reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 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. [1957 c.480 §§2,3,4; 1959 c.596 §69; 1959 c.685 §30; 2003 c.604 §103]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 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:
561.258 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 561.265 - 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. [1961 c.425 §2; 1973 c.794 §26]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 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. [1967 c.437 §5]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 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. [1967 c.437 §6; 2003 c.14 §349; 2013 c.85 §4]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 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. [1959 c.229 §9]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 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. [1967 c.437 §4; 1993 c.536 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 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. [1975 c.758 §2; 2005 c.22 §382; 2009 c.404 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 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. [1959 c.229 §11; 1985 c.353 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 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. [1969 c.131 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 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]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 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. [Formerly 561.090; 2015 c.767 §181]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 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]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 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 member’s 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. [Formerly 561.130; 2009 c.290 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 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]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 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:
561.376 and 561.378 were enacted into law by the Legislative Assembly but were 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 561.378 - 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 561.376.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 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 member’s 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. [1981 c.92 §2; 2005 c.24 §5]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 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. [1991 c.624 §4]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 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 division’s 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. [1985 c.667 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 561.410 - Department’s 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. [1959 c.229 §2; 1963 c.373 §1; 2003 c.641 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 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 561.410.
(3) If such person files a written statement with the department that services or materials of the department are no longer required, the department, upon receipt of all payments due, shall refund to the person all deposits remaining to the person’s credit and shall cancel any bond given under this section. [1959 c.229 §5]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 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]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 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). [Amended by 2009 c.98 §18; 2017 c.518 §8]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 561.540 - Rules and regulations governing quarantines.

(1) A quarantine authorized by ORS 561.510 shall be subject to such rules and regulations as the Director of Agriculture deems necessary for the protection of the public welfare.
(2) The movement of any animals, bees, fruits, vegetables, plants, parts of plants, fowls, seeds or articles liable to contain weeds or weed seeds or to spread disease or infestation, which are subject to quarantine, may be permitted subject to such regulations as the director may prescribe.
(3) Any such diseased or infested animals, fowls, bees, fruits, vegetables, plants, parts of plants, seeds, weeds, weed seeds and any articles, structures or lands within any quarantine area or section within this state shall be subject to such regulations for the eradication of such disease, infestation or weeds as the director may prescribe.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 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:
561.545 was added to and made a part of ORS chapter 561 by legislative action but was not added to any smaller series therein. 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 561.560 - Emergency quarantine; publication of notice; powers of Governor; duration.

(1) The Director of Agriculture shall issue a written order declaring a quarantine if the director determines that:
(a) A disease or an infestation has a significantly adverse effect on plants, animals, fowls or bees;
(b) The disease or infestation is not widely prevalent or distributed within this state;
(c) The disease or infestation exists in another state, territory or country or in any locality within this state; and
(d) Following the procedure for declaring a quarantine by rule under ORS 561.510 would create a serious danger of the disease or infestation spreading within the state during the time required by the procedure.
(2) The written order declaring the quarantine shall prohibit the movement into or within the state of any plants, animals, fowls, bees or articles that are likely to spread the disease or infestation. The director may amend the order as the director considers necessary. The director shall sign the written order and any amendments to the order.
(3) The director shall file all quarantine orders and amendments to the orders with the Secretary of State. The director shall give notice of the quarantine orders and amendments to the orders by publication in a newspaper of general circulation in the quarantine area and by one or more additional methods that reasonably ensure that affected persons and other members of the public have knowledge of the quarantine order or amendment. A quarantine order or amendment to an order is effective upon filing with the Secretary of State. A person may not carry, move or transport any plants, animals, fowls, bees or articles specified in a quarantine order or amendment from the quarantined area into or through any part of the state, except as provided in the order or amendment. The State Department of Agriculture shall keep a record of the methods used to provide notice under this subsection for each quarantine order or amendment to an order.
(4) A quarantine created by a written order issued under this section may not remain in effect more than 180 days after the first publication of notice under subsection (3) of this section. However, a quarantine for a longer period may be declared under ORS 561.510, to take effect at or before the expiration of the 180-day period.
(5) The Governor by filing an order with the Secretary of State may terminate a quarantine ordered by the director under this section. If the Governor terminates a quarantine under this subsection, the director must obtain the approval of the Governor before issuing any additional quarantine order or amendments under this section for the same disease or infestation. [Amended by 1969 c.150 §1; 1971 c.734 §85; 2009 c.98 §19; 2015 c.203 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 561.580 - Cooperation with United States and other states with respect to quarantines.

