justicedao/ipfs_state_laws huggingface dataset:
603-052-1340 Permits (1) The Department may issue a permit allowing the possession or movement of a plant pest within this state only if 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 or upon conditions the Department may specify in any permit. (2) Person requesting a permit shall petition the Department in writing and include any additional information the Department determines is necessary for review of such application. (3) The Director of the Department of Agriculture retains the final authority to approve or deny special permit requests. Any action under a permit obtained from the Department shall be subject to any conditions or restrictions set forth in the permit. Permit conditions and restrictions may vary depending on the proposed action and its potential risk as determined by the Department. (4) Any permit holder who does not comply with the conditions of a permit issued by the Department may be deemed in violation of ORS 570.205 and 570.215 and these rules. Statutory/Other Authority: 570.210 & 570.215 Statutes/Other Implemented: ORS 570.215 History: DOA 19-2011, f. & cert. ef. 10-13-11
603-052-1350 Premises and Permit Accessible to Department Officials Department officials shall have access to the premises where the invertebrates are housed and to the permit during normal business hours. The permit holder must keep a copy of the permit until it expires, the invertebrates are no longer alive, or for one year after release if release is allowable under the permit. Statutory/Other Authority: 570.210 & 570.215 Statutes/Other Implemented: ORS 570.215 History: DOA 19-2011, f. & cert. ef. 10-13-11
603-052-1360 Violations (1) A plant pest, other than a plant pest possessed or moved in compliance with these rules is a public nuisance. (2) The Department may abate a public nuisance as described in ORS 570.105–570.190 including the summary processes described in 570.170 and 570.180. (3) Any and all invertebrates possessed or moved in violation of these rules must be returned immediately to the point of origin by the Oregon receiver. The owner or person possessing or moving invertebrates in violation of these rules shall return such invertebrates to the point of origin under the direction of the Department and at the expense of the possessor, owner, or agent of the owner. (4) If the owner or person possessing or moving invertebrates in violation of these rules fails to ship such invertebrates to the point of origin, or at the discretion of the Department, such invertebrates may be treated or destroyed under supervision of the Department at the expense of the possessor, owner, or agent of the owner. (5) As provided in ORS 570.225(3), the Department is not required to compensate a person for any loss incurred by the possessor, owner, or agent of the owner under these rules. Statutory/Other Authority: 570.210 & 570.215 Statutes/Other Implemented: ORS 570.215 History: DOA 19-2011, f. & cert. ef. 10-13-11
603-052-1370 Civil Penalties (1) In addition to any applicable fine or other penalty, the Department may impose a civil penalty not to exceed $10,000 if a person violates these rules or the conditions of a permit obtained from the Department pursuant to OAR 603-052-1340 above. See OAR 603-054-0070 for the civil penalty matrix. Statutory/Other Authority: 570.210 & 570.215 Statutes/Other Implemented: ORS 570.215 History: DOA 19-2011, f. & cert. ef. 10-13-11
603-052-1380 Invasive Species Council: Voting process, responsibilities and duties for Chair and Co-Chair (1) Each calendar year, the Invasive Species Council members shall convene a quorum and by a majority, vote to select a voting member of the council to serve as the Chairperson and another voting member to serve as the Vice Chairperson of the Oregon Invasive Species Council. (a) The term of office of each elected officer shall be for one calendar year with the term beginning January 1 of each year. (b) Before the expiration of a term, the voting members shall elect, by a majority of a quorum, successors to the Chairperson and the Vice Chairperson whose term begins on January 1 the following year. (c) The Chairperson and Vice Chairperson may not serve more than two successive terms. (d) If, for any reason, the position of Chairperson or Vice Chairperson becomes vacant, the voting members of the Council shall elect new officers by a majority of a quorum; the newly filled position will become immediately effective for the remainder of the term of the officer replaced. (2) The duties and powers