Bill Text: OR SB432 | 2013 | Regular Session | Introduced

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Bill Title: Relating to State Department of Agriculture control areas.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB432 Detail]

Download: Oregon-2013-SB432-Introduced.html

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     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 1745

                         Senate Bill 432

Sponsored by Senator EDWARDS, Representatives HOYLE, GELSER;
  Senator PROZANSKI, Representatives BARNHART, HOLVEY (Presession
  filed.)

                             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.

  Expands grounds for State Department of Agriculture to
establish control area or order eradication or exclusion within
control area.

                        A BILL FOR AN ACT
Relating to State Department of Agriculture control areas;
  amending ORS 570.405.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 570.405 is amended to read:
  570.405. (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 to 561.590,
control areas within this state, if after careful investigation
 { - it - }  { +  the department + } determines that such areas
are necessary { + :
  (a) + } For the general protection of the horticultural,
agricultural or forest industries of the state from diseases,
insects, animals or noxious weeds { + ;
  (b) For the protection of horticultural, agricultural or forest
commodity or product marketability, including but not limited to
marketability of a commodity or product as being organic or as
otherwise meeting a certification, quality guarantee or labeling
standard; + } or
   { +  (c) + } For the eradication or exclusion from such areas
of certain plants or their produce, trees, diseases, animals,
insects or noxious weeds that may be a menace to such
areas { + , + }   { - and generally - }  to horticultural,
agricultural or forestry industries  { - . - }  { +  generally or
to horticultural, agricultural or forest commodity or product
marketability.
  (2) + }   { - Whenever - }  { +  If + } eastern filbert blight
is found to exist, the department may declare   { - it - }  { +
the disease  + }a hazard and may establish a control area without
having to prove how the disease is transmitted.
    { - (2) - }  { +  (3) + } The power and authority to
establish   { - such - }  control areas { +  under this
section + } and for the eradication or exclusion of certain
plants or their produce, trees, diseases, insects, animals or
noxious weeds existing therein or to be excluded therefrom shall
be exercised reasonably and justly considering the exigencies of
the particular situation, the danger to the interests sought to
be protected and the immediate and continuing effect upon the
property and the owners of the property in the areas established.
Such powers shall in no case be exercised unreasonably, unjustly
or arbitrarily.
    { - (3) - }  { +  (4) + }   { - The department in such
determination shall - }  { +  A department determination under
subsection (1) of this section must + } define the boundaries of
the areas and specify the character and kinds of plants or their
produce, trees, diseases, insects, animals or noxious weeds to be
eradicated or excluded and the manner and method of such
eradication or exclusion. The provisions of ORS 561.510 to
561.590 apply to this section.
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