2007 Oregon Code - Chapter 570 :: Chapter 570 - Plants - Inspection - Quarantine - Pest and Weed Control
Chapter 570 —
Plants; Inspection, Quarantine,
2007 EDITION
PLANTS;
AGRICULTURE
DEFINITIONS
570.005Â Â Â Â Definitions
for ORS 570.005 to 570.600
COUNTY HORTICULTURAL INSPECTORS
570.010Â Â Â Â County
horticultural inspectors; appointment; term; powers and duties
570.015Â Â Â Â Deputy
inspectors
570.020Â Â Â Â Inspectors
may enter premises
570.025Â Â Â Â Instruction,
education and supervision of inspectors; reports
570.030Â Â Â Â Compensation
of inspectors; office supplies; clerical help
570.035Â Â Â Â Appeals
from inspectorsÂ’ decisions
570.040Â Â Â Â Inspection
where inspector unavailable
570.045Â Â Â Â Assistance
of employees of common carriers in locating horticultural articles; refusal or
neglect is misdemeanor
570.050Â Â Â Â Cooperation
of peace officers in enforcing quarantines
570.055Â Â Â Â Disposition
of fines
INSPECTION AND QUARANTINE GENERALLY;
ABATEMENT OF NUISANCES
570.105Â Â Â Â Definitions
for ORS 570.110 to 570.190
570.110Â Â Â Â Inspections
and visitations by director and deputies
570.115Â Â Â Â Quarantine
establishment; revocation
570.120Â Â Â Â Quarantine
powers exercised only in emergencies
570.125Â Â Â Â Inspector
of outgoing shipments
570.130Â Â Â Â Shipments
marked to indicate place of origin; must be free from pests and disease
570.135Â Â Â Â Premises
may be entered for inspection
570.140Â Â Â Â Infested
or infected shipment; notice to shipper
570.145Â Â Â Â Procedure
when infested or infected shipment can be separated
570.150Â Â Â Â Procedure
when infested or infected shipment can be treated
570.155Â Â Â Â Disposition
of shipment when neither separated nor treated
570.160Â Â Â Â Procedure
when shipment is sound, but from infected or infested area
570.165Â Â Â Â Service
and sufficiency of notices provided for in ORS 570.140 to 570.165
570.170Â Â Â Â Department
to make inspections; infected or infested matter declared public nuisance
570.175Â Â Â Â Procedure
for abatement of public nuisance
570.180Â Â Â Â Summary
abatement of nuisance
570.185Â Â Â Â Application
of ORS 570.170 to 570.180 limited
570.190Â Â Â Â Notices;
manner of service; persons authorized to make service; reputed owner considered
owner
570.196Â Â Â Â Certain
barberry varieties declared nuisances; cultivation prohibited; permitted
varieties
570.200Â Â Â Â Procedure
for abatement of nuisance caused by certain barberry varieties
PROTECTIVE MEASURES AGAINST SPREAD OF DISEASE
AND PESTS
570.305Â Â Â Â Department
officials to prevent introduction of pests and diseases
570.310Â Â Â Â Cooperation
with interested groups and agencies
570.320Â Â Â Â Horticultural
inspectors to prevent introduction of diseased matter into state
570.325Â Â Â Â Collaboration
with federal department
570.330Â Â Â Â Containers
and wrappers to be labeled
570.335Â Â Â Â Prunings
and cuttings to be burned
570.345Â Â Â Â Spraying
or destroying infested or infected matter; notice; “infested” and “infected”
defined
570.350Â Â Â Â Traffic
in infested fruit prohibited; seizure; failure of owner to show fruit; sale to
canneries and factories permitted
570.355Â Â Â Â Packing
or delivery for shipment of infected fruit is misdemeanor; manufacture into
by-product permitted
570.360Â Â Â Â Department
to present evidence of violations; prosecution in justice court
570.365Â Â Â Â Proceeds
from fines; use
570.370Â Â Â Â Fumigatorium
established; purpose
570.375Â Â Â Â Management
and control of fumigatorium
CONTROL AREAS
570.405Â Â Â Â Department
may establish control areas; limitations
570.407Â Â Â Â Eastern
filbert blight control; removal of trees; attorney fees in enforcement action
570.410Â Â Â Â Violation
of order prohibited
570.412Â Â Â Â Making
contracts and receiving funds to carry out control order
570.415Â Â Â Â Revocation
of control area order
570.420Â Â Â Â Cherry
fruit fly control area inspector; appointment; duty; pay
570.425Â Â Â Â Inspector
has access to land in area; refusal to comply with control area order
570.430Â Â Â Â Procedure
for collection of expenses incurred by inspector
570.435Â Â Â Â Expenses
to be paid by county
570.450Â Â Â Â Rapeseed
control areas
WEED CONTROL
(Generally)
570.500Â Â Â Â Legislative
findings; need for evaluation
570.505Â Â Â Â Necessity
of eradication of weeds; cooperation in control and eradication
570.510Â Â Â Â State
and counties to control noxious weeds
570.515Â Â Â Â County
governing body may create weed control district; petition for special weed
control district
570.520Â Â Â Â Weed
inspectors; appointment; duties; compensation
570.525Â Â Â Â Notice
of district creation and weeds to be controlled
570.530Â Â Â Â Weed
inspector right of entry; service of notice to eradicate weeds; department or
district control measures
570.535Â Â Â Â Owner
or occupant to eradicate weeds; disposition of fines
570.540Â Â Â Â Eradication
of weeds on public lands and rights of way
570.545Â Â Â Â Eradication
of weeds when owner or occupant refuses to do so; request for quarantine; statement
of expenses to be filed
570.550Â Â Â Â Statement
to be entered on lien docket; recovery of unpaid amount
570.555Â Â Â Â Payment
for work
570.560Â Â Â Â County
tax for weed control fund; expenditure
570.562Â Â Â Â Special
assessment
570.565Â Â Â Â Dissolution
of weed control district; disposition of funds
570.570Â Â Â Â Duty
to clean machinery before moving; weed infested residue not to be moved
570.575Â Â Â Â Copy
of statute to be posted on machinery; copies furnished by county clerk
(Cost-Share Assistance Grants)
570.580Â Â Â Â Cost-share
assistance grants for weed control; application
570.585Â Â Â Â Cost-share
assistance grants for weed control; source of expenditures; limit on grants
570.590Â Â Â Â Eligibility
for grants
570.595Â Â Â Â Department
funds for grants; reports by county
570.600Â Â Â Â Financial
assistance by department for weed control; limit on county responsibility
INTERSTATE COMPACT ON
570.650Â Â Â Â Interstate
Compact on
570.655Â Â Â Â Meaning
of “executive head”
570.660Â Â Â Â Cooperation
of state agencies with Insurance Fund
570.665Â Â Â Â Insurance
Fund bylaws to be filed with State Department of Agriculture
570.670Â Â Â Â Compact
administrator
570.675Â Â Â Â Application
for assistance
570.680Â Â Â Â Credit
of expenditure to department account
IMPORTED TIMBER PRODUCTS INSPECTION PROGRAM
570.700Â Â Â Â Definitions
for ORS 570.700 to 570.710
570.705Â Â Â Â Legislative
findings; timber product inspection; assessment of costs
570.710Â Â Â Â Fee
for timber products health program
PENALTIES
570.990Â Â Â Â Penalties
570.995Â Â Â Â Civil
penalties
DEFINITIONS
     570.005
Definitions for ORS 570.005 to 570.600. As used in ORS 570.005 to 570.600 and 570.990, unless the context
requires otherwise:
     (1) “Department” means the State
Department of Agriculture.
     (2) “Director” means the Director of
Agriculture.
COUNTY
HORTICULTURAL INSPECTORS
     570.010
County horticultural inspectors; appointment; term; powers and duties. (1) Upon petition of not less than 25
resident fruit growers of any county of this state, the county court of such
county may, subject to the approval of the Director of Agriculture, appoint a
county horticultural inspector, whose duties are:
     (a) To inspect orchards, nurseries, trees,
shrubs, vines, fruits, vegetables, plants, packing houses, warehouses,
storerooms, farms and other places within the county.
     (b) To visit and inspect the fruit drying
and packing plants while such plants are in operation.
     (c) To enforce the regulations required by
the State Department of Agriculture governing the handling, drying and packing
of prunes, apples, loganberries or other fruits evaporated and packed for human
consumption.
     (d) To enforce all laws of the state
relating to such insect pests and such diseases as affect trees, vines, plants
of any kind, or fruit or vegetables of any kind and all other horticultural
laws, rules and regulations of the state.
     (2) The county horticultural inspector
shall hold office during the pleasure of the county court. [Amended by 1971
c.397 §1]
     570.015
Deputy inspectors. Upon a
petition of not less than 25 resident fruit growers of any county of this
state, the county court of such county may, subject to the approval of the
Director of Agriculture, appoint one or more deputy county horticultural
inspectors. Each deputy inspector shall hold office during the pleasure of the
county court and shall have and perform all the powers and duties of a county
horticultural inspector.
     570.020
Inspectors may enter premises.
The county horticultural inspectors, deputy county horticultural inspectors and
all other persons authorized to enforce the horticultural and inspection laws
of Oregon are authorized and empowered to enter upon or into any premises,
land, buildings, enclosures or other places for the purpose of inspecting any
article which is subject to or may be subject to infestation with any insect
injurious to any article which grows upon or in or from the soil by processes
of plant growth, or the eggs, larvae or pupae of such insects or with any
disease injurious to any such article or articles and for the further purpose
of enforcing any of the laws of this state relating to horticultural quarantine
or horticultural inspection or the abatement of horticultural nuisances or any
other duties imposed by law upon such inspectors and other persons authorized
to enforce the inspection and horticultural laws of Oregon.
     570.025
Instruction, education and supervision of inspectors; reports. The State Department of Agriculture shall
instruct and educate the county and deputy county horticultural inspectors as
to the laws and quarantine regulations of the state, and the rules and regulations
of the department. The inspectors shall perform their duties under the general
supervision of the department, to which they shall make reports in the manner
prescribed by the department.
