reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 95 - AGRICULTURAL WATER QUALITY MANAGEMENT PROGRAM › Section 603-095-4060 - Expedited Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon a
			 request from the person submitting a notice under ORS
			 196.911 and these rules, the
			 Oregon Department of Agriculture and the Oregon Department of Fish and Wildlife
			 may provide for expedited review under ORS
			 196.915(4) and
			 these rules, if the expedited review is necessary to allow for maintenance
			 activities to occur within a specific time period.
(2) Expedited review requests shall be
			 completed on a form provided by the Oregon Department of Agriculture. The form
			 must be filled out completely and accurately. If not the Oregon Department of
			 Agriculture may deny the request. The Department, in consultation with the
			 Oregon Department of Fish and Wildlife, will consider immediate threats to
			 public health, safety, or substantial property, including crop and farm land.
Statutory/Other Authority: ORS
				  196.816
Statutes/Other Implemented: ORS
				  196.816
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 100 - SHELLFISH SANITATION › Section 603-100-0010 - Sanitation of Shellfish Growing Areas and Harvesting, Processing and Distribution of Shellfish

Current through Register Vol. 63, No. 7, July 1, 2024
As provided in ORS
				622.180, the National Shellfish
				Sanitation Program, Guide for the Control of Molluscan Shellfish, 2019
				Revision, is hereby adopted as the rules governing this subject matter in
				Oregon. The material covered is that governing growing area survey and
				classification, controlled relaying, patrol of harvest areas, control of
				harvesting, aquaculture, laboratory and administrative procedures. In addition
				the rules cover the harvesting, handling and shipping of shellfish; wet
				storage; shucking and packing shellfish; shellfish shipping, heat shock,
				depuration and application of Hazardous Analysis Critical Control Point
				(HACCP). These rules are recommended by the Interstate Shellfish Sanitation
				Conference and the Food and Drug Administration of Health and Human
				Services.
Publications: Publications referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  561.190 &
				  622.180
Statutes/Other Implemented: ORS
				  622.180
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 100 - SHELLFISH SANITATION › Section 603-100-0030 - Submission of Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Plans for a
			 new shellfish plant or storage facility construction or existing plant
			 remodeling shall be submitted to the Department for review and approval at
			 least 90 days prior to actual construction.
(2) Plans shall be submitted as blue-prints,
			 photostats, or original drawing using India ink on substantial drawing paper.
			 The following information shall be included in the plans:
(a) Plot plan of grounds on which building is
			 to be constructed or addition is to be located showing size of area and
			 boundaries;
(b) Floor and elevation
			 plans drawn to scale showing the accurate location of equipment;
(c) Specifications and design detail of
			 equipment, location of plumbing fixtures, and materials used in all processing
			 and storage areas;
(d) If a
			 privately owned public water system is used, plans meeting the specifications
			 of OAR 333-061-0005 through 333-061-0095, Public Water Systems, must be
			 submitted to and approved by the appropriate agency.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 100 - SHELLFISH SANITATION › Section 603-100-0040 - Growers and Harvesters

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Growers and Harvesters must deliver shellfish intended for human consumption to
			 a shellfish shipper certified by the Oregon Department of Agriculture within 24
			 hours of harvest.
(2) Growers and
			 Harvesters may only sell shellfish intended for human consumption to shellfish
			 shippers certified by the Oregon Department of Agriculture.
Stat. Auth.: ORS
				  561.190 &
				  622.180
Stats. Implemented: ORS
				  622.180
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 100 - SHELLFISH SANITATION › Section 603-100-0050 - Shellstock Harvesting and Distribution from Non-Interstate Approved Harvest Areas

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each tag of any
			 shellstock harvested from a non-interstate approved harvest area shall include
			 the following statement in bold capitalized type, "OREGON DISTRIBUTION ONLY."
(a) This requirement is in addition to the
			 Shellstock Identification requirements found in the 2009 Version of the
			 National Shellfish Sanitation Program Guide for the Control of Molluscan
			 Shellfish.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 100 - SHELLFISH SANITATION › Section 603-100-0105 - Closure of Operations of Person Who Fails to Obtain a Required Certificate or Whose Certificate Lapses

Current through Register Vol. 63, No. 7, July 1, 2024
If a person fails to obtain a required certificate, or if a
				person allows a required certificate to lapse, the Department may order the
				closure of such person's operations. In ordering the closure of a person's
				operations for failing to obtain a required certificate or allowing a required
				certificate to lapse, the Department shall follow the procedures set forth in
				OAR 603-025-0520 to 603-025-0535.
Statutory/Other Authority: ORS 616.697, ORS
				  616.695, ORS
				  632.705-632.815, ORS 619, ORS 621-622,
				  ORS 624-625 & ORS
				  561.300
Statutes/Other Implemented: ORS 616.697 & ORS
				  183.745
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 100 - SHELLFISH SANITATION › Section 603-100-0100 - Certificate Fees; Rules

