reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 558 - Weather Modification › Section 558.080 - Contents of hearing notice.

The notice of hearing shall set forth all of the following:
(1) The name and post-office address of the applicant.
(2) The name and post-office address of the person on whose behalf the weather modification operation is to be conducted if other than the applicant.
(3) The nature and object of the weather modification operation which applicant proposes to conduct, including a general description of such operation.
(4) The method and type of equipment and the type and composition of the materials that the applicant proposes to use.
(5) The area in which and the approximate time during which the operation will be conducted.
(6) The area which will be affected by the operation as near as the same may be determined in advance.
(7) The time and place of the public hearing. [1953 c.654 §7; 1975 c.420 §5]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 558 - Weather Modification › Section 558.090 - Publication of notice of hearing.

The applicant shall cause the notice of hearing to be published at least once a week for two consecutive weeks in a newspaper having a general circulation and published within the county wherein the proposed operation is to be conducted and in which the affected area is located, or if the proposed operation is to be conducted in more than one county or if the affected area is located in more than one county or is located in a county other than the one in which the proposed operation is to be conducted, then such notice shall be published in like manner in a newspaper having a general circulation and published within each of such counties. In case there is no newspaper published within the appropriate county, publication shall be made in a newspaper having a general circulation within the county. The date of last publication shall be not less than three nor more than 10 days prior to the date set for hearing. [1953 c.654 §8; 1975 c.420 §6]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 558 - Weather Modification › Section 558.100 - Proof of publication.

Proof of publication shall be filed by the applicant with the State Department of Agriculture at the time of the hearing. Proof of publication shall be by copy of the notice as published, attached to and made a part of the affidavit of the publisher or foreman of the newspaper publishing the notice. [1953 c.654 §9; 1975 c.420 §7]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 558 - Weather Modification › Section 558.110 - Records and reports of operations; public examination.

(1) Each licensee shall keep and maintain a record of all operations conducted by the licensee pursuant to the license showing the method employed, the type of equipment, the type and composition of the materials used, the times and places of operation of the equipment, the name and post-office address of each person participating or assisting in the operation other than the licensee, the estimated precipitation for each licensed project, defining the gain or loss occurring from the operations, together with supporting data therefor, and such other information as may be required by the State Department of Agriculture, and shall report the same to the department at such times as it may require.
(2) The records of the department and the reports of all licensees shall be available for public examination. [1953 c.654 §10; 1975 c.420 §8]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 558 - Weather Modification › Section 558.120 - Emergency licenses.

Notwithstanding any provision of ORS 558.010 to 558.140 to the contrary, the State Department of Agriculture may grant a license permitting a weather modification operation without compliance by the licensee with the provisions of ORS 558.055 and 558.080 to 558.100, if the operation appears to the department to be necessary or desirable in aid of the extinguishment of fires, dispersal of fog, or other similar emergency. [1953 c.654 §11; 1975 c.420 §9]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 558 - Weather Modification › Section 558.135 - Revocation, suspension, refusal to issue or renew license; procedure.

(1) Where the State Department of Agriculture proposes to refuse to issue or renew a license, or proposes to revoke or suspend a license, opportunity for hearing shall be accorded as provided in ORS chapter 183.
(2) Promulgation of rules, conduct of hearings, issuance of orders and judicial review of rules and orders shall be in accordance with ORS chapter 183. [1975 c.420 §11]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 558 - Weather Modification › Section 558.140 - Appropriation for administration and enforcement.

All moneys received by the State Department of Agriculture under ORS 558.010 to 558.140, in addition to any other appropriation of funds available for the administration of ORS 558.010 to 558.140, hereby are continuously appropriated to the department for the purpose of defraying the costs and expenses incurred in the administration and enforcement of ORS 558.010 to 558.140. [1955 c.61 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 558 - Weather Modification › Section 558.203 - Application of election laws.

(1) ORS chapter 255 governs the following:
(a) The nomination and election of commissioners.
(b) The conduct of district elections.
(2) The electors of a district may exercise the powers of the initiative and referendum regarding a district measure, in accordance with ORS 255.135 to 255.205. [1983 c.350 §314]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 558 - Weather Modification › Section 558.210 - Incorporation for weather modification; limitations as to area.

