reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.412 - Making contracts and receiving funds to carry out control order.

The State Department of Agriculture is authorized to contract with and to receive funds from any person, including but not limited to, any governmental agency, county or municipal corporation, for the purpose of carrying on such work as is necessary in enforcing or carrying out the provisions of a control order. Any unexpended funds paid into the department as provided by this section may be returned to such person, governmental agency, county or municipal corporation. Funds received under this section shall be deposited with the State Treasurer and credited to the Department of Agriculture Account. Such funds are continuously appropriated for the purpose of carrying out the purpose of the contract and the control area order under which the money is paid. [1959 c.300 §2; 1967 c.637 §11]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.415 - Revocation of control area order.

The Director of Agriculture may, at any time the director believes necessary, revoke any order concerning control areas made by the director. The revocation shall become effective upon the director giving notice by publication in a newspaper of general circulation in the control area. The director shall also give notice by one or more additional methods that reasonably ensure that affected persons and other members of the public have knowledge of the revocation. [Amended by 2015 c.203 §19]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.420 - Cherry fruit fly control area inspector; appointment; duty; pay.

The county court or board of county commissioners of each county in which a control area, or any part thereof, has been established for cherry fruit fly control according to ORS 570.405, shall appoint a control area inspector for that county upon the petition of 50 interested persons or 50 percent of the interested persons, whichever is smaller, who are farm owners within the county. The inspector shall work under the direction of and be responsible to the State Department of Agriculture. The inspector shall carry out the provisions of the control area order. The inspector shall be paid out of the general funds of the county such wages as are fixed by the county court or board of county commissioners.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.425 - Inspector has access to land in area; refusal to comply with control area order.

(1) The control area inspector has access to the land within the control area that is within the county for which the inspector was appointed.
(2) In the event an owner or occupant of any land fails or refuses to treat the trees, plants or their produce as provided by the control area order, the inspector shall at once notify the appointing authority of such fact and they shall authorize the inspector and such assistants as the inspector may employ to go upon the land or premises and treat the trees, plants or their produce thereon. The most effective and practical method as approved by the Director of Agriculture shall be used.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.430 - Procedure for collection of expenses incurred by inspector.

(1) On the completion of the work, the inspector shall file with the county clerk an itemized statement of expenses necessarily incurred in the operation, including the wages of the inspector for time spent therein, both on the preparation and completion of the operation, verified by the oath of the inspector. When such statement is filed, the county clerk shall cause the same to be entered upon a lien docket prepared for that purpose. The amount of the expenses when so docketed shall constitute a first lien upon such land and premises, except as to taxes. The county court or board of county commissioners shall hear and promptly decide any objection to the amount of expenses assessed.
(2) If the expenses are not paid and the lien discharged by the owner or occupant of the lands within 90 days from the date the lien is docketed, the county may recover the expenses in an action at law. [Amended by 1991 c.459 §436]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.435 - Expenses to be paid by county.

If no objection has been filed, as authorized in ORS 570.430, within 10 days from the date of filing and docketing the lien, the county court or board of county commissioners shall pay out of the general funds of the county to the persons to whom the expenses are owing the amount thereof.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.700 - Definitions for ORS 570.700 to 570.710.

As used in ORS 570.700 to 570.710:
(1) "Bone dry ton" means 2,000 pounds of wood chips dried to zero percent moisture.
(2) "Imported" means from any source outside North America and includes those states in Mexico not adjacent to the United States.
(3) "Timber products" means any wood product, including, but not limited to, finished lumber, rough cut lumber, cants, logs, wood chips, sawdust and wood waste.
(4) "Untreated" means not previously treated so as to completely eliminate external and internal insect pests and plant pathogens. [1995 c.450 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.705 - Legislative findings; timber product inspection; assessment of costs.

(1) The Legislative Assembly finds that imported, untreated timber products increase the hazards of introducing and spreading injurious plant pests and diseases in this state and that the State Department of Agriculture is directed to establish and implement an inspection and control program to safeguard the health of trees and plants in this state.
(2) In carrying out the duties, functions and powers of the department to prevent the introduction and spread of and to control injurious plant pests and diseases, with regard to imported, untreated timber products, the department may:
(a) Inspect such timber products at any facility that receives, handles, transports or processes such products.
(b) Conduct testing and detection activities aimed at plant pests and diseases that may be associated with receiving, handling, transporting or processing such products.
(c) Inspect import permits and bills of lading relating to such products.
(d) Establish regulations controlling the handling, transportation and processing of such products.
(e) Assess and collect from receivers, handlers, transporters and processors of such products fees to recover for the department the cost of conducting the program referred to in this section. [1995 c.450 §3; 2009 c.98 §22]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.710 - Fee for timber products health program.