Current through Register Vol. 63, No. 7, July 1, 2024
As provided in ORS
				622.080, the Oregon Department
				of Agriculture establishes the following fees for persons engaged in the
				growing, production, harvesting or distribution of shellfish:
(1) Persons who receive $50,000 or less in
			 annual gross income from all shellfish operations shall pay:
(a) $300 for a certificate of shellfish
			 sanitation as a shucker-packer, or repacker. For a person operating a shellfish
			 shucking, packing or repacking plant for the distribution of
			 shellfish;
(b) $200 for a
			 certificate of shellfish sanitation as a grower. For a person engaged in the
			 business of growing shellfish;
(c)
			 $200 for a certificate of shellfish sanitation as a distributor, reshipper, or
			 shellstock shipper. For any jobber or wholesaler who furnishes or sells
			 shellfish to retail outlets;
(d)
			 $125 for a certificate of shellfish sanitation as a commercial harvester. For
			 any person harvesting clams or mussels for commercial purposes.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 100 - SHELLFISH SANITATION › Section 603-100-0110 - Annual Fees

Current through Register Vol. 63, No. 7, July 1, 2024
As provided in ORS
				622.290, the Oregon Department
				of Agriculture establishes the following annual cultivation fees for the use of
				state lands to cultivate oysters, clams, or mussels:
(1) For growing areas that have been
			 classified as prohibited, persons shall pay $5 per year for each acre claimed
			 pursuant to Chapter 675, Oregon Laws 1969, or claimed pursuant to a plat made
			 subsequent thereto.
(2) For growing
			 areas that have been classified as approved, conditionally approved,
			 restricted, or conditionally restricted shall pay $14 per year for each acre
			 claimed pursuant to Chapter 675, Oregon Laws 1969, or claimed pursuant to a
			 plat made subsequent thereto.
Stat. Auth.: ORS
				  561.190 &
				  622.290
Stat. Implemented: ORS
				  622.290
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 100 - SHELLFISH SANITATION › Section 603-100-0900 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Department of Agriculture Food Safety Program
				licenses and inspects all facets of Oregon's food distribution system, except
				restaurants, to ensure food is safe for consumption. Education and technical
				assistance are vital to the prevention, correction, and abatement of food
				safety violations, and are preferred over regulatory action. However,
				regulatory action may be necessary to deter violations of food safety laws and
				rules, to educate persons about the consequences of such violations, and to
				compel compliance with food safety laws for the protection of consumers. The
				Department intends to initiate civil penalty actions when educational measures,
				technical assistance, warning letters, compliance agreements or other remedial
				measures fail to achieve compliance.
Stat. Auth.: ORS
				  561.190 &
				  622.996
Stat. Implemented: ORS
				  622.996
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 100 - SHELLFISH SANITATION › Section 603-100-0910 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 603-100-0920 through 603-100-0930, unless
				otherwise required by the context, the following terms will be construed to
				mean:
(1) "Interference" means
			 hindering or impeding an activity or process, which includes, but is not
			 limited to any harassment, unreasonable delay, threat, concealment, deceit, or
			 obstruction.
(2) "Major," with
			 respect to violations, means an incident, or series of incidents that cause a
			 reasonable probability that serious adverse health consequences or death will
			 occur.
(3) "Minor," with respect to
			 violations, means an incident, or series of incidents that are not likely to
			 cause adverse health consequences.
(4) "Moderate," with respect to violations,
			 means an incident, or series of incidents that may cause temporary or medically
			 reversible adverse health consequences, or where the probability of serious
			 adverse health consequences is remote.
(5) "Repeat violation" means the recurrence
			 of the same violation for each 24-hour period after a notice of noncompliance
			 or assessment of civil penalty was issued within the preceding three years. It
			 does not include a violation if the previous notice is the subject of a pending
			 appeal or if the notice has been withdrawn or successfully appealed.
(6) "Same," with respect to violations, means
			 an identical recurrence, exact repetition, or a continuation of a previous
			 violation.
(7) "Violation" means
			 the failure to comply with any requirement of ORS
			 622.010 to
			 622.180, or any rule adopted
			 thereunder.
Stat. Auth.: ORS
				  561.190 &
				  622.996
Stat. Implemented: ORS
				  622.996
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 100 - SHELLFISH SANITATION › Section 603-100-0920 - Schedule of Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to any penalty available under ORS
				561.190 or
				622.992, the Department may
				impose a civil penalty with respective amounts for:
(1) Acting as a dealer without the
			 certificate or certificates of shellfish sanitation issued by the Department as
			 explained in ORS 622.020. Penalty - $5,000 to
			 $10,000.
(2) Operating outside of
			 the geographic area specified in a validated certificate of shellfish
			 sanitation as explained in ORS
			 622.040. Penalty - $5,000 to
			 $10,000.
(3) A dealer failing to
			 display the certificate of a dealer or certificates of shellfish sanitation in
			 accordance with the rules of ORS Chapter 622. Penalty - $100.
(4) A dealer sending or accepting any
			 shellfish without a signed statement in accordance with ORS
			 622.160. Penalties:
(a) Minor - $1,000 to $4,000;
(b) Moderate - $4,001 to $7,000; or
(c) Major - $7,001 to $10,000.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 100 - SHELLFISH SANITATION › Section 603-100-0930 - Penalty factors; procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 In imposing a penalty pursuant to the schedule adopted pursuant to ORS
			 621.995, the Department shall
			 consider the following factors, which are listed in prioritized order:
(a) The immediacy and extent to which the
			 violation threatens the public health or safety.
(b) Any prior violations of statutes, rules
			 or orders pertaining shellfish.
(c)
			 The past history of the person incurring a penalty in taking all feasible steps
			 or procedures necessary or appropriate to correct any violation.
(d) The economic and financial conditions of
			 the person incurring the penalty, including any financial gains resulting from
			 the violation.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 110 - STEWARDSHIP AGREEMENTS › Section 603-110-0100 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Improving fish
			 and wildlife habitat and water quality can not succeed through laws and
			 government actions alone. These rules implement ORS
			 541.423 which reflects and
			 depends upon Oregonians characteristic spirit of volunteerism and stewardship.
			 The rules provide the means for the Departments of Forestry and Agriculture to
			 implement a voluntary and flexible conservation incentives program that
			 recognizes and rewards agricultural, forest, and other landowners who choose to
			 exceed regulatory criteria for conservation, restoration, and improvement of
			 fish and wildlife habitat or water quality while managing land to meet their
