Title 46, Agriculture

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 fumigat…

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 infes…

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 …

(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 suc…

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 whi…

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.

(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: (a) If the …

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: (1) Failure to control the plant pest will have an identifiable effect on plants, with a resulting unaccept…

(1) A person may not possess or knowingly move a plant pest within this state unless the person possesses: (a) A plant protection and quarantine permit issued by the United States Department of Agriculture’s Animal and Plant Health Inspection Service, or by a successor to that se…

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…

(1) The Legislative Assembly finds and declares that: (a) A plant pest, other than a plant pest possessed or moved in compliance with a permit described in ORS 570.215, is a public nuisance. (b) A plant, crop or agricultural, horticultural or forest commodity or product, that is …

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 s…

(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 agenci…

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…

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 …

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 …

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, l…

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…

(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 t…

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 fre…

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 viola…

(1) The State Department of Agriculture may establish, in accordance with the provisions governing the procedure for the declaring of quarantines contained in ORS 561.510 to 561.590, control areas within this state, if after careful investigation the department determines that th…

From and after the date an order creating a control area becomes finally effective, no person shall violate, in whole or in part, any provision of such order.

The State Department of Agriculture is authorized to contract with and to receive funds from any person, including but not limited to, any governmental agency, county or municipal corporation, for the purpose of carrying on such work as is necessary in enforcing or carrying out t…

The Director of Agriculture may, at any time the director believes necessary, revoke any order concerning control areas made by the director. The revocation shall become effective upon the director giving notice by publication in a newspaper of general circulation in the control …

The county court or board of county commissioners of each county in which a control area, or any part thereof, has been established for cherry fruit fly control according to ORS 570.405, shall appoint a control area inspector for that county upon the petition of 50 interested per…

(1) The control area inspector has access to the land within the control area that is within the county for which the inspector was appointed. (2) In the event an owner or occupant of any land fails or refuses to treat the trees, plants or their produce as provided by the control…

(1) On the completion of the work, the inspector shall file with the county clerk an itemized statement of expenses necessarily incurred in the operation, including the wages of the inspector for time spent therein, both on the preparation and completion of the operation, verifie…

If no objection has been filed, as authorized in ORS 570.430, within 10 days from the date of filing and docketing the lien, the county court or board of county commissioners shall pay out of the general funds of the county to the persons to whom the expenses are owing the amount…

The State Department of Agriculture may establish control areas for the production of rapeseed as provided in ORS 570.405. The department may appoint advisory boards to advise and counsel the department on the boundaries of the control areas, the type of rapeseed species and vari…

As used in ORS 570.700 to 570.710: (1) “Bone dry ton” means 2,000 pounds of wood chips dried to zero percent moisture. (2) “Imported” means from any source outside North America and includes those states in Mexico not adjacent to the United States. (3) “Timber products” means any…

(1) The Legislative Assembly finds that imported, untreated timber products increase the hazards of introducing and spreading injurious plant pests and diseases in this state and that the State Department of Agriculture is directed to establish and implement an inspection and con…

(1) Each person who takes first delivery in this state of imported, untreated timber products on or after July 1, 1995, within one month after taking delivery of such products, shall pay to the State Department of Agriculture a timber products health program fee. (2) The departme…

(1) As used in this section: (a) “Firewood” means whole or split pieces of wood that are: (A) Less than 48 inches in length; and (B) In a form commonly used for burning in campfires, stoves or fireplaces. (b) “Invasive species” has the meaning given that term in ORS 570.755. (2) …

The Legislative Assembly finds and declares that: (1) The land, waters and other natural resources of this state are severely affected by an increasing number of invasions by harmful nonnative species; (2) Invasions by harmful nonnative species are damaging to the environment and…

(1) As used in this section, “invasive species” means nonnative organisms that cause economic or environmental harm and are capable of spreading to new areas of the state. “Invasive species” does not include humans, domestic livestock or nonharmful exotic organisms. (2) The Invas…

(1) The Invasive Species Council is established within the State Department of Agriculture. Except as provided in subsection (2) of this section, the council consists of 22 members, as follows: (a) Eight members are ex officio voting members with terms that do not expire. The ex …

(1) The Invasive Species Council each year shall select a voting member of the council as chairperson and another voting member as vice chairperson. The council by rule shall specify terms and provide appropriate duties and powers for the chairperson and vice chairperson. (2) A m…

(1) The Invasive Species Council shall appoint a State Invasive Species Coordinator to serve at the pleasure of the voting members of the council. (2) The State Department of Agriculture is responsible for ensuring payment of the administrative expenses of the council. The State …

(1) The Invasive Species Council may establish advisory and technical committees that it considers necessary to aid and advise the council in the performance of its functions. The committees may be continuing or temporary committees. The council shall determine the representation…

(1) The Invasive Species Council Account is established in the General Fund of the State Treasury. Except as provided under subsection (2) of this section, all moneys received by the Invasive Species Council shall be paid into the State Treasury and credited to the account. All m…

(1) As used in this section, “invasive species” has the meaning given that term in ORS 570.755. (2) The Invasive Species Control Account is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Invasive Species Control Account shal…

The Invasive Species Council shall report biennially concerning the activities of the council during the previous two years to an interim committee of the Legislative Assembly related to natural resources in the manner provided in ORS 192.245. The report may include other materia…

Violation of a provision of ORS 570.010 to 570.050, 570.105 to 570.190, 570.215, 570.320 to 570.360 or 570.410 is a Class A violation. [Amended by 1955 c.166 §1; 1961 c.394 §5; 1985 c.621 §6; 1999 c.1051 §202; 2009 c.98 §23; 2011 c.9 §78; 2011 c.683 §2; subsections (2) and (3) re…

(1) In addition to any applicable fine under ORS 570.990 or other penalty, a person is subject to imposition by the State Department of Agriculture of a civil penalty, not to exceed $10,000, if the person: (a) Violates a quarantine order issued under ORS 570.115; (b) Violates ORS…

(1) In addition to any applicable fine under ORS 561.993 or 569.990 or other penalty, a person is subject to imposition by the State Department of Agriculture of a civil penalty, not to exceed $10,000, if the person: (a) Violates a rule adopted under ORS 570.210; or (b) Violates …

Violation of ORS 570.720 or a State Department of Agriculture rule adopted under ORS 570.720 is punishable by a civil penalty, not to exceed $10,000. The imposition of a civil penalty under this section is subject to ORS 183.745. Any civil penalty recovered under this section sha…

Unless the context requires otherwise, as used in ORS 571.005 to 571.230: (1) “Agent” means any person only soliciting orders in this state for the purchase or sale of nursery stock for any principal who is not licensed under ORS 571.005 to 571.230 and 571.991. (2) “Dealer”: (a) …

(1) The Legislative Assembly finds and declares that the propagation and raising of nursery stock is an agricultural pursuit that should be regulated and assisted by the State Department of Agriculture. A nursery service shall be maintained within the department for the purpose o…

(1) In order that there may be the closest contact between the State Department of Agriculture and the problems of the nursery industry, there hereby is created a State Nursery Research and Regulatory Committee which shall consist of seven members appointed by the Director of Agr…