justicedao/ipfs_state_laws huggingface dataset:
603-052-0190 Control by Spraying (1) All host trees including, but not limited to, those in commercial orchards and those on residential, public, and abandoned property within the control area which are in near proximity to commercial pear and apple orchards, shall be sprayed by the owner or person in possession thereof by using the agricultural chemicals at the rate, at the times and in the manner recommended by Oregon State University (whether by its own publications, approval of other publications, or otherwise). (2) In order to determine whether the Apple Maggot has infested any of the control area, and to determine the emergence dates of the adult Apple Maggot in the control area, the Department or its contractors may annually inspect any of the areas described in section (1) of this rule. Statutory/Other Authority: ORS 561 & 570 Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415 History: AD 17-1981, f. 7-24-81, ef. 8-7-81
603-052-0191 Inspection Procedures In order to determine whether the provisions of OAR 603-052-0190 have been complied with by the persons obligated to do so, the Department may inspect any field, orchard, residential property, public property, or abandoned property within the control area. If such person has been found to have failed, neglected, or refused to comply with the provisions of such rule, the Department may by written order delivered or mailed to the owner or person in possession, direct that the host plants or host trees be removed and destroyed in accordance with the provisions of OAR 603-052-0192. The Department may consult with any ad hoc plant pest control advisory committee established in the control area in order to ascertain whether adequate insect controls have been undertaken by particular persons and whether such persons have been advised of the necessity to control the described insects. Statutory/Other Authority: ORS 561 & 570 Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415 History: AD 17-1981, f. 7-24-81, ef. 8-7-81
603-052-0192 Control Procedures (1) The order of the Department referred to in OAR 603-052-0191 may direct that infested host plants or host trees be completely uprooted; cut off near the ground level and the stump immediately treated with an effective herbicide; or killed in place so as not to harbor insect pests. Additionally, the Department may direct that any subsequent sprouts or regrowth of such trees also be killed. (2) If it is determined that the order described in OAR 603-052-0191 has not been complied within five days after its issuance, the failure to so comply shall be deemed to be a violation of ORS 570.410 and subject the person to whom the order was directed to the penalty provisions of ORS 570.990. Statutory/Other Authority: ORS 561 & 570 Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415 History: AD 17-1981, f. 7-24-81, ef. 8-7-81
603-052-0260 Hood River Control Area: Insect Pests and Diseases in Fruit Trees A control area as authorized by ORS 570.405 to 570.415 is hereby created for the control of insects, pests and diseases related to, but not limited to, Apple scab, Pseudomonas blight, Coryneum blight, Fire blight, Codling Moth, Pear psylla, San Jose scale, Peach leaf curl, Twig borer, Shot hole borer, Apple Maggot and Oriental fruit moth within the boundaries of Hood River County, Oregon. Statutory/Other Authority: ORS 561 & 570 Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415 History: AD 14-1981, f. 7-24-81, ef. 8-7-81 AD 874(5-68), f. 4-1-68, ef. 4-15-68 AD 818(6-66), f. 4-12-66, ef. 4-27-66
603-052-0265 Definitions As used in OAR 603-052-0260 to 603-052-0280, unless the context requires otherwise: (1) “Disease Organisms” means the diseases Pseudomonas blight (Pseudomonas syringae), Coryneum blight (Coryneum carpophilum), Peach leaf curl (Taphrina deformans), Fire blight (Erwinia amylovora), and Apple scab (Venturia inaequalis). (2) “Host Plant” or “Host Tree” means Pear (Pyrus spp.), Quince (Cydonia spp.). Apple (Malus spp.), Peach (Prunus spp.), and Apricot (Prunus spp.), Hawthorn (Crataegus spp.), and may include other rosaceous hosts of Apple Maggot as deemed necessary by the Oregon Department of Agriculture. (3) “Insect” means Codling Moth (Cydia pomonella)(Linnaeus), Oriental Fruit Moth (Grapholitha molesta)(Busck), Pear psylla (Psylla pyricola)(Foerster), San Jose Scale (Diaspidiotus perniciosus)(Comstock), Shot Hole Borer (Scolytus rugulosus)(Müller), Apple Maggot (Rhagoletis pomonella)(Walsh) and Peach Twig Borer (Anarsia lineatella Zeller). Statutory/Other Authority: ORS 561 & 570 Statutes/Other Implemented: ORS 561.190, 561.510 –561.600, 570.305, 570.405 & 570.410 –570.415 History: DOA 11-2011, f. & cert. ef. 7-20-11 DOA 3-2009, f. & cert. ef. 2-13-09 DOA 16-2008, f. & cert. ef. 7-11-08 AD 14-1981, f. 7-24-81, ef. 8-7-81 AD 1106(27-76), f. & ef. 9-15-76 AD 874(5-68), f. 4-1-68, ef. 4-15-68 AD 818(6-66), f. 4-12-66, ef. 4-27-66