of the Chairperson and Vice Chairperson are as follows. (a) The Chairperson may perform the duties, including but not limited to, selection of committee chairs, development of Council meeting agendas and facilitation of council meetings, oversight of the OISC Coordinator’s work, and guidance of council decision making. The Chairperson will also serve as the liaison to the Governor’s Natural Resource Office and Oregon Department of Agriculture, and represent the views and interests of the Council generally. The Chairperson’s duties also include reporting to the legislative assembly. (b) The Vice Chairperson may assist the Chairperson and fill in for the Chairperson as necessary. The Vice Chairperson will lead the Governance Committee, serve as the liaison to interested stakeholder groups, and oversee and track committee action items with assistance from the OISC Coordinator. Statutory/Other Authority: ORS 570.755, 570.800, ORS 570.810 & SB 445 (2019) Statutes/Other Implemented: ORS 570.810 & SB 445 (2019) History: DOA 8-2021, adopt filed 03/26/2021, effective 03/26/2021
603-052-1391 Quarantine: Importation of aquatic nursery stock infested with zebra mussels (1) Area under quarantine. All states, districts and territories of the United States. (2) Commodities covered. The aquatic nursery stock Aegagropila linnaei (moss balls), and any other aquatic nursery stock found to be infested with Dreissena polymorpha (zebra mussel). (3) Prohibitions. Aegagropila linnaei nursery stock or any other aquatic nursery stock found to be infested with Dreissena polymorpha (zebra mussel) are not eligible for sale or shipment into Oregon unless the following conditions are met: (a) Aegagropila linnaei or any other aquatic nursery stock may be imported to Oregon if accompanied by a certificate of quarantine compliance (CQC) stating that the Aegagropila linnaei nursery stock or any other aquatic nursery stock was “inspected and found free of zebra mussel, Dreissena polymorpha’ ; and (b) The CQC must be issued by an appropriate regulatory official within seven (7) days of shipment; and (c) The department is notified prior to the shipment as follows: (A) The shipper shall mail or e-mail documents including the CQC to Nursery Program, Plant Division, Oregon Department of Agriculture, 635 Capitol Street NE, Salem, Oregon 97301; e-mail: quarantine@oda.oregon.gov . For the purposes of this rule, unless the context requires otherwise, the shipper is the person who sells and ships moss balls into Oregon. (B) The notification shall list the type and quantity of plants, address of shipper, address of recipient, and contact numbers. (4) The department may require that shipments be held until inspected and released. (5) Aegagropila linnaei or any other aquatic nursery stock found to be in violation of this rule shall be destroyed, treated, or transported out-of-state. (6) Violation of Quarantine. Violation of this quarantine may result in civil penalties of up to $10,000 as provided by ORS 570.995. Statutory/Other Authority: ORS 570.305 & ORS 561.510 - 600 Statutes/Other Implemented: ORS 561.510 - 600, ORS 561.990, ORS 561.995 & ORS 185.335 History: DOA 28-2021, adopt filed 12/29/2021, effective 12/31/2021
603-052-3000 Purpose Cannabis may be lawfully cultivated in Oregon in a carefully controlled manner consistent with the laws of this state. However, cannabis if not carefully cultivated or controlled may lead to cannabis plants becoming quickly established in areas of private or public lands that are not permissible production areas. Volunteer cannabis may become uncontrolled cannabis and may spread rapidly on state, county and federally owned lands, as well as on property in individual ownership and so may constitute a menace to the agricultural and horticultural industries of this state. Statutory/Other Authority: ORS 561.190 & ORS 570.405 Statutes/Other Implemented: ORS 570.405-570.415 & ORS 570.995 History: DOA 1-2023, adopt filed 01/23/2023, effective 01/23/2023
603-052-3010 Applicability (1) The responsibility for the eradication and control of uncontrolled cannabis rests on cannabis producers, individual landowners and operators and any other persons who may be responsible for the establishment or spread of uncontrolled cannabis. (2) Nothing in these rules exempts any person from complying with any other applicable laws. Statutory/Other Authority: ORS 561.190 & ORS 570.405 Statutes/Other Implemented: ORS 570.405-570.415 & ORS 570.995 History: DOA 1-2023, adopt filed 01/23/2023, effective 01/23/2023
