justicedao/ipfs_state_laws huggingface dataset:
603-052-0921 Violations (1) No person shall violate any control area rule governing the production of Brassicaceae in Oregon. (2) Consistent with ORS 561.280 and 570.405 and in addition to any other lawful remedy, the Director may bring an action to enjoin the violation or threatened violation of any provision of 570.405 and 570.450 or its rules. Such action may be filed in the circuit court of Marion County or in the county in which the violation or threatened violation occurs or is about to occur. Consistent with applicable law, the relief requested may include, but is not limited to, an order for summary destruction of any rapeseed crop. (3) Notice of Noncompliance and Plan of Correction. In addition to, or in lieu of, any action to enjoin enforcement of these rules, the Director may issue a Notice of Noncompliance and Plan of Correction to any person. (a) A Notice of Noncompliance informs the person to whom the notice is directed of the violation, including a reference to the particular statute or administrative rules involved, and the location of the violation; (b) A Plan of Correction directs the person to whom the plan of correction is directed to perform those actions necessary to comply with the particular statute or administrative rules involved; (A) Specifies a reasonable period of time by which compliance is to be achieved not to exceed five (5) calendar days after the notice is received; (B) May include requirements for the person to whom the plan of correction is directed to report the completion of specific actions; (c) A Notice of Noncompliance and Plan of Correction is issued by the Director, is an order other than contested case for purposes of judicial review, and must be served personally or by registered or certified mail. (d) Failure to perform any of the requirements of a Plan of Correction may be considered by the Director as a failure to correct the violation within the period of time set for correction by the Director in the Notice of Noncompliance and Plan of Correction and may result in any lawful enforcement including, but not limited to, those remedies described in subsection (2) of this section. 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
603-052-1020 Quarantine Against Powdery Mildew of Hops (1) Establishing Quarantine: A quarantine is established against the powdery mildew disease of hops caused by the fungus Podosphaera macularis (Wallr.) U. Braun & S. Takam. (= Sphaerotheca humuli (DC.) Burr. and Podosphaera humuli (DC) Burrill), arabis mosaic viruses, hop stunt viroid, ilarviruses, and Verticillium wilt caused by hop strains of Verticillium albo-atrum. (2) Area under Quarantine: All states and districts of the United States, except those counties in the states of Washington and Idaho covered by a comparable quarantine. (3) Commodities Covered: Plants and all plant parts of hops, Humulus lupulus, excepting kiln dried cones of hops are prohibited entry into this state directly, indirectly, diverted or reconsigned. All used hop farming equipment entering the state from the area under quarantine (see Section (2)) must be pressure-washed or similarly cleaned to remove all plant debris and soil prior to entry. (4) Conditions: Covered commodities from the area under quarantine are prohibited. (5) Special Permits: Persons wishing to import covered commodities from the area under quarantine must apply in writing for a Special Permit as authorized by OAR 603-052-0020. Applications for Special Permits must list the prospective buyer and seller; the number, and origin of stock; location of proposed planting site; and any other relevant information. Special Permits, when granted, will list required safeguards to prevent disease establishment. (6) Disposition of Commodities in Violation of the Quarantine: All covered commodities described in section (3) of this rule found to be in violation of this quarantine shall be returned immediately to point of origin by the Oregon receiver, or at the receiver's option be destroyed under the supervision of the Oregon Department of Agriculture without expense to or indemnity paid by the Oregon Department of Agriculture. Violation of this quarantine may result in a fine, if convicted, of not less than $500 no more than $5,000, as provided by ORS 561.990. In addition, violators may be subject to civil penalties of up to $10,000 as provided by 561.995. Statutory/Other Authority: ORS 561 & 570.305 Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600 & 570.305 History: DOA 10-2013, f. & cert. ef. 10-10-13 DOA 17-2012, f. & cert. ef. 6-6-12 DOA 4-2009, f. & cert. ef. 4-9-09 DOA 12-1999, f. & cert. ef. 6-4-99 DOA 4-1998, f. & cert. ef. 5-11-98 AD 10-1996, f. & cert. ef. 9-5-96 AD 20-1993, f. & cert. ef. 12-14-93 AD 7-1993(Temp), f. & cert. ef. 5-26-93