(1) Each person who takes first delivery in this state of imported, untreated timber products on or after July 1, 1995, within one month after taking delivery of such products, shall pay to the State Department of Agriculture a timber products health program fee.
(2) The department, by rule, shall establish a fee schedule as follows:
(a) For wood chips, a fee of not more than 50 cents per bone dry ton.
(b) For timber products in any form other than wood chips, not more than $5 per one thousand board feet.
(3) All moneys received by the State Department of Agriculture from the timber products health program fee shall be paid into the State Treasury and credited to the Department of Agriculture Service Fund. All such moneys are appropriated continuously to the State Department of Agriculture to carry out the program required by ORS 570.705. [1995 c.450 §4]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.720 - Firewood sources; treatment; transportation; supply; sales; rules.

(1) As used in this section:
(a) "Firewood" means whole or split pieces of wood that are:
(A) Less than 48 inches in length; and
(B) In a form commonly used for burning in campfires, stoves or fireplaces.
(b) "Invasive species" has the meaning given that term in ORS 570.755.
(2) A person may not transport into or within this state firewood for personal use or sale at, or delivery to, a destination in this state unless:
(a) The firewood is harvested from a source located in this state, Idaho or Washington; or
(b) The firewood has been treated in a manner prescribed by the State Department of Agriculture.
(3) A person may not sell firewood within this state unless:
(a) The firewood is harvested from a source located in this state, Idaho or Washington; or
(b) The firewood is labeled as required by the department and the seller can provide documentation that the firewood has been treated as prescribed by the department.
(4)(a) Persons that transport or supply firewood in this state for other than personal use that is harvested from a source outside of this state, Idaho or Washington shall maintain records, certificates or other documents as required by the department. Persons that sell firewood in this state that is harvested from a source outside of this state, Idaho or Washington shall maintain records, certificates or other documents as required by the department.
(b) The records, certificates or other documents of a person described in paragraph (a) of this subsection that transports or supplies firewood in this state must include, but need not be limited to, information regarding the source of the firewood, any treatment of the firewood and the disposition of the firewood. The records, certificates or other documents of a person described in paragraph (a) of this subsection that sells firewood must include, but need not be limited to, information regarding the source and supplier of the firewood. The department shall adopt rules establishing the required retention time for the records, certificates or documents.
(c) The department may inspect the records, certificates and other documents described in paragraph (b) of this subsection and the inventory and facilities of a person that transports firewood or of a firewood supplier or seller at any time during reasonable business hours and may take samples for purposes of detecting invasive species.
(5) In addition to any other requirement of this section, if firewood is harvested from a source in an area of this state, Idaho or Washington that is subject to a state or federal quarantine for the control of a plant disease or pest, any harvesting, treating, transporting, supplying or selling of the firewood must be performed in conformance with the quarantine.
(6) The department shall adopt rules for carrying out this section. [2011 c.439 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.750 - Legislative findings.

The Legislative Assembly finds and declares that:
(1) The land, waters and other natural resources of this state are severely affected by an increasing number of invasions by harmful nonnative species;
(2) Invasions by harmful nonnative species are damaging to the environment and cause economic hardship within this state;
(3) The Invasive Species Council is a leader for the conducting of a coordinated and comprehensive effort to prevent the entry of invasive species into this state and to eliminate, reduce and mitigate the effects of invasive species present in this state;
(4) The Invasive Species Council has a strong network of local, state, federal, tribal and private entities that actively and cooperatively combat the threat posed by harmful invasive species;
(5) Rapid response and eradication are the most effective, least costly and most feasible strategies for combating harmful invasive species and preventing expansion by those invasive species;
(6) Invasive species present a serious threat that adversely affects industries vital to the economy of this state, including but not limited to the agriculture, forestry, fishing and tourism industries;
(7) Failure to eradicate or control new infestations and infections of invasive species will reduce the productivity of industries in this state and adversely affect marketing by those industries, resulting in a loss of business and the loss of existing jobs; and
(8) The eradication or control of new infestations or infections of invasive species using funding provided through the Invasive Species Council will benefit the economy of this state by preventing the loss of existing jobs, by promoting and expanding business and by preventing the decline of business. [2009 c.825 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.755 - Definition of invasive species; Invasive Species Council duties.

