As used in ORS
570.005 to 570.600 and 570.990, unless the context requires otherwise:
(1) "Department" means the State Department of Agriculture.
(2) "Director" means the Director of Agriculture.COUNTY HORTICULTURAL INSPECTORS(1) Upon petition of not less than 25 resident fruit growers
of any county of this state, the county court of such county may, subject
to the approval of the Director of Agriculture, appoint a county
horticultural inspector, whose duties are:
(a) To inspect orchards, nurseries, trees, shrubs, vines, fruits,
vegetables, plants, packing houses, warehouses, storerooms, farms and
other places within the county.
(b) To visit and inspect the fruit drying and packing plants while
such plants are in operation.
(c) To enforce the regulations required by the State Department of
Agriculture governing the handling, drying and packing of prunes, apples,
loganberries or other fruits evaporated and packed for human consumption.
(d) To enforce all laws of the state relating to such insect pests
and such diseases as affect trees, vines, plants of any kind, or fruit or
vegetables of any kind and all other horticultural laws, rules and
regulations of the state.
(2) The county horticultural inspector shall hold office during the
pleasure of the county court. [Amended by 1971 c.397 §1] Upon a petition of not less than 25
resident fruit growers of any county of this state, the county court of
such county may, subject to the approval of the Director of Agriculture,
appoint one or more deputy county horticultural inspectors. Each deputy
inspector shall hold office during the pleasure of the county court and
shall have and perform all the powers and duties of a county
horticultural inspector. The county horticultural
inspectors, deputy county horticultural inspectors and all other persons
authorized to enforce the horticultural and inspection laws of Oregon are
authorized and empowered to enter upon or into any premises, land,
buildings, enclosures or other places for the purpose of inspecting any
article which is subject to or may be subject to infestation with any
insect injurious to any article which grows upon or in or from the soil
by processes of plant growth, or the eggs, larvae or pupae of such
insects or with any disease injurious to any such article or articles and
for the further purpose of enforcing any of the laws of this state
relating to horticultural quarantine or horticultural inspection or the
abatement of horticultural nuisances or any other duties imposed by law
upon such inspectors and other persons authorized to enforce the
inspection and horticultural laws of Oregon.The State Department of Agriculture shall instruct and educate
the county and deputy county horticultural inspectors as to the laws and
quarantine regulations of the state, and the rules and regulations of the
department. The inspectors shall perform their duties under the general
supervision of the department, to which they shall make reports in the
manner prescribed by the department.
(1) Each county horticultural inspector and deputy inspector shall be
paid for services by the county and actual necessary expenses incurred in
the performance of duties. The county horticultural inspector and each
deputy inspector shall report monthly to the State Department of
Agriculture the time for which the inspector or deputy inspector is
entitled to pay during the month for which such report is made, and a
statement of actual necessary expenses incurred in the performance of
duties as such inspector, and the department shall certify the report to
the county court before such compensation and expenses shall be paid.
(2) The county court shall supply the county and deputy county
horticultural inspectors with such blanks, stationery, postage, equipment
and clerical hire as are needed in the performance of their official
duties. The State Department of
Agriculture shall hear and promptly decide all appeals from the county or
deputy county horticultural inspectors. Its decisions shall have full
force and effect until set aside by the courts of the state. All appeals
from inspectors to the department shall be under the form and regulations
prescribed by the department. If any county for
any reason fails to appoint a county horticultural inspector or if for
any reason the inspector is not available, the nearest inspector
available may perform such services, and the compensation of the
inspector and the necessary expenses incurred in the performance of duty
shall be charged against the county where the service is performed, as if
the inspector had been appointed by the county court of such county.All clerks,
bookkeepers, express agents, railroad officials, employees, or employees
of common carriers shall render to the State Department of Agriculture
and its inspectors all assistance in their power in tracing, finding or
discovering the presence of any article named in the horticultural laws.
Any refusal or neglect on the part of said persons to render such
friendly aid to assist in the carrying out of ORS 564.020, 570.005 to
570.055, 570.125, 570.320, 570.335 to 570.360 is a misdemeanor. All
peace officers in this state shall enforce all quarantine measures
promulgated by the United States Department of Agriculture and the State
Department of Agriculture.All fines imposed under ORS 570.990
for violation of any of the provisions of ORS 570.010 to 570.050 shall,
when collected, be paid to the treasurer of the county where imposed, to
be placed in the current expense fund of such county and to be used to
assist in defraying the expenses of horticultural inspection.INSPECTION AND QUARANTINE GENERALLY; ABATEMENT OF NUISANCES As used in ORS
570.110 to 570.190, unless the context requires otherwise, "nursery
stock" includes all trees, shrubs, vines, plants, cuttings, grafts,
scions, buds, fruit pits, nuts and other seeds of fruit, forest and
ornamental trees and shrubs, both deciduous and evergreen, grown for sale
or propagation or planting or collected in the wild, and all flowering
bulbs, corms, roots, rooted herbaceous plants, or cuttings used or to be
used for ornamental purposes, or cut greenery either cultivated or
collected in the wild, used for ornamental purposes, but does not include
cut flowers, or such cut greenery as ferns, and foliage grown under glass
or other artificial covering. The
Director of Agriculture, and such officers, employees and deputies as the
director assigns to such duty, shall visit the different parts of the
state and shall see that all regulations of the State Department of
Agriculture and all provisions of law to prevent the introduction or
spread of fruit pests and diseases of trees or plants injurious to the
horticultural interests of the state are enforced. The director forthwith
shall, upon the complaint of interested parties, inspect or cause to be
inspected by some officer, employee or deputy of the department,
orchards, nurseries and other places suspected to be infested with fruit
pests or infected with diseases injurious to trees, plants or fruits. (1) If upon report of
any officer, employee or deputy of the State Department of Agriculture,
the Director of Agriculture is of the opinion that any locality,
district, orchard or place is infested with fruit pests or infected with
disease injurious to trees, plants or fruits, and liable to spread to
other orchards or localities to their damage or injury so as to be a
public danger, the director shall, by an order entered in the records of
the department, declare such place to be under quarantine. The director
shall give notice thereof by posting a notice in writing in a conspicuous
place upon the premises, specifying with convenient certainty what place
or premises are under quarantine regulations and by delivering a copy of
such notice to the owner or person in charge of the premises, if the
owner or person in charge may be found thereon. Such place thereafter
shall be subject to quarantine regulations of the department.
(2) As soon as, in the opinion of the director the danger from such
quarantine locality has ceased, the director may revoke the quarantine. The powers
conferred in ORS 570.110 and 570.115 shall be exercised only in great and
imminent danger to the fruit interests of the state and with utmost
caution and regard for the rights of individuals affected, consistent
with the safety and welfare of the fruit interest of the whole state. (1) Upon request of any
nurseryman or tree dealer doing business within this state, the Director
of Agriculture may deputize a suitable person to inspect outgoing
shipments from such nurseryman or tree dealer. The nurseryman or tree
dealer shall pay the person so deputized for services while they are
required by such nurseryman or tree dealer.
(2) In case the shipping business of any two or more nurserymen and
tree dealers is not in the aggregate more than one person can inspect
properly and such group makes satisfactory arrangements for payment of
the person making such inspection, the director may deputize a person to
inspect the shipment of all members of such group.
(3) No person deputized by the director to inspect outgoing
shipments of nursery stock shall make any certificate concerning such
shipments which is not true. No person so deputized shall allow a
certificate of inspection given by the person to be attached to any tree,
shrub, vine, plant, scion, bud, or box, crate, bale, bundle or container
of the same or of any of them unless the person personally has inspected
the articles and all of them immediately before signing such certificate,
which must be dated in writing at the time it is signed.