603-052-1030 Control Area Against Rough Bluegrass in Union County (1) As authorized by ORS 570.405, a control area is established in Union County against the production or handling of rough bluegrass, Poa trivialis, since such production or handling would pose a potential threat of contamination to currently established grass seed production in the area. (2) Extent of Control Area: all of Union County (3) Commodities Covered: Rough bluegrass (Poa trivialis), including any hybrids of the species. (4) Prohibited Acts: (a) All commodities covered in section (4) of this rule are prohibited from being planted, grown, cleaned, conditioned or handled in Union county; (b) Any rough bluegrass which is planted, grown, cleaned, conditioned or handled in Union County is subject to destruction as determined by the Director of the Oregon Department of Agriculture. Such destruction shall be at the expense of the owner or owners or their responsible agent or agents. Statutory/Other Authority: ORS 570.405 Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.405 & 570.410 - 570.415 History: AD 14-1994, f. & cert. ef. 9-9-94
603-052-1040 Control Area Against Rough Bluegrass in Morrow and Umatilla Counties (1) As authorized by ORS 570.405, a control area is established in Morrow and Umatilla Counties against the production or handling of rough bluegrass, Poa trivialis, since such production or handling would pose a potential threat of contamination to currently established grass seed production in the area. (2) Extent of Control Area: all of Morrow and Umatilla Counties. (3) Commodities Covered: rough bluegrass (Poa trivialis), including any hybrids of the species. (4) Prohibited Acts: (a) All commodities covered in section (3) of this rule are prohibited from being planted, grown, cleaned, conditioned or handled in Morrow and Umatilla Counties; (b) Any rough bluegrass which is planted, grown, cleaned, conditioned or handled in Morrow or Umatilla Counties is subject to destruction as determined by the Director of the Oregon Department of Agriculture. Such destruction shall be at the expense of the owner or owners or their responsible agent or agents. Statutory/Other Authority: ORS 570.405 Statutes/Other Implemented: ORS 570.405 History: AD 15-1995, f. & cert. ef. 8-29-95
603-052-1050 Control Area Against Creeping Annual Bluegrass in Union County (1) As authorized by ORS 570.405, a control area is established in Union County against the production or handling of the perennial creeping type of annual bluegrass, Poa annua var. reptans, since such production or handling would pose a potential threat of contamination to currently established grass seed production in the area. (2) Extent of Control Area: all of Union County. (3) Commodities Covered: perennial creeping type annual bluegrass, Poa annua var. reptans, including any hybrids of the species. (4) Prohibited Acts: (a) All commodities covered in section (3) of this rule are prohibited from being planted, grown, cleaned, conditioned or handled in Union County. (b) Any Poa annua var. reptans which is planted, grown, cleaned, conditioned or handled in Union County is subject to destruction as determined by the Director of the Oregon Department of Agriculture. Such destruction shall be at the expense of the owner or owners or their responsible agent or agents. Statutory/Other Authority: ORS 561.190 & 570.405 Statutes/Other Implemented: ORS 570.405 History: AD 3-1997, f. & cert. ef. 6-4-97
603-052-1060 Control Area Against Creeping Annual Bluegrass in Morrow and Umatilla Counties (1) As authorized by ORS 570.405, a control area is established in Morrow and Umatilla Counties against the production or handling of the perennial creeping type of annual bluegrass, Poa annua var. reptans, since such production or handling would pose a potential threat of contamination to currently established grass seed production in the area. (2) Extent of Control Area: all of Morrow and Umatilla Counties. (3) Commodities Covered: perennial creeping type annual bluegrass, Poa annua var. reptans, including any hybrids of the species. (4) Prohibited Acts: (a) All commodities covered in section (3) of this rule are prohibited from being planted, grown, cleaned, conditioned or handled in Morrow and Umatilla Counties. (b) Any Poa annua var. reptans which is planted, grown, cleaned, conditioned or handled in Morrow or Umatilla Counties is subject to destruction as determined by the Director of the Oregon Department of Agriculture. Such destruction shall be at the expense of the owner or owners or their responsible agent or agents. Statutory/Other Authority: ORS 561.190 & 570.405 Statutes/Other Implemented: ORS 570.405 History: AD 3-1997, f. & cert. ef. 6-4-97
