reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 569 - Weed Control › Section 569.480 - Eligibility for grants.

No person shall be eligible for a cost-share assistance grant under ORS 569.370 and 569.470 to 569.495 unless:
(1) A weed control inspector has:
(a) Conducted a field inspection of the weed control site;
(b) Approved the eligible person’s plan for implementing a weed control project; and
(c) Certified that specific expenditures are appropriate for implementation of the project.
(2) The eligible person has made certified expenditures for the purpose of implementing an approved weed control project. Adequate proof of such expenditures shall consist of:
(a) Receipts, invoices or other evidence indicating the amount and cost of the project; and
(b) Such other weed control information as the county court or commission may require. [Formerly 570.590]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 569 - Weed Control › Section 569.490 - Department funds for grants; reports by county.

(1) Subject to ORS 291.232 to 291.260, the State Department of Agriculture may distribute in the manner prescribed in subsection (3) of this section to each county court an amount equal to 50 percent of the amount of cost-share assistance grants actually provided by the county court to eligible persons pursuant to ORS 569.470 to 569.480.
(2) Any funds available and received by any county court under this section shall be placed in the county’s weed control fund and shall be expended by the county court to carry out the purposes of ORS 569.370 and 569.470 to 569.495.
(3) Each county court receiving funds under this section shall report to the department, at such times as the department shall require:
(a) The total number of eligible owners who have received cost-share assistance grants under ORS 569.470; and
(b) Any other weed control information the department shall require to carry out the purposes of ORS 569.370 and 569.470 to 569.495. The department shall make any necessary adjustments in the amounts due each county court at such times as the department determines appropriate in order to avoid overpayment. [Formerly 570.595]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 569 - Weed Control › Section 569.495 - Financial assistance by department for weed control; limit on county responsibility.

(1) The State Department of Agriculture may provide financial assistance to counties to promote the implementation of noxious weed control projects.
(2) Notwithstanding any other provision of ORS 569.370 and 569.470 to 569.495, a county court is not required to perform any duty, function or power provided in ORS 569.370 and 569.470 to 569.495 unless the department provides financial assistance to the county pursuant to subsection (1) of this section. [Formerly 570.600]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 569 - Weed Control › Section 569.515 - Legislative findings.

The Legislative Assembly finds and declares that:
(1) Noxious weeds present a serious threat that adversely affects industries vital to the Oregon economy, including but not limited to the agriculture, forestry, fishing and tourism industries;
(2) Failure to control the spread of noxious weeds in Oregon will reduce the productivity of Oregon industries and adversely affect marketing by those industries, resulting in a loss of business and the loss of existing jobs;
(3) The use of aggressive measures to control the spread of noxious weeds will improve the actual and perceived quality of Oregon products and further the promotion and expansion of markets for those products; and
(4) The control of noxious weeds through county weed control district programs will benefit Oregon’s economy by preventing the loss of existing jobs, by promoting and expanding Oregon business and by preventing the decline of Oregon business. [2011 c.392 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 569 - Weed Control › Section 569.520 - Grants for carrying out county weed control district duties; rules.

(1) The State Department of Agriculture shall establish a grant program for the purpose of assisting counties in carrying out weed control district duties, functions and powers under ORS 569.360 to 569.495. After deducting department administrative expenses for the program, the department shall apply the balance of moneys received for the grant program to fund grants as described in this section.
(2) A county qualifies for a grant under this section if the county has:
(a) Established a weed control district under ORS 569.360 to 569.495;
(b) Provided county moneys to carry out the duties, functions and powers of the district in an amount that equals or exceeds the grant amount available to the county under this section; and
(c) Complied with any department rules adopted under this section.
(3) The department may establish rules for carrying out the grant program described in this section. The rules may include, but need not be limited to, rules:
(a) Requiring that priority in the use of grant moneys be given to noxious weed control projects that restore, enhance or protect water quality, watersheds and riparian habitats;
(b) Requiring a participating county to report to the department concerning the use of grant moneys by the county; and
(c) Adopting a methodology for the recovery of the direct and indirect costs necessarily incurred as administrative expenses for the grant program. [2011 c.392 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 569 - Weed Control › Section 569.600 - State Weed Board; membership; terms.