(1) As used in this section, "invasive species" means nonnative organisms that cause economic or environmental harm and are capable of spreading to new areas of the state. "Invasive species" does not include humans, domestic livestock or nonharmful exotic organisms.
(2) The Invasive Species Council shall:
(a) Create and maintain appropriate Internet sites, toll-free telephone numbers or other means of communication for statewide use in reporting sightings of invasive species.
(b) Encourage the reporting of invasive species sightings by publicizing means of communication made available by the council under paragraph (a) of this subsection.
(c) Forward reports of invasive species sightings to appropriate agencies.
(d) Produce educational materials and press releases concerning invasive species.
(e) Conduct educational meetings and conferences.
(f) Develop a statewide plan for dealing with invasive species. The plan should include, but need not be limited to, a review of state authority to prevent the introduction of invasive species and to eradicate, contain or manage existing invasive species.
(g) Solicit proposals and review applications for grants or loans to further projects providing education about invasive species.
(h) Provide grants or loans to agencies, organizations or individuals for eradicating new invasions.
(3) The council may:
(a) Approve the expenditure of funds by the council, or any member thereof, for the production of educational materials or the presentation of educational materials.
(b) Enter into contracts and other agreements with persons, the federal government, state governments and local governments or units of federal, state or local governments or with Indian tribes, on matters pertaining to invasive species.
(c) Adopt rules or perform other acts the council considers reasonable for carrying out the powers, duties and functions of the council. [Formerly 561.685]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.775 - Officers; quorum; schedule; rules.

(1) The Invasive Species Council each year shall select a voting member of the council as chairperson and another voting member as vice chairperson. The council by rule shall specify terms and provide appropriate duties and powers for the chairperson and vice chairperson.
(2) A majority of the voting members of the council constitutes a quorum for the transaction of business.
(3) The council shall meet at times and places specified by the call of the chairperson or of a majority of the voting members of the council. [Formerly 561.689; 2019 c.622 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.780 - Invasive Species Coordinator; administrative expenses of Invasive Species Council.

(1) The Invasive Species Council shall appoint a State Invasive Species Coordinator to serve at the pleasure of the voting members of the council.
(2) The State Department of Agriculture is responsible for ensuring payment of the administrative expenses of the council. The State Department of Agriculture may enter into interagency agreements under ORS 190.110 with the State Department of Fish and Wildlife, the State Forestry Department, the Department of Environmental Quality, the State Marine Board, Portland State University and Oregon State University for sharing the administrative expenses of the council.
(3) The State Department of Agriculture shall act as the fiscal agent of the council for purposes of:
(a) Budgeting, interagency agreements for sharing administrative expenses or other mechanisms for paying the administrative and other expenses of the council;
(b) Drafting and processing contracts, other agreements, grant applications or other documents;
(c) Receiving gifts, grants, donations or other moneys on behalf of the council and ensuring the appropriate crediting of those moneys to the Invasive Species Council Account or the trust account described in ORS 570.800; and
(d) Taking all reasonable actions to ensure the council is in compliance with state financial administration laws. [Formerly 561.691; 2013 c.181 §2; 2015 c.486 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.790 - Advisory and technical committees.

(1) The Invasive Species Council may establish advisory and technical committees that it considers necessary to aid and advise the council in the performance of its functions. The committees may be continuing or temporary committees. The council shall determine the representation, membership, terms and organization of the committees and appoint their members.
(2) Members of the committees are not entitled to compensation, but at the discretion of the council may be reimbursed from funds available to the council for actual and necessary travel and other expenses incurred by members of the committees in the performance of their official duties, subject to ORS 292.495. [Formerly 561.693]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.800 - Invasive Species Council Account; trust account.