			 objectives. Stewardship agreements will be long-term and consider conservation
			 from a property wide perspective, rather than at the scale of single localized
			 projects.
(2) This program provides
			 incentives for landowners who meet and exceed regulatory requirements to
			 achieve conservation. Regulatory requirements are continually reviewed and
			 revised in the face of new scientific information and changing social values.
			 As such, the relevant habitat and water quality statutes provide the means to
			 evaluate whether a landowner is meeting and exceeding regulatory
			 criteria.
(3) For lands and
			 activities falling under the Oregon Forest Practices Act, the purpose of the
			 stewardship agreement program is also to more efficiently implement the
			 provisions of the Act as a voluntary alternative to traditional mechanisms of
			 forest operation planning, review, inspection, and enforcement.
(4) The stewardship agreement program will
			 recognize other relevant landowner efforts, such as forest or agricultural
			 certification and habitat conservation plans, which have been developed by
			 landowners to meet their management objectives, as components that partially or
			 fully qualify a landowner for a stewardship agreement.
(5) The stewardship agreement program may not
			 meet the objectives of all landowners. Landowners who choose not to enter into
			 stewardship agreements, although they may be qualified to do so, are not
			 considered less protective of resources than those landowners who choose to
			 enter into stewardship agreements.
(6) Voluntary conservation, restoration, and
			 improvement of fish and wildlife habitat or water quality depends on effective
			 partnerships with other parties. The stewardship agreement program seeks to
			 develop and support cooperative and collaborative partnerships with federal,
			 state, and local agencies and with private conservation and landowner
			 organizations.
Stat. Auth.: ORS
				  541.423
Stats. Implemented: ORS
				  541.423
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 110 - STEWARDSHIP AGREEMENTS › Section 603-110-0200 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to OAR 603-110-0100 through
				603-110-1100.
(1)
			 "
Landowner
" means the owner identified in the management plan and
			 any agent or consultant authorized by the owner to implement the management
			 plan.
(2) "
Stewardship
			 agreement
" means a written agreement between the landowner and the
			 Department(s) that ensures the implementation of a management plan meeting the
			 intent of ORS 541.423.
(3) "
Management plan
" means a
			 written, multi-resource strategy for a particular tract of farm, forest, or
			 other land, describing how the landowner will manage the land under
			 consideration for a stewardship agreement to meet the intent of ORS
			 541.423 as laid out in OAR
			 603-110-0100 to 1100).
(4)
			 "
Department(s)
" refers to the Oregon Department of Forestry and/or
			 the Oregon Department of Agriculture.
(5) "
Inventory
" means describing
			 elements of land uses, such as pasture, crop land, timber land, habitat, and
			 other natural features, but not information that is proprietary or sensitive to
			 landowner financial interests.
(6)
			 "
Pesticides
" include but are not limited to herbicides,
			 insecticides, fungicides, and rodenticides. Pesticides are regulated under the
			 Oregon Pesticide Control Law (ORS 634) and the Oregon Pesticide Regulations
			 (OAR 603-057).
(7)
			 "
Conservation
" means the management of land, water, and natural
			 resources for the purpose of meeting human and ecological needs in a
			 sustainable manner.
Stat. Auth.: ORS
				  541.423
Stats. Implemented: ORS
				  541.423
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 110 - STEWARDSHIP AGREEMENTS › Section 603-110-0300 - Stewardship Agreement Application Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Landowner must submit a written
			 application on a form provided by the Departments. Information required
			 includes:
(a) Name, contact information,
			 property location, total acres, county, etc.
(b) Name of watershed the property is located
			 in.
(c) Map and description of
			 property, land uses, habitats, and water features (this does not need to
			 include detailed or sensitive information about economic uses of property; the
			 purpose is to know property boundaries, what habitats are present, and the
			 general land use context.
(d)
			 Name(s) of plans and programs landowner is implementing or participating in (if
			 any) and how they contribute to meeting the criteria in 603-110-0500, including
			 a copy of current certification (if any) or other conservation
			 agreements.
(e) Identification of
			 state, regional, and local conservation goals that the stewardship agreement is
			 implementing.
(f) Description of
			 conservation efforts for fish, wildlife, and water quality that are being used
			 or are proposed.
(g) Identify
			 management plan subject to the application review and subsequent
			 audits.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 110 - STEWARDSHIP AGREEMENTS › Section 603-110-0400 - Application Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applications
			 will be reviewed jointly by the Departments.
(2) Application review will include a review
			 of the past record of compliance with applicable laws and regulations regarding
			 land use and management.
(3) The
			 Departments will accept applications at any time and will review applications
			 in a reasonable time, normally within 90 days.
(4) For applications covering lands in both
			 agriculture and forest use, the Departments will designate one of the
			 Departments to be the primary contact for development of the agreement, with
			 both Departments approving the agreement.
(5) The Department(s) will consult with
			 appropriate state and federal agencies and other conservation partners
			 regarding potential issues related to their responsibilities and
			 expertise.
(6) The Department(s)
			 and landowner will work jointly to develop a draft stewardship agreement. This
			 will include a site visit with the landowner.
Stat. Auth.: ORS
				  541.423
Stats. Implemented: ORS
				  541.423
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 110 - STEWARDSHIP AGREEMENTS › Section 603-110-0500 - Criteria To Evaluate Adequacy Of A Landowner Management Plan To Meet Purpose Of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The management
			 plan will include provisions to protect or conserve fish and wildlife habitat,
			 water resources, and soil resources appropriate to the property and consistent
			 with landowner objectives.
(2) The
			 management plan will be reviewed against the following criteria (a)-(c) to
			 determine whether the landowner is implementing management actions that exceed
			 regulatory requirements for the conservation, restoration, and improvement of
			 fish and wildlife habitat or water quality.
(a) Management actions to conserve, restore,
			 and improve fish and wildlife habitat
(A)
			 Specific conservation goals for fish and wildlife habitat are
			 established.
(B) Alignment with
			 Oregon's 'Comprehensive Wildlife Conservation Strategy', an adopted subbasin
			 plan, and/or other watershed or landscape-scale conservation plan is
			 demonstrated.
(C) Invasive species
			 are identified, controlled, and where possible, eliminated.
(D) Threatened, endangered, and at-risk
			 species and associated habitats are protected, enhanced, or restored.
