings
561.280 Enjoining
violations of law
561.290 Jurisdiction
over prosecutions
561.300 Unpaid
license fees; delinquent renewal penalty; notice required; collection procedure
561.303 Refund
of excess fees or penalties; conditions; refusal to refund
561.305 Issuance
of licenses; multiple activity license; refusal, revocation, suspension or
nonrenewal of license
561.315 Publication
of product test reports
561.362 Activities
of
561.364 Cooperation
with
561.366 Conferences
to coordinate work
561.372 State
Board of Agriculture created; member qualifications; terms
561.374 Compensation
and expenses; organization; meetings; quorum
561.376 Legislative
findings; State Board of Agriculture duties
561.378 State
Board of Agriculture report
561.395 Soil
and Water Conservation Commission; membership; compensation and expenses;
forfeiture of office; functions
561.400 Natural
Resources Division; duties; insurance for soil and water conservation districts
561.401 Disposition
of moneys collected by Natural Resources Division
561.403 Extended
stream bank erosion plans; division to assist in developing plans; requirements
561.407 Division
responsible for obtaining available financing for plans
FURNISHING SERVICES AND MATERIALS ON CREDIT
561.410 Departments
granting of credit; invoice; payment due date
561.430 Deposit
or bond to secure payment
561.450 Lien
QUARANTINE POWERS
561.510 Quarantines;
establishment by Director of Agriculture
561.520 Quarantine
areas; notice, hearing and orders
561.530 Quarantine
order; filing, posting and publication
561.540 Rules
and regulations governing quarantines
561.550 Removal
of quarantine
561.560 Emergency
quarantine; publication of notice; powers of Governor; duration
561.580 Cooperation
with
561.585 Publication
of summary of quarantine order or regulations
561.590 Violation
of quarantine prohibited
561.600 Procedure
for review of orders and regulations
SEIZURE, DETENTION AND EMBARGO POWERS
561.605 Detention,
seizure or embargo of agricultural products; labeling; notification
561.610 Request
for hearing; when held
561.615 Conduct
of hearing; action by department
561.620 Procedure
when products disposed of; salvage
561.625 When
hearing not required
561.630 Removing
or defacing seizure or embargo notice unlawful
STATE WEED BOARD
561.650 State
Weed Board; membership; terms
561.660 Compensation
of members
561.670 Officers;
quorum; meetings
561.680 Duties
of board
561.683 Implementation
of weed control effort improvement plan
INVASIVE SPECIES COUNCIL
561.685 Definition
of invasive species; Invasive Species Council duties
561.687 Invasive
Species Council; membership; terms
561.689 Officers;
quorum; schedule
561.691 Invasive
Species Coordinator; administrative expenses of Invasive Species Council
561.693 Advisory
and technical committees
561.695 Invasive
Species Council Account; trust account
NEW CROPS DEVELOPMENT BOARD
561.700 New
Crops Development Board; membership; terms; compensation and expenses
561.710 Officers;
quorum; meetings
561.720 Duties;
authority
561.730 Disposition
of moneys received
BIOPHARMACEUTICAL CROPS
561.738 Definitions
for ORS 561.738 and 561.740
561.740 Regulation
of biopharmaceutical crops; fees
ANHYDROUS AMMONIA
561.750 Definitions
for ORS 561.750 to 561.760
561.755 Certification
of dyes or other additives; rules
561.760 Anhydrous
Ammonia Additive Review Committee
PENALTIES
561.990 Penalties
561.995 Civil
penalties
GENERAL PROVISIONS
561.005
Definitions. As used in this
chapter, unless the context requires otherwise:
(1) Board means the State Board of
Agriculture.
(2) Department means the State
Department of Agriculture.
(3) Director means the Director of
Agriculture. [1959 c.639 §2]
ORGANIZATION;
GENERAL FUNCTIONS AND ENFORCEMENT PROVISIONS
561.010
Department created; director, appointment, confirmation and term. There is created a department of the
government of this state to be known as the State Department of Agriculture.
The executive officer of the department shall be the Director of Agriculture
who shall execute all matters pertaining to the department, subject to policy
direction by the State Board of Agriculture. The director shall be appointed by
the Governor, subject to confirmation by the Senate in the manner provided in
ORS 171.562 and 171.565, and shall serve during the pleasure of the Governor. [Amended
by 1959 c.639 §3; 1973 c.792 §24; 1977 c.198 §1]
561.020
Responsibility of department as to inspectional, regulatory and development
work. (1) The State
Department of Agriculture shall have full responsibility and authority for all
the inspectional, regulatory and market development work provided for under the
provisions of all statutes which the department is empowered and directed to
enforce.
(2) The department shall encourage and
work toward long-range planning to develop and promote the agricultural
resources of
(3) The Director of Agriculture shall
coordinate any activities of the department related to a watershed enhancement
project approved by the Oregon Watershed Enhancement Board under ORS 541.375
with activities of other cooperating state and federal agencies participating
in the project.
(4) The Director of Agriculture shall
conduct any activities of the department in a manner consistent with the goal
set forth in ORS 468B.155. [Amended by 1955 c.572 §8; 1959 c.639 §4; 1987 c.734
§15; 1989 c.833 §62]
561.030
Seal; principal office; authority to acquire real property. (1) The State Department of Agriculture
shall adopt an official seal. It shall maintain its principal office in the
state capital at
(2) The department may acquire and hold,
by purchase, agreement or donation, real property or any rights or interest
determined actually necessary by the department for:
(a) The grading and inspection of any
horticultural and agricultural products, or of any establishment or device used
in the production or processing of horticultural and agricultural products;
(b) The investigation and analysis of
horticultural and agricultural products, including laboratories and greenhouse
or field growing areas; and
(c) The storage and maintenance of
equipment, vehicles and supplies used by the department in carrying out any law
under its jurisdiction.
(3) The authority granted in subsection
(2) of this section does not extend to real property used or to be used as the
principal administrative office of the department.
(4) As used in this section horticultural
and agricultural products has the meaning for that term provided in ORS
632.900. [Amended by 1959 c.639 §5; 1981 c.63 §1]
561.040
Organization. Subject to
policy direction by the State Board of Agriculture, the Director of Agriculture
shall organize and reorganize the work of the State Department of Agriculture. [Amended
by 1955 c.572 §9; 1959 c.639 §6; 1977 c.198 §2]
561.050
Division chiefs. Subject to
any applicable provisions of the State Personnel Relations Law, the chiefs of
the divisions shall be appointed by the Director of Agriculture. [Amended by
1959 c.639 §7]
561.060
Salaries and bonds of employees. (1) The Director of Agriculture shall execute bonds to the State of
(2) Subject to any applicable provisions
of the State Personnel Relations Law, the chiefs of divisions and other
employees of the State Department of Agriculture shall receive such salaries
and wages as the director determines.
(3) The chiefs of divisions and other
employees of the department designated by the director shall execute bonds to
the state, conditioned upon the faithful performance of their duties, in such
amounts as the director determines. [Amended by 1959 c.639 §8]
561.070
Assistants and employees; appointment, classification and duties. (1) The Director of Agriculture may employ
veterinarians, chemists, bacteriologists and other experts, inspectors,
accountants, stenographers, clerks or other help necessary to carry out
efficiently the work of the State Department of Agriculture. The director may
assign duties and responsibilities to each officer and employee of the department.
(2) The director may at any time designate
or appoint any officer or employee of the department to act as assistant
director of agriculture and may terminate such designation or appointment at
any time, with or without cause. The assistant director of agriculture may
perform such duties of the director as may be prescribed by the director.
(3) If the director appoints any research
analysts pursuant to subsection (1) of this section, two of such research
analysts may be members of unclassified service as provided in ORS chapter 240.
[Amended by 1957 c.451 §1; 1967 c.208 §8]
561.075
Reports to director; publications. (1) The Director of Agriculture may call for such reports, statistics
and information as the director may desire, from time to time, from any
division chief or employee of the State Department of Agriculture.
(2) The director may, from time to time,
cause to be published and distributed to the public in pamphlet form, or such
other form as the director may deem best, such information as the director may
judge to be of assistance in carrying on any of the work or purposes for the
administration or for the carrying on of which the department is established.
(3) All printing of such reports,
pamphlets or other literature shall be done by the Oregon Department of
Administrative Services.
(4) Unless otherwise provided by law, the
State Department of Agriculture may establish charges for any publication
produced by it as authorized by subsection (2) of this section. Such charges
shall be in amounts sufficient to cover the costs of preparation, printing,
mailing and handling of each publication. [Formerly 561.180]
561.080 [Amended by 1987 c.734 §16; renumbered
561.362 in 2005]
561.090 [Renumbered 561.364 in 2005]
561.100 [Renumbered 561.366 in 2005]
561.110
Conferences between director and division chiefs; action by director. In conference with the chiefs of the
divisions there shall be full and free discussion of the agricultural policies
of the State Department of Agriculture, the administrative problems of
divisions, the coordination of the departmental activities and methods for
increasing the efficiency and reducing the cost of operation of the department.
On the basis of these conferences the Director of Agriculture may take such steps
as in the judgment of the director will increase the economy and efficiency of
the department. The director shall give especial attention to the full
utilization of stenographic, office and laboratory forces, automobiles and
other equipment. The director may require that deputies and other employees do
work for more than one division of the department and shall take such measures
as may be necessary to avoid duplication of costs of transportation and
maintenance.
