reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-0191 - Inspection Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
In order to determine whether the provisions of OAR
				603-052-0190 have been complied with by the persons obligated to do so, the
				Department may inspect any field, orchard, residential property, public
				property, or abandoned property within the control area. If such person has
				been found to have failed, neglected, or refused to comply with the provisions
				of such rule, the Department may by written order delivered or mailed to the
				owner or person in possession, direct that the host plants or host trees be
				removed and destroyed in accordance with the provisions of OAR 603-052-0192.
				The Department may consult with any ad hoc plant pest control advisory
				committee established in the control area in order to ascertain whether
				adequate insect controls have been undertaken by particular persons and whether
				such persons have been advised of the necessity to control the described
				insects.
Stat. Auth.: ORS 561 & ORS 570
Stats. Implemented: ORS
				  561.190, ORS
				  561.510 - ORS
				  561.600, ORS
				  570.305, ORS
				  570.405 & ORS
				  570.410 - ORS
				  570.415
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-0192 - Control Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 order of the Department referred to in OAR 603-052-0191 may direct that
			 infested host plants or host trees be completely uprooted; cut off near the
			 ground level and the stump immediately treated with an effective herbicide; or
			 killed in place so as not to harbor insect pests. Additionally, the Department
			 may direct that any subsequent sprouts or regrowth of such trees also be
			 killed.
(2) If it is determined
			 that the order described in OAR 603-052-0191 has not been complied within five
			 days after its issuance, the failure to so comply shall be deemed to be a
			 violation of ORS 570.410 and subject the person
			 to whom the order was directed to the penalty provisions of ORS
			 570.990.
Stat. Auth.: ORS 561 & ORS 570
Stats. Implemented: ORS
				  561.190, ORS
				  561.510 - ORS
				  561.600, ORS
				  570.305, ORS
				  570.405 & ORS
				  570.410 - ORS
				  570.415
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-0260 - Hood River Control Area: Insect Pests and Diseases in Fruit Trees

Current through Register Vol. 63, No. 7, July 1, 2024
A control area as authorized by ORS
				570.405 to
				570.415 is hereby created for
				the control of insects, pests and diseases related to, but not limited to,
				Apple scab,
Pseudomonas
blight,
Coryneum
blight, Fire blight, Codling Moth, Pear psylla, San Jose scale, Peach leaf
				curl, Twig borer, Shot hole borer, Apple Maggot and Oriental fruit moth within
				the boundaries of Hood River County, Oregon.
Stat. Auth.: ORS 561 & ORS 570
Stats. Implemented: ORS
				  561.190, ORS
				  561.510 - ORS
				  561.600, ORS
				  570.305, ORS
				  570.405 & ORS
				  570.410 - ORS
				  570.415
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-0265 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 603-052-0260 to 603-052-0280, unless the context
				requires otherwise:
(1) "Disease
			 Organisms" means the diseases Pseudomonas blight (
Pseudomonas
			 syringae
), Coryneum blight (
Coryneum carpophilum
),
			 Peach leaf curl (
Taphrina deformans
), Fire blight
			 (
Erwinia amylovora
), and Apple scab (
Venturia
			 inaequalis
).
(2) "Host
			 Plant" or "Host Tree" means Pear (
Pyrus spp
.), Quince
			 (
Cydonia spp
.). Apple (
Malus spp
.), Peach
			 (Prunus spp.), and Apricot (
Prunus spp
.), Hawthorn
			 (
Crataegus spp
.), and may include other rosaceous hosts of
			 Apple Maggot as deemed necessary by the Oregon Department of
			 Agriculture.
(3) "Insect" means
			 Codling Moth (
Cydia pomonella
)(
Linnaeus
),
			 Oriental Fruit Moth (
Grapholitha molesta
)(Busck), Pear psylla
			 (
Psylla pyricola
)(Foerster), San Jose Scale
(Diaspidiotus perniciosus)(Comstock), Shot Hole Borer
				(
Scolytus rugulosus
)(Müller), Apple Maggot
				(
Rhagoletis pomonella
)(Walsh) and Peach Twig Borer
				(
Anarsia lineatella Zeller
).
Stat. Auth.: ORS 561 & 570
Stats. Implemented: ORS
				  561.190,
				  561.510-561.600,
				  570.305,
				  570.405 &
				  570.410-570.415
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-0270 - Intent and Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
It is the intent and purpose of OAR 603-052-0260 to
				603-052-0290 of this order, in part and not limited to, to prevent the build-up
				and the spread of injurious plant and tree pests from tree to tree and orchard
				to orchard; particularly from areas not properly treated, or from areas
				untreated or abandoned, to commercial or semi-commercial
				trees.
Stat. Auth.: ORS 570
Stats. Implemented: ORS
				  561.190, ORS
				  561.510 - ORS
				  561.600, ORS
				  570.305, ORS
				  570.405 & ORS
				  570.410 - ORS
				  570.415
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-0275 - Control by Spraying

