Oregon Administrative Code

603-052-0882 Willamette Valley Protected District (1) Willamette Valley Protected District (a) "Willamette Valley Protected District" means the area encompassed within a rectangle formed by the point in Tillamook County that is the northwest corner of township 1 north, range 6 we…

603-052-0884 Central Oregon Protected District (1) The following area is designated as the Central Oregon Protected Area: the entire counties of Crook, Deschutes and Jefferson. (2) Forage brassica and cover crop brassica may be grown but shall not be allowed to flower. (3) Rapese…

603-052-0886 Northeast Oregon Protected District (1) The following area is designated as the Northeast Oregon Protected District: the entire counties of Baker, Union and Wallowa, except the following part of Wallowa County which is designated as a general production area: Townshi…

603-052-0888 Malheur/Idaho Protected District (1) The following area is designated as the Malheur/Idaho Protected District: in Malheur County, a 3-mile wide strip of land along the Idaho border from the point where Payette County, Idaho's northern border intersects Malheur County…

603-052-0901 Research, Summary, Changes (1) Research Permits. The Department may issue research permits in any protected district providing exemptions to the rapeseed control area rules for the purpose of research. Persons requesting a research permit shall petition the Departmen…

603-052-0921 Violations (1) No person shall violate any control area rule governing the production of Brassicaceae in Oregon. (2) Consistent with ORS 561.280 and 570.405 and in addition to any other lawful remedy, the Director may bring an action to enjoin the violation or threat…

603-052-1020 Quarantine Against Powdery Mildew of Hops (1) Establishing Quarantine: A quarantine is established against the powdery mildew disease of hops caused by the fungus Podosphaera macularis (Wallr.) U. Braun & S. Takam. (= Sphaerotheca humuli (DC.) Burr. and Podosphaera h…

603-052-1025 Quarantine; Small Broomrape (1) Establishing Quarantine. A quarantine is established to prevent the spread of small broomrape, Orobanche minor, within Oregon and to protect markets for Oregon seed crops. This quarantine is established under ORS 561.510 and 561.540 to…

603-052-1030 Control Area Against Rough Bluegrass in Union County (1) As authorized by ORS 570.405, a control area is established in Union County against the production or handling of rough bluegrass, Poa trivialis, since such production or handling would pose a potential threat …

603-052-1040 Control Area Against Rough Bluegrass in Morrow and Umatilla Counties (1) As authorized by ORS 570.405, a control area is established in Morrow and Umatilla Counties against the production or handling of rough bluegrass, Poa trivialis, since such production or handlin…

603-052-1050 Control Area Against Creeping Annual Bluegrass in Union County (1) As authorized by ORS 570.405, a control area is established in Union County against the production or handling of the perennial creeping type of annual bluegrass, Poa annua var. reptans, since such pr…

603-052-1060 Control Area Against Creeping Annual Bluegrass in Morrow and Umatilla Counties (1) As authorized by ORS 570.405, a control area is established in Morrow and Umatilla Counties against the production or handling of the perennial creeping type of annual bluegrass, Poa a…

603-052-1075 Control Area for Emerald Ash Borer (1) Definitions (a) “Nursery Stock” means plants and plant parts there of, including but not limited to roots, scions, grafts, cuttings, forest and ornamental trees and shrubs and plants collected in the wild that are grown and kept…

603-052-1080 Firewood Restrictions To Prevent Transport Of Invasive Species (1) This rule is established as authorized under ORS 561.510, 570.305 and 570.720 to protect the State of Oregon from the introduction of invasive species, including non-native wood-boring insects and pla…

603-052-1090 Civil Penalty Matrix (1) Magnitude of violation: The commission of prohibited acts specified below has been determined to be a minor, moderate, or major violation. (a) Minor: (A) Failure to maintain proper certificates or paperwork as required. (B) Importing firewood…

603-052-1100 Purpose These rules guide the Oregon State Department of Agriculture, Plant Division, in administering its Imported Timber Products Inspection Program, as provided in ORS 570.700 to 570.710. Statutory/Other Authority: ORS 561.190, 570.305 & 570.700 - 570.710 Statutes…