(1) The State Weed Board is created in the State Department of Agriculture. The board shall consist of seven members appointed by the Director of Agriculture as follows:
(a) At least two members shall be residents of that portion of the state east of the summit of the Cascade Mountains.
(b) At least two members shall be residents of that portion of the state west of the summit of the Cascade Mountains.
(c) Two members shall be selected from among those individuals recommended by the Association of Oregon Counties.
(d) The director or a designee of the director shall serve as a member.
(2) The term of each member is four years, but a member serves at the pleasure of the director. Before the expiration of the term of a member, the director shall appoint a successor. A 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) As used in subsection (1) of this section, "summit of the Cascade Mountains" means a line beginning at the intersection of the northern boundary of the State of Oregon and the western boundary of Hood River County; thence southerly along the western boundaries of Hood River, Wasco, Jefferson, Deschutes and Klamath Counties to the southern boundary of the State of Oregon. [Formerly 561.650; 2021 c.97 §68]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 569 - Weed Control › Section 569.610 - Officers; quorum; meetings.

(1) The State Weed Board shall select one of its members as chairperson and another as vice chairperson, for such terms and with duties and powers necessary for the performance of the functions of those offices as the board determines appropriate.
(2) A majority of the members of the board constitutes a quorum for the transaction of business.
(3) The board shall meet at such times and places as are specified by the call of the Director of Agriculture or the chairperson. [Formerly 561.670]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 569 - Weed Control › Section 569.615 - Duties of board.

The State Weed Board shall:
(1) Act in conjunction with the State Department of Agriculture to identify those weeds growing in this state that represent the greatest public menace and establish those weeds as the top priority for action by weed control programs in this state.
(2) Assist the Director of Agriculture in allocating moneys made available to the State Department of Agriculture for the payment of weed control expenses to weed control programs conducted in the various counties on the basis of the plan implemented under ORS 569.620.
(3) Help the department to coordinate the weed control program efforts of the various counties and advise the director in performing weed control duties, functions and powers assigned to the State Department of Agriculture. [Formerly 561.680]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 569 - Weed Control › Section 569.620 - Implementation of weed control effort improvement plan.

(1) The State Department of Agriculture, in conjunction with the State Weed Board, shall implement a board plan to improve the effectiveness of noxious weed control efforts by weed control districts, state agencies and others within this state. The department shall act as the primary state agency for assisting weed control districts, state agencies and others in coordinating their noxious weed control efforts.
(2) The department and the board shall initiate and actively pursue efforts to secure an optimum level of federal and private funding for noxious weed control efforts in this state. The department and the board shall give priority under this subsection to securing funding for noxious weed control projects that are consistent with the plan implemented under subsection (1) of this section. [Formerly 561.683]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 569 - Weed Control › Section 569.990 - Violations punishable by fine.

(1) Violation of a provision of ORS 569.175 to 569.195 or a rule adopted under ORS 569.175 to 569.195 is a Class B violation.
(2) Violation of a provision of ORS 569.360 to 569.495 is a Class A violation. [2009 c.98 §9(1),(3); 2011 c.9 §77]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 569 - Weed Control › Section 569.995 - Civil penalties.

In addition to any applicable fine under ORS 569.990 or other penalty, a person that violates any provision of ORS 569.175 to 569.195 or 569.360 to 569.495 or a rule adopted under ORS 569.175 to 569.195 is subject to the imposition of a civil penalty by the State Department of Agriculture. A civil penalty the department imposes under this section may not exceed $10,000. [2013 c.195 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.001 - Definitions.