561.120 [Repealed by 1959 c.639 §14]
561.130 [Amended by 1957 c.479 §1; 1959 c.639 §9;
1971 c.281 §1; 1977 c.198 §3; 2005 c.24 §3; renumbered 561.372 in 2005]
561.140 [Amended by 1957 c.479 §2; 1959 c.639 §10;
1967 c.208 §1; 1969 c.314 §64; 1971 c.281 §2; 1977 c.198 §4; 1995 c.79 §308; 2005
c.24 §4; renumbered 561.374 in 2005]
561.144
Department of Agriculture Service Fund; sources. (1) The State Treasurer shall establish a
Department of Agriculture Service Fund, which shall be a trust fund separate
and distinct from the General Fund. The State Department of Agriculture shall
deposit all license and service fees paid to it under the provisions of the
statutes identified in subsection (3) of this section in the Department of
Agriculture Service Fund. The State Treasurer is the custodian of this trust
fund, which shall be deposited by the treasurer in such depositories as are
authorized to receive deposits of the General Fund, and which may be invested
by the treasurer in the same manner as authorized by ORS 293.701 to 293.820.
(2) Interest received on deposits credited
to the Department of Agriculture Service Fund shall accrue to and become a part
of the Department of Agriculture Service Fund.
(3) The license and service fees subject
to this section are those described in ORS 561.400, 561.740, 570.710, 571.057,
571.063, 571.145, 583.004, 583.046, 583.445, 583.510, 583.610, 585.050,
586.270, 586.580, 586.650, 596.030, 596.100, 596.311, 599.235, 599.269,
599.406, 599.610, 601.040, 602.090, 603.025, 603.075, 616.706, 618.115,
618.136, 619.031, 621.072, 621.166, 621.266, 621.297, 621.335, 621.730,
622.080, 625.180, 628.240, 632.211, 632.425, 632.600, 632.720, 632.730,
632.741, 632.940, 632.945, 633.015, 633.029, 633.318, 633.362, 633.461,
633.471, 633.680, 633.700, 633.720, 634.016, 634.116, 634.122, 634.126,
634.132, 634.136, 634.212 and 635.030. [1979 c.499 §4; 1981 c.248 §21; 1982
s.s.1 c.4 §15; 1985 c.787 §7; 1987 c.905 §36; 1991 c.624 §2; 1993 c.720 §7;
1995 c.450 §6; 1997 c.410 §2; 2001 c.21 §6; 2001 c.914 §27; 2003 c.81 §13; 2007
c.71 §177; 2007 c.577 §3]
561.145 [1965 c.276 §1; repealed by 1979 c.499 §1]
561.150
Department of Agriculture Account. (1) All unexpended funds that are available to the State Department of
Agriculture for its use in carrying out its duties as prescribed by law and for
any other purpose shall be a part of the General Fund of the state and shall be
credited to a fund to be known as the Department of Agriculture Account except
for:
(a) Funds to be expended for the
extermination of predatory animals under the provisions of ORS chapter 610;
(b) Moneys received by the department from
the sale of skins of predatory animals as provided in ORS 610.040; and
(c) Moneys received by the department that
are subject to ORS 561.144.
(2) All appropriations, fines, fees, penalties
and other moneys received by the department or credited to its use from the
State Treasury, except the funds named in subsection (1)(a) and (b) of this
section and money required by law to be placed therein, shall be placed in the
General Fund and credited to the Department of Agriculture Account.
(3) All fines, fees, penalties and other
moneys received by the department shall be turned over to the State Treasurer
not later than the 10th day of the calendar month next succeeding their receipt
by the department.
(4) All moneys without respect to their
sources, credited to either the Department of Agriculture Account or the
Department of Agriculture Service Fund shall be available for the payment of
any and all the expenses of the department, excepting those incurred in
connection with the extermination of predatory animals.
(5) The Director of Agriculture shall keep
a record of all moneys deposited in the Department of Agriculture Account and
the Department of Agriculture Service Fund. Such record shall indicate the
source from which the moneys are derived and name the individual departmental
activity against which each withdrawal is charged. [Amended by 1979 c.499 §2;
1999 c.59 §176]
561.155
Cash and revolving fund. The
State Department of Agriculture shall establish a cash and revolving fund under
ORS 293.180, for the purpose of making immediate cash payments of travel and
subsistence advances authorized by ORS 292.280, salary advances authorized by
ORS 292.150 and other miscellaneous demand obligations authorized by law, in an
amount not to exceed $75,000 from moneys in the Department of Agriculture
Service Fund. [1959 c.682 §3; 1967 c.208 §2; 1973 c.275 §1; 1979 c.183 §1; 1985
c.623 §7]
561.160
Approval of vouchers required before withdrawing money from State Treasury. All moneys drawn from the State Treasury by
the State Department of Agriculture shall be drawn only after the approval of
vouchers by the Director of Agriculture or by some person in the department
authorized by the director to approve such vouchers, which authorization shall
be in writing and filed with the Secretary of State.
561.161 [1953 c.96 §1; repealed by 1959 c.682 §4]
561.163 [1953 c.96 §4; repealed by 1959 c.682 §4]
561.165 [1953 c.96 §2; repealed by 1959 c.682 §4]
561.167 [1953 c.96 §3; repealed by 1959 c.682 §4]
561.169 [1953 c.96 §5; repealed by 1959 c.682 §4]
561.170
Prohibited financial interests of officers or employees. It shall be unlawful for the Director of
Agriculture or any deputy or other employee of the State Department of
Agriculture to be interested directly or indirectly as owner, agent or
solicitor in the manufacture, purchase or sale of any article, commodity or
product over which the director, deputy or employee may have supervision in an
official capacity. It shall not be a violation of this section for the
director, any deputy or other employee to own, lease or operate a ranch or
farm. [Amended by 1959 c.229 §12; 1967 c.208 §9]
561.175 [1989 c.847 §9; 2001 c.248 §13; renumbered
561.255 in 2005]
561.177
Furnishing lists of names and other information; fee. The State Department of Agriculture may make
a reasonable charge to cover the actual cost of accumulating and furnishing a
list of names or other similar records which are by law declared to be public
writings or records. Moneys collected shall be placed in the General Fund,
credited to the Department of Agriculture Account and shall be available for
payment of all expenses of the department. [Formerly 561.260]
561.180 [Amended by 1969 c.131 §3; 1975 c.432 §2;
1975 c.605 §29; 2001 c.539 §14; renumbered 561.075 in 2005]
561.190
Rules and regulations; publication; effect of violation. The State Department of Agriculture is
authorized and directed to make any and all rules and regulations necessary for
the administration or enforcement of any law with the administration or
enforcement of which the department is charged, and not inconsistent with the
authority with which the department is vested or with any such law. Such rules
and regulations shall be compiled and printed in pamphlet form for
distribution. The violation of any rule or regulation made by the department
pursuant to this section shall be a violation of the law to which such rule or
regulation applies and shall be punishable in the manner provided for
violations of such law.
561.191
Program and rules relating to water quality. (1) The State Department of Agriculture shall develop and implement
any program or rules that directly regulate farming practices, as defined in
ORS 30.930, that are for the purpose of protecting water quality and that are
applicable to areas of the state designated as exclusive farm use zones under
ORS 215.203 or other agricultural lands in Oregon, including but not limited to
rules related to:
(a) Protection of the quality of surface
or ground water;
(b) Wellhead protection areas;
(c) Coastal zone management areas;
(d) Areas of ground water concern; and
(e) Ground water management areas.
(2) Any program or rules adopted by the
State Department of Agriculture under subsection (1) of this section shall be
designed to assure achievement and maintenance of water quality standards
adopted by the Environmental Quality Commission.
(3) If two or more state agencies are
required to adopt rules under ORS 468B.150 to 468B.190, the agencies:
(a) Shall consult with one another and
coordinate the rules; and
(b) May consolidate the rulemaking
proceedings.
(4) Nothing in this section is intended to
change or reduce the authority of the Water Resources Commission or the Water
Resources Department under ORS chapters 536 to 543. [1995 c.690 §6a]
Note: 561.191 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 561 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
561.192
Code of regulations; compilation and publication. (1) The State Department of Agriculture may
from time to time revise and compile, in a code of regulations, all rules and
regulations of a general character promulgated by the department.
(2) No substantive change may be made in
revising the rules and regulations unless the department complies with the
procedures required by law for the adoption or amendment of the particular rule
or regulation. However, changes that are not of a substantive nature may be
made without the procedures required by law for the adoption or amendment of
rules and regulations by the department.
(3) The department shall print, publish
and distribute the code of regulations in a convenient form. The code of
regulations as published is prima facie evidence of the current rules and
regulations of the department. [1955 c.76 §1; 1971 c.734 §26]
561.194
Distribution of code of regulations. (1) The State Department of Agriculture may distribute the code of
regulations published under ORS 561.192 free of charge to such state agencies
as are designated by the department.
(2) The department shall sell the other
copies at such prices as the department finds sufficient to recover the cost of
printing.
(3) All moneys received by the department
under this section, in addition to any other appropriation of funds available
for the purposes of ORS 561.192 and 561.194, hereby are continuously
appropriated to the department for the purpose of paying the cost of
publication of the code of regulations. [1955 c.76 §2]
561.200
Prohibitions against the obstruction of officers, agents or employees. (1) No person, firm or corporation shall
refuse to allow any authorized officer, agent or employee of the State
Department of Agriculture to enter upon the premises of the person, firm or
corporation or to inspect any books, records, plant, equipment, apparatus,
vehicles or any other thing or place of the person, firm or corporation which
it is such officers, agents or employees duty to inspect.
(2) No person, firm or corporation shall
refuse to produce books, records, apparatus and equipment for the inspection of
such officer, agent or employee upon demand, or refuse to allow samples to be
taken by such officer, agent or employee, when they are by law authorized so to
do.
(3) No person, firm or corporation shall
otherwise interfere with such officer, agent or employee in the lawful exercise
of duties, either by active or passive resistance or by refusal to cooperate in
every reasonable manner with the officer agent or employee in the carrying out
of lawful duties.
561.210 [Repealed by 1971 c.743 §432]
561.220
Prohibitions against altering or removing seal or similar marking used by
department and against selling products from used containers bearing such
markings. (1) Except as
hereafter provided in subsections (2) and (3) of this section, no person shall
alter, deface or remove any seal, sign, tag, stamp, placard, mark, brand or
similar object used by the State Department of Agriculture pursuant to any law
of this state.