603-052-1090 Civil Penalty Matrix (1) Magnitude of violation: The commission of prohibited acts specified below has been determined to be a minor, moderate, or major violation. (a) Minor: (A) Failure to maintain proper certificates or paperwork as required. (B) Importing firewood for personal use that does not meet the requirements of this rule from outside the Pacific Northwest. (b) Moderate: Importing firewood for other than personal use that does not meet the requirements of this rule from outside the Pacific Northwest. (c) Major: (A) Knowingly importing infested or infected firewood that does not meet the requirements of this rule from outside the Pacific Northwest. (B) Knowingly representing untreated or improperly treated firewood as Approved Pest Free firewood. (C) Tampering with, altering, misrepresenting or falsifying in any manner official documents issued by a plant regulatory official. Providing false information required for issuance of documents. Using falsified documents. (2) Standard civil penalties will be as follows. The Director may consider extenuating circumstances in assigning a penalty. 1st Violation — 2nd Violation — 3rd & Subsequent Violation Minor: Notice of violation — $100 — $300 Moderate: $300 — $900 — $1,800 Major: $5,000 — $7,500 — $10,000 Statutory/Other Authority: ORS 570.305, 561.510 & 570.720 Statutes/Other Implemented: ORS 570.720 History: DOA 28-2012, f. & cert. ef. 12-3-12
603-052-1100 Purpose These rules guide the Oregon State Department of Agriculture, Plant Division, in administering its Imported Timber Products Inspection Program, as provided in ORS 570.700 to 570.710. Statutory/Other Authority: ORS 561.190, 570.305 & 570.700 - 570.710 Statutes/Other Implemented: ORS 570.705 & 570.710 History: AD 7-1996, f. & cert. ef. 6-12-96
603-052-1110 Definitions The following definitions apply to OAR 603-052-1100 to 603-052-1130: (1) “Imported” means timber products from any source outside North America and includes those states in Mexico not adjacent to the United States. Also included are timber products brought into another state or states and subsequently shipped into Oregon. Shipments of untreated timber products transiting Oregon are not considered to be imported if they enter and leave the state without having been unloaded from their original conveyance and if they remain in Oregon less than 120 hours. (2) “Person” means any federal, state or local government or government agency, political subdivision, individual, public or private corporation, partnership, association, firm, trust, estate, or any other legal entity whatever. (3) “Untreated” means not previously treated so as to completely eliminate external and internal insect pests and plant pathogens. Timber products are considered untreated if they are treated in such a way that some, but not all, potential insect pests and plant pathogens are eliminated. For example, logs which are debarked and fumigated are considered untreated because fungi and insects deep within the wood could survive these treatments. (4) “Treated” timber products are those that have been processed so as to completely eliminate all potential insect pests and plant pathogens, e.g. kiln-drying or sterilization by heat (at least 71.1° C for 75 minutes measured at the core). (5) “Importer” is the person who takes first delivery in this state of imported, untreated timber products. Statutory/Other Authority: ORS 561.190, 570.305 & 570.700 - 570.710 Statutes/Other Implemented: ORS 570.705 & 570.710 History: AD 7-1996, f. & cert. ef. 6-12-96
603-052-1120 Notification (1) The importer of untreated timber products shall notify the Oregon Department of Agriculture in writing or by FAX (Oregon Dept. of Agriculture, Plant Division, 635 Capitol St. NE, Salem, OR 97310; FAX (503) 986-4786) at least seven days in advance of the estimated date of arrival of each shipment. Notification shall include: (a) Estimated date and time of arrival; (b) Planned unloading site(s); (c) Estimated unloading time; (d) Contact person, phone and FAX numbers. (2) Within twenty-one days after arrival of the shipment, the importer shall present to the department a copy of the bill of lading and, if the imported material is scaled, a copy of the scaling bureau scale certificate(s). The importer may use any scaling method approved by the department. The fee schedule in 603-052-1130 will be applied to the gross scale on the bureau certificate(s). Statutory/Other Authority: ORS 561.190, 570.305 & 570.700 - 570.710 Statutes/Other Implemented: ORS 570.705 & 570.710 History: AD 7-1996, f. & cert. ef. 6-12-96
