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

ORS 561.303. Refund of excess fees or penalties; conditions; refusal to refund. (1) Notwithstanding the provisions of ORS 293.445 (2), the State Department of Agriculture may, upon application therefor, make refunds and determine that moneys received by the department are not due or are in excess of amounts due as fees or penalties relating to the issuance or renewal of licenses, permits, registrations or certificates under its jurisdiction, whenever: (a) The amount received is in excess of the prescribed fee or penalty; (b) The applicant has not or will not engage in the activity requiring the license, permit, registration or certificate or use the license, permit, registration or certificate during the time period requiring the license, permit, registration or certificate, and has: (A) Died, or otherwise involuntarily become incapable of engaging in such activity; or (B) Applied for a license, permit, registration or certificate under a mistake of fact as to the need therefor; or (c) The applicant, as a condition to the issuance of a license, permit, registration or certificate, is required to meet certain personal qualifications, submit a bond, insurance certificate or other indemnity document to the department, or submit to a departmental examination, and due to causes beyond the control of the applicant cannot do so. (2) The department may refuse refunds and determine that moneys received by the department are due as fees or penalties relating to the issuance or renewal of licenses, permits, registrations or certificates under its jurisdiction whenever: (a) The applicant, as a condition to the issuance of a license, permit, registration or certificate, is required to submit to a departmental examination, analysis or inspection, and fails to voluntarily submit, complete or satisfactorily pass the examination, analysis or inspection; (b) The applicant voluntarily determines not to engage in the activity requiring the license, permit, registration or certificate; (c) The applicant has engaged in the activity requiring a license, permit, registration or certificate without having obtained a license, permit, registration or certificate, whether or not the applicant thereafter qualified under any of the provisions of subsection (1) of this section; (d) Other than costs of clerical processing of the application, the department has incurred costs for services performed in connection with the license, permit, registration or certificate, or application therefor; (e) The amount subject to being refunded to the applicant under subsection (1) of this section is less than $25; or (f) The application for refund is not submitted to the department during the time period of the license, permit, registration or certificate.
ORS Chapter 561 — . State

ORS 561.305. Issuance of licenses; multiple activity license; refusal, revocation, suspension or nonrenewal of license. (1) In order to simplify and expedite the issuance of licenses by the State Department of Agriculture, whenever practical and reasonable the department may accept a single application and issue a single license covering multiple activities of a single applicant that are required to be licensed by the department. (2) The department may refuse to issue, refuse to renew, revoke or suspend any license or application for license issued or which may be issued pursuant to any law under its jurisdiction where it finds that the licensee has violated any provision of such law or regulations promulgated thereunder. If a single license is issued covering multiple activities, the department may refuse to issue, refuse to renew, revoke or suspend the license for any single activity covered by the license without affecting other activities covered by the license.
ORS Chapter 561 — . State

ORS 561.310. [Repealed by 1961 c.425 20]
ORS Chapter 561 — . State

ORS 561.315. Publication of product test reports. (1) For the purpose of this section: (a) Product means any animal, agricultural product or commodity, or any article of human or animal food, chemical or other matter that is under the supervision or jurisdiction of the State Department of Agriculture. (b) Test means an analytical, chemical or microbiological test, or any other similar test or analysis performed by the department laboratories. (2) Unless otherwise specifically provided by law, the department at least quarterly shall publish or distribute information, statistics, reports or the results of its tests of products, which show a violation of or noncompliance with a law, standard or regulation. (3) The department shall make available a copy of the results of any test performed on a product to the owner or the person in possession of the tested product.
ORS Chapter 561 — . State

ORS 561.320. [Repealed by 1961 c.425 20]
ORS Chapter 561 — . State

ORS 561.330. [Repealed by 1961 c.425 20]
ORS Chapter 561 — . State

ORS 561.340. [Repealed by 1961 c.425 20]
ORS Chapter 561 — . State

ORS 561.350. [Repealed by 1961 c.425 20]
ORS Chapter 561 — . State

ORS 561.360. [Repealed by 1961 c.425 20]
ORS Chapter 561 — . State

ORS 561.362. Activities of Oregon State University. Oregon State University shall have full authority and responsibility: (1) For resident instruction in all branches of agriculture. (2) For research and experimentation in all branches and phases of agriculture as set forth in federal and state laws creating, maintaining and defining the work of the agricultural experiment stations. (3) For educational and demonstrational work in all branches and phases of agriculture under authority of all federal and state laws creating, maintaining and defining the work of the Agricultural Extension Service. (4) For collection and dissemination of statistical information bearing upon crop and market conditions and trends of agricultural production, including agricultural outlook reports and market news reports. (5) To conduct educational work in the field of marketing, which includes information, advice and assistance relative to organizing and operating cooperative associations and marketing agencies, in accordance with the division of functions set forth in this chapter. (6) For coordinating any activities of the agricultural extension service related to a watershed enhancement project approved by the Oregon Watershed Enhancement Board under ORS 541.932 with activities of other cooperating state and federal agencies participating in the project. [Formerly 561.080]
ORS Chapter 561 — . State