(1) The Invasive Species Council Account is established in the General Fund of the State Treasury. Except as provided under subsection (2) of this section, all moneys received by the Invasive Species Council shall be paid into the State Treasury and credited to the account. All moneys in the account are continuously appropriated to the council and may be used by the council for purposes authorized by law, including but not limited to providing grants or loans as described under ORS 570.755.
(2) The Invasive Species Council may accept moneys through gifts, grants and donations from public and private sources. The council shall deposit the gifts, grants and donations with the State Treasurer for credit to a trust account separate and distinct from the General Fund. Interest earned by the trust account shall be credited to the trust account. Except as otherwise provided by the donor, the council may use trust account moneys for any purpose described in ORS 570.755. [Formerly 561.695]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.810 - Invasive Species Control Account; control effort funding; reimbursement of administrative expenses.

(1) As used in this section, "invasive species" has the meaning given that term in ORS 570.755.
(2) The Invasive Species Control Account is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Invasive Species Control Account shall be credited to the account. Moneys in the account are continuously appropriated to the Invasive Species Council for the purpose of carrying out this section.
(3) The Invasive Species Council may expend moneys from the account to provide funding for efforts by agencies, organizations and individuals to eradicate or control new infestations and infections of invasive species. The council shall adopt criteria and procedures for the funding of efforts to eradicate or control new infestations and infections of invasive species.
(4) Invasive species eradication and control effort costs that may be funded from the account include, but are not limited to, costs associated with:
(a) Surveys to delimit areas infested or infected by invasive species;
(b) Inspections;
(c) Enforcement actions;
(d) Diagnosis of infestation and infection problems;
(e) Rapid response planning and coordination;
(f) Administration;
(g) Eradication or control of infestations and infections;
(h) Treatment and disposal of infested or infected materials;
(i) Cleaning and disinfecting of infested or infected premises or vessels; and
(j) Payment of indemnity to owners of infested or infected materials destroyed under an eradication or control program.
(5) In addition to any costs described under subsection (4) of this section, if the State Department of Agriculture pays an administrative expense of the council related to the provision of funding from the account, account moneys may be expended to reimburse that administrative expense in an amount equal to the lesser of the actual expense paid by the department or 10 percent of the funding that was provided from the account. [2009 c.825 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.815 - Reporting of council activities.

The Invasive Species Council shall report biennially concerning the activities of the council during the previous two years to an interim committee of the Legislative Assembly related to natural resources in the manner provided in ORS 192.245. The report may include other material at the discretion of the council. [2019 c.622 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.990 - Penalties.

Violation of a provision of ORS 570.010 to 570.050, 570.105 to 570.190, 570.215, 570.320 to 570.360 or 570.410 is a Class A violation. [Amended by 1955 c.166 §1; 1961 c.394 §5; 1985 c.621 §6; 1999 c.1051 §202; 2009 c.98 §23; 2011 c.9 §78; 2011 c.683 §2; subsections (2) and (3) renumbered 830.998 (1) and (2) in 2011]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.995 - Civil penalties for quarantine or control area order violations.

(1) In addition to any applicable fine under ORS 570.990 or other penalty, a person is subject to imposition by the State Department of Agriculture of a civil penalty, not to exceed $10,000, if the person:
(a) Violates a quarantine order issued under ORS 570.115;
(b) Violates ORS 570.410; or
(c) Fails to timely pay a fee required under ORS 570.710.
(2) Each violation of a quarantine order issued under ORS 570.115, violation of ORS 570.410 or failure to timely pay a fee required under ORS 570.710 is a separate offense subject to a separate civil penalty.
(3) The department shall develop one or more schedules setting the amounts of civil penalties that may be imposed for particular types of violations.
(4) The imposition of a civil penalty under this section is subject to ORS 183.745.
(5) The State Treasurer shall deposit all moneys from penalties recovered under this section into the Department of Agriculture Account.
(6) Moneys from civil penalties recovered under this section for violation of a quarantine order issued under ORS 570.115 are continuously appropriated to the department for the administration and enforcement of quarantine laws under ORS 570.110 to 570.190.
(7) Moneys from civil penalties recovered under this section for a violation of ORS 570.410 are continuously appropriated to the department for the administration and enforcement of control area programs.
(8) Moneys from civil penalties recovered under this section for failure to timely pay a fee under ORS 570.710 are continuously appropriated to the department for the administration of the timber products health program described under ORS 570.705 and 570.710. [1999 c.390 §4; 2009 c.98 §24]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.997 - Civil penalties for plant pest control or movement violation.