(E) Food, water, and shelter components of
			 habitat for fish and wildlife are provided (e.g. snags, nesting trees, downed
			 wood, side-channels, bat/bird/bee boxes hedgerows, field edges,
			 etc.).
(F) Crop selection and/or
			 management accommodates fish and wildlife habitat needs.
(G) Native habitat is restored and enhanced,
			 consistent with historic vegetative patterns. Restoration includes diverse
			 native species, structure, and age of vegetation appropriate to the site and
			 its regional context.
(H) Special
			 consideration is given to native habitats known to be uncommon, rare or at risk
			 (i.e. prairie, oak woodland, bottomland hardwood forest).
(I) Natural hydrology is restored to provide
			 habitat for native fish and other aquatic species.
(J) Where feasible, natural disturbance
			 processes like fire and flooding are allowed to function.
(K) Road disturbances to fish and wildlife
			 habitat are minimized.
(L) Fish
			 passage limitations are addressed.
(M) Water diversions are screened or
			 otherwise managed to provide fish passage and prevent entrapment.
(N) Water withdrawals are managed to enhance
			 the needs of fish and wildlife habitat.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 110 - STEWARDSHIP AGREEMENTS › Section 603-110-0600 - Stewardship Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 agreement will include the landowner's commitment to:
(a) Implement the activities and monitoring
			 identified in this agreement for enhancing conservation, restoration, and
			 improvement of fish and wildlife habitat or water quality.
(b) Comply with and manage beyond relevant
			 habitat and water quality rules and statutes.
(c) Allow audits and assist with the process,
			 as appropriate.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 110 - STEWARDSHIP AGREEMENTS › Section 603-110-0700 - Decision Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 State Forester is delegated full authority by the Board of Forestry to
			 implement the provisions of ORS
			 541.423, including but not
			 limited to review of management plans and preparation and approval of
			 stewardship agreements.
(2) Prior
			 to approving a stewardship agreement, the Departments will provide public
			 notice and 21 days for comment on the proposed agreement.
(3) When the Departments determine that
			 comments from the review process are adequately addressed, the stewardship
			 agreement will be approved.
(4) The
			 Departments will give notice of approval, termination, and revisions of a
			 stewardship agreement to each other, to the Oregon Department of Fish and
			 Wildlife, and to the Oregon Watershed Enhancement Board.
(5) If the management plan includes potential
			 chemical application operations related to forest operations, the State
			 Forester will give notice of approval of a stewardship agreement to:
(a) Any person with surface water rights
			 pursuant to ORS Chapter 537 who, under the provisions of ORS
			 527.670(6), has
			 previously requested in writing from the State Forester copies of notifications
			 and written plans for chemical application operations within ten upstream miles
			 of the water right location; and
(b) The community water system manager of any
			 community water system where the surface water drainage area upstream of the
			 intake is 100 square miles or less and the management plan includes potential
			 aerial chemical application operations within 100 feet, or ground-based
			 chemical application operations within 50 feet, of the Type D or domestic use
			 portions of Type F streams that provide water used by the community water
			 system.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 110 - STEWARDSHIP AGREEMENTS › Section 603-110-0800 - Stewardship Agreement Audits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department(s) will conduct periodic audits with the landowner on lands under a
			 stewardship agreement.
(2) The
			 landowner will provide authorization for the Department (or its designated
			 agent) that is party to the stewardship agreement to conduct periodic audits on
			 lands subject to the stewardship agreement to determine whether the management
			 plan is being implemented and whether the stewardship agreement should be
			 continued, revised, or discontinued.
(3) For the purpose of the stewardship
			 agreement rules, an audit means a review of land management and resource sites
			 identified in the stewardship agreement to determine if the terms and
			 conditions of the stewardship agreement are being met.
(4) The frequency and the number of audits
			 may vary based on the Departments' evaluation of the relative complexity of the
			 management plan, the terms of the stewardship agreement, or the performance
			 observed during previous audits.
(5) Audits will be conducted at least once
			 every three years. Landowners may request additional audits to help them assess
			 their performance under the stewardship agreement or to provide an annual
			 government certification of their operation.
(6) The Departments will provide an audit
			 report to the landowner within a reasonable period, normally 45 days, with
			 recommendations for needed revisions to the stewardship agreement.
Stat. Auth.: ORS
				  541.423
Stats. Implemented: ORS
				  541.423
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 110 - STEWARDSHIP AGREEMENTS › Section 603-110-0900 - Revising Stewardship Agreements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The landowner and the Departments will
			 cooperatively revise the stewardship agreement if:
(a) The landowner requests a
			 revision;
(b) An audit report
			 recommends revising the stewardship agreement;
(c) Any portion of the land changes ownership
			 resulting in that land being removed from the stewardship agreement as per
			 603-110-1000(3).
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 110 - STEWARDSHIP AGREEMENTS › Section 603-110-1000 - Terminating Stewardship Agreements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The appropriate Department will issue a
			 written notice to terminate a stewardship agreement when:
(a) The landowner is negligent in meeting the
			 terms of the stewardship agreement;
(b) The landowner willfully disregards the
			 terms of the stewardship agreement; or
(c) The State Forester or Department of
			 Agriculture and landowner fail to reach agreement about revisions required
			 under OAR 603-110-0900 within a reasonable period, normally 45 days.
(d) Failure to comply with Federal
			 environmental laws could be criteria for terminating or suspending a
			 stewardship agreement.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 110 - STEWARDSHIP AGREEMENTS › Section 603-110-1100 - Periodic Review of Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 An interagency review of the Departments' implementation of the stewardship
			 agreement program will be produced biennially, and presented to the Board of
			 Forestry and Board of Agriculture. This report will include:
(a) A description of the agreements
			 approved
(b) Areas of concern
			 regarding implementation of the program
(c) A review of the coordination between the
			 two Departments
(d) Recommendations
			 to revise or modify the program
(e)
			 A review of program effectiveness for enhancing fish and wildlife habitat and
			 water quality.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 111 - Posting of Gasoline Tax Information › Section 603-111-0010 - Posting of Gasoline Excise Taxes at Retail Gas Stations

