(1) Barberry (berberis spp.), and plants of the genera mahonia, except mahonia aquifolium (Oregon grape), and mahoberberis including all species and varieties, except immune or resistant varieties thereof as provided by subsection (3) of this section, are hosts of puccinia graminis, the black stem rust fungus of wheat and other small grains and grasses, and hereby are declared to be public nuisances. Authorized representatives of the State Department of Agriculture or of the county in which such plants are located, shall abate these nuisances without indemnity to the owner as provided by ORS 570.200.
(2) No person shall grow, propagate, maintain, sell or transport within the State of Oregon, or bring into this state, any barberry (berberis spp.), and plants of the genera mahonia and mahoberberis including all species and varieties thereof, that have not been determined by the department to be immune to or resistant to the black stem rust fungus, puccinia graminis.
(3) The department shall establish and maintain a list by regulation of the varieties of barberry (berberis spp.), and plants of the genera mahonia and mahoberberis including all species and varieties, that have been determined to be immune to, or resistant to the black stem rust fungus, puccinia graminis. In promulgating regulations as authorized by this subsection, the department may take into consideration but is not to be limited to:
(a) The laws and regulations of the United States and other states.
(b) The opinions and advice of persons, agencies, or organizations recognized as experienced in the identification or control of barberry, mahonia and mahoberberis.
(c) Procedures necessary to control or eradicate such plants which are hosts of puccinia graminis, the black stem rust fungus, in order to prevent or eliminate substantial economic losses to the Oregon farmers and producers of small grains and grasses. [1961 c.394 §2 (enacted in lieu of 570.195)]
Section: Previous 570.165 570.170 570.175 570.180 570.185 570.190 570.195 570.196 570.200 570.305 570.310 570.320 570.325 570.330 570.335 NextLast modified: August 7, 2008