justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 561 — . State

ORS 561.150. Department of Agriculture Account. (1) All unexpended funds that are available to the State Department of Agriculture for its use in carrying out its duties as prescribed by law and for any other purpose shall be a part of the General Fund of the state and shall be credited to a fund to be known as the Department of Agriculture Account except for: (a) Funds to be expended for the extermination of predatory animals under the provisions of ORS chapter 610; (b) Moneys received by the department from the sale of skins of predatory animals as provided in ORS 610.040; and (c) Moneys received by the department that are subject to ORS 561.144. (2) All appropriations, fees, penalties and other moneys received by the department or credited to its use from the State Treasury, except the funds named in subsection (1)(a) and (b) of this section and money required by law to be placed therein, shall be placed in the General Fund and credited to the Department of Agriculture Account. (3) All fees, penalties and other moneys received by the department shall be turned over to the State Treasurer not later than the 10th day of the calendar month next succeeding their receipt by the department. (4) All moneys without respect to their sources, credited to either the Department of Agriculture Account or the Department of Agriculture Service Fund shall be available for the payment of any and all the expenses of the department, excepting those incurred in connection with the extermination of predatory animals. (5) The Director of Agriculture shall keep a record of all moneys deposited in the Department of Agriculture Account and the Department of Agriculture Service Fund. Such record shall indicate the source from which the moneys are derived and name the individual departmental activity against which each withdrawal is charged.
ORS Chapter 561 — . State

ORS 561.155. Cash and revolving fund. The State Department of Agriculture shall establish a cash and revolving fund under ORS 293.180, for the purpose of making immediate cash payments of travel and subsistence advances authorized by ORS 292.280, salary advances authorized by ORS 292.150 and other miscellaneous demand obligations authorized by law, in an amount not to exceed $75,000 from moneys in the Department of Agriculture Service Fund.
ORS Chapter 561 — . State

ORS 561.157. Agriculture Natural Climate Solutions Fund. (1) The Agriculture Natural Climate Solutions Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Agriculture Natural Climate Solutions Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to State Department of Agriculture to: (a) Carry out the provisions of ORS 468A.189 (3); and (b) For the administrative expenses of the department in implementing ORS 468A.189, except that no more than 10 percent of moneys may be used for administrative expenses. (2) The Agriculture Natural Climate Solutions Fund consists of moneys transferred to the fund under ORS 468A.187. [2023 c.442 64] Note:
ORS Chapter 561 — . State

ORS 561.160. Approval of vouchers required before withdrawing money from State Treasury. All moneys drawn from the State Treasury by the State Department of Agriculture shall be drawn only after the approval of vouchers by the Director of Agriculture or by some person in the department authorized by the director to approve such vouchers, which authorization shall be in writing and filed with the Secretary of State.
ORS Chapter 561 — . State

ORS 561.170. Prohibited financial interests of officers or employees. It shall be unlawful for the Director of Agriculture or any deputy or other employee of the State Department of Agriculture to be interested directly or indirectly as owner, agent or solicitor in the manufacture, purchase or sale of any article, commodity or product over which the director, deputy or employee may have supervision in an official capacity. It shall not be a violation of this section for the director, any deputy or other employee to own, lease or operate a ranch or farm.
ORS Chapter 561 — . State

ORS 561.177. Furnishing lists of names and other information; fee. The State Department of Agriculture may make a reasonable charge to cover the actual cost of accumulating and furnishing a list of names or other similar records which are by law declared to be public writings or records. Moneys collected shall be placed in the General Fund, credited to the Department of Agriculture Account and shall be available for payment of all expenses of the department. [Formerly
ORS Chapter 561 — . State

ORS 561.190. Rules and regulations; publication; effect of violation. The State Department of Agriculture is authorized and directed to make any and all rules and regulations necessary for the administration or enforcement of any law with the administration or enforcement of which the department is charged, and not inconsistent with the authority with which the department is vested or with any such law. Such rules and regulations shall be compiled and printed in pamphlet form for distribution. The violation of any rule or regulation made by the department pursuant to this section shall be a violation of the law to which such rule or regulation applies and shall be punishable in the manner provided for violations of such law.
ORS Chapter 561 — . State