Current through Register Vol. 63, No. 7, July 1, 2024
Definitions
(1) "Gas
			 Station" means a place of business where gasoline is sold as a fuel for motor
			 vehicles.
(2) "CFP" means the ODEQ
			 Clean Fuels Program adopted by rule pursuant to ORS
			 468A.266 and OAR 340-253-000 -
			 OAR 234-253-8100.
(3) "Director"
			 means the Director of the Oregon Department of Agriculture or his or her
			 designee.
(4) "Motor Vehicle" means
			 a self-propelled vehicle, such as a car or truck, that is powered primarily by
			 a spark ignition internal combustion engine, is used for transporting people or
			 goods, and is registered for operation on public roads.
(5) "ODA" means the Oregon Department of
			 Agriculture.
(6) "ODEQ" means the
			 Oregon Department of Environmental Quality.
(7) "Reasonable Customer's Point of View"
			 means the perspective of a person:
(a)
			 standing outside the vehicle using a fuel nozzle at a gas station operating
			 pursuant to ORS 480.345; or
(b) seated in the driver's side of the
			 vehicle during refueling at all other gas stations.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 111 - Posting of Gasoline Tax Information › Section 603-111-0020 - Posting of Gasoline Taxes

Current through Register Vol. 63, No. 7, July 1, 2024
Posting of Gasoline Excise Taxes
(1) Gas stations must post the following
			 gasoline excise tax information either on or near the gasoline dispensers, on
			 the point of sale receipt, or the customer's periodic invoice:
(a) the current federal gasoline excise
			 tax;
(b) the current state gasoline
			 excise tax;
(c) the current local
			 gasoline excise tax; and
(d) the
			 combined total federal, state, and local gasoline excise tax.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 111 - Posting of Gasoline Tax Information › Section 603-111-0030 - Option to Post the Cost per Gallon of the CFP