(4) The director may revoke deputization of any such person at any
time if the director believes such person is not properly doing the duty
of the person.When any shipment of nursery stock, fruits,
vegetables, seed, nuts or field crops are brought into this state or
shipped within the state they must have attached to the container the
required permits, tags or markings of the state of origin, and must be
free of injurious insect pests and diseases or their eggs, larvae or
pupae or other pests. The officers,
employees, deputies and inspectors of the State Department of Agriculture
and the county horticultural inspectors and their deputies may enter at
any time into any car, warehouse, depot, or upon any ship within the
boundaries of this state, whether in the stream or at the dock, wharf,
mole or any other place where such nursery stock or fruit or vegetables
or seed or field crops or other such articles are received, or in which
any of such articles are imported into the state, for the purpose of
making the investigation or examination to ascertain whether such
articles are infested with any injurious insects or their eggs, larvae or
pupae or other plant pests or diseases. When any
shipment of nursery stock, fruits, vegetables, seed, nuts or field crops
are found upon inspection to be infested with injurious insect pests or
diseases or their eggs, larvae or pupae or other plant pests, the
inspector shall give notice to the shipper of the pests or diseases found
and the manner of disposition, as provided for in ORS 570.145 to 570.165.When, in the judgment of the inspector, materials not infested
or infected can be separated from the infested or infected article
without danger of escape from such article of the insects, their eggs,
larvae or pupae, diseases or other plant pests and the owner, person,
firm or corporation having control or possession of such articles desires
to separate as instructed, the officer making the inspection shall give
permission in writing to make such separation within a specified time and
at the expense of the owner or responsible party who authorized the
separation and under the supervision of such official or some person
authorized by the inspector to exercise such supervision. Whenever the
official who makes such inspection has other official work awaiting and
it appears that the time required for separating and destroying such
articles may exceed one hour, the official may authorize and deputize
some proper person to supervise the separation of the infested or
infected articles from the uninfested or uninfected articles and the
destruction of the infested and infected articles. The person so
authorized shall be paid by the owner or the party who authorized the
separation, or by both, for services while supervising the separation and
destruction of such articles.When, in the judgment of the inspector, all or part of a
shipment can be treated to exterminate the plant pests or diseases, the
owner or responsible agents of the owner shall be so notified. The notice
shall include the exact method and materials to be used, and provide that
all treatments shall be given under direct supervision of an authorized
inspector and shall be done at the expense of the owner or the party who
authorized such treatment or both.
(1) When no provision is made by the inspecting official for disposition
by separation or treatment, the notice provided for in ORS 570.140 will
require that all condemned materials be promptly shipped out of the state
within a specified time, the limit of which shall be not less than 48
hours nor more than 10 days, according to the nature of the insects or
diseases. The owner or person in charge thereof shall so ship such
articles, but such shipment shall be made under the direction of the
officer making the inspection and shall be at the expense of the owner or
agent of the owner.
(2) If the owner or the agent of the owner fails to comply with the
notice, the articles shall be destroyed by the officer at the expense of
the owner or agent. In case the articles cannot be reshipped out of the
state without danger of escape of the pest or disease to the orchards,
vineyards, farms, gardens, ornamentals, and their products of Oregon, the
articles shall immediately be destroyed by the inspecting official or the
person who has inspected the same or under the direction of the official
or person.In case the shipment, although apparently sound and not
infested or infected by any pests, is from an infested or infected
district beyond the limits of this state, the inspector shall notify the
owner or person in charge thereof, and shall require such owner or person
to fumigate or sterilize such shipment, or to destroy or to treat such
shipment in the manner directed by the inspector and under the
supervision of the inspector or under the supervision of some person
appointed by the inspector for that purpose, or to return it to the point
of origin or ship out of the state.Any notice required by ORS 570.140 to 570.165 must be
delivered in person or sent by mail to the owner or person in charge of
the infested or infected articles at the last-known place of address of
the owner or person in charge. A notice mailed to the shipper or shippers
of infested or infected articles at the return address on any such
shipment of infested or infected articles is considered sufficient notice
to the owner or owners thereof within the requirements of ORS 570.140 to
570.165. [Amended by 2005 c.22 §387]The State Department of Agriculture, whenever
it deems it necessary, shall cause an inspection to be made of any
orchards, nurseries, trees, plants, vegetables, vines or field crops or
any fruit packing house, storeroom, salesroom, or any other place or
thing within this state. Any such places, orchards, nurseries, trees,
plants, shrubs, vegetables, vines, fruit or field crops or articles found
infested or infected with any insects, pests, diseases or fungous growth
or noxious weeds, or the seeds thereof, injurious to fruits, plants,
trees, vegetables or vines or grain, or other field crops, or with eggs
or larvae liable to spread to other places or localities, or of such
nature as to be a public danger, hereby are declared to be a public
nuisance. The department shall notify in writing the record owner, or
owners, of such articles, things or places that the same are so infested
or infected. (1) Whenever
any public nuisance as described in ORS 570.170 exists at any place in
the state on property of any owner upon whom notice has been served and
who has failed or refused to abate such nuisance within the time and in
the manner specified in such notice, or when any such nuisance exists on
the property of a nonresident or on any property the owner of which
cannot be served with notice in the manner provided in ORS 570.190, after
diligent search within the county in which such nuisance exists, the
State Department of Agriculture shall make a report to the district
attorney of the county in which the nuisance exists, or if the nuisance
exists on property which lies in two or more counties, to the district
attorney of any of such counties, setting forth the description of the
property upon which the nuisance exists and naming the pest or other
condition which renders such property a nuisance. The district attorney
shall prepare from such report and any other available information a
petition to the circuit court of the county, signed in manner and form
required for a complaint in a civil action, in which the property or
premises sought to be declared a nuisance shall be described with
reasonable certainty. The petition shall set forth the names of each
owner, encumbrancer or other person interested in such property or
premises so far as the same can be ascertained from the public records,
and pray that the court enter an order declaring such premises or
property a public nuisance and directing the abatement of such nuisance
by destruction or otherwise.
(2) Such action shall be brought in the name of the State of Oregon
by the Director of Agriculture in the official capacity of director and
shall proceed as an action not triable by right to a jury.
(3) Service of summons shall be made in the manner provided for
service of summons in a civil action; provided, that where service is had
by publication, the period of publication required shall be shortened to
once a week for two consecutive weeks, and such service by publication is
deemed complete upon the expiration of 21 days from and after the date of
the first publication of such notice. The person or persons so served by
publication shall appear and answer within 31 days from the date of the
first publication of such notice.
(4) The court may, upon the application of any party, or upon its
own motion, and for reasonable cause, adjourn the proceedings from time
to time, and may order new or further notice to be given to any party
whose interest may be affected.
(5) At the time and place appointed for hearing the petition, or to
which the hearing may have been adjourned, if the court has satisfactory
proof that all parties interested in the property or premises have been
duly served with notice as prescribed in this section, and further
satisfied by competent proof that the conditions of such premises or
property warrant its being declared a public nuisance, it shall enter an
order condemning such property as a public nuisance and directing that
the owner or other person ordered by the court shall destroy such
property or abate such nuisance in such other manner as the court shall
direct. If the nuisance is abated by any person other than the owner,
then in the order of the court directing the abatement of the nuisance
the court shall further order that an accurate account of the cost and
expense necessary to the abatement be kept and a report made to the court
within five days after the completion of the abatement of the nuisance.
The report shall be in writing, verified by the one making it and shall
be served and filed as a cost bill in a civil action. Objections to the
statement, if any, shall be made, served, filed and determined as
objections to a cost bill in a civil action. The judgment which orders
the abatement of a nuisance shall also provide that the owner or owners
of the property upon which the nuisance exists pay the expense of abating
the nuisance, that it shall be a judgment lien on the property prior to
all other liens and, if not paid within 60 days after the statement of
expense is filed, execution may issue. [Amended by 1979 c.284 §174] Any authorized officer,
employee or inspector of the State Department of Agriculture may, in any
case where an urgent emergency exists, abate any public nuisance, as
described in ORS 570.170, in a summary manner, doing as little damage as
possible to the things or premises on which or in which such nuisance
exists, with notice to the owner or owners sent by mail at or subsequent
to the time of such abatement. The
provisions of ORS 570.170 to 570.180 shall not be construed to apply to
shipments of infested or infected articles mentioned in ORS 570.135.(1) All notices provided for in
ORS 570.140 to 570.190 shall be served upon each owner of such infected
or infested premises or chattel, or upon the owner of each, if such
premises and chattel are under different ownership. Service shall be made
in the following manner:
(a) If such owners are individuals and can with reasonable
diligence be found within the county where such infested or infected
premises or chattel are, it shall be served upon such owners, or at least
one of them, personally, by delivering a copy thereof certified to by the
officer making the inspection.
(b) If such owner is a corporation, by delivery of such certified
copy to the president or other head of the corporation, secretary,
cashier or managing agent, or in case none of the officers of such
corporation can with reasonable diligence be found within such county,
then to any clerk or agent of such corporation who may with reasonable
diligence be found within such county; or if no such officer is found,
then by mailing such copy to the principal office of such corporation or
to any person authorized to accept legal service for said corporation.
(c) If such owner is a minor under the age of 14 years, to such
minor's father, mother or guardian; or, if none is found within such
county, then to any person having the care or control of such minor, or
with whom the minor resides, or in whose service the minor is employed.
(d) If such owner is a person judicially declared to be of unsound
mind, or incapable of conducting the affairs of the person, and for whom
a guardian has been appointed, on such guardian.
(e) If any such owner is a resident of such county and personal
service of such notice cannot, with diligence, be had, it may be made on
some person of the family, above the age of 14 years, at the
dwellinghouse or usual place of abode of the owner.