ORS 561.364. Cooperation with Oregon State University. (1) In order to eliminate unnecessary duplication of effort and expense, there shall be the fullest cooperation between Oregon State University and the State Department of Agriculture, including the interchange of statistical information between the university and the department. (2) If, in the interest of economy and efficiency, either temporary or permanent, it appears advisable to have any of the laboratory or statistical work of the department performed by Oregon State University, the Director of Agriculture and the director of the experiment station shall work out a cooperative plan of operation and shall agree upon such a division of the funds available for such work as may meet with the approval of the Governor.
ORS Chapter 561 — . State

ORS 561.366. Conferences to coordinate work. The Director of Agriculture, the director of the agricultural experiment station and the director of the agricultural extension service of Oregon State University shall meet in conference at such times as may be necessary to eliminate any causes of overlapping and friction which may arise in connection with the conduct of their work; and they are authorized to invite representatives of collaborating federal agencies to participate in such conferences. [Formerly 561.100]
ORS Chapter 561 — . State

ORS 561.370. [Repealed by 1961 c.425 20]
ORS Chapter 561 — . State

ORS 561.372. State Board of Agriculture created; member qualifications; terms. (1) In order that there may be the closest correspondence between State Department of Agriculture policies and programs, the public interests and the resolution of practical agricultural problems of the state, there is created the State Board of Agriculture. (2) The Director of Agriculture, the Dean of the College of Agricultural Sciences of Oregon State University and the chairperson of the Soil and Water Conservation Commission shall serve as ex officio members of the board. The director and the dean shall be nonvoting members. The director shall act as secretary of the board. The dean may appoint a person to represent the dean on the board. (3) The Governor shall appoint nine members to the board. The members appointed to the board must be residents of Oregon. Not more than five of the members appointed to the board may belong to the same political party. Party affiliation shall be determined by the appropriate entry on official election registration cards. (4) The term of each member appointed to the board is four years. A member shall continue to serve until a successor is appointed and qualifies. Before a members term expires, the Governor shall appoint a successor. If a vacancy occurs, the Governor shall appoint a person to complete the remainder of the unexpired term. (5) A person who serves two consecutive terms on the board is not eligible for appointment to another term on the board until at least one year after the expiration of the second consecutive term. (6) The Governor shall appoint two board members who are not actively involved in the production of agricultural commodities to be representatives of the public interests. The Governor shall appoint seven board members who are actively engaged in the production of agricultural commodities. The Governor shall seek to ensure that the appointed board members who produce agricultural commodities reflect the diverse nature of agricultural commodity production within the state.
ORS Chapter 561 — . State

ORS 561.374. Compensation and expenses; organization; meetings; quorum. (1) Each member of the State Board of Agriculture may receive compensation and expenses as provided in ORS 292.495, payable from moneys appropriated or otherwise made available to the board. (2) The board shall select a chairperson from among its voting members. (3) The board shall meet once during each calendar quarter at a time and place determined by the chairperson. The board may hold additional meetings at times and places determined by the chairperson or the Director of Agriculture, or as requested by five or more members. A majority of the voting board members constitutes a quorum. An act by a majority of a quorum is an official act of the board. (4) By arrangement with the chairperson, the Director of Agriculture shall review with the board the activities of the State Department of Agriculture and, subject to policy direction by the board, outline the methods, policies and program of work for the department. [Formerly 561.140]
ORS Chapter 561 — . State

ORS 561.376. Legislative findings; State Board of Agriculture duties. (1) The Legislative Assembly finds and declares that: (a) Agriculture is an important component of the state economy; and (b) The sustainability of natural resources in the state greatly affects the well-being of the residents of the state. (2) The State Board of Agriculture shall advise the State Department of Agriculture regarding the implementation, administration and enforcement of department programs and the development of department policies designed to positively affect the agricultural industry in this state, including but not limited to programs and policies to: (a) Address the continuing changes and adjustments in agricultural industries. (b) Foster the natural resources of the state to provide ample opportunities for productive and beneficial agricultural enterprise. (c) Guide the department in ensuring the viability of the agricultural industry in this state. [2005 c.24 1] Note:
ORS Chapter 561 — . State

ORS 561.378. State Board of Agriculture report. The State Board of Agriculture shall report as provided in ORS 192.230 to 192.250 on a biennial basis to the Governor and the Legislative Assembly regarding the status of the agricultural industry in this state. [2005 c.24 2] Note: See note under
ORS Chapter 561 — . State