(2) Subsection (1) of this section does
not apply to:
(a) Employees or agents of the State
Department of Agriculture engaged in the regular discharge of their duties.
(b) The alteration, defacement or removal
of markings on any type of food or other agricultural product in the normal
course of sale and distribution thereof.
(3) No person shall sell food or other
agricultural products in or from a used container bearing any of the markings
referred to in subsection (1) of this section unless such person first removes
or defaces such markings. [1955 c.11 §1]
561.230
Prohibition against reusing, imitating or counterfeiting markings used by
department. No person shall
reuse, imitate or counterfeit any seal, sign, tag, stamp, placard, mark, brand
or similar object used by the State Department of Agriculture pursuant to any
law of this state. [1955 c.11 §2]
561.240
Contracts and agreements with other agencies, governmental units and other
persons; payment and receipt of funds. (1) The State Department of Agriculture may enter into contracts and
agreements with, and receive funds from, any department or agency of the
(2) In the performance of services
required by any contract or agreement authorized by subsection (1) of this
section, public agencies that are parties to the contract or agreement shall
have the authority and powers of the department.
(3) Funds received by the department as
provided in subsection (1) of this section shall be deposited with the State
Treasurer. Such funds are continuously appropriated for the use of the
department in carrying out the purposes of the respective agreements,
contracts, state laws and Acts of Congress in relation to which the money is
received. [1957 c.478 §2; 1963 c.251 §1; 1967 c.437 §1; 1967 c.637 §§10, 10a;
1993 c.21 §1; 1995 c.79 §309; 2007 c.422 §1]
561.250
Services by department for commodity commissions,
(a) Provide centralized accounting, data
processing, data recording, clerical, secretarial, business management, office
and all other similar or related facilities and services. The department may
not provide executive secretary services.
(b) Provide and furnish office space,
telephone and other similar or related facilities and services.
(c) Provide for the collection and
receiving of assessment or other moneys due a commodity commission, the beef
council or the wheat commission. Any person authorized or required to pay an
assessment or other moneys to a commodity commission, the beef council or the
wheat commission shall, after notice, pay the moneys to the department in
behalf of and in the name of the commodity commission, beef council or wheat commission.
Moneys received by the department under this subsection shall be paid to the
appropriate commodity commission, the beef council or the wheat commission.
(2) A person authorized or required to
file a report or perform other actions with regard to a commodity commission,
the Oregon Beef Council or the Oregon Wheat Commission shall, after notice,
file the report or perform the action with regard to the department in behalf
of and in the name of the commodity commission, the beef council or the wheat
commission.
(3) Commodity commissions, the Oregon Beef
Council and the Oregon Wheat Commission shall pay for facilities or services
received under subsection (1) of this section. [1957 c.480 §§2,3,4; 1959 c.596 §69;
1959 c.685 §30; 2003 c.604 §103]
561.255
Fees for confined animal feeding operations. (1) The State Department of Agriculture by rule shall establish a
schedule of annual fees, not to exceed $25, to be paid under ORS 468B.215 by
any persons operating a confined animal feeding operation.
(2) As used in this section, confined
animal feeding operation has the meaning given that term in rules adopted by
the State Department of Agriculture. [Formerly 561.175]
561.258
Regulation of vermiculture.
(1) As used in this section, vermiculture means the commercial raising and
breeding of worms for use as bait or as an animal food protein source or to
produce castings.
(2) The practice of vermiculture is an
agricultural activity that is subject to regulation by the State Department of
Agriculture. Vermiculture products are subject to department regulation as
agricultural commodities or agricultural products. [2005 c.657 §1]
Note: 561.258 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 561 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
561.260 [1959 c.229 §8; renumbered 561.177 in 2005]
561.265
Inspecting records of persons required to pay fees to department. (1) The State Department of Agriculture upon
not less than three days notice in writing is authorized to inspect and audit,
during regular business hours, necessary and applicable books and records of
any person required by law to report or pay fees or moneys to the department.
Such inspection is for the purpose of determining whether proper fees have been
paid.
(2) Fees as used in this section
includes fees due the department by a person, each month, year, or other fixed
time or period, the amount of which is based upon the quantity, volume, weight
or other measurement of some article, product or commodity and such fees to be
used by the department in carrying out or enforcing a law under its
jurisdiction. Fees does not include a license fee, the exact amount of which
is fixed by law. [1961 c.425 §2; 1973 c.794 §26]
561.270 [1959 c.229 §7; repealed by 1965 c.448 §4]
561.275
Inspecting premises and facilities of department licensees. Insofar as it is necessary for the State
Department of Agriculture in the enforcement and carrying out of the laws under
its supervision or jurisdiction, the department may, during the normal business
hours of the business being inspected, inspect premises, machinery, equipment
and facilities of the places or businesses subject to or required to be
licensed under such laws. [1967 c.437 §5]
561.279
Issuance of subpoenas by department for investigations, audits and hearings. The State Department of Agriculture is
authorized to issue subpoenas to compel the attendance of witnesses and to
require the production of pertinent books, records and documents in:
(1) Conducting an investigation of a
matter with which the department specifically is charged with responsibility
and which seriously affects the health of persons or animals;
(2) Making an audit authorized or required
by ORS chapter 583; or
(3) Holding a hearing pursuant to the
provisions of ORS chapter 183. [1967 c.437 §6; 2003 c.14 §349]
561.280
Enjoining violations of law.
In addition to the other remedies provided by law, the State Department of
Agriculture may apply to the circuit court for, and such court shall have
jurisdiction upon a summary hearing and for cause shown to grant, a temporary
or permanent injunction restraining any person from violating any provision of
a law under the jurisdiction of the department. [1959 c.229 §9]
561.290
Jurisdiction over prosecutions.
Justice courts have concurrent jurisdiction with circuit courts of all
prosecutions arising under any law under the jurisdiction of the State
Department of Agriculture. [1959 c.229 §10]
561.300
Unpaid license fees; delinquent renewal penalty; notice required; collection
procedure. (1) The State
Department of Agriculture may collect a delinquent renewal penalty for any
license fee required by law under the jurisdiction of the department if the
licensee has failed to renew the license before the 60th day after the license
expiration date. All delinquent renewal penalties collected under this section
shall be deposited in the same account as the corresponding license fee. The
department shall collect the following delinquent renewal penalties:
(a) For license fees $100 or less, $30 or
the amount of the license fee, whichever amount is less.
(b) For license fees greater than $100, 30
percent of the amount of the license fee or $750, whichever amount is less.
(2) Any unpaid license fee and delinquent
renewal penalty required by law under the jurisdiction of the department for a
prior licensing period or year continues to be owing to the department. Before
taking any action or procedure against a person who should have paid a prior
license fee, the department shall forward a written notice to the person by
certified mail at the last-known address of the person on the records of the
department advising of the amount owing. The notice shall give such person 20
days after the mailing date to pay the amount due or to present written or oral
information or argument as to why the person believes the license fee is not
owing. If after such period the department is of the opinion the license fee
for the prior period is owing, it may then initiate such actions or procedures
authorized under the applicable licensing law to collect the amount due.
(3) The provisions of subsection (2) of
this section do not apply to a statute under the jurisdiction of the department
if specific provisions cover collection of unpaid license fees thereunder. [1967
c.437 §4; 1993 c.536 §1]
561.303
Refund of excess fees or penalties; conditions; refusal to refund. (1) Notwithstanding the provisions of ORS
293.445 (2), the State Department of Agriculture may, upon application
therefor, make refunds and determine that moneys received by the department are
not due or are in excess of amounts due as fees or penalties relating to the
issuance or renewal of licenses, permits, registrations or certificates under
its jurisdiction, whenever:
(a) The amount received is in excess of
the prescribed fee or penalty;
(b) The applicant has not or will not
engage in the activity requiring the license, permit, registration or
certificate or use the license, permit, registration or certificate during the
time period requiring the license, permit, registration or certificate, and
has:
(A) Died, or otherwise involuntarily
become incapable of engaging in such activity; or
(B) Applied for a license, permit,
registration or certificate under a mistake of fact as to the need therefor; or
(c) The applicant, as a condition to the
issuance of a license, permit, registration or certificate, is required to meet
certain personal qualifications, submit a bond, insurance certificate or other
indemnity document to the department, or submit to a departmental examination,
and due to causes beyond the control of the applicant cannot do so.
(2) The department may refuse refunds and
determine that moneys received by the department are due as fees or penalties
relating to the issuance or renewal of licenses, permits, registrations or
certificates under its jurisdiction whenever:
(a) The applicant, as a condition to the
issuance of a license, permit, registration or certificate, is required to
submit to a departmental examination, analysis or inspection, and fails to
voluntarily submit, complete or satisfactorily pass the examination, analysis
or inspection;
(b) The applicant voluntarily determines
not to engage in the activity requiring the license, permit, registration or
certificate;
(c) The applicant has engaged in the
activity requiring a license, permit, registration or certificate without
having obtained a license, permit, registration or certificate, whether or not
the applicant thereafter qualified under any of the provisions of subsection
(1) of this section;
(d) Other than costs of clerical
processing of the application, the department has incurred costs for services
performed in connection with the license, permit, registration or certificate,
or application therefor;
(e) The moneys subject to refund in
accordance with the provisions of subsection (1) of this section are less than
$5; or
(f) The application for refund is not
submitted to the department during the time period of the license, permit,
registration or certificate. [1975 c.758 §2; 2005 c.22 §382]
561.305
Issuance of licenses; multiple activity license; refusal, revocation,
suspension or nonrenewal of license. (1) In order to simplify and expedite the issuance of licenses by the
State Department of Agriculture, whenever practical and reasonable the
department may accept a single application and issue a single license covering
multiple activities of a single applicant that are required to be licensed by
the department.