(1) In addition to any applicable fine under ORS 561.993 or 569.990 or other penalty, a person is subject to imposition by the State Department of Agriculture of a civil penalty, not to exceed $10,000, if the person:
(a) Violates a rule adopted under ORS 570.210; or
(b) Violates the conditions of a permit described in ORS 570.215.
(2) Each violation of a rule adopted under ORS 570.210 or of a condition of a permit described in ORS 570.215 is a separate offense subject to a separate civil penalty.
(3) The department shall develop one or more schedules setting the amounts of civil penalties that may be imposed for particular types of violations.
(4) The imposition of a civil penalty under this section is subject to ORS 183.745.
(5) The State Treasurer shall deposit all moneys from penalties recovered under this section into the Department of Agriculture Account. Moneys deposited under this subsection are continuously appropriated to the State Department of Agriculture for carrying out plant pest prevention and control activities. [2009 c.98 §10]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 570 - Plant Pest Control; Invasive Species › Section 570.998 - Civil penalty for firewood violation.

Violation of ORS 570.720 or a State Department of Agriculture rule adopted under ORS 570.720 is punishable by a civil penalty, not to exceed $10,000. The imposition of a civil penalty under this section is subject to ORS 183.745. Any civil penalty recovered under this section shall be deposited in the Invasive Species Control Account established under ORS 570.810. [2011 c.439 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.005 - Definitions for ORS 571.005 to 571.230.

Unless the context requires otherwise, as used in ORS 571.005 to 571.230:
(1) "Agent" means any person only soliciting orders in this state for the purchase or sale of nursery stock for any principal who is not licensed under ORS 571.005 to 571.230 and 571.991.
(2) "Dealer":
(a) Means any person who deals in, sells, handles, consigns or accepts on consignment, imports, stores, displays or advertises nursery stock which the person has not grown.
(b) Does not mean a person whose business is located out of state and who imports and sells such nursery stock not grown in Oregon into this state and who only solicits such nursery stock sales through salesmen or representatives or by mail or advertisement. Such person to be exempt as a dealer must not own, lease, control or maintain buildings, warehouses or any location or place in Oregon in which or through which such nursery stock is stored, sold, offered for sale or held for sale or delivered therefrom. The nursery stock must be shipped direct from the out-of-state location or place of business to the grower, wholesaler, retailer or ultimate consumer or user in Oregon.
(3) "Department" means the State Department of Agriculture.
(4) "Grower" means any person who grows nursery stock.
(5) "Nursery stock" includes all botanically classified plants or any part thereof, such as floral stock, herbaceous plants, bulbs, buds, corms, culms, roots, scions, grafts, cuttings, fruit pits, seeds of fruits, forest and ornamental trees and shrubs, berry plants, and all trees, shrubs and vines and plants collected in the wild that are grown or kept for propagation or sale. "Nursery stock" does not include:
(a) Field and forage crops.
(b) The seeds of grasses, cereal grains, vegetable crops and flowers.
(c) The bulbs and tubers of vegetable crops.
(d) Any vegetable or fruit used for food or feed.
(e) Cut flowers, unless stems or other portions thereof are intended for propagation.
(6) "Person" includes but is not limited to each branch store or place of business in which or at which the business of the dealer or grower is conducted and each member of a cooperative association.
(7) "Sell" or "sale" means to offer, expose or hold for sale, have for the purpose of sale, or to solicit orders for sale, or to deliver, distribute, exchange, furnish or supply. [1963 c.461 §1; 1977 c.638 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.015 - Policy; department to maintain nursery service; duties.

