(2) To the extent authorized under federal and state law, or under any memorandum of understanding or other agreement entered into under subsection (1) of this section, the Director of Agriculture and the appointee of the Director of the Oregon Health Authority, or their designees:
(a) Notwithstanding ORS 192.311 to 192.478, shall refuse to disclose any biopharm permit application or related biopharmaceutical crop information received from the United States Department of Agriculture’s Animal and Plant Health Inspection Service, or from any successor to that service, that the United States Department of Agriculture has determined to be confidential business information.
(b) May review biopharm permit applications and biopharmaceutical crop information submitted to the United States Department of Agriculture.
(c) May administer and conduct site inspections and monitoring of any biopharmaceutical crops grown in Oregon.
(d) If there is evidence that biopharmaceutical crops are endangering Oregon agriculture, horticulture or forest production or public health, may take appropriate enforcement action.
(e) May charge a biopharm permit applicant or holder fees for state oversight, services or activities under this section. Fees charged under this paragraph may not total more than $10,000 and must be reasonably calculated to reimburse the state for the actual cost of the oversight, services or activities. Fees collected under this paragraph shall be deposited to the credit of the Department of Agriculture Service Fund and are continuously appropriated to the State Department of Agriculture for the purpose of carrying out this section. [2007 c.577 §2; 2009 c.595 §989]
Note: See note under 561.738.
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.