Oregon Statutes - Chapter 561 - State Department of Agriculture

561.005 Definitions.
As used in this chapter, unless the context requires otherwise: (1) �Board� means the State Board of Agriculture. (2) �Department� means the State Department of...
561.010 Department created; director, appointment, confirmation and term.
There is created a department of the government of this state to be known as the State Department of Agriculture. The executive officer of the...
561.020 Responsibility of department as to inspectional, regulatory and development work.
(1) The State Department of Agriculture shall have full responsibility and authority for all the inspectional, regulatory and market development work provided for under the...
561.030 Seal; principal office; authority to acquire real property.
(1) The State Department of Agriculture shall adopt an official seal. It shall maintain its principal office in the state capital at Salem. (2) The...
561.040 Organization.
Subject to policy direction by the State Board of Agriculture, the Director of Agriculture shall organize and reorganize the work of the State Department of...
561.050 Division chiefs.
Subject to any applicable provisions of the State Personnel Relations Law, the chiefs of the divisions shall be appointed by the Director of Agriculture. [Amended...
561.060 Salaries and bonds of employees.
(1) The Director of Agriculture shall execute bonds to the State of Oregon in the penal sum of $20,000, conditioned upon the faithful performance of...
561.070 Assistants and employees; appointment, classification and duties.
(1) The Director of Agriculture may employ veterinarians, chemists, bacteriologists and other experts, inspectors, accountants, stenographers, clerks or other help necessary to carry out efficiently...
561.075 Reports to director; publications.
(1) The Director of Agriculture may call for such reports, statistics and information as the director may desire, from time to time, from any division...
561.080 [Amended by 1987 c.734 §16; renumbered 561.362 in 2005]
561.090 [Renumbered 561.364 in 2005]
561.100 [Renumbered 561.366 in 2005]
561.110 Conferences between director and division chiefs; action by director.
In conference with the chiefs of the divisions there shall be full and free discussion of the agricultural policies of the State Department of Agriculture,...
561.120 [Repealed by 1959 c.639 §14]
561.130 [Amended by 1957 c.479 §1; 1959 c.639 §9; 1971 c.281 §1; 1977 c.198 §3; 2005 c.24 §3; renumbered 561.372 in 2005]
561.140 [Amended by 1957 c.479 §2; 1959 c.639 §10; 1967 c.208 §1; 1969 c.314 §64; 1971 c.281 §2; 1977 c.198 §4; 1995 c.79 §308; 2005 c.24 §4; renumbered 561.374 in 2005]
561.144 Department of Agriculture Service Fund; sources.
(1) The State Treasurer shall establish a Department of Agriculture Service Fund, which shall be a trust fund separate and distinct from the General Fund....
561.145 [1965 c.276 §1; repealed by 1979 c.499 §1]
561.150 Department of Agriculture Account.
(1) All unexpended funds that are available to the State Department of Agriculture for its use in carrying out its duties as prescribed by law...
561.155 Cash and revolving fund.
The State Department of Agriculture shall establish a cash and revolving fund under ORS 293.180, for the purpose of making immediate cash payments of travel...
561.160 Approval of vouchers required before withdrawing money from State Treasury.
All moneys drawn from the State Treasury by the State Department of Agriculture shall be drawn only after the approval of vouchers by the Director...
561.161 [1953 c.96 §1; repealed by 1959 c.682 §4]
561.163 [1953 c.96 §4; repealed by 1959 c.682 §4]
561.165 [1953 c.96 §2; repealed by 1959 c.682 §4]
561.167 [1953 c.96 §3; repealed by 1959 c.682 §4]
561.169 [1953 c.96 §5; repealed by 1959 c.682 §4]
561.170 Prohibited financial interests of officers or employees.
It shall be unlawful for the Director of Agriculture or any deputy or other employee of the State Department of Agriculture to be interested directly...
561.175 [1989 c.847 §9; 2001 c.248 §13; renumbered 561.255 in 2005]
561.177 Furnishing lists of names and other information; fee.
The State Department of Agriculture may make a reasonable charge to cover the actual cost of accumulating and furnishing a list of names or other...
561.180 [Amended by 1969 c.131 §3; 1975 c.432 §2; 1975 c.605 §29; 2001 c.539 §14; renumbered 561.075 in 2005]
561.190 Rules and regulations; publication; effect of violation.
The State Department of Agriculture is authorized and directed to make any and all rules and regulations necessary for the administration or enforcement of any...