Current through Register Vol. 63, No. 7, July 1, 2024
Option to Post the Cost per Gallon of the CFP.
(1) Posting the cost per gallon of the CFP at
			 a gas station is optional.
(2) If
			 the owner or operator of a gas station posts the cost per gallon of the CFP at
			 a gas station then the owner or operator must post;
(a) the cost per gallon of the CFP, as
			 published on ODEQ's website and as updated by ODEQ no later than April 15th of
			 each year; and
(b) the concurrent
			 total greenhouse gas reduction attributable to the CFP, as published on ODEQ's
			 website and as updated by ODEQ no later than April 15th of each year.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 111 - Posting of Gasoline Tax Information › Section 603-111-0040 - Enforcement Proceedings; Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
Enforcement Proceedings; Civil Penalties
(1) Each violation of any provision of ORS
			 646.932 or rules implementing
			 that provision is a separate and distinct violation, and, in cases of
			 continuing violations, each day's continuance is a separate and distinct
			 violation. Notwithstanding, the ODA may consolidate proceedings involving
			 multiple violations against the same person or entity into a single
			 proceeding.
(2) Hearings shall be
			 conducted as contested case hearings pursuant to the applicable provisions of
			 ORS 183.413 to
			 183.471 and OAR 137-003-0501 to
			 137-003-0700.
(3) A civil penalty
			 imposed under ORS 646.932 and these regulations
			 may be remitted or reduced at the Director's discretion upon such terms and
			 conditions that are proper and consistent with public safety and
			 welfare.
(4) Civil penalties shall
			 be assessed in accordance with ORS
			 183.745 according to the
			 following schedule based upon enforcement history;
(A) First violation: Notice of
			 Non-Compliance.
(B) Second
			 violation: A Notice of Violation.
(C) Third violation: A monetary civil penalty
			 of $50.
(D) Subsequent violations:
			 A monetary civil penalty of $100 per violation.
Oregon Administrative Rules › Chapter 604 - DEPARTMENT OF AGRICULTURE, OREGON FINE FESCUE COMMISSION › Division 1 - PROCEDURAL RULES › Section 604-001-0000 - Procedure for Notice of Intended Rulemaking

Current through Register Vol. 63, No. 7, July 1, 2024
Before adopting, amending or repealing any permanent rule, the
				Oregon Chewings Fescue and Creeping Red Fescue commission will give notice of
				the intended action.
(1) In the
			 Secretary of State's Bulletin, referred to in ORS
			 183.360, at least 21 days before
			 the effective date of the rule;
(2)
			 By mailing a copy of the notice to persons on the Oregon Chewings Fescue and
			 Creeping Red Fescue Commission's mailing list established pursuant to ORS
			 183.335(7) at
			 least 28 days before the effective date of the rule;
(3) By mailing a copy of the notice to the
			 legislators specified in ORS
			 183.335(14) at
			 least 49 days before the effective date of the rule; and
(4) By mailing or furnishing a copy of the
			 notice to:
(a) The Associated Press;
(b) Associations with an interest in
			 Commission's rulemaking and publications whose readers have an interest in the
			 Commission's activities; and
(c)
			 Newspapers in primary production regions of the commodities represented by the
			 commission.
Oregon Administrative Rules › Chapter 604 - DEPARTMENT OF AGRICULTURE, OREGON FINE FESCUE COMMISSION › Division 10 - GENERAL › Section 604-010-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR
				604-010-0011  and
				604-010-0015,
				unless otherwise required by context:
(1) "Person" means any individual,
			 corporation, association, partnership, and joint stock company.
(2) "Commission" means the Fine Fescue
			 Commission.
(3) "Casual Sale" means
			 any sale or sales of Chewings Fescue seed, Creeping Red Fescue seed or Highland
			 Bentgrass seed, or blend consisting of 50 percent or more of Highland Bentgrass
			 seed, made by the producer direct to the consumer where the total accumulated
			 sales during a calendar year is not more than 100 pounds.
(4) "First Purchaser" means any person who
			 buys Chewings Fescue seed, Creeping Red Fescue seed or Highland Bentgrass seed,
			 or blend consisting of 50 percent or more of Highland Bentgrass seed, from the
			 producer in the first instance, or handler who received the seed in the first
			 instance from the producer for resale or processing.
(5) "Producer" means a person or other legal
			 entity producing Chewings Fescue seed, Creeping Red Fescue seed or Highland
			 Bentgrass seed, or blend consisting of 50 percent or more of Highland Bentgrass
			 seed, for market, whether as landowner, landlord, tenant, sharecropper, or
			 otherwise.
(6) "Handler" means any
			 producer, processor, or distributor, or other person engaged in the handling or
			 marketing of or dealing in Chewings Fescue seed, Creeping Red Fescue seed or
			 Highland Bentgrass seed, or blend consisting of 50 percent or more of Highland
			 Bentgrass seed, whether as an owner, agent, employee, broker, or
			 otherwise.
(7) "Fescue" means
			 Chewings Fescue seed or Creeping Red Fescue seed.
(8) "Highland Bentgrass" means Highland
			 Bentgrass seed (
Agrostis castellana
).
Stat. Auth.: ORS 576, SB 946 (2011)
Stats. Implemented: ORS 576, SB 946
				  (2011)
Oregon Administrative Rules › Chapter 604 - DEPARTMENT OF AGRICULTURE, OREGON FINE FESCUE COMMISSION › Division 10 - GENERAL › Section 604-010-0011 - Assessments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person who
			 is a first purchaser (or who otherwise is required to pay an assessment to the
			 Oregon Fine Fescue Commission) for all purchases made on or after April 1,
			 2002, shall deduct and withhold an assessment of one percent (1%) of the price
			 per pound of seed purchased from the price paid to the producer thereof for all
			 Fescue seed grown in Oregon.
(2)
			 Any person who is a first purchaser (or who otherwise is required to pay an
			 assessment to the Oregon Fine Fescue Commission) shall deduct and withhold an
			 assessment of $1.75 for each 100 pounds on a clean seed basis from the price
			 paid to the producer thereof, on and after July 1, 2010, for Highland Bentgrass
			 seed or any commodity or mixture which contains more than 50 percent of
			 Highland Bentgrass seed.
Stat. Auth.: ORS 576, SB 946 (2011)
Stats.Implemented: ORS
				  576.325 -
				  576.375, SB 946
				  (2011)
Oregon Administrative Rules › Chapter 604 - DEPARTMENT OF AGRICULTURE, OREGON FINE FESCUE COMMISSION › Division 10 - GENERAL › Section 604-010-0015 - Reports and Payment by First Purchaser

