(a) A disease or an infestation has a significantly adverse effect on plants, animals, fowls or bees;
(b) The disease or infestation is not widely prevalent or distributed within this state;
(c) The disease or infestation exists in another state, territory or country or in any locality within this state; and
(d) Following the procedure for declaring a quarantine by rule under ORS 561.510 would create a serious danger of the disease or infestation spreading within the state during the time required by the procedure.
(2) The written order declaring the quarantine shall prohibit the movement into or within the state of any plants, animals, fowls, bees or articles that are likely to spread the disease or infestation. The director may amend the order as the director considers necessary. The director shall sign the written order and any amendments to the order.
(3) The director shall file all quarantine orders and amendments to the orders with the Secretary of State. The director shall give notice of the quarantine orders and amendments to the orders by publication in a newspaper of general circulation in the quarantine area and by one or more additional methods that reasonably ensure that affected persons and other members of the public have knowledge of the quarantine order or amendment. A quarantine order or amendment to an order is effective upon filing with the Secretary of State. A person may not carry, move or transport any plants, animals, fowls, bees or articles specified in a quarantine order or amendment from the quarantined area into or through any part of the state, except as provided in the order or amendment. The State Department of Agriculture shall keep a record of the methods used to provide notice under this subsection for each quarantine order or amendment to an order.
(4) A quarantine created by a written order issued under this section may not remain in effect more than 180 days after the first publication of notice under subsection (3) of this section. However, a quarantine for a longer period may be declared under ORS 561.510, to take effect at or before the expiration of the 180-day period.
(5) The Governor by filing an order with the Secretary of State may terminate a quarantine ordered by the director under this section. If the Governor terminates a quarantine under this subsection, the director must obtain the approval of the Governor before issuing any additional quarantine order or amendments under this section for the same disease or infestation. [Amended by 1969 c.150 §1; 1971 c.734 §85; 2009 c.98 §19; 2015 c.203 §1]
Structure 2021 Oregon Revised Statutes
Volume : 15 - Water Resources, Agriculture and Food
Chapter 561 - State Department of Agriculture
Section 561.005 - Definitions.
Section 561.020 - Responsibility of department as to inspectional, regulatory and development work.
Section 561.030 - Seal; principal office; authority to acquire real property.
Section 561.060 - Salaries and bonds of employees.
Section 561.070 - Assistants and employees; appointment, classification and duties.
Section 561.075 - Reports to director; publications.
Section 561.144 - Department of Agriculture Service Fund; sources.
Section 561.150 - Department of Agriculture Account.
Section 561.191 - Program and rules relating to water quality.
Section 561.192 - Code of regulations; compilation and publication.
Section 561.194 - Distribution of code of regulations.
Section 561.200 - Prohibitions against the obstruction of officers, agents or employees.
Section 561.258 - Regulation of vermiculture.
Section 561.265 - Inspecting records of persons required to pay fees to department.
Section 561.279 - Issuance of subpoenas by department for investigations or hearings.
Section 561.303 - Refund of excess fees or penalties; conditions; refusal to refund.
Section 561.315 - Publication of product test reports.
Section 561.362 - Activities of Oregon State University.
Section 561.364 - Cooperation with Oregon State University.
Section 561.372 - State Board of Agriculture created; member qualifications; terms.
Section 561.374 - Compensation and expenses; organization; meetings; quorum.
Section 561.376 - Legislative findings; State Board of Agriculture duties.
Section 561.378 - State Board of Agriculture report.
Section 561.410 - Department’s granting of credit; invoice; payment due date.
Section 561.430 - Deposit or bond to secure payment.
Section 561.510 - Quarantines; establishment by rule; content; public hearing.
Section 561.540 - Rules and regulations governing quarantines.
Section 561.545 - Permits for shipments of articles subject to quarantine.
Section 561.560 - Emergency quarantine; publication of notice; powers of Governor; duration.
Section 561.580 - Cooperation with United States and other states with respect to quarantines.
Section 561.605 - Detention, seizure or embargo of agricultural products; labeling; notification.
Section 561.610 - Request for hearing; when held.
Section 561.615 - Conduct of hearing; action by department.
Section 561.620 - Procedure when products disposed of; salvage.
Section 561.700 - New Crops Development Board; membership; terms; compensation and expenses.
Section 561.710 - Officers; quorum; meetings.
Section 561.720 - Duties; authority.
Section 561.738 - Definitions for ORS 561.738 and 561.740.
Section 561.740 - Regulation of biopharmaceutical crops; fees.