Oregon Statutes - Chapter 570 - Plants; Inspection, Quarantine, Pest and Weed Control

• 570.005   Definitions for ORS 570.005 to 570.600.
  As used in ORS 570.005 to 570.600 and 570.990, unless the context requires otherwise: (1) “Department” means the State Department of Agriculture. (2) “Director” means...
• 570.010   County horticultural inspectors; appointment; term; powers and duties.
  (1) Upon petition of not less than 25 resident fruit growers of any county of this state, the county court of such county may, subject...
• 570.015   Deputy inspectors.
  Upon a petition of not less than 25 resident fruit growers of any county of this state, the county court of such county may, subject...
• 570.020   Inspectors may enter premises.
  The county horticultural inspectors, deputy county horticultural inspectors and all other persons authorized to enforce the horticultural and inspection laws of Oregon are authorized and...
• 570.025   Instruction, education and supervision of inspectors; reports.
  The State Department of Agriculture shall instruct and educate the county and deputy county horticultural inspectors as to the laws and quarantine regulations of the...
• 570.030   Compensation of inspectors; office supplies; clerical help.
  (1) Each county horticultural inspector and deputy inspector shall be paid for services by the county and actual necessary expenses incurred in the performance of...
• 570.035   Appeals from inspectors’ decisions.
  The State Department of Agriculture shall hear and promptly decide all appeals from the county or deputy county horticultural inspectors. Its decisions shall have full...
• 570.040   Inspection where inspector unavailable.
  If any county for any reason fails to appoint a county horticultural inspector or if for any reason the inspector is not available, the nearest...
• 570.045   Assistance of employees of common carriers in locating horticultural articles; refusal or neglect is misdemeanor.
  All clerks, bookkeepers, express agents, railroad officials, employees, or employees of common carriers shall render to the State Department of Agriculture and its inspectors all...
• 570.050   Cooperation of peace officers in enforcing quarantines.
  All peace officers in this state shall enforce all quarantine measures promulgated by the United States Department of Agriculture and the State Department of Agriculture.
• 570.055   Disposition of fines.
  All fines imposed under ORS 570.990 for violation of any of the provisions of ORS 570.010 to 570.050 shall, when collected, be paid to the...
• 570.105   Definitions for ORS 570.110 to 570.190.
  As used in ORS 570.110 to 570.190, unless the context requires otherwise, “nursery stock” includes all trees, shrubs, vines, plants, cuttings, grafts, scions, buds, fruit...
• 570.110   Inspections and visitations by director and deputies.
  The Director of Agriculture, and such officers, employees and deputies as the director assigns to such duty, shall visit the different parts of the state...
• 570.115   Quarantine establishment; revocation.
  (1) If upon report of any officer, employee or deputy of the State Department of Agriculture, the Director of Agriculture is of the opinion that...
• 570.120   Quarantine powers exercised only in emergencies.
  The powers conferred in ORS 570.110 and 570.115 shall be exercised only in great and imminent danger to the fruit interests of the state and...
• 570.125   Inspector of outgoing shipments.
  (1) Upon request of any nurseryman or tree dealer doing business within this state, the Director of Agriculture may deputize a suitable person to inspect...
• 570.130   Shipments marked to indicate place of origin; must be free from pests and disease.
  When any shipment of nursery stock, fruits, vegetables, seed, nuts or field crops are brought into this state or shipped within the state they must...
• 570.135   Premises may be entered for inspection.
  The officers, employees, deputies and inspectors of the State Department of Agriculture and the county horticultural inspectors and their deputies may enter at any time...
• 570.140   Infested or infected shipment; notice to shipper.
  When any shipment of nursery stock, fruits, vegetables, seed, nuts or field crops are found upon inspection to be infested with injurious insect pests or...
• 570.145   Procedure when infested or infected shipment can be separated.
  When, in the judgment of the inspector, materials not infested or infected can be separated from the infested or infected article without danger of escape...
• 570.150   Procedure when infested or infected shipment can be treated.
  When, in the judgment of the inspector, all or part of a shipment can be treated to exterminate the plant pests or diseases, the owner...
• 570.155   Disposition of shipment when neither separated nor treated.
  (1) When no provision is made by the inspecting official for disposition by separation or treatment, the notice provided for in ORS 570.140 will require...
