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.