Chapter 561 — Chapter 561

ORS 561.005 Definitions. As used in this chapter, unless the context requires otherwise

0.2K chars

ORS 561.010 State Department of Agriculture; director, appointment, confirmation and term. There is created a department of the government of this state to be known as the State Department of Agriculture. The executive officer of the department shall be the Director of Agriculture who shall execute all matters pertaining to the department, subject to policy direction by the State Board of Agriculture. The director shall be appointed by the Governor, subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565, and shall serve during the pleasure of the Governor. [Amended by 1959 c.639 §3; 1973 c.792 §24; 1977 c.198 §1]

0.0K chars

ORS 561.020 Responsibility as to inspectional, regulatory and development work. (1) The State Department of Agriculture shall have full responsibility and authority for all the inspectional, regulatory and market development work provided for under the provisions of all statutes which the department is empowered and directed to enforce

0.7K chars

ORS 561.030 Seal; principal office; authority to acquire real property. (1) The State Department of Agriculture shall adopt an official seal. It shall maintain its principal office in the state capital at Salem

1.0K chars

ORS 561.040 Organization. Subject to policy direction by the State Board of Agriculture, the Director of Agriculture shall organize and reorganize the work of the State Department of Agriculture. [Amended by 1955 c.572 §9; 1959 c.639 §6; 1977 c.198 §2]

0.0K chars

ORS 561.050 Division chiefs. Subject to any applicable provisions of the State Personnel Relations Law, the chiefs of the divisions shall be appointed by the Director of Agriculture. [Amended by 1959 c.639 §7]

0.0K chars

ORS 561.060 Salaries and bonds of employees. (1) The Director of Agriculture shall execute bonds to the State of Oregon in the penal sum of $20,000, conditioned upon the faithful performance of the duties of director

0.5K chars

ORS 561.070 Assistants and employees; appointment, classification and duties. (1) The Director of Agriculture may employ veterinarians, chemists, bacteriologists and other experts, inspectors, accountants, stenographers, clerks or other help necessary to carry out efficiently the work of the State Department of Agriculture. The director may assign duties and responsibilities to each officer and employee of the department

0.6K chars

ORS 561.075 Reports to director; publications. (1) The Director of Agriculture may call for such reports, statistics and information as the director may desire, from time to time, from any division chief or employee of the State Department of Agriculture

0.8K chars

ORS 561.080 [Amended by 1987 c.734 §16; renumbered 561.362 in 2005]

0.0K chars

ORS 561.090 [Renumbered 561.364 in 2005]

0.0K chars

ORS 561.100 [Renumbered 561.366 in 2005]

0.0K chars

ORS 561.110 Conferences between director and division chiefs; action by director. In conference with the chiefs of the divisions there shall be full and free discussion of the agricultural policies of the State Department of Agriculture, the administrative problems of divisions, the coordination of the departmental activities and methods for increasing the efficiency and reducing the cost of operation of the department. On the basis of these conferences the Director of Agriculture may take such steps as in the judgment of the director will increase the economy and efficiency of the department. The director shall give especial attention to the full utilization of stenographic, office and laboratory forces, automobiles and other equipment. The director may require that deputies and other employees do work for more than one division of the department and shall take such measures as may be necessary to avoid duplication of costs of transportation and maintenance

0.0K chars

ORS 561.120 [Repealed by 1959 c.639 §14]

0.0K chars

ORS 561.130 [Amended by 1957 c.479 §1; 1959 c.639 §9; 1971 c.281 §1; 1977 c.198 §3; 2005 c.24 §3; renumbered 561.372 in 2005]

0.0K chars

ORS 561.140 [Amended by 1957 c.479 §2; 1959 c.639 §10; 1967 c.208 §1; 1969 c.314 §64; 1971 c.281 §2; 1977 c.198 §4; 1995 c.79 §308; 2005 c.24 §4; renumbered 561.374 in 2005]

0.0K chars

ORS 561.144 Department of Agriculture Service Fund; sources. (1) The State Treasurer shall establish a Department of Agriculture Service Fund, which shall be a trust fund separate and distinct from the General Fund. The State Department of Agriculture shall deposit all license and service fees paid to it under the provisions of the statutes identified in subsection (3) of this section in the Department of Agriculture Service Fund. The State Treasurer is the custodian of this trust fund, which shall be deposited by the treasurer in such depositories as are authorized to receive deposits of the General Fund, and which may be invested by the treasurer in the same manner as authorized by ORS 293.701 to 293.857