ORS 561.191. Program and rules relating to water quality. (1) The State Department of Agriculture shall develop and implement any program or rules that directly regulate farming practices, as defined in ORS 30.930, that are for the purpose of protecting water quality and that are applicable to areas of the state designated as exclusive farm use zones under ORS 215.203 or other agricultural lands in Oregon, including but not limited to rules related to: (a) Protection of the quality of surface or ground water; (b) Wellhead protection areas; (c) Coastal zone management areas; (d) Areas of ground water concern; and (e) Ground water management areas. (2) Any program or rules adopted by the State Department of Agriculture under subsection (1) of this section shall be designed to assure achievement and maintenance of water quality standards adopted by the Environmental Quality Commission. (3) If two or more state agencies are required to adopt rules under ORS 468B.150 to 468B.190, the agencies: (a) Shall consult with one another and coordinate the rules; and (b) May consolidate the rulemaking proceedings. (4) Nothing in this section is intended to change or reduce the authority of the Water Resources Commission or the Water Resources Department under ORS chapters 536 to 543. [1995 c.690 6a] Note:
ORS Chapter 561 — . State

ORS 561.192. Code of regulations; compilation and publication. (1) The State Department of Agriculture may from time to time revise and compile, in a code of regulations, all rules and regulations of a general character promulgated by the department. (2) No substantive change may be made in revising the rules and regulations unless the department complies with the procedures required by law for the adoption or amendment of the particular rule or regulation. However, changes that are not of a substantive nature may be made without the procedures required by law for the adoption or amendment of rules and regulations by the department. (3) The department shall print, publish and distribute the code of regulations in a convenient form. The code of regulations as published is prima facie evidence of the current rules and regulations of the department.
ORS Chapter 561 — . State

ORS 561.194. Distribution of code of regulations. (1) The State Department of Agriculture may distribute the code of regulations published under ORS 561.192 free of charge to such state agencies as are designated by the department. (2) The department shall sell the other copies at such prices as the department finds sufficient to recover the cost of printing. (3) All moneys received by the department under this section, in addition to any other appropriation of funds available for the purposes of ORS 561.192 and
ORS Chapter 561 — . State

ORS 561.200. Prohibitions against the obstruction of officers, agents or employees. (1) No person, firm or corporation shall refuse to allow any authorized officer, agent or employee of the State Department of Agriculture to enter upon the premises of the person, firm or corporation or to inspect any books, records, plant, equipment, apparatus, vehicles or any other thing or place of the person, firm or corporation which it is such officers, agents or employees duty to inspect. (2) No person, firm or corporation shall refuse to produce books, records, apparatus and equipment for the inspection of such officer, agent or employee upon demand, or refuse to allow samples to be taken by such officer, agent or employee, when they are by law authorized so to do. (3) No person, firm or corporation shall otherwise interfere with such officer, agent or employee in the lawful exercise of duties, either by active or passive resistance or by refusal to cooperate in every reasonable manner with the officer agent or employee in the carrying out of lawful duties.
ORS Chapter 561 — . State

ORS 561.210. [Repealed by 1971 c.743 432]
ORS Chapter 561 — . State

ORS 561.220. Prohibitions against altering or removing seal or similar marking used by department and against selling products from used containers bearing such markings. (1) Except as hereafter provided in subsections (2) and (3) of this section, no person shall alter, deface or remove any seal, sign, tag, stamp, placard, mark, brand or similar object used by the State Department of Agriculture pursuant to any law of this state. (2) Subsection (1) of this section does not apply to: (a) Employees or agents of the State Department of Agriculture engaged in the regular discharge of their duties. (b) The alteration, defacement or removal of markings on any type of food or other agricultural product in the normal course of sale and distribution thereof. (3) No person shall sell food or other agricultural products in or from a used container bearing any of the markings referred to in subsection (1) of this section unless such person first removes or defaces such markings.
ORS Chapter 561 — . State

ORS 561.230. Prohibition against reusing, imitating or counterfeiting markings used by department. No person shall reuse, imitate or counterfeit any seal, sign, tag, stamp, placard, mark, brand or similar object used by the State Department of Agriculture pursuant to any law of this state.
ORS Chapter 561 — . State

