Oregon Administrative Code

603-095-4055 Compliance and Enforcement Procedures (1) Upon finding that a person has engaged in removal-fill activities for the maintenance of a traditionally maintained channel without a permit required under ORS 196.810 and in violation of ORS 196.911, 196.913, or 196.915, and…

603-095-4060 Expedited Review (1) Upon a request from the person submitting a notice under ORS 196.911 and these rules, the Oregon Department of Agriculture and the Oregon Department of Fish and Wildlife may provide for expedited review under ORS 196.915(4) and these rules, if th…

603-095-5000 Purpose and Authority (1) In 1990, the Oregon Department of Environmental Quality designated approximately 550 square miles in northern Morrow and northeastern Umatilla counties as a groundwater management area because levels of nitrate in groundwater exceed federal …

603-095-5005 Geographic and Programmatic Scope (1) The operational boundary for the agricultural land subject to these area rules is in Appendix A and includes all agricultural land within the LUBGWMA that is not otherwise subject to a National Pollution Discharge Elimination Sys…

603-095-5010 Definitions For the purposes of these area rules unless the context requires otherwise. (1) “Agricultural activities” means engaging in any generally accepted, reasonable and prudent method of raising or producing livestock or livestock products or growing or harvest…

603-095-5015 Prohibited Acts (1) Fertilizer may not be applied to agricultural land within the LUBGWMA in a manner that causes pollution of the groundwater of the state or in a manner that places wastes in a location where such wastes are likely to escape or be carried into the g…

603-095-5020 Land Application Rates and Restrictions (1) A landowner growing agricultural crops or commodities on agricultural land within the LUBGWMA shall employ nitrogen management measures when applying fertilizer. (2) Prior to the first application of fertilizer each calenda…

603-095-5025 Irrigation Water Management (1) A landowner within the LUBGWMA shall manage irrigated agricultural land to minimize the downward movement of nitrate in the soil by managing irrigation water so that the amount of water applied from the combination of precipitation and…

603-095-5030 Animal Pasturing (1) A landowner grazing livestock on pasture within the LUBGWMA shall: (a) Rotate livestock and limit livestock numbers to prevent bare ground and shall promote and maintain adequate vegetative cover. (b) Shall match livestock requirements with the a…

603-095-5035 Control Measures for Irrigated Agriculture on Large Acreages (1) The provisions of OAR 603-095-5035 – 5065 govern agricultural activities on agricultural land where the total land acreage under the ownership or control of a landowner is equal to or greater than 500 a…

603-095-5040 Annual Nitrogen Plan (1) Each calendar year, prior to the first application of fertilizer, a landowner subject to this rule shall prepare an annual nitrogen plan that demonstrates that fertilizer will be applied only at the agronomic application rate necessary to sup…

603-095-5045 Annual Nitrogen Plan Contents An annual nitrogen plan shall include each of the following elements. (1) Landowner Name. Record the name of the landowner and the name of the operator if operator is not the owner of the land. If a certifier prepares the form, then the …

603-095-5050 Post-Harvest Summary Records (1) Each calendar year, following implementation of an annual nitrogen plan, a landowner subject to this rule shall prepare a post-harvest summary record on a worksheet provided by the department or according to a format otherwise used by…

603-095-5055 Annual Nitrogen Plan Evaluation (1) A landowner subject to this rule has met or followed an annual nitrogen plan if, for each field, application of fertilizer at an agronomic application rate has resulted in achieving a crop’s estimated yield, post-harvest soil nitra…

603-095-5060 Certification of Annual Nitrogen Plans Annual nitrogen plans shall be certified in one of the following ways: (1) Certified by an irrigation and nitrogen management plan specialist. (a) Specialists may include Certified Professional Soil Scientists by the Soil Scienc…

603-095-5065 Soil Sampling Protocol (1) Pre-planting soil samples or soil samples taken prior to mid- or late-season fertilizer application shall be collected at the depth of the crop root zone according to the applicable protocol in Oregon State University Extension Service Publ…

603-095-5070 Large Irrigated Acreages Program Evaluation (1) The department shall conduct an evaluation of agricultural operations with large irrigated acreages as described in OAR 603-095-5035(1) to determine whether and to what extent the nitrogen management measures and annual…

