Chapter 577
AN ACT
SB 234
Relating to production of biopharmaceutical
crops in
Be It Enacted by the People of
the State of
SECTION 1. As used in this section and section 2 of
this 2007 Act:
(1) “Biopharm permit”
means a permit issued by the United States Department of Agriculture for the
production of a biopharmaceutical crop.
(2) “Biopharmaceutical
crops” means plants that have been genetically modified using a recombinant DNA
process to produce vaccines, drugs, enzymes or other medicinal compounds.
(3) “Recombinant DNA
process” means a process in which segments of deoxyribonucleic acid from
different organisms are joined together to create recombinant DNA molecules
that have the capacity to replicate in some host cell, either autonomously or
as an integrated part of the host genome.
SECTION 2. (1) The Director of Agriculture and an
appointee of the Director of Human Services who has experience in health
program administration may enter into memoranda of understanding or other
intergovernmental agreements on behalf of this state for the purpose of
furthering collaboration between this state and federal agencies that regulate
the growing of biopharmaceutical crops. A memorandum or other agreement entered
into under this section shall be designed to increase state input to the
federal biopharm permitting system on biopharmaceutical crop issues and
requirements of specific interest to this state.
(2) To the extent
authorized under federal and state law, or under any memorandum of
understanding or other agreement entered into under subsection (1) of this
section, the Director of Agriculture and the appointee of the Director of Human
Services, or their designees:
(a) Notwithstanding ORS
192.410 to 192.505, shall refuse to disclose any biopharm permit application or
related biopharmaceutical crop information received from the United States
Department of Agriculture’s Animal and Plant Health Inspection Service, or from
any successor to that service, that the United States Department of Agriculture
has determined to be confidential business information.
(b) May review biopharm
permit applications and biopharmaceutical crop information submitted to the United
States Department of Agriculture.
(c) May administer and
conduct site inspections and monitoring of any biopharmaceutical crops grown in
(d) If there is evidence
that biopharmaceutical crops are endangering
(e)
May charge a biopharm permit applicant or holder fees for state oversight,
services or activities under this section. Fees charged under this paragraph
may not total more than $10,000 and must be reasonably calculated to reimburse
the state for the actual cost of the oversight, services or activities. Fees
collected under this paragraph shall be deposited to the credit of the
Department of Agriculture Service Fund and are continuously appropriated to the
State Department of Agriculture for the purpose of carrying out this section.
SECTION 3. 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 and distinct from the General Fund. The State
Department of Agriculture shall deposit all license and service fees paid to it
under the provisions of the statutes identified in subsection (3) of this
section in the Department of Agriculture Service Fund. The State Treasurer is
the custodian of this trust fund which shall be deposited by the treasurer in
such depositories as are authorized to receive deposits of the General Fund,
and which may be invested by the treasurer in the same manner as authorized by
ORS 293.701 to 293.820.
(2) Interest received on
deposits credited to the Department of Agriculture Service Fund shall accrue to
and become a part of the Department of Agriculture Service Fund.
(3) The license and
service fees subject to this section are those described in ORS 561.400,
570.710, 571.057, 571.063, 571.145, 583.004, 583.046, 583.445, 583.510,
583.610, 585.050, 586.270, 586.580, 586.650, 596.030, 596.311, 599.235,
599.269, 599.406, 599.610, 601.040, 602.090, 603.025, 603.075, 616.706,
618.115, 618.136, 619.031, 621.072, 621.166, 621.266, 621.297, 621.335,
621.730, 622.080, 625.180, 628.240, 632.211, 632.425, 632.600, 632.720,
632.730, 632.741, 632.940, 632.945, 633.015, 633.029, 633.318, 633.362,
633.461, 633.471, 633.680, 633.700, 633.720, 634.016, 634.116, 634.122,
634.126, 634.132, 634.136, 634.212 and 635.030 and section 2 of this 2007
Act.
Approved by the Governor June 25, 2007
Filed in the office of Secretary of State June 27, 2007
Effective date January 1, 2008
__________