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](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.
(2) The department shall encourage and work toward long-range
planning to develop and promote the agricultural resources of Oregon that
they may contribute as greatly as possible to the future economy of the
state.
(3) The Director of Agriculture shall coordinate any activities of
the department related to a watershed enhancement project approved by the
Oregon Watershed Enhancement Board under ORS 541.375 with activities of
other cooperating state and federal agencies participating in the project.
(4) The Director of Agriculture shall conduct any activities of the
department in a manner consistent with the goal set forth in ORS
468B.155. [Amended by 1955 c.572 §8; 1959 c.639 §4; 1987 c.734 §15; 1989
c.833 §62]
(1) The State Department of Agriculture shall adopt an official seal. It
shall maintain its principal office in the state capital at Salem.
(2) The department may acquire and hold, by purchase, agreement or
donation, real property or any rights or interest determined actually
necessary by the department for:
(a) The grading and inspection of any horticultural and
agricultural products, or of any establishment or device used in the
production or processing of horticultural and agricultural products;
(b) The investigation and analysis of horticultural and
agricultural products, including laboratories and greenhouse or field
growing areas; and
(c) The storage and maintenance of equipment, vehicles and supplies
used by the department in carrying out any law under its jurisdiction.
(3) The authority granted in subsection (2) of this section does
not extend to real property used or to be used as the principal
administrative office of the department.
(4) As used in this section “horticultural and agricultural
products” has the meaning for that term provided in ORS 632.900. [Amended
by 1959 c.639 §5; 1981 c.63 §1] 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] 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] (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.
(2) Subject to any applicable provisions of the State Personnel
Relations Law, the chiefs of divisions and other employees of the State
Department of Agriculture shall receive such salaries and wages as the
director determines.
(3) The chiefs of divisions and other employees of the department
designated by the director shall execute bonds to the state, conditioned
upon the faithful performance of their duties, in such amounts as the
director determines. [Amended by 1959 c.639 §8](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.
(2) The director may at any time designate or appoint any officer
or employee of the department to act as assistant director of agriculture
and may terminate such designation or appointment at any time, with or
without cause. The assistant director of agriculture may perform such
duties of the director as may be prescribed by the director.
(3) If the director appoints any research analysts pursuant to
subsection (1) of this section, two of such research analysts may be
members of unclassified service as provided in ORS chapter 240. [Amended
by 1957 c.451 §1; 1967 c.208 §8] (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.
(2) The director may, from time to time, cause to be published and
distributed to the public in pamphlet form, or such other form as the
director may deem best, such information as the director may judge to be
of assistance in carrying on any of the work or purposes for the
administration or for the carrying on of which the department is
established.
(3) All printing of such reports, pamphlets or other literature
shall be done by the Oregon Department of Administrative Services.
(4) Unless otherwise provided by law, the State Department of
Agriculture may establish charges for any publication produced by it as
authorized by subsection (2) of this section. Such charges shall be in
amounts sufficient to cover the costs of preparation, printing, mailing
and handling of each publication. [Formerly 561.180]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. (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 293.820.
(2) Interest received on deposits credited to the Department of
Agriculture Service Fund shall accrue to and become a part of the
Department of Agriculture Service Fund.
(3) The license and service fees subject to this section are those
described in ORS 561.400, 570.710, 571.057, 571.063, 571.145, 583.004,
583.046, 583.445, 583.510, 583.610, 585.050, 586.270, 586.580, 586.650,
596.030, 596.311, 599.235, 599.269, 599.406, 599.610, 601.040, 602.090,
603.025, 603.075, 616.706, 618.115, 618.136, 619.031, 621.072, 621.166,
621.266, 621.297, 621.335, 621.730, 622.080, 625.180, 628.240, 632.211,
632.425, 632.600, 632.720, 632.730, 632.741, 632.940, 632.945, 633.015,
633.029, 633.318, 633.362, 633.461, 633.471, 633.680, 633.700, 633.720,
634.016, 634.116, 634.122, 634.126, 634.132, 634.136, 634.212 and
635.030. [1979 c.499 §4; 1981 c.248 §21; 1982 s.s.1 c.4 §15; 1985 c.787
§7; 1987 c.905 §36; 1991 c.624 §2; 1993 c.720 §7; 1995 c.450 §6; 1997
c.410 §2; 2001 c.21 §6; 2001 c.914 §27; 2003 c.81 §13] (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:
(a) Funds to be expended for the extermination of predatory animals
under the provisions of ORS chapter 610;
(b) Moneys received by the department from the sale of skins of
predatory animals as provided in ORS 610.040; and
(c) Moneys received by the department that are subject to ORS
561.144.
(2) All appropriations, fines, fees, penalties and other moneys
received by the department or credited to its use from the State
Treasury, except the funds named in subsection (1)(a) and (b) of this
section and money required by law to be placed therein, shall be placed
in the General Fund and credited to the Department of Agriculture Account.
(3) All fines, fees, penalties and other moneys received by the
department shall be turned over to the State Treasurer not later than the
10th day of the calendar month next succeeding their receipt by the
department.
(4) All moneys without respect to their sources, credited to either
the Department of Agriculture Account or the Department of Agriculture
Service Fund shall be available for the payment of any and all the
expenses of the department, excepting those incurred in connection with
the extermination of predatory animals.
(5) The Director of Agriculture shall keep a record of all moneys
deposited in the Department of Agriculture Account and the Department of
Agriculture Service Fund. Such record shall indicate the source from
which the moneys are derived and name the individual departmental
activity against which each withdrawal is charged. [Amended by 1979 c.499
§2; 1999 c.59 §176] 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]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.
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] 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]
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. (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:
(a) Protection of the quality of surface or ground water;
(b) Wellhead protection areas;
(c) Coastal zone management areas;
(d) Areas of ground water concern; and
(e) Ground water management areas.
(2) Any program or rules adopted by the State Department of
Agriculture under subsection (1) of this section shall be designed to
assure achievement and maintenance of water quality standards adopted by
the Environmental Quality Commission.
(3) If two or more state agencies are required to adopt rules under
ORS 468B.150 to 468B.190, the agencies:
(a) Shall consult with one another and coordinate the rules; and
(b) May consolidate the rulemaking proceedings.
(4) Nothing in this section is intended to change or reduce the
authority of the Water Resources Commission or the Water Resources
Department under ORS chapters 536 to 543. [1995 c.690 §6a]Note: 561.191 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 Revised Statutes for further
explanation. (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.
(2) No substantive change may be made in revising the rules and
regulations unless the department complies with the procedures required
by law for the adoption or amendment of the particular rule or
regulation. However, changes that are not of a substantive nature may be
made without the procedures required by law for the adoption or amendment
of rules and regulations by the department.
(3) The department shall print, publish and distribute the code of
regulations in a convenient form. The code of regulations as published is
prima facie evidence of the current rules and regulations of the
department. [1955 c.76 §1; 1971 c.734 §26] (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.