As used in ORS 570.010 to 570.050, 570.105 to 570.190, 570.210 to 570.225, 570.320 to 570.360 and 570.405:
(1) "Infected" means any appearance of a disease on trees or plants that may be a menace to horticultural or farm crops.
(2) "Infested" means when the adult, egg, larvae or pupae of an insect or other plant pest is found in such numbers as, in the opinion of the State Department of Agriculture, to be a menace to horticultural or farm crops.
(3) "Plant pest" means:
(a) A disease, microscopic organism, insect, nematode, arthropod, parasite or a noxious weed as defined in ORS 569.175, capable of having a significant adverse effect on the environmental quality of this state or of causing a significant level of economic damage in this state, including but not limited to damage to agricultural, horticultural or forest plants, crops, commodities or products; and
(b) Any biotic agent identified in an order or rule of the department as capable of having a significant adverse effect on the environmental quality of this state, or of causing a significant level of economic damage in this state, including but not limited to damage to agricultural, horticultural or forest plants, crops, commodities or products. [2015 c.203 §4]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.010 - County horticultural inspectors; appointment; term; powers and duties.

(1) Upon petition of not less than 25 resident fruit growers of any county of this state, the governing body of a county may, subject to the approval of the Director of Agriculture, appoint a county horticultural inspector, whose duties are:
(a) To inspect orchards, nurseries, trees, shrubs, vines, fruits, vegetables, plants, packing houses, warehouses, storerooms, farms and other places within the county.
(b) To visit and inspect the fruit drying and packing plants while the plants are in operation.
(c) To enforce the regulations required by the State Department of Agriculture governing the handling, drying and packing of apples, loganberries or other fruits evaporated and packed for human consumption.
(d) To enforce all laws of the state relating to insects or other plant pests that affect trees, vines, plants of any kind or fruit or vegetables of any kind and all other horticultural laws, rules and regulations of the state.
(2) The county horticultural inspector shall hold office during the pleasure of the county governing body. [Amended by 1971 c.397 §1; 2013 c.120 §3; 2015 c.203 §5]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.015 - Deputy inspectors.

Upon a petition of not less than 25 resident fruit growers of any county of this state, the county court of such county may, subject to the approval of the Director of Agriculture, appoint one or more deputy county horticultural inspectors. Each deputy inspector shall hold office during the pleasure of the county court and shall have and perform all the powers and duties of a county horticultural inspector.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.020 - Inspectors may enter premises.

The county horticultural inspectors, deputy county horticultural inspectors and all other persons authorized to enforce the horticultural and inspection laws of Oregon may enter upon or into any premises, land, buildings, enclosures or other places for the purpose of:
(1) Inspecting any article that is subject to or may be subject to infestation with any insect or other plant pest injurious to any article that grows upon, in or from the soil by processes of plant growth, or the eggs, larvae or pupae of an insect or other plant pest injurious to an article or articles; or
(2) Enforcing any of the laws of this state relating to horticultural quarantine or horticultural inspection or the abatement of horticultural nuisances or any other duties imposed by law upon the inspectors and other persons authorized to enforce the inspection and horticultural laws of Oregon. [Amended by 2015 c.203 §6]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.025 - Instruction, education and supervision of inspectors; reports.

The State Department of Agriculture shall instruct and educate the county and deputy county horticultural inspectors as to the laws and quarantine regulations of the state, and the rules and regulations of the department. The inspectors shall perform their duties under the general supervision of the department, to which they shall make reports in the manner prescribed by the department.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.030 - Compensation of inspectors; office supplies; clerical help.

(1) Each county horticultural inspector and deputy inspector shall be paid for services by the county and actual necessary expenses incurred in the performance of duties. The county horticultural inspector and each deputy inspector shall report monthly to the State Department of Agriculture the time for which the inspector or deputy inspector is entitled to pay during the month for which such report is made, and a statement of actual necessary expenses incurred in the performance of duties as such inspector, and the department shall certify the report to the county court before such compensation and expenses shall be paid.
(2) The county court shall supply the county and deputy county horticultural inspectors with such blanks, stationery, postage, equipment and clerical hire as are needed in the performance of their official duties.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.035 - Appeals from inspectors’ decisions.

The State Department of Agriculture shall hear and promptly decide all appeals from the county or deputy county horticultural inspectors. Its decisions shall have full force and effect until set aside by the courts of the state. All appeals from inspectors to the department shall be under the form and regulations prescribed by the department.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.040 - Inspection where inspector unavailable.

