Oregon Administrative Code

603-059-0070 Investigational Allowances, Minimum Detection Limits (1) Investigational allowance means an allowance for variations inherent in the taking, preparation and analysis of an official sample. The following investigational allowances provide enforcement consistency in de…

603-059-0080 Enforcement Guidelines (1) In addition to any other penalty provided by law, the Director may assess civil penalties for prohibited acts identified in ORS 633.366. Civil penalties will be issued in accordance to the magnitude of the violation. The department is not p…

603-059-0100 Limits of Non Nutritive Constituents (1) Fertilizer, agricultural amendment, agricultural mineral and lime products sold or distributed in the state and required to be registered with the Department shall be limited in the level of the metals arsenic (As), cadmium (C…

603-060-0010 Purpose and Scope This division establishes procedures for a ginseng management program administered by the Oregon Department of Agriculture as authorized by Oregon Laws 1997 Chapter 9. Statutory/Other Authority: ORS 561.190 & OL 1997 & Ch. 9 Statutes/Other Implement…

603-060-0020 Definitions As used in this division, the following definitions apply: (1) “Certificate of Origin” means a legal document required for out-of-state or foreign trade attesting to the fact that a specific lot of ginseng was legally cultivated and harvested in Oregon. (…

603-060-0030 Growers and Dealers: Licensing (1) No person may act as a grower or a dealer unless he or she is licensed with the department. Persons selling cultivated ginseng to dealers and/or out-of-state or foreign buyers must license as growers. Persons growing ginseng solely …

603-060-0040 Sale or Shipment of Cultivated Ginseng (1) The department shall, upon request, provide each licensed grower or dealer with certificates of origin. The department shall stamp each certificate of origin with the license number of the grower or dealer. A certificate of …

603-060-0050 Possession of Certified Wild Ginseng Oregon certificates of origin can not be used to certify wild ginseng. Wild ginseng roots legally certified in other states may be purchased, sold, transported, or exported within and out of state only by dealers licensed by the d…

603-060-0060 Ginseng Advisory Committee (1) The Ginseng Advisory Committee shall consist of five members, representing both growers and dealers, appointed by the Director. The term of each member shall be three years from the date of appointment, except initially terms of one, tw…

603-060-0070 Enforcement Actions (1) No person may knowingly include false information on any document or record required under this division, or submit false information to the department in connection with licensing in accordance with section 603-060-0030. No person may knowing…

603-060-0080 Civil Penalty (1) In addition to any other liability or penalty provided by law, the Director of Agriculture may impose a civil penalty on a person for violation of any of the provisions of 603-060. The civil penalty for a first violation shall be a fine of not more …

603-060-0090 Criminal Penalty Violation of any of the provisions of 603-060 is a misdemeanor. Statutory/Other Authority: ORS 561.190 & OL 1997 & Ch. 9 Statutes/Other Implemented: OL 1997 & Ch. 9 History: AD 5-1997, f. & cert. ef. 6-4-97

603-070-0005 Hearing Upon a Petition for the Formation of a District The administrative procedures applicable to a hearing upon a petition for the formation of a district, as provided for in ORS 568.310, and the department’s determination resulting therefrom, as provided for in O…

603-070-0010 Hearing Upon a Petition or Resolution to Consolidate Districts The administrative procedures applicable to a hearing upon a petition to consolidate districts, as provided for in ORS 568.450, shall be those specified in OAR 603-001-0005. Statutory/Other Authority: ORS…

603-070-0015 Hearing Upon a Petition to Discontinue a District The administrative procedures applicable to a hearing upon a petition to discontinue a district, as provided for in ORS 568.480, shall be those specified in OAR 603-001-0005. These provisions shall also apply to consi…

603-070-0020 Hearing by a District Upon Land-Use Rules The administrative procedures applicable to promulgation of land-use rules by a district, as provided for in ORS 568.630, shall be those specified in OAR 603-001-0005. Statutory/Other Authority: ORS 561 Statutes/Other Impleme…