603-052-0270 Intent and Purpose It is the intent and purpose of OAR 603-052-0260 to 603-052-0290 of this order, in part and not limited to, to prevent the build-up and the spread of injurious plant and tree pests from tree to tree and orchard to orchard; particularly from areas not properly treated, or from areas untreated or abandoned, to commercial or semi-commercial trees. Statutory/Other Authority: ORS 570 Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415 History: AD 874(5-68), f. 4-1-68, ef. 4-15-68 AD 818(6-66), f. 4-12-66, ef. 4-27-66
603-052-0275 Control by Spraying (1) All host plants and host trees including, but not limited to, those in commercial orchards and those on residential, public, and abandoned property within the control area shall be sprayed by the owner or person in possession thereof by using the agricultural chemicals or pesticide formulations, at the rate, at the times, and in the manner recommended by Oregon State University (whether by its own publications, approval of other publications, or otherwise). (2) In order to determine whether the Apple Maggot has infested any of the control area, and to determine the emergence dates of the adult Apple Maggot in the control area the Department or its contractor may annually inspect any of the areas described in section (1) of this rule. Statutory/Other Authority: ORS 561 & 570 Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415 History: AD 14-1981, f. 7-24-81, ef. 8-7-81 AD 1106(27-76), f. & ef. 9-15-76 AD 874(5-68), f. 4-1-68, ef. 4-15-68 AD 818(6-66), f. 4-12-66, ef. 4-27-66
603-052-0280 Inspection and Control Procedures (1) In order to determine whether the provisions of OAR 603-052-0275 have been complied with by the persons obligated to do so, the Department may inspect any field, orchard, residential property, public property, or abandoned property within the control area. If such person has been found to have failed, neglected, or refused to comply with the provisions of such section, the Department may, by written order delivered or mailed to the owner or person in possession, direct that the host plants or host trees be removed and destroyed in accordance with the provisions of section (2) of this rule. (2) The only approved method for removal and destruction of host plants or host trees is as follows: (a) Digging out of the trees or plants and their complete root structures; or (b) Cutting down the trees or plants and thereafter treating the remaining stump and root systems thereof with an effective chemical to prevent their regrowth or resprouting. (3) If within five days after the issuance of the order described in section (1) of this rule it is determined that said order has not been complied with, such failure to comply shall be deemed to be a violation of ORS 570.410 and so subject the person to whom the order was directed to the penalty provisions of ORS 570.990. Statutory/Other Authority: ORS 561 & 570 Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415 History: AD 1106(27-76), f. & ef. 9-15-76 AD 874(5-68), f. 4-1-68, ef. 4-15-68 AD 818(6-66), f. 4-12-66, ef. 4-27-66
603-052-0360 Control Area: Onion Maggot — Malheur County (1) A control area is established within the boundaries of Malheur County for the protection of the onion industry by the eradication or control of the insect pest known as the onion maggot. This control area order is based on IPM principles first recognized and used by Malheur County growers in 1957. (2) The following methods of eradication and control are declared to be the proper methods used in this control area order: (a) All cull or waste onions in Malheur County shall be disposed of by a method approved by this control order prior to March 15 each year; for onions sorted after that date until July 1, the resulting cull and waste onions shall be disposed of within one week after such sorting; (b) Disposal of cull or waste onions shall be accomplished only as set forth below: (A) Disposal by covering in a dump site approved by the Oregon Department of