Any designated area within a county bordering the Columbia River and having a population of less than 21,000, according to the latest federal decennial census, or within two or more of such counties, may be incorporated as a weather modification district for the purpose of:
(1) Causing or attempting to cause by artificial means condensation or precipitation of rain, snow, hail, moisture or water in any form contained in the atmosphere; or
(2) Preventing or attempting to prevent by artificial means the natural condensation or precipitation of rain, snow, hail, moisture or water in any form contained in the atmosphere. [1969 c.698 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 558 - Weather Modification › Section 558.235 - Treatment of forestlands as benefited property.

Forestlands within a forest protection district as defined in ORS chapter 477, shall not be considered benefited property and shall not be included in a weather modification district unless the owner of the forestlands petitions the county court having jurisdiction of the formation proceedings to have the lands of the owner included. [1969 c.698 §6; 1971 c.727 §173]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 558 - Weather Modification › Section 558.300 - General powers of district.

After the date of formation, a district shall make all contracts, hold and receive and dispose of real and personal property within and without its described boundaries and do all other acts and things which may be requisite, necessary or convenient in carrying out the objects of the district or exercising the powers conferred upon it as in ORS 558.200 to 558.440 set out and expressed, sue and be sued, plead and be impleaded in all actions and suits or other proceedings brought by or against it. [1969 c.698 §18; 1971 c.727 §177]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 558 - Weather Modification › Section 558.310 - Limitation on right to own or operate equipment.

No weather modification district shall own or operate airplanes, chemicals or other equipment or appliances for weather modification activities, but must when conducting weather modification activities hire a person licensed under the provisions of ORS 558.010 to 558.140. [1969 c.698 §60]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 558 - Weather Modification › Section 558.320 - Duty to carry liability insurance.

A weather modification district shall obtain not later than the 60th day after the date of the election forming such district and before beginning any weather modification activities liability insurance coverage of not less than $500,000 bodily injury and $500,000 property damage, to reimburse persons for damages arising from weather modification activities. [1969 c.698 §61]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 558 - Weather Modification › Section 558.340 - Tax assessment, levy and collection; boundary change.

(1) The district may assess, levy and collect taxes each year not to exceed one-fourth of one percent (0.0025) of the real market value of all taxable property within the limits of the district, computed in accordance with ORS 308.207. The proceeds of the tax shall be applied by it in carrying out the objects and purposes of ORS 558.210, 558.235, 558.300 and 558.345 and for the purpose of financing the employees’ retirement system.
(2) Any such taxes needed shall be levied in each year and returned to the county officer whose duty it is to extend the tax roll by the time required by law for city taxes to be levied and returned.
(3) All taxes levied by the district shall become payable at the same time and be collected by the same officer who collects county taxes, and shall be turned over to the district according to law. The county officer whose duty it is to extend the county levy shall extend the levy of the district in the same manner as city taxes are extended.
(4) Property shall be subject to sale for nonpayment of taxes levied by the district in like manner and with like effect as in the case of county and state taxes.
(5) For purposes of ad valorem taxation, a boundary change must be filed in final approved form with the county assessor and the Department of Revenue as provided in ORS 308.225. [1969 c.698 §26; 1971 c.727 §178; 1991 c.459 §433; subsection (5) of 2001 Edition enacted as 2001 c.138 §48]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 558 - Weather Modification › Section 558.345 - Disposal of taxes levied when organization declared invalid.