561.191 Program and rules relating to water quality.
(1) The State Department of Agriculture shall develop and implement any program or rules that directly regulate farming practices, as defined in ORS 30.930, that...
561.192 Code of regulations; compilation and publication.
(1) The State Department of Agriculture may from time to time revise and compile, in a code of regulations, all rules and regulations of a...
561.194 Distribution of code of regulations.
(1) The State Department of Agriculture may distribute the code of regulations published under ORS 561.192 free of charge to such state agencies as are...
561.200 Prohibitions against the obstruction of officers, agents or employees.
(1) No person, firm or corporation shall refuse to allow any authorized officer, agent or employee of the State Department of Agriculture to enter upon...
561.210 [Repealed by 1971 c.743 §432]
561.220 Prohibitions against altering or removing seal or similar marking used by department and against selling products from used containers bearing such markings.
(1) Except as hereafter provided in subsections (2) and (3) of this section, no person shall alter, deface or remove any seal, sign, tag, stamp,...
561.230 Prohibition against reusing, imitating or counterfeiting markings used by department.
No person shall reuse, imitate or counterfeit any seal, sign, tag, stamp, placard, mark, brand or similar object used by the State Department of Agriculture...
561.240 Contracts and agreements with other agencies, governmental units and other persons; payment and receipt of funds.
(1) The State Department of Agriculture may enter into contracts and agreements with, and receive funds from, any department or agency of the United States....
561.250 Services by department for commodity commissions, Oregon Beef Council and Oregon Wheat Commission.
(1) Notwithstanding the provisions of ORS chapters 577 and 578, upon request of a commodity commission established under ORS 576.051 to 576.455, the Oregon Beef...
561.255 Fees for confined animal feeding operations.
(1) The State Department of Agriculture by rule shall establish a schedule of annual fees, not to exceed $25, to be paid under ORS 468B.215...
561.258 Regulation of vermiculture.
(1) As used in this section, �vermiculture� means the commercial raising and breeding of worms for use as bait or as an animal food protein...
561.260 [1959 c.229 §8; renumbered 561.177 in 2005]
561.265 Inspecting records of persons required to pay fees to department.
(1) The State Department of Agriculture upon not less than three days� notice in writing is authorized to inspect and audit, during regular business hours,...
561.270 [1959 c.229 §7; repealed by 1965 c.448 §4]
561.275 Inspecting premises and facilities of department licensees.
Insofar as it is necessary for the State Department of Agriculture in the enforcement and carrying out of the laws under its supervision or jurisdiction,...
561.279 Issuance of subpoenas by department for investigations, audits and hearings.
The State Department of Agriculture is authorized to issue subpoenas to compel the attendance of witnesses and to require the production of pertinent books, records...
561.280 Enjoining violations of law.
In addition to the other remedies provided by law, the State Department of Agriculture may apply to the circuit court for, and such court shall...
561.290 Jurisdiction over prosecutions.
Justice courts have concurrent jurisdiction with circuit courts of all prosecutions arising under any law under the jurisdiction of the State Department of Agriculture. [1959...
561.300 Unpaid license fees; delinquent renewal penalty; notice required; collection procedure.
(1) The State Department of Agriculture may collect a delinquent renewal penalty for any license fee required by law under the jurisdiction of the department...
561.303 Refund of excess fees or penalties; conditions; refusal to refund.
(1) Notwithstanding the provisions of ORS 293.445 (2), the State Department of Agriculture may, upon application therefor, make refunds and determine that moneys received by...
561.305 Issuance of licenses; multiple activity license; refusal, revocation, suspension or nonrenewal of license.
(1) In order to simplify and expedite the issuance of licenses by the State Department of Agriculture, whenever practical and reasonable the department may accept...
561.310 [Repealed by 1961 c.425 §20]
561.315 Publication of product test reports.
(1) For the purpose of this section: (a) �Product� means any animal, agricultural product or commodity, or any article of human or animal food, chemical...
561.320 [Repealed by 1961 c.425 §20]
561.330 [Repealed by 1961 c.425 §20]
561.340 [Repealed by 1961 c.425 §20]
561.350 [Repealed by 1961 c.425 §20]
561.360 [Repealed by 1961 c.425 §20]
561.362 Activities of Oregon State University.
Oregon State University shall have full authority and responsibility: (1) For resident instruction in all branches of agriculture. (2) For research and experimentation in all...
561.364 Cooperation with Oregon State University.
(1) In order to eliminate unnecessary duplication of effort and expense, there shall be the fullest cooperation between Oregon State University and the State...