(1) The Legislative Assembly finds and declares that the propagation and raising of nursery stock is an agricultural pursuit that should be regulated and assisted by the State Department of Agriculture. A nursery service shall be maintained within the department for the purpose of carrying out and enforcing the provisions of ORS 564.040, 564.991, 571.005 to 571.230 and 571.991.
(2) The department may:
(a) Inspect the nursery stock of growers, dealers and other persons and places of business provided for under ORS 564.040, 564.991, 571.005 to 571.230 and 571.991.
(b) Establish certification standards, issue certificates and permits and check the license and licensing of persons affected by ORS 564.040, 564.991, 571.005 to 571.230 and 571.991. In establishing certification standards under this paragraph, the department shall give consideration to any certification standards adopted by the federal government, another state or a national association for nurseries.
(c) Establish an expedited permitting process for persons affected by ORS 564.040, 564.991, 571.005 to 571.230 and 571.991 that participate in a department certification program and meet department certification standards.
(d) Investigate violations of ORS 564.040, 564.991, 571.005 to 571.230 and 571.991.
(e) Disseminate information among growers relative to treatment of nursery stock for both prevention and elimination of attacks by plant pests and diseases.
(f) Carry out any other duties or responsibilities that are of service to the nursery industry or that may be necessary for the protection of the nursery industry. [1953 c.461 §4; 1983 c.730 §4; 2015 c.533 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.025 - State Nursery Research and Regulatory Committee.

(1) In order that there may be the closest contact between the State Department of Agriculture and the problems of the nursery industry, there hereby is created a State Nursery Research and Regulatory Committee which shall consist of seven members appointed by the Director of Agriculture. The director, as far as practicable, shall make appointments so that all segments of the nursery industry are represented on the committee.
(2) The term of each member shall be for three years, beginning on July 1 of the year of appointment. Vacancies in office shall be filled by appointment for the unexpired term. At the first meeting after July 1 in each year, the committee shall elect a chairperson.
(3) The functions of the committee shall be to advise and counsel with the department in the administration of ORS 564.040, 564.991, 571.005 to 571.230 and 571.991 and review the nursery inspection program.
(4) The committee shall meet at the call of the chairperson or the director. A majority of the members present at any meeting shall constitute a quorum, and a majority vote of the quorum at any meeting shall constitute an official act of the committee. [1963 c.461 §3; 1967 c.208 §3; 1979 c.309 §1; 1993 c.683 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.038 - Plant Pest and Disease Emergency Response Fund.

(1) The Plant Pest and Disease Emergency Response Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Plant Pest and Disease Emergency Response Fund shall be credited to the fund.
(2) The fund shall consist of all moneys deposited to the fund under ORS 571.059. Moneys deposited to the fund are continuously appropriated to the State Department of Agriculture for use as provided in subsection (3) of this section. Expenditures from the fund are not subject to state expenditure limitations. The fund is not subject to allotment of moneys under ORS 291.234 to 291.260.
(3) The department, after consultation with the State Nursery Research and Regulatory Committee, may use fund moneys for responding to pest and disease emergencies. The department may use fund moneys only to the extent necessary to protect the industries represented by persons licensed under ORS 571.057. [2005 c.540 §1]
Note:
571.038 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 571 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 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.045 - Exemption from licensing requirements.

ORS 571.055 (1) and 571.057 do not apply to:
(1) Any person whose business consists only of retail sales to the ultimate consumer and the total of such sales of nursery stock does not exceed $250 during a fiscal year. Except as provided in subsection (2) of this section, the provisions of ORS 564.040, 564.991, 571.005 to 571.230 and 571.991 apply at any time the sales of nursery stock exceed $250 during a fiscal year.
(2) A person licensed as a landscape contracting business under ORS 671.560 and 671.565 who does not grow plants, does not store plants except as provided by the State Department of Agriculture by rule, and acquires all plants from a nursery licensed under this chapter. [1963 c.461 §15; 1971 c.756 §1; 1975 c.110 §1; 1977 c.638 §2; 1999 c.535 §1; 2007 c.541 §6]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.055 - License required to grow or deal in nursery stock; false representations or statements regarding licenses.

(1) No person, without first obtaining a license from the State Department of Agriculture, shall:
(a) Operate as a grower, dealer or agent.
(b) Advertise or display nursery stock for sale on any stand, market stall, store or other place of business.
(c) Advertise nursery stock for sale by the use of signboards, placards, public communications media, newspapers, business letterhead stationery or other circulating medium.
(d) Transport, move, store or warehouse nursery stock grown or held for sale. However, this paragraph does not apply to common carriers.
(2) No person shall:
(a) Falsely represent that the person is a licensed grower, dealer or agent.
(b) Willfully make a false statement when making an application for a license. [1963 c.461 §§5,9]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.059 - License fee surcharge.

