75th OREGON LEGISLATIVE ASSEMBLY--2009 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 557
A-Engrossed
House Bill 2212
Ordered by the House March 26
Including House Amendments dated March 26
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (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.
Broadens statutes currently applicable to tansy ragwort to
include all noxious weeds. Repeals statutes regarding ragweed.
Revises quarantine authority of State Department of
Agriculture.
Authorizes department to adopt rules for nonquarantine
regulation of plant pests. Makes violation of rule subject to
civil penalty, not to exceed $10,000.
Authorizes department to conduct research for control of plant
pests. Prohibits { - possession or movement of - } { + person
from possessing or knowingly moving + } plant pests except in
compliance with federal or state permit. Makes violation subject
to fine not to exceed $720 and civil penalty not to exceed
$10,000.
Declares plant pests to be public nuisance. Authorizes
department to issue orders or adopt rules to abate public
nuisance caused by plant pests. Makes violation of order or rule
for abating nuisance subject to civil penalty not to exceed
$10,000.
A BILL FOR AN ACT
Relating to State Department of Agriculture control methods;
creating new provisions; amending ORS 195.308, 452.610,
452.615, 452.620, 452.625, 452.630, 452.990, 561.510, 561.560,
561.680, 561.990, 570.705, 570.990, 570.995, 571.063, 571.145,
634.212, 634.216, 634.232 and 634.236; repealing ORS 452.510,
452.520, 452.530, 452.540, 452.550, 452.560, 452.570, 452.580,
452.590, 561.520, 561.530, 561.550, 570.005, 570.196, 570.200,
570.370, 570.375, 570.407, 570.500 and 571.035; and
appropriating money.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2009 Act is added to and made
a part of ORS chapter 561. + }
SECTION 2. { + The State Department of Agriculture may
preapprove and issue permits for shipments of articles that are
subject to a quarantine if the department finds that the articles
are subject to appropriate mitigation tactics or strategies that
can be enforced at the point of origin for the shipment. The
department may also permit and preapprove articles that are
subject to department control methods adopted by rule under
section 5 of this 2009 Act or to product grades, standards or
classifications adopted by the department under ORS 632.900 to
632.940, if the department finds that the articles are subject to
appropriate inspection programs at the point of origin for the
shipment. + }
SECTION 3. { + (1) Notwithstanding any other provision of law,
ORS 452.610, 452.615, 452.620, 452.625 and 452.630 shall not be
considered to have been added to or made a part of ORS chapter
452 for the purpose of statutory compilation or for the
application of definitions, penalties or administrative
provisions applicable to statute sections in that chapter.
(2) Notwithstanding any other provision of law, ORS 561.650,
561.660, 561.670 and 561.680 shall not be considered to have been
added to or made a part of ORS chapter 561 for the purpose of
statutory compilation or for the application of definitions,
penalties or administrative provisions applicable to statute
sections in that chapter.
(3) Notwithstanding any other provisions of law, ORS 570.505,
570.510 and 570.515 to 570.600 shall not be considered to have
been added to or made a part of ORS chapter 570 for the purpose
of statutory compilation or for the application of definitions,
penalties or administrative provisions applicable to statute
sections in that chapter. + }
SECTION 4. { + As used in sections 5 to 8 of this 2009 Act, '
plant pest' means:
(1) A disease, microscopic organism, insect, nematode,
arthropod, parasite or a noxious weed as defined in ORS 452.610,
capable of having a significant adverse effect on the
environmental quality of the state or of causing a significant
level of economic damage in this state, including but not limited
to damage to agricultural, horticultural or forest plants, crops,
commodities or products; and
(2) Any biotic agent identified in an order or rule of the
State Department of Agriculture as capable of having a
significant adverse effect on the environmental quality of the
state, or of causing a significant level of economic damage in
this state, including but not limited to damage to agricultural,
horticultural or forest plants, crops, commodities or
products. + }
SECTION 5. { + The State Department of Agriculture may adopt
rules requiring the use of measures to control the spread of a
specific plant pest that is not the subject of a quarantine if:
(1) Failure to control the plant pest will have an identifiable
effect on plants, with a resulting unacceptable level of economic
impact in the state; and
(2) The measures required by the department are of a type
proven effective to achieve the control levels determined by the
department for the plant pest. + }
SECTION 6. { + (1) A person may not possess or knowingly move
a plant pest within this state unless the person possesses:
(a) A plant protection and quarantine permit issued by the
United States Department of Agriculture's Animal and Plant Health
Inspection Service, or by a successor to that service,
authorizing the possession or movement; or
(b) A State Department of Agriculture permit authorizing the
possession or movement.