     570.030
Compensation of inspectors; office supplies; clerical help. (1) Each county horticultural inspector and
deputy inspector shall be paid for services by the county and actual necessary
expenses incurred in the performance of duties. The county horticultural
inspector and each deputy inspector shall report monthly to the State
Department of Agriculture the time for which the inspector or deputy inspector
is entitled to pay during the month for which such report is made, and a
statement of actual necessary expenses incurred in the performance of duties as
such inspector, and the department shall certify the report to the county court
before such compensation and expenses shall be paid.
     (2) The county court shall supply the
county and deputy county horticultural inspectors with such blanks, stationery,
postage, equipment and clerical hire as are needed in the performance of their
official duties.
     570.035
Appeals from inspectorsÂ’ decisions. The State Department of Agriculture shall hear and promptly decide all
appeals from the county or deputy county horticultural inspectors. Its
decisions shall have full force and effect until set aside by the courts of the
state. All appeals from inspectors to the department shall be under the form
and regulations prescribed by the department.
     570.040
Inspection where inspector unavailable. If any county for any reason fails to appoint a county horticultural
inspector or if for any reason the inspector is not available, the nearest
inspector available may perform such services, and the compensation of the
inspector and the necessary expenses incurred in the performance of duty shall
be charged against the county where the service is performed, as if the
inspector had been appointed by the county court of such county.
     570.045
Assistance of employees of common carriers in locating horticultural articles;
refusal or neglect is misdemeanor. All clerks, bookkeepers, express agents, railroad officials,
employees, or employees of common carriers shall render to the State Department
of Agriculture and its inspectors all assistance in their power in tracing,
finding or discovering the presence of any article named in the horticultural
laws. Any refusal or neglect on the part of said persons to render such
friendly aid to assist in the carrying out of ORS 564.020, 570.005 to 570.055,
570.125, 570.320, 570.335 to 570.360 is a misdemeanor.
     570.050
Cooperation of peace officers in enforcing quarantines. All peace officers in this state shall
enforce all quarantine measures promulgated by the United States Department of
Agriculture and the State Department of Agriculture.
     570.055
Disposition of fines. All
fines imposed under ORS 570.990 for violation of any of the provisions of ORS
570.010 to 570.050 shall, when collected, be paid to the treasurer of the
county where imposed, to be placed in the current expense fund of such county
and to be used to assist in defraying the expenses of horticultural inspection.
INSPECTION
AND QUARANTINE GENERALLY; ABATEMENT OF NUISANCES
     570.105
Definitions for ORS 570.110 to 570.190. As used in ORS 570.110 to 570.190, unless the context requires
otherwise, “nursery stock” includes all trees, shrubs, vines, plants, cuttings,
grafts, scions, buds, fruit pits, nuts and other seeds of fruit, forest and
ornamental trees and shrubs, both deciduous and evergreen, grown for sale or
propagation or planting or collected in the wild, and all flowering bulbs,
corms, roots, rooted herbaceous plants, or cuttings used or to be used for
ornamental purposes, or cut greenery either cultivated or collected in the
wild, used for ornamental purposes, but does not include cut flowers, or such
cut greenery as ferns, and foliage grown under glass or other artificial
covering.
     570.110
Inspections and visitations by director and deputies. The Director of Agriculture, and such officers,
employees and deputies as the director assigns to such duty, shall visit the
different parts of the state and shall see that all regulations of the State
Department of Agriculture and all provisions of law to prevent the introduction
or spread of fruit pests and diseases of trees or plants injurious to the
horticultural interests of the state are enforced. The director forthwith
shall, upon the complaint of interested parties, inspect or cause to be
inspected by some officer, employee or deputy of the department, orchards,
nurseries and other places suspected to be infested with fruit pests or
infected with diseases injurious to trees, plants or fruits.
     570.115
Quarantine establishment; revocation. (1) If upon report of any officer, employee or deputy of the State
Department of Agriculture, the Director of Agriculture is of the opinion that
any locality, district, orchard or place is infested with fruit pests or
infected with disease injurious to trees, plants or fruits, and liable to
spread to other orchards or localities to their damage or injury so as to be a
public danger, the director shall, by an order entered in the records of the
department, declare such place to be under quarantine. The director shall give
notice thereof by posting a notice in writing in a conspicuous place upon the
premises, specifying with convenient certainty what place or premises are under
quarantine regulations and by delivering a copy of such notice to the owner or
person in charge of the premises, if the owner or person in charge may be found
thereon. Such place thereafter shall be subject to quarantine regulations of
the department.
     (2) As soon as, in the opinion of the
director the danger from such quarantine locality has ceased, the director may
revoke the quarantine.
     570.120
Quarantine powers exercised only in emergencies. The powers conferred in ORS 570.110 and
570.115 shall be exercised only in great and imminent danger to the fruit
interests of the state and with utmost caution and regard for the rights of
individuals affected, consistent with the safety and welfare of the fruit
interest of the whole state.
     570.125
Inspector of outgoing shipments. (1) Upon request of any nurseryman or tree dealer doing business
within this state, the Director of Agriculture may deputize a suitable person
to inspect outgoing shipments from such nurseryman or tree dealer. The
nurseryman or tree dealer shall pay the person so deputized for services while
they are required by such nurseryman or tree dealer.
     (2) In case the shipping business of any
two or more nurserymen and tree dealers is not in the aggregate more than one
person can inspect properly and such group makes satisfactory arrangements for
payment of the person making such inspection, the director may deputize a
person to inspect the shipment of all members of such group.
     (3) No person deputized by the director to
inspect outgoing shipments of nursery stock shall make any certificate
concerning such shipments which is not true. No person so deputized shall allow
a certificate of inspection given by the person to be attached to any tree,
shrub, vine, plant, scion, bud, or box, crate, bale, bundle or container of the
same or of any of them unless the person personally has inspected the articles
and all of them immediately before signing such certificate, which must be
dated in writing at the time it is signed.
     (4) The director may revoke deputization
of any such person at any time if the director believes such person is not
properly doing the duty of the person.
     570.130
Shipments marked to indicate place of origin; must be free from pests and
disease. When any shipment
of nursery stock, fruits, vegetables, seed, nuts or field crops are brought
into this state or shipped within the state they must have attached to the
container the required permits, tags or markings of the state of origin, and
must be free of injurious insect pests and diseases or their eggs, larvae or
pupae or other pests.
     570.135
Premises may be entered for inspection. The officers, employees, deputies and inspectors of the State
Department of Agriculture and the county horticultural inspectors and their
deputies may enter at any time into any car, warehouse, depot, or upon any ship
within the boundaries of this state, whether in the stream or at the dock,
wharf, mole or any other place where such nursery stock or fruit or vegetables
or seed or field crops or other such articles are received, or in which any of
such articles are imported into the state, for the purpose of making the
investigation or examination to ascertain whether such articles are infested
with any injurious insects or their eggs, larvae or pupae or other plant pests
or diseases.
     570.140
Infested or infected shipment; notice to shipper. When any shipment of nursery stock, fruits,
vegetables, seed, nuts or field crops are found upon inspection to be infested
with injurious insect pests or diseases or their eggs, larvae or pupae or other
plant pests, the inspector shall give notice to the shipper of the pests or
diseases found and the manner of disposition, as provided for in ORS 570.145 to
570.165.
     570.145
Procedure when infested or infected shipment can be separated. When, in the judgment of the inspector,
materials not infested or infected can be separated from the infested or
infected article without danger of escape from such article of the insects,
their eggs, larvae or pupae, diseases or other plant pests and the owner,
person, firm or corporation having control or possession of such articles
desires to separate as instructed, the officer making the inspection shall give
permission in writing to make such separation within a specified time and at
the expense of the owner or responsible party who authorized the separation and
under the supervision of such official or some person authorized by the
inspector to exercise such supervision. Whenever the official who makes such
inspection has other official work awaiting and it appears that the time
required for separating and destroying such articles may exceed one hour, the
official may authorize and deputize some proper person to supervise the
separation of the infested or infected articles from the uninfested or
uninfected articles and the destruction of the infested and infected articles.
The person so authorized shall be paid by the owner or the party who authorized
the separation, or by both, for services while supervising the separation and
destruction of such articles.
     570.150
Procedure when infested or infected shipment can be treated. When, in the judgment of the inspector, all
or part of a shipment can be treated to exterminate the plant pests or
diseases, the owner or responsible agents of the owner shall be so notified.
The notice shall include the exact method and materials to be used, and provide
that all treatments shall be given under direct supervision of an authorized
inspector and shall be done at the expense of the owner or the party who
authorized such treatment or both.
     570.155
Disposition of shipment when neither separated nor treated. (1) When no provision is made by the
inspecting official for disposition by separation or treatment, the notice
provided for in ORS 570.140 will require that all condemned materials be
promptly shipped out of the state within a specified time, the limit of which
shall be not less than 48 hours nor more than 10 days, according to the nature
of the insects or diseases. The owner or person in charge thereof shall so ship
such articles, but such shipment shall be made under the direction of the
officer making the inspection and shall be at the expense of the owner or agent
of the owner.
     (2) If the owner or the agent of the owner
fails to comply with the notice, the articles shall be destroyed by the officer
at the expense of the owner or agent. In case the articles cannot be reshipped
out of the state without danger of escape of the pest or disease to the
orchards, vineyards, farms, gardens, ornamentals, and their products of Oregon,
the articles shall immediately be destroyed by the inspecting official or the
person who has inspected the same or under the direction of the official or
person.
     570.160
Procedure when shipment is sound, but from infected or infested area. In case the shipment, although apparently
sound and not infested or infected by any pests, is from an infested or
infected district beyond the limits of this state, the inspector shall notify
the owner or person in charge thereof, and shall require such owner or person
to fumigate or sterilize such shipment, or to destroy or to treat such shipment
in the manner directed by the inspector and under the supervision of the
inspector or under the supervision of some person appointed by the inspector
for that purpose, or to return it to the point of origin or ship out of the
state.