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 host plants and host trees including, but not limited to, those in commercial
			 orchards and those on residential, public, and abandoned property within the
			 control area shall be sprayed by the owner or person in possession thereof by
			 using the agricultural chemicals or pesticide formulations, at the rate, at the
			 times, and in the manner recommended by Oregon State University (whether by its
			 own publications, approval of other publications, or otherwise).
(2) In order to determine whether the Apple
			 Maggot has infested any of the control area, and to determine the emergence
			 dates of the adult Apple Maggot in the control area the Department or its
			 contractor may annually inspect any of the areas described in section (1) of
			 this rule.
Stat. Auth.: ORS 561 & ORS 570
Stats. Implemented: ORS
				  561.190, ORS
				  561.510 - ORS
				  561.600, ORS
				  570.305, ORS
				  570.405 & ORS
				  570.410 - ORS
				  570.415
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-0280 - Inspection and Control Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In order to determine whether the
			 provisions of OAR 603-052-0275 have been complied with by the persons obligated
			 to do so, the Department may inspect any field, orchard, residential property,
			 public property, or abandoned property within the control area. If such person
			 has been found to have failed, neglected, or refused to comply with the
			 provisions of such section, the Department may, by written order delivered or
			 mailed to the owner or person in possession, direct that the host plants or
			 host trees be removed and destroyed in accordance with the provisions of
			 section (2) of this rule.
(2) The
			 only approved method for removal and destruction of host plants or host trees
			 is as follows:
(a) Digging out of the trees
			 or plants and their complete root structures; or
(b) Cutting down the trees or plants and
			 thereafter treating the remaining stump and root systems thereof with an
			 effective chemical to prevent their regrowth or resprouting.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-0328 - Klamath County Mint Disease Control Area Order

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As authorized by ORS
			 570.405 to
			 570.415, a control area is
			 established for the protection of the mint industry in Klamath County, Oregon,
			 against the introduction and spread of
Verticillium
wilt
			 disease caused by pathogens
Verticillium
spp. Such area
			 includes all of Klamath County, Oregon.
(2) The following methods are to be used in
			 the control area described in section (1) of this rule, to prevent the
			 introduction of and control the spread of
Verticillium
wilt
			 disease in the control area:
(a) Mint
			 propagation material imported into the control area for production of new mint
			 fields shall be limited to greenhouse-grown, nuclear generation rooted tip
			 cuttings certified by the Oregon State University Seed Certification Program;
			 certified by similar official certification programs in Colorado, Idaho,
			 Montana, or Washington; or other Department-approved official certification
			 programs of a comparable level;
(b)
			 All mint root stocks planted within the control area must be certified in
			 accordance with the requirements of subsection (a) of this section, be
			 certified by the Oregon State University Seed Certification Program in Klamath
			 County as Field Class IV or better root stocks, or have been inspected by the
			 Department in accordance with subsection (f) of this section;
(c) All farm equipment used in the commercial
			 production of mint must be cleaned free of soil and plant debris using methods
			 approved by Oregon State University or the Department prior to entering the
			 control area;
(d) Mint growers
			 shall provide the Department with complete maps showing the location of all
			 mint fields, and whether they were planted with certified or noncertified root
			 stocks. The source of certification or inspection shall be shown for each field
			 planted;
(e) Mint growers shall
			 retain documentation of the sources of mint root stocks for any new plantings.
			 New plantings shall be mapped and the maps submitted to the Department on or
			 before June 15 of each year that this control area Order is in effect;
			 and
(f) The Department shall
			 inspect mint fields not eligible for Oregon State University certification for
			 the presence of
Verticillium
wilt symptoms upon a request of
			 the grower. Such requests shall be mailed to the Department on or before June
			 15. Phytosanitary certificates shall be issued only for those fields found free
			 of
Verticillium
wilt symptoms and inspected after June 15 and
			 prior to harvest of the mint for oil production. The Department shall assess
			 the established site charges for time and mileage for any suc h
			 inspections.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-0347 - Control Area and Procedures in Malheur County

