Title 46, Agriculture

(1) The State Department of Agriculture may require any person to whom it has furnished or may furnish services or materials on credit to deposit and keep on deposit with the department a sum equal to an amount which the department estimates may be due for services or materials t…

(1) A lien hereby is created in favor of the State Department of Agriculture upon all real and personal property belonging to any person who fails to pay the department for services or materials furnished within 60 days after the due date in a sum equal to the amount due. (2) The…

(1) The Director of Agriculture may adopt rules under ORS chapter 183 declaring a quarantine if the director believes that any animals, fowls, bees, fruits, vegetables, plants, parts of plants or seeds within any area or section are diseased or infested with a pest, or that any a…

(1) A quarantine authorized by ORS 561.510 shall be subject to such rules and regulations as the Director of Agriculture deems necessary for the protection of the public welfare. (2) The movement of any animals, bees, fruits, vegetables, plants, parts of plants, fowls, seeds or a…

The State Department of Agriculture may preapprove and issue permits for shipments of articles that are subject to a quarantine if the department finds that the articles are subject to appropriate mitigation tactics or strategies that can be enforced at the point of origin for th…

(1) The Director of Agriculture shall issue a written order declaring a quarantine if the director determines that: (a) A disease or an infestation has a significantly adverse effect on plants, animals, fowls or bees; (b) The disease or infestation is not widely prevalent or dist…

(1) In order to prevent unnecessary and conflicting regulations on commerce, the State Department of Agriculture shall cooperate with the United States and other states in establishing a uniform system of quarantine and laws and rules and regulations governing quarantines, both a…

When the State Department of Agriculture is required to give notice of an order of quarantine or rules pertaining to a quarantine by publication in a newspaper, or by the use of one or more methods in addition to publication in a newspaper, the department may at its discretion sa…

From and after the time that any quarantine order of the Director of Agriculture becomes effective it shall be unlawful for any person, firm or corporation to violate, either in whole or in part, any of the provisions of such order, or of any rule or regulation promulgated in con…

Judicial review of orders including emergency orders and regulations issued in accordance with ORS 561.510 to 561.590 shall be as provided in ORS chapter 183. [1971 c.734 §87] SEIZURE, DETENTION AND EMBARGO POWERS

(1) In order that the rights of consumers, property owners or other affected persons may be protected and procedures made uniform the State Department of Agriculture, its agents, employees or officials, shall observe the procedure prescribed by ORS 561.605 to 561.620 whenever it …

(1) A request of the State Department of Agriculture for a hearing on the propriety of the detention, seizure or embargo and related matters must be filed with the department in writing within 10 days of receiving actual notice of such action. The request may be filed either by t…

(1) The hearing shall be conducted by an administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605. The hearing shall be conducted as provided for contested cases under ORS chapter 183. (2) If it appears that the products are not b…

(1) In the event that the owner or person in possession does not request a hearing on the propriety of the seizure, detention or embargo within the time limited for making such request, the State Department of Agriculture may summarily destroy or otherwise dispose of the subject …

Nothing in ORS 561.605 to 561.630, 616.225, 632.485 and 633.670 shall be construed as requiring that a hearing be held in connection with the seizure or embargoing of illegal or suspected products or as prohibiting the release, destruction or other disposition of such products by…

No person shall remove or deface any notice placed upon products seized or embargoed by the State Department of Agriculture, or move any such products from the place designated in the notice without written permission from the department. [Formerly 616.110]

(1) The New Crops Development Board is created within the State Department of Agriculture. The board shall consist of nine voting members appointed by the Director of Agriculture. In addition to the voting members, the Director of the Oregon State University Experiment Station or…

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

In order to facilitate research and development of new or alternative crops in this state and to implement the responsibilities of the State Department of Agriculture under ORS 561.020 (2), the New Crops Development Board: (1) Shall review new or alternative agricultural crops re…

All moneys received by the New Crops Development Board shall be deposited in the Department of Agriculture Service Fund created by ORS 561.144 (1). All moneys received and so deposited are continuously appropriated to the board to carry out the provisions of ORS 561.700 to 561.72…

As used in this section and ORS 561.740: (1) “Biopharm permit” means a permit issued by the United States Department of Agriculture for the production of a biopharmaceutical crop. (2) “Biopharmaceutical crops” means plants that have been genetically modified using a recombinant D…

(1) The Director of Agriculture and an appointee of the Director of the Oregon Health Authority who has experience in health program administration may enter into memoranda of understanding or other intergovernmental agreements on behalf of this state for the purpose of furtherin…

(1) Violation of ORS 561.170 is a Class C violation. (2) Violation of ORS 561.200 is a Class C misdemeanor. (3) Violation of ORS 561.220 or 561.230 is a Class A misdemeanor. (4) Violation of ORS 561.590 is a specific fine violation punishable by a fine of not more than $5,000. [S…

Violation of a provision of ORS 561.605 to 561.630 is a Class D violation. [2009 c.98 §9(2)] Note: 561.993 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 561 or any series therein by legislative action. See Preface to Oregon Re…

(1) In addition to any fine under ORS 561.990 or other penalty, a person who violates an order, rule or regulation described under ORS 561.590 is subject to a civil penalty imposed by the State Department of Agriculture. The civil penalty shall not exceed $10,000. (2) Every viola…