If any county for any reason fails to appoint a county horticultural inspector or if for any reason the inspector is not available, the nearest inspector available may perform such services, and the compensation of the inspector and the necessary expenses incurred in the performance of duty shall be charged against the county where the service is performed, as if the inspector had been appointed by the county court of such county.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.045 - Assistance of employees of common carriers in locating horticultural articles; refusal or neglect is misdemeanor.

All clerks, bookkeepers, express agents, railroad officials, employees, or employees of common carriers shall render to the State Department of Agriculture and its inspectors all assistance in their power in tracing, finding or discovering the presence of any article named in the horticultural laws. Any refusal or neglect on the part of said persons to render such friendly aid to assist in the carrying out of ORS 564.020, 570.010 to 570.050, 570.125, 570.320, 570.335 to 570.360 is a misdemeanor.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.105 - Definitions for ORS 570.110 to 570.190.

As used in ORS 570.110 to 570.190, unless the context requires otherwise, "nursery stock" includes all trees, shrubs, vines, plants, cuttings, grafts, scions, buds, fruit pits, nuts and other seeds of fruit, forest and ornamental trees and shrubs, both deciduous and evergreen, grown for sale or propagation or planting or collected in the wild, and all flowering bulbs, corms, roots, rooted herbaceous plants, or cuttings used or to be used for ornamental purposes, or cut greenery either cultivated or collected in the wild, used for ornamental purposes, but does not include cut flowers, or such cut greenery as ferns, and foliage grown under glass or other artificial covering.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.110 - Inspections and visitations by director and deputies.

The Director of Agriculture, and such officers, employees and deputies as the director assigns to such duty, shall visit the different parts of the state and shall see that all regulations of the State Department of Agriculture and all provisions of law to prevent the introduction or spread of fruit pests and diseases of trees or plants injurious to the horticultural interests of the state are enforced. The director forthwith shall, upon the complaint of interested parties, inspect or cause to be inspected by some officer, employee or deputy of the department, orchards, nurseries and other places suspected to be infested with fruit pests or infected with diseases injurious to trees, plants or fruits.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.115 - Quarantine establishment; revocation.

(1) If upon report of any officer, employee or deputy of the State Department of Agriculture, the Director of Agriculture is of the opinion that any locality, district, orchard or place is infested with fruit pests or infected with disease injurious to trees, plants or fruits, and liable to spread to other orchards or localities to their damage or injury so as to be a public danger, the director shall, by an order entered in the records of the department, declare such place to be under quarantine. The director shall give notice thereof by posting a notice in writing in a conspicuous place upon the premises, specifying with convenient certainty what place or premises are under quarantine regulations and by delivering a copy of such notice to the owner or person in charge of the premises, if the owner or person in charge may be found thereon. Such place thereafter shall be subject to quarantine regulations of the department.
(2) As soon as, in the opinion of the director the danger from such quarantine locality has ceased, the director may revoke the quarantine.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.120 - Quarantine powers exercised only in emergencies.

The powers conferred in ORS 570.110 and 570.115 shall be exercised only in great and imminent danger to the fruit interests of the state and with utmost caution and regard for the rights of individuals affected, consistent with the safety and welfare of the fruit interest of the whole state.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.125 - Inspector of outgoing shipments.

(1) Upon request of any nurseryman or tree dealer doing business within this state, the Director of Agriculture may deputize a suitable person to inspect outgoing shipments from such nurseryman or tree dealer. The nurseryman or tree dealer shall pay the person so deputized for services while they are required by such nurseryman or tree dealer.
(2) In case the shipping business of any two or more nurserymen and tree dealers is not in the aggregate more than one person can inspect properly and such group makes satisfactory arrangements for payment of the person making such inspection, the director may deputize a person to inspect the shipment of all members of such group.
(3) No person deputized by the director to inspect outgoing shipments of nursery stock shall make any certificate concerning such shipments which is not true. No person so deputized shall allow a certificate of inspection given by the person to be attached to any tree, shrub, vine, plant, scion, bud, or box, crate, bale, bundle or container of the same or of any of them unless the person personally has inspected the articles and all of them immediately before signing such certificate, which must be dated in writing at the time it is signed.
(4) The director may revoke deputization of any such person at any time if the director believes such person is not properly doing the duty of the person.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.130 - Shipments marked to indicate place of origin; must be free from plant pests.