(2) The department may refuse to issue,
refuse to renew, revoke or suspend any license or application for license
issued or which may be issued pursuant to any law under its jurisdiction where
it finds that the licensee has violated any provision of such law or
regulations promulgated thereunder. If a single license is issued covering
multiple activities, the department may refuse to issue, refuse to renew,
revoke or suspend the license for any single activity covered by the license
without affecting other activities covered by the license. [1959 c.229 §11;
1985 c.353 §1]
561.310 [Repealed by 1961 c.425 §20]
561.315
Publication of product test reports. (1) For the purpose of this section:
(a) Product means any animal,
agricultural product or commodity, or any article of human or animal food,
chemical or other matter that is under the supervision or jurisdiction of the
State Department of Agriculture.
(b) Test means an analytical, chemical
or microbiological test, or any other similar test or analysis performed by the
department laboratories.
(2) Unless otherwise specifically provided
by law, the department at least quarterly shall publish or distribute
information, statistics, reports or the results of its tests of products, which
show a violation of or noncompliance with a law, standard or regulation.
(3) The department shall make available a
copy of the results of any test performed on a product to the owner or the
person in possession of the tested product. [1969 c.131 §2]
561.320 [Repealed by 1961 c.425 §20]
561.330 [Repealed by 1961 c.425 §20]
561.340 [Repealed by 1961 c.425 §20]
561.350 [Repealed by 1961 c.425 §20]
561.360 [Repealed by 1961 c.425 §20]
561.362
Activities of
(1) For resident instruction in all
branches of agriculture.
(2) For research and experimentation in
all branches and phases of agriculture as set forth in federal and state laws
creating, maintaining and defining the work of the agricultural experiment
stations.
(3) For educational and demonstrational
work in all branches and phases of agriculture under authority of all federal
and state laws creating, maintaining and defining the work of the Agricultural
Extension Service.
(4) For collection and dissemination of
statistical information bearing upon crop and market conditions and trends of
agricultural production, including agricultural outlook reports and market news
reports.
(5) To conduct educational work in the
field of marketing, which includes information, advice and assistance relative
to organizing and operating cooperative associations and marketing agencies, in
accordance with the division of functions set forth in this chapter.
(6) For coordinating any activities of the
agricultural extension service related to a watershed enhancement project
approved by the Oregon Watershed Enhancement Board under ORS 541.375 with
activities of other cooperating state and federal agencies participating in the
project. [Formerly 561.080]
561.364
Cooperation with
(1) In order
to eliminate unnecessary duplication of effort and expense, there shall be the
fullest cooperation between
(2) If, in the interest of economy and
efficiency, either temporary or permanent, it appears advisable to have any of
the laboratory or statistical work of the department performed by Oregon State
University, the Director of Agriculture and the director of the experiment
station shall work out a cooperative plan of operation and shall agree upon
such a division of the funds available for such work as may meet with the
approval of the Governor and the State Board of Higher Education. [Formerly
561.090]
561.366
Conferences to coordinate work.
The Director of Agriculture, the director of the agricultural experiment station
and the director of the agricultural extension service of Oregon State
University shall meet in conference at such times as may be necessary to
eliminate any causes of overlapping and friction which may arise in connection
with the conduct of their work; and they are authorized to invite
representatives of collaborating federal agencies to participate in such
conferences. [Formerly 561.100]
561.370 [Repealed by 1961 c.425 §20]
561.372
State Board of Agriculture created; member qualifications; terms. (1) In order that there may be the closest
correspondence between State Department of Agriculture policies and programs,
the public interests and the resolution of practical agricultural problems of
the state, there is created the State Board of Agriculture.
(2) The Director of Agriculture, the Dean
of the College of Agricultural Sciences of Oregon State University and the
chairperson of the Soil and Water Conservation Commission shall serve as ex
officio members of the board. The director and the dean shall be nonvoting
members. The director shall act as secretary of the board. The dean may appoint
a person to represent the dean on the board.
(3) The Governor shall appoint nine
members to the board. The members appointed to the board must be residents of
(4) The term of each member appointed to
the board is four years. A member shall continue to serve until a successor is
appointed and qualifies. Before a members term expires, the Governor shall
appoint a successor. If a vacancy occurs, the Governor shall appoint a person
to complete the remainder of the unexpired term.
(5) A person who serves two consecutive
terms on the board is not eligible for appointment to another term on the board
until at least one year after the expiration of the second consecutive term.
(6) The Governor shall appoint two board
members who are not actively involved in the agricultural industry to be
representatives of the public interests. The Governor shall appoint seven board
members who are actively engaged in the production of agricultural commodities.
The Governor shall seek to ensure that the appointed board members who produce
agricultural commodities reflect the diverse nature of agricultural commodity
production within the state. [Formerly 561.130]
561.374
Compensation and expenses; organization; meetings; quorum. (1) Each member of the State Board of
Agriculture may receive compensation and expenses as provided in ORS 292.495,
payable from moneys appropriated or otherwise made available to the board.
(2) The board shall select a chairperson
from among its voting members.
(3) The board shall meet once during each
calendar quarter at a time and place determined by the chairperson. The board
may hold additional meetings at times and places determined by the chairperson
or the Director of Agriculture, or as requested by five or more members. A
majority of the voting board members constitutes a quorum. An act by a majority
of a quorum is an official act of the board.
(4) By arrangement with the chairperson,
the Director of Agriculture shall review with the board the activities of the
State Department of Agriculture and, subject to policy direction by the board,
outline the methods, policies and program of work for the department. [Formerly
561.140]
561.376
Legislative findings; State Board of Agriculture duties. (1) The Legislative Assembly finds and
declares that:
(a) Agriculture is an important component
of the state economy; and
(b) The sustainability of natural
resources in the state greatly affects the well-being of the residents of the
state.
(2) The State Board of Agriculture shall
advise the State Department of Agriculture regarding the implementation,
administration and enforcement of department programs and the development of
department policies designed to positively affect the agricultural industry in this
state, including but not limited to programs and policies to:
(a) Address the continuing changes and
adjustments in agricultural industries.
(b) Foster the natural resources of the
state to provide ample opportunities for productive and beneficial agricultural
enterprise.
(c) Guide the department in ensuring the
viability of the agricultural industry in this state. [2005 c.24 §1]
Note: 561.376 and 561.378 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
561 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
561.378
State Board of Agriculture report. The State Board of Agriculture shall report as provided in ORS 192.230
to 192.250 on a biennial basis to the Governor and the Legislative Assembly
regarding the status of the agricultural industry in this state. [2005 c.24 §2]
Note: See note under 561.376.
561.380 [Repealed by 1961 c.425 §20]
561.390 [Repealed by 1961 c.425 §20]
561.395
Soil and Water Conservation Commission; membership; compensation and expenses;
forfeiture of office; functions. (1) In order that there may be the closest contact between the State
Department of Agriculture and the various soil and water conservation districts
in the state, and in order to keep the department advised as to matters of soil
and water conservation in the state, there is created a Soil and Water
Conservation Commission which shall consist of seven members appointed by the
Director of Agriculture.
(2) Each member shall be a citizen of this
state and a director of a soil and water conservation district at the time of
appointment. As far as practicable, the Director of Agriculture shall make
appointments so that geographic areas of the state are represented on the
commission. The term of each member shall be four years. A member shall
continue to serve until a successor is appointed and qualified. Vacancies in
office shall be filled by appointment for the unexpired term.
(3) The members shall be entitled to
compensation as provided in ORS 292.495. At the first meeting after July 1 of
each year the commission shall select a chairperson. The commission shall meet
at least four times each year on a quarterly basis, and otherwise at the call
of the chairperson or the Director of Agriculture. A majority of the members
shall constitute a quorum, and a majority vote of the quorum at any meeting
shall constitute an official act of the commission.
(4) Any member of the commission who fails
to attend three consecutive meetings of the commission, whether regular,
adjourned or special, shall forfeit the office unless the member is prevented
from attending by the serious illness of the member or the members family or
for any other cause that in the judgment of the director constitutes a valid
reason for failing to attend. The director shall immediately appoint a
successor.
(5) The function of the commission is to
advise and develop policy with the department in the administration of its
duties and powers under ORS 561.400, 568.210 to 568.808 and 568.900 to 568.933.
[1981 c.92 §2; 2005 c.24 §5]
561.400
Natural Resources Division; duties; insurance for soil and water conservation
districts. (1) There is
established within the State Department of Agriculture a Natural Resources
Division which shall have the duties and powers conferred by subsection (2) of
this section, by ORS 568.210 to 568.808 and 568.900 to 568.933 and by the
Director of Agriculture. The administrator of the division shall be appointed
by the director under ORS 561.050 after consultation with the Soil and Water
Conservation Commission.
(2) In addition to other duties and
powers, the division is authorized:
(a) To review and approve or disapprove
all projects, practices, budgets, contracts or regulations of soil and water
conservation districts organized under ORS 568.300 to 568.790;
(b) To keep the directors of the soil and
water conservation districts informed of the activities and experiences of
other districts, to assist in the interchange of advice and information among
the districts, and to promote cooperation among the districts;
(c) To coordinate, as much as possible,
the various programs of the soil and water conservation districts;
(d) To solicit the cooperation and
assistance of any department or agency of the
(e) To disseminate information concerning
the activities and programs of soil and water conservation districts and
encourage formation of such districts in areas where they would be desirable
and feasible;
(f) To receive, from any source,
materials, machinery and equipment and to transfer such to any soil and water
conservation district under terms and conditions deemed appropriate, including
payment by the district for costs of delivery or use;
(g) To receive from any public or private
source, donations, gifts and grants for the furtherance of soil and water
conservation, the provisions of ORS 568.225 or the protection of natural
resources affecting agriculture, which moneys are continuously appropriated to
the department for the administration of the Natural Resources Division and
functions related thereto and for furnishing support and financial assistance
for the projects and activities of soil and water conservation districts or
other projects and activities relating to natural resources affecting
agriculture or consistent with ORS 568.225;
(h) To establish the procedures for
developing and implementing extended stream bank erosion plans under ORS
561.403;
(i) To review and evaluate documents and
proposals of the federal government, agencies of the State of Oregon, counties,
cities, other governmental bodies or subdivisions thereof relating to natural
resources affecting agriculture or consistent with ORS 568.225; and
(j) To conduct research in and assist in
the development of agricultural management procedures and practices relating to
natural resources for the prevention of soil erosion, water contamination and
air pollution or for the enhancement of water quality and quantity and air
quality.
