Bill Text: OR HB2715 | 2013 | Regular Session | Introduced

Oregon House Bill 2715 (Prior Session Legislation)

Bill Title: Relating to control areas for genetically engineered material.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2715 Detail]

Download: Oregon-2013-HB2715-Introduced.html



     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2740

                         House Bill 2715

Sponsored by Representative BUCKLEY

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Authorizes counties to establish control areas for commodities
containing genetically engineered material.

                        A BILL FOR AN ACT
Relating to control areas for genetically engineered material.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) As used in this section:
  (a)(A) 'Commodity' means:
  (i) Any distinctive type of agricultural, horticultural,
viticultural, vegetable, animal or seafood product in a natural
or unprocessed state; and
  (ii) Bees and honey.
  (B) 'Commodity' does not mean biopharmaceutical crops as
defined in ORS 561.738, timber or timber products.
  (b) 'Genetically engineered material' means a substance derived
from any part of a genetically engineered organism, whether or
not the altered molecular or cellular characteristics of the
organism are detectable in the substance.
  (c) 'Genetically engineered organism' means:
  (A) A life form that has been altered at the molecular or
cellular level by means that are not possible under natural
conditions or processes, except means consisting exclusively of
breeding, conjugation, fermentation, hybridization, in vitro
fertilization, tissue culture or mutagenesis; or
  (B) A life form produced through sexual or asexual reproduction
involving an initial life form described in subparagraph (A) of
this paragraph, if the life form produced possesses any of the
altered molecular or cellular characteristics of the initial life
form.
  (2) Except as provided in subsections (3) and (4) of this
section, a county may establish one or more control areas within
the county for a commodity containing genetically engineered
material. The county may prohibit, limit or condition commercial
or personal production of the commodity, authorize the control or
eradication of the commodity or exclude the processing of the
commodity within the control area.
  (3) A county may not establish a control area for a commodity
if the county is within a quarantine area declared for the
commodity by the United States Department of Agriculture. If the
county is within a quarantine area or control area for the
commodity declared by the State Department of Agriculture, the
terms of the county control area may supplement, but may not
conflict with, the terms of the quarantine area or control area
declared by the State Department of Agriculture or with any
department rules and regulations. A county may not use a control
area to interfere with a commodity traveling in interstate
commerce or to prohibit a shipment of an article for which the
State Department of Agriculture has issued a shipment permit
under ORS 561.545.
  (4) A county may not impose the terms of a county control area
to prohibit or interfere with the production or marketing of a
crop planted within the area prior to the date on which the
control area is established or to prohibit or interfere with the
presence or marketing of an animal alive and present within the
area on the date on which the control area is established unless
the presence of the animal within the area is interrupted on or
after the date on which the control area is established.
  (5) A county may not establish a control area for
biopharmaceutical crops or for genetically engineered timber or
timber products.
  (6) A place where a commodity is present in violation of the
terms of a control area established by a county is a public
nuisance. A county may give the person in possession of the place
written notice by first class mail that the person is required to
comply with the terms of the control area. If the person does not
take the required action to comply with the terms of a control
area, the county may petition the circuit court for an order
declaring the place where the commodity is present in violation
of the terms of the control area to be a public nuisance and
directing the abatement of or enjoining the nuisance.
  (7) If a county declares a control area under this section, and
the area is also included in a control area for the commodity
declared by the State Department of Agriculture, any county
payment under ORS 570.435 for inspector work described under ORS
570.430 must be accounted for separately from any expenses the
county incurs for administering and enforcing the county control
area. + }
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