When any shipment of nursery stock, fruits, vegetables, seed, nuts or field crops is brought into this state or shipped within the state, the required permits, tags or markings of the state of origin must be attached to the container, and the shipment must be free of injurious insects or other plant pests and of eggs, larvae or pupae of injurious insects or other plant pests. [Amended by 2015 c.203 §7]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.135 - Premises may be entered for inspection.

The officers, employees, deputies and inspectors of the State Department of Agriculture and the county horticultural inspectors and their deputies may enter at any time into any car, warehouse, depot, or upon any ship within the boundaries of this state, whether in the stream or at the dock, wharf, mole or any other place where nursery stock, fruit, vegetables, seed, field crops or other articles are received, or in which any articles are imported into the state, for the purpose of making the investigation or examination to ascertain whether the articles are infested with any injurious insects or other plant pests or the eggs, larvae or pupae of injurious insects or other plant pests. [Amended by 2015 c.203 §8]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.140 - Shipment found to contain plant pest; notice to shipper.

When any shipment of nursery stock, fruits, vegetables, seed, nuts or field crops is found upon inspection to be infested with injurious insects or other plant pests or the eggs, larvae or pupae of injurious insects or other plant pests, the inspector shall give the shipper notice of the pests found and the manner of disposition, as provided for in ORS 570.145 to 570.165. [Amended by 2015 c.203 §9]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.145 - Procedure when shipment articles can be separated.

(1) If, in the judgment of the inspector, materials not infested or infected can be separated from the infested or infected article without danger of the insects or other plant pests or the eggs, larvae or pupae of insects or other plant pests escaping from the article, and the owner or the person having control or possession of the articles desires to separate as instructed, the officer making the inspection shall give permission in writing to make the separation:
(a) Within a specified time;
(b) At the expense of the owner or responsible party who authorized the separation; and
(c) Under the supervision of an official or of a person authorized by the inspector to exercise supervision.
(2) If the official who makes the inspection has other official work awaiting and it appears that the time required for separating and destroying the articles may exceed one hour, the official may authorize and deputize an appropriate person to supervise the separation of the infested or infected articles from the uninfested or uninfected articles and the destruction of the infested and infected articles. The person so authorized shall be paid by the owner or the party who authorized the separation, or by both, for services while supervising the separation and destruction of the articles. [Amended by 2015 c.203 §10]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.150 - Procedure when shipment articles can be treated.

When, in the judgment of the inspector, all or part of a shipment can be treated to exterminate the plant pests or diseases, the owner or responsible agents of the owner shall be so notified. The notice shall include the exact method and materials to be used, and provide that all treatments shall be given under direct supervision of an authorized inspector and shall be done at the expense of the owner or the party who authorized such treatment or both.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.155 - Disposition of shipment when articles not separated or treated.

(1) If no provision is made by the inspecting official for disposition by separation or treatment, the notice provided for in ORS 570.140 must require that all condemned materials be promptly shipped out of the state within a specified time, the limit of which may not be less than 48 hours or more than 10 days, according to the nature of the insects or other plant pests. The owner or person in charge of the materials shall ship the materials under the direction of the officer making the inspection and at the expense of the owner or agent of the owner.
(2) If the owner or the agent of the owner fails to comply with the notice, the articles shall be destroyed by the officer at the expense of the owner or agent. If the articles cannot be reshipped out of the state without danger of the insect or other plant pest escaping to the orchards, vineyards, farms, gardens or ornamentals and their products of Oregon, the articles shall immediately be destroyed by, or under the direction of, the inspecting official or the person who inspected the articles. [Amended by 2015 c.203 §11]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.160 - Procedure when shipment is sound, but from infected or infested area.

In case the shipment, although apparently sound and not infested or infected by any pests, is from an infested or infected district beyond the limits of this state, the inspector shall notify the owner or person in charge thereof, and shall require such owner or person to fumigate or sterilize such shipment, or to destroy or to treat such shipment in the manner directed by the inspector and under the supervision of the inspector or under the supervision of some person appointed by the inspector for that purpose, or to return it to the point of origin or ship out of the state.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.165 - Service and sufficiency of notices provided for in ORS 570.140 to 570.165.