603-052-3020 Definitions (1) “Cannabis” means the whole plant and seeds of the plant genus Cannabis within the plant family Cannabaceae including marijuana and industrial hemp that is growing on any lands within Oregon. (2) “Cannabis producer” means a person lawfully cultivating cannabis. (3) “Department” means the Oregon Department of Agriculture. (4) “Eradicate” or “eradication” means the destruction of uncontrolled cannabis by lawful means. (5) “Field” means a licensed or registered production area where Cannabis is planted directly into the ground. A field may include one or more contiguous plots of land managed as a single unit. These plots may be separated by an unimproved farm road, ditch, or hedgerow. (6) “Industrial hemp” means all parts of a growing cannabis plant that contains an average tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry weight basis. (7) “Marijuana” means all parts of a growing cannabis plant that does not include industrial hemp. (8) “Past occurrence of a violation” means a notice of violation or notice of civil penalties that is final by operation of law, or a stipulated agreement resolving a violation, for the same or a similar type of violation issued within the preceding five years. It includes a notice for the same or a similar type of violation that is the subject of a pending appeal. It does not include a notice that has been withdrawn or successfully appealed. (9) “Permissible production area” means: (a) An area where cannabis may be cultivated pursuant to a valid license issued by the Oregon Liquor and Cannabis Commission under ORS 475C.065; (b) An area where cannabis may be cultivated pursuant to a valid license issued by the Oregon Department of Agriculture under ORS 571.281; (c) An area where cannabis may be cultivated pursuant to a valid registration issued by the Oregon Health Authority under ORS 475C.792; and (d) An area where cannabis may be cultivated pursuant to ORS 475C.305 and does not exceed four plants at a household. (10) “Person” includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. (11) “Uncontrolled cannabis” means any volunteer or uncultivated cannabis plants growing at any life stage and growing outside of a permissible production area. (12) “Volunteer cannabis plants” means plants in the genus Cannabis derived from seeds or plant parts that propagate or otherwise remain on a field that was previously planted with cannabis after cannabis cultivation no longer occurs on that field. Statutory/Other Authority: ORS 561.190 & ORS 570.405 Statutes/Other Implemented: ORS 570.405-570-415 & ORS 570.995 History: DOA 1-2023, adopt filed 01/23/2023, effective 01/23/2023
603-053-0100 Fees and Charges for Hop Sampling and Analytical Services The following fees and charges are established for hop sampling and analytical services: (1) Lot inspection — $1.25 per bale (Minimum Charge — $35 per lot); (2) 17¢ per bale additional for brewers value; (3) Supplemental Certificate — $6 per certificate. Statutory/Other Authority: ORS 561.190, 570.450, 632 & 633 Statutes/Other Implemented: ORS 632.940 & 632.945 History: AD 15-1991, f. & cert. ef. 9-10-91 AD 14-1986, f. & ef. 10-27-86 AD 11-1981, f. & ef. 7-6-81 AD 1100(21-76), f. & ef. 7-20-76 AD 455, f. 7-14-53, ef. 7-27-53
603-053-0250 Inspection Fees for Certification Program Services The following fees and charges are established for inspection, reporting and certification of horticultural and agricultural products and processes. Fees will be established in an amount reasonably necessary to cover the cost of providing services and administration in the Certification Program pursuant to ORS 632.940. Certification and third- party audit services will be provided on a first come, first served basis as qualified auditing staff is available. These include: (1) USDA National Organic Program (NOP) certification, (a) Annual application fees for USDA National Organic Program (NOP) certification at $1,000 for first-time applicants and $750 for renewal applications; and (b) A charge for a minimum of four hours of inspection service at a rate of $108 per hour; (c) Travel time at the rate of $108 per hour; (d) Mileage, lodging and per diem reimbursed at rates established by the Department of Administrative Services; (2) USDA Good Agricultural Practices/Good Handling Practices (GAP/GHP), USDA Produce GAPs Harmonized Standard, (a) A charge for a minimum of four hours of inspection and administrative service at a rate of $171 per hour; (b) Travel time at the rate of $171 per hour; (c) Mileage, lodging and per diem reimbursed