     570.165
Service and sufficiency of notices provided for in ORS 570.140 to 570.165. Any notice required by ORS 570.140 to
570.165 must be delivered in person or sent by mail to the owner or person in
charge of the infested or infected articles at the last-known place of address
of the owner or person in charge. A notice mailed to the shipper or shippers of
infested or infected articles at the return address on any such shipment of
infested or infected articles is considered sufficient notice to the owner or
owners thereof within the requirements of ORS 570.140 to 570.165. [Amended by
2005 c.22 §387]
     570.170
Department to make inspections; infected or infested matter declared public
nuisance. The State
Department of Agriculture, whenever it deems it necessary, shall cause an
inspection to be made of any orchards, nurseries, trees, plants, vegetables,
vines or field crops or any fruit packing house, storeroom, salesroom, or any
other place or thing within this state. Any such places, orchards, nurseries,
trees, plants, shrubs, vegetables, vines, fruit or field crops or articles
found infested or infected with any insects, pests, diseases or fungous growth
or noxious weeds, or the seeds thereof, injurious to fruits, plants, trees,
vegetables or vines or grain, or other field crops, or with eggs or larvae
liable to spread to other places or localities, or of such nature as to be a
public danger, hereby are declared to be a public nuisance. The department
shall notify in writing the record owner, or owners, of such articles, things
or places that the same are so infested or infected.
     570.175
Procedure for abatement of public nuisance. (1) Whenever any public nuisance as described in ORS 570.170 exists at
any place in the state on property of any owner upon whom notice has been
served and who has failed or refused to abate such nuisance within the time and
in the manner specified in such notice, or when any such nuisance exists on the
property of a nonresident or on any property the owner of which cannot be
served with notice in the manner provided in ORS 570.190, after diligent search
within the county in which such nuisance exists, the State Department of
Agriculture shall make a report to the district attorney of the county in which
the nuisance exists, or if the nuisance exists on property which lies in two or
more counties, to the district attorney of any of such counties, setting forth
the description of the property upon which the nuisance exists and naming the
pest or other condition which renders such property a nuisance. The district
attorney shall prepare from such report and any other available information a
petition to the circuit court of the county, signed in manner and form required
for a complaint in a civil action, in which the property or premises sought to
be declared a nuisance shall be described with reasonable certainty. The
petition shall set forth the names of each owner, encumbrancer or other person
interested in such property or premises so far as the same can be ascertained
from the public records, and pray that the court enter an order declaring such
premises or property a public nuisance and directing the abatement of such
nuisance by destruction or otherwise.
     (2) Such action shall be brought in the
name of the State of
     (3) Service of summons shall be made in
the manner provided for service of summons in a civil action; provided, that
where service is had by publication, the period of publication required shall
be shortened to once a week for two consecutive weeks, and such service by
publication is deemed complete upon the expiration of 21 days from and after
the date of the first publication of such notice. The person or persons so
served by publication shall appear and answer within 31 days from the date of
the first publication of such notice.
     (4) The court may, upon the application of
any party, or upon its own motion, and for reasonable cause, adjourn the
proceedings from time to time, and may order new or further notice to be given
to any party whose interest may be affected.
     (5) At the time and place appointed for
hearing the petition, or to which the hearing may have been adjourned, if the
court has satisfactory proof that all parties interested in the property or
premises have been duly served with notice as prescribed in this section, and
further satisfied by competent proof that the conditions of such premises or
property warrant its being declared a public nuisance, it shall enter an order
condemning such property as a public nuisance and directing that the owner or
other person ordered by the court shall destroy such property or abate such
nuisance in such other manner as the court shall direct. If the nuisance is
abated by any person other than the owner, then in the order of the court
directing the abatement of the nuisance the court shall further order that an
accurate account of the cost and expense necessary to the abatement be kept and
a report made to the court within five days after the completion of the
abatement of the nuisance. The report shall be in writing, verified by the one
making it and shall be served and filed as a cost bill in a civil action.
Objections to the statement, if any, shall be made, served, filed and
determined as objections to a cost bill in a civil action. The judgment which
orders the abatement of a nuisance shall also provide that the owner or owners
of the property upon which the nuisance exists pay the expense of abating the
nuisance, that it shall be a judgment lien on the property prior to all other
liens and, if not paid within 60 days after the statement of expense is filed,
execution may issue. [Amended by 1979 c.284 §174]
     570.180
Summary abatement of nuisance.
Any authorized officer, employee or inspector of the State Department of
Agriculture may, in any case where an urgent emergency exists, abate any public
nuisance, as described in ORS 570.170, in a summary manner, doing as little
damage as possible to the things or premises on which or in which such nuisance
exists, with notice to the owner or owners sent by mail at or subsequent to the
time of such abatement.
     570.185
Application of ORS 570.170 to 570.180 limited. The provisions of ORS 570.170 to 570.180
shall not be construed to apply to shipments of infested or infected articles
mentioned in ORS 570.135.
     570.190
Notices; manner of service; persons authorized to make service; reputed owner
considered owner. (1) All
notices provided for in ORS 570.140 to 570.190 shall be served upon each owner
of such infected or infested premises or chattel, or upon the owner of each, if
such premises and chattel are under different ownership. Service shall be made
in the following manner:
     (a) If such owners are individuals and can
with reasonable diligence be found within the county where such infested or
infected premises or chattel are, it shall be served upon such owners, or at
least one of them, personally, by delivering a copy thereof certified to by the
officer making the inspection.
     (b) If such owner is a corporation, by
delivery of such certified copy to the president or other head of the
corporation, secretary, cashier or managing agent, or in case none of the
officers of such corporation can with reasonable diligence be found within such
county, then to any clerk or agent of such corporation who may with reasonable
diligence be found within such county; or if no such officer is found, then by
mailing such copy to the principal office of such corporation or to any person
authorized to accept legal service for said corporation.
     (c) If such owner is a minor under the age
of 14 years, to such minorÂ’s father, mother or guardian; or, if none is found
within such county, then to any person having the care or control of such
minor, or with whom the minor resides, or in whose service the minor is
employed.
     (d) If such owner is a person judicially
declared to be of unsound mind, or incapable of conducting the affairs of the
person, and for whom a guardian has been appointed, on such guardian.
     (e) If any such owner is a resident of
such county and personal service of such notice cannot, with diligence, be had,
it may be made on some person of the family, above the age of 14 years, at the
dwellinghouse or usual place of abode of the owner.
     (f) In case such notice cannot with
reasonable diligence be served as provided in this section, such notice shall
be posted by any person qualified to make personal service thereof in a
conspicuous place on the infected or infested premises, or on the premises or
conveyance containing the infected or infested chattel.
     (2) Such notice may be served by any
representative of the State Department of Agriculture, or by a sheriff or
deputies of the sheriff. The notice shall state the spray to be used or the
treatment to be applied for the eradication of insect pests, their eggs,
larvae, and contagious diseases and fungous growths. The treatment may include
the destruction of infested or infected articles, if such destruction is
necessary in the judgment of the person inspecting the same under the authority
conferred by law.
     (3) For the purposes of ORS 570.130 to
570.190 any reputed owner shall be considered as the owner of any infected or
infested premises or chattel.
     570.195 [Repealed by 1961 c.394 §1 (570.196 enacted
in lieu of 570.195)]
     570.196
Certain barberry varieties declared nuisances; cultivation prohibited;
permitted varieties. (1)
Barberry (berberis spp.), and plants of the genera mahonia, except mahonia
aquifolium (Oregon grape), and mahoberberis including all species and varieties,
except immune or resistant varieties thereof as provided by subsection (3) of
this section, are hosts of puccinia graminis, the black stem rust fungus of
wheat and other small grains and grasses, and hereby are declared to be public
nuisances. Authorized representatives of the State Department of Agriculture or
of the county in which such plants are located, shall abate these nuisances
without indemnity to the owner as provided by ORS 570.200.
     (2) No person shall grow, propagate,
maintain, sell or transport within the State of Oregon, or bring into this
state, any barberry (berberis spp.), and plants of the genera mahonia and
mahoberberis including all species and varieties thereof, that have not been
determined by the department to be immune to or resistant to the black stem
rust fungus, puccinia graminis.
     (3) The department shall establish and
maintain a list by regulation of the varieties of barberry (berberis spp.), and
plants of the genera mahonia and mahoberberis including all species and varieties,
that have been determined to be immune to, or resistant to the black stem rust
fungus, puccinia graminis. In promulgating regulations as authorized by this
subsection, the department may take into consideration but is not to be limited
to:
     (a) The laws and regulations of the
     (b) The opinions and advice of persons,
agencies, or organizations recognized as experienced in the identification or
control of barberry, mahonia and mahoberberis.
     (c) Procedures necessary to control or
eradicate such plants which are hosts of puccinia graminis, the black stem rust
fungus, in order to prevent or eliminate substantial economic losses to the
     570.200
Procedure for abatement of nuisance caused by certain barberry varieties. (1) Authorized representatives of the State
Department of Agriculture, county agents and weed control districts supervisors
of each county shall detect, control and destroy or cause to be destroyed
barberry (berberis spp.), and plants of the genera mahonia and mahoberberis
including all species and varieties, that have not been determined as provided
by ORS 570.196 (3) to be immune to, or resistant to the black stem rust fungus,
puccinia graminis.
     (2) Persons authorized by subsection (1)
of this section shall forward a written notice to the owner, occupant or person
in possession of the land on which such plant is located. Such notice shall
contain:
     (a) The name of the plant growing on such
land and its approximate location.
     (b) Concise description of the plant to be
destroyed and the reasons such plants are declared to be a public nuisance.
     (c) A statement that such plant must be
destroyed within 20 days from the date of notice and only in a manner and as
directed by the department by regulation.
     (3) Each person owning or in possession of
a plant ordered to be destroyed as provided by subsection (2) of this section,
shall destroy such plant within the time and manner set out in such order.