(2) The department shall sell the other copies at such prices as
the department finds sufficient to recover the cost of printing.
(3) All moneys received by the department under this section, in
addition to any other appropriation of funds available for the purposes
of ORS 561.192 and 561.194, hereby are continuously appropriated to the
department for the purpose of paying the cost of publication of the code
of regulations. [1955 c.76 §2](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.
(2) No person, firm or corporation shall refuse to produce books,
records, apparatus and equipment for the inspection of such officer,
agent or employee upon demand, or refuse to allow samples to be taken by
such officer, agent or employee, when they are by law authorized so to do.
(3) No person, firm or corporation shall otherwise interfere with
such officer, agent or employee in the lawful exercise of duties, either
by active or passive resistance or by refusal to cooperate in every
reasonable manner with the officer agent or employee in the carrying out
of lawful duties.(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.
(2) Subsection (1) of this section does not apply to:
(a) Employees or agents of the State Department of Agriculture
engaged in the regular discharge of their duties.
(b) The alteration, defacement or removal of markings on any type
of food or other agricultural product in the normal course of sale and
distribution thereof.
(3) No person shall sell food or other agricultural products in or
from a used container bearing any of the markings referred to in
subsection (1) of this section unless such person first removes or
defaces such markings. [1955 c.11 §1]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](1) The State
Department of Agriculture is authorized to enter into contracts and
agreements with, and to receive funds from, any department or agency of
the United States. The department may enter into agreements with
authorized departments and agencies of this state and other states, and
with counties, municipal corporations, other public and private
corporations and persons of this state, in connection with the
administration of laws of this state, including but not limited to
legislation relating to the inspection, production, processing, marketing
and distribution of agricultural products and to the control or
eradication of plant and animal diseases and pests. The department may
exchange information and services with any public or private body or
person described in this subsection, in order to minimize duplication of
public services, investigations, inspections and audits. The department
may receive compensation, and make payment, for services rendered in
performance of agreements authorized by this subsection.
(2) In the performance of services required by any contract or
agreement authorized by subsection (1) of this section, public agencies
that are parties to the contract or agreement shall have the authority
and powers of the department.
(3) Funds received by the department as provided in subsection (1)
of this section shall be deposited with the State Treasurer. Such funds
are continuously appropriated for the use of the department in carrying
out the purposes of the respective agreements, contracts, state laws and
Acts of Congress in relation to which the money is received. [1957 c.478
§2; 1963 c.251 §1; 1967 c.437 §1; 1967 c.637 §§10, 10a; 1993 c.21 §1;
1995 c.79 §309](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:
(a) Provide centralized accounting, data processing, data
recording, clerical, secretarial, business management, office and all
other similar or related facilities and services. The department may not
provide executive secretary services.
(b) Provide and furnish office space, telephone and other similar
or related facilities and services.
(c) Provide for the collection and receiving of assessment or other
moneys due a commodity commission, the beef council or the wheat
commission. Any person authorized or required to pay an assessment or
other moneys to a commodity commission, the beef council or the wheat
commission shall, after notice, pay the moneys to the department in
behalf of and in the name of the commodity commission, beef council or
wheat commission. Moneys received by the department under this subsection
shall be paid to the appropriate commodity commission, the beef council
or the wheat commission.
(2) A person authorized or required to file a report or perform
other actions with regard to a commodity commission, the Oregon Beef
Council or the Oregon Wheat Commission shall, after notice, file the
report or perform the action with regard to the department in behalf of
and in the name of the commodity commission, the beef council or the
wheat commission.
(3) Commodity commissions, the Oregon Beef Council and the Oregon
Wheat Commission shall pay for facilities or services received under
subsection (1) of this section. [1957 c.480 §§2,3,4; 1959 c.596 §69; 1959
c.685 §30; 2003 c.604 §103] (1) The State
Department of Agriculture by rule shall establish a schedule of annual
fees, not to exceed $25, to be paid under ORS 468B.215 by any persons
operating a confined animal feeding operation.
(2) As used in this section, “confined animal feeding operation”
has the meaning given that term in rules adopted by the State Department
of Agriculture. [Formerly 561.175] (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.
(2) The practice of vermiculture is an agricultural activity that
is subject to regulation by the State Department of Agriculture.
Vermiculture products are subject to department regulation as
agricultural commodities or agricultural products. [2005 c.657 §1]Note: 561.258 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 Revised Statutes for further
explanation.(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.
(2) “Fees” as used in this section includes fees due the department
by a person, each month, year, or other fixed time or period, the amount
of which is based upon the quantity, volume, weight or other measurement
of some article, product or commodity and such fees to be used by the
department in carrying out or enforcing a law under its jurisdiction.
“Fees” does not include a license fee, the exact amount of which is fixed
by law. [1961 c.425 §2; 1973 c.794 §26]
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]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:
(1) Conducting an investigation of a matter with which the
department specifically is charged with responsibility and which
seriously affects the health of persons or animals;
(2) Making an audit authorized or required by ORS chapter 583; or
(3) Holding a hearing pursuant to the provisions of ORS chapter
183. [1967 c.437 §6; 2003 c.14 §349] 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] 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](1) The State Department of Agriculture
may collect a delinquent renewal penalty for any license fee required by
law under the jurisdiction of the department if the licensee has failed
to renew the license before the 60th day after the license expiration
date. All delinquent renewal penalties collected under this section shall
be deposited in the same account as the corresponding license fee. The
department shall collect the following delinquent renewal penalties:
(a) For license fees $100 or less, $30 or the amount of the license
fee, whichever amount is less.
(b) For license fees greater than $100, 30 percent of the amount of
the license fee or $750, whichever amount is less.
(2) Any unpaid license fee and delinquent renewal penalty required
by law under the jurisdiction of the department for a prior licensing
period or year continues to be owing to the department. Before taking any
action or procedure against a person who should have paid a prior license
fee, the department shall forward a written notice to the person by
certified mail at the last-known address of the person on the records of
the department advising of the amount owing. The notice shall give such
person 20 days after the mailing date to pay the amount due or to present
written or oral information or argument as to why the person believes the
license fee is not owing. If after such period the department is of the
opinion the license fee for the prior period is owing, it may then
initiate such actions or procedures authorized under the applicable
licensing law to collect the amount due.
(3) The provisions of subsection (2) of this section do not apply
to a statute under the jurisdiction of the department if specific
provisions cover collection of unpaid license fees thereunder. [1967
c.437 §4; 1993 c.536 §1](1) Notwithstanding the provisions of ORS 293.445 (2), the State
Department of Agriculture may, upon application therefor, make refunds
and determine that moneys received by the department are not due or are
in excess of amounts due as fees or penalties relating to the issuance or
renewal of licenses, permits, registrations or certificates under its
jurisdiction, whenever:
(a) The amount received is in excess of the prescribed fee or
penalty;
(b) The applicant has not or will not engage in the activity
requiring the license, permit, registration or certificate or use the
license, permit, registration or certificate during the time period
requiring the license, permit, registration or certificate, and has:
(A) Died, or otherwise involuntarily become incapable of engaging
in such activity; or
(B) Applied for a license, permit, registration or certificate
under a mistake of fact as to the need therefor; or
(c) The applicant, as a condition to the issuance of a license,
permit, registration or certificate, is required to meet certain personal
qualifications, submit a bond, insurance certificate or other indemnity
document to the department, or submit to a departmental examination, and
due to causes beyond the control of the applicant cannot do so.