561.366 Conferences to coordinate work.
The Director of Agriculture, the director of the agricultural experiment station and the director of the agricultural extension service of Oregon State University shall meet...
561.370 [Repealed by 1961 c.425 §20]
561.372 State Board of Agriculture created; member qualifications; terms.
(1) In order that there may be the closest correspondence between State Department of Agriculture policies and programs, the public interests and the resolution of...
561.374 Compensation and expenses; organization; meetings; quorum.
(1) Each member of the State Board of Agriculture may receive compensation and expenses as provided in ORS 292.495, payable from moneys appropriated or otherwise...
561.376 Legislative findings; State Board of Agriculture duties.
(1) The Legislative Assembly finds and declares that: (a) Agriculture is an important component of the state economy; and (b) The sustainability of natural resources...
561.378 State Board of Agriculture report.
The State Board of Agriculture shall report as provided in ORS 192.230 to 192.250 on a biennial basis to the Governor and the Legislative Assembly...
561.380 [Repealed by 1961 c.425 §20]
561.390 [Repealed by 1961 c.425 §20]
561.395 Soil and Water Conservation Commission; membership; compensation and expenses; forfeiture of office; functions.
(1) In order that there may be the closest contact between the State Department of Agriculture and the various soil and water conservation districts in...
561.400 Natural Resources Division; duties; insurance for soil and water conservation districts.
(1) There is established within the State Department of Agriculture a Natural Resources Division which shall have the duties and powers conferred by subsection (2)...
561.401 Disposition of moneys collected by Natural Resources Division.
All moneys received by the Natural Resources Division under ORS 561.400 shall be paid to the State Treasurer and credited to the Department of Agriculture...
561.403 Extended stream bank erosion plans; division to assist in developing plans; requirements.
(1) Upon the request of any soil and water conservation district, flood control district or municipality, the Natural Resources Division of the State Department of...
561.407 Division responsible for obtaining available financing for plans.
After completing an extended stream bank erosion plan under ORS 561.403, the Natural Resources Division, on behalf of the parties that developed the plan, shall...
561.410 Department�s granting of credit; invoice; payment due date.
(1) The State Department of Agriculture may grant credit for services and materials furnished pursuant to the laws administered by the department. (2) The department...
561.420 [1959 c.229 §3; repealed by 1963 c.373 §2]
561.430 Deposit or bond to secure payment.
(1) The State Department of Agriculture may require any person to whom it has furnished or may furnish services or materials on credit to deposit...
561.440 [1959 c.229 §4; repealed by 1961 c.425 §20]
561.450 Lien.
(1) A lien hereby is created in favor of the State Department of Agriculture upon all real and personal property belonging to any person who...
561.510 Quarantines; establishment by Director of Agriculture.
Whenever, in the opinion of the Director of Agriculture any animals, fowls, bees, fruits, vegetables, plants, parts of plants or seeds within any area or...
561.520 Quarantine areas; notice, hearing and orders.
(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...
561.530 Quarantine order; filing, posting and publication.
(1) Whenever a quarantine of any kind or nature is declared pursuant to any law with the administration of which law the State Department of...
561.540 Rules and regulations governing quarantines.
(1) A quarantine authorized by ORS 561.510 shall be subject to such rules and regulations as the Director of Agriculture deems necessary for the protection...
561.550 Removal of quarantine.
(1) When in the opinion of the Director of Agriculture any quarantine authorized by ORS 561.510 is no longer necessary to protect the public welfare...
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...
561.570 [Renumbered 561.810]
561.580 Cooperation with United States and other states with respect to quarantines.
(1) In order to prevent unnecessary and conflicting regulations on commerce, the State Department of Agriculture shall cooperate with the United States and other states...
561.585 Publication of summary of quarantine order or regulations.
When the State Department of Agriculture is required to publish an order of quarantine or rules or regulations promulgated thereunder in a newspaper, it may...
561.590 Violation of quarantine prohibited.
From and after the time that any quarantine order of the Director of Agriculture becomes effective it shall be unlawful for any person, firm or...
561.600 Procedure for review of orders and regulations.
Judicial review of orders including emergency orders and regulations issued in accordance with ORS 561.510 to 561.590 shall be as provided in ORS chapter 183....
561.605 Detention, seizure or embargo of agricultural products; labeling; notification.
(1) In order that the rights of consumers, property owners or other affected persons may be protected and procedures made uniform the State Department of...
561.610 Request for hearing; when held.
(1) A request of the State Department of Agriculture for a hearing on the propriety of the detention, seizure or embargo and related matters must...