     (4) If the owner, person in possession or
the occupant of land on which such plant is located fails or refuses to destroy
the plant as provided by order under subsection (2) of this section, the
department or the county may go upon such land and destroy the plant without
indemnity to the owner thereof. [1961 c.394 §4]
PROTECTIVE
MEASURES AGAINST SPREAD OF DISEASE AND PESTS
     570.305
Department officials to prevent introduction of pests and diseases. The Director of Agriculture, and the chief
of the division of plant industry, are authorized and directed to use such
methods as may be necessary to prevent the introduction into the state of
dangerous insect pests and plant diseases, and to apply methods necessary to
prevent the spread, and to establish control and accomplish the eradication of
such pests and diseases, which may seriously endanger agricultural and
horticultural interests of the state, which may be established or may be
introduced, whenever in their opinion such control or eradication is possible
and practicable.
     570.310
Cooperation with interested groups and agencies. (1) The Director of Agriculture, and the
chief of the division of plant industry, may cooperate with any group of
citizens, municipalities and counties in the state,
     (2) The director, acting by and through
the chief of the division of plant industry, may in the discretion of the
director, provide funds, labor, materials and supplies for the purposes of this
section and ORS 570.305.
     570.320
Horticultural inspectors to prevent introduction of diseased matter into state. It is the special duty of all officers,
employees and deputies to whom the duty to act as horticultural inspectors is
assigned, to inspect nursery stock, trees, shrubs, plants, fruits, bulbs and
vegetables and other articles mentioned in ORS 570.320 to 570.330, coming from
points within the state, and to enforce the provisions of ORS 570.320 to
570.330 and all other horticultural laws of the state relating thereto. Any
such officer, employee or deputy of the State Department of Agriculture also
shall have all the duties, powers and rights of a county horticultural
inspector and are granted jurisdiction to act throughout the state.
     570.325
Collaboration with federal department. The officers, employees and inspectors of the State Department of
Agriculture and county inspectors are authorized to collaborate with the United
States Department of Agriculture in all matters relating to the inspection of
nursery stock, plants, fruits, vegetables, bulbs, seeds or other plant products
shipped into this state from foreign countries or from other states or
territories.
     570.330
Containers and wrappers to be labeled. Each carload, case, box, package, crate, bundle, or bale of trees,
shrubs, plants, vines, cuttings, grafts, scions, buds, fruit pits, fruit or
vegetables imported or brought into this state shall have plainly and legibly
marked thereon in a conspicuous manner and place, the name and address of the
person, firm or corporation shipping the same and the name and address of the
consignee; also the name of the country, state or territory where the contents
were grown and must show that it contains nursery stock, seedlings or seeds.
     570.335
Prunings and cuttings to be burned. No person, firm or corporation owning or operating any nursery, fruit
orchard of any kind, hopyards, flower gardens or ornamental trees shall throw
any cuttings or prunings or parts of any fruit trees, nursery stock, ornamental
trees, or hop vines into any public road, highway, lane, field or other
enclosure, or into any watercourse of any kind; but shall destroy such cuttings
or prunings or parts with fire within a reasonable time, except when infested
or infected with a contagious pest or disease. Such infested or infected
prunings, cuttings or parts shall immediately be destroyed by fire.
     570.345
Spraying or destroying infested or infected matter; notice; “infested” and “infected”
defined. (1) Any person,
firm or corporation owning or operating a nursery, a fruit orchard, a hopyard,
a flower garden or ornamental trees, and knowing the nursery, fruit orchard,
hopyard, flower garden or ornamental trees to be infested or infected with any
kind of insect pest or disease that is or may become a menace to horticultural
or farm crops, or on being served with a written notice by the State Department
of Agriculture that such nursery, fruit orchard, hopyard, flower garden or
ornamental trees are so infested or infected, shall immediately spray or
destroy the nursery, fruit orchard, hopyard, flower garden or ornamental trees in
such manner as the department directs.
     (2)(a) “Infested” means when the adult,
egg or larvae form of the insect is found in such numbers as, in the opinion of
the department, to be a menace to horticultural or farm crops.
     (b) “Infected” means any appearance of a
disease on such trees or plants that may be a menace to horticultural or farm
crops. [Amended by 2005 c.22 §388]
     570.350
Traffic in infested fruit prohibited; seizure; failure of owner to show fruit;
sale to canneries and factories permitted. (1) No person, firm or corporation shall import into this state or
transport within this state or sell or offer for sale by displaying in stores,
in or at fruit stands, or along public highways or in any other manner within
this state fruit of any kind which is infested with any insect pest or is
infested with any disease. The fact that any fruit bears the marks of scale,
insects or is worm eaten, or bears the marks of a disease in excess of
tolerances permitted by the State Department of Agriculture is prima facie
evidence that the fruit is infested or infected within the meaning of this
section.
     (2) When an inspector, or other authorized
person of the department, making an inspection of fruit finds that such fruit
does not meet the requirements of this section or of other sections of the law
relating to such fruit, the inspector or other authorized person shall place a
seizure on such fruit and immediately serve notice in writing of such seizure
upon the owner or person having possession. The owner or person having
possession shall not sell or dispose of the seized fruit or move the seized
fruit from the place of location provided for in the notice of seizure without
written permission from the inspector so to do. The failure of the person in
possession of the seized fruit to show such fruit in possession, or a written
release signed by a proper person authorized by the department so to do, is
prima facie evidence that the owner or person having possession of such fruit
at time of seizure has violated the provisions of this section.
     (3) In addition to the penalties provided
for in ORS 570.990, fruit seized for violation of this section shall be
disposed of by court order or by consent of the owner or person in possession;
or when the infestation is such as to cause immediate danger of spread of pests
or diseases to orchard and farm crops growing from or on the soil of Oregon,
such fruit or fruits immediately shall be destroyed by the inspector making the
seizure or by other persons authorized by the department, by burning or by
other means that will completely eradicate the pest or disease, and without
compensation to the owner, agent or person in possession of such fruit, where
it appears beyond a reasonable doubt that the infestation is such as will cause
immediate spread of pests or diseases. Such infested or infected fruit may be
sold to evaporators, fruit canneries, fruit product factories, or other
by-product factories under the following conditions:
     (a) Fruit so sold shall be used solely for
the production of manufactured fruit products, beverages or other manufactured
products or by-products.
     (b) The nature of the infestation or
infection is not such as to make the article of food or beverage manufactured
from such fruit unhealthful or unfit for use as a food or beverage.
     (c) The sale of such fruit shall be
subject to such grades and regulations as the department adopts.
     570.355
Packing or delivery for shipment of infected fruit is misdemeanor; manufacture into
by-product permitted. Each
person who packs or prepares for shipment to any point within the state, or who
delivers or causes to be delivered to any express agent or railroad agent or
other person or to any transportation company or corporation for shipment to
any point without the state, any fresh, cured or dried fruit infected with
insect pests or diseases injurious to trees, shrubs, plants, fruits or
vegetables is guilty of a misdemeanor. This section does not prevent the grower
of such infected fruit grown within this state from manufacturing the same into
a by-product or selling and shipping the same to a by-product factory.
     570.360
Department to present evidence of violations; prosecution in justice court. The State Department of Agriculture shall
present evidence of violation of any provision of ORS 564.020, 570.005 to
570.055, 570.125, 570.320, 570.335 to 570.355, and 632.490 to the district
attorney for the county in which any such violation may occur. Prosecution for
such violation may be brought in any of the justice courts of this state.
     570.365
Proceeds from fines; use.
All fines imposed under ORS 570.990 for violation of any of the provisions of
ORS 570.335 to 570.360, when collected, shall be paid to the treasurer of the
county where imposed, to be placed in the current expense fund of such county
and used to assist in defraying the expenses of horticultural inspectors.
     570.370
Fumigatorium established; purpose. In order to carry on investigations of insect pests of nursery,
greenhouse, bulb, fruit, vegetable, cereal, seed and other agricultural
industries and to experiment with and determine effective measures for the
control of such insect pests by means of fumigation and to collaborate with the
State Department of Agriculture in its regulatory program, there is provided a
fumigatorium at Oregon State University at Corvallis.
     570.375
Management and control of fumigatorium. The fumigatorium shall be under the management and control of the
State Board of Higher Education through its director of the agricultural
experiment station.
CONTROL AREAS
     570.405
Department may establish control areas; limitations. (1) The State Department of Agriculture may
establish, in accordance with the provisions governing the procedure for the
declaring of quarantines contained in ORS 561.510 to 561.590, control areas
within this state, if after careful investigation it determines that such areas
are necessary for the general protection of the horticultural, agricultural or
forest industries of the state from diseases, insects, animals or noxious weeds
or for the eradication or exclusion from such areas of certain plants or their
produce, trees, diseases, animals, insects or noxious weeds that may be a
menace to such areas and generally to horticultural, agricultural or forestry
industries. Whenever eastern filbert blight is found to exist, the department
may declare it a hazard and may establish a control area without having to
prove how the disease is transmitted.
     (2) The power and authority to establish
such control areas and for the eradication or exclusion of certain plants or
their produce, trees, diseases, insects, animals or noxious weeds existing
therein or to be excluded therefrom shall be exercised reasonably and justly
considering the exigencies of the particular situation, the danger to the
interests sought to be protected and the immediate and continuing effect upon
the property and the owners of the property in the areas established. Such
powers shall in no case be exercised unreasonably, unjustly or arbitrarily.
     (3) The department in such determination
shall define the boundaries of the areas and specify the character and kinds of
plants or their produce, trees, diseases, insects, animals or noxious weeds to
be eradicated or excluded and the manner and method of such eradication or exclusion.
The provisions of ORS 561.510 to 561.590 apply to this section. [Amended by
1987 c.228 §1]
     570.407
Eastern filbert blight control; removal of trees; attorney fees in enforcement
action. (1) In a control
area that has been established for eastern filbert blight control as provided
in ORS 570.405, the State Department of Agriculture may require the removal of
any trees infected with the disease. Removal may not be required if the
infected trees are subject to maintenance under a management program prescribed
by the department.