Any notice required by ORS 570.140 to 570.165 must be delivered in person or sent by mail to the owner or person in charge of the infested or infected articles at the last-known place of address of the owner or person in charge. A notice mailed to the shipper or shippers of infested or infected articles at the return address on any such shipment of infested or infected articles is considered sufficient notice to the owner or owners thereof within the requirements of ORS 570.140 to 570.165. [Amended by 2005 c.22 §387]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.170 - Department to make inspections; infected or infested matter declared public nuisance.

The State Department of Agriculture, whenever the department deems necessary, shall cause an inspection to be made of any orchards, nurseries, trees, plants, vegetables, vines or field crops or any fruit packing house, storeroom, salesroom or any other place or thing within this state. Any places, orchards, nurseries, trees, plants, shrubs, vegetables, vines, fruit, field crops or articles found infested or infected with any insects or other plant pests injurious to fruits, plants, trees, vegetables, vines, grain or other field crops, or with seeds, eggs, larvae or pupae of injurious insects or other plant pests liable to spread to other places or localities, or of such a nature as to be a public danger, are declared to be a public nuisance. The department shall give the record owner or owners written notice that the articles, things or places are infested or infected. [Amended by 2015 c.203 §12]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.180 - Summary abatement of nuisance.

Any authorized officer, employee or inspector of the State Department of Agriculture may, in any case where an urgent emergency exists, abate any public nuisance, as described in ORS 570.170, in a summary manner, doing as little damage as possible to the things or premises on which or in which such nuisance exists, with notice to the owner or owners sent by mail at or subsequent to the time of such abatement.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.185 - Application of ORS 570.170 to 570.180 limited.

The provisions of ORS 570.170 to 570.180 shall not be construed to apply to shipments of infested or infected articles mentioned in ORS 570.135.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.210 - Control of plant pests not subject to quarantine; rules.

The State Department of Agriculture may adopt rules requiring the use of measures to control the spread of a specific plant pest that is not the subject of a quarantine if:
(1) Failure to control the plant pest will have an identifiable effect on plants, with a resulting unacceptable level of economic impact in the state; and
(2) The measures required by the department are of a type proven effective to achieve the control levels determined by the department for the plant pest. [2009 c.98 §5]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.215 - Prohibition against movement of plant pests; permits; rules.

(1) A person may not possess or knowingly move a plant pest within this state unless the person possesses:
(a) A plant protection and quarantine permit issued by the United States Department of Agriculture’s Animal and Plant Health Inspection Service, or by a successor to that service, authorizing the possession or movement; or
(b) A State Department of Agriculture permit authorizing the possession or movement.
(2) The State Department of Agriculture may not issue a permit to possess or move a plant pest unless the department determines that the proposed possession or movement will not create a hazard to agricultural, forest or horticultural interests within the state or to the environmental quality of the state.
(3) If the department issues a permit to move a plant pest, the permittee must ensure that a copy of the permit is affixed to or accompanies the shipping container, box, package or other receptacle containing the plant pest. The department may adopt rules governing the attachment or accompaniment. [2009 c.98 §6]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.220 - Research regarding plant pests.

The State Department of Agriculture may conduct research to prevent the introduction or spread of plant pests into or within the state. The department may conduct the research independently or as part of a cooperative effort involving other entities. The research may include, but need not be limited to, researching the feasibility of controlling or eradicating plant pests. [2009 c.98 §7]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.225 - Public nuisances; abatement; compensation.

(1) The Legislative Assembly finds and declares that:
(a) A plant pest, other than a plant pest possessed or moved in compliance with a permit described in ORS 570.215, is a public nuisance.
(b) A plant, crop or agricultural, horticultural or forest commodity or product, that is infested with or harbors a plant pest is a public nuisance.
(2) The State Department of Agriculture may abate a public nuisance described in subsection (1) of this section by using the public nuisance abatement processes described in ORS 570.170 and 570.180.
(3) The State Department of Agriculture is not required to compensate a person for any loss incurred from the abatement of a public nuisance under this section or ORS 570.170 or 570.180. This subsection does not apply to compensation for an abatement-related loss that results from the application of a pesticide in a faulty, careless or negligent manner. [2009 c.98 §8]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.305 - Department officials to prevent introduction of plant pests.