(2) The department may refuse refunds and determine that moneys
received by the department are due as fees or penalties relating to the
issuance or renewal of licenses, permits, registrations or certificates
under its jurisdiction whenever:
(a) The applicant, as a condition to the issuance of a license,
permit, registration or certificate, is required to submit to a
departmental examination, analysis or inspection, and fails to
voluntarily submit, complete or satisfactorily pass the examination,
analysis or inspection;
(b) The applicant voluntarily determines not to engage in the
activity requiring the license, permit, registration or certificate;
(c) The applicant has engaged in the activity requiring a license,
permit, registration or certificate without having obtained a license,
permit, registration or certificate, whether or not the applicant
thereafter qualified under any of the provisions of subsection (1) of
this section;
(d) Other than costs of clerical processing of the application, the
department has incurred costs for services performed in connection with
the license, permit, registration or certificate, or application therefor;
(e) The moneys subject to refund in accordance with the provisions
of subsection (1) of this section are less than $5; or
(f) The application for refund is not submitted to the department
during the time period of the license, permit, registration or
certificate. [1975 c.758 §2; 2005 c.22 §382](1) In order to simplify
and expedite the issuance of licenses by the State Department of
Agriculture, whenever practical and reasonable the department may accept
a single application and issue a single license covering multiple
activities of a single applicant that are required to be licensed by the
department.
(2) The department may refuse to issue, refuse to renew, revoke or
suspend any license or application for license issued or which may be
issued pursuant to any law under its jurisdiction where it finds that the
licensee has violated any provision of such law or regulations
promulgated thereunder. If a single license is issued covering multiple
activities, the department may refuse to issue, refuse to renew, revoke
or suspend the license for any single activity covered by the license
without affecting other activities covered by the license. [1959 c.229
§11; 1985 c.353 §1] (1) For the purpose of
this section:
(a) “Product” means any animal, agricultural product or commodity,
or any article of human or animal food, chemical or other matter that is
under the supervision or jurisdiction of the State Department of
Agriculture.
(b) “Test” means an analytical, chemical or microbiological test,
or any other similar test or analysis performed by the department
laboratories.
(2) Unless otherwise specifically provided by law, the department
at least quarterly shall publish or distribute information, statistics,
reports or the results of its tests of products, which show a violation
of or noncompliance with a law, standard or regulation.
(3) The department shall make available a copy of the results of
any test performed on a product to the owner or the person in possession
of the tested product. [1969 c.131 §2]
Oregon State
University shall have full authority and responsibility:
(1) For resident instruction in all branches of agriculture.
(2) For research and experimentation in all branches and phases of
agriculture as set forth in federal and state laws creating, maintaining
and defining the work of the agricultural experiment stations.
(3) For educational and demonstrational work in all branches and
phases of agriculture under authority of all federal and state laws
creating, maintaining and defining the work of the Agricultural Extension
Service.
(4) For collection and dissemination of statistical information
bearing upon crop and market conditions and trends of agricultural
production, including agricultural outlook reports and market news
reports.
(5) To conduct educational work in the field of marketing, which
includes information, advice and assistance relative to organizing and
operating cooperative associations and marketing agencies, in accordance
with the division of functions set forth in this chapter.
(6) For coordinating any activities of the agricultural extension
service related to a watershed enhancement project approved by the Oregon
Watershed Enhancement Board under ORS 541.375 with activities of other
cooperating state and federal agencies participating in the project.
[Formerly 561.080]
(1) In order to eliminate unnecessary duplication of effort and expense,
there shall be the fullest cooperation between Oregon State University
and the State Department of Agriculture, including the interchange of
statistical information between the university and the department.
(2) If, in the interest of economy and efficiency, either temporary
or permanent, it appears advisable to have any of the laboratory or
statistical work of the department performed by Oregon State University,
the Director of Agriculture and the director of the experiment station
shall work out a cooperative plan of operation and shall agree upon such
a division of the funds available for such work as may meet with the
approval of the Governor and the State Board of Higher Education.
[Formerly 561.090] The Director of
Agriculture, the director of the agricultural experiment station and the
director of the agricultural extension service of Oregon State University
shall meet in conference at such times as may be necessary to eliminate
any causes of overlapping and friction which may arise in connection with
the conduct of their work; and they are authorized to invite
representatives of collaborating federal agencies to participate in such
conferences. [Formerly 561.100](1) In order that there may be the closest correspondence between
State Department of Agriculture policies and programs, the public
interests and the resolution of practical agricultural problems of the
state, there is created the State Board of Agriculture.
(2) The Director of Agriculture, the Dean of the College of
Agricultural Sciences of Oregon State University and the chairperson of
the Soil and Water Conservation Commission shall serve as ex officio
members of the board. The director and the dean shall be nonvoting
members. The director shall act as secretary of the board. The dean may
appoint a person to represent the dean on the board.
(3) The Governor shall appoint nine members to the board. The
members appointed to the board must be residents of Oregon. Not more than
five of the members appointed to the board may belong to the same
political party. Party affiliation shall be determined by the appropriate
entry on official election registration cards.
(4) The term of each member appointed to the board is four years. A
member shall continue to serve until a successor is appointed and
qualifies. Before a member’s term expires, the Governor shall appoint a
successor. If a vacancy occurs, the Governor shall appoint a person to
complete the remainder of the unexpired term.
(5) A person who serves two consecutive terms on the board is not
eligible for appointment to another term on the board until at least one
year after the expiration of the second consecutive term.
(6) The Governor shall appoint two board members who are not
actively involved in the agricultural industry to be representatives of
the public interests. The Governor shall appoint seven board members who
are actively engaged in the production of agricultural commodities. The
Governor shall seek to ensure that the appointed board members who
produce agricultural commodities reflect the diverse nature of
agricultural commodity production within the state. [Formerly 561.130]
(1) Each member of the State Board of Agriculture may receive
compensation and expenses as provided in ORS 292.495, payable from moneys
appropriated or otherwise made available to the board.
(2) The board shall select a chairperson from among its voting
members.
(3) The board shall meet once during each calendar quarter at a
time and place determined by the chairperson. The board may hold
additional meetings at times and places determined by the chairperson or
the Director of Agriculture, or as requested by five or more members. A
majority of the voting board members constitutes a quorum. An act by a
majority of a quorum is an official act of the board.
