Chapter 570 — Plant
Pest and Disease Control; Invasive Species
2011 EDITION
PLANT PESTS AND DISEASES; INVASIVE
SPECIES
AGRICULTURE
COUNTY HORTICULTURAL INSPECTORS
570.010 County
horticultural inspectors; appointment; term; powers and duties
570.015 Deputy
inspectors
570.020 Inspectors
may enter premises
570.025 Instruction,
education and supervision of inspectors; reports
570.030 Compensation
of inspectors; office supplies; clerical help
570.035 Appeals
from inspectors’ decisions
570.040 Inspection
where inspector unavailable
570.045 Assistance
of employees of common carriers in locating horticultural articles; refusal or
neglect is misdemeanor
570.050 Cooperation
of peace officers in enforcing quarantines
INSPECTION AND QUARANTINE GENERALLY; ABATEMENT
OF NUISANCES
570.105 Definitions
for ORS 570.110 to 570.190
570.110 Inspections
and visitations by director and deputies
570.115 Quarantine
establishment; revocation
570.120 Quarantine
powers exercised only in emergencies
570.125 Inspector
of outgoing shipments
570.130 Shipments
marked to indicate place of origin; must be free from pests and disease
570.135 Premises
may be entered for inspection
570.140 Infested
or infected shipment; notice to shipper
570.145 Procedure
when infested or infected shipment can be separated
570.150 Procedure
when infested or infected shipment can be treated
570.155 Disposition
of shipment when neither separated nor treated
570.160 Procedure
when shipment is sound, but from infected or infested area
570.165 Service
and sufficiency of notices provided for in ORS 570.140 to 570.165
570.170 Department
to make inspections; infected or infested matter declared public nuisance
570.175 Procedure
for abatement of public nuisance
570.180 Summary
abatement of nuisance
570.185 Application
of ORS 570.170 to 570.180 limited
570.190 Notices;
manner of service; persons authorized to make service; reputed owner considered
owner
PLANT PESTS
570.205 Definitions
for ORS 570.210 to 570.225
570.210 Control
of plant pests not subject to quarantine; rules
570.215 Prohibition
against movement of plant pests; permits; rules
570.220 Research
regarding plant pests
570.225 Public
nuisances; abatement; compensation
PROTECTIVE MEASURES AGAINST SPREAD OF
DISEASE AND PESTS
570.305 Department
officials to prevent introduction of pests and diseases
570.310 Cooperation
with interested groups and agencies
570.320 Horticultural
inspectors to prevent introduction of diseased matter into state
570.325 Collaboration
with federal department
570.330 Containers
and wrappers to be labeled
570.335 Prunings
and cuttings to be burned
570.345 Spraying
or destroying infested or infected matter; notice; “infested” and “infected”
defined
570.350 Traffic
in infested fruit prohibited; seizure; failure of owner to show fruit; sale to
canneries and factories permitted
570.355 Packing
or delivery for shipment of infected fruit is misdemeanor; manufacture into
by-product permitted
570.360 Department
to present evidence of violations; prosecution in justice court
CONTROL AREAS
570.405 Department
may establish control areas; limitations
570.410 Violation
of order prohibited
570.412 Making
contracts and receiving funds to carry out control order
570.415 Revocation
of control area order
570.420 Cherry
fruit fly control area inspector; appointment; duty; pay
570.425 Inspector
has access to land in area; refusal to comply with control area order
570.430 Procedure
for collection of expenses incurred by inspector
570.435 Expenses
to be paid by county
570.450 Rapeseed
control areas
INTERSTATE COMPACT ON PEST CONTROL
570.650 Interstate
Compact on Pest Control
570.655 Meaning
of “executive head”
570.660 Cooperation
of state agencies with Insurance Fund
570.665 Insurance
Fund bylaws to be filed with State Department of Agriculture
570.670 Compact
administrator
570.675 Application
for assistance
570.680 Credit
of expenditure to department account
IMPORTED TIMBER PRODUCTS INSPECTION
PROGRAM
570.700 Definitions
for ORS 570.700 to 570.710
570.705 Legislative
findings; timber product inspection; assessment of costs
570.710 Fee
for timber products health program
FIREWOOD
570.720 Firewood
sources; treatment; transportation; supply; sales; rules
INVASIVE SPECIES COUNCIL
570.750 Legislative
findings
570.755 Definition
of invasive species; Invasive Species Council duties
570.770 Invasive
Species Council; membership; terms
570.775 Officers;
quorum; schedule
570.780 Invasive
Species Coordinator; administrative expenses of Invasive Species Council
570.790 Advisory
and technical committees
570.800 Invasive
Species Council Account; trust account
570.810 Invasive
Species Control Account; control effort funding; reimbursement of
administrative expenses
PENALTIES
570.990 Penalties
570.995 Civil
penalties for quarantine or control area order violations
570.997 Civil
penalties for plant pest control or movement violation
570.998 Civil
penalty for firewood violation
570.005
[Repealed by 2009 c.98 §31]
COUNTY
HORTICULTURAL INSPECTORS
570.010 County horticultural inspectors;
appointment; term; powers and duties. (1) Upon
petition of not less than 25 resident fruit growers of any county of this
state, the county court of such county may, subject to the approval of the
Director of Agriculture, appoint a county horticultural inspector, whose duties
are:
(a)
To inspect orchards, nurseries, trees, shrubs, vines, fruits, vegetables,
plants, packing houses, warehouses, storerooms, farms and other places within
the county.
(b)
To visit and inspect the fruit drying and packing plants while such plants are
in operation.
(c)
To enforce the regulations required by the State Department of Agriculture
governing the handling, drying and packing of prunes, apples, loganberries or
other fruits evaporated and packed for human consumption.
(d)
To enforce all laws of the state relating to such insect pests and such
diseases as affect trees, vines, plants of any kind, or fruit or vegetables of
any kind and all other horticultural laws, rules and regulations of the state.
(2)
The county horticultural inspector shall hold office during the pleasure of the
county court. [Amended by 1971 c.397 §1]
570.015 Deputy inspectors.
Upon a petition of not less than 25 resident fruit growers of any county of
this state, the county court of such county may, subject to the approval of the
Director of Agriculture, appoint one or more deputy county horticultural
inspectors. Each deputy inspector shall hold office during the pleasure of the
county court and shall have and perform all the powers and duties of a county
horticultural inspector.
570.020 Inspectors may enter premises.
The county horticultural inspectors, deputy county horticultural inspectors and
all other persons authorized to enforce the horticultural and inspection laws
of Oregon are authorized and empowered to enter upon or into any premises,
land, buildings, enclosures or other places for the purpose of inspecting any
article which is subject to or may be subject to infestation with any insect
injurious to any article which grows upon or in or from the soil by processes
of plant growth, or the eggs, larvae or pupae of such insects or with any
disease injurious to any such article or articles and for the further purpose
of enforcing any of the laws of this state relating to horticultural quarantine
or horticultural inspection or the abatement of horticultural nuisances or any
other duties imposed by law upon such inspectors and other persons authorized
to enforce the inspection and horticultural laws of Oregon.
570.025 Instruction, education and
supervision of inspectors; reports. The State
Department of Agriculture shall instruct and educate the county and deputy
county horticultural inspectors as to the laws and quarantine regulations of
the state, and the rules and regulations of the department. The inspectors
shall perform their duties under the general supervision of the department, to
which they shall make reports in the manner prescribed by the department.
570.030 Compensation of inspectors; office
supplies; clerical help. (1) Each county horticultural
inspector and deputy inspector shall be paid for services by the county and
actual necessary expenses incurred in the performance of duties. The county
horticultural inspector and each deputy inspector shall report monthly to the
State Department of Agriculture the time for which the inspector or deputy
inspector is entitled to pay during the month for which such report is made,
and a statement of actual necessary expenses incurred in the performance of
duties as such inspector, and the department shall certify the report to the
county court before such compensation and expenses shall be paid.
(2)
The county court shall supply the county and deputy county horticultural
inspectors with such blanks, stationery, postage, equipment and clerical hire
as are needed in the performance of their official duties.
570.035 Appeals from inspectors’
decisions. The State Department of Agriculture
shall hear and promptly decide all appeals from the county or deputy county
horticultural inspectors. Its decisions shall have full force and effect until
set aside by the courts of the state. All appeals from inspectors to the
department shall be under the form and regulations prescribed by the
department.
570.040 Inspection where inspector
unavailable. If any county for any reason fails to
appoint a county horticultural inspector or if for any reason the inspector is
not available, the nearest inspector available may perform such services, and
the compensation of the inspector and the necessary expenses incurred in the
performance of duty shall be charged against the county where the service is
performed, as if the inspector had been appointed by the county court of such
county.
570.045 Assistance of employees of common
carriers in locating horticultural articles; refusal or neglect is misdemeanor.
All clerks, bookkeepers, express agents, railroad officials, employees, or
employees of common carriers shall render to the State Department of
Agriculture and its inspectors all assistance in their power in tracing,
finding or discovering the presence of any article named in the horticultural
laws. Any refusal or neglect on the part of said persons to render such
friendly aid to assist in the carrying out of ORS 564.020, 570.010 to 570.050,
570.125, 570.320, 570.335 to 570.360 is a misdemeanor.
570.050 Cooperation of peace officers in
enforcing quarantines. All peace officers in this state
shall enforce all quarantine measures promulgated by the United States
Department of Agriculture and the State Department of Agriculture.