ORS 561.240. Contracts and agreements with other agencies, governmental units and other persons; payment and receipt of funds. (1) The State Department of Agriculture may: (a) Enter into contracts and other agreements with, and receive funds from, any department or agency of the United States. (b) Enter into contracts and other agreements with authorized departments and agencies of this state and other states, units of local government, Indian tribes, public and private corporations and other persons of this state, in connection with the administration of laws of this state, including but not limited to laws relating to the inspection, production, processing, marketing, testing and distribution of agricultural products and to the control or eradication of plant and animal diseases and pests. (c) Enter into contracts with foreign governments or foreign government agencies, and contracts and other agreements with growers, handlers or other persons located outside of the United States, for the department or the foreign government, agency or person to provide services pertaining to agricultural and horticultural products or to production processes for agricultural or horticultural products, including but not limited to the inspection, production process verification, marketing, testing and distribution of agricultural or horticultural products. (d) Receive grants from any source and may issue grants to a department or agency of this state or other states, any department or agency of the United States, a unit of local government, an Indian tribe, a public or private corporation or another person for any purpose related to the laws administered or enforced by the department. (e) Exchange information and services with any public or private body or person described in this subsection, in order to minimize duplication of public services, investigations, inspections and audits. (f) Receive compensation, and make payment, for services rendered in performance of contracts and other agreements authorized by this subsection. (2) In the performance of services required by any contract or other agreement authorized by subsection (1) of this section, public agencies that are parties to the contract or agreement shall have the authority and powers of the department. (3) Funds received by the department as provided in subsection (1) of this section shall be deposited with the State Treasurer. Such funds are continuously appropriated to the department for the use of the department in carrying out the purposes of the respective agreements, contracts, state laws and Acts of Congress in relation to which the money is received.
ORS Chapter 561 — . State

ORS 561.250. Services by department for commodity commissions, Oregon Beef Council and Oregon Wheat Commission. (1) Notwithstanding the provisions of ORS chapters 577 and 578, upon request of a commodity commission established under ORS 576.051 to 576.455, the Oregon Beef Council created by ORS 577.210 or the Oregon Wheat Commission created under ORS 578.030, the State Department of Agriculture may, if facilities and services are available: (a) Provide centralized accounting, data processing, data recording, clerical, secretarial, business management, office and all other similar or related facilities and services. The department may not provide executive secretary services. (b) Provide and furnish office space, telephone and other similar or related facilities and services. (c) Provide for the collection and receiving of assessment or other moneys due a commodity commission, the beef council or the wheat commission. Any person authorized or required to pay an assessment or other moneys to a commodity commission, the beef council or the wheat commission shall, after notice, pay the moneys to the department in behalf of and in the name of the commodity commission, beef council or wheat commission. Moneys received by the department under this subsection shall be paid to the appropriate commodity commission, the beef council or the wheat commission. (2) A person authorized or required to file a report or perform other actions with regard to a commodity commission, the Oregon Beef Council or the Oregon Wheat Commission shall, after notice, file the report or perform the action with regard to the department in behalf of and in the name of the commodity commission, the beef council or the wheat commission. (3) Commodity commissions, the Oregon Beef Council and the Oregon Wheat Commission shall pay for facilities or services received under subsection (1) of this section.
ORS Chapter 561 — . State

ORS 561.255. Permits for confined animal feeding operations or concentrated animal feeding operations; rules; fees. (1) As used in this section: (a) Confined animal feeding operation has the meaning given that term in rules adopted by the State Department of Agriculture. (b) Large confined animal feeding operation has the meaning given that term in rules adopted by the department. (c) Medium confined animal feeding operation has the meaning given that term in rules adopted by the department. (d) NPDES means the National Pollutant Discharge Elimination System. (e) Small confined animal feeding operation has the meaning given that term in rules adopted by the department. (f) WPCF means a water pollution control facility operated under a permit issued by the Director of the Department of Environmental Quality or a designee of the director. (2) The State Department of Agriculture shall adopt rules establishing annual permit fees for payment under ORS 468B.215 by confined animal feeding operations or concentrated animal feeding operations that operate under a general NPDES or WPCF permit. The department may adopt rules that establish tiers within each confined animal feeding operation size category for purposes of annual permit fee assessment. Subject to subsection (3) of this section, the annual permit fees may not exceed: (a) $125 for a small confined animal feeding operation or small concentrated animal feeding operation. (b) $250 for a medium confined animal feeding operation or medium concentrated animal feeding operation. (c) $900 for a large confined animal feeding operation or large concentrated animal feeding operation. (3) The department may not charge more than $10,000 in annual permit fees for payment under ORS 468B.215 by a person operating confined animal feeding operations or concentrated animal feeding operations under an individual NPDES or WPCF permit. (4) The department shall charge a permit application fee for: (a) A new confined animal feeding operation or concentrated animal feeding operation proposing to operate under an NPDES or WPCF permit; or (b) The transfer of an NPDES or WPCF permit for a confined animal feeding operation or concentrated animal feeding operation. (5) Subject to subsection (6) of this section, a permit application fee charged under this section may not exceed: (a) $100 for a small confined animal feeding operation or concentrated animal feeding operation. (b) $150 for a medium confined animal feeding operation or concentrated animal feeding operation. (c) $300 for a large confined animal feeding operation or concentrated animal feeding operation. (d) $200 for the transfer of a confined animal feeding operation or concentrated animal feeding operation under a general NPDES or WPCF permit or an individual NPDES or WPCF permit. (6) The department may not charge more than $15,000 in permit application fees for payment under ORS 468B.215 for new confined animal feeding operations or concentrated animal feeding operations proposed for operation under an individual NPDES or WPCF permit.
ORS Chapter 561 — . State