Environmental Quality (DEQ). Culls and onion debris shall be dumped and covered by at least 12 inches of onion-free soil by March 15 each year; (B) Disposal by animal feeding. Culls and onion debris shall be completely removed from feeding areas by March 15 and buried under 12 inches of onion-free soil. Onions tramped into the soil so they cannot be removed shall be plowed to a depth of 12 inches; (C) Disposal by chopping or shredding. Chopped or shredded onion debris that is incapable of sprouting may be returned to the field at a tonnage rate no higher than the DEQ-approved rate of 80 tons per acre and plowed to a depth where no onion parts are exposed on the surface; (D) Composting. All onion debris shall be incorporated into the compost bed and completely covered by 12 inches of onion-free soil; (E) Disposal of residue in onion producing fields. Commercial onion fields where sort out bulbs are left at harvest shall be disked to destroy the bulbs and shall be plowed to a depth of at least 12 inches by March 15 each year. Seed bulbs shall be disposed of in the same manner following the last harvest. The owner of the field is ultimately responsible for compliance with this rule; (F) If inclement weather prevents plowing, the culls will be treated with an EPA-labeled insecticide currently listed in the PNW Insect Control Handbook at prescribed intervals until proper disposal occurs. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415 Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415 History: Reverted to DOA 3-2009, f. & cert. ef. 2-13-09 DOA 6-2017(Temp), f. & cert. ef. 2-17-17 thru 8-15-17 DOA 3-2009, f. & cert. ef. 2-13-09 DOA 7-2008, f. & cert. ef. 2-8-08 DOA 2-2007, f. & cert. ef. 1-30-07 DOA 1-2006, f. & cert. ef. 1-13-06 DOA 3-1999, f. & cert. ef. 1-29-99 AD 4-1995, f. & cert. ef. 4-5-95 AD 784(8-64), f. 4-29-64, ef. 5-15-64 AD 590, f. 9-10-58, ef. 9-28-58
603-052-0830 Commercial Potatoes Produced in Oregon to be Grown from “Certified Seed” (1) As authorized by ORS 570.405 to 570.435, a control area is established for the protection of the Oregon potato industry against the introduction and spread of serious bacterial, fungal, viral, and nematode diseases of potatoes. Such control area includes all of the state of Oregon. (2) The following methods of control are declared to be proper methods to be used in the control area described in section (1) of this rule: (a) All commercial potato plantings in Oregon in excess of one acre in size shall be propagated from “certified seed” only; (b) All Oregon potato growers shall be responsible for obtaining proper certification documents or tags to verify that all seed potatoes used for potato propagation comply with this rule. Such documents shall be retained by the grower for one calendar year and shall be provided to the Oregon Department of Agriculture upon written request for such documentation. Such documentation shall include the total weight of certified seed potatoes received by the grower in questions, and shall be issued only by a legal certifying agency in the state or country of origin. Falsification of seed potato certification documents shall be deemed to be in violation of ORS 570.410; (c) Oregon Department of Agriculture officials may sample any potato seed lot for the purpose of testing and verification of compliance with “certified seed” only standards. Such department official may enter any potato field for the purpose of conducting inspections which may be required to carry out this rule; (d) Definitions: “Certified seed” shall be limited to seed which meets those standards established for “certified seed” by the representing agency officially recognized by the state or country of origin. (3) Exceptions to the “certified seed” only requirement may be permitted by the Director of the Oregon Department of Agriculture when availability of “certified seed” does not allow compliance with this rule. Such exceptional permit shall be obtained prior to planting. Specific requirements may be stipulated in the Director’s permit. (4) Any violation of this rule shall be deemed to be a violation of ORS 570.410 and may subject the violator to the penalty provisions of 570.990. Statutory/Other Authority: ORS 561 & 570 Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415 History: AD 5-1990, f. & cert. ef. 3-19-90
