73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session
Enrolled
House Bill 2581
Sponsored by Representative SCOTT; Senator SCHRADER (at the
request of Dan Holcombe for Oregon Soil Corporation)
CHAPTER ................
AN ACT
Relating to vermiculture; creating new provisions; and amending
ORS 30.930, 36.250, 87.700, 307.325, 467.120 and 632.900.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) As used in this section, 'vermiculture '
means the commercial raising and breeding of worms for use as
bait or as an animal food protein source or to produce castings.
(2) The practice of vermiculture is an agricultural activity
that is subject to regulation by the State Department of
Agriculture. Vermiculture products are subject to department
regulation as agricultural commodities or agricultural
products. + }
SECTION 2. ORS 30.930 is amended to read:
30.930. As used in ORS 30.930 to 30.947:
(1) 'Farm' means any facility, including the land, buildings,
watercourses and appurtenances thereto, used in the commercial
production of crops, nursery stock, livestock, poultry, livestock
products, poultry products { + , vermiculture products + } or the
propagation and raising of nursery stock.
(2) 'Farming practice' means a mode of operation on a farm
that:
(a) Is or may be used on a farm of a similar nature;
(b) Is a generally accepted, reasonable and prudent method for
the operation of the farm to obtain a profit in money;
(c) Is or may become a generally accepted, reasonable and
prudent method in conjunction with farm use;
(d) Complies with applicable laws; and
(e) Is done in a reasonable and prudent manner.
(3) 'Forestland' means land that is used for the growing and
harvesting of forest tree species.
(4) 'Forest practice' means a mode of operation on forestland
that:
(a) Is or may be used on forestland of similar nature;
(b) Is a generally accepted, reasonable and prudent method of
complying with ORS 527.610 to 527.770 and the rules adopted
pursuant thereto;
(c) Is or may become a generally accepted, reasonable and
prudent method in conjunction with forestland;
(d) Complies with applicable laws;
(e) Is done in a reasonable and prudent manner; and
(f) May include, but is not limited to, site preparation,
timber harvest, slash disposal, road construction and
Enrolled House Bill 2581 (HB 2581-INTRO) Page 1
maintenance, tree planting, precommercial thinning, release,
fertilization, animal damage control and insect and disease
control.
(5) 'Pesticide' has the meaning given that term in ORS 634.006.
SECTION 3. ORS 36.250 is amended to read:
36.250. As used in ORS 36.250 to 36.270:
(1) 'Agricultural producer' means a person who owns or is
purchasing agricultural property for use in agriculture whose
gross sales in agriculture averaged $20,000 or more for the
preceding three years.
(2) 'Agricultural property' means real property that is
principally used for agriculture.
(3) 'Agriculture' means the production of livestock, poultry,
field crops, fruit, dairy, fur-bearing animals, Christmas
trees, { + vermiculture products, + } food fish or other animal
and vegetable matter.
(4) 'Coordinator' means the Director of Agriculture or a
designee of the Director of Agriculture.
(5) 'Creditor' means the holder of a mortgage or trust deed on
agricultural property, a vendor of a real estate contract for
agricultural property, a person with a perfected security
interest in agricultural property or a judgment creditor with a
judgment against an agricultural producer.
(6) 'Financial analyst' means a person knowledgeable in
agriculture and financial matters that can provide financial
analysis to aid the agricultural producer in preparing the
financial information required under ORS 36.256. Financial
analyst may include county extension agents or other persons
approved by the coordinator.
(7) 'Mediation' means the process by which a mediator assists
and facilitates an agricultural producer and a creditor in a
controversy relating to the mortgage, trust deed, real estate
contract, security interest or judgment that the creditor has in
the agricultural property of the agricultural producer in
reaching a mutually acceptable resolution of the controversy and
includes all contacts between the mediator and the agricultural
producer or the creditor, until such time as a resolution is
agreed to by the agricultural producer and the creditor or until
the agricultural producer or the creditor discharges the
mediator.
(8) 'Mediation service' means a person selected by the
coordinator to provide mediation under ORS 36.250 to 36.270.
(9) 'Mediator' means an impartial third party who performs
mediations.
(10) 'Person' means the state or a public or private
corporation, local government unit, public agency, individual,
partnership, association, firm, trust, estate or any other legal
entity.