The Director of Agriculture, and the chief of the division of plant industry, are authorized and directed to use such methods as may be necessary to prevent the introduction into this state of dangerous insects or other plant pests, and to apply methods necessary to prevent the spread, to establish control and to accomplish the eradication of insects or other plant pests that may seriously endanger agricultural and horticultural interests of the state. The methods may be established or introduced if the director or chief considers control or eradication to be possible and practicable. [Amended by 2015 c.203 §14]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.310 - Cooperation with interested groups and agencies.

(1) The Director of Agriculture, and the chief of the division of plant industry, may cooperate with any group of citizens, municipalities and counties in the state, Oregon State University, the extension service, the Secretary of Agriculture of the United States, and such agencies as the director designates to carry out the provisions of this section and ORS 570.305.
(2) The director, acting by and through the chief of the division of plant industry, may in the discretion of the director, provide funds, labor, materials and supplies for the purposes of this section and ORS 570.305.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.320 - Horticultural inspectors to prevent introduction of diseased matter into state.

It is the special duty of all officers, employees and deputies to whom the duty to act as horticultural inspectors is assigned, to inspect nursery stock, trees, shrubs, plants, fruits, bulbs and vegetables and other articles mentioned in ORS 570.320 to 570.330, coming from points within the state, and to enforce the provisions of ORS 570.320 to 570.330 and all other horticultural laws of the state relating thereto. Any such officer, employee or deputy of the State Department of Agriculture also shall have all the duties, powers and rights of a county horticultural inspector and are granted jurisdiction to act throughout the state.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.325 - Collaboration with federal department.

The officers, employees and inspectors of the State Department of Agriculture and county inspectors are authorized to collaborate with the United States Department of Agriculture in all matters relating to the inspection of nursery stock, plants, fruits, vegetables, bulbs, seeds or other plant products shipped into this state from foreign countries or from other states or territories.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.330 - Containers and wrappers to be labeled.

Each carload, case, box, package, crate, bundle, or bale of trees, shrubs, plants, vines, cuttings, grafts, scions, buds, fruit pits, fruit or vegetables imported or brought into this state shall have plainly and legibly marked thereon in a conspicuous manner and place, the name and address of the person, firm or corporation shipping the same and the name and address of the consignee; also the name of the country, state or territory where the contents were grown and must show that it contains nursery stock, seedlings or seeds.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.335 - Prunings and cuttings to be burned.

No person, firm or corporation owning or operating any nursery, fruit orchard of any kind, hopyards, flower gardens or ornamental trees shall throw any cuttings or prunings or parts of any fruit trees, nursery stock, ornamental trees, or hop vines into any public road, highway, lane, field or other enclosure, or into any watercourse of any kind; but shall destroy such cuttings or prunings or parts with fire within a reasonable time, except when infested or infected with a contagious pest or disease. Such infested or infected prunings, cuttings or parts shall immediately be destroyed by fire.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.345 - Spraying or destroying infested or infected matter; notice.

Any person, firm or corporation owning or operating a nursery, fruit orchard, hopyard, flower garden or ornamental trees, and knowing the nursery, fruit orchard, hopyard, flower garden or ornamental trees to be infested or infected with any kind of insect or other plant pest that is or may become a menace to horticultural or farm crops, or on being served with a written notice by the State Department of Agriculture that the nursery, fruit orchard, hopyard, flower garden or ornamental trees are infested or infected, shall immediately spray or destroy the nursery, fruit orchard, hopyard, flower garden or ornamental trees as the department directs. [Amended by 2005 c.22 §388; 2015 c.203 §15]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.350 - Traffic in infested or infected fruit prohibited; seizure; failure of owner to show fruit; sale to canneries and factories permitted.