ORS 561.258. Regulation of vermiculture. (1) As used in this section, vermiculture means the commercial raising and breeding of worms for use as bait or as an animal food protein source or to produce castings. (2) The practice of vermiculture is an agricultural activity that is subject to regulation by the State Department of Agriculture. Vermiculture products are subject to department regulation as agricultural commodities or agricultural products. [2005 c.657 1] Note:
ORS Chapter 561 — . State

ORS 561.265. Inspecting records of persons required to pay fees to department. (1) The State Department of Agriculture upon not less than three days notice in writing is authorized to inspect and audit, during regular business hours, necessary and applicable books and records of any person required by law to report or pay fees or moneys to the department. Such inspection is for the purpose of determining whether proper fees have been paid. (2) Fees as used in this section includes fees due the department by a person, each month, year, or other fixed time or period, the amount of which is based upon the quantity, volume, weight or other measurement of some article, product or commodity and such fees to be used by the department in carrying out or enforcing a law under its jurisdiction. Fees does not include a license fee, the exact amount of which is fixed by law.
ORS Chapter 561 — . State

ORS 561.275. Inspecting premises and facilities of department licensees. Insofar as it is necessary for the State Department of Agriculture in the enforcement and carrying out of the laws under its supervision or jurisdiction, the department may, during the normal business hours of the business being inspected, inspect premises, machinery, equipment and facilities of the places or businesses subject to or required to be licensed under such laws.
ORS Chapter 561 — . State

ORS 561.279. Issuance of subpoenas by department for investigations or hearings. The State Department of Agriculture is authorized to issue subpoenas to compel the attendance of witnesses and to require the production of pertinent books, records and documents in: (1) Conducting an investigation of a matter with which the department specifically is charged with responsibility and that seriously affects the health of persons or animals; or (2) Holding a hearing pursuant to the provisions of ORS chapter 183.
ORS Chapter 561 — . State

ORS 561.280. Enjoining violations of law. In addition to the other remedies provided by law, the State Department of Agriculture may apply to the circuit court for, and such court shall have jurisdiction upon a summary hearing and for cause shown to grant, a temporary or permanent injunction restraining any person from violating any provision of a law under the jurisdiction of the department.
ORS Chapter 561 — . State

ORS 561.290. Jurisdiction over prosecutions. Justice courts have concurrent jurisdiction with circuit courts of all prosecutions arising under any law under the jurisdiction of the State Department of Agriculture.
ORS Chapter 561 — . State

ORS 561.300. Unpaid license fees; delinquent renewal penalty; notice required; collection procedure. (1) The State Department of Agriculture may collect a delinquent renewal penalty for any license fee required by law under the jurisdiction of the department if the licensee has failed to renew the license before the 60th day after the license expiration date. All delinquent renewal penalties collected under this section shall be deposited in the same account as the corresponding license fee. The department shall collect the following delinquent renewal penalties: (a) For license fees $100 or less, $30 or the amount of the license fee, whichever amount is less. (b) For license fees greater than $100, 30 percent of the amount of the license fee or $750, whichever amount is less. (2) Any unpaid license fee and delinquent renewal penalty required by law under the jurisdiction of the department for a prior licensing period or year continues to be owing to the department. Before taking any action or procedure against a person who should have paid a prior license fee, the department shall forward a written notice to the person by certified mail at the last-known address of the person on the records of the department advising of the amount owing. The notice shall give such person 20 days after the mailing date to pay the amount due or to present written or oral information or argument as to why the person believes the license fee is not owing. If after such period the department is of the opinion the license fee for the prior period is owing, it may then initiate such actions or procedures authorized under the applicable licensing law to collect the amount due. (3) The provisions of subsection (2) of this section do not apply to a statute under the jurisdiction of the department if specific provisions cover collection of unpaid license fees thereunder.