(2) The State Department of Agriculture may not issue a permit
to possess or move a plant pest unless the department determines
that the proposed possession or movement will not create a hazard
to agricultural, forest or horticultural interests within the
state or to the environmental quality of the state.
(3) If the department issues a permit to move a plant pest, the
permittee must ensure that a copy of the permit is affixed to or
accompanies the shipping container, box, package or other
receptacle containing the plant pest. The department may adopt
rules governing the attachment or accompaniment. + }
SECTION 7. { + The State Department of Agriculture may conduct
research to prevent the introduction or spread of plant pests
into or within the state. The department may conduct the research
independently or as part of a cooperative effort involving other
entities. The research may include, but need not be limited to,
researching the feasibility of controlling or eradicating plant
pests. + }
SECTION 8. { + (1) The Legislative Assembly finds and declares
that:
(a) A plant pest, other than a plant pest possessed or moved in
compliance with a permit described in section 6 of this 2009 Act,
is a public nuisance.
(b) A plant, crop or agricultural, horticultural or forest
commodity or product, that is infested with or harbors a plant
pest is a public nuisance.
(2) The State Department of Agriculture may abate a public
nuisance described in subsection (1) of this section by using the
public nuisance abatement processes described in ORS 570.170 and
570.180.
(3) The State Department of Agriculture is not required to
compensate a person for any loss incurred from the abatement of a
public nuisance under this section or ORS 570.170 or 570.180.
This subsection does not apply to compensation for an
abatement-related loss that results from the application of a
pesticide in a faulty, careless or negligent manner. + }
SECTION 9. { + (1) Violation of a provision of ORS 452.610 to
452.630 or a rule adopted under ORS 452.610 to 452.630 is a Class
B violation.
(2) Violation of a provision of ORS 561.605 to 561.630 is a
Class D violation.
(3) Violation of a provision of ORS 570.515 to 570.600 or
section 6 of this 2009 Act is a Class A violation. + }
SECTION 10. { + (1) In addition to any applicable fine under
section 9 of this 2009 Act or other penalty, a person is subject
to imposition by the State Department of Agriculture of a civil
penalty, not to exceed $10,000, if the person:
(a) Violates a rule adopted under section 5 of this 2009 Act;
or
(b) Violates the conditions of a permit described in section 6
of this 2009 Act.
(2) Each violation of a rule adopted under section 5 of this
2009 Act or of a condition of a permit described in section 6 of
this 2009 Act is a separate offense subject to a separate civil
penalty.
(3) The department shall develop one or more schedules setting
the amounts of civil penalties that may be imposed for particular
types of violations.
(4) The imposition of a civil penalty under this section is
subject to ORS 183.745.
(5) The State Treasurer shall deposit all moneys from penalties
recovered under this section into the Department of Agriculture
Account. Moneys deposited under this subsection are continuously
appropriated to the State Department of Agriculture for carrying
out plant pest prevention and control activities. + }
SECTION 11. ORS 195.308 is amended to read:
195.308. Notwithstanding the requirement to pay just
compensation for certain land use regulations under ORS 195.305
(1), compensation is not due for the enforcement or enactment of
a land use regulation established in ORS 30.930 to 30.947,
527.310 to 527.370, 561.685, 561.687, 561.689, 561.691, 561.693,
561.695, 561.995, { - 570.005 to 570.600, - } { + 570.005 to
570.055, 570.105 to 570.200, 570.305, 570.310, 570.320 to
570.360, 570.405, 570.412, 570.420, 570.425, 570.450, 570.515 to
570.600, + } 570.650, 570.700 to 570.710, 570.995, 596.095,
596.100, 596.105, 596.393, 596.990 or 596.995 or in
administrative rules or statewide plans implementing these
statutes.
SECTION 12. ORS 452.610 is amended to read:
452.610. As used in ORS 452.610 to 452.630 { - and 452.990
(2), unless the context requires otherwise - } :
{ - (1) 'Department' means the State Department of
Agriculture. - }
{ + (1) 'Noxious weed' means a terrestrial, aquatic or marine
plant designated by the State Weed Board under ORS 561.680 as
among those representing the greatest public menace and as a top
priority for action by weed control programs. + }
(2) 'Person' means { - any individual, partnership,
association, corporation - } { + a person as defined in ORS
174.100 + }, the federal government { - , - } or any of its
agencies, the State of Oregon { - , - } or any of its agencies,
or any city, county, district or municipal corporation of this
state.