(f) In case such notice cannot with reasonable diligence be served
as provided in this section, such notice shall be posted by any person
qualified to make personal service thereof in a conspicuous place on the
infected or infested premises, or on the premises or conveyance
containing the infected or infested chattel.
(2) Such notice may be served by any representative of the State
Department of Agriculture, or by a sheriff or deputies of the sheriff.
The notice shall state the spray to be used or the treatment to be
applied for the eradication of insect pests, their eggs, larvae, and
contagious diseases and fungous growths. The treatment may include the
destruction of infested or infected articles, if such destruction is
necessary in the judgment of the person inspecting the same under the
authority conferred by law.
(3) For the purposes of ORS 570.130 to 570.190 any reputed owner
shall be considered as the owner of any infected or infested premises or
chattel.(1) Barberry (berberis spp.), and plants
of the genera mahonia, except mahonia aquifolium (Oregon grape), and
mahoberberis including all species and varieties, except immune or
resistant varieties thereof as provided by subsection (3) of this
section, are hosts of puccinia graminis, the black stem rust fungus of
wheat and other small grains and grasses, and hereby are declared to be
public nuisances. Authorized representatives of the State Department of
Agriculture or of the county in which such plants are located, shall
abate these nuisances without indemnity to the owner as provided by ORS
570.200.
(2) No person shall grow, propagate, maintain, sell or transport
within the State of Oregon, or bring into this state, any barberry
(berberis spp.), and plants of the genera mahonia and mahoberberis
including all species and varieties thereof, that have not been
determined by the department to be immune to or resistant to the black
stem rust fungus, puccinia graminis.
(3) The department shall establish and maintain a list by
regulation of the varieties of barberry (berberis spp.), and plants of
the genera mahonia and mahoberberis including all species and varieties,
that have been determined to be immune to, or resistant to the black stem
rust fungus, puccinia graminis. In promulgating regulations as authorized
by this subsection, the department may take into consideration but is not
to be limited to:
(a) The laws and regulations of the United States and other states.
(b) The opinions and advice of persons, agencies, or organizations
recognized as experienced in the identification or control of barberry,
mahonia and mahoberberis.
(c) Procedures necessary to control or eradicate such plants which
are hosts of puccinia graminis, the black stem rust fungus, in order to
prevent or eliminate substantial economic losses to the Oregon farmers
and producers of small grains and grasses. [1961 c.394 §2 (enacted in
lieu of 570.195)](1) Authorized representatives of the State
Department of Agriculture, county agents and weed control districts
supervisors of each county shall detect, control and destroy or cause to
be destroyed barberry (berberis spp.), and plants of the genera mahonia
and mahoberberis including all species and varieties, that have not been
determined as provided by ORS 570.196 (3) to be immune to, or resistant
to the black stem rust fungus, puccinia graminis.
(2) Persons authorized by subsection (1) of this section shall
forward a written notice to the owner, occupant or person in possession
of the land on which such plant is located. Such notice shall contain:
(a) The name of the plant growing on such land and its approximate
location.
(b) Concise description of the plant to be destroyed and the
reasons such plants are declared to be a public nuisance.
(c) A statement that such plant must be destroyed within 20 days
from the date of notice and only in a manner and as directed by the
department by regulation.
(3) Each person owning or in possession of a plant ordered to be
destroyed as provided by subsection (2) of this section, shall destroy
such plant within the time and manner set out in such order.
(4) If the owner, person in possession or the occupant of land on
which such plant is located fails or refuses to destroy the plant as
provided by order under subsection (2) of this section, the department or
the county may go upon such land and destroy the plant without indemnity
to the owner thereof. [1961 c.394 §4]PROTECTIVE MEASURES AGAINST SPREAD OF DISEASE AND PESTSThe Director of Agriculture, and the chief of the division of
plant industry, are authorized and directed to use such methods as may be
necessary to prevent the introduction into the state of dangerous insect
pests and plant diseases, and to apply methods necessary to prevent the
spread, and to establish control and accomplish the eradication of such
pests and diseases, which may seriously endanger agricultural and
horticultural interests of the state, which may be established or may be
introduced, whenever in their opinion such control or eradication is
possible and practicable. (1) The
Director of Agriculture, and the chief of the division of plant industry,
may cooperate with any group of citizens, municipalities and counties in
the state, Oregon State University, the extension service, the Secretary
of Agriculture of the United States, and such agencies as the director
designates to carry out the provisions of this section and ORS 570.305.
(2) The director, acting by and through the chief of the division
of plant industry, may in the discretion of the director, provide funds,
labor, materials and supplies for the purposes of this section and ORS
570.305.It is the special duty of all officers,
employees and deputies to whom the duty to act as horticultural
inspectors is assigned, to inspect nursery stock, trees, shrubs, plants,
fruits, bulbs and vegetables and other articles mentioned in ORS 570.320
to 570.330, coming from points within the state, and to enforce the
provisions of ORS 570.320 to 570.330 and all other horticultural laws of
the state relating thereto. Any such officer, employee or deputy of the
State Department of Agriculture also shall have all the duties, powers
and rights of a county horticultural inspector and are granted
jurisdiction to act throughout the state. The officers,
employees and inspectors of the State Department of Agriculture and
county inspectors are authorized to collaborate with the United States
Department of Agriculture in all matters relating to the inspection of
nursery stock, plants, fruits, vegetables, bulbs, seeds or other plant
products shipped into this state from foreign countries or from other
states or territories. Each carload, case,
box, package, crate, bundle, or bale of trees, shrubs, plants, vines,
cuttings, grafts, scions, buds, fruit pits, fruit or vegetables imported
or brought into this state shall have plainly and legibly marked thereon
in a conspicuous manner and place, the name and address of the person,
firm or corporation shipping the same and the name and address of the
consignee; also the name of the country, state or territory where the
contents were grown and must show that it contains nursery stock,
seedlings or seeds. No person, firm or
corporation owning or operating any nursery, fruit orchard of any kind,
hopyards, flower gardens or ornamental trees shall throw any cuttings or
prunings or parts of any fruit trees, nursery stock, ornamental trees, or
hop vines into any public road, highway, lane, field or other enclosure,
or into any watercourse of any kind; but shall destroy such cuttings or
prunings or parts with fire within a reasonable time, except when
infested or infected with a contagious pest or disease. Such infested or
infected prunings, cuttings or parts shall immediately be destroyed by
fire.(1) Any person, firm or corporation
owning or operating a nursery, a fruit orchard, a hopyard, a flower
garden or ornamental trees, and knowing the nursery, fruit orchard,
hopyard, flower garden or ornamental trees to be infested or infected
with any kind of insect pest or disease that is or may become a menace to
horticultural or farm crops, or on being served with a written notice by
the State Department of Agriculture that such nursery, fruit orchard,
hopyard, flower garden or ornamental trees are so infested or infected,
shall immediately spray or destroy the nursery, fruit orchard, hopyard,
flower garden or ornamental trees in such manner as the department
directs.
(2)(a) "Infested" means when the adult, egg or larvae form of the
insect is found in such numbers as, in the opinion of the department, to
be a menace to horticultural or farm crops.
(b) "Infected" means any appearance of a disease on such trees or
plants that may be a menace to horticultural or farm crops. [Amended by
2005 c.22 §388](1) No
person, firm or corporation shall import into this state or transport
within this state or sell or offer for sale by displaying in stores, in
or at fruit stands, or along public highways or in any other manner
within this state fruit of any kind which is infested with any insect
pest or is infested with any disease. The fact that any fruit bears the
marks of scale, insects or is worm eaten, or bears the marks of a disease
in excess of tolerances permitted by the State Department of Agriculture
is prima facie evidence that the fruit is infested or infected within the
meaning of this section.
(2) When an inspector, or other authorized person of the
department, making an inspection of fruit finds that such fruit does not
meet the requirements of this section or of other sections of the law
relating to such fruit, the inspector or other authorized person shall
place a seizure on such fruit and immediately serve notice in writing of
such seizure upon the owner or person having possession. The owner or
person having possession shall not sell or dispose of the seized fruit or
move the seized fruit from the place of location provided for in the
notice of seizure without written permission from the inspector so to do.
The failure of the person in possession of the seized fruit to show such
fruit in possession, or a written release signed by a proper person
authorized by the department so to do, is prima facie evidence that the
owner or person having possession of such fruit at time of seizure has
violated the provisions of this section.