Current through Register Vol. 63, No. 7, July 1, 2024
(1) First purchasers and handlers, as defined
			 in
			 604-010-0005(4) and
			 (6), must submit completed and signed
			 assessment reports on commission approved form.
(2) Assessment reports shall include all
			 purchases by or deliveries to a first purchaser or handler of Fescue seed (net
			 paid weight) and all purchases by or deliveries to a first purchaser or handler
			 of Highland Bentgrass seed or any commodity or mixture which contains more than
			 50 percent of such Highland Bentgrass seed.
(3) Quarterly assessment reports are due in
			 the commission office postmarked on or before the 30th day of the reporting
			 month specified below. Quarterly assessments shall be reported as follows:
(a) January, February, March assessments are
			 reported on or before April 30th;
(b) April, May, June assessments are reported
			 on or before July 30th;
(c) July,
			 August, September assessments are reported on or before October 30th;
(d) October, November, December assessments
			 are reported on or before January 30th.
Oregon Administrative Rules › Chapter 604 - DEPARTMENT OF AGRICULTURE, OREGON FINE FESCUE COMMISSION › Division 20 - PER DIEM COMPENSATION › Section 604-020-0100 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Actual and
			 necessary" means that a travel or other expense:
(a) Is an actual expense incurred by a member
			 in carrying out official duties; and
(b) The expense is necessary to enable the
			 member to carry out official duties.
Oregon Administrative Rules › Chapter 604 - DEPARTMENT OF AGRICULTURE, OREGON FINE FESCUE COMMISSION › Division 20 - PER DIEM COMPENSATION › Section 604-020-0110 - Qualified Members

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In accordance
			 with the procedures set forth in OAR 604-020-0130  and OAR 604-020-0140, the
			 Oregon Fine Fescue Commission shall provide to a qualified member of the Oregon
			 Fine Fescue Commission:
(a) Per diem
			 compensation equal to the per diem paid to members of the Legislative Assembly
			 under ORS
			 171.072,
			 for each day or portion thereof during which the qualified member is actually
			 engaged in the performance of official duties; and
(b) Reimbursement of actual and necessary
			 travel or other expenses actually incurred in the performance of a member's
			 official duties within the limits provided in Oregon Accounting Manual Policy
			 40.10.00.
Oregon Administrative Rules › Chapter 604 - DEPARTMENT OF AGRICULTURE, OREGON FINE FESCUE COMMISSION › Division 20 - PER DIEM COMPENSATION › Section 604-020-0120 - Non-Qualified Members

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In accordance
			 with the procedures set forth in OAR 604-020-0130, and only if there are funds
			 available in the budget for such compensation, the Oregon Fine Fescue
			 Commission may provide to a non-qualified member of the Oregon Fine Fescue
			 Commission who is not employed in full-time public service per diem
			 compensation equal to the per diem paid to members of the Legislative Assembly
			 under ORS
			 171.072,
			 for each day or portion thereof during which the non-qualified member is
			 actually engaged in the performance of official duties.
(2) In accordance with the procedures set
			 forth in OAR 604-020-0140, the Oregon Fine Fescue Commission shall provide to a
			 non-qualified member of the Oregon Fine Fescue Commission reimbursement of
			 actual and necessary travel or other expenses actually incurred in the
			 performance of a non-qualified member's official duties within the limits
			 provided in Oregon Accounting Manual Policy 40.10.00.
(3) A non-qualified member of the Oregon Fine
			 Fescue Commission may decline to accept compensation or reimbursement of
			 expenses related to the non-qualified member's service on the Oregon Fine
			 Fescue Commission.
Statutory/Other Authority: ORS
				  576.265  & ORS
				  576.304
Statutes/Other Implemented: ORS
				  292.495  & ORS
				  576.265
Oregon Administrative Rules › Chapter 604 - DEPARTMENT OF AGRICULTURE, OREGON FINE FESCUE COMMISSION › Division 20 - PER DIEM COMPENSATION › Section 604-020-0130 - Procedures for Payment of Per Diem Compensation