When an attempt has been made to organize a district under the provisions of ORS 558.200 to 558.440 and subsequently by a judgment of a court it has been declared that the organization is invalid, but prior to such judgment the invalid organization has levied taxes, the funds derived from the levy shall be disposed of as follows:
(1) If the area embraced in the invalid organization is embraced in a subsequently created organization composed of unincorporated or incorporated territory, or combinations thereof, for the purpose of weather modification, the custodian of the taxes collected for the invalid organization shall turn them over to the subsequent organization to be used only for the purpose of weather modification.
(2) If the subsequent organization does not embrace all territory embraced in the invalid organization, such taxes as have been collected from the levy upon property in areas not embraced in the subsequent organization shall be refunded to the payers thereof by the custodian of the taxes before the balance is turned over to the subsequent organization.
(3) If no such subsequent organization is created for weather modification, within a period of two years after the entry of the judgment of invalidation, the taxes collected shall be refunded by the custodian of them to the taxpayers who paid them. [1969 c.698 §19; 2003 c.576 §522]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 558 - Weather Modification › Section 558.350 - Employees’ retirement system.

(1) A weather modification district organized under ORS 558.200 to 558.440 may establish an employees’ retirement system. The commissioners may enter into agreements necessary to establish the system and carry out the plan and may agree to modifications of such agreements from time to time.
(2) The retirement plan may provide for retirement benefits measured on the basis of services rendered or to be rendered by an employee, either before or after the date on which such employee first becomes a member of the retirement plan. The retirement plan may provide for a minimum of years of service and a minimum and maximum age of retirement for the employee. [1969 c.698 §56]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 558 - Weather Modification › Section 558.355 - Budget for retirement system.

The district may budget and provide for payment into the fund of the retirement plan an amount sufficient:
(1) To provide on an actuarial reserve basis the amortized level premium cost of the retirement benefits which, under the provision of the retirement system, are to be provided by the district to its employees who attain the retirement age or retire in accordance with the terms of the retirement plan.
(2) To meet the actuarially computed costs of retirement benefits measured on the basis of services rendered or to be rendered by an employee before or after the date on which such employee becomes a member of the retirement plan. [1969 c.698 §57]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 558 - Weather Modification › Section 558.360 - Employee contribution.

The district may collect, as a contribution from any employee, that percentage of the salary received by the employee which is necessary to fund on an actuarial reserve basis the cost of retirement benefits which the employee is required to provide pursuant to the provisions of a retirement plan. [1969 c.698 §58]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 558 - Weather Modification › Section 558.365 - Limitation on membership.

Nothing in ORS 558.200 to 558.440 authorizes the district to budget, provide for payments or collect contributions to fund retirement benefits for an individual who is not in the employment of the district at the time of the creation of a membership status under a retirement plan. [1969 c.698 §59]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 558 - Weather Modification › Section 558.400 - Board of commissioners; powers; qualifications and terms of commissioners.

(1) The power and authority given to districts organized under ORS 558.200 to 558.440 except as therein otherwise provided is vested in and shall be exercised by a board of commissioners of the number named in the petition for formation, but not more than five. A commissioner shall be an elector registered in the district. Except as provided in subsection (2) of this section, commissioners shall serve for four-year terms.
(2) Within 10 days after issuance of the formation order, the number of commissioners named in the petition for formation who received the highest vote at the election for formation shall meet and organize, first taking and subscribing an oath of office to the effect that they will support the Constitutions of the United States and of this state and the laws thereof, and will discharge faithfully the duties of commissioner to the best of their ability. They shall determine by lot the length of term each shall hold office as follows:
(a) If there is an odd number of commissioners, a majority shall have a term expiring June 30 following the first regular district election after formation of the district and a minority shall have a term expiring June 30 following the second regular district election.
(b) If there is an even number of commissioners, the commissioners shall be divided into two equal groups as to terms. One group shall have a term expiring June 30 following the first regular district election after the formation election and the other group shall have a term expiring June 30 following the second regular district election.
(3) The board of commissioners shall fill any vacancy on the board as provided in ORS 198.320. [1969 c.698 §29; 1971 c.727 §179; 1973 c.796 §71; 1975 c.647 §48; 1983 c.83 §103; 1983 c.350 §312; 1983 c.740 §218]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 558 - Weather Modification › Section 558.410 - Board meetings; officers; quorum; employing assistance; employee benefits.