     (2) In any legal action taken to enforce
the provisions of an eastern filbert blight control area order, the court shall
award the prevailing party reasonable attorney fees. [1987 c.228 §3]
     570.410
Violation of order prohibited.
From and after the date an order creating a control area becomes finally
effective, no person shall violate, in whole or in part, any provision of such
order.
     570.412
Making contracts and receiving funds to carry out control order. The State Department of Agriculture is
authorized to contract with and to receive funds from any person, including but
not limited to, any governmental agency, county or municipal corporation, for
the purpose of carrying on such work as is necessary in enforcing or carrying
out the provisions of a control order. Any unexpended funds paid into the
department as provided by this section may be returned to such person,
governmental agency, county or municipal corporation. Funds received under this
section shall be deposited with the State Treasurer and credited to the
Department of Agriculture Account. Such funds are continuously appropriated for
the purpose of carrying out the purpose of the contract and the control area
order under which the money is paid. [1959 c.300 §2; 1967 c.637 §11]
     570.415
Revocation of control area order. The Director of Agriculture may, at any time the director believes
such action necessary, revoke any order concerning control areas made by the
director by giving notice in a newspaper published within or near the control
area or lands affected and filing proof thereof with the county clerk of the
county.
     570.420
Cherry fruit fly control area inspector; appointment; duty; pay. The county court or board of county
commissioners of each county in which a control area, or any part thereof, has
been established for cherry fruit fly control according to ORS 570.405, shall
appoint a control area inspector for that county upon the petition of 50
interested persons or 50 percent of the interested persons, whichever is
smaller, who are farm owners within the county. The inspector shall work under
the direction of and be responsible to the State Department of Agriculture. The
inspector shall carry out the provisions of the control area order. The
inspector shall be paid out of the general funds of the county such wages as
are fixed by the county court or board of county commissioners.
     570.425
Inspector has access to land in area; refusal to comply with control area
order. (1) The control area
inspector has access to the land within the control area that is within the
county for which the inspector was appointed.
     (2) In the event an owner or occupant of
any land fails or refuses to treat the trees, plants or their produce as
provided by the control area order, the inspector shall at once notify the
appointing authority of such fact and they shall authorize the inspector and
such assistants as the inspector may employ to go upon the land or premises and
treat the trees, plants or their produce thereon. The most effective and
practical method as approved by the Director of Agriculture shall be used.
     570.430
Procedure for collection of expenses incurred by inspector. (1) On the completion of the work, the
inspector shall file with the county clerk an itemized statement of expenses
necessarily incurred in the operation, including the wages of the inspector for
time spent therein, both on the preparation and completion of the operation,
verified by the oath of the inspector. When such statement is filed, the county
clerk shall cause the same to be entered upon a lien docket prepared for that
purpose. The amount of the expenses when so docketed shall constitute a first
lien upon such land and premises, except as to taxes. The county court or board
of county commissioners shall hear and promptly decide any objection to the
amount of expenses assessed.
     (2) If the expenses are not paid and the
lien discharged by the owner or occupant of the lands within 90 days from the
date the lien is docketed, the county may recover the expenses in an action at
law. [Amended by 1991 c.459 §436]
     570.435
Expenses to be paid by county.
If no objection has been filed, as authorized in ORS 570.430, within 10 days
from the date of filing and docketing the lien, the county court or board of county
commissioners shall pay out of the general funds of the county to the persons
to whom the expenses are owing the amount thereof.
     570.450
Rapeseed control areas. The
State Department of Agriculture may establish control areas for the production
of rapeseed as provided in ORS 570.405. The department may appoint advisory
boards to advise and counsel the department on the boundaries of the control
areas, the type of rapeseed species and varieties which may be produced in the
various control areas and the enforcement of control area orders. [1989 c.287 §2]
WEED CONTROL
(Generally)
     570.500
Legislative findings; need for evaluation. The Legislative Assembly finds and declares that:
     (1) Noxious weeds are currently invading
agricultural land and natural environments and causing severe production
losses, increased control costs, negative impacts on native flora and fauna,
decreased utilization of recreational areas and decreased value of farm, range
and forest lands. Some of those noxious weeds are poisonous or harmful to
humans or animals.
     (2) Noxious weed control programs are
carried out by private and public landowners, counties and state agencies.
     (3) The economic and environmental impacts
of noxious weeds in
     (4) The overall effectiveness and
efficiency of the various noxious weed control programs of this state have
never been evaluated. Evaluating and coordinating those programs could reduce
the need for the director to declare weed control emergencies. [1999 c.472 §1]
     Note: 570.500 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 570 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     570.505
Necessity of eradication of weeds; cooperation in control and eradication. Noxious weeds have become so thoroughly
established and are spreading so rapidly on state, county and federally owned
lands, as well as on property in individual ownership and in transition to
county ownership through tax delinquency, that they hereby are declared a
menace to the public welfare. While it is recognized that complete eradication
may not be practicable, it hereby is established that steps leading to
eradication and control are necessary and that responsibility rests not only on
the individual landowner and operator but also on the county, state and federal
government, and that the county, state and federal government should cooperate
with individual owners in the control and eradication of noxious weed pests. [Amended
by 1985 c.621 §1]
     570.510
State and counties to control noxious weeds. The state and the respective counties shall control any weeds
designated as noxious by the state or the respective counties in any such
county on land under their respective ownerships. [Amended by 1985 c.621 §2]
     570.515
County governing body may create weed control district; petition for special
weed control district. (1)
The county governing body of each county may declare the county, or any portion
of the lands in a county, a weed control district for the purpose of destroying
such weeds and of preventing the seeding and spread of such other weeds and
plants as the governing body may for the purposes of ORS 570.515 to 570.600
declare noxious.
     (2) If the county is not made a weed
control district or if the county weed control district does not include all
such weeds or plants desired as included as noxious, interested parties may
present a petition for a special weed control district. The petition shall
describe the area to be included in the special weed control district and name
the noxious weeds to be destroyed or prevented from blooming and producing seed
within the district, and must be signed by more than half of the landowners in
the area described in the petition who also own more than half of the acreage
in the area. Upon presentation of such a petition, the county governing body
shall declare such area a special weed control district and such weeds noxious
within the district, in accordance with the petition. [Amended by 1985 c.621 §3]
     570.520
Weed inspectors; appointment; duties; compensation. (1) The court shall, upon declaring a weed
control district, appoint a weed inspector or inspectors, whose duties it shall
be:
     (a) To find out if any noxious weeds or
plants are being permitted to grow and produce bloom or seed within the
district or districts contrary to the provisions of ORS 570.515 to 570.600;
     (b) To serve notices;
     (c) When necessary to destroy or cut or to
supervise the destruction or cutting of the noxious weeds growing or seeding
within the weed control district; and
     (d) To conduct investigations, approve
plans and certify expenditures pertaining to weed control projects pursuant to
ORS 570.590.
     (2) The person or persons appointed by the
county court shall receive for their services reasonable wages, as determined
by the county court, for the time actually employed in the performance of duty
under ORS 570.515 to 570.600. [Amended by 1975 c.555 §12]
     570.525
Notice of district creation and weeds to be controlled. The county court shall, upon declaring a
weed control district or districts, cause to be published an official notice
describing each district and naming weeds to be destroyed and to be prevented
from producing seed within the districts. The notice shall be published in a
newspaper or newspapers, not exceeding three in number, serving the districts,
in two consecutive issues if weekly, or two times at intervals of one week if
daily or semiweekly. Immediately after the last publication of the official
notice, the provisions of ORS 570.515 to 570.600 shall be enforced.
     570.530
Weed inspector right of entry; service of notice to eradicate weeds; department
or district control measures.
(1) The weed inspector shall have access to the land within the district.
     (2) When the provisions of ORS 570.515 to
570.600 are not being complied with, the weed inspector shall serve a written
notice to the owner or occupant of the land. When the weed inspector is unable
to serve the notice personally, the weed inspector shall post the notice and
two copies thereof in three conspicuous places on the land. The notice shall
contain:
     (a) The date of service or posting of
notice.
     (b) The name of the weed or weeds growing
on the land, and a statement setting forth that the weeds must be destroyed or
must be prevented from producing seed within a specified time of not less than
two days or more than 20 days, to be established by the inspector, from the
date of service of the notice.
     (3) The service of notice as provided in
subsection (2) of this section imposes a requirement on the owner or occupant
of the land to destroy or prevent the weeds from seeding or spreading during
the continuation of ownership or occupancy of the land or until the district is
dissolved. A copy of the notice, together with proof of service indorsed
thereon, shall be filed with the county court.
     (4) Notwithstanding subsections (2) and
(3) of this section, ORS 570.520 or 570.535, with permission of the owner or
occupant of land, employees of the State Department of Agriculture, or of designated
weed control districts, may enter the land to identify noxious weeds and to
implement or provide for the implementation of integrated noxious weed control
measures, including but not limited to the application of pesticides to the
land. The control or eradication of noxious weeds may be conducted with or
without charge to the owner or occupant of the land. A notice as described in
subsection (2) of this section is not required for the conduct of activities
described in this subsection. [Amended by 2001 c.219 §1]
     570.535
Owner or occupant to eradicate weeds; disposition of fines. (1) Each person, firm or corporation owning
or occupying land within the district shall destroy or prevent the seeding on
such land of any noxious weed within the meaning of ORS 570.515 to 570.600 in
accordance with the declaration of the county court and by the use of the best
means at hand and within a time declared reasonable and set by the court,
except that no weed declared noxious shall be permitted to produce seed.
     (2) All moneys collected as fines for
violation of ORS 570.515 to 570.600 in any county shall be paid into the county
treasury and shall become a part of the weed control fund.
     570.540
Eradication of weeds on public lands and rights of way. The State Highway Commission, the respective
county courts, reclamation districts and municipalities shall destroy or
prevent the spread or seeding of any noxious weed within the meaning of ORS
570.515 to 570.600 on any land owned by them or constituting the right of way
for any highway, county road, drainage or irrigation ditch, power or
transmission line, or other purposes under their respective jurisdictions.