603-095-5075 Specific Action Requirements (1) A landowner conducting agricultural activities on agricultural land may be required to undertake additional, site-specific practices designed to prevent waste from entering the groundwater of the state if after inspection of an agricu…

603-095-5080 Complaints and Investigations (1) When the department receives notice of an alleged occurrence of pollution resulting from agricultural activities on agricultural land within the LUBGWMA through a written complaint, its own observation, through notification by anothe…

603-100-0000 Definitions As used in OAR 603-100-0000 to and including 603-100-0050 and in addition to the definitions set forth in ORS 622.010 and 622.080, the following shall apply: (1) "Director" means the Director of the Department of Agriculture or authorized representative. …

603-100-0010 Sanitation of Shellfish Growing Areas and Harvesting, Processing and Distribution of Shellfish As provided in ORS 622.180, the National Shellfish Sanitation Program, Guide for the Control of Molluscan Shellfish, 2023 Revision, is hereby adopted as the rules governing…

603-100-0030 Submission of Plans (1) Plans for a new shellfish plant or storage facility construction or existing plant remodeling shall be submitted to the Department for review and approval at least 90 days prior to actual construction. (2) Plans shall be submitted as blue-prin…

603-100-0040 Growers and Harvesters (1) Growers and Harvesters must deliver shellfish intended for human consumption to a shellfish shipper certified by the Oregon Department of Agriculture within 24 hours of harvest. (2) Growers and Harvesters may only sell shellfish intended fo…

603-100-0050 Shellstock Harvesting and Distribution from Non-Interstate Approved Harvest Areas (1) Each tag of any shellstock harvested from a non-interstate approved harvest area shall include the following statement in bold capitalized type, “OREGON DISTRIBUTION ONLY.” (a) This…

603-100-0100 Certificate Fees; Rules As provided in ORS 622.080, the Oregon Department of Agriculture establishes the following fees for persons engaged in the growing, production, harvesting or distribution of shellfish: (1) Persons who receive $50,000 or less in annual gross in…

603-100-0105 Closure of Operations of Person Who Fails to Obtain a Required Certificate or Whose Certificate Lapses If a person fails to obtain a required certificate, or if a person allows a required certificate to lapse, the Department may order the closure of such person’s ope…

603-100-0110 Annual Fees As provided in ORS 622.290, the Oregon Department of Agriculture establishes the following annual cultivation fees for the use of state lands to cultivate oysters, clams, or mussels: (1) For growing areas that have been classified as prohibited, persons s…

603-100-0900 Purpose The Oregon Department of Agriculture Food Safety Program licenses and inspects all facets of Oregon’s food distribution system, except restaurants, to ensure food is safe for consumption. Education and technical assistance are vital to the prevention, correct…

603-100-0910 Definitions As used in OAR 603-100-0920 through 603-100-0930, unless otherwise required by the context, the following terms will be construed to mean: (1) “Interference” means hindering or impeding an activity or process, which includes, but is not limited to any har…

603-100-0920 Schedule of Civil Penalties In addition to any penalty available under ORS 561.190 or 622.992, the Department may impose a civil penalty with respective amounts for: (1) Acting as a dealer without the certificate or certificates of shellfish sanitation issued by the …

603-100-0930 Penalty factors; procedure (1) In imposing a penalty pursuant to the schedule adopted pursuant to ORS 621.995, the Department shall consider the following factors, which are listed in prioritized order: (a) The immediacy and extent to which the violation threatens th…

603-110-0100 Purpose (1) Improving fish and wildlife habitat and water quality can not succeed through laws and government actions alone. These rules implement ORS 541.423 which reflects and depends upon Oregonians characteristic spirit of volunteerism and stewardship. The rules …

603-110-0200 Definitions The following definitions apply to OAR 603-110-0100 through 603-110-1100. (1) "Landowner" means the owner identified in the management plan and any agent or consultant authorized by the owner to implement the management plan. (2) "Stewardship agreement" m…

603-110-0300 Stewardship Agreement Application Process (1) Landowner must submit a written application on a form provided by the Departments. Information required includes: (a) Name, contact information, property location, total acres, county, etc. (b) Name of watershed the prope…