(1) The commissioners shall hold meetings at such time and place within the district as they may determine upon. Such meetings must be open to the public. They shall hold at least one regular meeting in each month on a day to be fixed by them, and may hold special meetings under such rules as they may make.
(2) The commissioners shall, at the time of their organization, choose from their number a chairperson, a secretary and a treasurer, who shall hold their offices until the first regular meeting in July, or until their successors are elected and qualified. These officers shall have, respectively, the powers and shall perform the duties usual in such cases and shall be known as the president, secretary and treasurer of the district. A majority shall constitute a quorum to do business and, in the absence of the chairperson, any other member may preside at any meeting.
(3) The commissioners may employ such engineers, superintendents, mechanics, clerks or other persons as they may find requisite, necessary or convenient in carrying on any work of the district and at such rate of remuneration as they may deem just.
(4) The commissioners may provide life insurance and retirement or pension plans for employees of a weather modification district, provided the insurer issuing such policy is licensed to do business in the State of Oregon. [1969 c.698 §31; 1971 c.23 §11; 1971 c.403 §13; 1973 c.796 §72]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 558 - Weather Modification › Section 558.415 - Procedure to increase number of commissioners.

(1) This section establishes the procedure that a district having fewer than five commissioners shall use to decide whether the number of commissioners should be increased to five. The proposition to increase the number shall be decided by election. The proposition shall be submitted at the next regular district election if a petition requesting an election on the proposition is filed as provided in this section. The requirement for preparing, circulating and filing a petition under this section shall be as provided for an initiative petition in ORS 255.135 to 255.205.
(2) If a petition is filed under subsection (1) of this section, electors in the district may be nominated for the proposed additional position or positions under ORS 255.235. The electors of the district voting at the regular district election at which the proposition is submitted shall vote for candidates to fill the proposed additional position or positions.
(3) If the proposition is approved by the electors of the district, the additional commissioner or commissioners, after first taking and subscribing the oath of office, shall be elected to the following terms:
(a) If one additional commissioner is elected under this section, the term of that commissioner shall expire June 30 next following the next regular district election at which less than one-half of the commissioners, including the additional commissioner, are elected.
(b) If more than one additional commissioner is elected, at the first regular meeting of the board after the newly elected commissioners take office, the newly elected commissioners shall determine by lot the length of term each shall hold office in a manner so as to comply with ORS 558.400 (2). [1969 c.698 §32; 1973 c.796 §73; 1975 c.647 §49; 1983 c.83 §104; 1983 c.350 §315; 1987 c.158 §118]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 558 - Weather Modification › Section 558.430 - Deposit and withdrawal of moneys; annual reports; records.

(1) All moneys of the district shall be deposited in one or more banks, to be designated by the commissioners; and shall be withdrawn or paid out only when previously ordered by vote of the commissioners, and upon checks signed by the treasurer and countersigned by the chairperson, or in the absence of the chairperson or inability of the chairperson to act, by the secretary. A receipt or voucher, showing clearly the nature and items covered by each check drawn, shall be kept on file.
(2) Annual reports shall be made and filed by the chairperson, secretary and treasurer, and at least once in each year a full and complete itemized statement of receipts and expenditures shall be published in a newspaper of general circulation, published in the county in which the district is situate.
(3) All the proceedings of the commissioners shall be entered at large in a record book. All books, maps, plans, documents, correspondence, vouchers, reports and other papers and records pertaining to the business of the district shall be carefully preserved and shall be open to inspection as public records in the office of the county clerk of the county in which the greater part of the district is located. [1969 c.698 §36]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 561.005 - Definitions.

As used in this chapter, unless the context requires otherwise:
(1) "Board" means the State Board of Agriculture.
(2) "Department" means the State Department of Agriculture.
(3) "Director" means the Director of Agriculture. [1959 c.639 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 561.010 - Department created; director, appointment, confirmation and term.

There is created a department of the government of this state to be known as the State Department of Agriculture. The executive officer of the department shall be the Director of Agriculture who shall execute all matters pertaining to the department, subject to policy direction by the State Board of Agriculture. The director shall be appointed by the Governor, subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565, and shall serve during the pleasure of the Governor. [Amended by 1959 c.639 §3; 1973 c.792 §24; 1977 c.198 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 561.020 - Responsibility of department as to inspectional, regulatory and development work.

