Chapter 570 — Chapter 570

ORS 570.001 Definitions. As used in ORS 570.010 to 570.050, 570.105 to 570.190, 570.210 to 570.225, 570.320 to 570.360 and 570.405

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ORS 570.005 [Repealed by 2009 c.98 §31]

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ORS 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 governing body of a county may, subject to the approval of the Director of Agriculture, appoint a county horticultural inspector, whose duties are

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ORS 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

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ORS 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 may enter upon or into any premises, land, buildings, enclosures or other places for the purpose of

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ORS 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

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ORS 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

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ORS 570.035 Appeals from inspectors’ 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

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ORS 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

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ORS 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, 570.010 to 570.050, 570.125, 570.320, 570.335 to 570.360 is a misdemeanor

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ORS 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

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ORS 570.055 [Repealed by 2011 c.597 §118]

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ORS 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

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ORS 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

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ORS 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

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ORS 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

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ORS 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

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ORS 570.130 Shipments marked to indicate place of origin; must be free from plant pests. When any shipment of nursery stock, fruits, vegetables, seed, nuts or field crops is brought into this state or shipped within the state, the required permits, tags or markings of the state of origin must be attached to the container, and the shipment must be free of injurious insects or other plant pests and of eggs, larvae or pupae of injurious insects or other plant pests. [Amended by 2015 c.203 §7]

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ORS 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 nursery stock, fruit, vegetables, seed, field crops or other articles are received, or in which any articles are imported into the state, for the purpose of making the investigation or examination to ascertain whether the articles are infested with any injurious insects or other plant pests or the eggs, larvae or pupae of injurious insects or other plant pests. [Amended by 2015 c.203 §8]

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ORS 570.140 Shipment found to contain plant pest; notice to shipper. When any shipment of nursery stock, fruits, vegetables, seed, nuts or field crops is found upon inspection to be infested with injurious insects or other plant pests or the eggs, larvae or pupae of injurious insects or other plant pests, the inspector shall give the shipper notice of the pests found and the manner of disposition, as provided for in ORS 570.145 to 570.165. [Amended by 2015 c.203 §9]

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ORS 570.145 Procedure when shipment articles can be separated. (1) If, in the judgment of the inspector, materials not infested or infected can be separated from the infested or infected article without danger of the insects or other plant pests or the eggs, larvae or pupae of insects or other plant pests escaping from the article, and the owner or the person having control or possession of the articles desires to separate as instructed, the officer making the inspection shall give permission in writing to make the separation

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ORS 570.150 Procedure when shipment articles 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

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ORS 570.155 Disposition of shipment when articles not separated or treated. (1) If no provision is made by the inspecting official for disposition by separation or treatment, the notice provided for in ORS 570.140 must require that all condemned materials be promptly shipped out of the state within a specified time, the limit of which may not be less than 48 hours or more than 10 days, according to the nature of the insects or other plant pests. The owner or person in charge of the materials shall ship the materials under the direction of the officer making the inspection and at the expense of the owner or agent of the owner

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ORS 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

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ORS 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]

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ORS 570.170 Department to make inspections; infected or infested matter declared public nuisance. The State Department of Agriculture, whenever the department deems 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 places, orchards, nurseries, trees, plants, shrubs, vegetables, vines, fruit, field crops or articles found infested or infected with any insects or other plant pests injurious to fruits, plants, trees, vegetables, vines, grain or other field crops, or with seeds, eggs, larvae or pupae of injurious insects or other plant pests liable to spread to other places or localities, or of such a nature as to be a public danger, are declared to be a public nuisance. The department shall give the record owner or owners written notice that the articles, things or places are infested or infected. [Amended by 2015 c.203 §12]

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ORS 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

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ORS 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

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ORS 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

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ORS 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 the infected or infested premises or chattel, or upon the owner of each, if the premises and chattel are under different ownership. Service shall be made in the following manner

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ORS 570.195 [Repealed by 1961 c.394 §1 (570.196 enacted in lieu of 570.195)]

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ORS 570.196 [1961 c.394 §2 (enacted in lieu of 570.195); repealed by 2009 c.98 §31]

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ORS 570.200 [1961 c.394 §4; repealed by 2009 c.98 §31]

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ORS 570.205 [2009 c.98 §4; repealed by 2015 c.203 §28]

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ORS 570.210 Control of plant pests not subject to quarantine; rules. The State Department of Agriculture may adopt rules requiring the use of measures to control the spread of a specific plant pest that is not the subject of a quarantine if

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ORS 570.215 Prohibition against movement of plant pests; permits; rules. (1) A person may not possess or knowingly move a plant pest within this state unless the person possesses

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ORS 570.220 Research regarding plant pests. The State Department of Agriculture may conduct research to prevent the introduction or spread of plant pests into or within the state. The department may conduct the research independently or as part of a cooperative effort involving other entities. The research may include, but need not be limited to, researching the feasibility of controlling or eradicating plant pests. [2009 c.98 §7]

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ORS 570.225 Public nuisances; abatement; compensation. (1) The Legislative Assembly finds and declares that

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ORS 570.305 Department officials to prevent introduction of plant pests. 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 this state of dangerous insects or other plant pests, and to apply methods necessary to prevent the spread, to establish control and to accomplish the eradication of insects or other plant pests that may seriously endanger agricultural and horticultural interests of the state. The methods may be established or introduced if the director or chief considers control or eradication to be possible and practicable. [Amended by 2015 c.203 §14]

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ORS 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, Oregon State University, the extension service, the Secretary of Agriculture of the United States, and such agencies as the director designates to carry out the provisions of this section and ORS 570.305

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ORS 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

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ORS 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

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ORS 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

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ORS 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

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ORS 570.345 Spraying or destroying infested or infected matter; notice. Any person, firm or corporation owning or operating a nursery, fruit orchard, hopyard, 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 or other plant pest 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 the nursery, fruit orchard, hopyard, flower garden or ornamental trees are infested or infected, shall immediately spray or destroy the nursery, fruit orchard, hopyard, flower garden or ornamental trees as the department directs. [Amended by 2005 c.22 §388; 2015 c.203 §15]

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ORS 570.350 Traffic in infested or infected fruit prohibited; seizure; failure of owner to show fruit; sale to canneries and factories permitted. (1) A person may not import into this state, transport within this state or sell or offer for sale by displaying in stores, in or at fruit stands, along public highways or in any other manner within this state fruit that is infested with any insect or other plant pest. The fact that any fruit bears the marks of scale, insects or disease or is worm eaten, in excess of tolerances permitted by the State Department of Agriculture, is prima facie evidence that the fruit is infested or infected

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ORS 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 this 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 outside of this state, any fresh, cured or dried fruit infected with insects or other plant pests injurious to trees, shrubs, plants, fruits or vegetables is guilty of a misdemeanor. This section does not prevent the grower of infected fruit grown within this state from manufacturing the fruit into a by-product or selling and shipping the fruit to a by-product factory. [Amended by 2015 c.203 §17]

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ORS 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, 570.010 to 570.050, 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

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ORS 570.365 [Repealed by 2011 c.597 §118]

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ORS 570.370 [Repealed by 2009 c.98 §31]

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