reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-1110 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to OAR 603-052-1100 to
				603-052-1130:
(1) "Imported" means
			 timber products from any source outside North America and includes those states
			 in Mexico not adjacent to the United States. Also included are timber products
			 brought into another state or states and subsequently shipped into Oregon.
			 Shipments of untreated timber products transiting Oregon are not considered to
			 be imported if they enter and leave the state without having been unloaded from
			 their original conveyance and if they remain in Oregon less than 120
			 hours.
(2) "Person" means any
			 federal, state or local government or government agency, political subdivision,
			 individual, public or private corporation, partnership, association, firm,
			 trust, estate, or any other legal entity whatever.
(3) "Untreated" means not previously treated
			 so as to completely eliminate external and internal insect pests and plant
			 pathogens. Timber products are considered untreated if they are treated in such
			 a way that some, but not all, potential insect pests and plant pathogens are
			 eliminated. For example, logs which are debarked and fumigated are considered
			 untreated because fungi and insects deep within the wood could survive these
			 treatments.
(4) "Treated" timber
			 products are those that have been processed so as to completely eliminate all
			 potential insect pests and plant pathogens, e.g. kiln-drying or sterilization
			 by heat (at least 71.1° C for 75 minutes measured at the core).
(5) "Importer" is the person who takes first
			 delivery in this state of imported, untreated timber products.
Stat. Auth.: ORS
				  561.190, ORS
				  570.305 & ORS
				  570.700 - ORS
				  570.710
Stats. Implemented: ORS
				  570.705 & ORS
				  570.710
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-1120 - Notification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The importer of
			 untreated timber products shall notify the Oregon Department of Agriculture in
			 writing or by FAX (Oregon Dept. of Agriculture, Plant Division, 635 Capitol St.
			 NE, Salem, OR 97310; FAX (503) 986-4786) at least seven days in advance of the
			 estimated date of arrival of each shipment. Notification shall include:
(a) Estimated date and time of
			 arrival;
(b) Planned unloading
			 site(s);
(c) Estimated unloading
			 time;
(d) Contact person, phone and
			 FAX numbers.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-1130 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Treated timber
			 products are not subject to these fees.
(2) The importer of untreated timber products
			 shall pay to the Oregon Department of Agriculture a timber products health
			 program fee according to the following schedule:
(a) Wood chips: 50 cents per bone dry
			 ton.
(b) Timber products other than
			 wood chips: $5 per one thousand board feet.
(c) Minimum charge will be $50
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-1150 - Laboratory Fees for Official, Regulatory and Service Samples

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following
			 fees and charges are established for laboratory or other testing services
			 including sample processing, analysis and issuance of certificates or official
			 reports. The basic fee for official, regulatory, and service samples is
			 established at $70.00 per hour, with a minimum fee of $35.00.
(2) The fees and charges for specific routine
			 tests are:
(a) Spore wash and microscopic
			 examination per fungal species -- $50;
(b) Fifty-seed stain and immunoblot for
			 endophyte -- $85;
(c) Seed, soil,
			 or tissue test for nematodes -- $35;
(d) Visual exam for regulated pests -- $60
			 for pesticide treated seed and $50 for untreated seed;
(e) Visual exam for regulated contaminants --
			 $45;
(f) Visual exam for regulated
			 pests and regulated contaminants -- $70;
(g) Isolation on standard media --
			 $35;
(h) Growing media pH and
			 conductivity -- $35;
(i) Seed grow
			 out for bacteria -- $140;
(j) ELISA
			 for virus detection in seed -- $140;
(k) Molecular analysis for regulated pests --
			 $140.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-1205 - Weed-Free Tree Seedling Nurseries