603-110-0400 Application Review (1) Applications will be reviewed jointly by the Departments. (2) Application review will include a review of the past record of compliance with applicable laws and regulations regarding land use and management. (3) The Departments will accept appl…

603-110-0500 Criteria To Evaluate Adequacy Of A Landowner Management Plan To Meet Purpose Of Rules (1) The management plan will include provisions to protect or conserve fish and wildlife habitat, water resources, and soil resources appropriate to the property and consistent with…

603-110-0600 Stewardship Agreement (1) The agreement will include the landowner’s commitment to: (a) Implement the activities and monitoring identified in this agreement for enhancing conservation, restoration, and improvement of fish and wildlife habitat or water quality. (b) Co…

603-110-0700 Decision Authority (1) The State Forester is delegated full authority by the Board of Forestry to implement the provisions of ORS 541.423, including but not limited to review of management plans and preparation and approval of stewardship agreements. (2) Prior to app…

603-110-0800 Stewardship Agreement Audits (1) The Department(s) will conduct periodic audits with the landowner on lands under a stewardship agreement. (2) The landowner will provide authorization for the Department (or its designated agent) that is party to the stewardship agree…

603-110-0900 Revising Stewardship Agreements (1) The landowner and the Departments will cooperatively revise the stewardship agreement if: (a) The landowner requests a revision; (b) An audit report recommends revising the stewardship agreement; (c) Any portion of the land changes…

603-110-1000 Terminating Stewardship Agreements (1) The appropriate Department will issue a written notice to terminate a stewardship agreement when: (a) The landowner is negligent in meeting the terms of the stewardship agreement; (b) The landowner willfully disregards the terms…

603-110-1100 Periodic Review of Program (1) An interagency review of the Departments’ implementation of the stewardship agreement program will be produced biennially, and presented to the Board of Forestry and Board of Agriculture. This report will include: (a) A description of t…

603-111-0010 Posting of Gasoline Excise Taxes at Retail Gas Stations Definitions (1) “Gas Station” means a place of business where gasoline is sold as a fuel for motor vehicles. (2) “CFP” means the ODEQ Clean Fuels Program adopted by rule pursuant to ORS 468A.266 and OAR 340-253-…

603-111-0020 Posting of Gasoline Taxes Posting of Gasoline Excise Taxes (1) Gas stations must post the following gasoline excise tax information either on or near the gasoline dispensers, on the point of sale receipt, or the customer’s periodic invoice: (a) the current federal ga…

603-111-0030 Option to Post the Cost per Gallon of the CFP Option to Post the Cost per Gallon of the CFP. (1) Posting the cost per gallon of the CFP at a gas station is optional. (2) If the owner or operator of a gas station posts the cost per gallon of the CFP at a gas station t…

603-111-0040 Enforcement Proceedings; Civil Penalties Enforcement Proceedings; Civil Penalties (1) Each violation of any provision of ORS 646.932 or rules implementing that provision is a separate and distinct violation, and, in cases of continuing violations, each day's continua…

604-001-0000 Procedure for Notice of Intended Rulemaking Before adopting, amending or repealing any permanent rule, the Oregon Chewings Fescue and Creeping Red Fescue commission will give notice of the intended action. (1) In the Secretary of State’s Bulletin, referred to in ORS …

604-010-0005 Definitions As used in OAR 604-010-0011 and 604-010-0015, unless otherwise required by context: (1) "Person" means any individual, corporation, association, partnership, and joint stock company. (2) "Commission" means the Fine Fescue Commission. (3) "Casual Sale" mea…

604-010-0011 Assessments (1) Any person who is a first purchaser (or who otherwise is required to pay an assessment to the Oregon Fine Fescue Commission) for all purchases made on or after April 1, 2002, shall deduct and withhold an assessment of one percent (1%) of the price per…

604-010-0015 Reports and Payment by First Purchaser (1) First purchasers and handlers, as defined in 604-010-0005(4) and (6), must submit completed and signed assessment reports on commission approved form. (2) Assessment reports shall include all purchases by or deliveries to a …