570.055
[Repealed by 2011 c.597 §118]
INSPECTION AND QUARANTINE GENERALLY;
ABATEMENT OF NUISANCES
570.105 Definitions for ORS 570.110 to
570.190. As used in ORS 570.110 to 570.190,
unless the context requires otherwise, “nursery stock” includes all trees,
shrubs, vines, plants, cuttings, grafts, scions, buds, fruit pits, nuts and
other seeds of fruit, forest and ornamental trees and shrubs, both deciduous
and evergreen, grown for sale or propagation or planting or collected in the
wild, and all flowering bulbs, corms, roots, rooted herbaceous plants, or
cuttings used or to be used for ornamental purposes, or cut greenery either
cultivated or collected in the wild, used for ornamental purposes, but does not
include cut flowers, or such cut greenery as ferns, and foliage grown under
glass or other artificial covering.
570.110 Inspections and visitations by
director and deputies. The Director of Agriculture, and
such officers, employees and deputies as the director assigns to such duty,
shall visit the different parts of the state and shall see that all regulations
of the State Department of Agriculture and all provisions of law to prevent the
introduction or spread of fruit pests and diseases of trees or plants injurious
to the horticultural interests of the state are enforced. The director
forthwith shall, upon the complaint of interested parties, inspect or cause to
be inspected by some officer, employee or deputy of the department, orchards,
nurseries and other places suspected to be infested with fruit pests or
infected with diseases injurious to trees, plants or fruits.
570.115 Quarantine establishment;
revocation. (1) If upon report of any officer,
employee or deputy of the State Department of Agriculture, the Director of
Agriculture is of the opinion that any locality, district, orchard or place is
infested with fruit pests or infected with disease injurious to trees, plants
or fruits, and liable to spread to other orchards or localities to their damage
or injury so as to be a public danger, the director shall, by an order entered
in the records of the department, declare such place to be under quarantine.
The director shall give notice thereof by posting a notice in writing in a
conspicuous place upon the premises, specifying with convenient certainty what
place or premises are under quarantine regulations and by delivering a copy of
such notice to the owner or person in charge of the premises, if the owner or
person in charge may be found thereon. Such place thereafter shall be subject
to quarantine regulations of the department.
(2)
As soon as, in the opinion of the director the danger from such quarantine
locality has ceased, the director may revoke the quarantine.
570.120 Quarantine powers exercised only
in emergencies. The powers conferred in ORS
570.110 and 570.115 shall be exercised only in great and imminent danger to the
fruit interests of the state and with utmost caution and regard for the rights
of individuals affected, consistent with the safety and welfare of the fruit
interest of the whole state.
570.125 Inspector of outgoing shipments.
(1) Upon request of any nurseryman or tree dealer doing business within this
state, the Director of Agriculture may deputize a suitable person to inspect
outgoing shipments from such nurseryman or tree dealer. The nurseryman or tree
dealer shall pay the person so deputized for services while they are required
by such nurseryman or tree dealer.
(2)
In case the shipping business of any two or more nurserymen and tree dealers is
not in the aggregate more than one person can inspect properly and such group
makes satisfactory arrangements for payment of the person making such
inspection, the director may deputize a person to inspect the shipment of all
members of such group.
(3)
No person deputized by the director to inspect outgoing shipments of nursery
stock shall make any certificate concerning such shipments which is not true.
No person so deputized shall allow a certificate of inspection given by the
person to be attached to any tree, shrub, vine, plant, scion, bud, or box,
crate, bale, bundle or container of the same or of any of them unless the
person personally has inspected the articles and all of them immediately before
signing such certificate, which must be dated in writing at the time it is
signed.
(4)
The director may revoke deputization of any such person at any time if the
director believes such person is not properly doing the duty of the person.
570.130 Shipments marked to indicate place
of origin; must be free from pests and disease.
When any shipment of nursery stock, fruits, vegetables, seed, nuts or field
crops are brought into this state or shipped within the state they must have
attached to the container the required permits, tags or markings of the state
of origin, and must be free of injurious insect pests and diseases or their
eggs, larvae or pupae or other pests.
570.135 Premises may be entered for inspection.
The officers, employees, deputies and inspectors of the State Department of
Agriculture and the county horticultural inspectors and their deputies may
enter at any time into any car, warehouse, depot, or upon any ship within the
boundaries of this state, whether in the stream or at the dock, wharf, mole or
any other place where such nursery stock or fruit or vegetables or seed or
field crops or other such articles are received, or in which any of such
articles are imported into the state, for the purpose of making the
investigation or examination to ascertain whether such articles are infested
with any injurious insects or their eggs, larvae or pupae or other plant pests
or diseases.
570.140 Infested or infected shipment;
notice to shipper. When any shipment of nursery
stock, fruits, vegetables, seed, nuts or field crops are found upon inspection
to be infested with injurious insect pests or diseases or their eggs, larvae or
pupae or other plant pests, the inspector shall give notice to the shipper of
the pests or diseases found and the manner of disposition, as provided for in
ORS 570.145 to 570.165.
570.145 Procedure when infested or
infected shipment can be separated. When, in the
judgment of the inspector, materials not infested or infected can be separated
from the infested or infected article without danger of escape from such article
of the insects, their eggs, larvae or pupae, diseases or other plant pests and
the owner, person, firm or corporation having control or possession of such
articles desires to separate as instructed, the officer making the inspection
shall give permission in writing to make such separation within a specified
time and at the expense of the owner or responsible party who authorized the
separation and under the supervision of such official or some person authorized
by the inspector to exercise such supervision. Whenever the official who makes
such inspection has other official work awaiting and it appears that the time
required for separating and destroying such articles may exceed one hour, the
official may authorize and deputize some proper person to supervise the
separation of the infested or infected articles from the uninfested or
uninfected articles and the destruction of the infested and infected articles.
The person so authorized shall be paid by the owner or the party who authorized
the separation, or by both, for services while supervising the separation and
destruction of such articles.
570.150 Procedure when infested or
infected shipment can be treated. When, in the
judgment of the inspector, all or part of a shipment can be treated to
exterminate the plant pests or diseases, the owner or responsible agents of the
owner shall be so notified. The notice shall include the exact method and
materials to be used, and provide that all treatments shall be given under
direct supervision of an authorized inspector and shall be done at the expense
of the owner or the party who authorized such treatment or both.
570.155 Disposition of shipment when neither
separated nor treated. (1) When no provision is made by
the inspecting official for disposition by separation or treatment, the notice
provided for in ORS 570.140 will require that all condemned materials be
promptly shipped out of the state within a specified time, the limit of which
shall be not less than 48 hours nor more than 10 days, according to the nature
of the insects or diseases. The owner or person in charge thereof shall so ship
such articles, but such shipment shall be made under the direction of the
officer making the inspection and shall be at the expense of the owner or agent
of the owner.
(2)
If the owner or the agent of the owner fails to comply with the notice, the
articles shall be destroyed by the officer at the expense of the owner or
agent. In case the articles cannot be reshipped out of the state without danger
of escape of the pest or disease to the orchards, vineyards, farms, gardens,
ornamentals, and their products of Oregon, the articles shall immediately be
destroyed by the inspecting official or the person who has inspected the same
or under the direction of the official or person.
570.160 Procedure when shipment is sound,
but from infected or infested area. In case the
shipment, although apparently sound and not infested or infected by any pests,
is from an infested or infected district beyond the limits of this state, the
inspector shall notify the owner or person in charge thereof, and shall require
such owner or person to fumigate or sterilize such shipment, or to destroy or
to treat such shipment in the manner directed by the inspector and under the
supervision of the inspector or under the supervision of some person appointed
by the inspector for that purpose, or to return it to the point of origin or
ship out of the state.
570.165 Service and sufficiency of notices
provided for in ORS 570.140 to 570.165. Any notice
required by ORS 570.140 to 570.165 must be delivered in person or sent by mail
to the owner or person in charge of the infested or infected articles at the
last-known place of address of the owner or person in charge. A notice mailed
to the shipper or shippers of infested or infected articles at the return
address on any such shipment of infested or infected articles is considered
sufficient notice to the owner or owners thereof within the requirements of ORS
570.140 to 570.165. [Amended by 2005 c.22 §387]
570.170 Department to make inspections;
infected or infested matter declared public nuisance.
The State Department of Agriculture, whenever it deems it necessary, shall
cause an inspection to be made of any orchards, nurseries, trees, plants,
vegetables, vines or field crops or any fruit packing house, storeroom,
salesroom, or any other place or thing within this state. Any such places,
orchards, nurseries, trees, plants, shrubs, vegetables, vines, fruit or field
crops or articles found infested or infected with any insects, pests, diseases
or fungous growth or noxious weeds, or the seeds thereof, injurious to fruits,
plants, trees, vegetables or vines or grain, or other field crops, or with eggs
or larvae liable to spread to other places or localities, or of such nature as
to be a public danger, hereby are declared to be a public nuisance. The
department shall notify in writing the record owner, or owners, of such
articles, things or places that the same are so infested or infected.