SECTION 4. ORS 87.700 is amended to read:
87.700. As used in ORS 87.228 and 87.700 to 87.736, unless the
context otherwise requires:
(1) 'Agricultural produce' means horticultural products,
viticultural products, fruit, berries, vegetables, hops, mint
oil, hazelnuts or other nuts, dairy products, bee products, { +
vermiculture products, + } hay or straw baled and prepared for
market, meat animals and Christmas trees as defined in ORS
571.505.
(2) 'Agricultural producer' means a person that engages in or
has engaged in the business of growing or producing agricultural
produce for market or for delivery or transfer to others owning
Enrolled House Bill 2581 (HB 2581-INTRO) Page 2
or holding title to the produce. 'Agricultural producer' includes
a landowner, producer, landlord, tenant, sharecropper or other
person who participates in the growing of agricultural produce
and receives a share of the produce.
(3) 'Meat animal' has the meaning for that term provided in ORS
603.010.
(4) 'Person' means individual, corporation, partnership,
association, joint stock company, trust, limited liability
company, limited liability partnership, cooperative, government
entity, unincorporated organization or other business entity.
(5) 'Purchaser' does not include a cooperative organized and
operating under ORS chapter 62, including a foreign cooperative
authorized to do business in this state under ORS chapter 60, if
the agricultural producer is a member of the cooperative.
(6) 'Security interest' has the meaning given that term in ORS
71.2010 (37).
SECTION 5. ORS 307.325 is amended to read:
307.325. (1) The items of personal property described in
subsection (2) of this section which, on the assessment date, are
owned and in the actual or constructive possession of the farmer
who produced them or who has procured them for use or consumption
in the farm operations of the farmer, shall be exempt from
taxation.
(2) The items referred to in subsection (1) of this section are
as follows:
(a) Grain.
(b) Seed.
(c) Hay.
(d) Fruit.
(e) Vegetables.
(f) Nuts.
(g) Hops.
(h) Wool.
(i) Fish.
(j) Poultry.
(k) Butter, cheese and evaporated, condensed or concentrated
milk.
(L) Mint.
(m) Bivalve mollusks.
(n) Livestock.
(o) Fur-bearing animals.
(p) Bees.
{ + (q) Vermiculture supplies and products. + }
SECTION 6. ORS 467.120 is amended to read:
467.120. (1) Except as provided in subsection (3) of this
section, agricultural operations and forestry operations are
exempt from the provisions of this chapter.
(2) As used in this section:
(a) 'Agricultural operations' means the current employment of
land and buildings on a farm for the purpose of obtaining a
profit in money by raising, harvesting and selling crops or by
the feeding, breeding, management and sale of, or the produce of,
livestock, poultry, fur-bearing animals { + , vermiculture
products + } or honeybees or for dairying and the sale of dairy
products or any other agricultural or horticultural operations or
any combination thereof including the propagation and raising of
nursery stock and the preparation and storage of the products
raised for human use and animal use and disposal by marketing or
otherwise by a farmer on such farm.
Enrolled House Bill 2581 (HB 2581-INTRO) Page 3
(b) 'Forestry operations' means an activity related to the
growing or harvesting of forest tree species on forestland as
defined in ORS 526.324 (1).
(3) The following operations are not exempt from the provisions
of subsections (1) and (2) of this section:
(a) The mining or processing of rock, aggregate or minerals
within one-half mile of a noise sensitive area, if:
(A) The operation operates more than nine hours per day during
the period subject to the daytime standards established by the
Environmental Quality Commission under ORS 467.030; or
(B) The operation operates more than five days per week.
(b) Any mining or processing of rock, aggregate or minerals
within one-half mile of a noise sensitive area during the period
subject to the nighttime noise emission standards established by
the Environmental Quality Commission under ORS 467.030.
SECTION 7. ORS 632.900 is amended to read:
632.900. As used in ORS 632.900 to 632.940 and 632.955 to
632.980, 'horticultural and agricultural products' { + :
(1) + } Includes articles of food, drinks, dairy products,
forage products, livestock products, poultry products, apiary
products, { + vermiculture products, + } nursery stock as
defined in ORS 571.005 and seeds, bulbs and tubers that are not
nursery stock, grown or produced in this state. { - '
Horticultural and agricultural products' - }
{ + (2) + } Does not include bakery products and alcoholic
liquors.
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Passed by House April 12, 2005
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate July 14, 2005
...........................................................
President of Senate
Enrolled House Bill 2581 (HB 2581-INTRO) Page 4
Received by Governor:
......M.,............., 2005
Approved:
......M.,............., 2005
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2005
...........................................................
Secretary of State
Enrolled House Bill 2581 (HB 2581-INTRO) Page 5