603-052-0860 Brassicaceae Production Districts and Rapeseed Control Areas As provided in ORS 570.405 and 570.450, the Oregon Department of Agriculture may establish control areas for the production of Brassicaceae so as to protect against plant diseases, plant pests or other conditions as may constitute a menace to the horticultural, agricultural or forest industries of Oregon. The Department may also establish the conditions for the production of Brassicaceae including rapeseed, for the general protection of the horticultural, agricultural or forest industries of Oregon by excluding from established control areas Brassica spp. or rapeseed plants that if, not managed in accordance with these rules, may be a menace to such areas and generally to horticultural, agricultural or forest industries. Statutory/Other Authority: ORS 561.190, 570.405 & 570.450 Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405, 570.410 - 570.415 & 570.450 History: DOA 1-2015, f. & cert. ef. 1-13-15 DOA 11-2013, f. & cert. ef. 10-21-13 DOA 1-2013, f. & cert. ef. 2-6-13 Reverted to DOA 3-2010, f. & cert. ef. 1-21-10 DOA 24-2012(Temp), f. & cert. ef. 8-10-12 thru 1-31-13 DOA 3-2010, f. & cert. ef. 1-21-10 DOA 14-2009, f. & cert. ef. 9-16-09 DOA 18-2005, f. & cert. ef. 10-28-05 AD 19-1991, f. & cert. ef. 12-5-91 AD 7-1991(Temp), f. & cert. ef. 7-22-91 AD 19-1990, f. & cert. ef. 10-15-90
603-052-0861 General Production Area/Protected Districts The seeding and growing of Brassicaceae by any person for any purpose in the state of Oregon shall be subject to the regulations of the general production area and, if applicable, a protected district as described in these rules. Statutory/Other Authority: ORS 561.190, 561.510–561.600, 570.305, 570.405. 570.410–570.415, 570.450 & ORS 570.405 Statutes/Other Implemented: ORS 570.405–570.415 & 570.450 History: DOA 16-2019, amend filed 07/02/2019, effective 07/02/2019 DOA 1-2015, f. & cert. ef. 1-13-15 DOA 11-2013, f. & cert. ef. 10-21-13 DOA 1-2013, f. & cert. ef. 2-6-13
603-052-0880 Protected Districts; Prohibitions (1) Because the production of rapeseed crops requires special care and isolation, within the following protected districts, rapeseed with high or low erucic acid for oil production may be grown only as consistent with the rules for each protected district. No person may violate any provision of the rules governing each protected district . (2) The following are protected districts: (a) Willamette Valley Protected District; (b) Central Oregon Protected District; (c) Northeast Oregon Protected District; (d) Malheur/Idaho Protected District. Statutory/Other Authority: ORS 561.190, 561.510 - 561.600, 570.305, 570.405. 570.410 - 570.415 & 570.450 Statutes/Other Implemented: ORS 570.405 - 570.415 & 570.450 History: DOA 16-2019, amend filed 07/02/2019, effective 07/02/2019 DOA 1-2015, f. & cert. ef. 1-13-15 DOA 11-2013, f. & cert. ef. 10-21-13 DOA 1-2013, f. & cert. ef. 2-6-13 Reverted to DOA 3-2010, f. & cert. ef. 1-21-10 DOA 24-2012(Temp), f. & cert. ef. 8-10-12 thru 1-31-13 DOA 3-2010, f. & cert. ef. 1-21-10 DOA 14-2009, f. & cert. ef. 9-16-09 DOA 1-2008, f. & cert. ef. 1-7-08 DOA 18-2005, f. & cert. ef. 10-28-05 AD 19-1991, f. & cert. ef. 12-5-91 AD 7-1991(Temp), f. & cert. ef. 7-22-91 AD 19-1990, f. & cert. ef. 10-15-90
603-052-0884 Central Oregon Protected District (1) The following area is designated as the Central Oregon Protected Area: the entire counties of Crook, Deschutes and Jefferson. (2) Forage brassica and cover crop brassica may be grown but shall not be allowed to flower. (3) Rapeseed seed crops are prohibited in the Central Oregon Protected District except under Research Permit (see 603-052-0901(1)). All rapeseed grown under research permit must meet the following conditions: (a) Within the Central Oregon Protected District the required isolation distance shall be not less than three miles; (b) The location of all rapeseed fields must be recorded at the appropriate Oregon State University County Extension Office at least ten days prior to planting; (c) All planting, harvest, and transportation equipment shall be cleaned to prevent any inadvertant spread of rapeseed from the field; (d) All unbagged loads of rapeseed transported within the protected district must be in enclosed bins or in containers lined and covered in a manner to prevent seed loss; and (e) Any volunteer or uncontrolled rapeseed in or around production fields must be prevented from flowering by the producer. Statutory/Other Authority: ORS 561.190, 561.510 - 561.600, 570.305, 570.405. 570.410 - 570.415 & 570.450 Statutes/Other Implemented: ORS 570.405 - 570.415 & 570.450 History: DOA 35-2023, temporary amend filed 09/19/2023, effective 09/19/2023 through 03/16/2024 DOA 1-2015, f. & cert. ef. 1-13-15 DOA 11-2013, f. & cert. ef. 10-21-13 DOA 1-2013, f. & cert. ef. 2-6-13