     570.545
Eradication of weeds when owner or occupant refuses to do so; request for
quarantine; statement of expenses to be filed. (1) If the owner or occupant of the land
fails or refuses to immediately destroy or cut the noxious weeds in accordance
with ORS 570.515 to 570.600, the weed inspector shall at once notify the
district attorney of the county who shall at once take necessary steps for
enforcement of ORS 570.515 to 570.600. The county court shall authorize the
weed inspector or such assistants as the weed inspector may employ to go upon
the land or premises and destroy the noxious weeds or control them in such
manner as will destroy all seeds of such noxious weeds; provided, however, that
if destruction or control of the weeds on any farm is in the judgment of the
county weed inspector impracticable because the weeds may be too far advanced,
or if for any other reason the means of control available are unsatisfactory,
the weed inspector shall so notify the county court, which shall request the
State Department of Agriculture to immediately quarantine any such uncontrolled
noxious weed infested farm within the county to prevent the movement of
infested crops or of livestock from such farm except under conditions
prescribed in the quarantine that will prevent spread of the weeds by such
crops or livestock. In all cases where the inspector undertakes to destroy or
control noxious weeds, the most effective and practical method, in the judgment
of the inspector, and with least injury to the land or crops, shall be used.
     (2) Upon the completion of such work the
person so appointed and authorized by the county court shall file with the
county clerk an itemized statement of the expenses necessarily incurred in the
destruction of such weeds, including the wages of the person as provided in ORS
570.520, verified by the oath of the person.
     570.550
Statement to be entered on lien docket; recovery of unpaid amount. When the statement of expenses is filed, the
county clerk shall cause it to be entered upon a lien docket prepared for that
purpose. The amount of the charges and expenses when so docketed shall
constitute a first lien upon such lands or premises, except as to taxes. If the
charges and expenses are not paid and the lien discharged by the owner or
occupant of such lands within 90 days from the date the lien is docketed, the
county may recover the expenses in an action at law. [Amended by 1957 c.99 §1;
1985 c.621 §4; 1991 c.459 §437]
     570.555
Payment for work. If within
10 days from the date of filing and docketing the lien as provided in ORS
570.545 and 570.550, no objections have been filed thereto, the county court
shall pay to the person or persons appointed by the court, as provided in ORS
570.520 (1), out of the general funds of the county, the amount of such lien.
     570.560
County tax for weed control fund; expenditure. (1) The county courts of the several counties
of this state hereby are required to levy a tax and create a fund to be known
as the weed control fund for the control of weeds on county highways and public
lands and for cooperation with individuals, state and federal agencies in
controlling noxious weeds within weed control districts. The amount estimated
by the county court as being sufficient for such purposes may be placed in the
county budget and after consideration at the meeting held for the purpose of
passing upon the tax levy by the electors of the county, may become one of the
items for which expenditure may be made during the ensuing year.
     (2) When such a fund is created, it shall
be expended under the supervision of the county court in such manner as to
effectuate the purposes of ORS 570.515 to 570.600.
     570.562
Special assessment.
Notwithstanding ORS 570.560, in addition to or in lieu of the tax authorized by
ORS 570.560, a county governing body may levy a special assessment based upon
benefit to finance weed control activities. All such assessments shall be
treated in the same manner as the tax referred to in ORS 570.560. [1985 c.621 §5a;
1989 c.570 §1]
     570.565
Dissolution of weed control district; disposition of funds. If in the judgment of the court the
enforcement of ORS 570.515 to 570.600 in any county which has been declared a
weed control district seems impracticable or likely to work injury to the
people of the district, it may after a hearing declare that such weed control
district no longer exists. Any special weed control district shall be declared
terminated by the county court when a majority of landowners in the district,
by petition or by public hearing state that they desire such district
terminated for any weeds declared noxious in the district. Any moneys remaining
in any fund for weed control shall, after the termination of the district, be
credited to the general fund of the county.
     570.570
Duty to clean machinery before moving; weed infested residue not to be moved. No person operating or having control of any
threshing machinery, clover huller, hay baler, seed cleaning or treating
machinery or other machinery shall move said machinery over any public road or
from one farm to another without first thoroughly cleaning it. Before moving
it, all hay or bundle racks and all other equipment shall be thoroughly swept
and cleaned. All hay, straw or other crop residue infested with noxious weeds
under the meaning of ORS 570.515 to 570.600 having partially or fully formed
seeds shall not be moved from the land on which grown to other lands not
infested with any of the weeds in the field from which such crop material came.
     570.575
Copy of statute to be posted on machinery; copies furnished by county clerk. (1) No person shall operate any threshing
machine, clover huller or hay baler, seed cleaning or treating machinery or any
other similar machinery within any duly created weed control district in this
state without first having posted in a conspicuous place on such machinery a
copy of ORS 570.570 and this section.
     (2) The county clerks of the various
counties of this state hereby are authorized and directed to have printed a
sufficient number of copies of ORS 570.570 and 570.575 and shall deliver such
copies upon request to owners or operators of such machinery.
(Cost-Share
Assistance Grants)
     570.580
Cost-share assistance grants for weed control; application. Any person owning or occupying land within a
weed control district or special weed control district who conducts a weed
control project in accordance with the provisions of ORS 570.520 and 570.580 to
570.600 may apply to the county court or commission for a cost-share assistance
grant. [1975 c.555 §10]
     570.585
Cost-share assistance grants for weed control; source of expenditures; limit on
grants. (1) The county courts
of the several counties of this state hereby are required to provide cost-share
assistance grants to persons owning or occupying land within such counties who
conduct a weed control project in accordance with the provisions of ORS 570.520
and 570.580 to 570.600. Expenditures by any county court or commission for
cost-share assistance grants shall be made from the countyÂ’s weed control fund
pursuant to ORS 570.560.
     (2) In any fiscal year, the amount of
cost-share assistance to any person eligible for such assistance under ORS
570.580 and 570.590 shall be an amount equal to, but not exceeding, 50 percent
of the actual cost of the eligible person’s weed control project. [1975 c.555 §9]
     570.590
Eligibility for grants. No
person shall be eligible for a cost-share assistance grant under ORS 570.520
and 570.580 to 570.600 unless:
     (1) A weed control inspector has:
     (a) Conducted a field inspection of the
weed control site;
     (b) Approved the eligible person’s plan
for implementing a weed control project; and
     (c) Certified that specific expenditures
are appropriate for implementation of the project.
     (2) The eligible person has made certified
expenditures for the purpose of implementing an approved weed control project.
Adequate proof of such expenditures shall consist of:
     (a) Receipts, invoices or other evidence
indicating the amount and cost of the project; and
     (b) Such other weed control information as
the county court or commission may require. [1975 c.555 §11]
     570.595
Department funds for grants; reports by county. (1) Subject to ORS 291.232 to 291.260, the
State Department of Agriculture may distribute in the manner prescribed in
subsection (3) of this section to each county court an amount equal to 50
percent of the amount of cost-share assistance grants actually provided by the
county court to eligible persons pursuant to ORS 570.580 to 570.590.
     (2) Any funds available and received by
any county court under this section shall be placed in the countyÂ’s weed
control fund and shall be expended by the county court to carry out the
purposes of ORS 570.520 and 570.580 to 570.600.
     (3) Each county court receiving funds
under this section shall report to the department, at such times as the
department shall require:
     (a) The total number of eligible owners
who have received cost-share assistance grants under ORS 570.580; and
     (b) Any other weed control information the
department shall require to carry out the purposes of ORS 570.520 and 570.580
to 570.600. The department shall make any necessary adjustments in the amounts
due each county court at such times as the department determines appropriate in
order to avoid overpayment. [1975 c.555 §13]
     570.600
Financial assistance by department for weed control; limit on county
responsibility. (1) The
State Department of Agriculture may provide financial assistance to counties to
promote the implementation of noxious weed control projects.
     (2) Notwithstanding any other provision of
ORS 570.520 and 570.580 to 570.600, a county court is not required to perform
any duty, function or power provided in ORS 570.520 and 570.580 to 570.600
unless the department provides financial assistance to the county pursuant to
subsection (1) of this section. [1975 c.555 §§14,15]
INTERSTATE
COMPACT ON
     570.650
Interstate Compact on
______________________________________________________________________________
INTERSTATE COMPACT ON
ARTICLE I
Findings
The party
states find that:
     (a) In the absence of the higher degree of
cooperation among them possible under this compact, the annual loss of
approximately $10 billion from the depredations of pests is virtually certain
to continue, if not to increase.
     (b) Because of varying climatic,
geographic and economic factors, each state may be affected differently by
particular species of pests; but all states share the inability to protect themselves
fully against those pests which present serious dangers to them.
     (c) The migratory character of pest
infestations makes it necessary for states both adjacent to and distant from
one another, to complement each otherÂ’s activities when faced with conditions
of infestation and reinfestation.
     (d) While every state is seriously
affected by a substantial number of pests, and every state is susceptible of
infestation by many species of pests not now causing damage to its crop and
plant life and products, the fact that relatively few species of pests present
equal danger to or are of interest to all states makes the establishment and
operation of an Insurance Fund, from which individual states may obtain
financial support for pest control programs of benefit to them in other states
and to which they may contribute in accordance with their relative interests,
the most equitable means of financing cooperative pest eradication and control
programs.
ARTICLE II
Definitions
     As used in this compact, unless the context
clearly requires a different construction:
     (a) “State” means a state, territory or
possession of the
     (b) “Requesting state” means a state which
invokes the procedures of the compact to secure the undertaking or
intensification of measures to control or eradicate one or more pests within
one or more other states.
     (c) “Responding state” means a state
requested to undertake or intensify the measures referred to in subdivision (b)
of this Article.
     (d) “
     (e) “Insurance Fund” means the Pest
Control Insurance Fund established pursuant to this compact.
     (f) “Governing Board” means the
administrators of this compact representing all of the party states when such
administrators are acting as a body in pursuance of authority vested in them by
this compact.
     (g) “Executive Committee” means the
committee established pursuant to Article V (e) of this compact.