603-052-1130 Fees (1) Treated timber products are not subject to these fees. (2) The importer of untreated timber products shall pay to the Oregon Department of Agriculture a timber products health program fee according to the following schedule: (a) Wood chips: 50 cents per bone dry ton. (b) Timber products other than wood chips: $5 per one thousand board feet. (c) Minimum charge will be $50. (3) If the imported untreated timber products are not scaled, the department will use the following conversion factors: 4.8 cubic meters equals one thousand board feet for logs or 2.4 cubic meters equals one thousand board feet for lumber applied to the quantities listed on the bill of lading. (4) The department will invoice the importer for the amount payable. The importer shall pay the appropriate fee within 30 days after taking delivery of such products. For purposes of this program, the issue date of the department invoice will be considered the official date delivery was taken. Statutory/Other Authority: ORS 561.190, 570.305 & 570.700 - 570.710 Statutes/Other Implemented: ORS 570.705 & 570.710 History: AD 7-1996, f. & cert. ef. 6-12-96
603-052-1150 Laboratory Fees for Official, Regulatory and Service Samples (1) The following fees and charges are established for laboratory or other testing services including sample processing, analysis and issuance of certificates or official reports. The basic fee for official, regulatory, and service samples is established at $70.00 per hour, with a minimum fee of $35.00. (2) The fees and charges for specific routine tests are: (a) Spore wash and microscopic examination per fungal species — $50; (b) Fifty-seed stain and immunoblot for endophyte — $85; (c) Seed, soil, or tissue test for nematodes — $35; (d) Visual exam for regulated pests — $60 for pesticide treated seed and $50 for untreated seed; (e) Visual exam for regulated contaminants — $45; (f) Visual exam for regulated pests and regulated contaminants — $70; (g) Isolation on standard media — $35; (h) Growing media pH and conductivity — $35; (i) Seed grow out for bacteria — $140; (j) ELISA for virus detection in seed — $140.; (k) Molecular analysis for regulated pests — $140. Statutory/Other Authority: ORS 561, 571 & 632 Statutes/Other Implemented: ORS 561.190, 571.145 & 632.940 History: DOA 13-2010, f. & cert. ef. 8-9-10 DOA 10-2006, f. & cert. ef. 3-22-06 DOA 9-2003, f. & cert. ef. 1-14-03
603-052-1205 Weed-Free Tree Seedling Nurseries (1) Nursery-grown tree seedlings for commercial forest production can spread noxious weeds if they become contaminated with weed seeds. In order to prevent the spread of noxious weeds, it is necessary to keep them out of the seedling production fields at nurseries that grow conifer and hardwood seedlings for commercial forest plantings. Noxious weeds found in seedling nurseries include, but are not limited to, yellow nutsedge, thistles, St. Johnswort, creeping yellow cress, and quackgrass. OAR 603-052-1200 has a complete list of noxious weeds quarantined in Oregon. (2) To prevent the establishment and spread of noxious weeds via tree seedlings used for commercial forest plantings, seedling production fields must be kept noxious weed-free. (3) Currently the preferred method of treatment of seedling production fields, though not the only acceptable treatment, is fumigation with methyl bromide prior to seeding or transplanting of seedlings. This rule is intended as a bridge to ensure effective noxious weed control until technically viable and economically feasible alternative controls and methods can be developed and tested. Active testing of alternatives is underway but has not yet proven operationally successful. This section (3) of this rule may be repealed on December 31, 2018 unless a thorough review as to its importance results in a finding that it is still necessary. Statutory/Other Authority: ORS 570.505 & 571.200 Statutes/Other Implemented: ORS 570.505 & 571.200 History: DOA 7-2014, f. & cert. ef. 5-1-14 DOA 23-2008, f. & cert. ef. 10-31-08
