ORS Chapter 570

Chapter 570 — PlantPest and Disease Control; Invasive Species

2009 EDITION

PLANTPESTS AND DISEASES; INVASIVE SPECIES

AGRICULTURE

COUNTYHORTICULTURAL INSPECTORS

570.010 Countyhorticultural inspectors; appointment; term; powers and duties

570.015 Deputyinspectors

570.020 Inspectorsmay enter premises

570.025 Instruction,education and supervision of inspectors; reports

570.030 Compensationof inspectors; office supplies; clerical help

570.035 Appealsfrom inspectors’ decisions

570.040 Inspectionwhere inspector unavailable

570.045 Assistanceof employees of common carriers in locating horticultural articles; refusal orneglect is misdemeanor

570.050 Cooperationof peace officers in enforcing quarantines

570.055 Dispositionof fines

INSPECTIONAND QUARANTINE GENERALLY; ABATEMENT OF NUISANCES

570.105 Definitionsfor ORS 570.110 to 570.190

570.110 Inspectionsand visitations by director and deputies

570.115 Quarantineestablishment; revocation

570.120 Quarantinepowers exercised only in emergencies

570.125 Inspectorof outgoing shipments

570.130 Shipmentsmarked to indicate place of origin; must be free from pests and disease

570.135 Premisesmay be entered for inspection

570.140 Infestedor infected shipment; notice to shipper

570.145 Procedurewhen infested or infected shipment can be separated

570.150 Procedurewhen infested or infected shipment can be treated

570.155 Dispositionof shipment when neither separated nor treated

570.160 Procedurewhen shipment is sound, but from infected or infested area

570.165 Serviceand sufficiency of notices provided for in ORS 570.140 to 570.165

570.170 Departmentto make inspections; infected or infested matter declared public nuisance

570.175 Procedurefor abatement of public nuisance

570.180 Summaryabatement of nuisance

570.185 Applicationof ORS 570.170 to 570.180 limited

570.190 Notices;manner of service; persons authorized to make service; reputed owner consideredowner

PLANTPESTS

570.205 Definitionsfor ORS 570.210 to 570.225

570.210 Controlof plant pests not subject to quarantine; rules

570.215 Prohibitionagainst movement of plant pests; permits; rules

570.220 Researchregarding plant pests

570.225 Publicnuisances; abatement; compensation

PROTECTIVEMEASURES AGAINST SPREAD OF DISEASE AND PESTS

570.305 Departmentofficials to prevent introduction of pests and diseases

570.310 Cooperationwith interested groups and agencies

570.320 Horticulturalinspectors to prevent introduction of diseased matter into state

570.325 Collaborationwith federal department

570.330 Containersand wrappers to be labeled

570.335 Pruningsand cuttings to be burned

570.345 Sprayingor destroying infested or infected matter; notice; “infested” and “infected”defined

570.350 Trafficin infested fruit prohibited; seizure; failure of owner to show fruit; sale tocanneries and factories permitted

570.355 Packingor delivery for shipment of infected fruit is misdemeanor; manufacture intoby-product permitted

570.360 Departmentto present evidence of violations; prosecution in justice court

570.365 Proceedsfrom fines; use

CONTROLAREAS

570.405 Departmentmay establish control areas; limitations

570.410 Violationof order prohibited

570.412 Makingcontracts and receiving funds to carry out control order

570.415 Revocationof control area order

570.420 Cherryfruit fly control area inspector; appointment; duty; pay

570.425 Inspectorhas access to land in area; refusal to comply with control area order

570.430 Procedurefor collection of expenses incurred by inspector

570.435 Expensesto be paid by county

570.450 Rapeseedcontrol areas

INTERSTATECOMPACT ON PEST CONTROL

570.650 InterstateCompact on Pest Control

570.655 Meaningof “executive head”

570.660 Cooperationof state agencies with Insurance Fund

570.665 InsuranceFund bylaws to be filed with State Department of Agriculture

570.670 Compactadministrator

570.675 Applicationfor assistance

570.680 Creditof expenditure to department account

IMPORTEDTIMBER PRODUCTS INSPECTION PROGRAM

570.700 Definitionsfor ORS 570.700 to 570.710

570.705 Legislativefindings; timber product inspection; assessment of costs

570.710 Feefor timber products health program

INVASIVESPECIES COUNCIL

570.750 Legislativefindings

570.755 Definitionof invasive species; Invasive Species Council duties

570.770 InvasiveSpecies Council; membership; terms

570.775 Officers;quorum; schedule

570.780 InvasiveSpecies Coordinator; administrative expenses of Invasive Species Council

570.790 Advisoryand technical committees

570.800 InvasiveSpecies Council Account; trust account

570.810 InvasiveSpecies Control Account; control effort funding; reimbursement ofadministrative expenses

AQUATICINVASIVE SPECIES

570.850 Definitionsfor ORS 570.855 to 570.865

570.855 Watercraftcheck stations

570.860 Reportof prevention efforts

570.865 Penaltyfor transporting aquatic invasive species; exceptions; use of penalty moneys;rules

PENALTIES

570.990 Penalties

570.995 Civilpenalties

570.997 Othercivil penalties; use of penalty moneys

570.005 [Repealed by2009 c.98 §31]

COUNTYHORTICULTURAL INSPECTORS

570.010County horticultural inspectors; appointment; term; powers and duties. (1) Uponpetition of not less than 25 resident fruit growers of any county of thisstate, the county court of such county may, subject to the approval of theDirector of Agriculture, appoint a county horticultural inspector, whose dutiesare:

(a)To inspect orchards, nurseries, trees, shrubs, vines, fruits, vegetables,plants, packing houses, warehouses, storerooms, farms and other places withinthe county.

(b)To visit and inspect the fruit drying and packing plants while such plants arein operation.

(c)To enforce the regulations required by the State Department of Agriculturegoverning the handling, drying and packing of prunes, apples, loganberries orother fruits evaporated and packed for human consumption.

(d)To enforce all laws of the state relating to such insect pests and suchdiseases as affect trees, vines, plants of any kind, or fruit or vegetables ofany kind and all other horticultural laws, rules and regulations of the state.

(2)The county horticultural inspector shall hold office during the pleasure of thecounty court. [Amended by 1971 c.397 §1]

570.015Deputy inspectors.Upon a petition of not less than 25 resident fruit growers of any county ofthis state, the county court of such county may, subject to the approval of theDirector of Agriculture, appoint one or more deputy county horticulturalinspectors. Each deputy inspector shall hold office during the pleasure of thecounty court and shall have and perform all the powers and duties of a countyhorticultural inspector.

570.020Inspectors may enter premises. The county horticultural inspectors,deputy county horticultural inspectors and all other persons authorized toenforce the horticultural and inspection laws of Oregon are authorized andempowered to enter upon or into any premises, land, buildings, enclosures orother places for the purpose of inspecting any article which is subject to ormay be subject to infestation with any insect injurious to any article whichgrows upon or in or from the soil by processes of plant growth, or the eggs,larvae or pupae of such insects or with any disease injurious to any sucharticle or articles and for the further purpose of enforcing any of the laws ofthis state relating to horticultural quarantine or horticultural inspection orthe abatement of horticultural nuisances or any other duties imposed by law uponsuch inspectors and other persons authorized to enforce the inspection andhorticultural laws of Oregon.