SECTION 13. ORS 452.615 is amended to read:
452.615. In recognition of the imminent and continuous
{ - menace to - } { + threat to natural resources, watershed
health, + } livestock, wildlife, land and agricultural products
of this state, and in recognition of the widespread infestations
and potential infestations of { - tansy ragwort - }
{ + noxious weeds + } throughout this state, { - and in
exercise of the police power of this state for the protection of
the health and welfare of the people of this state, tansy ragwort
(Senecio jacobaea) is - } { + noxious weeds are + } declared to
be a public nuisance and shall be detected, controlled and, where
feasible, eradicated on all lands in this state { + . + } { - ,
and in further recognition that known, effective and practical
control or eradication measures are presently unavailable and
that suppression of this public nuisance is dependent upon
determining such measures, the State Department of Agriculture
shall undertake studies, investigations and research for the
development of control or eradication methods. - } It is
declared to be the policy of this state that priority shall be
given first to the prevention of new infestations of { - tansy
ragwort - } { + noxious weeds + }and then to the control
and { + , where feasible, + } eradication of { - tansy
ragwort - } { + noxious weeds + }in infested areas.
SECTION 14. ORS 452.620 is amended to read:
452.620. The State Department of Agriculture shall administer
and enforce { - the provisions of - } ORS 452.610 to 452.630
{ - and 452.990 (2), and in furtherance thereof is
authorized: - } { + . The department may: + }
(1) { - In accordance with the applicable provisions of ORS
chapter 183, to - } Adopt rules to carry out { - the
provisions of ORS 452.610 to 452.630 and 452.990 (2) - }
{ + ORS 452.610 to 452.630 + }. In
{ - making such - } { + adopting the + } rules the department
shall consider:
{ - (a) The existence, availability and practicality of
chemical, biological or other means for the control or
eradication of tansy ragwort, and the effectiveness thereof; - }
{ - (b) - } { + (a) + } The effect on the immediate
environment of the use of { - such - } chemical, biological or
other means for control or eradication; and
{ - (c) - } { + (b) + } The overall benefit to be derived
compared to the costs to be incurred.
{ + (2) Implement an integrated weed management approach that
focuses on the prevention of noxious weeds through:
(a) A combination of techniques that may include, but need not
be limited to, the use of:
(A) Surveillance and monitoring;
(B) Early detection;
(C) Eradication or other rapid response techniques;
(D) Mechanical control;
(E) The selective use of pesticides;
(F) Cultural practices;
(G) Modified land management; and
(H) Biological controls; and
(b) Control practices selected and applied to achieve desired
weed management objectives in a manner that minimizes risks to
human health, non-target organisms, native fish and wildlife
habitat, watersheds and the environment. + }
{ - (2) - } { + (3) + } { - To - } Cooperate with Oregon
State University or any other person in the administration and
enforcement of ORS 452.610 to 452.630 { - and 452.990 (2) - } .
{ - (3) - } { + (4) + } { - To - } Collect, publish,
disseminate and furnish information, statistics and advice
concerning the research, experimentation, control and eradication
of { - tansy ragwort - } { + noxious weeds + } and the land
management and cultural practices recommended for such control
and eradication.
{ - (4) - } { + (5) + } Notwithstanding any provisions of
ORS 279.835 to 279.855 and 561.240 and ORS chapters 279A, 279B
and 279C to the contrary, { - to - } enter into contracts with
Oregon State University or any other person for the purpose of
research, experimentation, control or eradication of { - tansy
ragwort - } { + noxious weeds + }, to receive and expend funds
pursuant to such contracts and to employ or authorize personnel
to act on behalf of the department.
{ - (5) - } { + (6) + } { - To - } Rear, propagate and
release biological control agents { + approved by the United
States Department of Agriculture + }, including insects or
disease organisms, and to construct, purchase, maintain and
operate facilities and equipment for such purpose.
{ - (6) - } { + (7) + } { - To - } Control, or direct
control of, predators and diseases of biological control agents,
and to limit or prohibit the movement or use of pesticides or
other agriculture chemicals
{ - which - } { + that + } reasonably could damage or injure
such biological control agents.
{ - (7) - } { + (8) + } { - To - } Purchase, use and
apply chemical control agents, including pesticides, and
{ - to - } purchase, maintain and operate any application
equipment for such purpose.
{ - (8) - } { + (9) + } { - To - } Regulate, restrict or
prohibit the movement or sale of hay, { + straw, + } seed, other
agricultural crops or residues thereof, { - which - }
{ + that + } are found to contain { - tansy ragwort - }
{ + noxious weeds + } or seeds { - thereof - } { + or
propagules of noxious weeds + }.
{ - (9) - } { + (10) + } { - To - } Limit or prohibit
the collection or taking of any biological control agents from
public or private lands within this state.
{ - (10) - } { + (11) + } { - To - } Develop appropriate
measures for the control or eradication of { - tansy
ragwort - } { + noxious weeds + } on any lands in this state.