(3) In addition to the penalties provided for in ORS 570.990, fruit
seized for violation of this section shall be disposed of by court order
or by consent of the owner or person in possession; or when the
infestation is such as to cause immediate danger of spread of pests or
diseases to orchard and farm crops growing from or on the soil of Oregon,
such fruit or fruits immediately shall be destroyed by the inspector
making the seizure or by other persons authorized by the department, by
burning or by other means that will completely eradicate the pest or
disease, and without compensation to the owner, agent or person in
possession of such fruit, where it appears beyond a reasonable doubt that
the infestation is such as will cause immediate spread of pests or
diseases. Such infested or infected fruit may be sold to evaporators,
fruit canneries, fruit product factories, or other by-product factories
under the following conditions:
(a) Fruit so sold shall be used solely for the production of
manufactured fruit products, beverages or other manufactured products or
by-products.
(b) The nature of the infestation or infection is not such as to
make the article of food or beverage manufactured from such fruit
unhealthful or unfit for use as a food or beverage.
(c) The sale of such fruit shall be subject to such grades and
regulations as the department adopts.Each person who packs
or prepares for shipment to any point within the state, or who delivers
or causes to be delivered to any express agent or railroad agent or other
person or to any transportation company or corporation for shipment to
any point without the state, any fresh, cured or dried fruit infected
with insect pests or diseases injurious to trees, shrubs, plants, fruits
or vegetables is guilty of a misdemeanor. This section does not prevent
the grower of such infected fruit grown within this state from
manufacturing the same into a by-product or selling and shipping the same
to a by-product factory.The State Department of Agriculture shall present
evidence of violation of any provision of ORS 564.020, 570.005 to
570.055, 570.125, 570.320, 570.335 to 570.355, and 632.490 to the
district attorney for the county in which any such violation may occur.
Prosecution for such violation may be brought in any of the justice
courts of this state. All fines imposed under ORS
570.990 for violation of any of the provisions of ORS 570.335 to 570.360,
when collected, shall be paid to the treasurer of the county where
imposed, to be placed in the current expense fund of such county and used
to assist in defraying the expenses of horticultural inspectors. In order to carry on
investigations of insect pests of nursery, greenhouse, bulb, fruit,
vegetable, cereal, seed and other agricultural industries and to
experiment with and determine effective measures for the control of such
insect pests by means of fumigation and to collaborate with the State
Department of Agriculture in its regulatory program, there is provided a
fumigatorium at Oregon State University at Corvallis. The fumigatorium
shall be under the management and control of the State Board of Higher
Education through its director of the agricultural experiment station.CONTROL AREAS (1)
The State Department of Agriculture may establish, in accordance with the
provisions governing the procedure for the declaring of quarantines
contained in ORS 561.510 to 561.590, control areas within this state, if
after careful investigation it determines that such areas are necessary
for the general protection of the horticultural, agricultural or forest
industries of the state from diseases, insects, animals or noxious weeds
or for the eradication or exclusion from such areas of certain plants or
their produce, trees, diseases, animals, insects or noxious weeds that
may be a menace to such areas and generally to horticultural,
agricultural or forestry industries. Whenever eastern filbert blight is
found to exist, the department may declare it a hazard and may establish
a control area without having to prove how the disease is transmitted.
(2) The power and authority to establish such control areas and for
the eradication or exclusion of certain plants or their produce, trees,
diseases, insects, animals or noxious weeds existing therein or to be
excluded therefrom shall be exercised reasonably and justly considering
the exigencies of the particular situation, the danger to the interests
sought to be protected and the immediate and continuing effect upon the
property and the owners of the property in the areas established. Such
powers shall in no case be exercised unreasonably, unjustly or
arbitrarily.
(3) The department in such determination shall define the
boundaries of the areas and specify the character and kinds of plants or
their produce, trees, diseases, insects, animals or noxious weeds to be
eradicated or excluded and the manner and method of such eradication or
exclusion. The provisions of ORS 561.510 to 561.590 apply to this
section. [Amended by 1987 c.228 §1](1) In a control area that has been
established for eastern filbert blight control as provided in ORS
570.405, the State Department of Agriculture may require the removal of
any trees infected with the disease. Removal may not be required if the
infected trees are subject to maintenance under a management program
prescribed by the department.
(2) In any legal action taken to enforce the provisions of an
eastern filbert blight control area order, the court shall award the
prevailing party reasonable attorney fees. [1987 c.228 §3] From and after the date an
order creating a control area becomes finally effective, no person shall
violate, in whole or in part, any provision of such order.The State Department of Agriculture is authorized to contract with
and to receive funds from any person, including but not limited to, any
governmental agency, county or municipal corporation, for the purpose of
carrying on such work as is necessary in enforcing or carrying out the
provisions of a control order. Any unexpended funds paid into the
department as provided by this section may be returned to such person,
governmental agency, county or municipal corporation. Funds received
under this section shall be deposited with the State Treasurer and
credited to the Department of Agriculture Account. Such funds are
continuously appropriated for the purpose of carrying out the purpose of
the contract and the control area order under which the money is paid.
[1959 c.300 §2; 1967 c.637 §11] The Director of
Agriculture may, at any time the director believes such action necessary,
revoke any order concerning control areas made by the director by giving
notice in a newspaper published within or near the control area or lands
affected and filing proof thereof with the county clerk of the county.The county court or board of county commissioners of each county in
which a control area, or any part thereof, has been established for
cherry fruit fly control according to ORS 570.405, shall appoint a
control area inspector for that county upon the petition of 50 interested
persons or 50 percent of the interested persons, whichever is smaller,
who are farm owners within the county. The inspector shall work under the
direction of and be responsible to the State Department of Agriculture.
The inspector shall carry out the provisions of the control area order.
The inspector shall be paid out of the general funds of the county such
wages as are fixed by the county court or board of county commissioners.(1) The control area inspector has access to the
land within the control area that is within the county for which the
inspector was appointed.
(2) In the event an owner or occupant of any land fails or refuses
to treat the trees, plants or their produce as provided by the control
area order, the inspector shall at once notify the appointing authority
of such fact and they shall authorize the inspector and such assistants
as the inspector may employ to go upon the land or premises and treat the
trees, plants or their produce thereon. The most effective and practical
method as approved by the Director of Agriculture shall be used.
(1) On the completion of the work, the inspector shall file with the
county clerk an itemized statement of expenses necessarily incurred in
the operation, including the wages of the inspector for time spent
therein, both on the preparation and completion of the operation,
verified by the oath of the inspector. When such statement is filed, the
county clerk shall cause the same to be entered upon a lien docket
prepared for that purpose. The amount of the expenses when so docketed
shall constitute a first lien upon such land and premises, except as to
taxes. The county court or board of county commissioners shall hear and
promptly decide any objection to the amount of expenses assessed.
(2) If the expenses are not paid and the lien discharged by the
owner or occupant of the lands within 90 days from the date the lien is
docketed, the county may recover the expenses in an action at law.
[Amended by 1991 c.459 §436] If no objection has been
filed, as authorized in ORS 570.430, within 10 days from the date of
filing and docketing the lien, the county court or board of county
commissioners shall pay out of the general funds of the county to the
persons to whom the expenses are owing the amount thereof. The State Department of Agriculture
may establish control areas for the production of rapeseed as provided in
ORS 570.405. The department may appoint advisory boards to advise and
counsel the department on the boundaries of the control areas, the type
of rapeseed species and varieties which may be produced in the various
control areas and the enforcement of control area orders. [1989 c.287 §2]WEED CONTROL(Generally) The Legislative
Assembly finds and declares that:
(1) Noxious weeds are currently invading agricultural land and
natural environments and causing severe production losses, increased
control costs, negative impacts on native flora and fauna, decreased
utilization of recreational areas and decreased value of farm, range and
forest lands. Some of those noxious weeds are poisonous or harmful to
humans or animals.
(2) Noxious weed control programs are carried out by private and
public landowners, counties and state agencies.
(3) The economic and environmental impacts of noxious weeds in
Oregon have not been quantified. Although 92 weeds have been listed by
the State Department of Agriculture as restricted noxious weeds or
prohibited noxious weeds, only tansy ragwort has been studied for
economic and environmental impact. A comprehensive evaluation of other
noxious weeds is necessary to determine in which areas, if any, the
invasion of noxious weeds is sufficiently severe to justify a declaration
by the Director of Agriculture of a weed control emergency.
(4) The overall effectiveness and efficiency of the various noxious
weed control programs of this state have never been evaluated. Evaluating
and coordinating those programs could reduce the need for the director to
declare weed control emergencies. [1999 c.472 §1]Note: 570.500 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 570 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.Noxious weeds have become so thoroughly established and
are spreading so rapidly on state, county and federally owned lands, as
well as on property in individual ownership and in transition to county
ownership through tax delinquency, that they hereby are declared a menace
to the public welfare. While it is recognized that complete eradication
may not be practicable, it hereby is established that steps leading to
eradication and control are necessary and that responsibility rests not
only on the individual landowner and operator but also on the county,
state and federal government, and that the county, state and federal
government should cooperate with individual owners in the control and
eradication of noxious weed pests. [Amended by 1985 c.621 §1] The state and
the respective counties shall control any weeds designated as noxious by
the state or the respective counties in any such county on land under
their respective ownerships. [Amended by 1985 c.621 §2](1) The county governing body
of each county may declare the county, or any portion of the lands in a
county, a weed control district for the purpose of destroying such weeds
and of preventing the seeding and spread of such other weeds and plants
as the governing body may for the purposes of ORS 570.515 to 570.600
declare noxious.