ORS 561.380. [Repealed by 1961 c.425 20]
ORS Chapter 561 — . State

ORS 561.390. [Repealed by 1961 c.425 20]
ORS Chapter 561 — . State

ORS 561.395. Soil and Water Conservation Commission; membership; compensation and expenses; forfeiture of office; functions. (1) In order that there may be the closest contact between the State Department of Agriculture and the various soil and water conservation districts in the state, and in order to keep the department advised as to matters of soil and water conservation in the state, there is created a Soil and Water Conservation Commission which shall consist of seven members appointed by the Director of Agriculture. (2) Each member shall be a citizen of this state and a director of a soil and water conservation district at the time of appointment. As far as practicable, the Director of Agriculture shall make appointments so that geographic areas of the state are represented on the commission. The term of each member shall be four years. A member shall continue to serve until a successor is appointed and qualified. Vacancies in office shall be filled by appointment for the unexpired term. (3) The members shall be entitled to compensation as provided in ORS 292.495. At the first meeting after July 1 of each year the commission shall select a chairperson. The commission shall meet at least four times each year on a quarterly basis, and otherwise at the call of the chairperson or the Director of Agriculture. A majority of the members shall constitute a quorum, and a majority vote of the quorum at any meeting shall constitute an official act of the commission. (4) Any member of the commission who fails to attend three consecutive meetings of the commission, whether regular, adjourned or special, shall forfeit the office unless the member is prevented from attending by the serious illness of the member or the members family or for any other cause that in the judgment of the director constitutes a valid reason for failing to attend. The director shall immediately appoint a successor. (5) The function of the commission is to advise and develop policy with the department in the administration of its duties and powers under ORS 561.400, 568.210 to 568.808 and 568.900 to 568.933.
ORS Chapter 561 — . State

ORS 561.401. Disposition of moneys collected by Natural Resources Division. All moneys received by the Natural Resources Division under ORS 561.400 shall be paid to the State Treasurer and credited to the Department of Agriculture Service Fund established by ORS 561.144. All such moneys are continuously appropriated to the State Department of Agriculture to carry out ORS 561.400.
ORS Chapter 561 — . State

ORS 561.403. Extended stream bank erosion plans; division to assist in developing plans; requirements. (1) Upon the request of any soil and water conservation district, flood control district or municipality, the Natural Resources Division of the State Department of Agriculture shall cooperate with the requester to develop an extended stream bank erosion plan. (2) An extended stream bank erosion plan shall provide for the best methods of erosion control for an extended section of stream that affects all the parties that have requested the divisions assistance in developing the plan. (3) In developing an extended stream bank erosion plan, the division shall cooperate extensively with all persons or entities interested in or affected by the erosion of the stream bank, including but not limited to landowners, persons who occupy the land adjacent to the stream, flood control districts, soil and water conservation districts, municipalities and other local government units.
ORS Chapter 561 — . State

ORS 561.407. Division responsible for obtaining available financing for plans. After completing an extended stream bank erosion plan under ORS 561.403, the Natural Resources Division, on behalf of the parties that developed the plan, shall be responsible for obtaining all available federal funding and other assistance necessary to implement the extended stream bank erosion plan. [1985 c.667 3] Note: Sections 67 and 68, chapter 13, Oregon Laws 2023, provide: Sec. 67. (1) The State Department of Agriculture shall provide grants to improve the health and safety conditions of existing agriculture workforce housing, as defined in ORS 315.163, for agricultural workers and their families. (2)(a) The department shall design an application and establish criteria by which grants awarded under this section are allocated and prioritized. (b) Before a date on which rules that relate to housing for agricultural labor are first adopted or amended by the Occupational Safety and Health Division of the Department of Consumer and Business Services and that is after the effective date of this 2023 Act [March 29, 2023], the State Department of Agriculture shall prioritize awarding grants for housing that will comply with changes to rules that are under consideration of the agricultural labor housing rulemaking advisory committee of the division. (c) Within 30 days of the adoption of rules described under paragraph (b) of this subsection, the State Department of Agriculture shall update the grant application and criteria to allow the use of grant money to comply with the new or updated rules of the division. (3) To be eligible for a grant under this section, the housing: (a) Must comply with all occupational safety or health laws, rules, regulations and standards; (b) Must be operated by a person who holds a valid indorsement as a farmworker camp operator under ORS 658.730, if an indorsement is required; (c) Must be registered as a farmworker camp with the Department of Consumer and Business Services under ORS 658.750, if the housing is farm employment-related housing, on or before 90 days following the latter of: (A) The first day of the first tax year after the grant was received; or (B) The date the housing is first occupied; (d) May not be housing that is required to be provided as part of a labor contract made under a temporary employment visa program; and (e) Must comply with any adopted rules, as described in subsection (2)(b) of this section. (4) The Occupational Safety and Health Division of the Department of Consumer and Business Services shall assist the State Department of Agriculture in establishing the application and criteria under subsection (2)(b) and (c) of this section and shall assist the department or a contractor under subsection (5) of this section in determining eligibility for a grant under subsection (3) of this section. (5) The State Department of Agriculture may enter into a contract with a third party to award or administer grants under this section. [2023 c.13 67] Sec. 68. Section 67 of this 2023 Act is repealed on January 2, 2026. [2023 c.13 68] FURNISHING SERVICES AND MATERIALS ON CREDIT
ORS Chapter 561 — . State