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Nursery-grown tree seedlings for
			 commercial forest production can spread noxious weeds if they become
			 contaminated with weed seeds. In order to prevent the spread of noxious weeds,
			 it is necessary to keep them out of the seedling production fields at nurseries
			 that grow conifer and hardwood seedlings for commercial forest plantings.
			 Noxious weeds found in seedling nurseries include, but are not limited to,
			 yellow nutsedge, thistles, St. Johnswort, creeping yellow cress, and
			 quackgrass. OAR 603-052-1200 has a complete list of noxious weeds quarantined
			 in Oregon.
(2) To prevent the
			 establishment and spread of noxious weeds via tree seedlings used for
			 commercial forest plantings, seedling production fields must be kept noxious
			 weed-free.
(3) Currently the
			 preferred method of treatment of seedling production fields, though not the
			 only acceptable treatment, is fumigation with methyl bromide prior to seeding
			 or transplanting of seedlings. This rule is intended as a bridge to ensure
			 effective noxious weed control until technically viable and economically
			 feasible alternative controls and methods can be developed and tested. Active
			 testing of alternatives is underway but has not yet proven operationally
			 successful. This section (3) of this rule may be repealed on December 31, 2018
			 unless a thorough review as to its importance results in a finding that it is
			 still necessary.
Stat. Auth.: ORS
				  570.505 &
				  571.200
Stats. Implemented: ORS
				  570.505 &
				  571.200
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-1206 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 603-052-1206 to 603-052-1211 unless the context
				requires otherwise:
(1) "Giant reed"
			 or "giant cane grass" means the plant species
Arundo donax
L.
			 For purposes of this rule the term "giant reed" or "giant cane grass" applies
			 to whole plants, plant parts, rhizomes, harvested plant parts, and seeds. For
			 purposes of this rule, "giant reed" or "giant cane grass" does not include
			 variegated varieties of giant reed as defined in subsection (4) of this
			 section.
(2) "Feral giant reed"
			 means whole plants of the plant species
Arundo donax
growing
			 outside of permitted production areas or as otherwise inconsistent with this
			 rule.
(3) "Riparian area" means a
			 zone of transition from an aquatic ecosystem to a terrestrial ecosystem,
			 dependent upon surface or subsurface water, that reveals through the zone's
			 existing or potential soil-vegetation complex the influence of such surface or
			 subsurface water.
(4) "Special
			 Flood Hazard Area" means an area inundated during the 1% annual flood (also
			 known as 100-year flood or a base flood) as determined from the January 2011
			 version of the Flood Insurance Rate Maps of the Federal Emergency Management
			 Agency (FEMA) available through the Department of Land Conservation and
			 Development at:
			 http://oregonriskmap.com/index.php?option=com_content&view=category&id=11&Itemid=12
			 [File Link Not Available].
(5)
			 "Variegated varieties of giant reed" means horticultural varieties of
Arundo donax
with striped or spotted leaves. Variegated
			 varieties may include but are not limited to varieties marketed as "Peppermint
			 Stick," "Variegata," and "Golden Chain," or other ornamental varieties that can
			 be visually distinguished from "giant reed" or "giant cane grass."
(6) "Wetland" means areas that are naturally
			 inundated or saturated by surface or ground water at a frequency and duration
			 sufficient to support, and that under normal circumstances do support, a
			 prevalence of vegetation typically adapted for life in saturated soil
			 conditions.
Stat. Auth.: ORS
				  570.405
Stats. Implemented: ORS
				  570.405
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-1209 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
Giant reed,
Arundo donax
, is a promising
				bio-energy crop because of its high biomass yield. It is also grown as an
				ornamental and as a source of reeds for woodwind instruments. Giant reed is
				highly invasive in riparian areas in some regions of the United States such as
				California, Texas, and Florida. It is the intent and purpose of OAR
				603-052-1206 to 603-052-1211 to balance goals to develop new agricultural crops
				and support renewable energy development from agricultural feedstocks while
				protecting natural resources and preventing the establishment of giant reed in
				riparian areas where it could cause major negative impacts to the natural
				resources of the State of Oregon.
Stat. Auth.: ORS
				  570.405
Stats. Implemented: ORS
				  570.405
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-1211 - Control Area

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As authorized
			 by ORS 570.405, a statewide control
			 area is established to reduce the risk of uncontrolled spread of giant reed
			 into the environment in order to protect the horticultural, agricultural or
			 forest industries of the state.
(2) Extent of Control Area: All of the State
			 of Oregon.
(3) Commodities
			 Covered: All life stages of giant reed, Arundo donax.
(4) Prohibited Acts:
(a) Giant reed is prohibited from being
			 imported, planted, propagated, or grown except as allowed in this rule in
			 sections (5) through (7) below.
(b) Giant reed shall not be planted, grown,
			 or stored in riparian areas, wetlands, or special flood hazard areas (100-year
			 flood plains) or in a 100 ft. buffer beyond the edge of riparian areas,
			 wetlands, or flood hazard areas.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-1230 - Quarantine: Phytophthora Ramorum