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As authorized by ORS
			 570.405 to
			 570.435, a control area is
			 established for the protection of the onion industry in the following described
			 area through the eradication or control of Allium white-rot disease caused by
			 Sclerotium cepivorum. Such control area includes all of Malheur County.
(2) The following methods of
			 control are declared to be the proper methods to be used in the control area
			 described in section (1) of this rule, for the control and prevention of the
			 introduction of Allium white-rot disease into the area:
(a) No person shall import into the control
			 area for the purpose of propagation any bulbs, sets, or seedlings of onion,
			 garlic, leek, chive, shallots, or other Allium spp. with the following
			 exceptions:
(A) The bulbs, sets, or seedlings
			 were produced in adjacent Idaho counties covered by the Idaho Rules Governing
			 White-Rot Disease of Onion (IDAPA 02.06.07) in Ada, Bingham, Blaine, Boise,
			 Bonneville, Canyon, Cassia, Elmore, Gem, Gooding, Jefferson, Jerome, Lincoln,
			 Madison, Minidoka, Owyhee, Payette, Power, Twin Falls, and Washington counties;
(B) The onion (Allium cepa) bulbs,
			 sets, or seedlings were produced in Maricopa County, Arizona and were shipped
			 in new single-use containers. Bulbs, sets, or seedlings may be shipped in
			 reusable plastic containers provided the reusable plastic containers were
			 sufficiently sanitized to eliminate potential Allium white rot contamination
			 prior to packing. Each shipment must be accompanied by a state phytosanitary
			 certificate declaring the bulbs, sets, or seedlings were produced in Maricopa
			 County and were officially inspected and found free of Allium white rot; for
			 bulbs, sets, or seedlings shipped in reusable plastic containers, the
			 sanitization treatment used to decontaminate the containers must be documented
			 on the state phytosanitary certificate accompanying the shipment. Recipients
			 and sellers of such onion bulbs, sets, or seedlings are required to notify the
			 Oregon Department of Agriculture - Ontario Field Office, PO Box 459, Ontario,
			 OR 97914, Phone: 541-889-5274, Fax: 541-889-5077, of the incoming shipment(s)
			 not less than two (2) days prior to arrival;
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-0360 - Control Area: Onion Maggot - Malheur County

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A control area is established within the
			 boundaries of Malheur County for the protection of the onion industry by the
			 eradication or control of the insect pest known as the onion maggot. This
			 control area order is based on IPM principles first recognized and used by
			 Malheur County growers in 1957.
(2)
			 The following methods of eradication and control are declared to be the proper
			 methods used in this control area order:
(a)
			 All cull or waste onions in Malheur County shall be disposed of by a method
			 approved by this control order prior to March 15 each year; for onions sorted
			 after that date until July 1, the resulting cull and waste onions shall be
			 disposed of within one week after such sorting;
(b) Disposal of cull or waste onions shall be
			 accomplished only as set forth below:
(A)
			 Disposal by covering in a dump site approved by the Oregon Department of
			 Environmental Quality (DEQ). Culls and onion debris shall be dumped and covered
			 by at least 12 inches of onion-free soil by March 15 each year;
(B) Disposal by animal feeding. Culls and
			 onion debris shall be completely removed from feeding areas by March 15 and
			 buried under 12 inches of onion-free soil. Onions tramped into the soil so they
			 cannot be removed shall be plowed to a depth of 12 inches;
(C) Disposal by chopping or shredding.
			 Chopped or shredded onion debris that is incapable of sprouting may be returned
			 to the field at a tonnage rate no higher than the DEQ-approved rate of 80 tons
			 per acre and plowed to a depth where no onion parts are exposed on the
			 surface;
(D) Composting. All onion
			 debris shall be incorporated into the compost bed and completely covered by 12
			 inches of onion-free soil;
(E)
			 Disposal of residue in onion producing fields. Commercial onion fields where
			 sort out bulbs are left at harvest shall be disked to destroy the bulbs and
			 shall be plowed to a depth of at least 12 inches by March 15 each year. Seed
			 bulbs shall be disposed of in the same manner following the last harvest. The
			 owner of the field is ultimately responsible for compliance with this
			 rule;
(F) If inclement weather
			 prevents plowing, the culls will be treated with an EPA-labeled insecticide
			 currently listed in the PNW Insect Control Handbook at prescribed intervals
			 until proper disposal occurs.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-0385 - Malheur County Bean Disease Control Area and Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As authorized
			 by ORS 570.405 to
			 570.435, a control area is
			 established for the protection of the bean seed industry in the following
			 described area through the eradication or control of seedborne bacterial
			 diseases, specifically: Halo Blight caused by Pseudomonas savastanoi pv.
			 phaseolicola (= P. phaseolicola); Common Bean Blight caused by Xanthomonas
			 axonopodis pv. phaseoli (= X. phaseoli and X. phaseoli var. fuscans); Bacterial
			 Brown Spot caused by Pseudomonas syringae pv. syringae (only strains virulently
			 pathogenic to Phaseolus sp.); Bacterial Wilt caused by Curtobacterium
			 flaccumfaciens pv. flaccumfaciens (= Corynebacterium flaccumfaciens);
			 Anthracnose caused by Colletotrichum lindemuthianum (teleomorph = Glomerella
			 lindemuthiana), soybean cyst nematode caused by Heterodera glycines, Asian
			 soybean rust caused by Phakopsora pachyrhizi, or any variations or new strains
			 of these diseases, which are recognized as virulently pathogenic and seedborne,
			 and/or a potential threat to seed production, all of which are hereafter
			 referred to as diseases of beans; such control area includes all of Malheur
			 County, Oregon.
(2) The following
			 methods of control are declared to be the proper methods to be used in the
			 control area described in section (1) of this rule, for the control and
			 prevention of the introduction of diseases of beans. All non-Phaseolus species
			 beans, from whatever source, used for planting purposes within Malheur County
			 must meet the requirements as dictated in Section 7 of this rule. All Phaseolus
			 species bean seed from whatever source, used for planting purposes within
			 Malheur County are subject to the following:
(a) Phaseolus species bean seed grown in
			 Malheur County for planting in Malheur County:
(A) Shall be certified in accordance with the
			 procedures and provisions of section (3) of this rule;
(B) Shall have a Malheur County planting
			 certificate number assigned by the Department;
(C) Shall have been Departmentally inspected
			 or bear approved tags; and
(D)
			 Shall have been grown and inspected for two consecutive preceding generations
			 in Malheur County under rill irrigation prior to growing under sprinkler
			 irrigation.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-0390 - Wallowa County Potato Disease Control Area and Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As authorized
			 by ORS 570.405 to 470.435 a control
			 area is established for the protection of the seed potato industry in Wallowa
			 County against the introduction and spread of potato diseases, including
			 viruses and pests. Such area includes all of Wallowa County, Oregon.
(2) The following methods are to be used in
			 the control area described in section (1) of this rule for the control of
			 potato diseases and pests within the control area and to prevent the
			 introduction of such diseases and pests into Wallowa County:
(a) All potato seed imported into the control
			 area shall have a Federal-State Shipping Point inspection and certification
			 prior to entering the control areas;
(b) All potato seed planted in the control
			 area for the purpose of producing commercial or seed quality potatoes shall be
			 of a quality which meets the minimum requirements of the Oregon State
			 University potato seed certification standards for Generation III, VT-SC Stock
			 established via stem-cutting, and must be eligible for recertification in the
			 growing area. Recertification quality shall be based on a winter test and must
			 meet the Oregon State University potato seed certification standard for
			 Generation III, VT-SC winter test tolerances;
(c) All potato seed sold in the control area
			 for the purpose of home garden or noncommercial potato production shall be of a
			 quality which meets the minimum requirements of the Oregon State University
			 potato seed certification standards for Oregon Foundation Class;
(d) Copies of all certification tags and
			 shipping point certificates shall be forwarded to the Department for final
			 approval of potato seed stock intended for use in the production of commercial
			 or seed quality potatoes within the control area; and
(e) All cull potatoes accumulated at the time
			 potatoes are dug and moved into storage shall be destroyed within 30 days
			 thereof, and all cull potatoes accumulated during shipment process shall also
			 be destroyed within 30 days thereof.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-0825 - Hazelnut Nursery Stock Control Area