(1) The State Department of Agriculture shall have full responsibility and authority for all the inspectional, regulatory and market development work provided for under the provisions of all statutes which the department is empowered and directed to enforce.
(2) The department shall encourage and work toward long-range planning to develop and promote the agricultural resources of Oregon that they may contribute as greatly as possible to the future economy of the state.
(3) The Director of Agriculture shall coordinate any activities of the department 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.
(4) The Director of Agriculture shall conduct any activities of the department in a manner consistent with the goal set forth in ORS 468B.155. [Amended by 1955 c.572 §8; 1959 c.639 §4; 1987 c.734 §15; 1989 c.833 §62]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 561.030 - Seal; principal office; authority to acquire real property.

(1) The State Department of Agriculture shall adopt an official seal. It shall maintain its principal office in the state capital at Salem.
(2) The department may acquire and hold, by purchase, agreement or donation, real property or any rights or interest determined actually necessary by the department for:
(a) The grading and inspection of any horticultural and agricultural products, or of any establishment or device used in the production or processing of horticultural and agricultural products;
(b) The investigation and analysis of horticultural and agricultural products, including laboratories and greenhouse or field growing areas; and
(c) The storage and maintenance of equipment, vehicles and supplies used by the department in carrying out any law under its jurisdiction.
(3) The authority granted in subsection (2) of this section does not extend to real property used or to be used as the principal administrative office of the department.
(4) As used in this section "horticultural and agricultural products" has the meaning for that term provided in ORS 632.900. [Amended by 1959 c.639 §5; 1981 c.63 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 561.040 - Organization.

Subject to policy direction by the State Board of Agriculture, the Director of Agriculture shall organize and reorganize the work of the State Department of Agriculture. [Amended by 1955 c.572 §9; 1959 c.639 §6; 1977 c.198 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 561.060 - Salaries and bonds of employees.

(1) The Director of Agriculture shall execute bonds to the State of Oregon in the penal sum of $20,000, conditioned upon the faithful performance of the duties of director.
(2) Subject to any applicable provisions of the State Personnel Relations Law, the chiefs of divisions and other employees of the State Department of Agriculture shall receive such salaries and wages as the director determines.
(3) The chiefs of divisions and other employees of the department designated by the director shall execute bonds to the state, conditioned upon the faithful performance of their duties, in such amounts as the director determines. [Amended by 1959 c.639 §8]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 561.070 - Assistants and employees; appointment, classification and duties.

(1) The Director of Agriculture may employ veterinarians, chemists, bacteriologists and other experts, inspectors, accountants, stenographers, clerks or other help necessary to carry out efficiently the work of the State Department of Agriculture. The director may assign duties and responsibilities to each officer and employee of the department.
(2) The director may at any time designate or appoint any officer or employee of the department to act as assistant director of agriculture and may terminate such designation or appointment at any time, with or without cause. The assistant director of agriculture may perform such duties of the director as may be prescribed by the director.
(3) If the director appoints any research analysts pursuant to subsection (1) of this section, two of such research analysts may be members of unclassified service as provided in ORS chapter 240. [Amended by 1957 c.451 §1; 1967 c.208 §8]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 561.075 - Reports to director; publications.

(1) The Director of Agriculture may call for such reports, statistics and information as the director may desire, from time to time, from any division chief or employee of the State Department of Agriculture.
(2) The director may, from time to time, cause to be published and distributed to the public in pamphlet form, or such other form as the director may deem best, such information as the director may judge to be of assistance in carrying on any of the work or purposes for the administration or for the carrying on of which the department is established.
(3) All printing of such reports, pamphlets or other literature shall be done by the Oregon Department of Administrative Services.
(4) Unless otherwise provided by law, the State Department of Agriculture may establish charges for any publication produced by it as authorized by subsection (2) of this section. Such charges shall be in amounts sufficient to cover the costs of preparation, printing, mailing and handling of each publication. [Formerly 561.180]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 561.110 - Conferences between director and division chiefs; action by director.