(3) The administrator of the division
shall coordinate any activities of the Natural Resources Division related to a
watershed enhancement project approved by the Oregon Watershed Enhancement
Board under ORS 541.375 with activities of other cooperating state and federal
agencies participating in the project.
(4) In addition to or in lieu of the
coverage provided pursuant to ORS 30.282 (4), the Oregon Department of
Administrative Services may provide to soil and water conservation districts
and their officers, employees and agents acting within the scope of their
employment or duties, protection against liability as part of the insurance
provided to the State Department of Agriculture pursuant to ORS 278.120 to
278.215. The Oregon Department of Administrative Services shall determine any
additional contributions to be apportioned to the State Department of
Agriculture under ORS 278.110 for extending insurance to soil and water
conservation districts, and the State Department of Agriculture shall pay the
assessments from such moneys as may be available therefor. [1981 c.92 §3; 1985
c.40 §4; 1985 c.667 §4; 1987 c.158 §119; 1987 c.734 §17; 1989 c.343 §1; 2005
c.175 §5; 2007 c.799 §6]
561.401
Disposition of moneys collected by Natural Resources Division. All moneys received by the Natural Resources
Division under ORS 561.400 shall be paid to the State Treasurer and credited to
the Department of Agriculture Service Fund established by ORS 561.144. All such
moneys are continuously appropriated to the State Department of Agriculture to
carry out ORS 561.400. [1991 c.624 §4]
561.403
Extended stream bank erosion plans; division to assist in developing plans;
requirements. (1) Upon the
request of any soil and water conservation district, flood control district or
municipality, the Natural Resources Division of the State Department of
Agriculture shall cooperate with the requester to develop an extended stream
bank erosion plan.
(2) An extended stream bank erosion plan
shall provide for the best methods of erosion control for an extended section
of stream that affects all the parties that have requested the divisions
assistance in developing the plan.
(3) In developing an extended stream bank
erosion plan, the division shall cooperate extensively with all persons or
entities interested in or affected by the erosion of the stream bank, including
but not limited to landowners, persons who occupy the land adjacent to the
stream, flood control districts, soil and water conservation districts,
municipalities and other local government units. [1985 c.667 §2]
561.407
Division responsible for obtaining available financing for plans. After completing an extended stream bank
erosion plan under ORS 561.403, the Natural Resources Division, on behalf of
the parties that developed the plan, shall be responsible for obtaining all
available federal funding and other assistance necessary to implement the
extended stream bank erosion plan. [1985 c.667 §3]
FURNISHING
SERVICES AND MATERIALS ON CREDIT
561.410
Departments granting of credit; invoice; payment due date. (1) The State Department of Agriculture may
grant credit for services and materials furnished pursuant to the laws
administered by the department.
(2) The department shall prepare an
itemized invoice of the services and materials furnished by the department and
send the invoice to the person responsible for payment. The amount owing by the
person is due and payable to the department on or before the 30th day after the
date of the invoice. [1959 c.229 §2; 1963 c.373 §1; 2003 c.641 §1]
561.420 [1959 c.229 §3; repealed by 1963 c.373 §2]
561.430
Deposit or bond to secure payment. (1) The State Department of Agriculture may require any person to whom
it has furnished or may furnish services or materials on credit to deposit and
keep on deposit with the department a sum equal to an amount which the
department estimates may be due for services or materials to be rendered for a
period of three months.
(2) The department may, in lieu of such
deposit, accept a bond to secure payment for services or materials to be
furnished. The deposit or posting of the bond shall not relieve the person from
making payments as required by law or by ORS 561.410.
(3) If such person files a written
statement with the department that services or materials of the department are
no longer required, the department, upon receipt of all payments due, shall
refund to the person all deposits remaining to the persons credit and shall
cancel any bond given under this section. [1959 c.229 §5]
561.440 [1959 c.229 §4; repealed by 1961 c.425 §20]
561.450
Lien. (1) A lien hereby is
created in favor of the State Department of Agriculture upon all real and
personal property belonging to any person who fails to pay the department for
services or materials furnished within 60 days after the due date in a sum
equal to the amount due.
(2) The lien, which shall be valid until
paid in full, attaches upon the filing of a Notice of Claim of Lien with the
county clerk of the county in which the property is located. The notice of lien
claim shall contain a true statement of the amount due. The county clerk shall
record the claim of lien and shall receive the same fees as are allowed by law
for recording other lien instruments.
(3) The lien created by this section may
be foreclosed in the circuit court in the same manner provided by law for the
foreclosure of other liens on real or personal property.
(4) The lien created by this section is
prior to all liens and encumbrances recorded subsequent to the filing of claim
of lien, except taxes and labor liens. [1959 c.229 §6; 1961 c.425 §3]
QUARANTINE
POWERS
561.510
Quarantines; establishment by Director of Agriculture. Whenever, in the opinion of the Director of
Agriculture any animals, fowls, bees, fruits, vegetables, plants, parts of
plants or seeds within any area or section are diseased or infected with any
infestation, or any area or section is infested with any kind of weed, which
disease, infestation or weed is liable to spread and become detrimental to the
plant or animal life of this state or is liable to injuriously affect the
health of citizens of the state, with reference to any of which the Secretary
of Agriculture of the United States has not determined that a quarantine is
necessary and established a quarantine, the director is authorized, with the
consent of the Governor, to declare a quarantine against the movement of any
such animals, fowls, bees, fruits, vegetables, plants, parts of plants or
seeds, or against the movement of any articles which may contain such weeds or
the seeds thereof, or which may be liable to spread such disease or infestation
into the state, if such area or section be outside the boundaries of this
state, or against the movement from such area or section of such animals, bees,
fowls, fruits, vegetables, plants, parts of plants or seeds, or against the
movement within the state of articles liable to spread such weeds or weed
seeds, or which may be liable to spread such disease or infestation, if such
area or section is within the state.
561.520
Quarantine areas; notice, hearing and orders. (1) Before the Director of Agriculture declares a quarantine relating
to any area or section within the state, the director shall, if the quarantine
involves the control, eradication or destruction of any disease, infestation or
weeds within the area, file a copy of the proposed order of quarantine and a
copy of any rules and regulations in connection with the quarantine in the
office of the county clerk of the county in which the area is situated, or a
copy thereof in the office of the county clerk of each of the several counties
included in the area or within which a part of the area is located, and shall
publish the order as provided by ORS 561.585 in a newspaper of general
circulation in the area sought to be quarantined. The director, in the
publication, shall give notice that a hearing will be held by the State
Department of Agriculture for the consideration of remonstrances against the
proposed quarantine:
(a) At the courthouse in the county seat
in the county in which the area is proposed to be created; or
(b) At a courthouse in one of the counties
in each congressional district in which the area is proposed to be created, if
the area includes more than one county in the congressional district.
(2) A hearing under subsection (1) of this
section may not be held less than 15 days or more than 30 days from the date of
publication of the notice.
(3) If no remonstrances are presented at
the hearing or hearings, or if the remonstrances presented are deemed by the
director to be without merit or insufficient, the director shall make the order
of quarantine as proposed. However, if the director is of the opinion that any
change or changes in the proposed quarantine order, or in the rules and
regulations in connection therewith, should be made, the director may, in the
discretion of the director, alter, amend or revoke the proposed order of
quarantine or the rule or regulation.
(4) An order of quarantine shall be filed
and published as authorized by ORS 561.585. Proof of publication of the notice
of hearing or hearings shall be filed with the county clerk of each county
within which the quarantine area or a part thereof is situated.
(5) Orders relating to the quarantine of
areas located outside of Oregon or of the movement of animals, fowls, bees,
fruits, vegetables, plants, parts of plants or seeds, or of the movement of any
article that may contain weeds or seeds or other materials that may be liable
to spread disease or infestation into Oregon, as provided by ORS 561.510 or
561.560, may not be promulgated until at least one public hearing has been held
within the state. If an emergency exists and postponement of the effective date
would result in serious prejudice to the public interest, or the interest,
health or economy of the parties directly or indirectly affected thereby, the
quarantine may be made effective immediately as authorized by ORS 183.355
(2)(b). [Amended by 1961 c.118 §1; 1971 c.734 §27; 2005 c.22 §383]
561.530
Quarantine order; filing, posting and publication. (1) Whenever a quarantine of any kind or
nature is declared pursuant to any law with the administration of which law the
State Department of Agriculture is charged, such quarantine shall be declared
by written order signed by the Director of Agriculture and containing the
approval of the Governor over the Governors signature. The order shall be
filed in the department.
(2) If the quarantine is on area or areas
within this state, two copies thereof certified by the director, together with
two copies of the rules and regulations governing such quarantine, shall be
delivered to the county clerk of each county included in or within which any
quarantined area or part thereof is situated.
(3) It shall be the duty of the county
clerk immediately to post one each of such copies in a conspicuous place in the
county courthouse and to file one each of such copies in the county records.
Any such order of quarantine shall give notice of the date that such quarantine
takes effect, which shall be not less than 10 nor more than 30 days from the
date of the first publication thereof.