{ - (11) - } { + (12) + } { - To - } Have access to all
lands within this state to carry out { - the provisions of - }
ORS 452.610 to 452.630 { - and 452.990 (2) - } , including
survey, control and eradication activities and the establishment
of quarantines { - in accordance with ORS 561.510 to
561.600 - } .
{ - (12) - } { + (13) + } { - To - } Request any person
owning or controlling land within this state to control, prevent
the spread of, or, when feasible, eradicate { - tansy
ragwort - } { + noxious weeds + }, and to supervise such
activities.
{ + (14) If abatement procedures are required of a landowner,
recommend that the landowner and the department jointly develop a
management strategy or plan that describes a course of action to
address the abatement requirement. + }
{ - (13) - } { + (15) + } To the extent funds are available
for such purpose, { - to - } employ or use personnel of other
agencies of this state, including but not limited to persons
acting under work-release, rehabilitation or youth programs or
persons employed and paid from federal funds received under the
Emergency Job and Unemployment Assistance Act of 1974 (Public Law
93-567) or any other federal or state program intended primarily
to alleviate unemployment or to advance research.
{ - (14) - } { + (16) + } { - To - } Establish advisory
committees to assist the department { + and the State Weed
Board + } in carrying out { - the provisions of - } ORS
452.610 to 452.630 { - and 452.990 (2) - } .
SECTION 15. ORS 452.625 is amended to read:
452.625. { - In addition to the authority of the State
Department of Agriculture provided in ORS 452.610 to 452.630 and
452.990 (2), - } Oregon State University { - is authorized to
carry out the activities described in ORS 452.620 (3) and
(5). - } { + , acting by itself or in cooperation with the State
Department of Agriculture, may:
(1) Collect, publish, disseminate and furnish information,
statistics and advice concerning the research, experimentation,
control and eradication of noxious weeds and the land management
and cultural practices recommended for such control and
eradication.
(2) Rear, propagate and release biological control agents
approved by the United States Department of Agriculture,
including insects or disease organisms, and construct, purchase,
maintain and operate facilities and equipment for such
purpose. + }
SECTION 16. ORS 452.630 is amended to read:
452.630. (1) No person shall fail to cooperate with the State
Department of Agriculture in the administration or enforcement of
ORS 452.610 to 452.630 { - and 452.990 (2) - } , or rules
promulgated pursuant thereto, nor otherwise violate any provision
of ORS 452.610 to 452.630 { - and 452.990 (2) - } .
(2) In addition to any other remedy provided by law, the
department may bring suit in circuit court to enjoin or restrain
any person from violating any provision of ORS 452.610 to 452.630
{ - and 452.990 (2) - } or any rule promulgated thereunder.
SECTION 17. ORS 452.990 is amended to read:
452.990. { - (1) - } Violation of ORS 452.250 is a Class C
misdemeanor.
{ - (2) Subject to ORS 153.022, failure to comply with any
provision of ORS 452.610 to 452.630 and this subsection or any
rule promulgated pursuant thereto is a Class B violation. - }
SECTION 18. ORS 561.510 is amended to read:
561.510. { - Whenever, in the opinion of - } { + (1) + }
The Director of Agriculture { + may adopt rules under ORS
chapter 183 declaring a quarantine if the director believes
that + } any animals, fowls, bees, fruits, vegetables, plants,
parts of plants or seeds within any area or section are diseased
or { - infected with any infestation - } { + infested with a
pest + }, or { + that + } any area or section is infested with
{ - any kind of weed, which - } { + a weed, and that the
+ }disease, infestation or weed is { - liable - } { +
likely + } to spread and become detrimental to the plant or
animal life of this state or { - is liable to injuriously
affect - } { + to + } the health of citizens of the
state { + . + } { - , with reference to any of which - } { +
The director may declare the quarantine for any area or section
for which + } the Secretary of Agriculture of the United States
has not determined that a quarantine is necessary and established
a quarantine { + . + } { - , the director is authorized, with
the consent of the Governor, to declare a quarantine against - }
{ + The quarantine may prohibit:
(a) + }The movement of { - any such - } { + diseased or
infested + } animals, fowls, bees, fruits, vegetables, plants,
parts of plants or seeds { - , - } { + or of weeds or weed
seeds; + } or { - against the movement of any articles which
may contain such weeds or the seeds thereof, or which may be
liable to spread such disease or infestation into the state, if
such area or section be outside the boundaries of this state, or
against the movement from such area or section of such animals,
bees, fowls, fruits, vegetables, plants, parts of plants or
seeds, or against the movement within the state of articles
liable to spread such weeds or weed seeds, or which may be liable
to spread such disease or infestation, if such - }
{ + (b) Articles that might contain the disease, infestation,
weeds or weed seeds or that might otherwise spread the disease,
infestation or weeds into the state from outside the state or
from one area or section of the state to another + }area or
section { - is - } within { + or outside + } the state.