(4) By arrangement with the chairperson, the Director of
Agriculture shall review with the board the activities of the State
Department of Agriculture and, subject to policy direction by the board,
outline the methods, policies and program of work for the department.
[Formerly 561.140]
(1) The Legislative Assembly finds and declares that:
(a) Agriculture is an important component of the state economy; and
(b) The sustainability of natural resources in the state greatly
affects the well-being of the residents of the state.
(2) The State Board of Agriculture shall advise the State
Department of Agriculture regarding the implementation, administration
and enforcement of department programs and the development of department
policies designed to positively affect the agricultural industry in this
state, including but not limited to programs and policies to:
(a) Address the continuing changes and adjustments in agricultural
industries.
(b) Foster the natural resources of the state to provide ample
opportunities for productive and beneficial agricultural enterprise.
(c) Guide the department in ensuring the viability of the
agricultural industry in this state. [2005 c.24 §1]Note: 561.376 and 561.378 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 561 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation. The State Board of
Agriculture shall report as provided in ORS 192.230 to 192.250 on a
biennial basis to the Governor and the Legislative Assembly regarding the
status of the agricultural industry in this state. [2005 c.24 §2]Note: See note under 561.376.(1) In order
that there may be the closest contact between the State Department of
Agriculture and the various soil and water conservation districts in the
state, and in order to keep the department advised as to matters of soil
and water conservation in the state, there is created a Soil and Water
Conservation Commission which shall consist of seven members appointed by
the Director of Agriculture.
(2) Each member shall be a citizen of this state and a director of
a soil and water conservation district at the time of appointment. As far
as practicable, the Director of Agriculture shall make appointments so
that geographic areas of the state are represented on the commission. The
term of each member shall be four years. A member shall continue to serve
until a successor is appointed and qualified. Vacancies in office shall
be filled by appointment for the unexpired term.
(3) The members shall be entitled to compensation as provided in
ORS 292.495. At the first meeting after July 1 of each year the
commission shall select a chairperson. The commission shall meet at least
four times each year on a quarterly basis, and otherwise at the call of
the chairperson or the Director of Agriculture. A majority of the members
shall constitute a quorum, and a majority vote of the quorum at any
meeting shall constitute an official act of the commission.
(4) Any member of the commission who fails to attend three
consecutive meetings of the commission, whether regular, adjourned or
special, shall forfeit the office unless the member is prevented from
attending by the serious illness of the member or the member’s family or
for any other cause that in the judgment of the director constitutes a
valid reason for failing to attend. The director shall immediately
appoint a successor.
(5) The function of the commission is to advise and develop policy
with the department in the administration of its duties and powers under
ORS 561.400, 568.210 to 568.808 and 568.900 to 568.933. [1981 c.92 §2;
2005 c.24 §5](1) There is established within the State
Department of Agriculture a Natural Resources Division which shall have
the duties and powers conferred by subsection (2) of this section, by ORS
568.210 to 568.808 and 568.900 to 568.933 and by the Director of
Agriculture. The administrator of the division shall be appointed by the
director under ORS 561.050 after consultation with the Soil and Water
Conservation Commission.
(2) In addition to other duties and powers, the division is
authorized:
(a) To review and approve or disapprove all projects, practices,
budgets, contracts or regulations of soil and water conservation
districts organized under ORS 568.300 to 568.790;
(b) To keep the directors of the soil and water conservation
districts informed of the activities and experiences of other districts,
to assist in the interchange of advice and information among the
districts, and to promote cooperation among the districts;
(c) To coordinate, as much as possible, the various programs of the
soil and water conservation districts;
(d) To solicit the cooperation and assistance of any department or
agency of the United States or other department or agency of this state;
(e) To disseminate information concerning the activities and
programs of soil and water conservation districts and encourage formation
of such districts in areas where they would be desirable and feasible;
(f) To receive, from any source, materials, machinery and equipment
and to transfer such to any soil and water conservation district under
terms and conditions deemed appropriate, including payment by the
district for costs of delivery or use;
(g) To receive from any public or private source, donations, gifts
and grants for the furtherance of soil and water conservation, the
provisions of ORS 568.225 or the protection of natural resources
affecting agriculture, which moneys are continuously appropriated to the
department for the administration of the Natural Resources Division and
functions related thereto and for furnishing support and financial
assistance for the projects and activities of soil and water conservation
districts or other projects and activities relating to natural resources
affecting agriculture or consistent with ORS 568.225;
(h) To establish the procedures for developing and implementing
extended stream bank erosion plans under ORS 561.403;
(i) To review and evaluate documents and proposals of the federal
government, agencies of the State of Oregon, counties, cities, other
governmental bodies or subdivisions thereof relating to natural resources
affecting agriculture or consistent with ORS 568.225; and
(j) To assist in the development of agricultural management
procedures and practices relating to natural resources for the prevention
of soil erosion and water contamination or enhancement of water quality
and quantity.
(3) The administrator of the division shall coordinate any
activities of the Natural Resources Division related to a watershed
enhancement project approved by the Oregon Watershed Enhancement Board
under ORS 541.375 with activities of other cooperating state and federal
agencies participating in the project.
(4) In addition to or in lieu of the coverage provided pursuant to
ORS 30.282 (4), the Oregon Department of Administrative Services may
provide to soil and water conservation districts and their officers,
employees and agents acting within the scope of their employment or
duties, protection against liability as part of the insurance provided to
the State Department of Agriculture pursuant to ORS 278.120 to 278.215.
The Oregon Department of Administrative Services shall determine any
additional contributions to be apportioned to the State Department of
Agriculture under ORS 278.110 for extending insurance to soil and water
conservation districts, and the State Department of Agriculture shall pay
the assessments from such moneys as may be available therefor. [1981 c.92
§3; 1985 c.40 §4; 1985 c.667 §4; 1987 c.158 §119; 1987 c.734 §17; 1989
c.343 §1; 2005 c.175 §5]All moneys received by the Natural Resources Division under ORS
561.400 shall be paid to the State Treasurer and credited to the
Department of Agriculture Service Fund established by ORS 561.144. All
such moneys are continuously appropriated to the State Department of
Agriculture to carry out ORS 561.400. [1991 c.624 §4](1) Upon the request of any soil and
water conservation district, flood control district or municipality, the
Natural Resources Division of the State Department of Agriculture shall
cooperate with the requester to develop an extended stream bank erosion
plan.
(2) An extended stream bank erosion plan shall provide for the best
methods of erosion control for an extended section of stream that affects
all the parties that have requested the division’s assistance in
developing the plan.