(2) If the county is not made a weed control district or if the
county weed control district does not include all such weeds or plants
desired as included as noxious, interested parties may present a petition
for a special weed control district. The petition shall describe the area
to be included in the special weed control district and name the noxious
weeds to be destroyed or prevented from blooming and producing seed
within the district, and must be signed by more than half of the
landowners in the area described in the petition who also own more than
half of the acreage in the area. Upon presentation of such a petition,
the county governing body shall declare such area a special weed control
district and such weeds noxious within the district, in accordance with
the petition. [Amended by 1985 c.621 §3] (1) The
court shall, upon declaring a weed control district, appoint a weed
inspector or inspectors, whose duties it shall be:
(a) To find out if any noxious weeds or plants are being permitted
to grow and produce bloom or seed within the district or districts
contrary to the provisions of ORS 570.515 to 570.600;
(b) To serve notices;
(c) When necessary to destroy or cut or to supervise the
destruction or cutting of the noxious weeds growing or seeding within the
weed control district; and
(d) To conduct investigations, approve plans and certify
expenditures pertaining to weed control projects pursuant to ORS 570.590.
(2) The person or persons appointed by the county court shall
receive for their services reasonable wages, as determined by the county
court, for the time actually employed in the performance of duty under
ORS 570.515 to 570.600. [Amended by 1975 c.555 §12] The
county court shall, upon declaring a weed control district or districts,
cause to be published an official notice describing each district and
naming weeds to be destroyed and to be prevented from producing seed
within the districts. The notice shall be published in a newspaper or
newspapers, not exceeding three in number, serving the districts, in two
consecutive issues if weekly, or two times at intervals of one week if
daily or semiweekly. Immediately after the last publication of the
official notice, the provisions of ORS 570.515 to 570.600 shall be
enforced.(1) The weed
inspector shall have access to the land within the district.
(2) When the provisions of ORS 570.515 to 570.600 are not being
complied with, the weed inspector shall serve a written notice to the
owner or occupant of the land. When the weed inspector is unable to serve
the notice personally, the weed inspector shall post the notice and two
copies thereof in three conspicuous places on the land. The notice shall
contain:
(a) The date of service or posting of notice.
(b) The name of the weed or weeds growing on the land, and a
statement setting forth that the weeds must be destroyed or must be
prevented from producing seed within a specified time of not less than
two days or more than 20 days, to be established by the inspector, from
the date of service of the notice.
(3) The service of notice as provided in subsection (2) of this
section imposes a requirement on the owner or occupant of the land to
destroy or prevent the weeds from seeding or spreading during the
continuation of ownership or occupancy of the land or until the district
is dissolved. A copy of the notice, together with proof of service
indorsed thereon, shall be filed with the county court.
(4) Notwithstanding subsections (2) and (3) of this section, ORS
570.520 or 570.535, with permission of the owner or occupant of land,
employees of the State Department of Agriculture, or of designated weed
control districts, may enter the land to identify noxious weeds and to
implement or provide for the implementation of integrated noxious weed
control measures, including but not limited to the application of
pesticides to the land. The control or eradication of noxious weeds may
be conducted with or without charge to the owner or occupant of the land.
A notice as described in subsection (2) of this section is not required
for the conduct of activities described in this subsection. [Amended by
2001 c.219 §1]
(1) Each person, firm or corporation owning or occupying land within the
district shall destroy or prevent the seeding on such land of any noxious
weed within the meaning of ORS 570.515 to 570.600 in accordance with the
declaration of the county court and by the use of the best means at hand
and within a time declared reasonable and set by the court, except that
no weed declared noxious shall be permitted to produce seed.
(2) All moneys collected as fines for violation of ORS 570.515 to
570.600 in any county shall be paid into the county treasury and shall
become a part of the weed control fund. The
State Highway Commission, the respective county courts, reclamation
districts and municipalities shall destroy or prevent the spread or
seeding of any noxious weed within the meaning of ORS 570.515 to 570.600
on any land owned by them or constituting the right of way for any
highway, county road, drainage or irrigation ditch, power or transmission
line, or other purposes under their respective jurisdictions.(1) If the
owner or occupant of the land fails or refuses to immediately destroy or
cut the noxious weeds in accordance with ORS 570.515 to 570.600, the weed
inspector shall at once notify the district attorney of the county who
shall at once take necessary steps for enforcement of ORS 570.515 to
570.600. The county court shall authorize the weed inspector or such
assistants as the weed inspector may employ to go upon the land or
premises and destroy the noxious weeds or control them in such manner as
will destroy all seeds of such noxious weeds; provided, however, that if
destruction or control of the weeds on any farm is in the judgment of the
county weed inspector impracticable because the weeds may be too far
advanced, or if for any other reason the means of control available are
unsatisfactory, the weed inspector shall so notify the county court,
which shall request the State Department of Agriculture to immediately
quarantine any such uncontrolled noxious weed infested farm within the
county to prevent the movement of infested crops or of livestock from
such farm except under conditions prescribed in the quarantine that will
prevent spread of the weeds by such crops or livestock. In all cases
where the inspector undertakes to destroy or control noxious weeds, the
most effective and practical method, in the judgment of the inspector,
and with least injury to the land or crops, shall be used.
(2) Upon the completion of such work the person so appointed and
authorized by the county court shall file with the county clerk an
itemized statement of the expenses necessarily incurred in the
destruction of such weeds, including the wages of the person as provided
in ORS 570.520, verified by the oath of the person.When the statement of expenses is filed, the county clerk shall
cause it to be entered upon a lien docket prepared for that purpose. The
amount of the charges and expenses when so docketed shall constitute a
first lien upon such lands or premises, except as to taxes. If the
charges and expenses are not paid and the lien discharged by the owner or
occupant of such lands within 90 days from the date the lien is docketed,
the county may recover the expenses in an action at law. [Amended by 1957
c.99 §1; 1985 c.621 §4; 1991 c.459 §437] If within 10 days from the date of filing
and docketing the lien as provided in ORS 570.545 and 570.550, no
objections have been filed thereto, the county court shall pay to the
person or persons appointed by the court, as provided in ORS 570.520 (1),
out of the general funds of the county, the amount of such lien. (1) The
county courts of the several counties of this state hereby are required
to levy a tax and create a fund to be known as the weed control fund for
the control of weeds on county highways and public lands and for
cooperation with individuals, state and federal agencies in controlling
noxious weeds within weed control districts. The amount estimated by the
county court as being sufficient for such purposes may be placed in the
county budget and after consideration at the meeting held for the purpose
of passing upon the tax levy by the electors of the county, may become
one of the items for which expenditure may be made during the ensuing
year.
(2) When such a fund is created, it shall be expended under the
supervision of the county court in such manner as to effectuate the
purposes of ORS 570.515 to 570.600.Notwithstanding ORS 570.560, in
addition to or in lieu of the tax authorized by ORS 570.560, a county
governing body may levy a special assessment based upon benefit to
finance weed control activities. All such assessments shall be treated in
the same manner as the tax referred to in ORS 570.560. [1985 c.621 §5a;
1989 c.570 §1]
If in the judgment of the court the enforcement of ORS 570.515 to 570.600
in any county which has been declared a weed control district seems
impracticable or likely to work injury to the people of the district, it
may after a hearing declare that such weed control district no longer
exists. Any special weed control district shall be declared terminated by
the county court when a majority of landowners in the district, by
petition or by public hearing state that they desire such district
terminated for any weeds declared noxious in the district. Any moneys
remaining in any fund for weed control shall, after the termination of
the district, be credited to the general fund of the county.No person operating or having control of any
threshing machinery, clover huller, hay baler, seed cleaning or treating
machinery or other machinery shall move said machinery over any public
road or from one farm to another without first thoroughly cleaning it.
Before moving it, all hay or bundle racks and all other equipment shall
be thoroughly swept and cleaned. All hay, straw or other crop residue
infested with noxious weeds under the meaning of ORS 570.515 to 570.600
having partially or fully formed seeds shall not be moved from the land
on which grown to other lands not infested with any of the weeds in the
field from which such crop material came.(1) No person shall operate any threshing machine,
clover huller or hay baler, seed cleaning or treating machinery or any
other similar machinery within any duly created weed control district in
this state without first having posted in a conspicuous place on such
machinery a copy of ORS 570.570 and this section.