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A control area is established as
			 authorized under ORS 561.510 and
			 570.405 to protect Oregon's
			 hazelnut industry from the introduction of Eastern filbert blight, caused by
			 the fungus Anisogramma anomala. Eastern filbert blight causes stem cankers in
			 ornamental and commercial hazelnuts leading to a decline in productivity and
			 eventual death of the plant. Eastern filbert blight does occur in the Pacific
			 Northwest but new commercial varieties of hazelnut are resistant to the local
			 strain. However, a more virulent strain of Eastern filbert blight occurs in
			 other areas that would have a severe impact on Oregon's ornamental and
			 commercial hazelnut industries if it were introduced into Oregon. The strains
			 of Eastern filbert blight 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
			 603-052-0825:
(a) "Hazelnut plants" means
			 plants and plant parts of Corylus species.
(b) "Pest Free Area" means an area where
			 Eastern filbert blight does not occur as demonstrated by scientific evidence
			 and, 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)
			 "Micropropagate" 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 603-052-0830 - Commercial Potatoes Produced in Oregon to be Grown from "Certified Seed"

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As authorized
			 by ORS 570.405 to
			 570.435, a control area is
			 established for the protection of the Oregon potato industry against the
			 introduction and spread of serious bacterial, fungal, viral, and nematode
			 diseases of potatoes. Such control area includes all of the state of
			 Oregon.
(2) The following methods
			 of control are declared to be proper methods to be used in the control area
			 described in section (1) of this rule:
(a)
			 All commercial potato plantings in Oregon in excess of one acre in size shall
			 be propagated from "certified seed" only;
(b) All Oregon potato growers shall be
			 responsible for obtaining proper certification documents or tags to verify that
			 all seed potatoes used for potato propagation comply with this rule. Such
			 documents shall be retained by the grower for one calendar year and shall be
			 provided to the Oregon Department of Agriculture upon written request for such
			 documentation. Such documentation shall include the total weight of certified
			 seed potatoes received by the grower in questions, and shall be issued only by
			 a legal certifying agency in the state or country of origin. Falsification of
			 seed potato certification documents shall be deemed to be in violation of ORS
			 570.410;
(c) Oregon Department of Agriculture
			 officials may sample any potato seed lot for the purpose of testing and
			 verification of compliance with "certified seed" only standards. Such
			 department official may enter any potato field for the purpose of conducting
			 inspections which may be required to carry out this rule;
(d) Definitions: "Certified seed" shall be
			 limited to seed which meets those standards established for "certified seed" by
			 the representing agency officially recognized by the state or country of
			 origin.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-0860 - Brassicaceae Production Districts and Rapeseed Control Areas