570.175 Procedure for abatement of public
nuisance. (1) Whenever any public nuisance as
described in ORS 570.170 exists at any place in the state on property of any
owner upon whom notice has been served and who has failed or refused to abate
such nuisance within the time and in the manner specified in such notice, or
when any such nuisance exists on the property of a nonresident or on any
property the owner of which cannot be served with notice in the manner provided
in ORS 570.190, after diligent search within the county in which such nuisance
exists, the State Department of Agriculture shall make a report to the district
attorney of the county in which the nuisance exists, or if the nuisance exists
on property which lies in two or more counties, to the district attorney of any
of such counties, setting forth the description of the property upon which the
nuisance exists and naming the pest or other condition which renders such
property a nuisance. The district attorney shall prepare from such report and
any other available information a petition to the circuit court of the county,
signed in manner and form required for a complaint in a civil action, in which
the property or premises sought to be declared a nuisance shall be described
with reasonable certainty. The petition shall set forth the names of each
owner, encumbrancer or other person interested in such property or premises so
far as the same can be ascertained from the public records, and pray that the
court enter an order declaring such premises or property a public nuisance and
directing the abatement of such nuisance by destruction or otherwise.
(2)
Such action shall be brought in the name of the State of Oregon by the Director
of Agriculture in the official capacity of director and shall proceed as an
action not triable by right to a jury.
(3)
Service of summons shall be made in the manner provided for service of summons
in a civil action; provided, that where service is had by publication, the
period of publication required shall be shortened to once a week for two
consecutive weeks, and such service by publication is deemed complete upon the
expiration of 21 days from and after the date of the first publication of such
notice. The person or persons so served by publication shall appear and answer
within 31 days from the date of the first publication of such notice.
(4)
The court may, upon the application of any party, or upon its own motion, and
for reasonable cause, adjourn the proceedings from time to time, and may order
new or further notice to be given to any party whose interest may be affected.
(5)
At the time and place appointed for hearing the petition, or to which the
hearing may have been adjourned, if the court has satisfactory proof that all
parties interested in the property or premises have been duly served with
notice as prescribed in this section, and further satisfied by competent proof
that the conditions of such premises or property warrant its being declared a
public nuisance, it shall enter an order condemning such property as a public
nuisance and directing that the owner or other person ordered by the court
shall destroy such property or abate such nuisance in such other manner as the
court shall direct. If the nuisance is abated by any person other than the
owner, then in the order of the court directing the abatement of the nuisance
the court shall further order that an accurate account of the cost and expense
necessary to the abatement be kept and a report made to the court within five
days after the completion of the abatement of the nuisance. The report shall be
in writing, verified by the one making it and shall be served and filed as a
cost bill in a civil action. Objections to the statement, if any, shall be
made, served, filed and determined as objections to a cost bill in a civil
action. The judgment which orders the abatement of a nuisance shall also
provide that the owner or owners of the property upon which the nuisance exists
pay the expense of abating the nuisance, that it shall be a judgment lien on
the property prior to all other liens and, if not paid within 60 days after the
statement of expense is filed, execution may issue. [Amended by 1979 c.284 §174]
570.180 Summary abatement of nuisance.
Any authorized officer, employee or inspector of the State Department of
Agriculture may, in any case where an urgent emergency exists, abate any public
nuisance, as described in ORS 570.170, in a summary manner, doing as little
damage as possible to the things or premises on which or in which such nuisance
exists, with notice to the owner or owners sent by mail at or subsequent to the
time of such abatement.
570.185 Application of ORS 570.170 to
570.180 limited. The provisions of ORS 570.170 to
570.180 shall not be construed to apply to shipments of infested or infected
articles mentioned in ORS 570.135.
570.190 Notices; manner of service;
persons authorized to make service; reputed owner considered owner.
(1) All notices provided for in ORS 570.140 to 570.190 shall be served upon
each owner of such infected or infested premises or chattel, or upon the owner
of each, if such premises and chattel are under different ownership. Service
shall be made in the following manner:
(a)
If such owners are individuals and can with reasonable diligence be found
within the county where such infested or infected premises or chattel are, it
shall be served upon such owners, or at least one of them, personally, by
delivering a copy thereof certified to by the officer making the inspection.
(b)
If such owner is a corporation, by delivery of such certified copy to the
president or other head of the corporation, secretary, cashier or managing
agent, or in case none of the officers of such corporation can with reasonable
diligence be found within such county, then to any clerk or agent of such
corporation who may with reasonable diligence be found within such county; or
if no such officer is found, then by mailing such copy to the principal office
of such corporation or to any person authorized to accept legal service for
said corporation.
(c)
If such owner is a minor under the age of 14 years, to such minor’s father,
mother or guardian; or, if none is found within such county, then to any person
having the care or control of such minor, or with whom the minor resides, or in
whose service the minor is employed.
(d)
If such owner is a person judicially declared to be of unsound mind, or
incapable of conducting the affairs of the person, and for whom a guardian has
been appointed, on such guardian.
(e)
If any such owner is a resident of such county and personal service of such
notice cannot, with diligence, be had, it may be made on some person of the
family, above the age of 14 years, at the dwellinghouse or usual place of abode
of the owner.
(f)
In case such notice cannot with reasonable diligence be served as provided in
this section, such notice shall be posted by any person qualified to make
personal service thereof in a conspicuous place on the infected or infested
premises, or on the premises or conveyance containing the infected or infested
chattel.
(2)
Such notice may be served by any representative of the State Department of
Agriculture, or by a sheriff or deputies of the sheriff. The notice shall state
the spray to be used or the treatment to be applied for the eradication of
insect pests, their eggs, larvae, and contagious diseases and fungous growths.
The treatment may include the destruction of infested or infected articles, if
such destruction is necessary in the judgment of the person inspecting the same
under the authority conferred by law.
(3)
For the purposes of ORS 570.130 to 570.190 any reputed owner shall be
considered as the owner of any infected or infested premises or chattel.
570.195
[Repealed by 1961 c.394 §1 (570.196 enacted in lieu of 570.195)]
570.196 [1961
c.394 §2 (enacted in lieu of 570.195); repealed by 2009 c.98 §31]
570.200 [1961
c.394 §4; repealed by 2009 c.98 §31]
PLANT PESTS
570.205 Definitions for ORS 570.210 to
570.225. As used in ORS 570.210 to 570.225, “plant
pest” means:
(1)
A disease, microscopic organism, insect, nematode, arthropod, parasite or a
noxious weed as defined in ORS 569.175, 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. [2009
c.98 §4]
570.210 Control of plant pests not subject
to quarantine; rules. 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. [2009
c.98 §5]
570.215 Prohibition against movement of plant
pests; permits; rules. (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. [2009
c.98 §6]
570.220 Research regarding plant pests.
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. [2009
c.98 §7]
570.225 Public nuisances; abatement;
compensation. (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 ORS 570.215, 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. [2009 c.98 §8]
PROTECTIVE MEASURES AGAINST SPREAD OF
DISEASE AND PESTS
570.305 Department officials to prevent
introduction of pests and diseases. The Director
of Agriculture, and the chief of the division of plant industry, are authorized
and directed to use such methods as may be necessary to prevent the
introduction into the state of dangerous insect pests and plant diseases, and
to apply methods necessary to prevent the spread, and to establish control and
accomplish the eradication of such pests and diseases, which may seriously
endanger agricultural and horticultural interests of the state, which may be
established or may be introduced, whenever in their opinion such control or
eradication is possible and practicable.
570.310 Cooperation with interested groups
and agencies. (1) The Director of Agriculture, and
the chief of the division of plant industry, may cooperate with any group of
citizens, municipalities and counties in the state, Oregon State University,
the extension service, the Secretary of Agriculture of the United States, and such
agencies as the director designates to carry out the provisions of this section
and ORS 570.305.
(2)
The director, acting by and through the chief of the division of plant
industry, may in the discretion of the director, provide funds, labor, materials
and supplies for the purposes of this section and ORS 570.305.
570.320 Horticultural inspectors to
prevent introduction of diseased matter into state.
It is the special duty of all officers, employees and deputies to whom the duty
to act as horticultural inspectors is assigned, to inspect nursery stock,
trees, shrubs, plants, fruits, bulbs and vegetables and other articles
mentioned in ORS 570.320 to 570.330, coming from points within the state, and
to enforce the provisions of ORS 570.320 to 570.330 and all other horticultural
laws of the state relating thereto. Any such officer, employee or deputy of the
State Department of Agriculture also shall have all the duties, powers and
rights of a county horticultural inspector and are granted jurisdiction to act
throughout the state.
570.325 Collaboration with federal
department. The officers, employees and inspectors
of the State Department of Agriculture and county inspectors are authorized to
collaborate with the United States Department of Agriculture in all matters
relating to the inspection of nursery stock, plants, fruits, vegetables, bulbs,
seeds or other plant products shipped into this state from foreign countries or
from other states or territories.
570.330 Containers and wrappers to be
labeled. Each carload, case, box, package,
crate, bundle, or bale of trees, shrubs, plants, vines, cuttings, grafts,
scions, buds, fruit pits, fruit or vegetables imported or brought into this
state shall have plainly and legibly marked thereon in a conspicuous manner and
place, the name and address of the person, firm or corporation shipping the
same and the name and address of the consignee; also the name of the country,
state or territory where the contents were grown and must show that it contains
nursery stock, seedlings or seeds.
570.335 Prunings and cuttings to be
burned. No person, firm or corporation owning
or operating any nursery, fruit orchard of any kind, hopyards, flower gardens
or ornamental trees shall throw any cuttings or prunings or parts of any fruit
trees, nursery stock, ornamental trees, or hop vines into any public road,
highway, lane, field or other enclosure, or into any watercourse of any kind;
but shall destroy such cuttings or prunings or parts with fire within a
reasonable time, except when infested or infected with a contagious pest or
disease. Such infested or infected prunings, cuttings or parts shall
immediately be destroyed by fire.