(4) The order of quarantine, together with
any rules and regulations governing the same, shall be published at least once
in some publication of general circulation throughout the state.
561.540
Rules and regulations governing quarantines. (1) A quarantine authorized by ORS 561.510 shall be subject to such
rules and regulations as the Director of Agriculture deems necessary for the
protection of the public welfare.
(2) The movement of any animals, bees,
fruits, vegetables, plants, parts of plants, fowls, seeds or articles liable to
contain weeds or weed seeds or to spread disease or infestation, which are
subject to quarantine, may be permitted subject to such regulations as the
director may prescribe.
(3) Any such diseased or infested animals,
fowls, bees, fruits, vegetables, plants, parts of plants, seeds, weeds, weed
seeds and any articles, structures or lands within any quarantine area or
section within this state shall be subject to such regulations for the
eradication of such disease, infestation or weeds as the director may
prescribe.
561.550
Removal of quarantine. (1)
When in the opinion of the Director of Agriculture any quarantine authorized by
ORS 561.510 is no longer necessary to protect the public welfare of the state,
the director may by written order, approved in writing by the Governor, declare
such quarantine removed.
(2) Whenever a quarantine of any kind or
nature, declared pursuant to any law with the administration of which the State
Department of Agriculture is charged, is removed, the fact of its removal shall
be published and filed in the same manner as the order declaring the
quarantine.
561.560
Emergency quarantine; publication of notice; powers of Governor; duration. (1) Notwithstanding ORS chapter 183,
whenever the Director of Agriculture determines the fact that a dangerous
plant, animal, fowl or bee disease or insect infestation new to, or not
theretofore widely prevalent or distributed within and throughout the state,
exists in any state, territory, country or locality outside of this state, or
in any locality within this state, which disease or infestation is of such
nature that it will be impossible to follow the procedure provided for in ORS
561.510 to 561.530 without serious danger of the wide spread within the state
of such disease or infestation during the time required by such procedure, the
director is authorized and directed to declare, by written order, a quarantine
against the movement into or within the state from such state, territory,
country or locality, of any plants, animals, fowls, bees or articles which are
liable to spread such disease or infestation. A written order may be amended as
the director determines is necessary. A written order and any subsequent
amendments thereto shall be signed by the director.
(2) The director shall file all quarantine
orders and any amendments thereto with the Secretary of State and shall publish
a notice of such quarantine and of any amendments to a quarantine order in a
newspaper of general circulation throughout the state. The director shall take
such other action as the director considers reasonable to insure that persons
affected by a quarantine have knowledge thereof. From and after the filing of a
quarantine order, or amendment thereto, with the Secretary of State it shall be
unlawful for any person, firm or corporation to carry, move or transport any
plants, animals, fowls, bees or articles specified in a quarantine order, or
amendment thereto, from the quarantined area into or through any part of the
state, except as provided in the order, or amendment thereto. Proofs of the
publication of the notices provided for in this section shall be filed in the office
of the State Department of Agriculture.
(3) No such emergency quarantine, as
provided for in this section, shall be effective for more than 90 days after
the date of the first publication of notice thereof. However, a quarantine for
a longer period may be declared under the provisions of ORS 561.510 to 561.550,
to take effect at or before the expiration of such 90-day period.
(4) The Governor by filing an order with
the Secretary of State may terminate such department order. Thereafter and
relating only to that particular subject matter and emergency, the department
shall be required to obtain the approval of the Governor before any additional
quarantine or amendments thereto are issued under this statute. [Amended by
1969 c.150 §1; 1971 c.734 §85]
561.570 [Renumbered 561.810]
561.580
Cooperation with
(2) The Director of Agriculture shall
suggest to the Governor, from time to time, any changes in the laws of this
state or any additional laws which will tend to unify the quarantine laws of
the United States and this and other states of the United States.
(3) Whenever the director deems it to be
of advantage toward carrying out the purpose of this section, the director may
forward to the United States Department of Agriculture copies of proposed rules
and regulations to govern quarantines in this state and request suggestions
from the United States Department of Agriculture tending toward uniform
provisions governing quarantines throughout the several states.
561.585
Publication of summary of quarantine order or regulations. When the State Department of Agriculture is
required to publish an order of quarantine or rules or regulations promulgated
thereunder in a newspaper, it may in its discretion publish only a brief
concise summary statement of the contents of such order or regulations and
notice that complete copies thereof are on file and can be obtained from the
department, certain county clerks and the Secretary of State. [1961 c.118 §3]
561.590
Violation of quarantine prohibited. From and after the time that any quarantine order of the Director of
Agriculture becomes effective it shall be unlawful for any person, firm or
corporation to violate, either in whole or in part, any of the provisions of
such order, or of any rule or regulation promulgated in connection therewith.
561.600
Procedure for review of orders and regulations. Judicial review of orders including
emergency orders and regulations issued in accordance with ORS 561.510 to 561.590
shall be as provided in ORS chapter 183. [1971 c.734 §87]
SEIZURE,
DETENTION AND EMBARGO POWERS
561.605
Detention, seizure or embargo of agricultural products; labeling; notification. (1) In order that the rights of consumers,
property owners or other affected persons may be protected and procedures made
uniform the State Department of Agriculture, its agents, employees or
officials, shall observe the procedure prescribed by ORS 561.605 to 561.620
whenever it becomes necessary for the department to detain, seize or embargo
any food, article or product under any law the administration of which is
vested in the department.
(2) The department shall cause to be
affixed to the products being detained, seized or embargoed, a notice that the
products are being detained, seized or embargoed by the department and warning
all persons that they may not be removed from the place at which they are being
held without written permission from the department.
(3) The department shall notify in writing
the owner or person in possession of the products that the products are being
detained, seized or embargoed by the department. If the person in possession of
the products is not the owner, the department shall make a reasonable effort to
notify the owner. Such notice shall state the reason for the departments
action, and shall notify the owner or person in possession of the right to be
heard before the department in opposition to the action. [Formerly part of
616.095]
561.610
Request for hearing; when held.
(1) A request of the State Department of Agriculture for a hearing on the
propriety of the detention, seizure or embargo and related matters must be
filed with the department in writing within 10 days of receiving actual notice
of such action. The request may be filed either by the owner or the person in
possession but the time limited for filing such request is to be computed from
the time the required notice is first received by either of such persons. When
the department receives a request for a hearing, it shall designate the time
and place of hearing.
(2) The hearing shall not be held sooner
than 10 days after the request for a hearing has been received by the
department. However, if the subject matter of the departments action is
perishable goods, or if, in the opinion of the department, other good and
sufficient reason appears, the hearing may, at the request of the owner or
person in possession of such goods, be held at an earlier date. [Formerly part
of 616.095]
561.615
Conduct of hearing; action by department. (1) The hearing shall be conducted by an administrative law judge
assigned from the Office of Administrative Hearings established under ORS
183.605. The hearing shall be conducted as provided for contested cases under
ORS chapter 183.
(2) If it appears that the products are
not being stored, sold, kept, offered or exposed for sale in violation of law,
the products shall be released to the owner or person in possession. If it
appears that all or part of such products may be reconditioned or relabeled or
segregated in such a way as to comply with state laws, the owner or person in
possession may cause them to be reconditioned, relabeled or segregated at the
owners or persons own expense, after which the department shall release them.
If it appears that all or a part of the products may not be reconditioned,
relabeled or segregated in such a way as to comply with state laws, that
portion of the products which may not be so treated shall be destroyed, unless
the owner or person in possession executes and delivers to the department a
good and sufficient bond to the effect that the products shall not be sold,
disposed of or used contrary to the laws of Oregon and the rules, regulations
or orders thereunder promulgated. If any food products are found to be unfit
for human consumption but suitable for animal feeding, such food products may
be used for animal feeding as permitted by the department. [Formerly part of
616.095; 1971 c.734 §88; 1999 c.849 §§119,120; 2003 c.75 §47]
561.620
Procedure when products disposed of; salvage. (1) In the event that the owner or person in possession does not
request a hearing on the propriety of the seizure, detention or embargo within
the time limited for making such request, the State Department of Agriculture
may summarily destroy or otherwise dispose of the subject matter of the action,
or, if the owner or person in possession of such products does not within 30
days after the hearing either comply with the orders of the department as to
reconditioning, relabeling or segregating or perfect an appeal to the circuit
court, the department may summarily destroy or otherwise dispose of the subject
matter of the action.
(2) If it appears to the department that
there is a reasonable possibility that a product is capable of salvage and the
owner or person in possession does not seek to regain custody within the time
and in the manner provided in ORS 561.605 to 561.620, the department may
dispose of the product so as to obtain such salvage. Any salvage so recovered
shall, after paying the costs of sale or disposition and including storage, if
any, be remitted to the true owner, if known, or if not known, then to the
person in possession. A sale or disposition for salvage shall be upon such
conditions as to labeling, reconditioning or segregation as the department
deems necessary to comply with the law relating to such product. [Formerly part
of 616.095]
561.625
When hearing not required.
Nothing in ORS 561.605 to 561.630, 616.225, 632.485 and 633.670 shall be
construed as requiring that a hearing be held in connection with the seizure or
embargoing of illegal or suspected products or as prohibiting the release,
destruction or other disposition of such products by agreement between the
State Department of Agriculture and the owner or person in possession of such
products. [Subsection (1) of 1965 Replacement Part formerly 616.100; subsection
(2) of 1965 Replacement Part formerly part of 616.095; 1967 c.437 §2]
561.630
Removing or defacing seizure or embargo notice unlawful. No person shall remove or deface any notice
placed upon products seized or embargoed by the State Department of
Agriculture, or move any such products from the place designated in the notice
without written permission from the department. [Formerly 616.110]
STATE WEED
BOARD
561.650
State Weed Board; membership; terms. (1) The State Weed Board is created in the State Department of
Agriculture. The board shall consist of seven members appointed by the Director
of Agriculture as follows:
(a) At least two members shall be
residents of that portion of the state east of the summit of the
(b) At least two members shall be
residents of that portion of the state west of the summit of the
(c) Two members shall be selected from among
those individuals recommended by the Association of Oregon Counties.