• 570.160   Procedure when shipment is sound, but from infected or infested area.
  In case the shipment, although apparently sound and not infested or infected by any pests, is from an infested or infected district beyond the limits...
• 570.165   Service and sufficiency of notices provided for in ORS 570.140 to 570.165.
  Any notice required by ORS 570.140 to 570.165 must be delivered in person or sent by mail to the owner or person in charge of...
• 570.170   Department to make inspections; infected or infested matter declared public nuisance.
  The State Department of Agriculture, whenever it deems it necessary, shall cause an inspection to be made of any orchards, nurseries, trees, plants, vegetables, vines...
• 570.175   Procedure for abatement of public nuisance.
  (1) Whenever any public nuisance as described in ORS 570.170 exists at any place in the state on property of any owner upon whom notice...
• 570.180   Summary abatement of nuisance.
  Any authorized officer, employee or inspector of the State Department of Agriculture may, in any case where an urgent emergency exists, abate any public nuisance,...
• 570.185   Application of ORS 570.170 to 570.180 limited.
  The provisions of ORS 570.170 to 570.180 shall not be construed to apply to shipments of infested or infected articles mentioned in ORS 570.135.
• 570.190   Notices; manner of service; persons authorized to make service; reputed owner considered owner.
  (1) All notices provided for in ORS 570.140 to 570.190 shall be served upon each owner of such infected or infested premises or chattel, or...
• 570.195   [Repealed by 1961 c.394 §1 (570.196 enacted in lieu of 570.195)]
• 570.196   Certain barberry varieties declared nuisances; cultivation prohibited; permitted varieties.
  (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...
• 570.200   Procedure for abatement of nuisance caused by certain barberry varieties.
  (1) Authorized representatives of the State Department of Agriculture, county agents and weed control districts supervisors of each county shall detect, control and destroy or...
• 570.305   Department officials to prevent introduction of pests and diseases.
  The Director of Agriculture, and the chief of the division of plant industry, are authorized and directed to use such methods as may be necessary...
• 570.310   Cooperation with interested groups and agencies.
  (1) The Director of Agriculture, and the chief of the division of plant industry, may cooperate with any group of citizens, municipalities and counties in...
• 570.320   Horticultural inspectors to prevent introduction of diseased matter into state.
  It is the special duty of all officers, employees and deputies to whom the duty to act as horticultural inspectors is assigned, to inspect nursery...
• 570.325   Collaboration with federal department.
  The officers, employees and inspectors of the State Department of Agriculture and county inspectors are authorized to collaborate with the United States Department of Agriculture...
• 570.330   Containers and wrappers to be labeled.
  Each carload, case, box, package, crate, bundle, or bale of trees, shrubs, plants, vines, cuttings, grafts, scions, buds, fruit pits, fruit or vegetables imported or...
• 570.335   Prunings and cuttings to be burned.
  No person, firm or corporation owning or operating any nursery, fruit orchard of any kind, hopyards, flower gardens or ornamental trees shall throw any cuttings...
• 570.345   Spraying or destroying infested or infected matter; notice; “infested” and “infected” defined.
  (1) Any person, firm or corporation owning or operating a nursery, a fruit orchard, a hopyard, a flower garden or ornamental trees, and knowing the...
• 570.350   Traffic in infested fruit prohibited; seizure; failure of owner to show fruit; sale to canneries and factories permitted.
  (1) No person, firm or corporation shall import into this state or transport within this state or sell or offer for sale by displaying in...
• 570.355   Packing or delivery for shipment of infected fruit is misdemeanor; manufacture into by-product permitted.
  Each person who packs or prepares for shipment to any point within the state, or who delivers or causes to be delivered to any express...
• 570.360   Department to present evidence of violations; prosecution in justice court.
  The State Department of Agriculture shall present evidence of violation of any provision of ORS 564.020, 570.005 to 570.055, 570.125, 570.320, 570.335 to 570.355, and...
• 570.365   Proceeds from fines; use.
  All fines imposed under ORS 570.990 for violation of any of the provisions of ORS 570.335 to 570.360, when collected, shall be paid to the...
• 570.370   Fumigatorium established; purpose.
