(1) Before the Director of Agriculture declares a quarantine relating to any area or section within the state, the director shall, if the quarantine involves the control, eradication or destruction of any disease, infestation or weeds within the area, file a copy of the proposed order of quarantine and a copy of any rules and regulations in connection with the quarantine in the office of the county clerk of the county in which the area is situated, or a copy thereof in the office of the county clerk of each of the several counties included in the area or within which a part of the area is located, and shall publish the order as provided by ORS 561.585 in a newspaper of general circulation in the area sought to be quarantined. The director, in the publication, shall give notice that a hearing will be held by the State Department of Agriculture for the consideration of remonstrances against the proposed quarantine:
(a) At the courthouse in the county seat in the county in which the area is proposed to be created; or
(b) At a courthouse in one of the counties in each congressional district in which the area is proposed to be created, if the area includes more than one county in the congressional district.
(2) A hearing under subsection (1) of this section may not be held less than 15 days or more than 30 days from the date of publication of the notice.
(3) If no remonstrances are presented at the hearing or hearings, or if the remonstrances presented are deemed by the director to be without merit or insufficient, the director shall make the order of quarantine as proposed. However, if the director is of the opinion that any change or changes in the proposed quarantine order, or in the rules and regulations in connection therewith, should be made, the director may, in the discretion of the director, alter, amend or revoke the proposed order of quarantine or the rule or regulation.
(4) An order of quarantine shall be filed and published as authorized by ORS 561.585. Proof of publication of the notice of hearing or hearings shall be filed with the county clerk of each county within which the quarantine area or a part thereof is situated.
(5) Orders relating to the quarantine of areas located outside of Oregon or of the movement of animals, fowls, bees, fruits, vegetables, plants, parts of plants or seeds, or of the movement of any article that may contain weeds or seeds or other materials that may be liable to spread disease or infestation into Oregon, as provided by ORS 561.510 or 561.560, may not be promulgated until at least one public hearing has been held within the state. If an emergency exists and postponement of the effective date would result in serious prejudice to the public interest, or the interest, health or economy of the parties directly or indirectly affected thereby, the quarantine may be made effective immediately as authorized by ORS 183.355 (2)(b). [Amended by 1961 c.118 §1; 1971 c.734 §27; 2005 c.22 §383]
Section: Previous 561.407 561.410 561.420 561.430 561.440 561.450 561.510 561.520 561.530 561.540 561.550 561.560 561.570 561.580 561.585 NextLast modified: August 7, 2008