(d) The director or a designee of the
director shall serve as a member.
(2) The term of each member is four years,
but a member serves at the pleasure of the director. Before the expiration of
the term of a member, the director shall appoint a successor. A member is
eligible for reappointment. If there is a vacancy for any cause, the director
shall make an appointment to become immediately effective for the unexpired
term.
(3) As used in subsection (1) of this
section, summit of the Cascade Mountains means a line beginning at the
intersection of the northern boundary of the State of Oregon and the western
boundary of Hood River County; thence southerly along the western boundaries of
Hood River, Jefferson, Deschutes and Klamath Counties to the southern boundary
of the State of Oregon. [1985 c.620 §2]
561.660
Compensation of members. A
member of the State Weed Board is entitled to compensation and expenses as
provided in ORS 292.495. [1985 c.620 §4]
561.670
Officers; quorum; meetings.
(1) The State Weed Board shall select one of its members as chairperson and
another as vice chairperson, for such terms and with duties and powers
necessary for the performance of the functions of those offices as the board
determines appropriate.
(2) A majority of the members of the board
constitutes a quorum for the transaction of business.
(3) The board shall meet at such times and
places as are specified by the call of the Director of Agriculture or the
chairperson. [1985 c.620 §5]
561.680
Duties of board. The State
Weed Board shall:
(1) Act in conjunction with the State
Department of Agriculture to identify those weeds growing in this state that
represent the greatest public menace and establish those weeds as the top
priority for action by weed control programs in this state.
(2) Assist the Director of Agriculture in
allocating moneys made available to the State Department of Agriculture for the
payment of weed control expenses to weed control programs conducted in the
various counties on the basis of the plan implemented under ORS 561.683.
(3) Help the department to coordinate the
weed control program efforts of the various counties and advise the director in
performing weed control duties, functions and powers assigned to the State
Department of Agriculture pursuant to ORS chapter 570 or any other provision of
law. [1985 c.620 §6; 2005 c.392 §2]
561.683
Implementation of weed control effort improvement plan. (1) The State Department of Agriculture, in
conjunction with the State Weed Board, shall implement a board plan to improve
the effectiveness of noxious weed control efforts by weed control districts,
state agencies and others within this state. The department shall act as the
primary state agency for assisting weed control districts, state agencies and
others in coordinating their noxious weed control efforts.
(2) The department and the board shall
initiate and actively pursue efforts to secure an optimum level of federal and
private funding for noxious weed control efforts in this state. The department
and the board shall give priority under this subsection to securing funding for
noxious weed control projects that are consistent with the plan implemented
under subsection (1) of this section. [2005 c.392 §1]
Note: 561.683 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 561 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
Note: Section 3, chapter 392, Oregon Laws 2005,
provides:
Sec.
3. (1) The State Department
of Agriculture shall report to an interim committee of the Seventy-fourth
Legislative Assembly regarding implementation of the noxious weed control plan
under section 1 of this 2005 Act [561.683]. The department shall report in the
manner provided by ORS 192.245 no later than October 1, 2008. The report shall
include any recommendations for proposed legislation to assist weed control
districts in the enforcement of local noxious weed control programs. The report
shall also include the results of efforts by the department to secure federal
and private noxious weed control funding under section 1 of this 2005 Act. The
report may be filed with any committee dealing with issues relating to
agriculture or natural resources.
(2) The department shall consult with and
seek the approval of the State Weed Board before filing the report described in
this section. If the board does not approve of the report, the board shall file
a dissenting report with the committee. [2005 c.392 §3]
INVASIVE
SPECIES COUNCIL
561.685
Definition of invasive species; Invasive Species Council duties. (1) As used in this section, invasive
species means nonnative organisms that cause economic or environmental harm
and are capable of spreading to new areas of the state. Invasive species does
not include humans, domestic livestock or nonharmful exotic organisms.
(2) The Invasive Species Council shall:
(a) Create and maintain appropriate
Internet sites, toll-free telephone numbers or other means of communication for
statewide use in reporting sightings of invasive species.
(b) Encourage the reporting of invasive
species sightings by publicizing means of communication made available by the
council under paragraph (a) of this subsection.
(c) Forward reports of invasive species
sightings to appropriate agencies.
(d) Produce educational materials and
press releases concerning invasive species.
(e) Conduct educational meetings and
conferences.
(f) Develop a statewide plan for dealing
with invasive species. The plan should include, but need not be limited to, a
review of state authority to prevent the introduction of invasive species and
to eradicate, contain or manage existing invasive species.
(g) Solicit proposals and review
applications for grants or loans to further projects providing education about
invasive species.
(h) Provide grants or loans to agencies,
organizations or individuals for eradicating new invasions.
(3) The council may approve the
expenditure of funds by the council, or any member thereof, for the production
of educational materials or the presentation of educational materials. [2001
c.413 §6]
Note: 561.685 to 561.695 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
561 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
561.687
Invasive Species Council; membership; terms. (1) There is established the Invasive Species Council. Except as
provided in ORS 561.691 (1), the council shall consist of 13 members. The
following persons are voting ex officio members of the council:
(a) The Director of Agriculture or a
designated representative.
(b) The president of
(c) The State Fish and Wildlife Director
or a designated representative.
(d) The administrative head of the Sea
Grant College of
(e) The State Forester or a designated
representative.
(2) The voting ex officio members of the
council described in subsection (1) of this section shall collectively appoint
eight members to the council.
(3) The term of office of each appointed
member is two years, but an appointed member serves at the pleasure of the
voting ex officio members of the council. Before the expiration of a term, the
voting ex officio members of the council shall appoint a successor whose term
begins on January 1 next following. An appointed member may not serve more than
two successive terms on the council. If there is a vacancy in an appointed
member position for any cause, the voting ex officio members of the council
shall make an appointment to become immediately effective for the unexpired term.
(4) In making appointments to the council,
the voting ex officio members of the council shall endeavor to appoint persons
representative of the geographic, cultural and economic diversity of this
state. The voting ex officio members of the council may give consideration to
nominations submitted by federal and state agencies, local governments,
universities, industry and other groups having an interest in invasive species.
(5) An appointed member of the council is
not entitled to compensation under ORS 292.495. A member of the council is not
entitled to reimbursement for expenses. At the discretion of the council,
council members may be reimbursed from funds available to the council for
actual and necessary travel and other expenses incurred by members of the
council in the performance of their official duties, subject to the limits
described in ORS 292.495. [2001 c.413 §1; 2007 c.247 §1]
Note: See note under 561.685.
561.689
Officers; quorum; schedule.
(1) The Invasive Species Council shall select a voting ex officio member of the
council as chairperson and another voting ex officio member as vice
chairperson. Each voting ex officio member of the council shall serve one year
as chairperson and one year as vice chairperson during any five-year period. The
chairperson and vice chairperson shall have duties and powers necessary for the
performance of the functions of those offices as a majority of the voting ex
officio members determines.
(2) A majority of the voting members of
the council constitutes a quorum for the transaction of business.
(3) The council shall meet at times and
places specified by the call of the chairperson or of a majority of the voting
members of the council. [2001 c.413 §3; 2007 c.247 §2]
Note: See note under 561.685.
561.691
Invasive Species Coordinator; administrative expenses of Invasive Species
Council. (1) Subject to
available funding, the Invasive Species Council may appoint a State Invasive
Species Coordinator to serve at the pleasure of the voting members of the
council. The appointment of the coordinator must be by written order, filed
with the Secretary of State. If the council appoints a coordinator, the
coordinator shall serve as a nonvoting ex officio member of the council.
(2) The State Department of Agriculture is
responsible for ensuring payment of the administrative expenses of the council.
The State Department of Agriculture may enter into interagency agreements under
ORS 190.110 with the State Department of Fish and Wildlife, the State Forestry
Department,
Note: See note under 561.685.
561.693
Advisory and technical committees. (1) The Invasive Species Council may establish advisory and technical
committees that it considers necessary to aid and advise the council in the
performance of its functions. The committees may be continuing or temporary
committees. The council shall determine the representation, membership, terms
and organization of the committees and appoint their members.
(2) Members of the committees are not
entitled to compensation, but at the discretion of the council may be
reimbursed from funds available to the council for actual and necessary travel
and other expenses incurred by members of the committees in the performance of
their official duties, subject to ORS 292.495. [2001 c.413 §5]
Note: See note under 561.685.
561.695
Invasive Species Council Account; trust account. (1) The Invasive Species Council Account is
established in the General Fund of the State Treasury. Except as provided under
subsection (2) of this section, all moneys received by the Invasive Species
Council shall be paid into the State Treasury and credited to the account. All
moneys in the account are continuously appropriated to the council and may be
used by the council for purposes authorized by law, including but not limited
to providing grants or loans as described under ORS 561.685.
(2) The Invasive Species Council may accept
moneys through gifts, grants and donations from public and private sources. The
council shall deposit the gifts, grants and donations with the State Treasurer
for credit to a trust account separate and distinct from the General Fund.
Interest earned by the trust account shall be credited to the trust account.
Except as otherwise provided by the donor, the council may use trust account
moneys for any purpose described in ORS 561.685. [2001 c.413 §7]
Note: See note under 561.685.
NEW CROPS
DEVELOPMENT BOARD
561.700
New Crops Development Board; membership; terms; compensation and expenses. (1) The New Crops Development Board is
created within the State Department of Agriculture. The board shall consist of
nine voting members appointed by the Director of Agriculture. In addition to
the voting members, the Director of the Oregon State University Experiment
Station or the designee of the director and the Director of the Department of
Environmental Quality or the designee of the director shall be nonvoting ex
officio members of the board.