  In order to carry on investigations of insect pests of nursery, greenhouse, bulb, fruit, vegetable, cereal, seed and other agricultural industries and to experiment with...
• 570.375   Management and control of fumigatorium.
  The fumigatorium shall be under the management and control of the State Board of Higher Education through its director of the agricultural experiment station. CONTROL
• 570.405   Department may establish control areas; limitations.
  (1) The State Department of Agriculture may establish, in accordance with the provisions governing the procedure for the declaring of quarantines contained in ORS 561.510...
• 570.407   Eastern filbert blight control; removal of trees; attorney fees in enforcement action.
  (1) In a control area that has been established for eastern filbert blight control as provided in ORS 570.405, the State Department of Agriculture may...
• 570.410   Violation of order prohibited.
  From and after the date an order creating a control area becomes finally effective, no person shall violate, in whole or in part, any provision...
• 570.412   Making contracts and receiving funds to carry out control order.
  The State Department of Agriculture is authorized to contract with and to receive funds from any person, including but not limited to, any governmental agency,...
• 570.415   Revocation of control area order.
  The Director of Agriculture may, at any time the director believes such action necessary, revoke any order concerning control areas made by the director by...
• 570.420   Cherry fruit fly control area inspector; appointment; duty; pay.
  The county court or board of county commissioners of each county in which a control area, or any part thereof, has been established for cherry...
• 570.425   Inspector has access to land in area; refusal to comply with control area order.
  (1) The control area inspector has access to the land within the control area that is within the county for which the inspector was appointed....
• 570.430   Procedure for collection of expenses incurred by inspector.
  (1) On the completion of the work, the inspector shall file with the county clerk an itemized statement of expenses necessarily incurred in the operation,...
• 570.435   Expenses to be paid by county.
  If no objection has been filed, as authorized in ORS 570.430, within 10 days from the date of filing and docketing the lien, the county...
• 570.450   Rapeseed control areas.
  The State Department of Agriculture may establish control areas for the production of rapeseed as provided in ORS 570.405. The department may appoint advisory boards...
• 570.500   Legislative findings; need for evaluation.
  The Legislative Assembly finds and declares that: (1) Noxious weeds are currently invading agricultural land and natural environments and causing severe production losses, increased control...
• 570.505   Necessity of eradication of weeds; cooperation in control and eradication.
  Noxious weeds have become so thoroughly established and are spreading so rapidly on state, county and federally owned lands, as well as on property in...
• 570.510   State and counties to control noxious weeds.
  The state and the respective counties shall control any weeds designated as noxious by the state or the respective counties in any such county on...
• 570.515   County governing body may create weed control district; petition for special weed control district.
  (1) The county governing body of each county may declare the county, or any portion of the lands in a county, a weed control district...
• 570.520   Weed inspectors; appointment; duties; compensation.
  (1) The court shall, upon declaring a weed control district, appoint a weed inspector or inspectors, whose duties it shall be: (a) To find out...
• 570.525   Notice of district creation and weeds to be controlled.
  The county court shall, upon declaring a weed control district or districts, cause to be published an official notice describing each district and naming weeds...
• 570.530   Weed inspector right of entry; service of notice to eradicate weeds; department or district control measures.
  (1) The weed inspector shall have access to the land within the district. (2) When the provisions of ORS 570.515 to 570.600 are not being...
• 570.535   Owner or occupant to eradicate weeds; disposition of fines.
  (1) Each person, firm or corporation owning or occupying land within the district shall destroy or prevent the seeding on such land of any noxious...
• 570.540   Eradication of weeds on public lands and rights of way.
  The State Highway Commission, the respective county courts, reclamation districts and municipalities shall destroy or prevent the spread or seeding of any noxious weed within...
• 570.545   Eradication of weeds when owner or occupant refuses to do so; request for quarantine; statement of expenses to be filed.
  (1) If the owner or occupant of the land fails or refuses to immediately destroy or cut the noxious weeds in accordance with ORS 570.515...
• 570.550   Statement to be entered on lien docket; recovery of unpaid amount.
  When the statement of expenses is filed, the county clerk shall cause it to be entered upon a lien docket prepared for that purpose. The...
• 570.555   Payment for work.
  If within 10 days from the date of filing and docketing the lien as provided in ORS 570.545 and 570.550, no objections have been filed...