603-071-0005 Referendum on the Creation of a District As authorized by subsection (1) of ORS 568.380, the administrative procedures applicable to a referendum on the creation of a district, as provided for in ORS 568.350 and 568.360, shall be as follows: (1) The department shall …

603-071-0010 Referendum on the Consolidation of Districts The administrative procedures applicable to a referendum on the consolidation of districts, as provided for in ORS 568.450 and 568.460, shall be those specified in OAR 603-071-0005, except the ballots shall provide for app…

603-071-0015 Referendum on the Discontinuance of a District The administrative procedures applicable to a referendum on the discontinuance of a district, as provided for in ORS 568.480, shall be those specified in OAR 603-071-0005, except the ballots shall conform with the provis…

603-071-0020 Referendum on District Adoption of Land-Use Rules Subject to the requirements of ORS 568.640 and 568.650, the administrative procedures applicable to a referendum on promulgation of land-use rules, as provided for in ORS 568.640, shall be those specified in OAR 603-0…

603-071-0025 Procedure for District Zoning and Elections Affected Thereby In accordance with the provisions of subsection (1) of ORS 568.560, whereby the department is directed to provide for the zoning of each Soil and Water Conservation District in order to assure proper repres…

603-071-0030 Nominating Petitions for Directors (1) Except as provided in section (4) of this rule, nominating petitions of candidates for director to be voted for at a general election shall be filed with the department no later than the 70th day before the date of the election.…

603-072-0005 Purpose ORS 568.801 directs the department to adopt procedures to be utilized by soil and water conservation districts desiring to implement streambank erosion control or stream corridor management projects, which are to be funded in whole or in part with state funds…

603-072-0010 Definitions As used in OAR 603-072-0005 to 603-072-0025: (1) “Stream Corridor” means a perennial stream and its associated natural fringe and trees, which includes the area occupied by normal high water, the area in which the stream meanders, or in recent decades has…

603-072-0015 Eligibility Any soil and water conservation district may apply to the department for implementation of a streambank erosion control or stream corridor management project so as to be eligible for partial state or federal funding of such activity. Another soil and wate…

603-072-0020 Application Procedures Applications for implementation of streambank erosion control or stream corridor management projects shall be on forms prescribed by the department, and shall contain all information requested therein. The application forms may be obtained from…

603-072-0025 Departmental Determination on Application Upon receipt of an application pursuant to OAR 603-072-0020, the department shall: (1) Review the application for completeness of information; (2) Consider the feasibility, public benefits and environmental effects of the pro…

603-073-0001 Purpose and Scope These rules, authorized by ORS 564.040 and 564.105(6), are intended to provide for: protection of certain plants, wildflowers, and shrubs; guidelines on the listing, reclassification, and delisting of plant species as threatened or endangered; devel…

603-073-0002 Definitions of Terms As used in these rules: (1) “Action” or “Land Action” means any activity resulting, or potentially resulting, in the taking of a threatened or endangered species, including all ground disturbing, vegetation disturbing, plant growth suppressing, o…

603-073-0003 Prohibitions (1) Willful or negligent cutting, digging, trimming, picking, removing, mutilating, or in any manner injuring, or subsequently selling, transporting, or offering for sale any plant, flower, shrub, bush, fruit, or other vegetation growing on the right of …

603-073-0005 List of Protected Wildflowers In addition to the genera listed in ORS 564.020(3), it is unlawful for any person to export from this state, or to sell or offer for sale, or to transport plants of any of the following genera or species, subject to the exceptions descri…

603-073-0010 Application (1) With the exception of the department’s authority to regulate the import, export, and commercial trafficking of threatened and endangered species, per ORS 564.120(1), nothing in OAR 603-073-0030 through 603-073-0110 shall be interpreted to require the …

603-073-0030 Criteria for the Listing, Reclassification, and Removal of Plant Species from the State List (1) The director, by rule, shall list a plant species as endangered or threatened, reclassify a listed plant species, or remove a listed plant species from the state list, in…

