Oregon Statutes - Chapter 561 - State Department of Agriculture - Section 561.560 - Emergency quarantine; publication of notice; powers of Governor; duration.

(1) Notwithstanding ORS chapter 183, whenever the Director of Agriculture determines the fact that a dangerous plant, animal, fowl or bee disease or insect infestation new to, or not theretofore widely prevalent or distributed within and throughout the state, exists in any state, territory, country or locality outside of this state, or in any locality within this state, which disease or infestation is of such nature that it will be impossible to follow the procedure provided for in ORS 561.510 to 561.530 without serious danger of the wide spread within the state of such disease or infestation during the time required by such procedure, the director is authorized and directed to declare, by written order, a quarantine against the movement into or within the state from such state, territory, country or locality, of any plants, animals, fowls, bees or articles which are liable to spread such disease or infestation. A written order may be amended as the director determines is necessary. A written order and any subsequent amendments thereto shall be signed by the director.

(2) The director shall file all quarantine orders and any amendments thereto with the Secretary of State and shall publish a notice of such quarantine and of any amendments to a quarantine order in a newspaper of general circulation throughout the state. The director shall take such other action as the director considers reasonable to insure that persons affected by a quarantine have knowledge thereof. From and after the filing of a quarantine order, or amendment thereto, with the Secretary of State it shall be unlawful for any person, firm or corporation to carry, move or transport any plants, animals, fowls, bees or articles specified in a quarantine order, or amendment thereto, from the quarantined area into or through any part of the state, except as provided in the order, or amendment thereto. Proofs of the publication of the notices provided for in this section shall be filed in the office of the State Department of Agriculture.

(3) No such emergency quarantine, as provided for in this section, shall be effective for more than 90 days after the date of the first publication of notice thereof. However, a quarantine for a longer period may be declared under the provisions of ORS 561.510 to 561.550, to take effect at or before the expiration of such 90-day period.

(4) The Governor by filing an order with the Secretary of State may terminate such department order. Thereafter and relating only to that particular subject matter and emergency, the department shall be required to obtain the approval of the Governor before any additional quarantine or amendments thereto are issued under this statute. [Amended by 1969 c.150 §1; 1971 c.734 §85]

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Last modified: August 7, 2008