74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 234
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 Theodore R.
Kulongoski for State Department of Agriculture)
CHAPTER ................
AN ACT
Relating to production of biopharmaceutical crops in Oregon;
creating new provisions; amending ORS 561.144; and
appropriating money.
Be It Enacted by the People of the State of Oregon:
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
Enrolled Senate Bill 234 (SB 234-A) Page 1
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 Oregon.
(d) If there is evidence that biopharmaceutical crops are
endangering Oregon agriculture, horticulture or forest production
or public health, may take appropriate enforcement action.
(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 + }.
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Enrolled Senate Bill 234 (SB 234-A) Page 2
Passed by Senate April 23, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 4, 2007
...........................................................
Speaker of House
Enrolled Senate Bill 234 (SB 234-A) Page 3
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 234 (SB 234-A) Page 4