(3) In developing an extended stream bank erosion plan, the
division shall cooperate extensively with all persons or entities
interested in or affected by the erosion of the stream bank, including
but not limited to landowners, persons who occupy the land adjacent to
the stream, flood control districts, soil and water conservation
districts, municipalities and other local government units. [1985 c.667
§2]After completing an extended stream bank erosion plan under ORS
561.403, the Natural Resources Division, on behalf of the parties that
developed the plan, shall be responsible for obtaining all available
federal funding and other assistance necessary to implement the extended
stream bank erosion plan. [1985 c.667 §3]FURNISHING SERVICES AND MATERIALS ON CREDIT
(1) The State Department of Agriculture may grant credit for services and
materials furnished pursuant to the laws administered by the department.
(2) The department shall prepare an itemized invoice of the
services and materials furnished by the department and send the invoice
to the person responsible for payment. The amount owing by the person is
due and payable to the department on or before the 30th day after the
date of the invoice. [1959 c.229 §2; 1963 c.373 §1; 2003 c.641 §1] (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 to be rendered for a
period of three months.
(2) The department may, in lieu of such deposit, accept a bond to
secure payment for services or materials to be furnished. The deposit or
posting of the bond shall not relieve the person from making payments as
required by law or by ORS 561.410.
(3) If such person files a written statement with the department
that services or materials of the department are no longer required, the
department, upon receipt of all payments due, shall refund to the person
all deposits remaining to the person’s credit and shall cancel any bond
given under this section. [1959 c.229 §5] (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 lien, which shall be valid until paid in full, attaches
upon the filing of a Notice of Claim of Lien with the county clerk of the
county in which the property is located. The notice of lien claim shall
contain a true statement of the amount due. The county clerk shall record
the claim of lien and shall receive the same fees as are allowed by law
for recording other lien instruments.
(3) The lien created by this section may be foreclosed in the
circuit court in the same manner provided by law for the foreclosure of
other liens on real or personal property.
(4) The lien created by this section is prior to all liens and
encumbrances recorded subsequent to the filing of claim of lien, except
taxes and labor liens. [1959 c.229 §6; 1961 c.425 §3]QUARANTINE POWERS
Whenever, in the opinion of the Director of Agriculture any animals,
fowls, bees, fruits, vegetables, plants, parts of plants or seeds within
any area or section are diseased or infected with any infestation, or any
area or section is infested with any kind of weed, which disease,
infestation or weed is liable to spread and become detrimental to the
plant or animal life of this state or is liable to injuriously affect the
health of citizens of the state, with reference to any of which the
Secretary of Agriculture of the United States has not determined that a
quarantine is necessary and established a quarantine, the director is
authorized, with the consent of the Governor, to declare a quarantine
against the movement of any such animals, fowls, bees, fruits,
vegetables, plants, parts of plants or seeds, or against the movement of
any articles which may contain such weeds or the seeds thereof, or which
may be liable to spread such disease or infestation into the state, if
such area or section be outside the boundaries of this state, or against
the movement from such area or section of such animals, bees, fowls,
fruits, vegetables, plants, parts of plants or seeds, or against the
movement within the state of articles liable to spread such weeds or weed
seeds, or which may be liable to spread such disease or infestation, if
such area or section is within the state. (1) Before
the Director of Agriculture declares a quarantine relating to any area or
section within the state, the director shall, if the quarantine involves
the control, eradication or destruction of any disease, infestation or
weeds within the area, file a copy of the proposed order of quarantine
and a copy of any rules and regulations in connection with the quarantine
in the office of the county clerk of the county in which the area is
situated, or a copy thereof in the office of the county clerk of each of
the several counties included in the area or within which a part of the
area is located, and shall publish the order as provided by ORS 561.585
in a newspaper of general circulation in the area sought to be
quarantined. The director, in the publication, shall give notice that a
hearing will be held by the State Department of Agriculture for the
consideration of remonstrances against the proposed quarantine:
(a) At the courthouse in the county seat in the county in which the
area is proposed to be created; or
(b) At a courthouse in one of the counties in each congressional
district in which the area is proposed to be created, if the area
includes more than one county in the congressional district.
(2) A hearing under subsection (1) of this section may not be held
less than 15 days or more than 30 days from the date of publication of
the notice.
(3) If no remonstrances are presented at the hearing or hearings,
or if the remonstrances presented are deemed by the director to be
without merit or insufficient, the director shall make the order of
quarantine as proposed. However, if the director is of the opinion that
any change or changes in the proposed quarantine order, or in the rules
and regulations in connection therewith, should be made, the director
may, in the discretion of the director, alter, amend or revoke the
proposed order of quarantine or the rule or regulation.
(4) An order of quarantine shall be filed and published as
authorized by ORS 561.585. Proof of publication of the notice of hearing
or hearings shall be filed with the county clerk of each county within
which the quarantine area or a part thereof is situated.
(5) Orders relating to the quarantine of areas located outside of
Oregon or of the movement of animals, fowls, bees, fruits, vegetables,
plants, parts of plants or seeds, or of the movement of any article that
may contain weeds or seeds or other materials that may be liable to
spread disease or infestation into Oregon, as provided by ORS 561.510 or
561.560, may not be promulgated until at least one public hearing has
been held within the state. If an emergency exists and postponement of
the effective date would result in serious prejudice to the public
interest, or the interest, health or economy of the parties directly or
indirectly affected thereby, the quarantine may be made effective
immediately as authorized by ORS 183.355 (2)(b). [Amended by 1961 c.118
§1; 1971 c.734 §27; 2005 c.22 §383] (1)
Whenever a quarantine of any kind or nature is declared pursuant to any
law with the administration of which law the State Department of
Agriculture is charged, such quarantine shall be declared by written
order signed by the Director of Agriculture and containing the approval
of the Governor over the Governor’s signature. The order shall be filed
in the department.
(2) If the quarantine is on area or areas within this state, two
copies thereof certified by the director, together with two copies of the
rules and regulations governing such quarantine, shall be delivered to
the county clerk of each county included in or within which any
quarantined area or part thereof is situated.
(3) It shall be the duty of the county clerk immediately to post
one each of such copies in a conspicuous place in the county courthouse
and to file one each of such copies in the county records. Any such order
of quarantine shall give notice of the date that such quarantine takes
effect, which shall be not less than 10 nor more than 30 days from the
date of the first publication thereof.
(4) The order of quarantine, together with any rules and
regulations governing the same, shall be published at least once in some
publication of general circulation throughout the state. (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 articles liable to contain weeds or weed
seeds or to spread disease or infestation, which are subject to
quarantine, may be permitted subject to such regulations as the director
may prescribe.
(3) Any such diseased or infested animals, fowls, bees, fruits,
vegetables, plants, parts of plants, seeds, weeds, weed seeds and any
articles, structures or lands within any quarantine area or section
within this state shall be subject to such regulations for the
eradication of such disease, infestation or weeds as the director may
prescribe. (1) When in the opinion of the
Director of Agriculture any quarantine authorized by ORS 561.510 is no
longer necessary to protect the public welfare of the state, the director
may by written order, approved in writing by the Governor, declare such
quarantine removed.
