71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 969
 
                         Senate Bill 312
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Governor John A. Kitzhaber,
  M.D., for State Department of Agriculture)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Authorizes Director of Agriculture to adopt rules for
establishment, administration and enforcement of organic food
certification program. Authorizes State Department of Agriculture
to charge fees for certification program services.
 
                        A BILL FOR AN ACT
Relating to organic foods; creating new provisions; amending ORS
  561.144 and 616.426; and appropriating money.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 561.144 is amended to read:
  561.144. (1) The State Treasurer shall establish a Department
of Agriculture Service Fund which shall be a trust fund separate
from the General Fund and included under ORS 293.115 (6), and
which shall not be subject to ORS 293.105 and 293.110. 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) Notwithstanding ORS 293.140, 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, 600.030, 601.040, 602.090, 603.025, 603.075,
 { +  616.426, + } 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, 633.361, 633.460, 633.680,
633.700, 633.720, 634.016, 634.116, 634.122, 634.126, 634.132,
634.136, 634.212 and 635.030.
  SECTION 2.  { + ORS 616.426 is added to and made a part of ORS
616.406 to 616.421. + }
  SECTION 3. ORS 616.426 is amended to read:
  616.426. (1) In accordance with applicable provisions of ORS
183.310 to 183.550, the Director of Agriculture shall adopt rules
establishing a materials and practices list for complying
products.   { - Such - }  Rules  { + adopted under this
subsection + } shall { + , at a minimum, + } establish:
  (a) Fertilizers, soil amendments and growth promoters permitted
to be used for complying products.
  (b) Insect, mite and nematode pest controls permitted to be
used for complying products.
  (c) Fungus and disease pest controls permitted to be used for
complying products.
  (d) Weed pest controls permitted to be used for complying
products.
  (e) Materials and practices permitted to be used in the
production of transplants and nursery stock for complying
products.
  (f) Animal pest controls permitted to be used for complying
products.
  (g) Post-harvest materials permitted to be used for complying
products.
  (h) Supplements to regular feed permitted to be used for
complying products.
  (i) Animal health products and practices permitted to be used
for complying products.
  (j) Minor ingredients and additives permitted to be used for
complying products.
  (2) In adopting rules pursuant to subsection (1) of this
section, the director   { - shall - }  { +  may + } take into
consideration the practices and materials permitted under section
6, chapter 1025, Oregon Laws 1989.
   { +  (3) In addition to rules adopted under subsection (1) of
this section, the director may adopt rules necessary and proper
to establish, administer and enforce a certification program for
complying products. The rules may include, but need not be
limited to, the establishment of labeling, packaging, identity
and quality standards, processing and production methods for
complying foods, and the applicability, administration and
enforcement of the certification program. In adopting rules under
this subsection, the director shall give consideration to
nationally recognized standards and requirements for similar
products, including regulations, if any, adopted by the United
States Department of Agriculture.
  (4) The State Department of Agriculture may charge fees for
services provided by the department under ORS 616.406 to 616.421
or rules adopted under this section. Those moneys are
continuously appropriated to the department for the
administration and enforcement of the certification program for
complying products. + }
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