570.345 Spraying or destroying infested or
infected matter; notice; “infested” and “infected” defined.
(1) Any person, firm or corporation owning or operating a nursery, a fruit
orchard, a hopyard, a flower garden or ornamental trees, and knowing the
nursery, fruit orchard, hopyard, flower garden or ornamental trees to be
infested or infected with any kind of insect pest or disease that is or may
become a menace to horticultural or farm crops, or on being served with a
written notice by the State Department of Agriculture that such nursery, fruit
orchard, hopyard, flower garden or ornamental trees are so infested or
infected, shall immediately spray or destroy the nursery, fruit orchard,
hopyard, flower garden or ornamental trees in such manner as the department
directs.
(2)(a)
“Infested” means when the adult, egg or larvae form of the insect is found in such
numbers as, in the opinion of the department, to be a menace to horticultural
or farm crops.
(b)
“Infected” means any appearance of a disease on such trees or plants that may
be a menace to horticultural or farm crops. [Amended by 2005 c.22 §388]
570.350 Traffic in infested fruit
prohibited; seizure; failure of owner to show fruit; sale to canneries and
factories permitted. (1) No person, firm or
corporation shall import into this state or transport within this state or sell
or offer for sale by displaying in stores, in or at fruit stands, or along
public highways or in any other manner within this state fruit of any kind
which is infested with any insect pest or is infested with any disease. The
fact that any fruit bears the marks of scale, insects or is worm eaten, or
bears the marks of a disease in excess of tolerances permitted by the State
Department of Agriculture is prima facie evidence that the fruit is infested or
infected within the meaning of this section.
(2)
When an inspector, or other authorized person of the department, making an
inspection of fruit finds that such fruit does not meet the requirements of
this section or of other sections of the law relating to such fruit, the
inspector or other authorized person shall place a seizure on such fruit and
immediately serve notice in writing of such seizure upon the owner or person
having possession. The owner or person having possession shall not sell or
dispose of the seized fruit or move the seized fruit from the place of location
provided for in the notice of seizure without written permission from the
inspector so to do. The failure of the person in possession of the seized fruit
to show such fruit in possession, or a written release signed by a proper
person authorized by the department so to do, is prima facie evidence that the
owner or person having possession of such fruit at time of seizure has violated
the provisions of this section.
(3)
In addition to the penalties provided for in ORS 570.990, fruit seized for
violation of this section shall be disposed of by court order or by consent of
the owner or person in possession; or when the infestation is such as to cause
immediate danger of spread of pests or diseases to orchard and farm crops
growing from or on the soil of Oregon, such fruit or fruits immediately shall
be destroyed by the inspector making the seizure or by other persons authorized
by the department, by burning or by other means that will completely eradicate
the pest or disease, and without compensation to the owner, agent or person in
possession of such fruit, where it appears beyond a reasonable doubt that the
infestation is such as will cause immediate spread of pests or diseases. Such
infested or infected fruit may be sold to evaporators, fruit canneries, fruit
product factories, or other by-product factories under the following
conditions:
(a)
Fruit so sold shall be used solely for the production of manufactured fruit
products, beverages or other manufactured products or by-products.
(b)
The nature of the infestation or infection is not such as to make the article
of food or beverage manufactured from such fruit unhealthful or unfit for use
as a food or beverage.
(c)
The sale of such fruit shall be subject to such grades and regulations as the
department adopts.
570.355 Packing or delivery for shipment
of infected fruit is misdemeanor; manufacture into by-product permitted.
Each person who packs or prepares for shipment to any point within the state,
or who delivers or causes to be delivered to any express agent or railroad
agent or other person or to any transportation company or corporation for
shipment to any point without the state, any fresh, cured or dried fruit
infected with insect pests or diseases injurious to trees, shrubs, plants,
fruits or vegetables is guilty of a misdemeanor. This section does not prevent
the grower of such infected fruit grown within this state from manufacturing
the same into a by-product or selling and shipping the same to a by-product
factory.
570.360 Department to present evidence of
violations; prosecution in justice court. The
State Department of Agriculture shall present evidence of violation of any
provision of ORS 564.020, 570.010 to 570.050, 570.125, 570.320, 570.335 to
570.355, and 632.490 to the district attorney for the county in which any such
violation may occur. Prosecution for such violation may be brought in any of
the justice courts of this state.
570.365
[Repealed by 2011 c.597 §118]
570.370
[Repealed by 2009 c.98 §31]
570.375
[Repealed by 2009 c.98 §31]
CONTROL AREAS
570.405 Department may establish control
areas; limitations. (1) The State Department of
Agriculture may establish, in accordance with the provisions governing the
procedure for the declaring of quarantines contained in ORS 561.510 to 561.590,
control areas within this state, if after careful investigation it determines
that such areas are necessary for the general protection of the horticultural,
agricultural or forest industries of the state from diseases, insects, animals
or noxious weeds or for the eradication or exclusion from such areas of certain
plants or their produce, trees, diseases, animals, insects or noxious weeds
that may be a menace to such areas and generally to horticultural, agricultural
or forestry industries. Whenever eastern filbert blight is found to exist, the
department may declare it a hazard and may establish a control area without
having to prove how the disease is transmitted.
(2)
The power and authority to establish such control areas and for the eradication
or exclusion of certain plants or their produce, trees, diseases, insects,
animals or noxious weeds existing therein or to be excluded therefrom shall be
exercised reasonably and justly considering the exigencies of the particular
situation, the danger to the interests sought to be protected and the immediate
and continuing effect upon the property and the owners of the property in the
areas established. Such powers shall in no case be exercised unreasonably,
unjustly or arbitrarily.
(3)
The department in such determination shall define the boundaries of the areas
and specify the character and kinds of plants or their produce, trees,
diseases, insects, animals or noxious weeds to be eradicated or excluded and
the manner and method of such eradication or exclusion. The provisions of ORS
561.510 to 561.590 apply to this section. [Amended by 1987 c.228 §1]
570.407 [1987
c.228 §3; repealed by 2009 c.98 §31]
570.410 Violation of order prohibited.
From and after the date an order creating a control area becomes finally
effective, no person shall violate, in whole or in part, any provision of such
order.
570.412 Making contracts and receiving
funds to carry out control order. The State
Department of Agriculture is authorized to contract with and to receive funds
from any person, including but not limited to, any governmental agency, county
or municipal corporation, for the purpose of carrying on such work as is
necessary in enforcing or carrying out the provisions of a control order. Any
unexpended funds paid into the department as provided by this section may be
returned to such person, governmental agency, county or municipal corporation.
Funds received under this section shall be deposited with the State Treasurer
and credited to the Department of Agriculture Account. Such funds are
continuously appropriated for the purpose of carrying out the purpose of the
contract and the control area order under which the money is paid. [1959 c.300 §2;
1967 c.637 §11]
570.415 Revocation of control area order.
The Director of Agriculture may, at any time the director believes such action
necessary, revoke any order concerning control areas made by the director by
giving notice in a newspaper published within or near the control area or lands
affected and filing proof thereof with the county clerk of the county.
570.420 Cherry fruit fly control area
inspector; appointment; duty; pay. The county
court or board of county commissioners of each county in which a control area,
or any part thereof, has been established for cherry fruit fly control
according to ORS 570.405, shall appoint a control area inspector for that
county upon the petition of 50 interested persons or 50 percent of the
interested persons, whichever is smaller, who are farm owners within the
county. The inspector shall work under the direction of and be responsible to
the State Department of Agriculture. The inspector shall carry out the
provisions of the control area order. The inspector shall be paid out of the
general funds of the county such wages as are fixed by the county court or
board of county commissioners.
570.425 Inspector has access to land in
area; refusal to comply with control area order.
(1) The control area inspector has access to the land within the control area
that is within the county for which the inspector was appointed.
(2)
In the event an owner or occupant of any land fails or refuses to treat the
trees, plants or their produce as provided by the control area order, the
inspector shall at once notify the appointing authority of such fact and they
shall authorize the inspector and such assistants as the inspector may employ
to go upon the land or premises and treat the trees, plants or their produce
thereon. The most effective and practical method as approved by the Director of
Agriculture shall be used.
570.430 Procedure for collection of expenses
incurred by inspector. (1) On the completion of the
work, the inspector shall file with the county clerk an itemized statement of
expenses necessarily incurred in the operation, including the wages of the
inspector for time spent therein, both on the preparation and completion of the
operation, verified by the oath of the inspector. When such statement is filed,
the county clerk shall cause the same to be entered upon a lien docket prepared
for that purpose. The amount of the expenses when so docketed shall constitute
a first lien upon such land and premises, except as to taxes. The county court
or board of county commissioners shall hear and promptly decide any objection
to the amount of expenses assessed.
(2)
If the expenses are not paid and the lien discharged by the owner or occupant
of the lands within 90 days from the date the lien is docketed, the county may
recover the expenses in an action at law. [Amended by 1991 c.459 §436]
570.435 Expenses to be paid by county.
If no objection has been filed, as authorized in ORS 570.430, within 10 days
from the date of filing and docketing the lien, the county court or board of
county commissioners shall pay out of the general funds of the county to the persons
to whom the expenses are owing the amount thereof.