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Establishing a quarantine: A quarantine is established against Phytophthora
			 ramorum, the cause of sudden oak death and other plant diseases. This
			 quarantine is established under ORS
			 561.510 and
			 561.540 to protect Oregon's
			 agricultural industries and natural resources from the artificial spread of P.
			 ramorum. This pathogen causes mortality in susceptible oak (Quercus spp.),
			 tanoak (Notholithocarpus densiflorus syn. Lithocarpus densiflorus),
			 rhododendron (Rhododendron spp.), viburnum (Viburnum spp.), evergreen
			 huckleberry (Vaccinium ovatum), and other plant species. In other susceptible
			 plants it causes leaf spots, twig dieback and/or stem cankers. Methods for
			 exclusion of commodities potentially infected with this disease and procedures
			 for eradication of incipient infections are prescribed in this quarantine.
(2) Area under quarantine:
(a) The following counties in California:
			 Alameda, Contra Costa, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, San
			 Francisco, San Mateo, Santa Clara, Santa Cruz, Solano, Sonoma, and Trinity;
(b) The following portion of Curry
			 County that lies inside the area starting at the point where the mouth of the
			 Rogue River meets the Pacific Ocean and continuing east along the Rogue River
			 to the northeast corner of T35S R12W section 31, then south to the northeast
			 corner of T38S R12W section 18, then east to the northeast corner of T38S R12W
			 section 13, then south to the northeast corner of T38S R12W section 25, then
			 east to the northeast corner of T38S R11W section 29, then south to the
			 northeast corner of T40S R11W section 8, then east to the northeast corner of
			 T40S R11W section 10, then south to the state border with California, then west
			 to the intersection of the Oregon/California state border with US Highway 101,
			 and then northwest along US Highway 101 to the intersection with West Benham
			 Lane and then west along West Benham Lane and continuing directly west to the
			 Pacific Coastline; then following the coastline north-northwest back to the
			 point of beginning;
(c) Any
			 country, state, county, province or area covered by the federal Domestic
			 Quarantine for Phytophthora ramorum,
			 7 CFR
			 301.92;
(d) Any property in Oregon where P. ramorum
			 is found, including a buffer zone of up to three (3) miles surrounding the
			 infested site during any eradication or containment program.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-1236 - Biopharmaceutical Crops

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As authorized
			 by ORS 561.738 and
			 561.740 a system is established
			 for joint federal-state oversight of biopharmaceutical crops in
			 Oregon.
(2) Memoranda of
			 understanding (MOU's).
(a) ORS
			 561.740 authorizes the Director
			 of Agriculture and an appointee of the Director of Human Services to enter into
			 a MOU or other state-federal cooperative agreement designed to increase state
			 input to the federal biopharmaceutical crop permitting system on issues and
			 requirements of specific interest to the State. These rules clarify the
			 procedures for carrying out the provisions of ORS
			 561.740.
(b) ODA and DHS will enter into a separate
			 MOU or other cooperative agreement to clarify how they will interact during the
			 joint review of a biopharmaceutical crop permits and oversight of
			 biopharmaceutical crop production.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-1240 - Bentgrass Control Area in Jefferson County

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions: As used in this rule:
(a) "Modern biotechnology" means genetic
			 modification of organisms by recombinant DNA techniques.
(b) "Conventionally bred" means traditional
			 plant breeding not involving genetic modification of organisms by recombinant
			 DNA techniques.
(c) "Willamette
			 Valley counties" include: Benton, Clackamas, Lane, Linn, Marion, Multnomah,
			 Polk, Washington, and Yamhill counties in Oregon.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-1245 - Blueberry Nursery Stock Control Area

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Control area is established as
			 authorized under ORS 570.405 to
			 570.435 to protect Oregon's
			 blueberry fruit industry from the introduction of blueberry scorch virus.
			 Blueberry scorch virus is an aphid-borne plant disease that causes necrosis of
			 leaves and flowers in blueberry leading to a decline in productivity. Blueberry
			 scorch virus does occur in the Pacific Northwest but does not cause symptoms on
			 the commonly grown varieties. However, a more virulent strain of blueberry
			 scorch virus occurs in other areas that would have a severe impact on Oregon's
			 blueberry industry if it were introduced into Oregon. The strains of blueberry
			 scorch virus cannot be readily distinguished by standard laboratory testing
			 methods.
(2) This control area
			 includes the entire state of Oregon.
(3) The following definitions apply to ORS
			 603-052-1245:
(a) "Host plant" means plants
			 and plant parts of Vaccinium corymbosum, Vaccinium macrocarpon, V.membranaceum,
			 and Sambucus nigra are symptomless carriers of blueberry scorch virus and are
			 also considered host plants.
(b)
			 "Pest Free Area" means an area where blueberry scorch virus does not occur as
			 demonstrated by scientific evidence and in which, where appropriate, this
			 condition is being officially maintained.
(c) "Director" means the director of the
			 Oregon Department of Agriculture or the director's authorized representative.
(d) "Micropropagated" means plant
			 propagation using aseptic laboratory techniques and an artificial culture
			 medium.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-1300 - Purpose and General Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of these rules is to protect
			 Oregon's agriculture, economy, biodiversity, natural resources, and native
			 species from harmful plant pests (ORS
			 570.205). These rules further
			 this goal by regulating human activities associated with plant pests capable of
			 causing significant economic damage in this state or capable of having a
			 significant adverse effect on the environmental quality of Oregon.
Stat.Auth.: 570.205, 570.210 & 570.215
Stats. Implemented: ORS
				  570.215
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-1310 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in these rules, unless the context or a specially
				applicable definition requires otherwise:
(1) "Approved species" means an invertebrate
			 species that is not a plant pest that the Department has placed on the approved
			 list.
(2) "Department" or "ODA"
			 means the Oregon Department of Agriculture.
(3) "Import or importation" means to bring or
			 cause live invertebrates to be transported into Oregon by any means.
(4) "Invertebrate" means an animal without a
			 backbone.
(5) "Plant pest" is
			 defined in ORS 570.205.
(6) "Species" means a unit of classification
			 of animals, which are capable of interbreeding and producing fertile
			 offspring.
(7) "Wildlife" means
			 animals covered by Oregon Department of Fish and Wildlife rules, ORS
			 496.004 and OAR
			 635-045-002.
Stat.Auth.: 570.205, 570.210 & 570.215
Stats. Implemented: ORS
				  570.215
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-1330 - Changes to List of Approved Invertebrates

