justicedao/ipfs_state_laws huggingface dataset:
603-051-1054 Application for Certification and Fees (1) Application for certification shall be made on a form prescribed by the Department and shall be submitted to the Department by March 15 of each year so as to provide sufficient time for inspection of Allium field units. The application must include a copy of the official documentation for the certified seed that has been planted in the field unit(s). The Department may refuse applications received after this date. (2) The application shall contain the information required thereon, including the consent of the applicant for the Department to obtain samples for inspection and testing purposes. (3) The ODA will operate this program on a cost-recovery basis. Fees charged by the Department are payable on or before December 31 of each year, and are for the sole purpose of defraying expenses incurred by the Department in the inspection, testing and certification procedures provided for in this certification program. Payment thereof shall not be construed as granting any right or privilege to the applicant. Statutory/Other Authority: ORS 632.900 - 632.990, 570.305 & 561.990 Statutes/Other Implemented: ORS 632.940 History: DOA 12-2005, f. & cert. ef. 3-11-05
603-052-0020 Exemption from Quarantine Orders (1) The department may issue special permits allowing movement into this state, or movement within this state, of restricted commodities not otherwise eligible for movements under the provisions of a quarantine order. Any movement under a special permit shall be subject to any conditions or restrictions set forth in the permit, and these conditions and restrictions may vary depending on the intended use of the commodity and the potential risk of escape or spread of the pest quarantined against. (2) The provisions of a quarantine order shall not apply to experimental shipments of restricted commodities moved by, or at the request of, the U.S. Department of Agriculture. (3) The provisions of this section shall take precedence over any exemption provision in a quarantine order that is in conflict herewith. Statutory/Other Authority: ORS 561 Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415 History: AD 1-1987, f. & ef. 1-30-87
603-052-0075 Quarantine; Chestnut Blight (1) A quarantine is established against chestnut blight, a disease of chestnuts (Castanea spp.) which is caused by the fungus Cryphonectria parasitica (Endothia parasitica), and against all insect pests of chestnuts, including: large chestnut weevil (Curculio caryatrypes), small chestnut weevil (Curculio sayi), nut curculio (Conotrachelus spp.), and oriental chestnut gall wasp (Dryocosmus kuriphilus). (2) Area Under Quarantine. All states and districts of the United States are included. (3) Commodities Covered. All trees, plants, cuttings, scions, tissue cultures, and nuts in shell of all species and varieties of chestnut (Castanea spp.) and chinquapin (Castanopsis spp.). (4) Provisions of the Quarantine: (a) From all states and districts east of and including Colorado, Montana, New Mexico, and Wyoming, no chestnut (Castanea spp.) or chinquapin (Castanopsis spp.) trees, plants, cuttings, scions, tissue cultures, and nuts in shell may be shipped into Oregon except by special permit by the Director of the Oregon Department of Agriculture as provided in OAR 603-052-0020; (b) From all states west of Colorado, Montana, New Mexico, and Wyoming, trees, plants, cuttings, scions, tissue cultures, and nuts in shell of chestnut and chinquapin may be shipped into Oregon provided that each shipment is accompanied by a certificate bearing the original signature of an authorized agricultural official affirming that the plant material has been inspected and found free from chestnut blight, that the plant material has been grown in the shipping state for at least two years and that chestnut blight disease, large chestnut weevil, small chestnut weevil, nut curculio, Conotrachelus spp., and oriental chestnut gallwasp are not known to occur in the production area. Such document shall be sent to the Oregon Department of Agriculture, c/o Plant Program Area Director, 635 Capitol Street, N.E., Salem, OR 97310, ten days prior to shipment of stock; (c) Any and all varieties and species of the chestnut and chinquapin trees, (Castanea spp. and Castanopsis spp.), tissue cultures, parts or the nuts thereof arriving in the state of Oregon without proper documentation will be immediately sent out of the state or destroyed at the option and expense of the owner(s) or his or their responsible agent(s). (5) Exemptions: No restrictions are placed by this quarantine upon the shelled nuts of all species and varieties of chestnut and chinquapin grown in and imported from foreign countries when reshipped into or arriving in this state in the unopened original container. 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 5-2014, f. & cert. ef. 4-29-14 DOA 3-2013, f. & cert. ef. 3-1-13 AD 2-1988, f. & cert. ef. 3-10-88 Quarantine Order No. 27(A series), cert. ef. 2-5-37