{ + (2) Except as provided in subsection (3) of this section,
the director shall hold at least one public hearing in this state
before adopting a rule that declares a quarantine under this
section.
(3) If an emergency exists and postponement of the effective
date of the quarantine would result in serious prejudice to the
public health, safety or welfare, or to the health, safety or
welfare of the affected parties, the director may make the
quarantine effective immediately as authorized by ORS 183.355
(2)(b). + }
SECTION 19. ORS 561.560 is amended to read:
561.560. { - (1) Notwithstanding ORS chapter 183, whenever
the Director of Agriculture determines the fact that a dangerous
plant, animal, fowl or bee disease or insect infestation new to,
or not theretofore widely prevalent or distributed within and
throughout the state, exists in any state, territory, country or
locality outside of this state, or in any locality within this
state, which disease or infestation is of such nature that it
will be impossible to follow the procedure provided for in ORS
561.510 to 561.530 without serious danger of the wide spread
within the state of such disease or infestation during the time
required by such procedure, the director is authorized and
directed to declare, by written order, a quarantine against the
movement into or within the state from such state, territory,
country or locality, of any plants, animals, fowls, bees or
articles which are liable to spread such disease or infestation.
A written order may be amended as the director determines is
necessary. A written order and any subsequent amendments thereto
shall be signed by the director. - }
{ + (1) The Director of Agriculture shall issue a written
order declaring a quarantine if the director determines that:
(a) A disease or an infestation has a significantly adverse
effect on plants, animals, fowls or bees;
(b) The disease or infestation is not widely prevalent or
distributed within this state;
(c) The disease or infestation exists in another state,
territory or country or in any locality within this state; and
(d) Following the procedure for declaring a quarantine by rule
under ORS 561.510 would create a serious danger of the disease or
infestation spreading within the state during the time required
by the procedure.
(2) The written order declaring the quarantine shall prohibit
the movement into or within the state of any plants, animals,
fowls, bees or articles that are likely to spread the disease or
infestation. The director may amend the order as the director
considers necessary. The director shall sign the written order
and any amendments to the order. + }
{ - (2) - } { + (3) + } The director shall file all
quarantine orders and
{ - any - } amendments { - thereto - } { + to the
orders + } with the Secretary of State and shall publish a notice
of { - such - } { + the + } quarantine and of any amendments
to a quarantine order in a newspaper of general circulation
throughout the state. The director { - shall take such - }
{ + may take + } other action { - as - } the director
considers reasonable to
{ - insure that persons affected by a quarantine have knowledge
thereof - } { + ensure that the affected persons have knowledge
of the quarantine + }. { - From and after the filing of - } A
quarantine order { - , - } or amendment { - thereto, - } { +
to an order is effective upon filing + }with the Secretary of
State { + . + } { - it shall be unlawful for any person, firm
or corporation to - } { + A person may not + } carry, move or
transport any plants, animals, fowls, bees or articles specified
in { - a quarantine order, or amendment thereto, - } { + a
quarantine order or amendment + } from the quarantined area into
or through any part of the state, except as provided in the order
{ - , - } or amendment { - thereto - } . Proofs of the
publication of the notices provided for in this section shall be
filed in the office of the State Department of Agriculture.
{ - (3) - } { + (4) + } { - No such emergency quarantine,
as provided for in this section, shall be effective for more than
90 days after the date of the first publication of notice
thereof. - } { + A quarantine created by a written order issued
under this section may not remain in effect more than 180 days
after the first publication of notice under subsection (3) of
this section. + } However, a quarantine for a longer period may
be declared under { - the provisions of - } ORS 561.510
{ - to 561.550 - } , to take effect at or before the expiration
of { - such 90-day - } { + the 180-day + } period.
{ - (4) - } { + (5) + } The Governor by filing an order
with the Secretary of State may terminate { - such department
order - } { + a quarantine ordered by the director under this
section + }. { - Thereafter and relating only to that
particular subject matter and emergency, the department shall be
required to - } { + If the Governor terminates a quarantine
under this subsection, the director must + } obtain the approval
of the Governor before { + issuing + } any additional quarantine
or amendments { - thereto are issued - } under this
{ - statute - } { + section for the same disease or
infestation + }.
SECTION 20. ORS 561.680 is amended to read:
561.680. The State Weed Board shall:
(1) Act in conjunction with the State Department of Agriculture
to identify those weeds growing in this state that represent the
greatest public menace and establish those weeds as the top
priority for action by weed control programs in this state.