(1) As used in this section, "dealer" and "grower" have the meanings given those terms in ORS 571.005.
(2) The State Department of Agriculture shall make a yearly determination of the additional amount, if any, required to achieve a principal balance of $250,000 in the Plant Pest and Disease Emergency Response Fund. If the department determines that an additional amount is required to achieve a principal balance of $250,000, the department shall determine an assessment rate based on the additional amount required to achieve the $250,000 fund balance and the total in the previous license year of gross dollar purchases by dealers, gross dollar sales by growers and sales value of plants produced in Oregon by licensees under ORS 571.057 other than dealers or growers.
(3) The department may impose a surcharge on license fees established pursuant to ORS 571.057. The surcharge for a licensee shall be calculated based on the assessment rate determined under subsection (2) of this section and the purchase, sales or sales value volume that is the basis for the license fee assessed to the licensee under ORS 571.057. Surcharges imposed under this subsection shall be deposited to the fund.
(4) The department shall apply for any federal funding available and may seek gifts, grants and donations for the purpose of increasing or replenishing the fund balance or avoiding expenditures from the fund. [2005 c.540 §2]
Note:
571.059 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 571 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 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.063 - Temporary nursery sale license; application; fee; rules; conditions.

(1) Upon receipt of a fee established by the State Department of Agriculture, the department may issue a temporary nursery sale license for the holding of a nursery stock sale conducted by, or for the benefit of, a duly registered nonprofit organization, where such sale does not exceed seven consecutive days.
(2) Application for a temporary nursery sale license shall be made on a form furnished by the department, and shall be accompanied by the license fee. A separate application and license fee is required for each sale.
(3) The department may prescribe the conditions of such temporary nursery sales license, which conditions shall be stated in the license. Any such license may be revoked or suspended by the department for violation of any of the conditions stated therein. ORS 571.005 to 571.230 and 571.991 shall not be applicable to such temporary nursery sales except as provided in this section.
(4) The department shall establish the fee described in subsection (1) of this section by rule. The department shall establish the fee at a level sufficient to cover the costs to the department associated with issuing the temporary nursery sale license, but not more than $50. [1971 c.756 §8; 2009 c.98 §25]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.075 - Renewal of license; rules; forfeiture.

(1) The fees for the renewal of the annual licenses and the fees for inspections required by ORS 571.005 to 571.230 and 571.991 shall be paid with the application for license renewal and before July 1 of each year or before such date as may be specified by rule of the State Department of Agriculture.
(2) Failure to pay the fees when due forfeits the right to operate as a grower, dealer or agent.
(3) Any person who has been previously licensed to grow or sell nursery stock and whose right to grow or sell has been forfeited shall not be issued a renewal license except upon written application to the department accompanied by a sum of money equal to the regular license fee, as provided in ORS 571.057. [1963 c.461 §12; 1971 c.756 §2; 1977 c.638 §4; 1985 c.659 §3; 2007 c.768 §13]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.095 - Form of license; display required.

All licenses issued under ORS 571.005 to 571.230 and 571.991 shall:
(1) Include the date of issue.
(2) Expire on June 30, next following the date of issue, unless sooner revoked by the State Department of Agriculture.
(3) Be in the form of a certificate.
(4) Be numbered serially under the direction of the department.
(5) Be posted in a conspicuous place on the premises of the licensee and a copy at each location where the licensee is doing business, where they can be easily seen by the general public. A duplicate copy of the license shall be issued by the department for each sales location of the licensee. [1963 c.461 §10; 1971 c.756 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.105 - Agent’s license.

(1) No agent’s license shall be issued or valid unless the agent’s principal has given the State Department of Agriculture written authorization to issue the license.
(2) An agent’s license shall be automatically suspended during any period when the agent is not acting as an agent or the principal has withdrawn or canceled the authorization.
(3) If the license has not expired, an agent may revive the license by giving notice to the department that the agent is again acting as an agent. If the agent represents a principal other than the one who gave written authorization to issue the license, subsection (1) of this section applies. [1963 c.461 §8]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.115 - License not transferable; moving place of business.