ARTICLE III
The Insurance Fund
     There is hereby established the Pest
Control Insurance Fund for the purpose of financing other than normal pest
control operations which states may be called upon to engage in pursuant to
this compact. The Insurance Fund shall contain moneys appropriated to it by the
party states and any donations and grants accepted by it. All appropriations,
except as conditioned by the rights and obligations of party states expressly
set forth in this compact, shall be unconditional and may not be restricted by
the appropriating state to use in the control of any specified pest or pests.
Donations and grants may be conditional or unconditional, provided that the
Insurance Fund shall not accept any donation or grant whose terms are
inconsistent with any provision of this compact.
ARTICLE IV
The Insurance Fund, Internal Operations and
Management
     (a) The Insurance Fund shall be
administered by a Governing Board and Executive Committee as hereinafter
provided. The actions of the Governing Board and Executive Committee pursuant
to this compact shall be deemed the actions of the Insurance Fund.
     (b) The members of the Governing Board
shall be entitled to one vote each on such board. No action of the Governing
Board shall be binding unless taken at a meeting at which a majority of the
total number of votes on the Governing Board are cast in favor thereof. Action
of the Governing Board shall be only at a meeting at which a majority of the
members are present.
     (c) The Insurance Fund shall have a seal
which may be employed as an official symbol and which may be affixed to
documents and otherwise used as the Governing Board may provide.
     (d) The Governing Board shall elect
annually, from among its members, a chairman, a vice-chairman, a secretary and
a treasurer. The chairman may not succeed self. The Governing Board may appoint
an executive director and fix the duties and the compensation of the executive
director, if any. Such executive director shall serve at the pleasure of the
Governing Board. The Governing Board shall make provision for the bonding of
such of the officers and employees of the Insurance Fund as may be appropriate.
     (e) Irrespective of the civil service,
personnel or other merit system laws of any of the party states, the executive
director, or if there be no executive director, the chairman, in accordance
with such procedures as the bylaws may provide, shall appoint, remove or
discharge such personnel as may be necessary for the performance of the
functions of the Insurance Fund and shall fix the duties and compensation of
such personnel. The Governing Board in its bylaws shall provide for the
personnel policies and programs of the Insurance Fund.
     (f) The Insurance Fund may borrow, accept
or contract for the services of personnel from any state, the
     (g) The Insurance Fund may accept for any
of its purposes and functions under this compact any and all donations, and
grants of money, equipment, supplies, materials and services, conditional or
otherwise, from any state, the
     (h) The Governing Board shall adopt bylaws
for the conduct of the business of the Insurance Fund and shall have the power
to amend and rescind these bylaws. The Insurance Fund shall publish its bylaws
in convenient form and shall file a copy thereof and a copy of any amendment
thereto with the appropriate agency or officer in each of the party states.
     (i) The Insurance Fund annually shall make
to the Governor and legislature of each party state a report covering its
activities for the preceding year. The Insurance Fund may make such additional
reports as it may deem desirable.
     (j) In addition to the powers and duties
specifically authorized and imposed, the Insurance Fund may do such other
things as are necessary and incidental to the conduct of its affairs pursuant
to this compact.
ARTICLE V
Compact and Insurance Fund Administration
     (a) In each party state there shall be a
compact administrator, who shall be selected and serve in such manner as the
laws of the state may provide, and who shall:
     1. Assist in the coordination of activities
pursuant to the compact in the state; and
     2. Represent the state on the Governing
Board of the Insurance Fund.
     (b) If the laws of the United States
specifically so provide, or if administrative provision is made therefor within
the Federal Government, the United States may be represented on the Governing
Board of the Insurance Fund by not to exceed three representatives. Any such
representative or representatives of the
     (c) The Governing Board shall meet at
least once each year for the purpose of determining policies and procedures in
the administration of the Insurance Fund and, consistent with the provisions of
the compact, supervising and giving direction to the expenditure of moneys from
the Insurance Fund. Additional meetings of the Governing Board shall be held on
call of the chairman, the Executive Committee, or a majority of the membership
of the Governing Board.
     (d) At such times as it may be meeting,
the Governing Board shall pass upon applications for assistance from the
Insurance Fund and authorize disbursements therefrom. When the Governing Board
is not in session, the Executive Committee thereof shall act as agent of the
Governing Board, with full authority to act for it in passing upon such
applications.
     (e) The Executive Committee shall be
composed of the chairman of the Governing Board and four additional members of
the Governing Board chosen by it so that there shall be one member representing
each of four geographic groupings of party states. The Governing Board shall
make such geographic groupings. If there is representation of the
ARTICLE VI
Assistance and Reimbursement
     (a) Each party state pledges to each other
party state that it will employ its best efforts to eradicate, or control within
the strictest practicable limits, any and all pests. It is recognized that
performance of this responsibility involves:
     1. The maintenance of pest control and
eradication activities of interstate significance by a party state at a level
that would be reasonable for its own protection in the absence of this compact.
     2. The meeting of emergency outbreaks or
infestations of interstate significance to no less an extent than would have
been done in the absence of this compact.
     (b) Whenever a party state is threatened
by a pest not present within its borders but present within another party
state, or whenever a party state is undertaking or engaged in activities for
the control or eradication of a pest or pests, and finds that such activities
are or would be impracticable or substantially more difficult of success by
reason of failure of another party state to cope with infestation or threatened
infestation, that state may request the Governing Board to authorize
expenditures from the Insurance Fund for eradication or control measures to be
taken by one or more of such other party states at a level sufficient to
prevent, or to reduce to the greatest practicable extent, infestation or
reinfestation of the requesting state. Upon such authorization the responding
state or states shall take or increase such eradication or control measures as
may be warranted. A responding state shall use moneys made available from the
Insurance Fund expeditiously and efficiently to assist in affording the
protection requested.
     (c) In order to apply for expenditures
from the Insurance Fund, a requesting state shall submit the following in
writing:
     1. A detailed statement of the
circumstances which occasion the request for the invoking of the compact.
     2. Evidence that the pest on account of
whose eradication or control assistance is requested constitutes a danger to an
agricultural or forest crop, product, tree, shrub, grass or other plant having
a substantial value to the requesting state.
     3. A statement of the extent of the present
and projected program of the requesting state and its subdivisions, including
full information as to the legal authority for the conduct of such program or
programs and the expenditures being made or budgeted therefor, in connection
with the eradication, control or prevention of introduction of the pest
concerned.
     4. Proof that the expenditures being made
or budgeted as detailed in item 3 do not constitute a reduction of the effort
for the control or eradication of the pest concerned or, if there is a
reduction, the reasons why the level of program detailed in item 3 constitutes
a normal level of pest control activity.
     5. A declaration as to whether, to the
best of its knowledge and belief, the conditions which in its view occasion the
invoking of the compact in the particular instance can be abated by a program
undertaken with the aid of moneys from the Insurance Fund in one year or less,
or whether the request is for an instalment in a program which is likely to
continue for a longer period of time.
     6. Such other information as the Governing
Board may require consistent with the provisions of this compact.
     (d) The Governing Board or Executive
Committee shall give due notice of any meeting at which an application for
assistance from the Insurance Fund is to be considered. Such notice shall be
given to the compact administrator of each party state and to such other
officers and agencies as may be designated by the laws of the party states. The
requesting state and any other party state shall be entitled to be represented
and present evidence and argument at such meeting.
     (e) Upon the submission as required by
paragraph (c) of this Article and such other information as it may have or
acquire, and upon determining that an expenditure of funds is within the
purposes of this compact and justified thereby, the Governing Board or
Executive Committee shall authorize support of the program. The Governing Board
or the Executive Committee may meet at any time or place for the purpose of
receiving and considering an application. Any and all determinations of the
Governing Board or Executive Committee, with respect to an application,
together with the reasons therefor shall be recorded and subscribed in such
manner as to show and preserve the votes of the individual members thereof.
     (f) A requesting state which is
dissatisfied with a determination of the Executive Committee shall upon notice
in writing given within 20 days of the determination with which it is
dissatisfied, be entitled to receive a review thereof at the next meeting of
the Governing Board. Determinations of the Executive Committee shall be
reviewable only by the Governing Board at one of its regular meetings, or at a
special meeting held in such manner as the Governing Board may authorize.
     (g) Responding states required to
undertake or increase measures pursuant to this compact may receive moneys from
the Insurance Fund, either at the time or times when such state incurs
expenditures on account of such measures, or as reimbursement for expenses incurred
and chargeable to the Insurance Fund. The Governing Board shall adopt and, from
time to time, may amend or revise procedures for submission of claims upon it
and for payment thereof.
     (h) Before authorizing the expenditure of
moneys from the Insurance Fund pursuant to an application of a requesting
state, the Insurance Fund shall ascertain the extent and nature of any timely
assistance or participation which may be available from the Federal Government
and shall request the appropriate agency or agencies of the Federal Government
for such assistance and participation.
     (i) The Insurance Fund may negotiate and
execute a memorandum of understanding or other appropriate instrument defining
the extent and degree of assistance or participation between and among the
Insurance Fund, cooperating federal agencies, states and any other entities
concerned.
ARTICLE VII
Advisory and Technical Committees
     The Governing Board may establish advisory
and technical committees composed of state, local and federal officials, and
private persons to advise it with respect to any one or more of its functions.
Any such advisory or technical committee, or any member or members thereof may
meet with and participate in its deliberations. Upon request of the Governing
Board or Executive Committee an advisory or technical committee may furnish
information and recommendations with respect to any application for assistance
from the Insurance Fund being considered by such board or committee and the
board or committee may receive and consider the same: Provided that any
participant in a meeting of the Governing Board or Executive Committee held
pursuant to Article VI (d) of the compact shall be entitled to know the
substance of any such information and recommendations, at the time of the meeting
if made prior thereto or as a part thereof, or, if made thereafter, no later
than the time at which the Governing Board or Executive Committee makes its
disposition of the application.
ARTICLE VIII
Relations with Nonparty Jurisdictions
     (a) A party state may make application for
assistance from the Insurance Fund in respect of a pest in a nonparty state.