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Interested persons may petition the
			 Department to make changes or additions to the list of approved invertebrates
			 by following the procedures in the Administrative Procedures Act, ORS
			 183.390.
(a) The agency must either deny the petition
			 or initiate rulemaking within 90 days of receiving the petition. In deciding
			 whether to grant or deny a petition the Department may request additional
			 information from the petitioner necessary for completing a determination of
			 whether the invertebrate is capable of having a significant adverse effect on
			 the environmental quality of this state or causing significant level of
			 economic damage in Oregon.
(b) The
			 Department may deny a petition if information provided by the petitioner is
			 insufficient to allow the Department to make a science-based assessment of
			 whether an invertebrate poses a significant risk of adverse effect to the
			 environmental quality of this state or a significant level of economic damage
			 in Oregon.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-1340 - Permits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 may issue a permit allowing the possession or movement of a plant pest within
			 this state only if 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 or upon
			 conditions the Department may specify in any permit.
(2) Person requesting a permit shall petition
			 the Department in writing and include any additional information the Department
			 determines is necessary for review of such application.
(3) The Director of the Department of
			 Agriculture retains the final authority to approve or deny special permit
			 requests. Any action under a permit obtained from the Department shall be
			 subject to any conditions or restrictions set forth in the permit. Permit
			 conditions and restrictions may vary depending on the proposed action and its
			 potential risk as determined by the Department.
(4) Any permit holder who does not comply
			 with the conditions of a permit issued by the Department may be deemed in
			 violation of ORS 570.205 and ORS
			 570.215 and these
			 rules.
Stat.Auth.: 570.205, 570.210 & 570.215
Stats. Implemented: ORS
				  570.215
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-1350 - Premises and Permit Accessible to Department Officials

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Department officials shall have access to
			 the premises where the invertebrates are housed and to the permit during normal
			 business hours. The permit holder must keep a copy of the permit until it
			 expires, the invertebrates are no longer alive, or for one year after release
			 if release is allowable under the permit.
Stat.Auth.: 570.205, 570.210 & 570.215
Stats. Implemented: ORS
				  570.215
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-1360 - Violations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A plant pest,
			 other than a plant pest possessed or moved in compliance with these rules is a
			 public nuisance.
(2) The Department
			 may abate a public nuisance as described in ORS
			 570.105-570.190 including the summary
			 processes described in ORS
			 570.170 and
			 570.180.
(3) Any and all invertebrates possessed or
			 moved in violation of these rules must be returned immediately to the point of
			 origin by the Oregon receiver. The owner or person possessing or moving
			 invertebrates in violation of these rules shall return such invertebrates to
			 the point of origin under the direction of the Department and at the expense of
			 the possessor, owner, or agent of the owner.
(4) If the owner or person possessing or
			 moving invertebrates in violation of these rules fails to ship such
			 invertebrates to the point of origin, or at the discretion of the Department,
			 such invertebrates may be treated or destroyed under supervision of the
			 Department at the expense of the possessor, owner, or agent of the
			 owner.
(5) As provided in ORS
			 570.225(3), the
			 Department is not required to compensate a person for any loss incurred by the
			 possessor, owner, or agent of the owner under these rules.
Stat.Auth.: 570.205, 570.210 & 570.215
Stats. Implemented: ORS
				  570.215
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-1370 - Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 addition to any applicable fine or other penalty, the Department may impose a
			 civil penalty not to exceed $10,000 if a person violates these rules or the
			 conditions of a permit obtained from the Department pursuant to OAR
			 603-052-1340 above. See OAR 603-054-0070 for the civil penalty
			 matrix.
Stat.Auth.: 570.205, 570.210 & 570.215
Stats. Implemented: ORS
				  570.215
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-1380 - Invasive Species Council: Voting process, responsibilities and duties for Chair and Co-Chair