603-052-0115 Quarantine; Blueberry Maggot (1) Establishing Quarantine. A quarantine is established against blueberry maggot (Rhagoletis mendax). (2) Area under Quarantine. All states, districts, and territories of the United States east of and including the States of North Dakota, South Dakota, Nebraska, Kansas, Oklahoma, and Texas. All states of the United States west of North Dakota, South Dakota, Nebraska, Kansas, Oklahoma, and Texas are not included therein. (3) Commodities Covered. All fresh fruit of blueberry and blueberry plants (except when free from soil and growing media; clumps of soil or growing media larger than 1/2 inch diameter will be cause for rejection). (4) All commodities covered are prohibited entry into Oregon from the area under quarantine with the exception of items listed in (5) below. (5) Exceptions: (a) No restrictions are placed by this quarantine upon the entry into the State of Oregon of fruits which upon arrival are frozen solid and which are held under refrigeration to assure their solid frozen state; (b) Fruits affected by this quarantine, which have been held in cold storage for a continuous period of at least 40 days during which period the temperature in said cold storage area has been maintained at 32° F or less, may be admitted into the State of Oregon providing that the lot or shipment of the same is accompanied by an official certificate, issued by an agency of the state of origin authorized to do so, evidencing compliance with the requirements of this subsection. (c) Fruits that are accompanied by an official certificate showing that they have been treated with a fumigant effective against blueberry maggot according to label instructions. (6) Disposition of Commodities in Violation of Quarantine. All commodities described in section (3) of this rule inspected by the Department and determined to be in violation of this quarantine and not permitted entry pursuant to section (5) of this rule, shall be immediately returned by the person receiving the same to the point of origin or, at his option and without expense or indemnity paid by the Department, destroyed by such person. Statutory/Other Authority: ORS 561.190, 561.510 - 561.600 & 570.305 - 570.325 Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415 History: DOA 7-2012, f. & cert. ef. 3-26-12 DOA 2-2007, f. & cert. ef. 1-30-07 AD 10-1997, f. & cert. ef. 7-2-97 AD 1033(20-74), f. 6-26-74, ef. 7-25-74
603-052-0120 Quarantine; Oak Wilt Disease (1) Establishing a Quarantine. A quarantine is established against Oak Wilt Disease (Ceratocystis fagacearum). (2) Area Under Quarantine. All states and districts of the United States. (3) Commodities Covered. All rooted trees, seedling plants, cuttings, scions, bark, leaf mold, roots, or other unpeeled parts, except seed, of all species of oak (Quercus spp.), chestnut (Castanea spp.), chinquapin (Castanopsis spp.), and tanbark oak (Lithocarpus densiflora). Tissue culture plantlets in sealed, sterile containers are exempt from this quarantine. (4) Restrictions: (a) Commodities Prohibited from Quarantine Areas: All commodities described in section (3) of this rule originating or grown within or shipped from any state or district described in section (2) of this rule, except as provided in subsection (b) of this section, are prohibited entry into the State of Oregon whether moved directly from said areas or diverted or reconsigned from any such area; (b) Commodities Admitted Under Origin Certificate: Commodities described in section (3) of this rule may be permitted entry into Oregon provided each lot or shipment is accompanied by a certificate issued by an official agency of the state of origin certifying that all commodities covered by the certificate are a product of the state from which shipped or of another state, neither of which is known to have oak wilt disease