(2) The county clerks of the various counties of this state hereby
are authorized and directed to have printed a sufficient number of copies
of ORS 570.570 and 570.575 and shall deliver such copies upon request to
owners or operators of such machinery.(Cost-Share Assistance Grants)
Any person owning or occupying land within a weed control district or
special weed control district who conducts a weed control project in
accordance with the provisions of ORS 570.520 and 570.580 to 570.600 may
apply to the county court or commission for a cost-share assistance
grant. [1975 c.555 §10](1) The county courts of the several
counties of this state hereby are required to provide cost-share
assistance grants to persons owning or occupying land within such
counties who conduct a weed control project in accordance with the
provisions of ORS 570.520 and 570.580 to 570.600. Expenditures by any
county court or commission for cost-share assistance grants shall be made
from the county's weed control fund pursuant to ORS 570.560.
(2) In any fiscal year, the amount of cost-share assistance to any
person eligible for such assistance under ORS 570.580 and 570.590 shall
be an amount equal to, but not exceeding, 50 percent of the actual cost
of the eligible person's weed control project. [1975 c.555 §9] No person shall be eligible for a
cost-share assistance grant under ORS 570.520 and 570.580 to 570.600
unless:
(1) A weed control inspector has:
(a) Conducted a field inspection of the weed control site;
(b) Approved the eligible person's plan for implementing a weed
control project; and
(c) Certified that specific expenditures are appropriate for
implementation of the project.
(2) The eligible person has made certified expenditures for the
purpose of implementing an approved weed control project. Adequate proof
of such expenditures shall consist of:
(a) Receipts, invoices or other evidence indicating the amount and
cost of the project; and
(b) Such other weed control information as the county court or
commission may require. [1975 c.555 §11] (1) Subject
to ORS 291.230 to 291.260, the State Department of Agriculture may
distribute in the manner prescribed in subsection (3) of this section to
each county court an amount equal to 50 percent of the amount of
cost-share assistance grants actually provided by the county court to
eligible persons pursuant to ORS 570.580 to 570.590.
(2) Any funds available and received by any county court under this
section shall be placed in the county's weed control fund and shall be
expended by the county court to carry out the purposes of ORS 570.520 and
570.580 to 570.600.
(3) Each county court receiving funds under this section shall
report to the department, at such times as the department shall require:
(a) The total number of eligible owners who have received
cost-share assistance grants under ORS 570.580; and
(b) Any other weed control information the department shall require
to carry out the purposes of ORS 570.520 and 570.580 to 570.600. The
department shall make any necessary adjustments in the amounts due each
county court at such times as the department determines appropriate in
order to avoid overpayment. [1975 c.555 §13](1) The State Department of Agriculture may
provide financial assistance to counties to promote the implementation of
noxious weed control projects.
(2) Notwithstanding any other provision of ORS 570.520 and 570.580
to 570.600, a county court is not required to perform any duty, function
or power provided in ORS 570.520 and 570.580 to 570.600 unless the
department provides financial assistance to the county pursuant to
subsection (1) of this section. [1975 c.555 §§14,15]INTERSTATE COMPACT ON PEST CONTROL The Pest Control
Compact is hereby enacted into law in Oregon and entered into with all
other jurisdictions legally joining therein in the form substantially as
follows:
___________________________________________________________________________
___INTERSTATE COMPACT ON
PEST CONTROL
ARTICLE I
FindingsThe party states find that:
(a) In the absence of the higher degree of cooperation among them
possible under this compact, the annual loss of approximately $10 billion
from the depredations of pests is virtually certain to continue, if not
to increase.
(b) Because of varying climatic, geographic and economic factors,
each state may be affected differently by particular species of pests;
but all states share the inability to protect themselves fully against
those pests which present serious dangers to them.
(c) The migratory character of pest infestations makes it necessary
for states both adjacent to and distant from one another, to complement
each other's activities when faced with conditions of infestation and
reinfestation.
(d) While every state is seriously affected by a substantial number
of pests, and every state is susceptible of infestation by many species
of pests not now causing damage to its crop and plant life and products,
the fact that relatively few species of pests present equal danger to or
are of interest to all states makes the establishment and operation of an
Insurance Fund, from which individual states may obtain financial support
for pest control programs of benefit to them in other states and to which
they may contribute in accordance with their relative interests, the most
equitable means of financing cooperative pest eradication and control
programs.
ARTICLE II
Definitions
As used in this compact, unless the context clearly requires a
different construction:
(a) "State" means a state, territory or possession of the United
States, the District of Columbia, and the Commonwealth of Puerto Rico.
(b) "Requesting state" means a state which invokes the procedures
of the compact to secure the undertaking or intensification of measures
to control or eradicate one or more pests within one or more other states.
(c) "Responding state" means a state requested to undertake or
intensify the measures referred to in subdivision (b) of this Article.
(d) "Pest" means any invertebrate animal, pathogen, parasitic plant
or similar or allied organism which can cause disease or damage in any
crops, trees, shrubs, grasses or other plants of substantial value.
(e) "Insurance Fund" means the Pest Control Insurance Fund
established pursuant to this compact.
(f) "Governing Board" means the administrators of this compact
representing all of the party states when such administrators are acting
as a body in pursuance of authority vested in them by this compact.
(g) "Executive Committee" means the committee established pursuant
to Article V (e) of this compact.
ARTICLE III
The Insurance Fund
There is hereby established the Pest Control Insurance Fund for the
purpose of financing other than normal pest control operations which
states may be called upon to engage in pursuant to this compact. The
Insurance Fund shall contain moneys appropriated to it by the party
states and any donations and grants accepted by it. All appropriations,
except as conditioned by the rights and obligations of party states
expressly set forth in this compact, shall be unconditional and may not
be restricted by the appropriating state to use in the control of any
specified pest or pests. Donations and grants may be conditional or
unconditional, provided that the Insurance Fund shall not accept any
donation or grant whose terms are inconsistent with any provision of this
compact.
ARTICLE IV
The Insurance Fund, Internal
Operations and Management
(a) The Insurance Fund shall be administered by a Governing Board
and Executive Committee as hereinafter provided. The actions of the
Governing Board and Executive Committee pursuant to this compact shall be
deemed the actions of the Insurance Fund.
(b) The members of the Governing Board shall be entitled to one
vote each on such board. No action of the Governing Board shall be
binding unless taken at a meeting at which a majority of the total number
of votes on the Governing Board are cast in favor thereof. Action of the
Governing Board shall be only at a meeting at which a majority of the
members are present.
(c) The Insurance Fund shall have a seal which may be employed as
an official symbol and which may be affixed to documents and otherwise
used as the Governing Board may provide.
(d) The Governing Board shall elect annually, from among its
members, a chairman, a vice-chairman, a secretary and a treasurer. The
chairman may not succeed self. The Governing Board may appoint an
executive director and fix the duties and the compensation of the
executive director, if any. Such executive director shall serve at the
pleasure of the Governing Board. The Governing Board shall make provision
for the bonding of such of the officers and employees of the Insurance
Fund as may be appropriate.
(e) Irrespective of the civil service, personnel or other merit
system laws of any of the party states, the executive director, or if
there be no executive director, the chairman, in accordance with such
procedures as the bylaws may provide, shall appoint, remove or discharge
such personnel as may be necessary for the performance of the functions
of the Insurance Fund and shall fix the duties and compensation of such
personnel. The Governing Board in its bylaws shall provide for the
personnel policies and programs of the Insurance Fund.
(f) The Insurance Fund may borrow, accept or contract for the
services of personnel from any state, the United States or any other
governmental agency, or from any person, firm, association or corporation.
(g) The Insurance Fund may accept for any of its purposes and
functions under this compact any and all donations, and grants of money,
equipment, supplies, materials and services, conditional or otherwise,
from any state, the United States or any other governmental agency, or
from any person, firm, association or corporation, and may receive,
utilize and dispose of the same. Any donation, gift or grant accepted by
the Governing Board pursuant to this paragraph or services borrowed
pursuant to paragraph (f) of this Article shall be reported in the annual
report of the Insurance Fund. Such report shall include the nature,
amount and conditions, if any, of the donation, gift, grant or services
borrowed and the identity of the donor or lender.
(h) The Governing Board shall adopt bylaws for the conduct of the
business of the Insurance Fund and shall have the power to amend and
rescind these bylaws. The Insurance Fund shall publish its bylaws in
convenient form and shall file a copy thereof and a copy of any amendment
thereto with the appropriate agency or officer in each of the party
states.
(i) The Insurance Fund annually shall make to the Governor and
legislature of each party state a report covering its activities for the
preceding year. The Insurance Fund may make such additional reports as it
may deem desirable.