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each
			 calendar year, the Invasive Species Council members shall convene a quorum and
			 by a majority, vote to select a voting member of the council to serve as the
			 Chairperson and another voting member to serve as the Vice Chairperson of the
			 Oregon Invasive Species Council.
(a) The term
			 of office of each elected officer shall be for one calendar year with the term
			 beginning January 1 of each year.
(b) Before the expiration of a term, the
			 voting members shall elect, by a majority of a quorum, successors to the
			 Chairperson and the Vice Chairperson whose term begins on January 1 the
			 following year.
(c) The Chairperson
			 and Vice Chairperson may not serve more than two successive terms.
(d) If, for any reason, the position of
			 Chairperson or Vice Chairperson becomes vacant, the voting members of the
			 Council shall elect new officers by a majority of a quorum; the newly filled
			 position will become immediately effective for the remainder of the term of the
			 officer replaced.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-1391 - Quarantine: Importation of aquatic nursery stock infested with zebra mussels

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Area under
			 quarantine. All states, districts and territories of the United
			 States.
(2) Commodities covered.
			 The aquatic nursery stock
Aegagropila linnaei
(moss balls),
			 and any other aquatic nursery stock found to be infested with
Dreissena
			 polymorpha
(zebra mussel).
(3) Prohibitions.
Aegagropila
			 linnaei
nursery stock or any other aquatic nursery stock found to be
			 infested with
Dreissena polymorpha
(zebra mussel) are not
			 eligible for sale or shipment into Oregon unless the following conditions are
			 met:
(a)
Aegagropila linnaei
or any other aquatic nursery stock may be imported to Oregon if accompanied by
			 a certificate of quarantine compliance (CQC) stating that the
Aegagropila linnaei
nursery stock or any other aquatic nursery
			 stock was "inspected and found free of zebra mussel,
Dreissena
polymorpha'
; and
(b) The CQC must be issued by an appropriate
			 regulatory official within seven (7) days of shipment; and
(c) The department is notified prior to the
			 shipment as follows:
(A) The shipper shall
			 mail or e-mail documents including the CQC to Nursery Program, Plant Division,
			 Oregon Department of Agriculture, 635 Capitol Street NE, Salem, Oregon 97301;
			 e-mail: quarantine@oda.oregon.gov. For the purposes of this rule, unless the
			 context requires otherwise, the shipper is the person who sells and ships moss
			 balls into Oregon.
(B) The
			 notification shall list the type and quantity of plants, address of shipper,
			 address of recipient, and contact numbers.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-1400 - Quarantine Against Allium Leafminer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A quarantine will be established against
			 the Allium leafminer, ALM. Areas under quarantine will include any parts of the
			 United States where ALM is known to exist. Allium spp. host material from these
			 areas will be prohibited unless conditions are met that prevent the
			 introduction of ALM into Oregon. Additionally, importers will be required to
			 notify the Department prior to import of Allium spp. host materials from these
			 areas to enable ODA to inspect material entering the state.
(2) Establishing a Quarantine. A quarantine
			 is established against the allium pest, the Allium leafminer, Phytomyza
			 gymnostoma Loew, 1858 (Diptera: Agromyzidae), native to Germany and Poland and
			 found in the United States in Pennsylvania in 2015. The Allium leafminer is one
			 of the most important Allium (garlic, leek, and onion) pests in Europe. The
			 larvae feed on the leaves and can cause the death of small plants and leaves to
			 twist.
(3) Area Under Quarantine:
			 All infested states and territories in the United States.
(4) Articles and Commodities Covered: All
			 plant material from hosts listed below:
(a)
			 Garlic (Allium sativum)
(b) Onion,
			 green onion, shallots (Allium cepa and varieties)
(c) Leek (Allium ampeloprasum)
(d) Chives (Allium schoenoprasum)
(e) Ornamental Allium (including A. caeuleum,
			 A. flavum, A. giganteum, A. hollandicum, and A. rosenorum)
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-3000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
Cannabis may be lawfully cultivated in Oregon in a carefully
				controlled manner consistent with the laws of this state. However, cannabis if
				not carefully cultivated or controlled may lead to cannabis plants becoming
				quickly established in areas of private or public lands that are not
				permissible production areas. Volunteer cannabis may become uncontrolled
				cannabis and may spread rapidly on state, county and federally owned lands, as
				well as on property in individual ownership and so may constitute a menace to
				the agricultural and horticultural industries of this state.
Statutory/Other Authority: ORS
				  561.190 & ORS
				  570.405
Statutes/Other Implemented: ORS
				  570.405-570.415 & ORS