ORS 561.410. Departments granting of credit; invoice; payment due date. (1) The State Department of Agriculture may grant credit for services and materials furnished pursuant to the laws administered by the department. (2) The department shall prepare an itemized invoice of the services and materials furnished by the department and send the invoice to the person responsible for payment. The amount owing by the person is due and payable to the department on or before the 30th day after the date of the invoice.
ORS Chapter 561 — . State

ORS 561.430. Deposit or bond to secure payment. (1) The State Department of Agriculture may require any person to whom it has furnished or may furnish services or materials on credit to deposit and keep on deposit with the department a sum equal to an amount which the department estimates may be due for services or materials to be rendered for a period of three months. (2) The department may, in lieu of such deposit, accept a bond to secure payment for services or materials to be furnished. The deposit or posting of the bond shall not relieve the person from making payments as required by law or by ORS
ORS Chapter 561 — . State

ORS 561.450. Lien. (1) A lien hereby is created in favor of the State Department of Agriculture upon all real and personal property belonging to any person who fails to pay the department for services or materials furnished within 60 days after the due date in a sum equal to the amount due. (2) The lien, which shall be valid until paid in full, attaches upon the filing of a Notice of Claim of Lien with the county clerk of the county in which the property is located. The notice of lien claim shall contain a true statement of the amount due. The county clerk shall record the claim of lien and shall receive the same fees as are allowed by law for recording other lien instruments. (3) The lien created by this section may be foreclosed in the circuit court in the same manner provided by law for the foreclosure of other liens on real or personal property. (4) The lien created by this section is prior to all liens and encumbrances recorded subsequent to the filing of claim of lien, except taxes and labor liens. [1959 c.229 6; 1961 c.425 3] QUARANTINE POWERS
ORS Chapter 561 — . State

ORS 561.510. Quarantines; establishment by rule; content; public hearing. (1) The Director of Agriculture may adopt rules under ORS chapter 183 declaring a quarantine if the director believes that any animals, fowls, bees, fruits, vegetables, plants, parts of plants or seeds within any area or section are diseased or infested with a pest, or that any area or section is infested with a weed, and that the disease, infestation or weed is likely to spread and become detrimental to the plant or animal life of this state or to the health of citizens of the state. The director may declare the quarantine for any area or section for which the Secretary of Agriculture of the United States has not determined that a quarantine is necessary and established a quarantine. The quarantine may prohibit: (a) The movement of diseased or infested animals, fowls, bees, fruits, vegetables, plants, parts of plants or seeds or of weeds or weed seeds; or (b) Articles that might contain the disease, infestation, weeds or weed seeds or that might otherwise spread the disease, infestation or weeds into the state from outside the state or from one area or section of the state to another area or section within or outside the state. (2) Except as provided in subsection (3) of this section, the director shall hold at least one public hearing in this state before adopting a rule that declares a quarantine under this section. (3) If an emergency exists and postponement of the effective date of the quarantine would result in serious prejudice to the public health, safety or welfare, or to the health, safety or welfare of the affected parties, the director may make the quarantine effective immediately as authorized by ORS 183.355 (3)(b).
ORS Chapter 561 — . State

ORS 561.530. [Repealed by 2009 c.98 31]
ORS Chapter 561 — . State

ORS 561.540. Rules and regulations governing quarantines. (1) A quarantine authorized by ORS
ORS Chapter 561 — . State

ORS 561.545. Permits for shipments of articles subject to quarantine. The State Department of Agriculture may preapprove and issue permits for shipments of articles that are subject to a quarantine if the department finds that the articles are subject to appropriate mitigation tactics or strategies that can be enforced at the point of origin for the shipment. The department may also permit and preapprove articles that are subject to department control methods adopted by rule under ORS 570.210 or to product grades, standards or classifications adopted by the department under ORS 632.900 to 632.940, if the department finds that the articles are subject to appropriate inspection programs at the point of origin for the shipment. [2009 c.98 2] Note:
ORS Chapter 561 — . State

ORS 561.550. [Repealed by 2009 c.98 31]