Title 46, Agriculture

Noxious weeds have become so thoroughly established and are spreading so rapidly on state, county and federally owned lands, as well as on property in individual ownership and in transition to county ownership through tax delinquency, that they hereby are declared a menace to the…

The state and the respective counties shall control any weeds designated as noxious by the state or the respective counties in any such county on land under their respective ownerships. [Formerly 570.510]

(1) The county governing body of each county may declare the county, or any portion of the lands in a county, a weed control district for the purpose of destroying such weeds and of preventing the seeding and spread of such other weeds and plants as the governing body may for the…

(1) The court shall, upon declaring a weed control district, appoint a weed inspector or inspectors, whose duties it shall be: (a) To find out if any noxious weeds or plants are being permitted to grow and produce bloom or seed within the district or districts contrary to the pro…

The county court shall, upon declaring a weed control district or districts, cause to be published an official notice describing each district and naming weeds to be destroyed and to be prevented from producing seed within the districts. The notice shall be published in a newspap…

(1) The weed inspector shall have access to the land within the district. (2) When the provisions of ORS 569.360 to 569.495 are not being complied with, the weed inspector shall serve a written notice to the owner or occupant of the land. When the weed inspector is unable to serv…

Each person, firm or corporation owning or occupying land within the district shall destroy or prevent the seeding on such land of any noxious weed within the meaning of ORS 569.360 to 569.495 in accordance with the declaration of the county court and by the use of the best means…

The State Highway Commission, the respective county courts, reclamation districts and municipalities shall destroy or prevent the spread or seeding of any noxious weed within the meaning of ORS 569.360 to 569.495 on any land owned by them or constituting the right of way for any …

(1) If the owner or occupant of the land fails or refuses to immediately destroy or cut the noxious weeds in accordance with ORS 569.360 to 569.495, the weed inspector shall at once notify the county court. The county court shall at once take necessary steps for enforcement of OR…

When the statement of expenses is filed, the county clerk shall cause it to be entered upon a lien docket prepared for that purpose. The amount of the charges and expenses when so docketed shall constitute a first lien upon such lands or premises, except as to taxes. If the charg…

If within 10 days from the date of filing and docketing the lien as provided in ORS 569.400 and 569.410, no objections have been filed thereto, the county court shall pay to the person or persons appointed by the court, as provided in ORS 569.370 (1), out of the general funds of …

(1) The county courts of the several counties of this state hereby are required to levy a tax and create a fund to be known as the weed control fund for the control of weeds on county highways and public lands and for cooperation with individuals, state and federal agencies in co…

Notwithstanding ORS 569.420, in addition to or in lieu of the tax authorized by ORS 569.420, a county governing body may levy a special assessment based upon benefit to finance weed control activities. All such assessments shall be treated in the same manner as the tax referred t…

If in the judgment of the court the enforcement of ORS 569.360 to 569.495 in any county which has been declared a weed control district seems impracticable or likely to work injury to the people of the district, it may after a hearing declare that such weed control district no lo…

No person operating or having control of any threshing machinery, clover huller, hay baler, seed cleaning or treating machinery or other machinery shall move said machinery over any public road or from one farm to another without first thoroughly cleaning it. Before moving it, al…

Any person owning or occupying land within a weed control district or special weed control district who conducts a weed control project in accordance with the provisions of ORS 569.370 and 569.470 to 569.495 may apply to the county court or commission for a cost-share assistance …

(1) The county courts of the several counties of this state hereby are required to provide cost-share assistance grants to persons owning or occupying land within such counties who conduct a weed control project in accordance with the provisions of ORS 569.370 and 569.470 to 569.…

No person shall be eligible for a cost-share assistance grant under ORS 569.370 and 569.470 to 569.495 unless: (1) A weed control inspector has: (a) Conducted a field inspection of the weed control site; (b) Approved the eligible person’s plan for implementing a weed control proj…

(1) Subject to ORS 291.232 to 291.260, the State Department of Agriculture may distribute in the manner prescribed in subsection (3) of this section to each county court an amount equal to 50 percent of the amount of cost-share assistance grants actually provided by the county co…

(1) The State Department of Agriculture may provide financial assistance to counties to promote the implementation of noxious weed control projects. (2) Notwithstanding any other provision of ORS 569.370 and 569.470 to 569.495, a county court is not required to perform any duty, …

The Legislative Assembly finds and declares that: (1) Noxious weeds present a serious threat that adversely affects industries vital to the Oregon economy, including but not limited to the agriculture, forestry, fishing and tourism industries; (2) Failure to control the spread of…

(1) The State Department of Agriculture shall establish a grant program for the purpose of assisting counties in carrying out weed control district duties, functions and powers under ORS 569.360 to 569.495. After deducting department administrative expenses for the program, the d…

(1) The State Weed Board is created in the State Department of Agriculture. The board shall consist of seven members appointed by the Director of Agriculture as follows: (a) At least two members shall be residents of that portion of the state east of the summit of the Cascade Mou…

A member of the State Weed Board is entitled to compensation and expenses as provided in ORS 292.495. [Formerly 561.660]

(1) The State Weed Board shall select one of its members as chairperson and another as vice chairperson, for such terms and with duties and powers necessary for the performance of the functions of those offices as the board determines appropriate. (2) A majority of the members of…

The State Weed Board shall: (1) Act in conjunction with the State Department of Agriculture to identify those weeds growing in this state that represent the greatest public menace and establish those weeds as the top priority for action by weed control programs in this state. (2)…

(1) The State Department of Agriculture, in conjunction with the State Weed Board, shall implement a board plan to improve the effectiveness of noxious weed control efforts by weed control districts, state agencies and others within this state. The department shall act as the pri…

(1) Violation of a provision of ORS 569.175 to 569.195 or a rule adopted under ORS 569.175 to 569.195 is a Class B violation. (2) Violation of a provision of ORS 569.360 to 569.495 is a Class A violation. [2009 c.98 §9(1),(3); 2011 c.9 §77]

In addition to any applicable fine under ORS 569.990 or other penalty, a person that violates any provision of ORS 569.175 to 569.195 or 569.360 to 569.495 or a rule adopted under ORS 569.175 to 569.195 is subject to the imposition of a civil penalty by the State Department of Ag…

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: (1) “Infected” means any appearance of a disease on trees or plants that may be a menace to horticultural or farm crops. (2) “Infested” means when the adult, egg, larvae or …

(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: (a) To inspect orchards, nurseries, tr…

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…

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: (1) Inspect…

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 genera…

(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 …

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…

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 performa…

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…

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.

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, gr…

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 introductio…

(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, an…

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 …

(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 se…

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 in…

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 …

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 notic…

(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 o…

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…

(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 tha…