				  570.995
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-3010 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 responsibility for the eradication and control of uncontrolled cannabis rests
			 on cannabis producers, individual landowners and operators and any other
			 persons who may be responsible for the establishment or spread of uncontrolled
			 cannabis.
(2) Nothing in these
			 rules exempts any person from complying with any other applicable
			 laws.
Statutory/Other Authority: ORS
				  561.190 & ORS
				  570.405
Statutes/Other Implemented: ORS
				  570.405-570.415 & ORS
				  570.995
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-3020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Cannabis"
			 means the whole plant and seeds of the plant genus
Cannabis
within the plant family
Cannabaceae
including marijuana and
			 industrial hemp that is growing on any lands within Oregon.
(2) "Cannabis producer" means a person
			 lawfully cultivating cannabis.
(3)
			 "Department" means the Oregon Department of Agriculture.
(4) "Eradicate" or "eradication" means the
			 destruction of uncontrolled cannabis by lawful means.
(5) "Field" means a licensed or registered
			 production area where Cannabis is planted directly into the ground. A field may
			 include one or more contiguous plots of land managed as a single unit. These
			 plots may be separated by an unimproved farm road, ditch, or
			 hedgerow.
(6) "Industrial hemp"
			 means all parts of a growing cannabis plant that contains an average
			 tetrahydrocannabinol concentration that does not exceed 0.3 percent on a dry
			 weight basis.
(7) "Marijuana" means
			 all parts of a growing cannabis plant that does not include industrial
			 hemp.
(8) "Past occurrence of a
			 violation" means a notice of violation or notice of civil penalties that is
			 final by operation of law, or a stipulated agreement resolving a violation, for
			 the same or a similar type of violation issued within the preceding five years.
			 It includes a notice for the same or a similar type of violation that is the
			 subject of a pending appeal. It does not include a notice that has been
			 withdrawn or successfully appealed.
(9) "Permissible production area" means:
(a) An area where cannabis may be cultivated
			 pursuant to a valid license issued by the Oregon Liquor and Cannabis Commission
			 under ORS 475C.065;
(b) An area where cannabis may be cultivated
			 pursuant to a valid license issued by the Oregon Department of Agriculture
			 under ORS 571.281;
(c) An area where cannabis may be cultivated
			 pursuant to a valid registration issued by the Oregon Health Authority under
			 ORS 475C.792; and
(d) An area where cannabis may be cultivated
			 pursuant to ORS 475C.305 and does not exceed
			 four plants at a household.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-3030 - Control Area and Control Area Measures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Lands covered. All lands in Oregon not
			 subject to tribal control constitutes the control area for the purposes of
			 these rules.
(2) Cultivation and
			 harvest of cannabis within the control area. The cultivation and harvest of
			 cannabis within the control area shall comply with the following:
(a) No person may cultivate and harvest
			 cannabis in a manner that results in the spread or establishment of
			 uncontrolled cannabis on land that is not a permissible production
			 area.
(b) In developing appropriate
			 cultivation and harvest techniques, a cannabis producer should take into
			 consideration factors including but not limited to the topography of the land,
			 the proximity of other cultivated fields and vectors for the unintentional
			 transport of cannabis including wind direction or proximity to ditches or water
			 bodies.
(c) Cannabis may only be
			 cultivated in a permissible production area.
(d) Any person cultivating cannabis or any
			 person owning or occupying land upon a permissible production area shall
			 eradicate or prevent the seeding or other establishment of uncontrolled
			 cannabis plants.
(e) All cannabis
			 seeds or harvested plants must be transported in tarped or enclosed containers
			 from the fields where cannabis is cultivated to the area where it is
			 subsequently stored or processed.
(f) Processed cannabis seed must be
			 transported from the processing facility in a manner that prevents seed
			 loss.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 53 - INSPECTION FEES › Section 603-053-0100 - Fees and Charges for Hop Sampling and Analytical Services

Current through Register Vol. 63, No. 7, July 1, 2024
The following fees and charges are established for hop sampling
				and analytical services:
(1) Lot
			 inspection -- $1.25 per bale (Minimum Charge -- $35 per lot);
(2) 17¢ per bale additional for brewers
			 value;
(3) Supplemental Certificate
			 -- $6 per certificate.
Stat. Auth.: ORS
				  561.190, ORS
				  570.450, ORS 632 & ORS
				  633
Stats. Implemented: ORS
				  632.940 & ORS
				  632.945
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 53 - INSPECTION FEES › Section 603-053-0200 - Inspection Fees For Agricultural Products