Current through Register Vol. 63, No. 7, July 1, 2024
As provided in ORS
				570.405 and
				570.450, the Oregon Department
				of Agriculture may establish control areas for the production of Brassicaceae
				so as to protect against plant diseases, plant pests or other conditions as may
				constitute a menace to the horticultural, agricultural or forest industries of
				Oregon. The Department may also establish the conditions for the production of
				Brassicaceae including rapeseed, for the general protection of the
				horticultural, agricultural or forest industries of Oregon by excluding from
				established control areas Brassica spp. or rapeseed plants that if, not managed
				in accordance with these rules, may be a menace to such areas and generally to
				horticultural, agricultural or forest industries.
Stat. Auth.: ORS
				  561.190,
				  570.405, &
				  570.450
Stats. Implemented: ORS
				  561.190,
				  561.510 -
				  561.600,
				  570.305,
				  570.405,
				  570.410 -
				  570.415 &
				  570.450
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-0861 - General Production Area/Protected Districts

Current through Register Vol. 63, No. 7, July 1, 2024
The seeding and growing of Brassicaceae by any person for any
				purpose in the state of Oregon shall be subject to the regulations of the
				general production area and, if applicable, a protected district as described
				in these rules.
Statutory/Other Authority: ORS
				  561.190,
				  561.510-561.600,
				  570.305,
				  570.405. 570.410-570.415,
				  570.450 & ORS 570.405
Statutes/Other Implemented: ORS
				  570.405-570.415 &
				  570.450
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-0880 - Protected Districts; Prohibitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Because the production of rapeseed crops
			 requires special care and isolation, within the following protected districts,
			 rapeseed with high or low erucic acid for oil production may be grown only as
			 consistent with the rules for each protected district. No person may violate
			 any provision of the rules governing each protected district.
(2) The following are protected districts:
(a) Willamette Valley Protected
			 District;
(b) Central Oregon
			 Protected District;
(c) Northeast
			 Oregon Protected District;
(d)
			 Malheur/Idaho Protected District.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-0882 - Willamette Valley Protected District

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Willamette Valley Protected
			 District
(a) "Willamette Valley
			 Protected District" means the area encompassed within a rectangle formed by the
			 point in Tillamook County that is the northwest corner of township 1 north,
			 range 6 west, the point in Multnomah County that is the most northeastern point
			 of township 1 north, range 2 east within Oregon, the point in Lane County that
			 is the southeast corner of township 19 south, range 2 east and the point in
			 Lane County that is the southwest corner of township 19 south, range 6 west. A
			 map of the area encompassed by the Willamette Valley Protected District is
			 available at:
https://oda.direct/Canola
.
(b) The Department may use the Protected
			 District Advisory Committee to advise and counsel the Department on the
			 production of rapeseed species in the protected district.
(c) Within the Willamette Valley Protected
			 District, canola for edible or inedible oil production may be grown only
			 pursuant to a permit issued by the Department
.
(d) After the effective date of SB 885 (80th
			 Oregon Legislative Assembly-2019 Regular Session), the production of canola for
			 edible and inedible oil production within the Willamette Valley Protected
			 District is limited to no more than 500 acres per crop year.
(e) Within the Willamette Valley Protected
			 District any canola must maintain an isolation distance of at least three (3)
			 miles from any Brassica Specialty Seed crop, unless an Isolation Distance
			 Exception agreement is on file with the Department.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-0884 - Central Oregon Protected District

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following
			 area is designated as the Central Oregon Protected Area: the entire counties of
			 Crook, Deschutes and Jefferson.
(2) Forage brassica and cover crop brassica
			 may be grown but shall not be allowed to flower.
(3) Rapeseed seed crops are prohibited in the
			 Central Oregon Protected District except under Research Permit (see
			 603-052-0901(1)). All rapeseed grown under research permit must meet the
			 following conditions:
(a) Within the Central
			 Oregon Protected District the required isolation distance shall be not less
			 than three miles;
(b) The location
			 of all rapeseed fields must be recorded at the appropriate Oregon State
			 University County Extension Office at least ten days prior to planting;
(c) All planting, harvest, and
			 transportation equipment shall be cleaned to prevent any inadvertant spread of
			 rapeseed from the field;
(d) All
			 unbagged loads of rapeseed transported within the protected district must be in
			 enclosed bins or in containers lined and covered in a manner to prevent seed
			 loss; and
(e) Any volunteer or
			 uncontrolled rapeseed in or around production fields must be prevented from
			 flowering by the producer.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-0886 - Northeast Oregon Protected District