1.1K chars

ORS 561.145 [1965 c.276 §1; repealed by 1979 c.499 §1]

0.0K chars

ORS 561.150 Department of Agriculture Account. (1) All unexpended funds that are available to the State Department of Agriculture for its use in carrying out its duties as prescribed by law and for any other purpose shall be a part of the General Fund of the state and shall be credited to a fund to be known as the Department of Agriculture Account except for

1.6K chars

ORS 561.155 Cash and revolving fund. The State Department of Agriculture shall establish a cash and revolving fund under ORS 293.180, for the purpose of making immediate cash payments of travel and subsistence advances authorized by ORS 292.280, salary advances authorized by ORS 292.150 and other miscellaneous demand obligations authorized by law, in an amount not to exceed $75,000 from moneys in the Department of Agriculture Service Fund. [1959 c.682 §3; 1967 c.208 §2; 1973 c.275 §1; 1979 c.183 §1; 1985 c.623 §7]

0.0K chars

ORS 561.157 Agriculture Natural Climate Solutions Fund. (1) The Agriculture Natural Climate Solutions Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Agriculture Natural Climate Solutions Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to State Department of Agriculture to

0.6K chars

ORS 561.160 Approval of vouchers required before withdrawing money from State Treasury. All moneys drawn from the State Treasury by the State Department of Agriculture shall be drawn only after the approval of vouchers by the Director of Agriculture or by some person in the department authorized by the director to approve such vouchers, which authorization shall be in writing and filed with the Secretary of State

0.0K chars

ORS 561.161 [1953 c.96 §1; repealed by 1959 c.682 §4]

0.0K chars

ORS 561.163 [1953 c.96 §4; repealed by 1959 c.682 §4]

0.0K chars

ORS 561.165 [1953 c.96 §2; repealed by 1959 c.682 §4]

0.0K chars

ORS 561.167 [1953 c.96 §3; repealed by 1959 c.682 §4]

0.0K chars

ORS 561.169 [1953 c.96 §5; repealed by 1959 c.682 §4]

0.0K chars

ORS 561.170 Prohibited financial interests of officers or employees. It shall be unlawful for the Director of Agriculture or any deputy or other employee of the State Department of Agriculture to be interested directly or indirectly as owner, agent or solicitor in the manufacture, purchase or sale of any article, commodity or product over which the director, deputy or employee may have supervision in an official capacity. It shall not be a violation of this section for the director, any deputy or other employee to own, lease or operate a ranch or farm. [Amended by 1959 c.229 §12; 1967 c.208 §9]

0.0K chars

ORS 561.175 [1989 c.847 §9; 2001 c.248 §13; renumbered 561.255 in 2005]

0.0K chars

ORS 561.177 Furnishing lists of names and other information; fee. The State Department of Agriculture may make a reasonable charge to cover the actual cost of accumulating and furnishing a list of names or other similar records which are by law declared to be public writings or records. Moneys collected shall be placed in the General Fund, credited to the Department of Agriculture Account and shall be available for payment of all expenses of the department. [Formerly 561.260]

0.0K chars

ORS 561.180 [Amended by 1969 c.131 §3; 1975 c.432 §2; 1975 c.605 §29; 2001 c.539 §14; renumbered 561.075 in 2005]

0.0K chars

ORS 561.190 Rules and regulations; publication; effect of violation. The State Department of Agriculture is authorized and directed to make any and all rules and regulations necessary for the administration or enforcement of any law with the administration or enforcement of which the department is charged, and not inconsistent with the authority with which the department is vested or with any such law. Such rules and regulations shall be compiled and printed in pamphlet form for distribution. The violation of any rule or regulation made by the department pursuant to this section shall be a violation of the law to which such rule or regulation applies and shall be punishable in the manner provided for violations of such law

0.0K chars

ORS 561.191 Program and rules relating to water quality. (1) The State Department of Agriculture shall develop and implement any program or rules that directly regulate farming practices, as defined in ORS 30.930, that are for the purpose of protecting water quality and that are applicable to areas of the state designated as exclusive farm use zones under ORS 215.203 or other agricultural lands in Oregon, including but not limited to rules related to