at rates established by the Department of Administrative Services. (3) Additional Audit Schemes, private standards, or determinations: When other inspection or special audit services are requested, then at the option of the Department the fees and/or hourly charges may be agreed upon by prior written contractual agreement between the applicant or applicants and the Department. In no case, however, shall such charges be less than is necessary to completely reimburse the Department for its total costs of furnishing such services. The provisions of this section supersede the other fee schedules and provisions relating thereto. (4) Overtime Charges: For all inspection, audit and certification services performed during the following times (which will be considered overtime), the regular inspection fees or hourly charges shall be charged at time and one-half for all time involved. Overtime charges shall be figured to the nearest one-half hour: (a) At any time on Saturdays or Sundays; and (b) At any time on any day which is declared by law to be a holiday for state employees. Statutory/Other Authority: ORS 561.190, ORS 632.940 & ORS 632.945 Statutes/Other Implemented: ORS 632.940 & ORS 632.945 History: DOA 22-2025, amend filed 09/25/2025, effective 10/01/2025 DOA 20-2024, amend filed 09/25/2024, effective 10/02/2024 DOA 42-2023, amend filed 11/27/2023, effective 11/27/2023 DOA 25-2023, amend filed 08/07/2023, effective 08/07/2023 DOA 3-2023, temporary amend filed 02/01/2023, effective 02/01/2023 through 07/30/2023 DOA 17-2021, amend filed 04/26/2021, effective 05/01/2021 DOA 16-2021, minor correction filed 04/26/2021, effective 04/26/2021 DOA 15-2021, amend filed 04/23/2021, effective 05/01/2021 DOA 18-2018, adopt filed 05/11/2018, effective 05/11/2018
603-053-0400 Definitions (1) “Department” means the Department of Agriculture of the State of Oregon. (2) “Director” means the Director of the Department of Agriculture. (3) “Shipping Point Inspection Program (SPI)” means the state and/or federal inspection program for fruits, vegetables and nuts. Statutory/Other Authority: ORS 561.190, 632.940 & 632.945 Statutes/Other Implemented: ORS 632.940 & 632.945 History: DOA 6-1999, f. & cert. ef. 4-26-99
603-053-0410 Purpose The Department will establish an advisory committee for the Shipping Point Inspection Program (SPI). The SPI Advisory Committee will represent a balanced cross section of the affected industries as well as a geographic representation across the state. The Committee’s primary role is to advise the Department on matters relating to the administration of the Shipping Point Inspection Program and may make recommendations concerning the inspection and certification services rendered by the Department. Statutory/Other Authority: ORS 561.190, 632.940 & 632.945 Statutes/Other Implemented: ORS 632.940 & 632.945 History: DOA 6-1999, f. & cert. ef. 4-26-99
603-053-0420 Committee Members The SPI Advisory Committee will consist of 13 members representing applicants of the SPI Program including growers, shippers, packers, and processors. Members shall be appointed by the Director. The term of each member will be three years from the date of appointment, except initial terms of one, two and three years will be used to stagger the terms of the Committee members. Vacancies in office will be filled by appointment for the unexpired term. Statutory/Other Authority: ORS 561.190, 632.940 & 632.945 Statutes/Other Implemented: ORS 632.940 & 632.945 History: DOA 22-2001, f. & cert. ef. 9-20-01 DOA 6-1999, f. & cert. ef. 4-26-99
603-053-0430 Officers and Ex Officio The Director or an official representative shall serve as ex-officio members without the right to vote. Statutory/Other Authority: ORS 561.190, 632.940 & 632.945 Statutes/Other Implemented: ORS 632.940 & 632.945 History: DOA 22-2001, f. & cert. ef. 9-20-01 DOA 6-1999, f. & cert. ef. 4-26-99
603-053-0440 Meetings The Committee will meet at the call of the Director or an official representative at least once annually. A majority of the members constitutes a quorum (7 members constitutes a quorum), a majority vote of the quorum at any meeting shall constitute an official action (a minimum of 4 members). Statutory/Other Authority: ORS 561.190, 632.940 & 632.945 Statutes/Other Implemented: ORS 632.940 & 632.945 History: DOA 22-2001, f. & cert. ef. 9-20-01 DOA 6-1999, f. & cert. ef. 4-26-99