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following area is designated as the
			 Northeast Oregon Protected District: the entire counties of Baker, Union and
			 Wallowa, except the following part of Wallowa County which is designated as a
			 general production area: Township 4N, Range 43E; Township 4N, Range 44E;
			 Township 4N, Range 45E; Township 5N, Range 43E; Township 5N, Range 44E; and
			 Township 5N, Range 45E; and those portions of Township 6N, Range 43E; Township
			 6N, Range 44E; and Township 6N, Range 45E falling within the State of Oregon.
(2) Forage brassica and cover crop
			 brassica may be grown but shall not be allowed to flower.
(3) Rapeseed seed crops are allowed in the
			 Northeast Oregon Protected District subject to the following requirements:
(a) Within the Northeast Oregon Protected
			 District the required isolation distance from any crops with which rapeseed
			 could cross-pollinate shall be not less than two miles;
(b) The location of all rapeseed fields must
			 be recorded at the appropriate Oregon State University County Extension Office
			 at least ten days prior to planting;
(c) All planting, harvest, and transportation
			 equipment shall be cleaned to prevent any inadvertent spread of rapeseed from
			 the field;
(d) All unbagged loads
			 of rapeseed transported through or within the protected district must be in
			 enclosed bins or in containers lined and covered in a manner to prevent seed
			 loss; and
(e) Any volunteer or
			 uncontrolled rapeseed in or around production fields must be prevented from
			 flowering by the producer.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-0888 - Malheur/Idaho Protected District

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The following area is designated as the Malheur/Idaho Protected District: in
			 Malheur County, a 3-mile wide strip of land along the Idaho border from the
			 point where Payette County, Idaho's northern border intersects Malheur County's
			 eastern border, south to the point where Highway 95 crosses the Oregon border.
			 This strip of land borders Idaho's rapeseed production district IV (IDAPA
			 02.06.13) where rapeseed production is prohibited. The rest of Malheur Co. is a
			 general production area.
(2)
			 Forage brassica and cover crop brassica may be grown but shall not be allowed
			 to flower.
(3) Rapeseed seed crops
			 are prohibited in the Malheur/Idaho Protected District.
Stat. Auth.: ORS
				  561.190,
				  561.510 -
				  561.600,
				  570.305,
				  570.405. 570.410 - 570.415 &
				  570.450
Stats. Implemented: ORS
				  570.405 -
				  570.415 &
				  570.450
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-0901 - Research, Summary, Changes

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Research Permits. The Department may issue research permits in any protected
			 district providing exemptions to the rapeseed control area rules for the
			 purpose of research. Persons requesting a research permit shall petition the
			 Department in writing and include the following:
(a) Research must include the involvement of
			 an accredited university;
(b) All
			 applicable conditions of rapeseed production must be met including pinning of
			 fields;
(c) The Director retains
			 the final authority to approve or deny research permit requests. Any action
			 under a research permit shall be subject to any conditions or restrictions set
			 forth in the permit, and these conditions and restrictions may vary depending
			 on the proposed action and its potential risk.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-0921 - Violations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No person shall
			 violate any control area rule governing the production of Brassicaceae in
			 Oregon.
(2) Consistent with ORS
			 561.280 and
			 570.405 and in addition to any
			 other lawful remedy, the Director may bring an action to enjoin the violation
			 or threatened violation of any provision of 570.405 and 570.450 or its rules.
			 Such action may be filed in the circuit court of Marion County or in the county
			 in which the violation or threatened violation occurs or is about to occur.
			 Consistent with applicable law, the relief requested may include, but is not
			 limited to, an order for summary destruction of any rapeseed crop.
(3) Notice of Noncompliance and Plan of
			 Correction. In addition to, or in lieu of, any action to enjoin enforcement of
			 these rules, the Director may issue a Notice of Noncompliance and Plan of
			 Correction to any person.
(a) A Notice of
			 Noncompliance informs the person to whom the notice is directed of the
			 violation, including a reference to the particular statute or administrative
			 rules involved, and the location of the violation;
(b) A Plan of Correction directs the person
			 to whom the plan of correction is directed to perform those actions necessary
			 to comply with the particular statute or administrative rules involved;
(A) Specifies a reasonable period of time by
			 which compliance is to be achieved not to exceed five (5) calendar days after
			 the notice is received;
(B) May
			 include requirements for the person to whom the plan of correction is directed
			 to report the completion of specific actions;
(c) A Notice of Noncompliance and Plan of
			 Correction is issued by the Director, is an order other than contested case for
			 purposes of judicial review, and must be served personally or by registered or
			 certified mail.
(d) Failure to
			 perform any of the requirements of a Plan of Correction may be considered by
			 the Director as a failure to correct the violation within the period of time
			 set for correction by the Director in the Notice of Noncompliance and Plan of
			 Correction and may result in any lawful enforcement including, but not limited
			 to, those remedies described in subsection (2) of this section.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-1020 - Quarantine Against Powdery Mildew of Hops