As used in this chapter, “department” means “State Department of Agriculture.” WILDFLOWERS

(1) It is the duty of all citizens of this state to protect the wildflowers of this state referred to in this section from needless destruction and waste. (2) It shall be unlawful for any person in this state to willfully or negligently cut, dig up, trim, pick, remove, mutilate o…

It shall be the duty of the State Department of Agriculture and of all its officers and employees to see that the provisions of ORS 564.020 are enforced and to present evidence of any violation of the provisions of ORS 564.020 to the district attorney of the county in which any s…

In order to further protect native wildflowers and shrubs from needless destruction and waste, the State Department of Agriculture may, after investigation and public hearing and in accordance with the provisions of ORS chapter 183, establish and amend a list of wildflowers and s…

As used in ORS 564.100 to 564.135: (1) “Department” means the State Department of Agriculture. (2) “Director” means the Director of Agriculture. (3) “Endangered species” means: (a) Any native plant species determined by the department to be in danger of extinction throughout any …

The Director of Agriculture has the responsibility to protect and conserve the native plants of this state that are threatened species or endangered species. In carrying out that responsibility, the director: (1) Shall conduct investigations of plant species native to this state …

(1) The lists of threatened species or endangered species established pursuant to ORS 564.105 (2) initially shall include those species listed as of May 15, 1987, as a threatened species or an endangered species pursuant to the federal Endangered Species Act of 1973 (P.L. 93-205,…

(1) In developing protection and conservation programs pursuant to ORS 564.105 (3), the State Department of Agriculture shall consult with other states having a common interest in particular threatened species or endangered species and with other affected state agencies. (2) In f…

(1) Except as otherwise provided pursuant to ORS 564.105, no person shall take, import, export, transport, purchase or sell, or attempt to take, import, export, transport, purchase or sell any threatened species or endangered species. (2) No person shall take or attempt to take a…

The Director of Agriculture is authorized, on behalf of the State of Oregon, to acquire habitat, or interests therein, the State Department of Agriculture considers necessary for the protection of threatened species or endangered species. Acquisition may be by gift, grant, devise…

(1) Notwithstanding ORS 192.311 to 192.478, the director of the appropriate agency may hold confidential, and refuse to disclose, information concerning the location of a threatened or endangered wildlife or plant species upon a determination that, based on prior experience, unla…

(1) Nothing in ORS 564.100 to 564.130 is intended, by itself, to require an owner of any commercial forestland or other private land to take action to protect a threatened species or endangered species, or to impose additional requirements or restrictions on the use of private la…

Subject to ORS 153.022, violation of this chapter and regulations authorized by ORS 564.040 is a Class A violation. [1963 c.461 §31; 1999 c.1051 §200]

Violation of ORS 564.120 is a Class A misdemeanor. [1987 c.686 §13] _______________

As used in this chapter, unless the context requires otherwise: (1) “Board” means county fair board. (2) “County court” includes board of county commissioners. (3) “County fair” means an exhibition held for the purposes of disseminating knowledge concerning, and encouraging the g…

A county court is authorized to appropriate out of the general fund of the county not otherwise appropriated money for the purpose of sponsoring a county exhibit at the annual state fair. This section shall not be deemed to limit the authority of a county which has adopted a char…

(1) Any county may hold county and industrial fairs, but only one county fair shall be held in each county. (2) Except as provided in ORS 565.265, in counties holding county fairs, the county court of such county shall appoint a board consisting of not less than three nor more th…

(1) The members of a county fair board shall, as soon as their bonds have been filed and approved, meet and organize by electing a president and selecting a secretary. (2) A majority of the members of the board shall constitute a quorum for the transaction of all business at meet…

A member of a county fair board appointed under ORS 565.210 may be removed by the county court for inefficiency, neglect of duty, misconduct in office, incompetence, incompatibility, dereliction of duty or other good cause, as those terms may be defined by county ordinance. A mem…

(1) The county fair board has the exclusive management of the ground and all other property owned, leased, used or controlled by the county and devoted to the use of the county fair, and is entrusted and charged with the entire business management and financial and other affairs …

The board may make and enforce all rules and regulations necessary for the proper conduct and management of their respective fairs. It may appoint such marshals or police as may be necessary to keep order and preserve the peace during the time and at the place of holding the fair…

If there existed on June 4, 1913, a county fair board, or an agricultural society in any county holding a county fair within the county, the board shall be considered the county fair board of the county by the provisions of ORS 565.210 to 565.310, and shall be governed under the …

(1) As provided in this section and ORS 565.268 and 565.271, a county court may abolish the county fair board appointed under ORS 565.210. (2) A county court may initiate proceedings to abolish the county fair board by issuing an order creating a county fair advisory committee wi…

(1) As used in this section, a “fair association” means a corporation incorporated under ORS chapter 65 that has a board of directors with at least three members and that is authorized by its articles of incorporation to exercise the powers and perform the functions exercised and…

If the order issued by a county court under ORS 565.265 authorizes the formation of a fair district to replace the county fair board, the county court, before the abolition of the county fair board, shall initiate the formation of the fair district by order as provided in ORS 198…