(1) A license is personal to the applicant and may not be transferred. A new license is necessary if the business entity of the licensee is changed or if the membership of a partnership is changed, irrespective of whether or not the business name is changed.
(2) The license issued to a grower or dealer applies to the particular premises named in the license. However, if prior approval is obtained from the State Department of Agriculture, the place of business may be moved to other premises or location without the necessity of relicensing. [1963 c.461 §7]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.125 - Suspension, revocation or refusal of license.

The State Department of Agriculture may, as provided in ORS chapter 183, suspend, revoke or refuse to issue or renew the license of any person when it is satisfied that:
(1) The applicant or licensee has been guilty of fraud, deception or misrepresentation in the handling or sale of nursery stock.
(2) The licensee was guilty of fraud, deception or misrepresentation in the procurement of a license.
(3) The licensee has violated any provision of ORS 564.040, 564.991, 571.005 to 571.230 and 571.991. [1963 c.461 §11]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.135 - Shipping permits, shipping invoices and bills of lading; rules; retention; exceptions.

(1) The State Department of Agriculture may issue a shipping permit number to any licensee who requests or requires one. The shipping permit number shall be the same as the license number and so designated on the license.
(2) When authorized or required by the department, the shipping permit number shall accompany all shipments and deliveries of nursery stock.
(3) The Director of Agriculture may suspend or revoke a shipping permit issued to a nursery if the nursery has nursery stock that in whole or in part does not meet interstate shipment cleanliness standards adopted by the department by rule.
(4) A shipping invoice or bill of lading shall accompany a commercial shipment or delivery of nursery stock to be offered for sale. If a shipping invoice accompanies the shipment or delivery, the shipping invoice shall include the following:
(a) The name and address of the owner of the nursery stock.
(b) The nursery license number of the owner of the nursery stock.
(c) The point of origin of the nursery stock.
(d) The specific destination to which the nursery stock is being shipped or delivered.
(e) A description or inventory of the nursery stock in sufficient detail to allow identification of the nursery stock being shipped or delivered. The description or inventory shall include, at a minimum, the numbers, sizes and varieties of plants included in the shipment or delivery.
(f) The signature of the nursery stock carrier or the carrier’s agent.
(5) The department, by rule, may develop a standard form for shipping invoices described in subsection (4) of this section and may make the form available at cost to licensees upon request.
(6) Each of the following persons shall retain a copy of the signed shipping invoice or the bill of lading for a commercial shipment or delivery of nursery stock to be offered for sale:
(a) The owner of the nursery stock.
(b) The carrier or carrier’s agent transporting the nursery stock.
(c) The person taking delivery of the nursery stock at the shipment or delivery destination.
(7) Subsections (4) and (6) of this section do not apply to:
(a) A commercial shipment or delivery between two points owned, rented or leased by the owner of the nursery stock; or
(b) A commercial shipment or delivery of nursery stock in the possession of a business licensed by the State Landscape Contractors Board. [1963 c.461 §16; 2005 c.390 §1; 2015 c.533 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.145 - Inspection of licensed and unlicensed nurseries; additional inspections and special services; fees.

(1) The State Department of Agriculture shall inspect each licensed nursery at least once and as often thereafter as the department considers necessary to determine and control pest, disease and noxious weed conditions.
(2) The department may make additional inspections as necessary for the issuance of phytosanitary and other certificates. Such additional inspections are in addition to normal inspections as provided by subsection (1) of this section. The department may charge for such inspections requested by nurseries in order to issue state or federal phytosanitary certificates and any other certificate that requires inspection prior to issuance of such certificates. Such charge shall not be less than $10 per requested certificate or greater than $50 per such certificate. However, for license years after June 30, 1995, the department may establish the certificate fee without regard to the limitations provided in this subsection after consulting with the State Nursery Research and Regulatory Committee and after holding public hearings in accordance with ORS chapter 183.
(3) The department may establish a schedule of fees for nursery stock inspections and special services which may be performed by the department for persons who are not required to obtain a license pursuant to ORS 571.005 to 571.230 and 571.991. The fees shall be established in such amounts as are reasonably necessary to recover all costs incurred by the department in the performance of such inspections and special services. Payment for such inspections and special services shall be made to the department at the time the inspections or special services are performed. [1963 c.461 §17; 1977 c.638 §5; 1985 c.659 §4; 1993 c.683 §6; 2009 c.98 §26]