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Establishing Quarantine: A quarantine is
			 established against the powdery mildew disease of hops caused by the fungus
			 Podosphaera macularis (Wallr.) U. Braun & S. Takam. (= Sphaerotheca humuli
			 (DC.) Burr. and Podosphaera humuli (DC) Burrill), arabis mosaic viruses, hop
			 stunt viroid, ilarviruses, and Verticillium wilt caused by hop strains of
			 Verticillium albo-atrum.
(2) Area
			 under Quarantine: All states and districts of the United States, except those
			 counties in the states of Washington and Idaho covered by a comparable
			 quarantine.
(3) Commodities
			 Covered: Plants and all plant parts of hops, Humulus lupulus, excepting kiln
			 dried cones of hops are prohibited entry into this state directly, indirectly,
			 diverted or reconsigned. All used hop farming equipment entering the state from
			 the area under quarantine (see Section (2)) must be pressure-washed or
			 similarly cleaned to remove all plant debris and soil prior to entry.
(4) Conditions: Covered
			 commodities from the area under quarantine are prohibited.
(5) Special Permits: Persons wishing to
			 import covered commodities from the area under quarantine must apply in writing
			 for a Special Permit as authorized by OAR 603-052-0020. Applications for
			 Special Permits must list the prospective buyer and seller; the number, and
			 origin of stock; location of proposed planting site; and any other relevant
			 information. Special Permits, when granted, will list required safeguards to
			 prevent disease establishment.
(6)
			 Disposition of Commodities in Violation of the Quarantine: All covered
			 commodities described in section (3) of this rule found to be in violation of
			 this quarantine shall be returned immediately to point of origin by the Oregon
			 receiver, or at the receiver's option be destroyed under the supervision of the
			 Oregon Department of Agriculture without expense to or indemnity paid by the
			 Oregon Department of Agriculture. Violation of this quarantine may result in a
			 fine, if convicted, of not less than $500 no more than $5,000, as provided by
			 ORS 561.990. In addition, violators
			 may be subject to civil penalties of up to $10,000 as provided by
			 561.995.
Stat. Auth.: ORS 561 &
				  570.305
Stats. Implemented: ORS
				  561.190,
				  561.510 -
				  561.600 &
				  570.305
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-1030 - Control Area Against Rough Bluegrass in Union County

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As authorized by ORS
			 570.405, a control area is
			 established in Union County against the production or handling of rough
			 bluegrass,
Poa trivialis
, since such production or handling
			 would pose a potential threat of contamination to currently established grass
			 seed production in the area.
(2)
			 Extent of Control Area: all of Union County
(3) Commodities Covered: Rough bluegrass
			 (
Poa trivialis
), including any hybrids of the
			 species.
(4) Prohibited Acts:
(a) All commodities covered in section (4) of
			 this rule are prohibited from being planted, grown, cleaned, conditioned or
			 handled in Union county;
(b) Any
			 rough bluegrass which is planted, grown, cleaned, conditioned or handled in
			 Union County is subject to destruction as determined by the Director of the
			 Oregon Department of Agriculture. Such destruction shall be at the expense of
			 the owner or owners or their responsible agent or agents.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-1040 - Control Area Against Rough Bluegrass in Morrow and Umatilla Counties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As authorized
			 by ORS 570.405, a control area is
			 established in Morrow and Umatilla Counties against the production or handling
			 of rough bluegrass,
Poa trivialis
, since such production or
			 handling would pose a potential threat of contamination to currently
			 established grass seed production in the area.
(2) Extent of Control Area: all of Morrow and
			 Umatilla Counties.
(3) Commodities
			 Covered: rough bluegrass (
Poa trivialis
), including any
			 hybrids of the species.
(4)
			 Prohibited Acts:
(a) All commodities covered
			 in section (3) of this rule are prohibited from being planted, grown, cleaned,
			 conditioned or handled in Morrow and Umatilla Counties;
(b) Any rough bluegrass which is planted,
			 grown, cleaned, conditioned or handled in Morrow or Umatilla Counties is
			 subject to destruction as determined by the Director of the Oregon Department
			 of Agriculture. Such destruction shall be at the expense of the owner or owners
			 or their responsible agent or agents.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-1050 - Control Area Against Creeping Annual Bluegrass in Union County