603-052-1110 Definitions The following definitions apply to OAR 603-052-1100 to 603-052-1130: (1) “Imported” means timber products from any source outside North America and includes those states in Mexico not adjacent to the United States. Also included are timber products brough…

603-052-1120 Notification (1) The importer of untreated timber products shall notify the Oregon Department of Agriculture in writing or by FAX (Oregon Dept. of Agriculture, Plant Division, 635 Capitol St. NE, Salem, OR 97310; FAX (503) 986-4786) at least seven days in advance of …

603-052-1130 Fees (1) Treated timber products are not subject to these fees. (2) The importer of untreated timber products shall pay to the Oregon Department of Agriculture a timber products health program fee according to the following schedule: (a) Wood chips: 50 cents per bone…

603-052-1150 Laboratory Fees for Official, Regulatory and Service Samples (1) The following fees and charges are established for laboratory or other testing services including sample processing, analysis and issuance of certificates or official reports. The basic fee for official…

603-052-1200 Quarantine; Noxious Weeds (1) Establishing Quarantine. A quarantine is established against the noxious weeds listed herein. Noxious weeds have been declared a menace to the public welfare (ORS 569.180 and 569.350) because of the environmental and economic degradation…

603-052-1205 Weed-Free Tree Seedling Nurseries (1) Nursery-grown tree seedlings for commercial forest production can spread noxious weeds if they become contaminated with weed seeds. In order to prevent the spread of noxious weeds, it is necessary to keep them out of the seedling…

603-052-1206 Definitions As used in OAR 603-052-1206 to 603-052-1211 unless the context requires otherwise: (1) “Giant reed” or “giant cane grass” means the plant species Arundo donax L. For purposes of this rule the term “giant reed” or “giant cane grass” applies to whole plants…

603-052-1209 Purpose Giant reed, Arundo donax, is a promising bio-energy crop because of its high biomass yield. It is also grown as an ornamental and as a source of reeds for woodwind instruments. Giant reed is highly invasive in riparian areas in some regions of the United Stat…

603-052-1211 Control Area (1) As authorized by ORS 570.405, a statewide control area is established to reduce the risk of uncontrolled spread of giant reed into the environment in order to protect the horticultural, agricultural or forest industries of the state. (2) Extent of Co…

603-052-1221 Quarantine; Glassy-Winged Sharpshooter (1) Establishing a Quarantine. A quarantine is established against glassy-winged sharpshooter, Hoalodisca coagulata. This quarantine is established under ORS 561.510 and 561.540 to protect Oregon's agricultural industries from t…

603-052-1230 Quarantine: Phytophthora ramorum (1) Establishing a quarantine: A quarantine is established against Phytophthora ramorum, the cause of sudden oak death and other plant diseases. This quarantine is established under ORS 561.510 and 561.540 to protect Oregon's agricult…

603-052-1236 Biopharmaceutical Crops (1) As authorized by ORS 561.738 and 561.740 a system is established for joint federal-state oversight of biopharmaceutical crops in Oregon. (2) Memoranda of understanding (MOU’s). (a) ORS 561.740 authorizes the Director of Agriculture and an …

603-052-1240 Bentgrass Control Area in Jefferson County (1) Definitions: As used in this rule: (a) "Modern biotechnology" means genetic modification of organisms by recombinant DNA techniques. (b) "Conventionally bred" means traditional plant breeding not involving genetic modifi…

603-052-1241 Quarantine: Rathayibacter toxicus (1) Establishing a quarantine. A quarantine is established against Rathayibacter toxicus, the cause of bacterial gummosis of seed heads. This quarantine is established under ORS 561.510 and 561.540 to protect Oregon's agricultural in…

603-052-1245 Blueberry Nursery Stock Control Area (1) A Control area is established as authorized under ORS 570.405 to 570.435 to protect Oregon's blueberry fruit industry from the introduction of blueberry scorch virus. Blueberry scorch virus is an aphid-borne plant disease that…

603-052-1300 Purpose and General Information (1) The purpose of these rules is to protect Oregon’s agriculture, economy, biodiversity, natural resources, and native species from harmful plant pests (ORS 570.205). These rules further this goal by regulating human activities associ…