occur; certifying that such commodities are free from the described disease; and setting forth in either case the name of the state where produced and the kind and amount of commodities covered by the certificate. (5) Special Permits. The Department, upon receipt of an application in writing, may issue a special permit allowing entry into the state of quarantined commodities not otherwise eligible for movement under the provisions of this quarantine. Movement of such commodities will be subject to any conditions or restrictions stipulated in the special permit, and these conditions and restrictions may vary depending upon the intended use of the commodity and the potential risk of escape and spread of oak wilt. 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: DOA 27-2025, minor correction filed 12/16/2025, effective 12/16/2025 DOA 5-2014, f. & cert. ef. 4-29-14 DOA 2-2007, f. & cert. ef. 1-30-07 AD 1087(10-76), f. 3-22-76, ef. 4-1-76
603-052-0150 Control Areas and Procedures (1) As authorized by ORS 570.405 to 570.435, a control area is established in each of the following counties for the protection of the cherry industry in that area through the eradication or control of the cherry fruit fly, Rhagoletis indifferens: (a) Hood River County; (b) Lane County; (c) Linn County; (d) Marion County; (e) Polk County; (f) Sherman County; (g) Umatilla County; (h) Union County; (i) Yamhill County; and (j) The portion of Wasco county, north of Warm Springs Reservation. (2) In order to prevent the buildup of western cherry fruit fly, cherry orchards in the control area must be maintained using approved IPM practices. (3) Approved IPM practices, including spray formulations, are those recommended by the Oregon State Extension Service as described for specific control areas in the following extension documents: (a) For Hood River and Wasco counties: Pest Management Guide for Tree Fruits in the Mid-Columbia Area. EM 8203, Oregon State University Extension Service. (b) For Lane, Linn, Marion, Polk and Yamhill counties: Pest Management Guide for the Willamette Valley, EM 8329, Oregon State University Extension Service. (c) For Umatilla and Union counties Cherry Fruit Fly Pest Management for control areas in Umatilla and Union counties. EM 8587, Oregon State University Extension Service. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 570 Statutes/Other Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405 & 570.410 - 570.415 History: DOA 2-2014, f. & cert. ef. 2-14-14 DOA 7-2012, f. & cert. ef. 3-26-12 DOA 11-2011, f. & cert. ef. 7-20-11 DOA 2-2007, f. & cert. ef. 1-30-07 DOA 1-2006, f. & cert. ef. 1-13-06 DOA 4-2005, f. & cert. ef. 2-14-05 AD 11-1977, f. 5-10-77, ef. 5-20-77 AD 1073(19-75), f. & ef. 12-5-75 AD 974(7-72), f. 7-27-72, ef. 8-15-72 AD 603, f. & ef. 10-31-58
603-052-0153 Definitions As used in OAR 603-052-0154 to 603-052-0158, unless the context requires otherwise: (1) "Host Tree" means cherry (Prunus spp.), pears (Pyrus spp.), apples (Malus spp.) and Hawthorns (Crataegus spp.) and may include other rosaceous hosts of Apple Maggot (Rhagoletis pomonella) as may be deemed necessary by the Department. (2) "Insect" means Apple Maggot (Rhagoletis pomonella)(Walsh), San Jose Scale (Diaspidiotus perniciosus)(Comstock) and Codling Moth (Cydia pomonella)(Linnaeus). 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 AD 13-1981, f. 7-24-81, ef. 8-7-81
603-052-0154 Control Area A control area as authorized by ORS 570.405 to 570.415 is hereby created for the control of Apple Maggot, San Jose Scale and Codling Moth within the boundaries of Wasco 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 13-1981, f. 7-24-81, ef. 8-7-81
603-052-0155 Intent and Purpose It is the intent and purpose of OAR 603-052-0153 to 603-052-0158 to prevent the buildup and spread of insects from tree to tree and orchard to orchard, particularly from areas not properly treated, or from areas untreated or abandoned, to commercial cherry, pear and apple trees or orchards. It is also the intent and purpose of said rules to reduce the use of pesticides within the control area so as to decrease insect resistance to pesticides. Also, it is the intent and purpose of said rules to more effectively carry out insect control efforts by enabling area-wide spraying programs of commercial orchards in the control area. 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 13-1981, f. 7-24-81, ef. 8-7-81
