74th OREGON LEGISLATIVE ASSEMBLY--2007 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 805
 
                         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)
 
 
                             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 and appointee of Director of
Human Services to enter into memoranda of understanding or other
intergovernmental agreements to further collaboration between
state and federal agencies, and to increase state input,
regarding biopharmaceutical crop issues and requirements of
specific interest to state. Authorizes director and appointee
involvement in regulation of biopharmaceutical crop permits and
operation to extent authorized under memoranda of understanding
or other intergovernmental agreements.
 
                        A BILL FOR AN ACT
Relating to production of biopharmaceutical crops in Oregon.
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 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,
may:
  (a) Refuse to disclose any permit application and related
information received from the Biotechnology Regulatory Services
of the United States Department of Agriculture's Animal and Plant
Health Inspection Service regarding a permit for
biopharmaceutical crop growing and harvesting, including but not
limited to the location of fields and test plots, whether or not
disclosure of the information would otherwise be permissible
under ORS 192.410 to 192.505 or federal law or regulation.
  (b) Charge the applicant for, or holder of, a biopharm permit
fees for state services related to the authorization and
operation of biopharmaceutical crop production, including but not
limited to permit review, site inspections, monitoring,
administration and enforcement. The fees charged under this
paragraph may not total more than $10,000. + }
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