(j) In addition to the powers and duties specifically authorized
and imposed, the Insurance Fund may do such other things as are necessary
and incidental to the conduct of its affairs pursuant to this compact.
ARTICLE V
Compact and Insurance Fund
Administration
(a) In each party state there shall be a compact administrator, who
shall be selected and serve in such manner as the laws of the state may
provide, and who shall:
1. Assist in the coordination of activities pursuant to the compact
in the state; and
2. Represent the state on the Governing Board of the Insurance Fund.
(b) If the laws of the United States specifically so provide, or if
administrative provision is made therefor within the Federal Government,
the United States may be represented on the Governing Board of the
Insurance Fund by not to exceed three representatives. Any such
representative or representatives of the United States shall be appointed
and serve in such manner as may be provided by or pursuant to federal
law, but no such representative shall have a vote on the Governing Board
or on the Executive Committee thereof.
(c) The Governing Board shall meet at least once each year for the
purpose of determining policies and procedures in the administration of
the Insurance Fund and, consistent with the provisions of the compact,
supervising and giving direction to the expenditure of moneys from the
Insurance Fund. Additional meetings of the Governing Board shall be held
on call of the chairman, the Executive Committee, or a majority of the
membership of the Governing Board.
(d) At such times as it may be meeting, the Governing Board shall
pass upon applications for assistance from the Insurance Fund and
authorize disbursements therefrom. When the Governing Board is not in
session, the Executive Committee thereof shall act as agent of the
Governing Board, with full authority to act for it in passing upon such
applications.
(e) The Executive Committee shall be composed of the chairman of
the Governing Board and four additional members of the Governing Board
chosen by it so that there shall be one member representing each of four
geographic groupings of party states. The Governing Board shall make such
geographic groupings. If there is representation of the United States on
the Governing Board, one such representative may meet with the Executive
Committee. The chairman of the Governing Board shall be chairman of the
Executive Committee. No action of the Executive Committee shall be
binding unless taken at a meeting at which at least four members of such
committee are present and vote in favor thereof. Necessary expenses of
each of the five members of the Executive Committee incurred in attending
meetings of such committee, when not held at the same time and place as a
meeting of the Governing Board, shall be charges against the Insurance
Fund.
ARTICLE VI
Assistance and Reimbursement
(a) Each party state pledges to each other party state that it will
employ its best efforts to eradicate, or control within the strictest
practicable limits, any and all pests. It is recognized that performance
of this responsibility involves:
1. The maintenance of pest control and eradication activities of
interstate significance by a party state at a level that would be
reasonable for its own protection in the absence of this compact.
2. The meeting of emergency outbreaks or infestations of interstate
significance to no less an extent than would have been done in the
absence of this compact.
(b) Whenever a party state is threatened by a pest not present
within its borders but present within another party state, or whenever a
party state is undertaking or engaged in activities for the control or
eradication of a pest or pests, and finds that such activities are or
would be impracticable or substantially more difficult of success by
reason of failure of another party state to cope with infestation or
threatened infestation, that state may request the Governing Board to
authorize expenditures from the Insurance Fund for eradication or control
measures to be taken by one or more of such other party states at a level
sufficient to prevent, or to reduce to the greatest practicable extent,
infestation or reinfestation of the requesting state. Upon such
authorization the responding state or states shall take or increase such
eradication or control measures as may be warranted. A responding state
shall use moneys made available from the Insurance Fund expeditiously and
efficiently to assist in affording the protection requested.
(c) In order to apply for expenditures from the Insurance Fund, a
requesting state shall submit the following in writing:
1. A detailed statement of the circumstances which occasion the
request for the invoking of the compact.
2. Evidence that the pest on account of whose eradication or
control assistance is requested constitutes a danger to an agricultural
or forest crop, product, tree, shrub, grass or other plant having a
substantial value to the requesting state.
3. A statement of the extent of the present and projected program
of the requesting state and its subdivisions, including full information
as to the legal authority for the conduct of such program or programs and
the expenditures being made or budgeted therefor, in connection with the
eradication, control or prevention of introduction of the pest concerned.
4. Proof that the expenditures being made or budgeted as detailed
in item 3 do not constitute a reduction of the effort for the control or
eradication of the pest concerned or, if there is a reduction, the
reasons why the level of program detailed in item 3 constitutes a normal
level of pest control activity.
5. A declaration as to whether, to the best of its knowledge and
belief, the conditions which in its view occasion the invoking of the
compact in the particular instance can be abated by a program undertaken
with the aid of moneys from the Insurance Fund in one year or less, or
whether the request is for an instalment in a program which is likely to
continue for a longer period of time.
6. Such other information as the Governing Board may require
consistent with the provisions of this compact.
(d) The Governing Board or Executive Committee shall give due
notice of any meeting at which an application for assistance from the
Insurance Fund is to be considered. Such notice shall be given to the
compact administrator of each party state and to such other officers and
agencies as may be designated by the laws of the party states. The
requesting state and any other party state shall be entitled to be
represented and present evidence and argument at such meeting.
(e) Upon the submission as required by paragraph (c) of this
Article and such other information as it may have or acquire, and upon
determining that an expenditure of funds is within the purposes of this
compact and justified thereby, the Governing Board or Executive Committee
shall authorize support of the program. The Governing Board or the
Executive Committee may meet at any time or place for the purpose of
receiving and considering an application. Any and all determinations of
the Governing Board or Executive Committee, with respect to an
application, together with the reasons therefor shall be recorded and
subscribed in such manner as to show and preserve the votes of the
individual members thereof.
(f) A requesting state which is dissatisfied with a determination
of the Executive Committee shall upon notice in writing given within 20
days of the determination with which it is dissatisfied, be entitled to
receive a review thereof at the next meeting of the Governing Board.
Determinations of the Executive Committee shall be reviewable only by the
Governing Board at one of its regular meetings, or at a special meeting
held in such manner as the Governing Board may authorize.
(g) Responding states required to undertake or increase measures
pursuant to this compact may receive moneys from the Insurance Fund,
either at the time or times when such state incurs expenditures on
account of such measures, or as reimbursement for expenses incurred and
chargeable to the Insurance Fund. The Governing Board shall adopt and,
from time to time, may amend or revise procedures for submission of
claims upon it and for payment thereof.
(h) Before authorizing the expenditure of moneys from the Insurance
Fund pursuant to an application of a requesting state, the Insurance Fund
shall ascertain the extent and nature of any timely assistance or
participation which may be available from the Federal Government and
shall request the appropriate agency or agencies of the Federal
Government for such assistance and participation.
(i) The Insurance Fund may negotiate and execute a memorandum of
understanding or other appropriate instrument defining the extent and
degree of assistance or participation between and among the Insurance
Fund, cooperating federal agencies, states and any other entities
concerned.
ARTICLE VII
Advisory and
Technical Committees
The Governing Board may establish advisory and technical committees
composed of state, local and federal officials, and private persons to
advise it with respect to any one or more of its functions. Any such
advisory or technical committee, or any member or members thereof may
meet with and participate in its deliberations. Upon request of the
Governing Board or Executive Committee an advisory or technical committee
may furnish information and recommendations with respect to any
application for assistance from the Insurance Fund being considered by
such board or committee and the board or committee may receive and
consider the same: Provided that any participant in a meeting of the
Governing Board or Executive Committee held pursuant to Article VI (d) of
the compact shall be entitled to know the substance of any such
information and recommendations, at the time of the meeting if made prior
thereto or as a part thereof, or, if made thereafter, no later than the
time at which the Governing Board or Executive Committee makes its
disposition of the application.
ARTICLE VIII
Relations with Nonparty
Jurisdictions
(a) A party state may make application for assistance from the
Insurance Fund in respect of a pest in a nonparty state. Such application
shall be considered and disposed of by the Governing Board or Executive
Committee in the same manner as an application with respect to a pest
within a party state, except as provided in this Article.
(b) At or in connection with any meeting of the Governing Board or
Executive Committee held pursuant to Article VI (d) of this compact a
nonparty state shall be entitled to appear, participate, and receive
information only to such extent as the Governing Board or Executive
Committee may provide. A nonparty state shall not be entitled to review
of any determination made by the Executive Committee.
(c) The Governing Board or Executive Committee shall authorize
expenditures from the Insurance Fund to be made in a nonparty state only
after determining that the conditions in such state and the value of such
expenditures to the party states as a whole justify them. The Governing
Board or Executive Committee may set any conditions which it deems
appropriate with respect to the expenditure of moneys from the Insurance
Fund in a nonparty state and may enter into such agreement or agreements
with nonparty states and other jurisdictions or entities as it may deem
necessary or appropriate to protect the interests of the Insurance Fund
with respect to expenditures and activities outside of party states.