(2) Assist the Director of Agriculture in allocating moneys
made available to the State Department of Agriculture for the
payment of weed control expenses to weed control programs
conducted in the various counties on the basis of the plan
implemented under ORS 561.683.
(3) Help the department to coordinate the weed control program
efforts of the various counties and advise the director in
performing weed control duties, functions and powers assigned to
the State Department of Agriculture { - pursuant to ORS chapter
570 or any other provision of law - } .
SECTION 21. ORS 561.990 is amended to read:
561.990. (1) Violation of ORS 561.170 is a Class C violation.
(2) Violation of ORS 561.200 is punishable, upon conviction, by
a fine of not to exceed $100 or by imprisonment for not more than
30 days, or both.
(3) Violation of ORS 561.220 or 561.230 is a misdemeanor.
(4) Violation of ORS 561.590 is punishable, upon conviction, by
a fine of not less than $500 nor more than $5,000.
{ - (5) Violation of any of the provisions of ORS 561.605 to
561.630 is a Class D violation. - }
SECTION 22. ORS 570.705 is amended to read:
570.705. (1) The Legislative Assembly finds that imported,
untreated timber products increase the hazards of introducing and
spreading injurious plant pests and diseases in this state and
that the State Department of Agriculture is directed to establish
and implement an inspection and control program to safeguard the
health of trees and plants in this state.
(2) In carrying out the { - provisions of this chapter - }
{ + duties, functions and powers of the department + } to
prevent the introduction and spread of and to control injurious
plant pests and diseases, with regard to imported, untreated
timber products, the department
{ - is authorized to - } { + may + }:
(a) Inspect such timber products at any facility that receives,
handles, transports or processes such products.
(b) Conduct testing and detection activities aimed at plant
pests and diseases that may be associated with receiving,
handling, transporting or processing such products.
(c) Inspect import permits and bills of lading relating to such
products.
(d) Establish regulations controlling the handling,
transportation and processing of such products.
(e) Assess and collect from receivers, handlers, transporters
and processors of such products fees to recover for the
department the cost of conducting the program referred to in this
section.
SECTION 23. ORS 570.990 is amended to read:
570.990. Violation of { + a provision of + } ORS 570.010 to
570.050, 570.105 to 570.200, 570.320 to 570.360 { - , - } { +
or + } 570.410 { - and 570.515 to 570.600 - } is a Class A
violation.
SECTION 24. ORS 570.995 is amended to read:
570.995. (1) In addition to any applicable fine under ORS
570.990 or other penalty, a person { - who - } { + is subject
to imposition by the State Department of Agriculture of a civil
penalty, not to exceed $10,000, if the person:
(a) + }Violates a quarantine order issued under ORS
570.115 { + ; + } { - , - }
{ + (b) + } Violates ORS 570.410 { + ; + } or
{ + (c) + } Fails to timely pay a fee required under ORS
570.710 { + . + } { - is subject to a civil penalty imposed by
the State Department of Agriculture. The civil penalty shall not
exceed $10,000. - }
(2) { - Every - } { + Each + } violation of a quarantine
order issued under ORS 570.115, violation of ORS 570.410 or
failure to timely pay a fee required under ORS 570.710 is a
separate offense subject to a separate civil penalty.
(3) The department shall develop one or more schedules setting
the amounts of civil penalties that may be imposed for particular
types of violations.
(4) The imposition of a civil penalty under this section is
subject to ORS 183.745.
(5) The State Treasurer shall deposit all moneys from penalties
recovered under this section into the Department of Agriculture
Account.
(6) Moneys from civil penalties recovered under this section
for violation of a quarantine order issued under ORS 570.115 are
continuously appropriated to the department for the
administration and enforcement of quarantine laws under ORS
570.110 to 570.190 { - , 570.196 and 570.200 - } .
(7) Moneys from civil penalties recovered under this section
for a violation of ORS 570.410 are continuously appropriated to
the department for the administration and enforcement of control
area programs.
(8) Moneys from civil penalties recovered under this section
for failure to timely pay a fee under ORS 570.710 are
continuously appropriated to the department for the
administration of the timber products health program described
under ORS 570.705 and 570.710.
SECTION 25. ORS 571.063 is amended to read:
571.063. (1) Upon { - payment - } { + receipt + } of a fee
{ - of $5, - } { + established by the State Department of
Agriculture, the department may issue + } a temporary nursery
sale license { - may be issued by the State Department of
Agriculture - } for the holding of a nursery stock sale
conducted by, or for the benefit of, a duly registered nonprofit
organization, where such sale does not exceed seven consecutive
days.