570.450 Rapeseed control areas.
The State Department of Agriculture may establish control areas for the
production of rapeseed as provided in ORS 570.405. The department may appoint
advisory boards to advise and counsel the department on the boundaries of the
control areas, the type of rapeseed species and varieties which may be produced
in the various control areas and the enforcement of control area orders. [1989
c.287 §2]
570.500 [1999
c.472 §1; repealed by 2009 c.98 §31]
570.505
[Amended by 1985 c.621 §1; renumbered 569.350 in 2009]
570.510
[Amended by 1985 c.621 §2; renumbered 569.355 in 2009]
570.515
[Amended by 1985 c.621 §3; renumbered 569.360 in 2009]
570.520
[Amended by 1975 c.555 §12; renumbered 569.370 in 2009]
570.525
[Renumbered 569.375 in 2009]
570.530
[Amended by 2001 c.219 §1; renumbered 569.380 in 2009]
570.535
[Renumbered 569.390 in 2009]
570.540
[Renumbered 569.395 in 2009]
570.545
[Renumbered 569.400 in 2009]
570.550
[Amended by 1957 c.99 §1; 1985 c.621 §4; 1991 c.459 §437; renumbered 569.410 in
2009]
570.555
[Renumbered 569.415 in 2009]
570.560
[Renumbered 569.420 in 2009]
570.562 [1985
c.621 §5a; 1989 c.570 §1; renumbered 569.425 in 2009]
570.565 [Renumbered
569.435 in 2009]
570.570
[Renumbered 569.445 in 2009]
570.575
[Renumbered 569.450 in 2009]
570.580 [1975
c.555 §10; renumbered 569.470 in 2009]
570.585 [1975
c.555 §9; renumbered 569.475 in 2009]
570.590 [1975
c.555 §11; renumbered 569.480 in 2009]
570.595 [1975
c.555 §13; renumbered 569.490 in 2009]
570.600 [1975
c.555 §§14,15; renumbered 569.495 in 2009]
INTERSTATE COMPACT ON PEST CONTROL
570.650 Interstate Compact on Pest
Control. The Pest Control Compact is hereby
enacted into law in Oregon and entered into with all other jurisdictions
legally joining therein in the form substantially as follows:
______________________________________________________________________________
INTERSTATE
COMPACT ON
PEST CONTROL
ARTICLE I
Findings
The party states find that:
(a)
In the absence of the higher degree of cooperation among them possible under
this compact, the annual loss of approximately $10 billion from the
depredations of pests is virtually certain to continue, if not to increase.
(b)
Because of varying climatic, geographic and economic factors, each state may be
affected differently by particular species of pests; but all states share the
inability to protect themselves fully against those pests which present serious
dangers to them.
(c)
The migratory character of pest infestations makes it necessary for states both
adjacent to and distant from one another, to complement each other’s activities
when faced with conditions of infestation and reinfestation.
(d)
While every state is seriously affected by a substantial number of pests, and
every state is susceptible of infestation by many species of pests not now
causing damage to its crop and plant life and products, the fact that
relatively few species of pests present equal danger to or are of interest to
all states makes the establishment and operation of an Insurance Fund, from
which individual states may obtain financial support for pest control programs
of benefit to them in other states and to which they may contribute in accordance
with their relative interests, the most equitable means of financing
cooperative pest eradication and control programs.
ARTICLE II
Definitions
As
used in this compact, unless the context clearly requires a different
construction:
(a)
“State” means a state, territory or possession of the United States, the
District of Columbia, and the Commonwealth of Puerto Rico.
(b)
“Requesting state” means a state which invokes the procedures of the compact to
secure the undertaking or intensification of measures to control or eradicate
one or more pests within one or more other states.
(c)
“Responding state” means a state requested to undertake or intensify the
measures referred to in subdivision (b) of this Article.
(d)
“Pest” means any invertebrate animal, pathogen, parasitic plant or similar or
allied organism which can cause disease or damage in any crops, trees, shrubs,
grasses or other plants of substantial value.
(e)
“Insurance Fund” means the Pest Control Insurance Fund established pursuant to
this compact.
(f)
“Governing Board” means the administrators of this compact representing all of
the party states when such administrators are acting as a body in pursuance of
authority vested in them by this compact.
(g)
“Executive Committee” means the committee established pursuant to Article V (e)
of this compact.
ARTICLE III
The Insurance
Fund
There
is hereby established the Pest Control Insurance Fund for the purpose of
financing other than normal pest control operations which states may be called
upon to engage in pursuant to this compact. The Insurance Fund shall contain
moneys appropriated to it by the party states and any donations and grants
accepted by it. All appropriations, except as conditioned by the rights and
obligations of party states expressly set forth in this compact, shall be
unconditional and may not be restricted by the appropriating state to use in
the control of any specified pest or pests. Donations and grants may be
conditional or unconditional, provided that the Insurance Fund shall not accept
any donation or grant whose terms are inconsistent with any provision of this
compact.
ARTICLE IV
The Insurance
Fund, Internal
Operations and
Management
(a)
The Insurance Fund shall be administered by a Governing Board and Executive
Committee as hereinafter provided. The actions of the Governing Board and
Executive Committee pursuant to this compact shall be deemed the actions of the
Insurance Fund.
(b)
The members of the Governing Board shall be entitled to one vote each on such
board. No action of the Governing Board shall be binding unless taken at a
meeting at which a majority of the total number of votes on the Governing Board
are cast in favor thereof. Action of the Governing Board shall be only at a
meeting at which a majority of the members are present.
(c)
The Insurance Fund shall have a seal which may be employed as an official
symbol and which may be affixed to documents and otherwise used as the
Governing Board may provide.
(d)
The Governing Board shall elect annually, from among its members, a chairman, a
vice-chairman, a secretary and a treasurer. The chairman may not succeed self.
The Governing Board may appoint an executive director and fix the duties and
the compensation of the executive director, if any. Such executive director shall
serve at the pleasure of the Governing Board. The Governing Board shall make
provision for the bonding of such of the officers and employees of the
Insurance Fund as may be appropriate.
(e)
Irrespective of the civil service, personnel or other merit system laws of any
of the party states, the executive director, or if there be no executive
director, the chairman, in accordance with such procedures as the bylaws may
provide, shall appoint, remove or discharge such personnel as may be necessary
for the performance of the functions of the Insurance Fund and shall fix the
duties and compensation of such personnel. The Governing Board in its bylaws
shall provide for the personnel policies and programs of the Insurance Fund.
(f)
The Insurance Fund may borrow, accept or contract for the services of personnel
from any state, the United States or any other governmental agency, or from any
person, firm, association or corporation.
(g)
The Insurance Fund may accept for any of its purposes and functions under this compact
any and all donations, and grants of money, equipment, supplies, materials and
services, conditional or otherwise, from any state, the United States or any
other governmental agency, or from any person, firm, association or
corporation, and may receive, utilize and dispose of the same. Any donation,
gift or grant accepted by the Governing Board pursuant to this paragraph or
services borrowed pursuant to paragraph (f) of this Article shall be reported
in the annual report of the Insurance Fund. Such report shall include the
nature, amount and conditions, if any, of the donation, gift, grant or services
borrowed and the identity of the donor or lender.
(h)
The Governing Board shall adopt bylaws for the conduct of the business of the
Insurance Fund and shall have the power to amend and rescind these bylaws. The
Insurance Fund shall publish its bylaws in convenient form and shall file a
copy thereof and a copy of any amendment thereto with the appropriate agency or
officer in each of the party states.
(i)
The Insurance Fund annually shall make to the Governor and legislature of each
party state a report covering its activities for the preceding year. The
Insurance Fund may make such additional reports as it may deem desirable.
(j)
In addition to the powers and duties specifically authorized and imposed, the
Insurance Fund may do such other things as are necessary and incidental to the
conduct of its affairs pursuant to this compact.
ARTICLE V
Compact and
Insurance Fund
Administration
(a)
In each party state there shall be a compact administrator, who shall be
selected and serve in such manner as the laws of the state may provide, and who
shall:
1.
Assist in the coordination of activities pursuant to the compact in the state;
and
2.
Represent the state on the Governing Board of the Insurance Fund.
(b)
If the laws of the United States specifically so provide, or if administrative
provision is made therefor within the Federal Government, the United States may
be represented on the Governing Board of the Insurance Fund by not to exceed
three representatives. Any such representative or representatives of the United
States shall be appointed and serve in such manner as may be provided by or
pursuant to federal law, but no such representative shall have a vote on the
Governing Board or on the Executive Committee thereof.
(c)
The Governing Board shall meet at least once each year for the purpose of
determining policies and procedures in the administration of the Insurance Fund
and, consistent with the provisions of the compact, supervising and giving
direction to the expenditure of moneys from the Insurance Fund. Additional
meetings of the Governing Board shall be held on call of the chairman, the
Executive Committee, or a majority of the membership of the Governing Board.
(d)
At such times as it may be meeting, the Governing Board shall pass upon
applications for assistance from the Insurance Fund and authorize disbursements
therefrom. When the Governing Board is not in session, the Executive Committee
thereof shall act as agent of the Governing Board, with full authority to act
for it in passing upon such applications.