603-053-0450 Travel and Miscellaneous Expenses Each member of the Committee, may, with the approval of the Director, be reimbursed for the actual and necessary expenses incurred in the performance of his or her official duties. However, members may not receive any consideration for serving on the Committee. The reimbursement shall be made at the rate established by the Department of Administrative Services. The Department will provide Committee members with the State of Oregon Travel Expense Detail Sheets to be completed within 60 days of incurred expenses. Statutory/Other Authority: ORS 561.190, 632.940 & 632.945 Statutes/Other Implemented: ORS 632.940 & 632.945 History: DOA 6-1999, f. & cert. ef. 4-26-99
603-054-0014 Definitions (1) “Annual sales” means annual gross dollar volume of sales of nursery stock within Oregon for the calendar year immediately proceeding the license year. (2) “Annual purchases” means annual gross dollar volume of purchases of nursery stock within Oregon for the calendar year immediately proceeding the license year. (3) “Collectors” means collectors of wild plants grown or kept for propagation or sale. Statutory/Other Authority: ORS 561 & 571 Statutes/Other Implemented: ORS 571.057 History: DOA 10-2016, f. & cert. ef. 4-29-16
603-054-0016 License Fees: Growers and Collectors (1) The license fee for nursery growers, other than greenhouse growers of herbaceous plants, and for collectors of native plants shall be as follows: If Annual Sales are — The license fee is: (a) Up to $20,000 = $148; (b) $20,001-$100,000 = $148 plus.00472 over $20,000; (c) $100,001-$200,000 = $526 plus.00437 over $100,000; (d) $200,001-$500,000 = $963 plus.00354 over $200,000; (e) $500,001-$2,000,000 = $2,025 plus.00212 over $500,000; (f) $2,000,001 & above = $5,205 plus.00061 over $2,000,000; (g) Maximum Fee = $25,000. (2) In addition to the annual license fee above, there will be a research assessment equal to .0002 of annual sales. The minimum research assessment is $10. (3) In addition to the annual license fee (1) and research assessment fee (2) above, there will be an assessment for the Plant Pest and Disease Emergency Response Fund. The assessment will be adjusted annually to maintain a fund balance of $250,000 and will be prorated among all licensees based on annual sales or purchases from the previous year. (4) An applicant for an original license or for a renewal license, without a full calendar year of prior nursery stock sales or purchase experience upon which to base the fees, must follow the licensing process found in ORS 571.057(2). Statutory/Other Authority: ORS 561 & 571 Statutes/Other Implemented: ORS 571.057 History: DOA 10-2016, f. & cert. ef. 4-29-16 DOA 6-2014, f. & cert. ef. 5-1-14 DOA 13-2008, f. & cert. ef. 4-15-08 DOA 3-2008, f. & cert. ef. 1-7-08 DOA 9-2006, f. & cert. ef. 3-22-06 DOA 2-2003, f. & cert. ef. 1-7-03 AD 13-1997, f. & cert. ef. 7-31-97 Reverted to AD 8-1986, f. & ef. 5-22-86 AD 11-1995(Temp), f. & cert. ef. 6-14-95 AD 8-1986, f. & ef. 5-22-86
603-054-0017 License Fees: Greenhouse Growers of Herbaceous Plants (1) The license fee for greenhouse growers of herbaceous plants shall be as follows: If Annual Sales are — The license fee is: (a) Up to $20,000 = $148; (b) $20,001-$100,000 = $148 plus .00173 over $20,000; (c) 100,001-$200,000 = $286 plus .00140 over $100,000; (d) $200,001-$500,000 = $426 plus .00069 over $200,000; (e) $500,001-$2,000,000 = $633 plus .00062 over $500,000; (f) $2,000,001 & above = $1,563 plus.00056 over $2,000,000; (g) Maximum Fee = $25,000. (2) In addition to the annual license fee above, there will be a research assessment equal to .0002 of annual sales. The minimum research assessment is $10. (3) In addition to the annual license fee (1) and research assessment fee (2) above, there will be an assessment for the Plant Pest and Disease Emergency Response Fund. The assessment will be adjusted annually to maintain a fund balance of $250,000 and will be prorated among all licensees based on annual sales or purchases from the previous year. (4) An applicant for an original license or for a renewal license, without a full calendar year of prior nursery stock sales or purchase experience upon which to base the fees, must follow the licensing process found in ORS 571.057(2). Statutory/Other Authority: ORS 561 & 571 Statutes/Other Implemented: ORS 571.057 History: DOA 10-2016, f. & cert. ef. 4-29-16 DOA 6-2014, f. & cert. ef. 5-1-14 DOA 13-2008, f. & cert. ef. 4-15-08 DOA 3-2008, f. & cert. ef. 1-7-08 DOA 9-2006, f. & cert. ef. 3-22-06 DOA 2-2003, f. & cert. ef. 1-7-03 AD 13-1997, f. & cert. ef. 7-31-97 Reverted to AD 8-1986, f. & ef. 5-22-86 AD 11-1995(Temp), f. & cert. ef. 6-14-95 AD 8-1986, f. & ef. 5-22-86