Current through Register Vol. 63, No. 7, July 1, 2024
A member must submit a written claim for compensation to the
				Oregon Fine Fescue Commission no later than the 15th day of the calendar month
				following the month for which the member seeks compensation. For example, a
				claim for compensation for May 1 and May 10 must be submitted by June 15. The
				member must specify the amount of time the member spent performing official
				duties, as well as the nature of the official duties performed, for any day or
				portion thereof for which the member claims compensation.
Statutory/Other Authority: ORS
				  576.265  & ORS
				  576.304
Statutes/Other Implemented: ORS
				  292.495  & ORS
				  576.265
Oregon Administrative Rules › Chapter 604 - DEPARTMENT OF AGRICULTURE, OREGON FINE FESCUE COMMISSION › Division 20 - PER DIEM COMPENSATION › Section 604-020-0140 - Procedures for Expense Reimbursement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 member must submit a written, itemized claim for reimbursement of actual and
			 necessary travel or other expenses to the Oregon Fine Fescue Commission no
			 later than the last day of the fiscal year in which the member incurred the
			 expense. For example, a claim for compensation any time from July 1 through
			 June 30 must be submitted by June 30 of that fiscal year. The claim for
			 reimbursement must include the following information for each expense:
(a) Date on which the member incurred the
			 expense;
(b) Nature of the expense;
			 and
(c) Amount of the
			 expense.
Oregon Administrative Rules › Chapter 604 - DEPARTMENT OF AGRICULTURE, OREGON FINE FESCUE COMMISSION › Division 30 - COMMISSION MAKE UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 604-030-0010 - Number of Commissioners, Terms

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon Fine Fescue Commission will consist of nine (9)
				members appointed by the Director of the Oregon Department of Agriculture for a
				term of three (3) years or, if for a term following a prior term for that
				person, ending three (3) years from the date of expiration of any prior term.
				There shall be no limit on the number of terms a commissioner may
				serve.
Stat. Auth.: 2003 OL Ch. 604, ORS 576.
Stats. Implemented: 2003 OL Ch. 604, ORS
				  576
Oregon Administrative Rules › Chapter 604 - DEPARTMENT OF AGRICULTURE, OREGON FINE FESCUE COMMISSION › Division 30 - COMMISSION MAKE UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 604-030-0020 - Qualifications of Commissioners

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 For purposes of this rule:
(a) A "producer" is
			 a person growing or producing within this state or procuring within the state,
			 its rivers or the offshore waters, but not the Columbia River, for commercial
			 handling within the state, a commodity for market, or receiving a share thereof
			 as landowner, landlord, tenant, sharecropper, boat skipper or otherwise. A
			 producer must have paid the commission assessment on the commodity in each of
			 the preceding three calendar years.
(b) A "handler" is any producer, processor,
			 distributor or other person engaged in handling or marketing of or dealing in
			 the commodity, whether as owner, agent, employee, broker or otherwise. A
			 handler must have collected the commission assessment, if any, each of the
			 preceding three calendar years.
Oregon Administrative Rules › Chapter 604 - DEPARTMENT OF AGRICULTURE, OREGON FINE FESCUE COMMISSION › Division 30 - COMMISSION MAKE UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 604-030-0030 - Removal of Commissioners

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Director of the Department of Agriculture may remove a commissioner from
			 office, and declare the position vacant for cause, including the following
			 reasons:
(a) Two unexcused absences, or other
			 neglect of duty in office;
(b) Use
			 of the commission appointment for financial gain or to avoid financial
			 detriment;
(c) Unauthorized use or
			 disclosure of confidential information;
(d) Conduct in violation of Oregon government
			 standards and practices laws;
(e)
			 Misappropriation or misuse of commission funds;
(f) Failure to satisfy one or more
			 qualifications for appointment.;
(g) Not working for the positive economic
			 benefit of the commodity;
(h)
			 Inefficiency; or
(i)
			 Misconduct.
Oregon Administrative Rules › Chapter 604 - DEPARTMENT OF AGRICULTURE, OREGON FINE FESCUE COMMISSION › Division 30 - COMMISSION MAKE UP, TERMS, QUALIFICATIONS, TERM LIMITS, REMOVAL FROM OFFICE › Section 604-030-0040 - Chair and Other Officers

Current through Register Vol. 63, No. 7, July 1, 2024
Annually, at the first regular meeting of the Commission at the
				beginning of the new fiscal year the Commission will elect from its members a
				Chair, a Vice Chair and a Treasurer who will serve until their successors are
				elected and qualified. The Chair, Vice Chair, or Treasurer may resign as such
				or may be removed from that position by vote of a majority of Commissioners. If
				the Chair, Vice Chair, or Treasurer ceases to be a Commissioner, the office
				will be vacant and a successor will be selected at the next regular meeting of
				the Commission. The Chair will preside over all meetings of the Commission. The
				Vice Chair will act in lieu of the Chair when the Chair is unable to perform
				the duties of the office of Chair or while the office is vacant, and the
				Treasurer will oversee the financial records of the
				Commission.
Stat. Auth.: 2003 OL Ch. 604, ORS 576
Stats. Implemented: 2003 OL Ch. 604, ORS
				  576