603-052-1206 Definitions As used in OAR 603-052-1206 to 603-052-1211 unless the context requires otherwise: (1) “Giant reed” or “giant cane grass” means the plant species Arundo donax L. For purposes of this rule the term “giant reed” or “giant cane grass” applies to whole plants, plant parts, rhizomes, harvested plant parts, and seeds. For purposes of this rule, “giant reed” or “giant cane grass” does not include variegated varieties of giant reed as defined in subsection (4) of this section. (2) “Feral giant reed” means whole plants of the plant species Arundo donax growing outside of permitted production areas or as otherwise inconsistent with this rule. (3) “Riparian area” means a zone of transition from an aquatic ecosystem to a terrestrial ecosystem, dependent upon surface or subsurface water, that reveals through the zone’s existing or potential soil-vegetation complex the influence of such surface or subsurface water. (4) “Special Flood Hazard Area” means an area inundated during the 1% annual flood (also known as 100-year flood or a base flood) as determined from the January 2011 version of the Flood Insurance Rate Maps of the Federal Emergency Management Agency (FEMA) available through the Department of Land Conservation and Development at: . (5) “Variegated varieties of giant reed” means horticultural varieties of Arundo donax with striped or spotted leaves. Variegated varieties may include but are not limited to varieties marketed as “Peppermint Stick,” “Variegata,” and “Golden Chain,” or other ornamental varieties that can be visually distinguished from “giant reed” or “giant cane grass.” (6) “Wetland” means areas that are naturally inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Statutory/Other Authority: ORS 570.405 Statutes/Other Implemented: ORS 570.405 History: DOA 29-2012, f. & cert. ef. 12-12-12
603-052-1209 Purpose Giant reed, Arundo donax, is a promising bio-energy crop because of its high biomass yield. It is also grown as an ornamental and as a source of reeds for woodwind instruments. Giant reed is highly invasive in riparian areas in some regions of the United States such as California, Texas, and Florida. It is the intent and purpose of OAR 603-052-1206 to 603-052-1211 to balance goals to develop new agricultural crops and support renewable energy development from agricultural feedstocks while protecting natural resources and preventing the establishment of giant reed in riparian areas where it could cause major negative impacts to the natural resources of the State of Oregon. Statutory/Other Authority: ORS 570.405 Statutes/Other Implemented: ORS 570.405 History: DOA 29-2012, f. & cert. ef. 12-12-12
603-052-1300 Purpose and General Information (1) The purpose of these rules is to protect Oregon’s agriculture, economy, biodiversity, natural resources, and native species from harmful plant pests (ORS 570.205). These rules further this goal by regulating human activities associated with plant pests capable of causing significant economic damage in this state or capable of having a significant adverse effect on the environmental quality of Oregon. Statutory/Other Authority: 570.210 & 570.215 Statutes/Other Implemented: ORS 570.215 History: DOA 19-2011, f. & cert. ef. 10-13-11
603-052-1310 Definitions As used in these rules, unless the context or a specially applicable definition requires otherwise: (1) “Approved species” means an invertebrate species that is not a plant pest that the Department has placed on the approved list. (2) “Department” or “ODA” means the Oregon Department of Agriculture. (3) “Import or importation” means to bring or cause live invertebrates to be transported into Oregon by any means. (4) "Invertebrate" means an animal without a backbone. (5) "Plant pest" is defined in ORS 570.205. (6) "Species" means a unit of classification of animals, which are capable of interbreeding and producing fertile offspring. (7) “Wildlife” means animals covered by Oregon Department of Fish and Wildlife rules, ORS 496.004 and OAR 635-045-002. Statutory/Other Authority: 570.210 & 570.215 Statutes/Other Implemented: ORS 570.215 History: DOA 19-2011, f. & cert. ef. 10-13-11
603-052-1330 Changes to List of Approved Invertebrates (1) Interested persons may petition the Department to make changes or additions to the list of approved invertebrates by following the procedures in the Administrative Procedures Act, ORS 183.390. (a) The agency must either deny the petition or initiate rulemaking within 90 days of receiving the petition. In deciding whether to grant or deny a petition the Department may request additional information from the petitioner necessary for completing a determination of whether the invertebrate is capable of having a significant adverse effect on the environmental quality of this state or causing significant level of economic damage in Oregon. (b) The Department may deny a petition if information provided by the petitioner is insufficient to allow the Department to make a science-based assessment of whether an invertebrate poses a significant risk of adverse effect to the environmental quality of this state or a significant level of economic damage in Oregon. Statutory/Other Authority: 570.210 & 570.215 Statutes/Other Implemented: ORS 570.215 History: DOA 19-2011, f. & cert. ef. 10-13-11