603-052-0156 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 13-1981, f. 7-24-81, ef. 8-7-81
603-052-0157 Inspection Procedures In order to determine whether the provisions of OAR 603-052-0156 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 603-052-0158. 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 13-1981, f. 7-24-81, ef. 8-7-81
603-052-0158 Control Procedures (1) The order of the Department referred to in OAR 603-052-0157 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 603-052-0157 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 13-1981, f. 7-24-81, ef. 8-7-81
603-052-0160 Definitions As used in OAR 603-052-0165 to 603-052-0185, unless the context requires otherwise: (1) "Host Tree" means Pear (Pyrus spp.), apples (Malus spp.) and Hawthorns (Crataegus spp.) and may include other rosaceous hosts of Apple Maggot (Rhagoletis pomonella)(Walsh) deemed necessary by the Oregon Department of Agriculture. (2) "Insect" means Codling Moth (Cydia pomonella)(Linnaeus), Apple Maggot (Rhagoletis pomonella), and Pear Pyslla (Psylla pyricola)(Foester). 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 AD 16-1981, f. 7-24-81, ef. 8-7-81 AD 3-1977, f. 2-9-77, ef. 3-1-77
603-052-0165 Control Area A control area as authorized by ORS 570.405 to 570.415 is hereby created for the control of the insects Codling Moth, Apple Maggot and Pear Psylla within the boundaries of Jackson 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 16-1981, f. 7-24-81, ef. 8-7-81 AD 3-1977, f. 2-9-77, ef. 3-1-77
603-052-0170 Intent and Purpose It is the intent and purpose of OAR 603-052-0160 to 603-052-0185 to prevent the build-up and spread of insects from tree to tree and orchard to orchard, particularly from areas not properly treated, or from areas untreated or abandoned, to commercial pear and apple trees or orchards. It is also the intent and purpose of said rules to reduce the use of pesticides within the control area so as to decrease insect resistance to pesticides. Also, it is the intent and purpose of said sections to more effectively carry out insect control efforts by enabling area-wide spraying programs of commercial orchards in the control area. 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 3-1977, f. 2-9-77, ef. 3-1-77
603-052-0175 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 16-1981, f. 7-24-81, ef. 8-7-81 AD 3-1977, f. 2-9-77, ef. 3-1-77
603-052-0180 Inspection Procedures In order to determine whether the provisions of OAR 603-052-0175 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 603-052-0185. 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 3-1977, f. 2-9-77, ef. 3-1-77
603-052-0185 Control Procedures (1) The notice of the Department referred to in OAR 603-052-0180 may direct that infested pear and apple 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 603-052-0180 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 3-1977, f. 2-9-77, ef. 3-1-77
603-052-0187 Definitions As used in OAR 603-052-0188 to 603-052-0192, unless the context requires otherwise: (1) "Host Tree" means pears (Pyrus spp.), apples (Malus spp.) and Hawthorns (Crataegus spp.) and may include other rosaceous hosts of Apple Maggot (Rhagoletis pomonella)(Walsh) as may be deemed necessary by the Oregon Department of Agriculture. (2) "Insect" means Apple Maggot (Rhagoletis pomonella)(Walsh). efforts by enabling areawide spraying programs of commercial orchards in the control area. 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 AD 17-1981, f. 7-24-81, ef. 8-7-81
603-052-0188 Control Area A control area as authorized by ORS 570.405 to 570.415 is hereby created for the control of Apple Maggot within the boundaries of Josephine 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 17-1981, f. 7-24-81, ef. 8-7-81
603-052-0189 Intent and Purpose It is the intent and purpose of OAR 603-052-0187 to 603-052-0192 to prevent the buildup and spread of insects from tree to tree and orchard to orchard, particularly from areas not properly treated, or from areas untreated or abandoned, to commercial pear and apple trees or orchards. It is also the intent and purpose of said rules to reduce the use of pesticides within the control area so as to increase insect resistance to pesticides. Also, it is the intent and purpose of said rules to more effectively carry out insect control efforts by enabling areawide spraying programs of commercial orchards in the control area. 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