(1) In order to prevent unnecessary and conflicting regulations on commerce, the State Department of Agriculture shall cooperate with the United States and other states in establishing a uniform system of quarantine and laws and rules and regulations governing quarantines, both as to animals, fowls, plants, insects and other plant pests and seeds, subject to quarantine, manner of enforcing quarantine and manner of treating infested animals, fowls, plants, seeds and articles containing insects or other plant pests. As used in this section, "plant pests" has the meaning given that term in ORS 570.001.
(2) The Director of Agriculture shall suggest to the Governor, from time to time, any changes in the laws of this state or any additional laws that will tend to unify the quarantine laws of the United States, this state and other states of the United States.
(3) Whenever the director deems it to be of advantage toward carrying out the purpose of this section, the director may forward to the United States Department of Agriculture copies of proposed rules and regulations to govern quarantines in this state and request suggestions from the United States Department of Agriculture tending toward uniform provisions governing quarantines throughout the several states. [Amended by 2015 c.203 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 561.585 - Quarantine notice summary.

When the State Department of Agriculture is required to give notice of an order of quarantine or rules pertaining to a quarantine by publication in a newspaper, or by the use of one or more methods in addition to publication in a newspaper, the department may at its discretion satisfy the notice requirement by providing a brief concise summary statement of the contents of the order or rules and notice that complete copies of the order or rules are on file and can be obtained from the department and the Secretary of State. [1961 c.118 §3; 2015 c.203 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 561.590 - Violation of quarantine prohibited.

From and after the time that any quarantine order of the Director of Agriculture becomes effective it shall be unlawful for any person, firm or corporation to violate, either in whole or in part, any of the provisions of such order, or of any rule or regulation promulgated in connection therewith.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 561.605 - Detention, seizure or embargo of agricultural products; labeling; notification.

(1) In order that the rights of consumers, property owners or other affected persons may be protected and procedures made uniform the State Department of Agriculture, its agents, employees or officials, shall observe the procedure prescribed by ORS 561.605 to 561.620 whenever it becomes necessary for the department to detain, seize or embargo any food, article or product under any law the administration of which is vested in the department.
(2) The department shall cause to be affixed to the products being detained, seized or embargoed, a notice that the products are being detained, seized or embargoed by the department and warning all persons that they may not be removed from the place at which they are being held without written permission from the department.
(3) The department shall notify in writing the owner or person in possession of the products that the products are being detained, seized or embargoed by the department. If the person in possession of the products is not the owner, the department shall make a reasonable effort to notify the owner. Such notice shall state the reason for the department’s action, and shall notify the owner or person in possession of the right to be heard before the department in opposition to the action. [Formerly part of 616.095]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 561.610 - Request for hearing; when held.

(1) A request of the State Department of Agriculture for a hearing on the propriety of the detention, seizure or embargo and related matters must be filed with the department in writing within 10 days of receiving actual notice of such action. The request may be filed either by the owner or the person in possession but the time limited for filing such request is to be computed from the time the required notice is first received by either of such persons. When the department receives a request for a hearing, it shall designate the time and place of hearing.
(2) The hearing shall not be held sooner than 10 days after the request for a hearing has been received by the department. However, if the subject matter of the department’s action is perishable goods, or if, in the opinion of the department, other good and sufficient reason appears, the hearing may, at the request of the owner or person in possession of such goods, be held at an earlier date. [Formerly part of 616.095]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 561.615 - Conduct of hearing; action by department.

(1) The hearing shall be conducted by an administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605. The hearing shall be conducted as provided for contested cases under ORS chapter 183.
(2) If it appears that the products are not being stored, sold, kept, offered or exposed for sale in violation of law, the products shall be released to the owner or person in possession. If it appears that all or part of such products may be reconditioned or relabeled or segregated in such a way as to comply with state laws, the owner or person in possession may cause them to be reconditioned, relabeled or segregated at the owner’s or person’s own expense, after which the department shall release them. If it appears that all or a part of the products may not be reconditioned, relabeled or segregated in such a way as to comply with state laws, that portion of the products which may not be so treated shall be destroyed, unless the owner or person in possession executes and delivers to the department a good and sufficient bond to the effect that the products shall not be sold, disposed of or used contrary to the laws of Oregon and the rules, regulations or orders thereunder promulgated. If any food products are found to be unfit for human consumption but suitable for animal feeding, such food products may be used for animal feeding as permitted by the department. [Formerly part of 616.095; 1971 c.734 §88; 1999 c.849 §§119,120; 2003 c.75 §47]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 561.620 - Procedure when products disposed of; salvage.