• 570.560   County tax for weed control fund; expenditure.
  (1) The county courts of the several counties of this state hereby are required to levy a tax and create a fund to be known...
• 570.562   Special assessment.
  Notwithstanding ORS 570.560, in addition to or in lieu of the tax authorized by ORS 570.560, a county governing body may levy a special assessment...
• 570.565   Dissolution of weed control district; disposition of funds.
  If in the judgment of the court the enforcement of ORS 570.515 to 570.600 in any county which has been declared a weed control district...
• 570.570   Duty to clean machinery before moving; weed infested residue not to be moved.
  No person operating or having control of any threshing machinery, clover huller, hay baler, seed cleaning or treating machinery or other machinery shall move said...
• 570.575   Copy of statute to be posted on machinery; copies furnished by county clerk.
  (1) No person shall operate any threshing machine, clover huller or hay baler, seed cleaning or treating machinery or any other similar machinery within any...
• 570.580   Cost-share assistance grants for weed control; application.
  Any person owning or occupying land within a weed control district or special weed control district who conducts a weed control project in accordance with...
• 570.585   Cost-share assistance grants for weed control; source of expenditures; limit on grants.
  (1) The county courts of the several counties of this state hereby are required to provide cost-share assistance grants to persons owning or occupying land...
• 570.590   Eligibility for grants.
  No person shall be eligible for a cost-share assistance grant under ORS 570.520 and 570.580 to 570.600 unless: (1) A weed control inspector has: (a)...
• 570.595   Department funds for grants; reports by county.
  (1) Subject to ORS 291.232 to 291.260, the State Department of Agriculture may distribute in the manner prescribed in subsection (3) of this section to...
• 570.600   Financial assistance by department for weed control; limit on county responsibility.
  (1) The State Department of Agriculture may provide financial assistance to counties to promote the implementation of noxious weed control projects. (2) Notwithstanding any other...
• 570.650   Interstate Compact on Pest Control.
  The Pest Control Compact is hereby enacted into law in Oregon and entered into with all other jurisdictions legally joining therein in the form substantially...
• 570.655   Meaning of “executive head.”
  As used in the compact (ORS 570.650), with reference to this state, the term “executive head” shall mean the Director of Agriculture or a designated...
• 570.660   Cooperation of state agencies with Insurance Fund.
  Consistent with law and within available appropriations, the State Department of Agriculture and other departments, agencies and officers of Oregon may cooperate with the Insurance...
• 570.665   Insurance Fund bylaws to be filed with State Department of Agriculture.
  Pursuant to Article IV (h) of the compact (ORS 570.650), copies of bylaws and amendments thereto shall be filed with the State Department of Agriculture....
• 570.670   Compact administrator.
  The compact administrator for Oregon shall be the Director of Agriculture, or a designated and appointed representative. The duties of the compact administrator shall be...
• 570.675   Application for assistance.
  Within the meaning of Article VI (b) or Article VIII (a) (ORS 570.650), a request or application for assistance from the Insurance Fund may be...
• 570.680   Credit of expenditure to department account.
  The department, agency or officer expending or becoming liable for an expenditure on account of a control or eradication program undertaken or intensified pursuant to...
• 570.700   Definitions for ORS 570.700 to 570.710.
  As used in ORS 570.700 to 570.710: (1) “Bone dry ton” means 2,000 pounds of wood chips dried to zero percent moisture. (2) “Imported” means...
• 570.705   Legislative findings; timber product inspection; assessment of costs.
  (1) The Legislative Assembly finds that imported, untreated timber products increase the hazards of introducing and spreading injurious plant pests and diseases in this state...
• 570.710   Fee for timber products health program.
  (1) Each person who takes first delivery in this state of imported, untreated timber products on or after July 1, 1995, within one month after...
• 570.990   Penalties.
  Violation of ORS 570.010 to 570.050, 570.105 to 570.200, 570.320 to 570.360, 570.410 and 570.515 to 570.600 is a Class A violation. [Amended by 1955...
• 570.995   Civil penalties.
  (1) In addition to any applicable fine under ORS 570.990 or other penalty, a person who violates a quarantine order issued under ORS 570.115, violates...

Last modified: August 7, 2008