(2) Whenever a quarantine of any kind or nature, declared pursuant
to any law with the administration of which the State Department of
Agriculture is charged, is removed, the fact of its removal shall be
published and filed in the same manner as the order declaring the
quarantine.(1) Notwithstanding ORS chapter 183, whenever the
Director of Agriculture determines the fact that a dangerous plant,
animal, fowl or bee disease or insect infestation new to, or not
theretofore widely prevalent or distributed within and throughout the
state, exists in any state, territory, country or locality outside of
this state, or in any locality within this state, which disease or
infestation is of such nature that it will be impossible to follow the
procedure provided for in ORS 561.510 to 561.530 without serious danger
of the wide spread within the state of such disease or infestation during
the time required by such procedure, the director is authorized and
directed to declare, by written order, a quarantine against the movement
into or within the state from such state, territory, country or locality,
of any plants, animals, fowls, bees or articles which are liable to
spread such disease or infestation. A written order may be amended as the
director determines is necessary. A written order and any subsequent
amendments thereto shall be signed by the director.
(2) The director shall file all quarantine orders and any
amendments thereto with the Secretary of State and shall publish a notice
of such quarantine and of any amendments to a quarantine order in a
newspaper of general circulation throughout the state. The director shall
take such other action as the director considers reasonable to insure
that persons affected by a quarantine have knowledge thereof. From and
after the filing of a quarantine order, or amendment thereto, with the
Secretary of State it shall be unlawful for any person, firm or
corporation to carry, move or transport any plants, animals, fowls, bees
or articles specified in a quarantine order, or amendment thereto, from
the quarantined area into or through any part of the state, except as
provided in the order, or amendment thereto. Proofs of the publication of
the notices provided for in this section shall be filed in the office of
the State Department of Agriculture.
(3) No such emergency quarantine, as provided for in this section,
shall be effective for more than 90 days after the date of the first
publication of notice thereof. However, a quarantine for a longer period
may be declared under the provisions of ORS 561.510 to 561.550, to take
effect at or before the expiration of such 90-day period.
(4) The Governor by filing an order with the Secretary of State may
terminate such department order. Thereafter and relating only to that
particular subject matter and emergency, the department shall be required
to obtain the approval of the Governor before any additional quarantine
or amendments thereto are issued under this statute. [Amended by 1969
c.150 §1; 1971 c.734 §85](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 as to animals, fowls, plants, weeds, insects and seeds,
subject to quarantine, manner of enforcing quarantine and manner of
treating diseased or infested animals, fowls, plants, seeds and articles
containing weeds and weed seeds.
(2) The Director of Agriculture shall suggest to the Governor, from
time to time, any changes in the laws of this state or any additional
laws which will tend to unify the quarantine laws of the United States
and this and other states of the United States.
(3) Whenever the director deems it to be of advantage toward
carrying out the purpose of this section, the director may forward to the
United States Department of Agriculture copies of proposed rules and
regulations to govern quarantines in this state and request suggestions
from the United States Department of Agriculture tending toward uniform
provisions governing quarantines throughout the several states.
When the State Department of Agriculture is required to publish an order
of quarantine or rules or regulations promulgated thereunder in a
newspaper, it may in its discretion publish only a brief concise summary
statement of the contents of such order or regulations and notice that
complete copies thereof are on file and can be obtained from the
department, certain county clerks and the Secretary of State. [1961 c.118
§3] 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 connection therewith. 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 becomes necessary for the department to detain, seize
or embargo any food, article or product under any law the administration
of which is vested in the department.
(2) The department shall cause to be affixed to the products being
detained, seized or embargoed, a notice that the products are being
detained, seized or embargoed by the department and warning all persons
that they may not be removed from the place at which they are being held
without written permission from the department.
(3) The department shall notify in writing the owner or person in
possession of the products that the products are being detained, seized
or embargoed by the department. If the person in possession of the
products is not the owner, the department shall make a reasonable effort
to notify the owner. Such notice shall state the reason for the
department’s action, and shall notify the owner or person in possession
of the right to be heard before the department in opposition to the
action. [Formerly part of 616.095] (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 the owner or the person in
possession but the time limited for filing such request is to be computed
from the time the required notice is first received by either of such
persons. When the department receives a request for a hearing, it shall
designate the time and place of hearing.
(2) The hearing shall not be held sooner than 10 days after the
request for a hearing has been received by the department. However, if
the subject matter of the department’s action is perishable goods, or if,
in the opinion of the department, other good and sufficient reason
appears, the hearing may, at the request of the owner or person in
possession of such goods, be held at an earlier date. [Formerly part of
616.095] (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 being stored, sold,
kept, offered or exposed for sale in violation of law, the products shall
be released to the owner or person in possession. If it appears that all
or part of such products may be reconditioned or relabeled or segregated
in such a way as to comply with state laws, the owner or person in
possession may cause them to be reconditioned, relabeled or segregated at
the owner’s or person’s own expense, after which the department shall
release them. If it appears that all or a part of the products may not be
reconditioned, relabeled or segregated in such a way as to comply with
state laws, that portion of the products which may not be so treated
shall be destroyed, unless the owner or person in possession executes and
delivers to the department a good and sufficient bond to the effect that
the products shall not be sold, disposed of or used contrary to the laws
of Oregon and the rules, regulations or orders thereunder promulgated. If
any food products are found to be unfit for human consumption but
suitable for animal feeding, such food products may be used for animal
feeding as permitted by the department. [Formerly part of 616.095; 1971
c.734 §88; 1999 c.849 §§119,120; 2003 c.75 §47] (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 matter of the
action, or, if the owner or person in possession of such products does
not within 30 days after the hearing either comply with the orders of the
department as to reconditioning, relabeling or segregating or perfect an
appeal to the circuit court, the department may summarily destroy or
otherwise dispose of the subject matter of the action.
(2) If it appears to the department that there is a reasonable
possibility that a product is capable of salvage and the owner or person
in possession does not seek to regain custody within the time and in the
manner provided in ORS 561.605 to 561.620, the department may dispose of
the product so as to obtain such salvage. Any salvage so recovered shall,
after paying the costs of sale or disposition and including storage, if
any, be remitted to the true owner, if known, or if not known, then to
the person in possession. A sale or disposition for salvage shall be upon
such conditions as to labeling, reconditioning or segregation as the
department deems necessary to comply with the law relating to such
product. [Formerly part of 616.095]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 agreement between the State
Department of Agriculture and the owner or person in possession of such
products. [Subsection (1) of 1965 Replacement Part formerly 616.100;
subsection (2) of 1965 Replacement Part formerly part of 616.095; 1967
c.437 §2] 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]STATE WEED BOARD (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 Mountains.
(b) At least two members shall be residents of that portion of the
state west of the summit of the Cascade Mountains.
(c) Two members shall be selected from among those individuals
recommended by the Association of Oregon Counties.
(d) The director or a designee of the director shall serve as a
member.