Current through Register Vol. 63, No. 7, July 1, 2024
The following fees and charges are established for grading,
				inspection, and certification of horticultural and agricultural products and
				processes. Fees will be established in an amount reasonably necessary to cover
				the cost of providing grading, inspection, certification and auditing in the
				Shipping Point Inspection program and administration of the program pursuant to
				ORS 632.940:
(1) Separate fees and hourly rates for
			 inspection of fresh products at specific facilities may be available upon
			 request. At the option of the department, fees and hourly rates may be
			 established for specific facilities at an amount reasonably necessary to cover
			 the cost of services rendered. Such fees and hourly rates shall be calculated
			 by determining the costs, including administrative overhead, for providing the
			 service to the specific facility. Fees and rates established pursuant to this
			 section supersede the fee schedule and rates established herein.
(2) Regular inspection fees: Regular
			 inspection fees are established in an amount reasonably necessary to cover the
			 cost of providing the services and administration of the program in each of the
			 Shipping Point Inspection Districts. Regular inspection fees may include:
(a) A charge for a minimum of four hours of
			 service at a rate of $ 60 per hour unless otherwise specified by
			 contract;
(b) Travel time at the
			 rate of $ 60 per hour;
(c) Mileage
			 at the rate per mile established by the Department of Administrative
			 Services;
(d) Eight hours per day
			 at $ 60 per hour for a minimum of five days per week Monday through Friday
			 during the assignment;
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 53 - INSPECTION FEES › Section 603-053-0250 - Inspection Fees for Certification Program Services

Current through Register Vol. 63, No. 7, July 1, 2024
The following fees and charges are established for inspection,
				reporting and certification of horticultural and agricultural products and
				processes. Fees will be established in an amount reasonably necessary to cover
				the cost of providing services and administration in the Certification Program
				pursuant to ORS 632.940. Certification and
				third- party audit services will be provided on a first come, first served
				basis as qualified auditing staff is available. These include:
(1) USDA National Organic Program (NOP)
			 certification,
(a) Annual application fees
			 for USDA National Organic Program (NOP) certification at $1,000 for first-time
			 applicants and $750 for renewal applications; and
(b) A charge for a minimum of four hours of
			 inspection service at a rate of $108 per hour;
(c) Travel time at the rate of $108 per
			 hour;
(d) Mileage, lodging and per
			 diem reimbursed at rates established by the Department of Administrative
			 Services;
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 53 - INSPECTION FEES › Section 603-053-0400 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Department"
			 means the Department of Agriculture of the State of Oregon.
(2) "Director" means the Director of the
			 Department of Agriculture.
(3)
			 "Shipping Point Inspection Program (SPI)" means the state and/or federal
			 inspection program for fruits, vegetables and nuts.
Stat. Auth.: ORS
				  561.190, ORS
				  632.940 & ORS
				  632.945
Stats. Implemented: ORS
				  632.940 & ORS
				  632.945
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 53 - INSPECTION FEES › Section 603-053-0410 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The Department will establish an advisory committee for the
				Shipping Point Inspection Program (SPI). The SPI Advisory Committee will
				represent a balanced cross section of the affected industries as well as a
				geographic representation across the state. The Committee's primary role is to
				advise the Department on matters relating to the administration of the Shipping
				Point Inspection Program and may make recommendations concerning the inspection
				and certification services rendered by the Department.
Stat. Auth.: ORS
				  561.190, ORS
				  632.940 & ORS
				  632.945
Stats. Implemented: ORS
				  632.940 & ORS
				  632.945
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 53 - INSPECTION FEES › Section 603-053-0420 - Committee Members

Current through Register Vol. 63, No. 7, July 1, 2024
The SPI Advisory Committee will consist of 13 members
				representing applicants of the SPI Program including growers, shippers,
				packers, and processors. Members shall be appointed by the Director. The term
				of each member will be three years from the date of appointment, except initial
				terms of one, two and three years will be used to stagger the terms of the
				Committee members. Vacancies in office will be filled by appointment for the
				unexpired term.
Stat. Auth.: ORS
				  561.190, ORS
				  632.940 & ORS
				  632.945
Stats. Implemented: ORS
				  632.940 & ORS
				  632.945
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 53 - INSPECTION FEES › Section 603-053-0430 - Officers and Ex Officio

Current through Register Vol. 63, No. 7, July 1, 2024
The Director or an official representative shall serve as
				ex-officio members without the right to vote.
Stat. Auth.: ORS
				  561.190, ORS
				  632.940 & ORS
				  632.945
Stats. Implemented: ORS
				  632.940 & ORS
				  632.945
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 53 - INSPECTION FEES › Section 603-053-0440 - Meetings