ARTICLE IX
Finance
(a) The Insurance Fund shall submit to the executive head or
designated officer or officers of each party state a budget for the
Insurance Fund for such period as may be required by the laws of that
party state for presentation to the legislature thereof.
(b) Each of the budgets shall contain specific recommendations of
the amount or amounts to be appropriated by each of the party states. The
requests for appropriations shall be apportioned among the party states
as follows: One-tenth of the total budget in equal shares and the
remainder in proportion to the value of agricultural and forest crops and
products, excluding animals and animal products, produced in each party
state. In determining the value of such crops and products the Insurance
Fund may employ such source or sources of information as in its judgment
present the most equitable and accurate comparisons among the party
states. Each of the budgets and requests for appropriations shall
indicate the source or sources used in obtaining information concerning
value of products.
(c) The financial assets of the Insurance Fund shall be maintained
in two accounts to be designated respectively as the "Operating Account"
and the "Claims Account." The Operating Account shall consist only of
those assets necessary for the administration of the Insurance Fund
during the next ensuing two-year period. The Claims Account shall contain
all moneys not included in the Operating Account and shall not exceed the
amount reasonably estimated to be sufficient to pay all legitimate claims
on the Insurance Fund for a period of three years. At any time when the
Claims Account has reached its maximum limit or would reach its maximum
limit by the addition of moneys requested for appropriation by the party
states, the Governing Board shall reduce its budget requests on a pro
rata basis in such manner as to keep the Claims Account within such
maximum limit. Any moneys in the Claims Account by virtue of conditional
donations, grants or gifts shall be included in calculations made
pursuant to this paragraph only to the extent that such moneys are
available to meet demands arising out of claims.
(d) The Insurance Fund shall not pledge the credit of any party
state. The Insurance Fund may meet any of its obligations in whole or in
part with moneys available to it under Article IV (g) of this compact,
provided that the Governing Board takes specific action setting aside
such moneys prior to incurring any obligation to be met in whole or in
part in such manner. Except where the Insurance Fund makes use of moneys
available to it under Article IV (g) hereof, the Insurance Fund shall not
incur any obligation prior to the allotment of moneys by the party states
adequate to meet the same.
(e) The Insurance Fund shall keep accurate accounts of all receipts
and disbursements. The receipts and disbursements of the Insurance Fund
shall be subject to the audit and accounting procedures established under
its bylaws. However, all receipts and disbursements of funds handled by
the Insurance Fund shall be audited yearly by a certified or licensed
public accountant and a report of the audit shall be included in and
become part of the annual report of the Insurance Fund.
(f) The accounts of the Insurance Fund shall be open at any
reasonable time for inspection by duly authorized officers of the party
states and by any persons authorized by the Insurance Fund.
ARTICLE X
Entry into Force and Withdrawal
(a) This compact shall enter into force when enacted into law by
any five or more states. Thereafter, this compact shall become effective
as to any other state upon its enactment thereof.
(b) Any party state may withdraw from this compact by enacting a
statute repealing the same, but no such withdrawal shall take effect
until two years after the executive head of the withdrawing state has
given notice in writing of the withdrawal to the executive heads of all
other party states. No withdrawal shall affect any liability already
incurred by or chargeable to a party state prior to the time of such
withdrawal.
ARTICLE XI
Construction and Severability
This compact shall be liberally construed so as to effectuate the
purposes thereof. The provisions of this compact shall be severable and
if any phrase, clause, sentence or provision of this compact is declared
to be contrary to the constitution of any state or of the United States
or the applicability thereof to any government, agency, person or
circumstance is held invalid, the validity of the remainder of this
compact and the applicability thereof to any government, agency, person
or circumstance shall not be affected thereby. If this compact shall be
held contrary to the constitution of any state participating herein, the
compact shall remain in full force and effect as to the remaining party
states and in full force and effect as to the state affected as to all
severable matters.
___________________________________________________________________________
___[1981 c.699 §1]" As used in the compact (ORS
570.650), with reference to this state, the term "executive head" shall
mean the Director of Agriculture or a designated and appointed
representative. [1981 c.699 §7]
Consistent with law and within available appropriations, the State
Department of Agriculture and other departments, agencies and officers of
Oregon may cooperate with the Insurance Fund established by the Pest
Control Compact. [1981 c.699 §2]Pursuant to Article IV (h) of the compact (ORS 570.650),
copies of bylaws and amendments thereto shall be filed with the State
Department of Agriculture. [1981 c.699 §3] The compact administrator for Oregon
shall be the Director of Agriculture, or a designated and appointed
representative. The duties of the compact administrator shall be deemed a
regular part of the office. [1981 c.699 §4] Within the meaning of Article
VI (b) or Article VIII (a) (ORS 570.650), a request or application for
assistance from the Insurance Fund may be made by the Director of
Agriculture or a designated and appointed representative of the director,
whenever in the judgment of the director the conditions qualifying this
state for such assistance exist and it would be in the best interest of
this state to make such request. All such requests are subject to ORS
291.375. [1981 c.699 §5] The
department, agency or officer expending or becoming liable for an
expenditure on account of a control or eradication program undertaken or
intensified pursuant to the compact shall have credited to the account of
the department, agency or officer in the State Treasury the amount or
amounts of any payments made to this state to defray the cost of such
program, or any part thereof, or as reimbursement thereof. [1981 c.699 §6]IMPORTED TIMBER PRODUCTS INSPECTION PROGRAM As used in ORS
570.700 to 570.710:
(1) "Bone dry ton" means 2,000 pounds of wood chips dried to zero
percent moisture.
(2) "Imported" means from any source outside North America and
includes those states in Mexico not adjacent to the United States.
(3) "Timber products" means any wood product, including, but not
limited to, finished lumber, rough cut lumber, cants, logs, wood chips,
sawdust and wood waste.
(4) "Untreated" means not previously treated so as to completely
eliminate external and internal insect pests and plant pathogens. [1995
c.450 §2](1) The Legislative Assembly finds that imported, untreated
timber products increase the hazards of introducing and spreading
injurious plant pests and diseases in this state and that the State
Department of Agriculture is directed to establish and implement an
inspection and control program to safeguard the health of trees and
plants in this state.
(2) In carrying out the provisions of this chapter to prevent the
introduction and spread of and to control injurious plant pests and
diseases, with regard to imported, untreated timber products, the
department is authorized to:
(a) Inspect such timber products at any facility that receives,
handles, transports or processes such products.
(b) Conduct testing and detection activities aimed at plant pests
and diseases that may be associated with receiving, handling,
transporting or processing such products.
(c) Inspect import permits and bills of lading relating to such
products.
(d) Establish regulations controlling the handling, transportation
and processing of such products.
(e) Assess and collect from receivers, handlers, transporters and
processors of such products fees to recover for the department the cost
of conducting the program referred to in this section. [1995 c.450 §3] (1) Each person who
takes first delivery in this state of imported, untreated timber products
on or after July 1, 1995, within one month after taking delivery of such
products, shall pay to the State Department of Agriculture a timber
products health program fee.
(2) The department, by rule, shall establish a fee schedule as
follows:
(a) For wood chips, a fee of not more than 50 cents per bone dry
ton.
(b) For timber products in any form other than wood chips, not more
than $5 per one thousand board feet.
(3) All moneys received by the State Department of Agriculture from
the timber products health program fee shall be paid into the State
Treasury and credited to the Department of Agriculture Service Fund. All
such moneys are appropriated continuously to the State Department of
Agriculture to carry out the program required by ORS 570.705. [1995 c.450
§4]PENALTIESViolation of ORS 570.010 to 570.050, 570.105 to
570.200, 570.320 to 570.360, 570.410 and 570.515 to 570.600 is a Class A
violation. [Amended by 1955 c.166 §1; 1961 c.394 §5; 1985 c.621 §6; 1999
c.1051 §202] (1) In addition to any applicable fine
under ORS 570.990 or other penalty, a person who violates a quarantine
order issued under ORS 570.115, violates ORS 570.410 or fails to timely
pay a fee required under ORS 570.710 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 a quarantine order issued under ORS 570.115,
violation of ORS 570.410 or failure to timely pay a fee required under
ORS 570.710 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.
(6) Moneys from civil penalties recovered under this section for
violation of a quarantine order issued under ORS 570.115 are continuously
appropriated to the department for the administration and enforcement of
quarantine laws under ORS 570.110 to 570.190, 570.196 and 570.200.
(7) Moneys from civil penalties recovered under this section for a
violation of ORS 570.410 are continuously appropriated to the department
for the administration and enforcement of control area programs.
(8) Moneys from civil penalties recovered under this section for
failure to timely pay a fee under ORS 570.710 are continuously
appropriated to the department for the administration of the timber
products health program described under ORS 570.705 and 570.710. [1999
c.390 §4]
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