(2) The term of each voting member is four
years, but a member serves at the pleasure of the Director of Agriculture.
Before the expiration of the term of a voting member, the director shall
appoint a successor. A voting member is eligible for reappointment. If there is
a vacancy for any cause, the director shall make an appointment to become
immediately effective for the unexpired term.
(3) Each voting member of the board shall
be a citizen of this state and actively engaged in some segment of the
agricultural crop industry. As far as practicable, the Director of Agriculture
shall make appointments so that the various geographic areas of the state and
segments of the agricultural crop industry are represented on the board.
(4) To the extent that moneys received
pursuant to ORS 561.720 are available therefor in the Department of Agriculture
Service Fund, a member of the board is entitled to compensation and expenses as
provided in ORS 292.495. [1983 c.501 §2]
561.710
Officers; quorum; meetings.
(1) The New Crops Development Board shall select one of its members as
chairperson and another as vice chairperson, for such terms and with such
duties and powers necessary for the performance of the functions of such
offices as the board determines.
(2) A majority of the voting members of
the board constitutes a quorum for the transaction of business.
(3) The board shall meet at such times and
places as may be specified by the call of the chairperson or of a majority of
the voting members of the board. [1983 c.501 §3]
561.720
Duties; authority. In order
to facilitate research and development of new or alternative crops in this
state and to implement the responsibilities of the State Department of
Agriculture under ORS 561.020 (2), the New Crops Development Board:
(1) Shall review new or alternative
agricultural crops research or development proposals, and for this purpose may
consult with the appropriate persons in universities, research institutions,
business enterprises or other public or private bodies.
(2) May accept contributions, gifts or
grants from any public or private source.
(3) May make grants and disbursements of
funds to, and enter into agreements with, public or private agencies, schools,
organizations, institutions or individuals, for the research, study,
experimentation or development of new or alternative crop production,
processing or uses.
(4) Shall review and evaluate the results
of all grants and agreements.
(5) May act as a clearinghouse for
information and reports involving the research, study, experimentation or
development of new or alternative crop production, processing, markets or uses.
(6) May act as liaison between those
engaged in the research, study, experimentation or development of new or alternative
crop production, processing, markets or uses. [1983 c.501 §4; 1985 c.623 §8]
561.730
Disposition of moneys received.
All moneys received by the New Crops Development Board shall be deposited in
the Department of Agriculture Service Fund created by ORS 561.144 (1). All
moneys received and so deposited are continuously appropriated to the board to
carry out the provisions of ORS 561.700 to 561.720. [1983 c.501 §5]
BIOPHARMACEUTICAL
CROPS
561.738
Definitions for ORS 561.738 and 561.740. As used in this section and ORS 561.740:
(1) Biopharm permit means a permit
issued by the United States Department of Agriculture for the production of a
biopharmaceutical crop.
(2) Biopharmaceutical crops means plants
that have been genetically modified using a recombinant DNA process to produce
vaccines, drugs, enzymes or other medicinal compounds.
(3) Recombinant DNA process means a
process in which segments of deoxyribonucleic acid from different organisms are
joined together to create recombinant DNA molecules that have the capacity to
replicate in some host cell, either autonomously or as an integrated part of
the host genome. [2007 c.577 §1]
Note: 561.738 and 561.740 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
561 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
561.740
Regulation of biopharmaceutical crops; fees. (1) The Director of Agriculture and an appointee of the Director of
Human Services who has experience in health program administration may enter
into memoranda of understanding or other intergovernmental agreements on behalf
of this state for the purpose of furthering collaboration between this state
and federal agencies that regulate the growing of biopharmaceutical crops. A
memorandum or other agreement entered into under this section shall be designed
to increase state input to the federal biopharm permitting system on
biopharmaceutical crop issues and requirements of specific interest to this
state.
(2) To the extent authorized under federal
and state law, or under any memorandum of understanding or other agreement
entered into under subsection (1) of this section, the Director of Agriculture
and the appointee of the Director of Human Services, or their designees:
(a) Notwithstanding ORS 192.410 to
192.505, shall refuse to disclose any biopharm permit application or related
biopharmaceutical crop information received from the United States Department
of Agricultures Animal and Plant Health Inspection Service, or from any
successor to that service, that the United States Department of Agriculture has
determined to be confidential business information.
(b) May review biopharm permit
applications and biopharmaceutical crop information submitted to the United
States Department of Agriculture.
(c) May administer and conduct site
inspections and monitoring of any biopharmaceutical crops grown in
(d) If there is evidence that
biopharmaceutical crops are endangering
(e) May charge a biopharm permit applicant
or holder fees for state oversight, services or activities under this section.
Fees charged under this paragraph may not total more than $10,000 and must be
reasonably calculated to reimburse the state for the actual cost of the
oversight, services or activities. Fees collected under this paragraph shall be
deposited to the credit of the Department of Agriculture Service Fund and are
continuously appropriated to the State Department of Agriculture for the
purpose of carrying out this section. [2007 c.577 §2]
Note: See note under 561.738.
ANHYDROUS
AMMONIA
561.750
Definitions for ORS 561.750 to 561.760. As used in ORS 561.750 to 561.760:
(1) Anhydrous ammonia:
(a) Means a liquid or gaseous inorganic
compound that is formed by the chemical combination of nitrogen and hydrogen in
the molar proportion of one part nitrogen to three parts hydrogen.
(b) Does not mean ammonium hydroxide.
(2) Distributor means a person that
imports, consigns, sells, offers for sale, barters, exchanges or otherwise
facilitates the supply of anhydrous ammonia to a user in this state.
(3) Nontoxic dye means a biodegradable,
clear liquid product that causes staining when exposed to air.
(4) Other additive means a product other
than a nontoxic dye that, when put in tanks containing anhydrous ammonia,
renders the anhydrous ammonia nonreactive, unusable or undesirable for use as a
precursor substance in the manufacture of methamphetamine.
(5) User means a person that applies
anhydrous ammonia as a plant nutrient in the course of engaging in agricultural
activity in this state. [2005 c.706 §19]
Note: 561.750 to 561.760 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
561 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
561.755
Certification of dyes or other additives; rules. (1) The State Department of Agriculture, by
rule and in consultation with the Department of State Police, shall certify
each brand of nontoxic dye or other additive that a distributor or user may add
to anhydrous ammonia.
(2) In accordance with applicable
provisions of ORS chapter 183, the State Department of Agriculture shall adopt
rules establishing standards to be used in making certifications under this
section and for the administration of ORS 561.760. In establishing the
standards, the State Department of Agriculture shall consult with the Anhydrous
Ammonia Additive Review Committee established under ORS 561.760. [2005 c.706 §20]
Note: See note under 561.750.
561.760
Anhydrous Ammonia Additive Review Committee. (1) The Director of Agriculture, in consultation with the
Superintendent of State Police, shall appoint an Anhydrous Ammonia Additive
Review Committee consisting of not fewer than six members. The term of a member
is four years, but a member serves at the pleasure of the director.
(2) Members of the committee are not
entitled to compensation, but in the discretion of the director may be
reimbursed from funds available to the State Department of Agriculture for
actual and necessary travel and other expenses incurred by them in the
performance of their official duties in the manner and amount provided in ORS
292.495.
(3) The members of the committee shall
include at least one representative from each of the following:
(a) The Department of State Police.
(b) The State Department of Agriculture.
(c) Manufacturers of anhydrous ammonia
fertilizers.
(d) The
(e) Retail distributors.
(f) Users who are growers of agricultural
commodities.
(4) The committee:
(a) May review all relevant scientific and
economic data on nontoxic dyes or other additives for anhydrous ammonia that
are submitted for certification to the State Department of Agriculture under
ORS 561.755.
(b) Shall, at a minimum, require the
manufacturer of any product submitted under ORS 561.755 to provide sufficient
scientifically valid data for each submitted nontoxic dye or other additive to
allow the State Department of Agriculture to determine the dyes or additives:
(A) Impact on crop yield;
(B) Specific food crop residue analysis;
and
(C) Impact on the environment.
(c) May issue recommendations to the
director regarding whether a nontoxic dye or other additive to anhydrous
ammonia should be certified by the State Department of Agriculture under ORS
561.755. [2005 c.706 §21]
Note: See note under 561.750.
561.810 [Formerly 561.570; repealed by 1961 c.425 §20]
PENALTIES
561.990
Penalties. (1) Violation of
ORS 561.170 is a Class C violation.
(2) Violation of ORS 561.200 is
punishable, upon conviction, by a fine of not to exceed $100 or by imprisonment
for not more than 30 days, or both.
(3) Violation of ORS 561.220 or 561.230 is
a misdemeanor.
(4) Violation of ORS 561.590 is
punishable, upon conviction, by a fine of not less than $500 nor more than
$5,000.
(5) Violation of any of the provisions of
ORS 561.605 to 561.630 is a Class D violation. [Subsection (3) enacted as 1955
c.11 §3; subsection (5) formerly part of 616.990; 1971 c.743 §399; 1973 c.10 §1;
1999 c.1051 §199]
561.995
Civil penalties. (1) In
addition to any fine under ORS 561.990 or other penalty, a person who violates
an order, rule or regulation described under ORS 561.590 is subject to a civil
penalty imposed by the State Department of Agriculture. The civil penalty shall
not exceed $10,000.
(2) Every violation of an order, rule or
regulation described under ORS 561.590 is a separate offense subject to a
separate civil penalty.
(3) The department shall develop one or
more schedules setting the amounts of civil penalties that may be imposed for
particular types of violations.
(4) The imposition of a civil penalty
under this section is subject to ORS 183.745.
(5) The State Treasurer shall deposit all
moneys from penalties recovered under this section into the Department of
Agriculture Account. Moneys deposited under this subsection are continuously
appropriated to the department for the administration and enforcement of
quarantine laws. [1999 c.390 §2]
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