(e)
The Executive Committee shall be composed of the chairman of the Governing
Board and four additional members of the Governing Board chosen by it so that
there shall be one member representing each of four geographic groupings of
party states. The Governing Board shall make such geographic groupings. If
there is representation of the United States on the Governing Board, one such
representative may meet with the Executive Committee. The chairman of the
Governing Board shall be chairman of the Executive Committee. No action of the
Executive Committee shall be binding unless taken at a meeting at which at
least four members of such committee are present and vote in favor thereof.
Necessary expenses of each of the five members of the Executive Committee
incurred in attending meetings of such committee, when not held at the same
time and place as a meeting of the Governing Board, shall be charges against
the Insurance Fund.
ARTICLE VI
Assistance and
Reimbursement
(a)
Each party state pledges to each other party state that it will employ its best
efforts to eradicate, or control within the strictest practicable limits, any
and all pests. It is recognized that performance of this responsibility
involves:
1.
The maintenance of pest control and eradication activities of interstate
significance by a party state at a level that would be reasonable for its own
protection in the absence of this compact.
2.
The meeting of emergency outbreaks or infestations of interstate significance
to no less an extent than would have been done in the absence of this compact.
(b)
Whenever a party state is threatened by a pest not present within its borders
but present within another party state, or whenever a party state is
undertaking or engaged in activities for the control or eradication of a pest
or pests, and finds that such activities are or would be impracticable or
substantially more difficult of success by reason of failure of another party
state to cope with infestation or threatened infestation, that state may
request the Governing Board to authorize expenditures from the Insurance Fund
for eradication or control measures to be taken by one or more of such other party
states at a level sufficient to prevent, or to reduce to the greatest
practicable extent, infestation or reinfestation of the requesting state. Upon
such authorization the responding state or states shall take or increase such
eradication or control measures as may be warranted. A responding state shall
use moneys made available from the Insurance Fund expeditiously and efficiently
to assist in affording the protection requested.
(c)
In order to apply for expenditures from the Insurance Fund, a requesting state
shall submit the following in writing:
1.
A detailed statement of the circumstances which occasion the request for the
invoking of the compact.
2.
Evidence that the pest on account of whose eradication or control assistance is
requested constitutes a danger to an agricultural or forest crop, product,
tree, shrub, grass or other plant having a substantial value to the requesting
state.
3.
A statement of the extent of the present and projected program of the
requesting state and its subdivisions, including full information as to the
legal authority for the conduct of such program or programs and the
expenditures being made or budgeted therefor, in connection with the
eradication, control or prevention of introduction of the pest concerned.
4.
Proof that the expenditures being made or budgeted as detailed in item 3 do not
constitute a reduction of the effort for the control or eradication of the pest
concerned or, if there is a reduction, the reasons why the level of program
detailed in item 3 constitutes a normal level of pest control activity.
5.
A declaration as to whether, to the best of its knowledge and belief, the
conditions which in its view occasion the invoking of the compact in the
particular instance can be abated by a program undertaken with the aid of
moneys from the Insurance Fund in one year or less, or whether the request is
for an instalment in a program which is likely to continue for a longer period
of time.
6.
Such other information as the Governing Board may require consistent with the
provisions of this compact.
(d)
The Governing Board or Executive Committee shall give due notice of any meeting
at which an application for assistance from the Insurance Fund is to be
considered. Such notice shall be given to the compact administrator of each
party state and to such other officers and agencies as may be designated by the
laws of the party states. The requesting state and any other party state shall
be entitled to be represented and present evidence and argument at such meeting.
(e)
Upon the submission as required by paragraph (c) of this Article and such other
information as it may have or acquire, and upon determining that an expenditure
of funds is within the purposes of this compact and justified thereby, the
Governing Board or Executive Committee shall authorize support of the program.
The Governing Board or the Executive Committee may meet at any time or place
for the purpose of receiving and considering an application. Any and all
determinations of the Governing Board or Executive Committee, with respect to
an application, together with the reasons therefor shall be recorded and
subscribed in such manner as to show and preserve the votes of the individual
members thereof.
(f)
A requesting state which is dissatisfied with a determination of the Executive
Committee shall upon notice in writing given within 20 days of the
determination with which it is dissatisfied, be entitled to receive a review
thereof at the next meeting of the Governing Board. Determinations of the Executive
Committee shall be reviewable only by the Governing Board at one of its regular
meetings, or at a special meeting held in such manner as the Governing Board
may authorize.
(g)
Responding states required to undertake or increase measures pursuant to this
compact may receive moneys from the Insurance Fund, either at the time or times
when such state incurs expenditures on account of such measures, or as
reimbursement for expenses incurred and chargeable to the Insurance Fund. The
Governing Board shall adopt and, from time to time, may amend or revise
procedures for submission of claims upon it and for payment thereof.
(h)
Before authorizing the expenditure of moneys from the Insurance Fund pursuant
to an application of a requesting state, the Insurance Fund shall ascertain the
extent and nature of any timely assistance or participation which may be
available from the Federal Government and shall request the appropriate agency
or agencies of the Federal Government for such assistance and participation.
(i)
The Insurance Fund may negotiate and execute a memorandum of understanding or
other appropriate instrument defining the extent and degree of assistance or
participation between and among the Insurance Fund, cooperating federal
agencies, states and any other entities concerned.
ARTICLE VII
Advisory and
Technical
Committees
The
Governing Board may establish advisory and technical committees composed of
state, local and federal officials, and private persons to advise it with
respect to any one or more of its functions. Any such advisory or technical
committee, or any member or members thereof may meet with and participate in
its deliberations. Upon request of the Governing Board or Executive Committee
an advisory or technical committee may furnish information and recommendations
with respect to any application for assistance from the Insurance Fund being
considered by such board or committee and the board or committee may receive
and consider the same: Provided that any participant in a meeting of the Governing
Board or Executive Committee held pursuant to Article VI (d) of the compact
shall be entitled to know the substance of any such information and
recommendations, at the time of the meeting if made prior thereto or as a part
thereof, or, if made thereafter, no later than the time at which the Governing
Board or Executive Committee makes its disposition of the application.
ARTICLE VIII
Relations with
Nonparty
Jurisdictions
(a)
A party state may make application for assistance from the Insurance Fund in respect
of a pest in a nonparty state. Such application shall be considered and
disposed of by the Governing Board or Executive Committee in the same manner as
an application with respect to a pest within a party state, except as provided
in this Article.
(b)
At or in connection with any meeting of the Governing Board or Executive
Committee held pursuant to Article VI (d) of this compact a nonparty state
shall be entitled to appear, participate, and receive information only to such
extent as the Governing Board or Executive Committee may provide. A nonparty
state shall not be entitled to review of any determination made by the
Executive Committee.
(c)
The Governing Board or Executive Committee shall authorize expenditures from
the Insurance Fund to be made in a nonparty state only after determining that
the conditions in such state and the value of such expenditures to the party
states as a whole justify them. The Governing Board or Executive Committee may
set any conditions which it deems appropriate with respect to the expenditure
of moneys from the Insurance Fund in a nonparty state and may enter into such
agreement or agreements with nonparty states and other jurisdictions or
entities as it may deem necessary or appropriate to protect the interests of the
Insurance Fund with respect to expenditures and activities outside of party
states.
ARTICLE IX
Finance
(a)
The Insurance Fund shall submit to the executive head or designated officer or
officers of each party state a budget for the Insurance Fund for such period as
may be required by the laws of that party state for presentation to the
legislature thereof.
(b)
Each of the budgets shall contain specific recommendations of the amount or
amounts to be appropriated by each of the party states. The requests for
appropriations shall be apportioned among the party states as follows:
One-tenth of the total budget in equal shares and the remainder in proportion
to the value of agricultural and forest crops and products, excluding animals
and animal products, produced in each party state. In determining the value of
such crops and products the Insurance Fund may employ such source or sources of
information as in its judgment present the most equitable and accurate
comparisons among the party states. Each of the budgets and requests for
appropriations shall indicate the source or sources used in obtaining
information concerning value of products.
(c)
The financial assets of the Insurance Fund shall be maintained in two accounts
to be designated respectively as the “Operating Account” and the “Claims
Account.” The Operating Account shall consist only of those assets necessary
for the administration of the Insurance Fund during the next ensuing two-year
period. The Claims Account shall contain all moneys not included in the
Operating Account and shall not exceed the amount reasonably estimated to be
sufficient to pay all legitimate claims on the Insurance Fund for a period of
three years. At any time when the Claims Account has reached its maximum limit
or would reach its maximum limit by the addition of moneys requested for
appropriation by the party states, the Governing Board shall reduce its budget
requests on a pro rata basis in such manner as to keep the Claims Account
within such maximum limit. Any moneys in the Claims Account by virtue of
conditional donations, grants or gifts shall be included in calculations made
pursuant to this paragraph only to the extent that such moneys are available to
meet demands arising out of claims.
(d)
The Insurance Fund shall not pledge the credit of any party state. The
Insurance Fund may meet any of its obligations in whole or in part with moneys
available to it under Article IV (g) of this compact, provided that the
Governing Board takes specific action setting aside such moneys prior to
incurring any obligation to be met in whole or in part in such manner. Except
where the Insurance Fund makes use of moneys available to it under Article IV
(g) hereof, the Insurance Fund shall not incur any obligation prior to the
allotment of moneys by the party states adequate to meet the same.
(e)
The Insurance Fund shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Insurance Fund shall be
subject to the audit and accounting procedures established under its bylaws.
However, all receipts and disbursements of funds handled by the Insurance Fund
shall be audited yearly by a certified or licensed public accountant and a
report of the audit shall be included in and become part of the annual report
of the Insurance Fund.