603-052-0886 Northeast Oregon Protected District (1) The following area is designated as the Northeast Oregon Protected District: the entire counties of Baker, Union and Wallowa, except the following part of Wallowa County which is designated as a general production area: Township 4N, Range 43E; Township 4N, Range 44E; Township 4N, Range 45E; Township 5N, Range 43E; Township 5N, Range 44E; and Township 5N, Range 45E; and those portions of Township 6N, Range 43E; Township 6N, Range 44E; and Township 6N, Range 45E falling within the State of Oregon. (2) Forage brassica and cover crop brassica may be grown but shall not be allowed to flower. (3) Rapeseed seed crops are allowed in the Northeast Oregon Protected District subject to the following requirements: (a) Within the Northeast Oregon Protected District the required isolation distance from any crops with which rapeseed could cross-pollinate shall be not less than two miles; (b) The location of all rapeseed fields must be recorded at the appropriate Oregon State University County Extension Office at least ten days prior to planting; (c) All planting, harvest, and transportation equipment shall be cleaned to prevent any inadvertent spread of rapeseed from the field; (d) All unbagged loads of rapeseed transported through or within the protected district must be in enclosed bins or in containers lined and covered in a manner to prevent seed loss; and (e) Any volunteer or uncontrolled rapeseed in or around production fields must be prevented from flowering by the producer. Statutory/Other Authority: ORS 561.190, 561.510 - 561.600, 570.305, 570.405. 570.410 - 570.415 & 570.450 Statutes/Other Implemented: ORS 570.405 - 570.415 & 570.450 History: DOA 1-2015, f. & cert. ef. 1-13-15 DOA 11-2013, f. & cert. ef. 10-21-13 DOA 1-2013, f. & cert. ef. 2-6-13
603-052-0888 Malheur/Idaho Protected District (1) The following area is designated as the Malheur/Idaho Protected District: in Malheur County, a 3-mile wide strip of land along the Idaho border from the point where Payette County, Idaho's northern border intersects Malheur County's eastern border, south to the point where Highway 95 crosses the Oregon border. This strip of land borders Idaho's rapeseed production district IV (IDAPA 02.06.13) where rapeseed production is prohibited. The rest of Malheur Co. is a general production area. (2) Forage brassica and cover crop brassica may be grown but shall not be allowed to flower. (3) Rapeseed seed crops are prohibited in the Malheur/Idaho Protected District. Statutory/Other Authority: ORS 561.190, 561.510 - 561.600, 570.305, 570.405. 570.410 - 570.415 & 570.450 Statutes/Other Implemented: ORS 570.405 - 570.415 & 570.450 History: DOA 1-2015, f. & cert. ef. 1-13-15 DOA 11-2013, f. & cert. ef. 10-21-13 DOA 1-2013, f. & cert. ef. 2-6-13
603-052-0901 Research, Summary, Changes (1) Research Permits. The Department may issue research permits in any protected district providing exemptions to the rapeseed control area rules for the purpose of research. Persons requesting a research permit shall petition the Department in writing and include the following: (a) Research must include the involvement of an accredited university; (b) All applicable conditions of rapeseed production must be met including pinning of fields; (c) The Director retains the final authority to approve or deny research permit requests. Any action under a research permit shall be subject to any conditions or restrictions set forth in the permit, and these conditions and restrictions may vary depending on the proposed action and its potential risk. (2) Summary. The Department will maintain a summary of rapeseed fields produced under a research permit with the Department including locations of acres planted, number of acres planted, dates planted, and contact persons. (3) Changes to Rapeseed Control Area Rules. Interested persons may petition the Department to amend or repeal these rules, including designation changes creating or removing protected district status, by following the procedures in the Administrative Procedures Act, ORS 183.390. Statutory/Other Authority: ORS 561.190, 561.510–561.600, 570.305, 570.405. 570.410–570.415 & 570.450 Statutes/Other Implemented: ORS 570.405–570.415 & 570.450 History: DOA 11-2013, f. & cert. ef. 10-21-13 DOA 1-2013, f. & cert. ef. 2-6-13