603-073-0040 Procedures for Petitioning the Listing, Reclassification, or Removal of Plant Species from the State List (1) Any person may petition the director to list, reclassify, or delist plant species on the state list, as provided in ORS 564.110(5). The department shall prov…

603-073-0050 Temporary Listing (1) Notwithstanding any other provisions of ORS 564.100–564.135 and these rules, the director shall adopt a temporary rule to add a plant species to the state list if there is a significant and immediate threat to the continued existence of the spec…

603-073-0060 Periodic Review of State List (1) The director shall review each listed species at least once every five years to determine if documented evidence exists to justify reclassification from threatened to endangered or vice versa, removal from the state list, or a recomm…

603-073-0070 State List of Endangered and Threatened Species The state list of endangered and threatened species is as follows: (1) Plant Species Listed as Endangered: (a) Abronia umbellata Lam. var. breviflora (Standl.) L. A. Galloway — Pink sand-verbena; (b) Arabis mcdonaldiana…

603-073-0080 Candidate Species (1) The director shall maintain a list of candidate species that includes those native species that have potential of qualifying as threatened or endangered after additional study and evaluation, and based on the opinions of the department, the Tech…

603-073-0090 Protection and Conservation Programs (1) The department shall develop guidelines for the establishment, by rule, of conservation and protection programs for listed species on state-managed lands. These programs may stipulate or recommend activities associated with re…

603-073-0100 Permits and Transactions in Threatened or Endangered Species (1) No person shall take, or attempt to take, or knowingly transport for the purpose of introduction, any listed plant species without first having obtained permission from the person who owns or leases the…

603-073-0110 Reintroduction and Transplantation Protocols (1) The department may artificially augment populations of listed species in appropriate habitat on state-managed lands, or on other lands with permission of the owner. Such activities may include adding new plants to an e…

603-074-0005 Purpose These rules guide the Oregon State Department of Agriculture, Natural Resources Division in administering its Confined Animal Feeding Operation Program. In interpreting and applying these rules the Department may consider variations in soils and climate, and …

603-074-0010 Definitions Unless the context or OAR chapter 340, division 051 or 052 require otherwise, as used in these rules: (1) “Animal unit” means a unit of measure used to compare animals of different species, equal to 1,000 pounds of live weight. (2)"Annual fee" means that …

603-074-0011 Permit Designations Table describes CAFO permit designations based on animal type and numbers. [ED. NOTE: To view attachments referenced in rule text, click here for PDF copy.] Statutory/Other Authority: ORS 561.190, 561.191, 561.255, 468B.050 & 468B.215 Statutes/Oth…

603-074-0012 Permit Application Procedures (1) Except as provided in OAR 603-074-0020 below, permits for CAFOs will be issued under the applicable provisions of OAR chapter 340, division 45. (2)(a) Before submitting an application for a permit for a new large CAFO or an expanding…

603-074-0014 Adoption of General Permits (1) General permits may be issued by agency order or through rulemaking. A complete copy of each general permit is available for inspection at the Oregon Department of Agriculture, Natural Resources Division, 635 Capitol St. NE, Salem, Ore…

603-074-0016 Complaint Evaluation (1) "Complaint" means information provided by a complainant concerning possible violations of ORS Chapter 468 or 468B or any rule, order, or permit adopted thereunder and relating to the control and prevention of water pollution from a CAFO. (2) …

603-074-0018 Construction Requirements (1) For existing operations not previously permitted, in lieu of Department approval of plans and specifications as required by OAR 340-051-0015, the Department will accept certification by a licensed engineer that waste water control facili…

603-074-0019 Water Supply Plan (1) A WSP shall identify all sources of the water that will be used to supply the level and duration of the water needs of the CAFO, including any ancillary operations of the CAFO, as described in the application, including but not limited to: irrig…

603-074-0020 Permit Fees (1) Each CAFO operating under an NPDES or WPCF Permit is subject to a two-part fee consisting of the new permit application fee and annual fee as described in this rule. (2) A person submitting an application for an NPDES or WPCF CAFO Permit must, at the …