(2) Application for a temporary nursery sale license shall be
made on a form furnished by the department, and shall be
accompanied by the license fee. A separate application and
license fee is required for each sale.
(3) The department may prescribe the conditions of such
temporary nursery sales license, which conditions shall be stated
in the license. Any such license may be revoked or suspended by
the department for violation of any of the conditions stated
therein. ORS 571.005 to 571.230 and 571.991 shall not be
applicable to such temporary nursery sales except as provided in
this section.
{ + (4) The department shall establish the fee described in
subsection (1) of this section by rule. The department shall
establish the fee at a level sufficient to cover the costs to the
department associated with issuing the temporary nursery sale
license, but not more than $50. + }
SECTION 26. ORS 571.145 is amended to read:
571.145. (1) The State Department of Agriculture shall inspect
each licensed nursery at least once { - each fiscal year - }
{ + and + } as often thereafter as the department considers
necessary to determine and control pest, disease and noxious weed
conditions.
(2) The department may make additional inspections as necessary
for the issuance of phytosanitary and other certificates. Such
additional inspections are in addition to normal inspections as
provided by subsection (1) of this section. The department may
charge for such inspections requested by nurseries in order to
issue state or federal phytosanitary certificates and any other
certificate that requires inspection prior to issuance of such
certificates. Such charge shall not be less than $10 per
requested certificate or greater than $50 per such certificate.
However, for license years after June 30, 1995, the department
may establish the certificate fee without regard to the
limitations provided in this subsection after consulting with the
State Nursery Research and Regulatory Committee and after holding
public hearings in accordance with ORS chapter 183.
(3) The department may establish a schedule of fees for nursery
stock inspections and special services which may be performed by
the department for persons who are not required to obtain a
license pursuant to ORS 571.005 to 571.230 and 571.991. The fees
shall be established in such amounts as are reasonably necessary
to recover all costs incurred by the department in the
performance of such inspections and special services. Payment for
such inspections and special services shall be made to the
department at the time the inspections or special services are
performed.
SECTION 27. ORS 634.212 is amended to read:
634.212. (1) Upon receiving a petition of any 25 or more
landowners, representing at least 70 percent of the acres of
land, situated within the territory proposed to be a protected
area, the State Department of Agriculture may establish a
protected area, in accordance with the provisions of ORS 561.510
to 561.590 governing the procedures for the declaration of
quarantines { - , except the consent of the Governor is not
required - } .
(2) The petition, referred to in subsection (1) of this
section, shall include the following:
(a) The proposed name of the protected area.
(b) The description, including proposed boundaries, of the
territory proposed to be a protected area.
(c) A concise statement of the need for the establishment of
the protected area proposed.
(d) A concise statement of the pesticides and the times,
methods or rates of pesticide applications to be restricted or
prohibited and the extent such are to be restricted or
prohibited.
(e) A request that a public hearing be held by the department.
(f) The name of the person authorized to act as attorney in
fact for the petitioners in all matters relating to the
establishment of a proposed protected area.
(g) A concise statement of any desired limitations of the
powers and duties of the governing body of the proposed protected
area.
(3) If more than one petition, referred to in subsection (1) of
this section, is received by the department describing parts of
the same territory, the department may consolidate all or any of
such petitions.
(4) Each petition, described in subsection (1) of this section,
shall be accompanied by a filing fee of $125. Upon receipt of
such petition and payment of such fee, the department shall
prepare and submit to the petitioners an estimated budget of the
costs of establishing such proposed protected area, including
cost of preparation of the estimated budget, of the hearing and
of the preparation of required documents. Within 15 days of the
receipt of the estimated budget, the petitioners shall remit to
the department the difference between the filing fee and total
estimated budget. If the petitioners fail to remit such
difference, the department shall retain the filing fee and
terminate the procedure for establishment of a proposed protected
area. If, upon completion of the procedure for establishment of a
proposed protected area, there remains an unexpended and
unencumbered balance of funds received by the department under
this section, such balance shall be refunded to the petitioners
through their designated attorney in fact.
(5) { - In making a determination pursuant to the authority
granted under ORS 561.520 (3) - } { + When determining whether
to amend or revoke a rule or order declaring a protected
area + }, the Director of Agriculture shall consider, among other
factors, the following:
(a) The agricultural and horticultural crops, wildlife or
forest industries to be affected and their locations.
(b) The topography and climate, including temperature, humidity
and prevailing winds, of the territory in which the proposed
protected area is situated.
(c) The characteristics and properties of pesticides used or
applied and proposed to be restricted or prohibited.