603-052-1310 Definitions As used in these rules, unless the context or a specially applicable definition requires otherwise: (1) “Approved species” means an invertebrate species that is not a plant pest that the Department has placed on the approved list. (2) “Department” or “ODA…

603-052-1320 Approved Species (Non-Regulated) (1) Invertebrate species listed as approved may be imported, possessed, sold, purchased, exchanged, transported, or released in Oregon without a permit from the Department. This applies only to stock collected within the continental U…

603-052-1330 Changes to List of Approved Invertebrates (1) Interested persons may petition the Department to make changes or additions to the list of approved invertebrates by following the procedures in the Administrative Procedures Act, ORS 183.390. (a) The agency must either d…

603-052-1340 Permits (1) The Department may issue a permit allowing the possession or movement of a plant pest within this state only if the Department determines that the proposed possession or movement will not create a hazard to agricultural, forest or horticultural interests …

603-052-1350 Premises and Permit Accessible to Department Officials Department officials shall have access to the premises where the invertebrates are housed and to the permit during normal business hours. The permit holder must keep a copy of the permit until it expires, the inv…

603-052-1360 Violations (1) A plant pest, other than a plant pest possessed or moved in compliance with these rules is a public nuisance. (2) The Department may abate a public nuisance as described in ORS 570.105–570.190 including the summary processes described in 570.170 and 57…

603-052-1370 Civil Penalties (1) In addition to any applicable fine or other penalty, the Department may impose a civil penalty not to exceed $10,000 if a person violates these rules or the conditions of a permit obtained from the Department pursuant to OAR 603-052-1340 above. Se…

603-052-1380 Invasive Species Council: Voting process, responsibilities and duties for Chair and Co-Chair (1) Each calendar year, the Invasive Species Council members shall convene a quorum and by a majority, vote to select a voting member of the council to serve as the Chairpers…

603-052-1391 Quarantine: Importation of aquatic nursery stock infested with zebra mussels (1) Area under quarantine. All states, districts and territories of the United States. (2) Commodities covered. The aquatic nursery stock Aegagropila linnaei (moss balls), and any other aqua…

603-052-1400 Quarantine Against Allium Leafminer (1) A quarantine will be established against the Allium leafminer, ALM. Areas under quarantine will include any parts of the United States where ALM is known to exist. Allium spp. host material from these areas will be prohibited u…

603-052-3000 Purpose Cannabis may be lawfully cultivated in Oregon in a carefully controlled manner consistent with the laws of this state. However, cannabis if not carefully cultivated or controlled may lead to cannabis plants becoming quickly established in areas of private or …

603-052-3010 Applicability (1) The responsibility for the eradication and control of uncontrolled cannabis rests on cannabis producers, individual landowners and operators and any other persons who may be responsible for the establishment or spread of uncontrolled cannabis. (2) N…

603-052-3020 Definitions (1) “Cannabis” means the whole plant and seeds of the plant genus Cannabis within the plant family Cannabaceae including marijuana and industrial hemp that is growing on any lands within Oregon. (2) “Cannabis producer” means a person lawfully cultivating …

603-052-3030 Control Area and Control Area Measures (1) Lands covered. All lands in Oregon not subject to tribal control constitutes the control area for the purposes of these rules. (2) Cultivation and harvest of cannabis within the control area. The cultivation and harvest of c…

603-053-0100 Fees and Charges for Hop Sampling and Analytical Services The following fees and charges are established for hop sampling and analytical services: (1) Lot inspection — $1.25 per bale (Minimum Charge — $35 per lot); (2) 17¢ per bale additional for brewers value; (3) S…

603-053-0200 Inspection Fees For Agricultural Products The following fees and charges are established for grading, inspection, and certification of horticultural and agricultural products and processes. Fees will be established in an amount reasonably necessary to cover the cost …

603-053-0250 Inspection Fees for Certification Program Services The following fees and charges are established for inspection, reporting and certification of horticultural and agricultural products and processes. Fees will be established in an amount reasonably necessary to cover…

603-053-0400 Definitions (1) “Department” means the Department of Agriculture of the State of Oregon. (2) “Director” means the Director of the Department of Agriculture. (3) “Shipping Point Inspection Program (SPI)” means the state and/or federal inspection program for fruits, ve…