(2) The term of each member is four years, but a member serves at
the pleasure of the director. Before the expiration of the term of a
member, the director shall appoint a successor. A member is eligible for
reappointment. If there is a vacancy for any cause, the director shall
make an appointment to become immediately effective for the unexpired
term.
(3) As used in subsection (1) of this section, “summit of the
Cascade Mountains” means a line beginning at the intersection of the
northern boundary of the State of Oregon and the western boundary of Hood
River County; thence southerly along the western boundaries of Hood
River, Jefferson, Deschutes and Klamath Counties to the southern boundary
of the State of Oregon. [1985 c.620 §2] A member of the State Weed Board
is entitled to compensation and expenses as provided in ORS 292.495.
[1985 c.620 §4] (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 board constitutes a quorum for
the transaction of business.
(3) The board shall meet at such times and places as are specified
by the call of the Director of Agriculture or the chairperson. [1985
c.620 §5] 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) Assist the Director of Agriculture in allocating moneys made
available to the State Department of Agriculture for the payment of weed
control expenses to weed control programs conducted in the various
counties on the basis of the plan implemented under ORS 561.683.
(3) Help the department to coordinate the weed control program
efforts of the various counties and advise the director in performing
weed control duties, functions and powers assigned to the State
Department of Agriculture pursuant to ORS chapter 570 or any other
provision of law. [1985 c.620 §6; 2005 c.392 §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 primary
state agency for assisting weed control districts, state agencies and
others in coordinating their noxious weed control efforts.
(2) The department and the board shall initiate and actively pursue
efforts to secure an optimum level of federal and private funding for
noxious weed control efforts in this state. The department and the board
shall give priority under this subsection to securing funding for noxious
weed control projects that are consistent with the plan implemented under
subsection (1) of this section. [2005 c.392 §1]Note: 561.683 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 Revised Statutes for further
explanation.Note: Section 3, chapter 392, Oregon Laws 2005, provides:
Sec. 3. (1) The State Department of Agriculture shall report to an
interim committee of the Seventy-fourth Legislative Assembly regarding
implementation of the noxious weed control plan under section 1 of this
2005 Act [561.683]. The department shall report in the manner provided by
ORS 192.245 no later than October 1, 2008. The report shall include any
recommendations for proposed legislation to assist weed control districts
in the enforcement of local noxious weed control programs. The report
shall also include the results of efforts by the department to secure
federal and private noxious weed control funding under section 1 of this
2005 Act. The report may be filed with any committee dealing with issues
relating to agriculture or natural resources.
(2) The department shall consult with and seek the approval of the
State Weed Board before filing the report described in this section. If
the board does not approve of the report, the board shall file a
dissenting report with the committee. [2005 c.392 §3]INVASIVE SPECIES COUNCIL(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 Invasive Species Council shall:
(a) Create and maintain appropriate Internet sites, toll-free
telephone numbers or other means of communication for statewide use in
reporting sightings of invasive species.
(b) Encourage the reporting of invasive species sightings by
publicizing means of communication made available by the council under
paragraph (a) of this subsection.
(c) Forward reports of invasive species sightings to appropriate
agencies.
(d) Produce educational materials and press releases concerning
invasive species.
(e) Conduct educational meetings and conferences.
(f) Develop a statewide plan for dealing with invasive species. The
plan should include, but need not be limited to, a review of state
authority to prevent the introduction of invasive species and to
eradicate, contain or manage existing invasive species.
(g) Solicit proposals and review applications for grants or loans
to further projects providing education about invasive species.
(h) Provide grants or loans to agencies, organizations or
individuals for eradicating new invasions.
(3) The council may approve the expenditure of funds by the
council, or any member thereof, for the production of educational
materials or the presentation of educational materials. [2001 c.413 §6]Note: 561.685 to 561.695 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 561 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation. (1) There is
established the Invasive Species Council. Except as provided in ORS
561.691 (1), the council shall consist of 12 members. The following
persons are ex officio members of the council:
(a) The Director of Agriculture or a designated representative.
(b) The president of Portland State University or a designated
representative.
(c) The State Fish and Wildlife Director or a designated
representative.
(d) The administrative head of the Sea Grant College of Oregon
State University or a designated representative.
(2) Each of the ex officio members described in subsection (1) of
this section shall appoint two members to the council.
(3) The term of office of each appointed member is two years, but
an appointed member serves at the pleasure of the appointing authority.
Before the expiration of a term, the appointing authority shall appoint a
successor whose term begins on January 1 next following. An appointed
member may not serve more than two successive terms on the council. If
there is a vacancy in an appointed member position for any cause, the
appointing authority shall make an appointment to become immediately
effective for the unexpired term.
(4) In making appointments to the council, the appointing
authorities shall endeavor to appoint persons representative of the
geographic, cultural and economic diversity of this state. The appointing
authorities may give consideration to nominations submitted by federal
and state agencies, local governments, universities, industry and other
groups having an interest in invasive species.
(5) An appointed member of the council is not entitled to
compensation under ORS 292.495. A member of the council is not entitled
to reimbursement for expenses. At the discretion of the council, council
members may be reimbursed from funds available to the council for actual
and necessary travel and other expenses incurred by members of the
council in the performance of their official duties, subject to the
limits described in ORS 292.495. [2001 c.413 §1]Note: See note under 561.685. (1) The Invasive Species
Council shall select a voting ex officio member of the council as
chairperson and another voting ex officio member as vice chairperson.
Each voting ex officio member of the council shall serve one year as
chairperson and one year as vice chairperson during any four-year period.
The chairperson and vice chairperson shall have duties and powers
necessary for the performance of the functions of those offices as a
majority of the voting ex officio members determines.
(2) A majority of the voting members of the council constitutes a
quorum for the transaction of business.
(3) The council shall meet at times and places specified by the
call of the chairperson or of a majority of the voting members of the
council. [2001 c.413 §3]Note: See note under 561.685.(1) Subject to available funding, the Invasive
Species Council may appoint a State Invasive Species Coordinator to serve
at the pleasure of the voting members of the council. The appointment of
the coordinator must be by written order, filed with the Secretary of
State. If the council appoints a coordinator, the coordinator shall serve
as a nonvoting ex officio member of the council.
(2) The State Department of Agriculture is responsible for ensuring
payment of the administrative expenses of the council. The State
Department of Agriculture may enter into interagency agreements under ORS
190.110 with the State Department of Fish and Wildlife, Portland State
University and Oregon State University for sharing the administrative
expenses of the council. [2001 c.413 §4]Note: See note under 561.685. (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, membership, terms and
organization of the committees and appoint their members.
(2) Members of the committees are not entitled to compensation, but
at the discretion of the council may be reimbursed from funds available
to the council for actual and necessary travel and other expenses
incurred by members of the committees in the performance of their
official duties, subject to ORS 292.495. [2001 c.413 §5]Note: See note under 561.685. (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 moneys in
the account are continuously appropriated to the council and may be used
by the council for purposes authorized by law, including but not limited
to providing grants or loans as described under ORS 561.685.