(1) In the event that the owner or person in possession does not request a hearing on the propriety of the seizure, detention or embargo within the time limited for making such request, the State Department of Agriculture may summarily destroy or otherwise dispose of the subject matter of the action, or, if the owner or person in possession of such products does not within 30 days after the hearing either comply with the orders of the department as to reconditioning, relabeling or segregating or perfect an appeal to the circuit court, the department may summarily destroy or otherwise dispose of the subject matter of the action.
(2) If it appears to the department that there is a reasonable possibility that a product is capable of salvage and the owner or person in possession does not seek to regain custody within the time and in the manner provided in ORS 561.605 to 561.620, the department may dispose of the product so as to obtain such salvage. Any salvage so recovered shall, after paying the costs of sale or disposition and including storage, if any, be remitted to the true owner, if known, or if not known, then to the person in possession. A sale or disposition for salvage shall be upon such conditions as to labeling, reconditioning or segregation as the department deems necessary to comply with the law relating to such product. [Formerly part of 616.095]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 561.625 - When hearing not required.

Nothing in ORS 561.605 to 561.630, 616.225, 632.485 and 633.670 shall be construed as requiring that a hearing be held in connection with the seizure or embargoing of illegal or suspected products or as prohibiting the release, destruction or other disposition of such products by agreement between the State Department of Agriculture and the owner or person in possession of such products. [Subsection (1) of 1965 Replacement Part formerly 616.100; subsection (2) of 1965 Replacement Part formerly part of 616.095; 1967 c.437 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 561.630 - Removing or defacing seizure or embargo notice unlawful.

No person shall remove or deface any notice placed upon products seized or embargoed by the State Department of Agriculture, or move any such products from the place designated in the notice without written permission from the department. [Formerly 616.110]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 561.700 - New Crops Development Board; membership; terms; compensation and expenses.

(1) The New Crops Development Board is created within the State Department of Agriculture. The board shall consist of nine voting members appointed by the Director of Agriculture. In addition to the voting members, the Director of the Oregon State University Experiment Station or the designee of the director and the Director of the Department of Environmental Quality or the designee of the director shall be nonvoting ex officio members of the board.
(2) The term of each voting member is four years, but a member serves at the pleasure of the Director of Agriculture. Before the expiration of the term of a voting member, the director shall appoint a successor. A voting member is eligible for reappointment. If there is a vacancy for any cause, the director shall make an appointment to become immediately effective for the unexpired term.
(3) Each voting member of the board shall be a citizen of this state and actively engaged in some segment of the agricultural crop industry. As far as practicable, the Director of Agriculture shall make appointments so that the various geographic areas of the state and segments of the agricultural crop industry are represented on the board.
(4) To the extent that moneys received pursuant to ORS 561.720 are available therefor in the Department of Agriculture Service Fund, a member of the board is entitled to compensation and expenses as provided in ORS 292.495. [1983 c.501 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 561.710 - Officers; quorum; meetings.

(1) The New Crops Development Board shall select one of its members as chairperson and another as vice chairperson, for such terms and with such duties and powers necessary for the performance of the functions of such offices as the board determines.
(2) A majority of the voting members of the board constitutes a quorum for the transaction of business.
(3) The board shall meet at such times and places as may be specified by the call of the chairperson or of a majority of the voting members of the board. [1983 c.501 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 561 - State Department of Agriculture › Section 561.720 - Duties; authority.

In order to facilitate research and development of new or alternative crops in this state and to implement the responsibilities of the State Department of Agriculture under ORS 561.020 (2), the New Crops Development Board:
(1) Shall review new or alternative agricultural crops research or development proposals, and for this purpose may consult with the appropriate persons in universities, research institutions, business enterprises or other public or private bodies.
(2) May accept contributions, gifts or grants from any public or private source.
(3) May make grants and disbursements of funds to, and enter into agreements with, public or private agencies, schools, organizations, institutions or individuals, for the research, study, experimentation or development of new or alternative crop production, processing or uses.
(4) Shall review and evaluate the results of all grants and agreements.
(5) May act as a clearinghouse for information and reports involving the research, study, experimentation or development of new or alternative crop production, processing, markets or uses.
(6) May act as liaison between those engaged in the research, study, experimentation or development of new or alternative crop production, processing, markets or uses. [1983 c.501 §4; 1985 c.623 §8]