(1) A person may not import into this state, transport within this state or sell or offer for sale by displaying in stores, in or at fruit stands, along public highways or in any other manner within this state fruit that is infested with any insect or other plant pest. The fact that any fruit bears the marks of scale, insects or disease or is worm eaten, in excess of tolerances permitted by the State Department of Agriculture, is prima facie evidence that the fruit is infested or infected.
(2) If an inspector, or other authorized person of the department, making an inspection of fruit finds that the fruit does not meet the requirements of this section or of other provisions of law, the inspector or other authorized person shall place a seizure on the fruit and immediately serve written notice of the seizure upon the owner or person having possession. The owner or person having possession may not sell or dispose of the seized fruit or move the seized fruit from the place of location provided for in the notice of seizure without written permission from the inspector. The failure of the person in possession of the seized fruit to show the fruit in possession, or a written release signed by a person authorized by the department, is prima facie evidence that the owner or person having possession of the fruit at the time of seizure has violated the provisions of this section.
(3) In addition to the penalties provided for in ORS 570.990, fruit seized for violation of this section shall:
(a) Be disposed of by court order or by consent of the owner or person in possession; or
(b) Be destroyed by the inspector making the seizure or by other persons authorized by the department, by burning or by other means that will completely eradicate the insect or other plant pest, without compensation to the owner, agent or person in possession of the fruit, if it reasonably appears to the inspector or other authorized person that the infestation presents an immediate danger of spreading the insects or other plant pests to orchard or farm crops in this state.
(4) Infested or infected fruit may be sold to evaporators, fruit canneries, fruit product factories or other by-product factories if:
(a) The fruit is used solely for the production of manufactured fruit products, beverages or other manufactured products or by-products; and
(b) The nature of the infestation or infection is not such as to make the article of food or beverage manufactured from the fruit unhealthful or unfit for use as a food or beverage.
(5) The sale of fruit under subsection (4) of this section is subject to grades and regulations adopted by the department. [Amended by 2015 c.203 §16]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.355 - Packing or delivery for shipment of infected fruit is misdemeanor; manufacture into by-product permitted.

Each person who packs or prepares for shipment to any point within this state, or who delivers or causes to be delivered to any express agent or railroad agent or other person or to any transportation company or corporation for shipment to any point outside of this state, any fresh, cured or dried fruit infected with insects or other plant pests injurious to trees, shrubs, plants, fruits or vegetables is guilty of a misdemeanor. This section does not prevent the grower of infected fruit grown within this state from manufacturing the fruit into a by-product or selling and shipping the fruit to a by-product factory. [Amended by 2015 c.203 §17]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.360 - Department to present evidence of violations; prosecution in justice court.

The State Department of Agriculture shall present evidence of violation of any provision of ORS 564.020, 570.010 to 570.050, 570.125, 570.320, 570.335 to 570.355, and 632.490 to the district attorney for the county in which any such violation may occur. Prosecution for such violation may be brought in any of the justice courts of this state.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.405 - Department may establish control areas; limitations.

(1) The State Department of Agriculture may establish, in accordance with the provisions governing the procedure for the declaring of quarantines contained in ORS 561.510 to 561.590, control areas within this state, if after careful investigation the department determines that the areas are necessary for the general protection of the horticultural, agricultural or forestry industries in this state from insects or other plant pests, or for the eradication or exclusion from the areas of certain plants or their produce, trees or insects or other plant pests that may be a menace to the areas and generally to horticultural, agricultural or forestry industries.
(2) The power and authority to establish control areas and for the eradication or exclusion of certain plants or their produce, trees or insects or other plant pests existing in the areas or to be excluded from the areas shall be exercised reasonably and justly considering the exigencies of the particular situation, the danger to the interests sought to be protected and the immediate and continuing effect upon the property and the owners of the property in the areas established. The department may not exercise the power to establish control areas unreasonably, unjustly or arbitrarily.
(3) The department, in making a determination, shall define the boundaries of the control areas and specify the character and kinds of plants or their produce, trees or insects or other plant pests to be eradicated or excluded and the manner and method of eradication or exclusion. The provisions of ORS 561.510 to 561.590 apply to this section. [Amended by 1987 c.228 §1; 2015 c.203 §18]