Such application shall be considered and disposed of by the Governing Board or
Executive Committee in the same manner as an application with respect to a pest
within a party state, except as provided in this Article.
     (b) At or in connection with any meeting
of the Governing Board or Executive Committee held pursuant to Article VI (d)
of this compact a nonparty state shall be entitled to appear, participate, and
receive information only to such extent as the Governing Board or Executive
Committee may provide. A nonparty state shall not be entitled to review of any
determination made by the Executive Committee.
     (c) The Governing Board or Executive Committee
shall authorize expenditures from the Insurance Fund to be made in a nonparty
state only after determining that the conditions in such state and the value of
such expenditures to the party states as a whole justify them. The Governing
Board or Executive Committee may set any conditions which it deems appropriate
with respect to the expenditure of moneys from the Insurance Fund in a nonparty
state and may enter into such agreement or agreements with nonparty states and
other jurisdictions or entities as it may deem necessary or appropriate to
protect the interests of the Insurance Fund with respect to expenditures and
activities outside of party states.
ARTICLE IX
Finance
     (a) The Insurance Fund shall submit to the
executive head or designated officer or officers of each party state a budget
for the Insurance Fund for such period as may be required by the laws of that
party state for presentation to the legislature thereof.
     (b) Each of the budgets shall contain
specific recommendations of the amount or amounts to be appropriated by each of
the party states. The requests for appropriations shall be apportioned among
the party states as follows: One-tenth of the total budget in equal shares and
the remainder in proportion to the value of agricultural and forest crops and
products, excluding animals and animal products, produced in each party state.
In determining the value of such crops and products the Insurance Fund may
employ such source or sources of information as in its judgment present the
most equitable and accurate comparisons among the party states. Each of the
budgets and requests for appropriations shall indicate the source or sources
used in obtaining information concerning value of products.
     (c) The financial assets of the Insurance
Fund shall be maintained in two accounts to be designated respectively as the “Operating
Account” and the “Claims Account.” The Operating Account shall consist only of
those assets necessary for the administration of the Insurance Fund during the
next ensuing two-year period. The Claims Account shall contain all moneys not
included in the Operating Account and shall not exceed the amount reasonably
estimated to be sufficient to pay all legitimate claims on the Insurance Fund
for a period of three years. At any time when the Claims Account has reached
its maximum limit or would reach its maximum limit by the addition of moneys
requested for appropriation by the party states, the Governing Board shall
reduce its budget requests on a pro rata basis in such manner as to keep the
Claims Account within such maximum limit. Any moneys in the Claims Account by
virtue of conditional donations, grants or gifts shall be included in
calculations made pursuant to this paragraph only to the extent that such
moneys are available to meet demands arising out of claims.
     (d) The Insurance Fund shall not pledge
the credit of any party state. The Insurance Fund may meet any of its
obligations in whole or in part with moneys available to it under Article IV
(g) of this compact, provided that the Governing Board takes specific action
setting aside such moneys prior to incurring any obligation to be met in whole
or in part in such manner. Except where the Insurance Fund makes use of moneys
available to it under Article IV (g) hereof, the Insurance Fund shall not incur
any obligation prior to the allotment of moneys by the party states adequate to
meet the same.
     (e) The Insurance Fund shall keep accurate
accounts of all receipts and disbursements. The receipts and disbursements of
the Insurance Fund shall be subject to the audit and accounting procedures
established under its bylaws. However, all receipts and disbursements of funds
handled by the Insurance Fund shall be audited yearly by a certified or
licensed public accountant and a report of the audit shall be included in and
become part of the annual report of the Insurance Fund.
     (f) The accounts of the Insurance Fund
shall be open at any reasonable time for inspection by duly authorized officers
of the party states and by any persons authorized by the Insurance Fund.
ARTICLE X
Entry into Force and Withdrawal
     (a) This compact shall enter into force
when enacted into law by any five or more states. Thereafter, this compact
shall become effective as to any other state upon its enactment thereof.
     (b) Any party state may withdraw from this
compact by enacting a statute repealing the same, but no such withdrawal shall
take effect until two years after the executive head of the withdrawing state
has given notice in writing of the withdrawal to the executive heads of all
other party states. No withdrawal shall affect any liability already incurred
by or chargeable to a party state prior to the time of such withdrawal.
ARTICLE XI
Construction and Severability
     This compact shall be liberally construed so
as to effectuate the purposes thereof. The provisions of this compact shall be
severable and if any phrase, clause, sentence or provision of this compact is
declared to be contrary to the constitution of any state or of the United
States or the applicability thereof to any government, agency, person or
circumstance is held invalid, the validity of the remainder of this compact and
the applicability thereof to any government, agency, person or circumstance
shall not be affected thereby. If this compact shall be held contrary to the
constitution of any state participating herein, the compact shall remain in
full force and effect as to the remaining party states and in full force and
effect as to the state affected as to all severable matters.
______________________________________________________________________________
[1981 c.699 §1]
     570.655
Meaning of “executive head.”
As used in the compact (ORS 570.650), with reference to this state, the term “executive
head” shall mean the Director of Agriculture or a designated and appointed
representative. [1981 c.699 §7]
     570.660
Cooperation of state agencies with Insurance Fund. Consistent with law and within available
appropriations, the State Department of Agriculture and other departments,
agencies and officers of
     570.665
Insurance Fund bylaws to be filed with State Department of Agriculture. Pursuant to Article IV (h) of the compact
(ORS 570.650), copies of bylaws and amendments thereto shall be filed with the
State Department of Agriculture. [1981 c.699 §3]
     570.670
Compact administrator. The
compact administrator for
     570.675
Application for assistance.
Within the meaning of Article VI (b) or Article VIII (a) (ORS 570.650), a
request or application for assistance from the Insurance Fund may be made by
the Director of Agriculture or a designated and appointed representative of the
director, whenever in the judgment of the director the conditions qualifying
this state for such assistance exist and it would be in the best interest of
this state to make such request. All such requests are subject to ORS 291.375. [1981
c.699 §5]
     570.680
Credit of expenditure to department account. The department, agency or officer expending or becoming liable for an
expenditure on account of a control or eradication program undertaken or
intensified pursuant to the compact shall have credited to the account of the
department, agency or officer in the State Treasury the amount or amounts of
any payments made to this state to defray the cost of such program, or any part
thereof, or as reimbursement thereof. [1981 c.699 §6]
IMPORTED
TIMBER PRODUCTS INSPECTION PROGRAM
     570.700
Definitions for ORS 570.700 to 570.710. As used in ORS 570.700 to 570.710:
     (1) “Bone dry ton” means 2,000 pounds of
wood chips dried to zero percent moisture.
     (2) “Imported” means from any source
outside North America and includes those states in
     (3) “Timber products” means any wood
product, including, but not limited to, finished lumber, rough cut lumber,
cants, logs, wood chips, sawdust and wood waste.
     (4) “Untreated” means not previously
treated so as to completely eliminate external and internal insect pests and
plant pathogens. [1995 c.450 §2]
     570.705
Legislative findings; timber product inspection; assessment of costs. (1) The Legislative Assembly finds that
imported, untreated timber products increase the hazards of introducing and
spreading injurious plant pests and diseases in this state and that the State
Department of Agriculture is directed to establish and implement an inspection
and control program to safeguard the health of trees and plants in this state.
     (2) In carrying out the provisions of this
chapter to prevent the introduction and spread of and to control injurious
plant pests and diseases, with regard to imported, untreated timber products,
the department is authorized to:
     (a) Inspect such timber products at any
facility that receives, handles, transports or processes such products.
     (b) Conduct testing and detection
activities aimed at plant pests and diseases that may be associated with
receiving, handling, transporting or processing such products.
     (c) Inspect import permits and bills of
lading relating to such products.
     (d) Establish regulations controlling the
handling, transportation and processing of such products.
     (e) Assess and collect from receivers,
handlers, transporters and processors of such products fees to recover for the
department the cost of conducting the program referred to in this section. [1995
c.450 §3]
     570.710
Fee for timber products health program. (1) Each person who takes first delivery in this state of imported,
untreated timber products on or after July 1, 1995, within one month after
taking delivery of such products, shall pay to the State Department of
Agriculture a timber products health program fee.
     (2) The department, by rule, shall
establish a fee schedule as follows:
     (a) For wood chips, a fee of not more than
50 cents per bone dry ton.
     (b) For timber products in any form other
than wood chips, not more than $5 per one thousand board feet.
     (3) All moneys received by the State
Department of Agriculture from the timber products health program fee shall be
paid into the State Treasury and credited to the Department of Agriculture
Service Fund. All such moneys are appropriated continuously to the State
Department of Agriculture to carry out the program required by ORS 570.705. [1995
c.450 §4]
PENALTIES
     570.990
Penalties. Violation of ORS
570.010 to 570.050, 570.105 to 570.200, 570.320 to 570.360, 570.410 and 570.515
to 570.600 is a Class A violation. [Amended by 1955 c.166 §1; 1961 c.394 §5;
1985 c.621 §6; 1999 c.1051 §202]
     570.995
Civil penalties. (1) In
addition to any applicable fine under ORS 570.990 or other penalty, a person
who violates a quarantine order issued under ORS 570.115, violates ORS 570.410
or fails to timely pay a fee required under ORS 570.710 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 a quarantine order
issued under ORS 570.115, violation of ORS 570.410 or failure to timely pay a
fee required under ORS 570.710 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.
     (6) Moneys from civil penalties recovered
under this section for violation of a quarantine order issued under ORS 570.115
are continuously appropriated to the department for the administration and
enforcement of quarantine laws under ORS 570.110 to 570.190, 570.196 and
570.200.
     (7) Moneys from civil penalties recovered
under this section for a violation of ORS 570.410 are continuously appropriated
to the department for the administration and enforcement of control area
programs.
     (8) Moneys from civil penalties recovered
under this section for failure to timely pay a fee under ORS 570.710 are
continuously appropriated to the department for the administration of the timber
products health program described under ORS 570.705 and 570.710. [1999 c.390 §4]
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