In conference with the chiefs of the divisions there shall be full and free discussion of the agricultural policies of the State Department of Agriculture, the administrative problems of divisions, the coordination of the departmental activities and methods for increasing the efficiency and reducing the cost of operation of the department. On the basis of these conferences the Director of Agriculture may take such steps as in the judgment of the director will increase the economy and efficiency of the department. The director shall give especial attention to the full utilization of stenographic, office and laboratory forces, automobiles and other equipment. The director may require that deputies and other employees do work for more than one division of the department and shall take such measures as may be necessary to avoid duplication of costs of transportation and maintenance.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 561.130

[Amended by 1957 c.479 §1; 1959 c.639 §9; 1971 c.281 §1; 1977 c.198 §3; 2005 c.24 §3; renumbered 561.372 in 2005]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 561.140

[Amended by 1957 c.479 §2; 1959 c.639 §10; 1967 c.208 §1; 1969 c.314 §64; 1971 c.281 §2; 1977 c.198 §4; 1995 c.79 §308; 2005 c.24 §4; renumbered 561.374 in 2005]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 561.144 - Department of Agriculture Service Fund; sources.

(1) The State Treasurer shall establish a Department of Agriculture Service Fund, which shall be a trust fund separate and distinct from the General Fund. The State Department of Agriculture shall deposit all license and service fees paid to it under the provisions of the statutes identified in subsection (3) of this section in the Department of Agriculture Service Fund. The State Treasurer is the custodian of this trust fund, which shall be deposited by the treasurer in such depositories as are authorized to receive deposits of the General Fund, and which may be invested by the treasurer in the same manner as authorized by ORS 293.701 to 293.857.
(2) Interest received on deposits credited to the Department of Agriculture Service Fund shall accrue to and become a part of the Department of Agriculture Service Fund.
(3) The license and service fees subject to this section are those described in ORS 561.400, 561.740, 570.710, 571.057, 571.063, 571.145, 586.270, 596.030, 596.100, 596.311, 599.235, 599.269, 599.406, 599.610, 601.040, 602.090, 603.025, 603.075, 616.706, 618.115, 618.136, 619.031, 621.072, 621.166, 621.266, 621.297, 621.335, 621.730, 622.080, 625.180, 628.240, 632.211, 632.600, 632.720, 632.730, 632.741, 632.940, 632.945, 633.015, 633.029, 633.318, 633.362, 633.462, 633.465, 633.680, 633.700, 633.720, 634.016, 634.116, 634.122, 634.126, 634.132, 634.136, 634.212 and 635.030. [1979 c.499 §4; 1981 c.248 §21; 1982 s.s.1 c.4 §15; 1985 c.787 §7; 1987 c.905 §36; 1991 c.624 §2; 1993 c.720 §7; 1995 c.450 §6; 1997 c.410 §2; 2001 c.21 §6; 2001 c.914 §27; 2003 c.81 §13; 2007 c.71 §177; 2007 c.577 §3; 2009 c.897 §5; 2013 c.84 §2; 2013 c.85 §3; 2013 c.118 §2; 2013 c.120 §2; 2015 c.514 §11; 2021 c.97 §67]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 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. [Amended by 1979 c.499 §2; 1999 c.59 §176; 2011 c.597 §231]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 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. [1959 c.682 §3; 1967 c.208 §2; 1973 c.275 §1; 1979 c.183 §1; 1985 c.623 §7]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 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:
561.157 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 561 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 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.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 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. [Amended by 1959 c.229 §12; 1967 c.208 §9]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 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 561.260]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 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.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 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:
561.191 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 561 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 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. [1955 c.76 §1; 1971 c.734 §26]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 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 561.194, hereby are continuously appropriated to the department for the purpose of paying the cost of publication of the code of regulations. [1955 c.76 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 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 officer’s, agent’s or employee’s 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.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 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. [1955 c.11 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 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. [1955 c.11 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 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. [1957 c.478 §2; 1963 c.251 §1; 1967 c.437 §1; 1967 c.637 §§10,10a; 1993 c.21 §1; 1995 c.79 §309; 2007 c.422 §1; 2009 c.187 §1]