SECTION 28. ORS 634.216 is amended to read:
634.216. { - In addition to the filings of an order
establishing a protected area as required by ORS 561.530 (1), a
certified copy of such order shall be filed - } { + If the
Director of Agriculture declares a protected area under ORS
634.212, the copy of the rule or order that the director
files + } with the Secretary of State { - , - } { + must
be + } accompanied by a map of a scale of at least one inch per
mile { + . + } { - , which documents shall be maintained - }
{ + The Secretary of State shall maintain a copy of the rule or
order, and of the map, + } as a public record in the office of
the Secretary of State. Upon such required filings, the protected
area shall be deemed to be a governmental subdivision of the
state and a public body corporate.
SECTION 29. ORS 634.232 is amended to read:
634.232. (1) At any time after the establishment of a protected
area, the State Department of Agriculture at the request of the
area committee of such protected area, may establish a restricted
area in accordance with the provisions of ORS 561.510 to 561.590
governing the procedures for the declaration of quarantines
{ - , except the consent of the Governor shall not be
required - } .
(2) The request, referred to in subsection (1) of this section,
shall include the following:
(a) The description, including proposed boundaries, of the
territory proposed to be a restricted area.
(b) A concise statement of the need for the establishment of
the restricted area proposed.
(c) A concise statement of the pesticides and the times,
methods or rates of pesticide application to be restricted.
(3)(a) In considering the establishment of a restricted area
wherein herbicides are to be restricted, the outer boundaries of
such proposed restricted area shall not be in excess of 10
airline miles beyond the outer boundary of the protected area,
and if a restricted area wherein all other pesticides are to be
restricted shall not be in excess of one airline mile beyond the
outer boundary of the protected area.
(b) In considering the establishment of a restricted area, the
factors set forth in ORS 634.212 (5) shall be considered.
(c) ORS 634.216 shall apply to the establishment of a
restricted area, except that such restricted area shall be
governed and administered by the area committee of the protected
area, which committee shall have the same powers and duties set
forth in ORS 634.226 (2)(b), and except such restricted area
shall not be deemed to be a governmental subdivision of this
state as a public body corporate.
(d) In the event that a restricted area is established pursuant
to subsection (1) of this section, the area committee shall be
expanded to include one additional member who resides in the
restricted area, but outside of the protected area. The
additional member shall be elected in accordance with ORS
634.226.
SECTION 30. ORS 634.236 is amended to read:
634.236. (1) Upon receiving a petition of any 25 or more
landowners, representing at least 70 percent of the acres of
land, situated within a protected area, the State Department of
Agriculture may include additional adjacent territory in a
protected area or withdraw territory from a protected area. The
procedures to be followed by the department in considering such
petition shall be those set forth in ORS 561.510 to 561.590
governing the procedures for the declaration of quarantines
{ - , except that the consent of the Governor shall not be
required - } .
(2)(a) Upon receiving a petition of any 25 or more landowners,
representing at least 70 percent of the acres of land, situated
within two or more adjacent protected areas, the department may
consolidate such adjacent protected areas. The procedures shall
be the same as described in subsection (1) of this section.
(b) In the event of consolidation of protected areas, the
corporate existence and terms of office of the area committee
members of the preexisting protected areas shall terminate upon
the filing of the order described in ORS 634.216. ORS 634.216
applies to the newly consolidated protected area, and all rights,
powers, assets and duties of the several preexisting protected
areas shall be vested in, and assumed by the newly consolidated
protected area.
(c) The establishment, organization, duties and authority of
the area committee of the consolidated protected area shall be in
accordance with ORS 634.226.
SECTION 31. { + ORS 452.510, 452.520, 452.530, 452.540,
452.550, 452.560, 452.570, 452.580, 452.590, 561.520, 561.530,
561.550, 570.005, 570.196, 570.200, 570.370, 570.375, 570.407,
570.500 and 571.035 are repealed. + }
SECTION 32. { + Section 3 of this 2009 Act, the amendments to
ORS 195.308, 452.610, 452.615, 452.620, 452.625, 452.630,
452.990, 561.510, 561.560, 561.680, 561.990, 570.705, 570.990,
570.995, 571.063, 571.145, 634.212, 634.216, 634.232 and 634.236
by sections 11 to 30 of this 2009 Act and the repeal of ORS
452.510, 452.520, 452.530, 452.540, 452.550, 452.560, 452.570,
452.580, 452.590, 561.520, 561.530, 561.550, 570.005, 570.196,
570.200, 570.370, 570.375, 570.407, 570.500 and 571.035 by
section 31 of this 2009 Act do not affect the validity of any
quarantine, control area or protected area established before the
effective date of this 2009 Act or relieve a person from any
liability with respect to a contribution, tax fine, interest,
penalty or other liability, duty or obligation accruing under
those statutes before the effective date of this 2009 Act. + }
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