561.615 Conduct of hearing; action by department.
(1) The hearing shall be conducted by an administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605. The hearing shall...
561.620 Procedure when products disposed of; salvage.
(1) In the event that the owner or person in possession does not request a hearing on the propriety of the seizure, detention or embargo...
561.625 When hearing not required.
Nothing in ORS 561.605 to 561.630, 616.225, 632.485 and 633.670 shall be construed as requiring that a hearing be held in connection with the seizure...
561.630 Removing or defacing seizure or embargo notice unlawful.
No person shall remove or deface any notice placed upon products seized or embargoed by the State Department of Agriculture, or move any such products...
561.650 State Weed Board; membership; terms.
(1) The State Weed Board is created in the State Department of Agriculture. The board shall consist of seven members appointed by the Director of...
561.660 Compensation of members.
A member of the State Weed Board is entitled to compensation and expenses as provided in ORS 292.495. [1985 c.620 §4]
561.670 Officers; quorum; meetings.
(1) The State Weed Board shall select one of its members as chairperson and another as vice chairperson, for such terms and with duties and...
561.680 Duties of board.
The State Weed Board shall: (1) Act in conjunction with the State Department of Agriculture to identify those weeds growing in this state that represent...
561.683 Implementation of weed control effort improvement plan.
(1) The State Department of Agriculture, in conjunction with the State Weed Board, shall implement a board plan to improve the effectiveness of noxious weed...
561.685 Definition of invasive species; Invasive Species Council duties.
(1) As used in this section, �invasive species� means nonnative organisms that cause economic or environmental harm and are capable of spreading to new areas...
561.687 Invasive Species Council; membership; terms.
(1) There is established the Invasive Species Council. Except as provided in ORS 561.691 (1), the council shall consist of 13 members. The following persons...
561.689 Officers; quorum; schedule.
(1) The Invasive Species Council shall select a voting ex officio member of the council as chairperson and another voting ex officio member as vice...
561.691 Invasive Species Coordinator; administrative expenses of Invasive Species Council.
(1) Subject to available funding, the Invasive Species Council may appoint a State Invasive Species Coordinator to serve at the pleasure of the voting members...
561.693 Advisory and technical committees.
(1) The Invasive Species Council may establish advisory and technical committees that it considers necessary to aid and advise the council in the performance of...
561.695 Invasive Species Council Account; trust account.
(1) The Invasive Species Council Account is established in the General Fund of the State Treasury. Except as provided under subsection (2) of this section,...
561.700 New Crops Development Board; membership; terms; compensation and expenses.
(1) The New Crops Development Board is created within the State Department of Agriculture. The board shall consist of nine voting members appointed by the...
561.710 Officers; quorum; meetings.
(1) The New Crops Development Board shall select one of its members as chairperson and another as vice chairperson, for such terms and with such...
561.720 Duties; authority.
In order to facilitate research and development of new or alternative crops in this state and to implement the responsibilities of the State Department of...
561.730 Disposition of moneys received.
All moneys received by the New Crops Development Board shall be deposited in the Department of Agriculture Service Fund created by ORS 561.144 (1). All...
561.738 Definitions for ORS 561.738 and 561.740.
As used in this section and ORS 561.740: (1) �Biopharm permit� means a permit issued by the United States Department of Agriculture for the production...
561.740 Regulation of biopharmaceutical crops; fees.
(1) The Director of Agriculture and an appointee of the Director of Human Services who has experience in health program administration may enter into memoranda...
561.750 Definitions for ORS 561.750 to 561.760.
As used in ORS 561.750 to 561.760: (1) �Anhydrous ammonia�: (a) Means a liquid or gaseous inorganic compound that is formed by the chemical combination...
561.755 Certification of dyes or other additives; rules.
(1) The State Department of Agriculture, by rule and in consultation with the Department of State Police, shall certify each brand of nontoxic dye or...
561.760 Anhydrous Ammonia Additive Review Committee.
(1) The Director of Agriculture, in consultation with the Superintendent of State Police, shall appoint an Anhydrous Ammonia Additive Review Committee consisting of not fewer...
561.810 [Formerly 561.570; repealed by 1961 c.425 §20]
561.990 Penalties.
(1) Violation of ORS 561.170 is a Class C violation. (2) Violation of ORS 561.200 is punishable, upon conviction, by a fine of not to...
561.995 Civil penalties.
(1) In addition to any fine under ORS 561.990 or other penalty, a person who violates an order, rule or regulation described under ORS 561.590...

Last modified: August 7, 2008