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As authorized
			 by ORS 570.405, a control area is
			 established in Union County against the production or handling of the perennial
			 creeping type of annual bluegrass,
Poa annua
var.
reptans
, since such production or handling would pose a
			 potential threat of contamination to currently established grass seed
			 production in the area.
(2) Extent
			 of Control Area: all of Union County.
(3) Commodities Covered: perennial creeping
			 type annual bluegrass,
Poa annua
var.
reptans
, including any hybrids of the species.
(4) Prohibited Acts:
(a) All commodities covered in section (3) of
			 this rule are prohibited from being planted, grown, cleaned, conditioned or
			 handled in Union County.
(b) Any
Poa annua
var.
reptans
which is planted,
			 grown, cleaned, conditioned or handled in Union County is subject to
			 destruction as determined by the Director of the Oregon Department of
			 Agriculture. Such destruction shall be at the expense of the owner or owners or
			 their responsible agent or agents.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-1060 - Control Area Against Creeping Annual Bluegrass in Morrow and Umatilla Counties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As
			 authorized by ORS 570.405, a control area is
			 established in Morrow and Umatilla Counties against the production or handling
			 of the perennial creeping type of annual bluegrass,
Poa annua
var.
reptans
, since such production or handling would pose a
			 potential threat of contamination to currently established grass seed
			 production in the area.
(2) Extent
			 of Control Area: all of Morrow and Umatilla Counties.
(3) Commodities Covered: perennial creeping
			 type annual bluegrass,
Poa annua
var.
reptans
, including any hybrids of the species.
(4) Prohibited Acts:
(a) All commodities covered in section (3) of
			 this rule are prohibited from being planted, grown, cleaned, conditioned or
			 handled in Morrow and Umatilla Counties.
(b) Any
Poa annua
var.
reptans
which is planted, grown, cleaned, conditioned or
			 handled in Morrow or Umatilla Counties is subject to destruction as determined
			 by the Director of the Oregon Department of Agriculture. Such destruction shall
			 be at the expense of the owner or owners or their responsible agent or
			 agents.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-1075 - Control Area for Emerald Ash Borer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions
(a) "Nursery Stock" means plants and plant
			 parts there of, including but not limited to roots, scions, grafts, cuttings,
			 forest and ornamental trees and shrubs and plants collected in the wild that
			 are grown and kept for proprogation or sale.
(b) "Certificate of Control Area Compliance"
			 means a document authorized or prepared by the Department that certifies that,
			 for a specific time period, the holder was operating in accordance with a
			 Compliance Agreement.
(c) "Control
			 Area" means any portion of Oregon described in section (3) of this
			 rule.
(d) "Compliance Agreement"
			 means a written agreement between a person and the Department to achieve
			 compliance with this rule.
(e)
			 "Department" means the Oregon Department of Agriculture.
(f) "Firewood" means any whole or split
			 pieces of wood less than 48 inches (1.2 meters) in length or cut into a form
			 and size appropriate for use for fuel wood uses, such as home heating or
			 campfires. Compressed wood bricks, pellets, and other processed wood products
			 used for fuel wood uses are excluded from this definition.
(g) "Log" means any whole or split pieces of
			 wood longer than 48 inches (1.2 meters) in length.
(h) "Move" and "movement" mean shipped,
			 transported, carried; held or offered for shipment, transport, or carriage; or
			 received for shipment, transport, or carriage.
(i) "Scion Wood (Bud Wood)" means mature
			 dormant shoots, usually of the previous year's growth, used for grafting. The
			 scion is the part of the grafted plant that will produce the plant's
			 shoots.
(j) "State Official" means
			 an employee of the Oregon Department of Agriculture or other designated
			 individual authorized to enforce the provisions of this rule.
(k) "State Phytosanitary Certificate" means a
			 document issued by a certified state official that verifies that plants have
			 been inspected and are free from pests, pathogens, and invasive weeds of
			 concern to the importing state or country.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-1090 - Civil Penalty Matrix

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Magnitude of violation: The commission of prohibited acts specified below has
			 been determined to be a minor, moderate, or major violation.
(a) Minor:
(A) Failure to maintain proper certificates
			 or paperwork as required.
(B)
			 Importing firewood for personal use that does not meet the requirements of this
			 rule from outside the Pacific Northwest.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 52 - PEST AND DISEASE CONTROL › Section 603-052-1100 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules guide the Oregon State Department of Agriculture,
				Plant Division, in administering its Imported Timber Products Inspection
				Program, as provided in ORS
				570.700 to
				570.710.
Stat. Auth.: ORS
				  561.190, ORS
				  570.305 & ORS
				  570.700 - ORS
				  570.710
Stats. Implemented: ORS
				  570.705 & ORS
				  570.710