(f)
The accounts of the Insurance Fund shall be open at any reasonable time for
inspection by duly authorized officers of the party states and by any persons
authorized by the Insurance Fund.
ARTICLE X
Entry into
Force and Withdrawal
(a)
This compact shall enter into force when enacted into law by any five or more
states. Thereafter, this compact shall become effective as to any other state
upon its enactment thereof.
(b)
Any party state may withdraw from this compact by enacting a statute repealing
the same, but no such withdrawal shall take effect until two years after the
executive head of the withdrawing state has given notice in writing of the
withdrawal to the executive heads of all other party states. No withdrawal
shall affect any liability already incurred by or chargeable to a party state
prior to the time of such withdrawal.
ARTICLE XI
Construction
and Severability
This
compact shall be liberally construed so as to effectuate the purposes thereof.
The provisions of this compact shall be severable and if any phrase, clause,
sentence or provision of this compact is declared to be contrary to the
constitution of any state or of the United States or the applicability thereof
to any government, agency, person or circumstance is held invalid, the validity
of the remainder of this compact and the applicability thereof to any
government, agency, person or circumstance shall not be affected thereby. If
this compact shall be held contrary to the constitution of any state
participating herein, the compact shall remain in full force and effect as to
the remaining party states and in full force and effect as to the state
affected as to all severable matters.
______________________________________________________________________________
[1981 c.699 §1]
570.655 Meaning of “executive head.”
As used in the compact (ORS 570.650), with reference to this state, the term “executive
head” shall mean the Director of Agriculture or a designated and appointed
representative. [1981 c.699 §7]
570.660 Cooperation of state agencies with
Insurance Fund. Consistent with law and within
available appropriations, the State Department of Agriculture and other
departments, agencies and officers of Oregon may cooperate with the Insurance
Fund established by the Pest Control Compact. [1981 c.699 §2]
570.665 Insurance Fund bylaws to be filed
with State Department of Agriculture. Pursuant to
Article IV (h) of the compact (ORS 570.650), copies of bylaws and amendments
thereto shall be filed with the State Department of Agriculture. [1981 c.699 §3]
570.670 Compact administrator.
The compact administrator for Oregon shall be the Director of Agriculture, or a
designated and appointed representative. The duties of the compact
administrator shall be deemed a regular part of the office. [1981 c.699 §4]
570.675 Application for assistance.
Within the meaning of Article VI (b) or Article VIII (a) (ORS 570.650), a
request or application for assistance from the Insurance Fund may be made by
the Director of Agriculture or a designated and appointed representative of the
director, whenever in the judgment of the director the conditions qualifying
this state for such assistance exist and it would be in the best interest of
this state to make such request. All such requests are subject to ORS 291.375. [1981
c.699 §5]
570.680 Credit of expenditure to
department account. The department, agency or
officer expending or becoming liable for an expenditure on account of a control
or eradication program undertaken or intensified pursuant to the compact shall
have credited to the account of the department, agency or officer in the State
Treasury the amount or amounts of any payments made to this state to defray the
cost of such program, or any part thereof, or as reimbursement thereof. [1981
c.699 §6]
IMPORTED TIMBER PRODUCTS INSPECTION
PROGRAM
570.700 Definitions for ORS 570.700 to
570.710. As used in ORS 570.700 to 570.710:
(1)
“Bone dry ton” means 2,000 pounds of wood chips dried to zero percent moisture.
(2)
“Imported” means from any source outside North America and includes those
states in Mexico not adjacent to the United States.
(3)
“Timber products” means any wood product, including, but not limited to,
finished lumber, rough cut lumber, cants, logs, wood chips, sawdust and wood
waste.
(4)
“Untreated” means not previously treated so as to completely eliminate external
and internal insect pests and plant pathogens. [1995 c.450 §2]
570.705 Legislative findings; timber
product inspection; assessment of costs. (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 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
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. [1995 c.450 §3; 2009 c.98 §22]
570.710 Fee for timber products health
program. (1) Each person who takes first
delivery in this state of imported, untreated timber products on or after July
1, 1995, within one month after taking delivery of such products, shall pay to
the State Department of Agriculture a timber products health program fee.
(2)
The department, by rule, shall establish a fee schedule as follows:
(a)
For wood chips, a fee of not more than 50 cents per bone dry ton.
(b)
For timber products in any form other than wood chips, not more than $5 per one
thousand board feet.
(3)
All moneys received by the State Department of Agriculture from the timber
products health program fee shall be paid into the State Treasury and credited
to the Department of Agriculture Service Fund. All such moneys are appropriated
continuously to the State Department of Agriculture to carry out the program
required by ORS 570.705. [1995 c.450 §4]
FIREWOOD
570.720 Firewood sources; treatment;
transportation; supply; sales; rules. (1) As used
in this section:
(a)
“Firewood” means whole or split pieces of wood that are:
(A)
Less than 48 inches in length; and
(B)
In a form commonly used for burning in campfires, stoves or fireplaces.
(b)
“Invasive species” has the meaning given that term in ORS 570.755.
(2)
A person may not transport into or within this state firewood for personal use
or sale at, or delivery to, a destination in this state unless:
(a)
The firewood is harvested from a source located in this state, Idaho or
Washington; or
(b)
The firewood has been treated in a manner prescribed by the State Department of
Agriculture.
(3)
A person may not sell firewood within this state unless:
(a)
The firewood is harvested from a source located in this state, Idaho or
Washington; or
(b)
The firewood is labeled as required by the department and the seller can
provide documentation that the firewood has been treated as prescribed by the
department.
(4)(a)
Persons that transport or supply firewood in this state for other than personal
use that is harvested from a source outside of this state, Idaho or Washington
shall maintain records, certificates or other documents as required by the
department. Persons that sell firewood in this state that is harvested from a
source outside of this state, Idaho or Washington shall maintain records,
certificates or other documents as required by the department.
(b)
The records, certificates or other documents of a person described in paragraph
(a) of this subsection that transports or supplies firewood in this state must
include, but need not be limited to, information regarding the source of the
firewood, any treatment of the firewood and the disposition of the firewood.
The records, certificates or other documents of a person described in paragraph
(a) of this subsection that sells firewood must include, but need not be
limited to, information regarding the source and supplier of the firewood. The
department shall adopt rules establishing the required retention time for the
records, certificates or documents.
(c)
The department may inspect the records, certificates and other documents
described in paragraph (b) of this subsection and the inventory and facilities
of a person that transports firewood or of a firewood supplier or seller at any
time during reasonable business hours and may take samples for purposes of
detecting invasive species.
(5)
In addition to any other requirement of this section, if firewood is harvested
from a source in an area of this state, Idaho or Washington that is subject to
a state or federal quarantine for the control of a plant disease or pest, any
harvesting, treating, transporting, supplying or selling of the firewood must
be performed in conformance with the quarantine.
(6)
The department shall adopt rules for carrying out this section. [2011 c.439 §1]
Note:
Section 3 (1), chapter 439, Oregon Laws 2011, provides:
Sec. 3. (1)
Section 1 of this 2011 Act [570.720] applies to the transportation into this
state or other supplying of firewood, and to the wholesale selling of firewood,
that occurs on or after January 1, 2013. Section 1 of this 2011 Act applies to
the selling of firewood that a retail seller acquires from a supplier or
wholesale seller on or after January 1, 2013. [2011 c.439 §3(1)]
INVASIVE SPECIES COUNCIL
570.750 Legislative findings.
The Legislative Assembly finds and declares that:
(1)
The land, waters and other natural resources of this state are severely
affected by an increasing number of invasions by harmful nonnative species;
(2)
Invasions by harmful nonnative species are damaging to the environment and
cause economic hardship within this state;
(3)
The Invasive Species Council is a leader for the conducting of a coordinated
and comprehensive effort to prevent the entry of invasive species into this
state and to eliminate, reduce and mitigate the effects of invasive species
present in this state;
(4)
The Invasive Species Council has a strong network of local, state, federal,
tribal and private entities that actively and cooperatively combat the threat
posed by harmful invasive species;
(5)
Rapid response and eradication are the most effective, least costly and most
feasible strategies for combating harmful invasive species and preventing
expansion by those invasive species;
(6)
Invasive species present a serious threat that adversely affects industries
vital to the economy of this state, including but not limited to the
agriculture, forestry, fishing and tourism industries;
(7)
Failure to eradicate or control new infestations and infections of invasive
species will reduce the productivity of industries in this state and adversely
affect marketing by those industries, resulting in a loss of business and the
loss of existing jobs; and
(8)
The eradication or control of new infestations or infections of invasive
species using funding provided through the Invasive Species Council will
benefit the economy of this state by preventing the loss of existing jobs, by
promoting and expanding business and by preventing the decline of business. [2009
c.825 §1]
570.755 Definition of invasive species;
Invasive Species Council duties. (1) As used
in this section, “invasive species” means nonnative organisms that cause
economic or environmental harm and are capable of spreading to new areas of the
state. “Invasive species” does not include humans, domestic livestock or
nonharmful exotic organisms.
(2)
The Invasive Species Council shall:
(a)
Create and maintain appropriate Internet sites, toll-free telephone numbers or
other means of communication for statewide use in reporting sightings of
invasive species.
(b)
Encourage the reporting of invasive species sightings by publicizing means of
communication made available by the council under paragraph (a) of this
subsection.