1.2K chars

ORS 561.192 Code of regulations; compilation and publication. (1) The State Department of Agriculture may from time to time revise and compile, in a code of regulations, all rules and regulations of a general character promulgated by the department

0.6K chars

ORS 561.194 Distribution of code of regulations. (1) The State Department of Agriculture may distribute the code of regulations published under ORS 561.192 free of charge to such state agencies as are designated by the department

0.4K chars

ORS 561.200 Prohibitions against the obstruction of officers, agents or employees. (1) No person, firm or corporation shall refuse to allow any authorized officer, agent or employee of the State Department of Agriculture to enter upon the premises of the person, firm or corporation or to inspect any books, records, plant, equipment, apparatus, vehicles or any other thing or place of the person, firm or corporation which it is such officer’s, agent’s or employee’s duty to inspect

0.6K chars

ORS 561.210 [Repealed by 1971 c.743 §432]

0.0K chars

ORS 561.220 Prohibitions against altering or removing seal or similar marking used by department and against selling products from used containers bearing such markings. (1) Except as hereafter provided in subsections (2) and (3) of this section, no person shall alter, deface or remove any seal, sign, tag, stamp, placard, mark, brand or similar object used by the State Department of Agriculture pursuant to any law of this state

0.6K chars

ORS 561.230 Prohibition against reusing, imitating or counterfeiting markings used by department. No person shall reuse, imitate or counterfeit any seal, sign, tag, stamp, placard, mark, brand or similar object used by the State Department of Agriculture pursuant to any law of this state. [1955 c.11 §2]

0.0K chars

ORS 561.240 Contracts and agreements with other agencies, governmental units and other persons; payment and receipt of funds. (1) The State Department of Agriculture may

2.6K chars

ORS 561.250 Services by department for commodity commissions, Oregon Beef Council and Oregon Wheat Commission. (1) Notwithstanding the provisions of ORS chapters 577 and 578, upon request of a commodity commission established under ORS 576.051 to 576.455, the Oregon Beef Council created by ORS 577.210 or the Oregon Wheat Commission created under ORS 578.030, the State Department of Agriculture may, if facilities and services are available

1.5K chars

ORS 561.255 Permits for confined animal feeding operations or concentrated animal feeding operations; rules; fees. (1) As used in this section

3.0K chars

ORS 561.258 Regulation of vermiculture. (1) As used in this section, “vermiculture” means the commercial raising and breeding of worms for use as bait or as an animal food protein source or to produce castings

0.5K chars

ORS 561.260 [1959 c.229 §8; renumbered 561.177 in 2005]

0.0K chars

ORS 561.265 Inspecting records of persons required to pay fees to department. (1) The State Department of Agriculture upon not less than three days’ notice in writing is authorized to inspect and audit, during regular business hours, necessary and applicable books and records of any person required by law to report or pay fees or moneys to the department. Such inspection is for the purpose of determining whether proper fees have been paid

0.5K chars

ORS 561.270 [1959 c.229 §7; repealed by 1965 c.448 §4]

0.0K chars

ORS 561.275 Inspecting premises and facilities of department licensees. Insofar as it is necessary for the State Department of Agriculture in the enforcement and carrying out of the laws under its supervision or jurisdiction, the department may, during the normal business hours of the business being inspected, inspect premises, machinery, equipment and facilities of the places or businesses subject to or required to be licensed under such laws. [1967 c.437 §5]

0.0K chars

ORS 561.279 Issuance of subpoenas by department for investigations or hearings. The State Department of Agriculture is authorized to issue subpoenas to compel the attendance of witnesses and to require the production of pertinent books, records and documents in

0.3K chars

ORS 561.280 Enjoining violations of law. In addition to the other remedies provided by law, the State Department of Agriculture may apply to the circuit court for, and such court shall have jurisdiction upon a summary hearing and for cause shown to grant, a temporary or permanent injunction restraining any person from violating any provision of a law under the jurisdiction of the department. [1959 c.229 §9]

0.0K chars

ORS 561.290 Jurisdiction over prosecutions. Justice courts have concurrent jurisdiction with circuit courts of all prosecutions arising under any law under the jurisdiction of the State Department of Agriculture. [1959 c.229 §10]

0.0K chars