(2) The Invasive Species Council may accept moneys through gifts,
grants and donations from public and private sources. The council shall
deposit the gifts, grants and donations with the State Treasurer for
credit to a trust account separate and distinct from the General Fund.
Interest earned by the trust account shall be credited to the trust
account. Except as otherwise provided by the donor, the council may use
trust account moneys for any purpose described in ORS 561.685. [2001
c.413 §7]Note: See note under 561.685.NEW CROPS DEVELOPMENT BOARD(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 the designee of the director and the Director of
the Department of Environmental Quality or the designee of the director
shall be nonvoting ex officio members of the board.
(2) The term of each voting member is four years, but a member
serves at the pleasure of the Director of Agriculture. Before the
expiration of the term of a voting member, the director shall appoint a
successor. A voting member is eligible for reappointment. If there is a
vacancy for any cause, the director shall make an appointment to become
immediately effective for the unexpired term.
(3) Each voting member of the board shall be a citizen of this
state and actively engaged in some segment of the agricultural crop
industry. As far as practicable, the Director of Agriculture shall make
appointments so that the various geographic areas of the state and
segments of the agricultural crop industry are represented on the board.
(4) To the extent that moneys received pursuant to ORS 561.720 are
available therefor in the Department of Agriculture Service Fund, a
member of the board is entitled to compensation and expenses as provided
in ORS 292.495. [1983 c.501 §2] (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 members of the board constitutes a
quorum for the transaction of business.
(3) The board shall meet at such times and places as may be
specified by the call of the chairperson or of a majority of the voting
members of the board. [1983 c.501 §3] 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 research or
development proposals, and for this purpose may consult with the
appropriate persons in universities, research institutions, business
enterprises or other public or private bodies.
(2) May accept contributions, gifts or grants from any public or
private source.
(3) May make grants and disbursements of funds to, and enter into
agreements with, public or private agencies, schools, organizations,
institutions or individuals, for the research, study, experimentation or
development of new or alternative crop production, processing or uses.
(4) Shall review and evaluate the results of all grants and
agreements.
(5) May act as a clearinghouse for information and reports
involving the research, study, experimentation or development of new or
alternative crop production, processing, markets or uses.
(6) May act as liaison between those engaged in the research,
study, experimentation or development of new or alternative crop
production, processing, markets or uses. [1983 c.501 §4; 1985 c.623 §8] 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 561.720. [1983 c.501 §5]ANHYDROUS AMMONIA As used in ORS
561.750 to 561.760:
(1) “Anhydrous ammonia”:
(a) Means a liquid or gaseous inorganic compound that is formed by
the chemical combination of nitrogen and hydrogen in the molar proportion
of one part nitrogen to three parts hydrogen.
(b) Does not mean ammonium hydroxide.
(2) “Distributor” means a person that imports, consigns, sells,
offers for sale, barters, exchanges or otherwise facilitates the supply
of anhydrous ammonia to a user in this state.
(3) “Nontoxic dye” means a biodegradable, clear liquid product that
causes staining when exposed to air.
(4) “Other additive” means a product other than a nontoxic dye
that, when put in tanks containing anhydrous ammonia, renders the
anhydrous ammonia nonreactive, unusable or undesirable for use as a
precursor substance in the manufacture of methamphetamine.
(5) “User” means a person that applies anhydrous ammonia as a plant
nutrient in the course of engaging in agricultural activity in this
state. [2005 c.706 §19]Note: 561.750 to 561.760 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 561 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation. (1) The
State Department of Agriculture, by rule and in consultation with the
Department of State Police, shall certify each brand of nontoxic dye or
other additive that a distributor or user may add to anhydrous ammonia.
(2) In accordance with applicable provisions of ORS chapter 183,
the State Department of Agriculture shall adopt rules establishing
standards to be used in making certifications under this section and for
the administration of ORS 561.760. In establishing the standards, the
State Department of Agriculture shall consult with the Anhydrous Ammonia
Additive Review Committee established under ORS 561.760. [2005 c.706 §20]Note: See note under 561.750. (1) The
Director of Agriculture, in consultation with the Superintendent of State
Police, shall appoint an Anhydrous Ammonia Additive Review Committee
consisting of not fewer than six members. The term of a member is four
years, but a member serves at the pleasure of the director.
(2) Members of the committee are not entitled to compensation, but
in the discretion of the director may be reimbursed from funds available
to the State Department of Agriculture for actual and necessary travel
and other expenses incurred by them in the performance of their official
duties in the manner and amount provided in ORS 292.495.
(3) The members of the committee shall include at least one
representative from each of the following:
(a) The Department of State Police.
(b) The State Department of Agriculture.
(c) Manufacturers of anhydrous ammonia fertilizers.
(d) The Oregon State University Extension Service.
(e) Retail distributors.
(f) Users who are growers of agricultural commodities.
(4) The committee:
(a) May review all relevant scientific and economic data on
nontoxic dyes or other additives for anhydrous ammonia that are submitted
for certification to the State Department of Agriculture under ORS
561.755.
(b) Shall, at a minimum, require the manufacturer of any product
submitted under ORS 561.755 to provide sufficient scientifically valid
data for each submitted nontoxic dye or other additive to allow the State
Department of Agriculture to determine the dye’s or additive’s:
(A) Impact on crop yield;
(B) Specific food crop residue analysis; and
(C) Impact on the environment.
(c) May issue recommendations to the director regarding whether a
nontoxic dye or other additive to anhydrous ammonia should be certified
by the State Department of Agriculture under ORS 561.755. [2005 c.706 §21]Note: See note under 561.750.PENALTIES(1) Violation of ORS 561.170 is a Class C
violation.
(2) Violation of ORS 561.200 is punishable, upon conviction, by a
fine of not to exceed $100 or by imprisonment for not more than 30 days,
or both.
(3) Violation of ORS 561.220 or 561.230 is a misdemeanor.
(4) Violation of ORS 561.590 is punishable, upon conviction, by a
fine of not less than $500 nor more than $5,000.
(5) Violation of any of the provisions of ORS 561.605 to 561.630 is
a Class D violation. [Subsection (3) enacted as 1955 c.11 §3; subsection
(5) formerly part of 616.990; 1971 c.743 §399; 1973 c.10 §1; 1999 c.1051
§199] (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 violation of an order, rule or regulation described under
ORS 561.590 is a separate offense subject to a separate civil penalty.
(3) The department shall develop one or more schedules setting the
amounts of civil penalties that may be imposed for particular types of
violations.
(4) The imposition of a civil penalty under this section is subject
to ORS 183.745.
(5) The State Treasurer shall deposit all moneys from penalties
recovered under this section into the Department of Agriculture Account.
Moneys deposited under this subsection are continuously appropriated to
the department for the administration and enforcement of quarantine laws.
[1999 c.390 §2]
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