(c)
Forward reports of invasive species sightings to appropriate agencies.
(d)
Produce educational materials and press releases concerning invasive species.
(e)
Conduct educational meetings and conferences.
(f)
Develop a statewide plan for dealing with invasive species. The plan should
include, but need not be limited to, a review of state authority to prevent the
introduction of invasive species and to eradicate, contain or manage existing
invasive species.
(g)
Solicit proposals and review applications for grants or loans to further
projects providing education about invasive species.
(h)
Provide grants or loans to agencies, organizations or individuals for
eradicating new invasions.
(3)
The council may:
(a)
Approve the expenditure of funds by the council, or any member thereof, for the
production of educational materials or the presentation of educational
materials.
(b)
Enter into contracts and other agreements with persons, the federal government,
state governments and local governments or units of federal, state or local
governments or with Indian tribes, on matters pertaining to invasive species.
(c)
Adopt rules or perform other acts the council considers reasonable for carrying
out the powers, duties and functions of the council. [Formerly 561.685]
570.770 Invasive Species Council;
membership; terms. (1) The Invasive Species Council
is established within the State Department of Agriculture. Except as provided
in ORS 570.780 (1), the council shall consist of 15 members. The following
persons are voting ex officio members of the council:
(a)
The Director of Agriculture or a designated representative.
(b)
The president of Portland State University or a designated representative.
(c)
The State Fish and Wildlife Director or a designated representative.
(d)
The administrative head of the Sea Grant College of Oregon State University or
a designated representative.
(e)
The State Forester or a designated representative.
(f)
The Director of the Department of Environmental Quality or a designated
representative.
(2)
The voting ex officio members of the council described in subsection (1) of
this section shall collectively appoint nine members to the council.
(3)
The term of office of each appointed member is two years, but an appointed
member serves at the pleasure of the voting ex officio members of the council.
Before the expiration of a term, the voting ex officio members of the council
shall appoint a successor whose term begins on January 1 next following. An
appointed member may not serve more than two successive terms on the council.
If there is a vacancy in an appointed member position for any cause, the voting
ex officio members of the council shall make an appointment to become
immediately effective for the unexpired term.
(4)
In making appointments to the council, the voting ex officio members of the
council shall endeavor to appoint persons representative of the geographic,
cultural and economic diversity of this state. The voting ex officio members of
the council may give consideration to nominations submitted by federal and
state agencies, local governments, universities, industry and other groups
having an interest in invasive species.
(5)
An appointed member of the council is not entitled to compensation under ORS
292.495. A member of the council is not entitled to reimbursement for expenses.
At the discretion of the council, council members may be reimbursed from funds
available to the council for actual and necessary travel and other expenses
incurred by members of the council in the performance of their official duties,
subject to the limits described in ORS 292.495. [Formerly 561.687]
570.775 Officers; quorum; schedule.
(1) The Invasive Species Council shall select a voting ex officio member of the
council as chairperson and another voting ex officio member as vice
chairperson. Each voting ex officio member of the council shall serve one year
as chairperson and one year as vice chairperson during any five-year period.
The chairperson and vice chairperson shall have duties and powers necessary for
the performance of the functions of those offices as a majority of the voting
ex officio members determines.
(2)
A majority of the voting members of the council constitutes a quorum for the
transaction of business.
(3)
The council shall meet at times and places specified by the call of the
chairperson or of a majority of the voting members of the council. [Formerly
561.689]
570.780 Invasive Species Coordinator;
administrative expenses of Invasive Species Council.
(1) Subject to available funding, the Invasive Species Council may appoint a
State Invasive Species Coordinator to serve at the pleasure of the voting
members of the council. If the council appoints a coordinator, the coordinator
shall serve as a nonvoting ex officio member of the council.
(2)
The State Department of Agriculture is responsible for ensuring payment of the
administrative expenses of the council. The State Department of Agriculture may
enter into interagency agreements under ORS 190.110 with the State Department
of Fish and Wildlife, the State Forestry Department, the Department of
Environmental Quality, Portland State University and Oregon State University
for sharing the administrative expenses of the council.
(3)
The State Department of Agriculture shall act as the fiscal agent of the
council for purposes of:
(a)
Budgeting, interagency agreements for sharing administrative expenses or other
mechanisms for paying the administrative and other expenses of the council;
(b)
Drafting and processing contracts, other agreements, grant applications or
other documents;
(c)
Receiving gifts, grants, donations or other moneys on behalf of the council and
ensuring the appropriate crediting of those moneys to the Invasive Species
Council Account or the trust account described in ORS 570.800; and
(d)
Taking all reasonable actions to ensure the council is in compliance with state
financial administration laws. [Formerly 561.691]
570.790 Advisory and technical committees.
(1) The Invasive Species Council may establish advisory and technical
committees that it considers necessary to aid and advise the council in the
performance of its functions. The committees may be continuing or temporary
committees. The council shall determine the representation, membership, terms
and organization of the committees and appoint their members.
(2)
Members of the committees are not entitled to compensation, but at the
discretion of the council may be reimbursed from funds available to the council
for actual and necessary travel and other expenses incurred by members of the
committees in the performance of their official duties, subject to ORS 292.495.
[Formerly 561.693]
570.800 Invasive Species Council Account;
trust account. (1) The Invasive Species Council
Account is established in the General Fund of the State Treasury. Except as
provided under subsection (2) of this section, all moneys received by the
Invasive Species Council shall be paid into the State Treasury and credited to
the account. All moneys in the account are continuously appropriated to the
council and may be used by the council for purposes authorized by law,
including but not limited to providing grants or loans as described under ORS
570.755.
(2)
The Invasive Species Council may accept moneys through gifts, grants and
donations from public and private sources. The council shall deposit the gifts,
grants and donations with the State Treasurer for credit to a trust account
separate and distinct from the General Fund. Interest earned by the trust
account shall be credited to the trust account. Except as otherwise provided by
the donor, the council may use trust account moneys for any purpose described
in ORS 570.755. [Formerly 561.695]
570.810 Invasive Species Control Account;
control effort funding; reimbursement of administrative expenses.
(1) As used in this section, “invasive species” has the meaning given that term
in ORS 570.755.
(2)
The Invasive Species Control Account is established in the State Treasury,
separate and distinct from the General Fund. Interest earned by the Invasive
Species Control Account shall be credited to the account. Moneys in the account
are continuously appropriated to the Invasive Species Council for the purpose
of carrying out this section.
(3)
The Invasive Species Council may expend moneys from the account to provide
funding for efforts by agencies, organizations and individuals to eradicate or
control new infestations and infections of invasive species. The council shall
adopt criteria and procedures for the funding of efforts to eradicate or
control new infestations and infections of invasive species.
(4)
Invasive species eradication and control effort costs that may be funded from
the account include, but are not limited to, costs associated with:
(a)
Surveys to delimit areas infested or infected by invasive species;
(b)
Inspections;
(c)
Enforcement actions;
(d)
Diagnosis of infestation and infection problems;
(e)
Rapid response planning and coordination;
(f)
Administration;
(g)
Eradication or control of infestations and infections;
(h)
Treatment and disposal of infested or infected materials;
(i)
Cleaning and disinfecting of infested or infected premises or vessels; and
(j)
Payment of indemnity to owners of infested or infected materials destroyed
under an eradication or control program.
(5)
In addition to any costs described under subsection (4) of this section, if the
State Department of Agriculture pays an administrative expense of the council
related to the provision of funding from the account, account moneys may be
expended to reimburse that administrative expense in an amount equal to the
lesser of the actual expense paid by the department or 10 percent of the
funding that was provided from the account. [2009 c.825 §2]
570.850 [2009
c.764 §1; renumbered 830.587 in 2011]
570.855 [2009
c.764 §2; 2011 c.683 §1; renumbered 830.589 in 2011]
570.860 [2009
c.764 §3; renumbered 830.594 in 2011]
570.865 [2009
c.764 §4; renumbered 830.999 in 2011]
PENALTIES
570.990 Penalties.
Violation of a provision of ORS 570.010 to 570.050, 570.105 to 570.190,
570.215, 570.320 to 570.360 or 570.410 is a Class A violation. [Amended by 1955
c.166 §1; 1961 c.394 §5; 1985 c.621 §6; 1999 c.1051 §202; 2009 c.98 §23; 2011
c.9 §78; 2011 c.683 §2; subsections (2) and (3) renumbered 830.998 (1) and (2)
in 2011]
570.995 Civil penalties for quarantine or
control area order violations. (1) In
addition to any applicable fine under ORS 570.990 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 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.
(2)
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.
(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. [1999 c.390 §4; 2009 c.98 §24]
570.997 Civil penalties for plant pest
control or movement violation. (1) In
addition to any applicable fine under ORS 561.993 or 569.990 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 ORS 570.210; or
(b)
Violates the conditions of a permit described in ORS 570.215.
(2)
Each violation of a rule adopted under ORS 570.210 or of a condition of a
permit described in ORS 570.215 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. [2009
c.98 §10]
570.998 Civil penalty for firewood
violation. Violation of ORS 570.720 or a State
Department of Agriculture rule adopted under ORS 570.720 is punishable by a
civil penalty, not to exceed $10,000. The imposition of a civil penalty under
this section is subject to ORS 183.745. Any civil penalty recovered under this
section shall be deposited in the Invasive Species Control Account established
under ORS 570.810. [2011 c.439 §2]
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