Current through Register Vol. 63, No. 7, July 1, 2024
The Committee will meet at the call of the Director or an
				official representative at least once annually. A majority of the members
				constitutes a quorum (7 members constitutes a quorum), a majority vote of the
				quorum at any meeting shall constitute an official action (a minimum of 4
				members).
Stat. Auth.: ORS
				  561.190, ORS
				  632.940 & ORS
				  632.945
Stats. Implemented: ORS
				  632.940 & ORS
				  632.945
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 53 - INSPECTION FEES › Section 603-053-0450 - Travel and Miscellaneous Expenses

Current through Register Vol. 63, No. 7, July 1, 2024
Each member of the Committee, may, with the approval of the
				Director, be reimbursed for the actual and necessary expenses incurred in the
				performance of his or her official duties. However, members may not receive any
				consideration for serving on the Committee. The reimbursement shall be made at
				the rate established by the Department of Administrative Services. The
				Department will provide Committee members with the State of Oregon Travel
				Expense Detail Sheets to be completed within 60 days of incurred
				expenses.
Stat. Auth.: ORS
				  561.190, ORS
				  632.940 & ORS
				  632.945
Stats. Implemented: ORS
				  632.940 & ORS
				  632.945
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 54 - NURSERIES › Section 603-054-0014 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Annual sales"
			 means annual gross dollar volume of sales of nursery stock within Oregon for
			 the calendar year immediately proceeding the license year.
(2) "Annual purchases" means annual gross
			 dollar volume of purchases of nursery stock within Oregon for the calendar year
			 immediately proceeding the license year.
(3) "Collectors" means collectors of wild
			 plants grown or kept for propagation or sale.
Stat. Auth.: ORS 561 & 571
Stats. Implemented: ORS
				  571.057
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 54 - NURSERIES › Section 603-054-0016 - License Fees: Growers and Collectors

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The license fee for nursery growers,
			 other than greenhouse growers of herbaceous plants, and for collectors of
			 native plants shall be as follows: If Annual Sales are - The license fee is:
(a) Up to $20,000 = $148;
(b) $20,001-$100,000 = $148 plus.00472 over
			 $20,000;
(c) $100,001-$200,000 =
			 $526 plus.00437 over $100,000;
(d)
			 $200,001-$500,000 = $963 plus.00354 over $200,000;
(e) $500,001-$2,000,000 = $2,025 plus.00212
			 over $500,000;
(f) $2,000,001
			 & above = $5,205 plus.00061 over $2,000,000;
(g) Maximum Fee = $25,000.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 54 - NURSERIES › Section 603-054-0017 - License Fees: Greenhouse Growers of Herbaceous Plants

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The license fee for greenhouse growers of
			 herbaceous plants shall be as follows: If Annual Sales are - The license fee
			 is:
(a) Up to $20,000 = $148;
(b) $20,001-$100,000 = $148 plus .00173 over
			 $20,000;
(c) 100,001-$200,000 =
			 $286 plus .00140 over $100,000;
(d) $200,001-$500,000 = $426 plus .00069 over
			 $200,000;
(e) $500,001-$2,000,000
			 = $633 plus .00062 over $500,000;
(f) $2,000,001 & above = $1,563
			 plus.00056 over $2,000,000;
(g)
			 Maximum Fee = $25,000.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 54 - NURSERIES › Section 603-054-0018 - License Fees: Dealers, Florist and Landscape Contractors

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The license fee
			 for dealers, florist, and landscape contractors shall be as follows: If annual
			 purchases (live plant material only, cut flowers are exempt) are The license
			 fee is:
(a) Up to $20,000 = $148;
(b) $20,001-$100,000 = $148 plus.00173 over
			 $20,000;
(c) 100,001-$200,000 =
			 $286 plus.00140 over $100,000;
(d)
			 $200,001-$500,000 = $426 plus.00069 over $200,000;
(e) $500,001-$2,000,000 = $633 plus.00062
			 over $500,000;
(f) $2,000,001
			 & above = $1,563 plus.00056 over $2,000,000;
(g) Maximum Fee = $25,000.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 54 - NURSERIES › Section 603-054-0020 - Fees for European Pine Shoot Moth Survey

Current through Register Vol. 63, No. 7, July 1, 2024
The fee for licensed nurseries or Christmas tree growers
				requesting European pine shoot moth survey is established at $85 per location
				(field) per year.
Stat. Auth.: ORS 561 & ORS 571
Stats. Implemented: ORS
				  571.145
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 54 - NURSERIES › Section 603-054-0024 - Fees for Issuance of Phytosanitary and Other Certificates

Current through Register Vol. 63, No. 7, July 1, 2024
The following fees and charges are established for 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. The base charge for certificates will be $25
				each. The USDA administrative charge for federal phytosanitary certificates
				will be $12 for federal phytosanitary certificates completed by ODA personnel
				or $6 for federal phytosanitary certificates issued through
				PCIT.
Stat. Auth.: ORS 561 & 571
Stats. Implemented: ORS
				  571.145