(a) A plant pest, other than a plant pest possessed or moved in compliance with a permit described in ORS 570.215, is a public nuisance.
(b) A plant, crop or agricultural, horticultural or forest commodity or product, that is infested with or harbors a plant pest is a public nuisance.
(2) The State Department of Agriculture may abate a public nuisance described in subsection (1) of this section by using the public nuisance abatement processes described in ORS 570.170 and 570.180.
(3) The State Department of Agriculture is not required to compensate a person for any loss incurred from the abatement of a public nuisance under this section or ORS 570.170 or 570.180. This subsection does not apply to compensation for an abatement-related loss that results from the application of a pesticide in a faulty, careless or negligent manner. [2009 c.98 ยง8]
Structure 2021 Oregon Revised Statutes
Volume : 15 - Water Resources, Agriculture and Food
Chapter 570 - Plant Pest Control; Invasive Species
Section 570.001 - Definitions.
Section 570.010 - County horticultural inspectors; appointment; term; powers and duties.
Section 570.020 - Inspectors may enter premises.
Section 570.030 - Compensation of inspectors; office supplies; clerical help.
Section 570.115 - Quarantine establishment; revocation.
Section 570.125 - Inspector of outgoing shipments.
Section 570.145 - Procedure when shipment articles can be separated.
Section 570.155 - Disposition of shipment when articles not separated or treated.
Section 570.175 - Procedure for abatement of public nuisance.
Section 570.210 - Control of plant pests not subject to quarantine; rules.
Section 570.215 - Prohibition against movement of plant pests; permits; rules.
Section 570.225 - Public nuisances; abatement; compensation.
Section 570.310 - Cooperation with interested groups and agencies.
Section 570.405 - Department may establish control areas; limitations.
Section 570.425 - Inspector has access to land in area; refusal to comply with control area order.
Section 570.430 - Procedure for collection of expenses incurred by inspector.
Section 570.450 - Rapeseed control areas.
Section 570.700 - Definitions for ORS 570.700 to 570.710.
Section 570.705 - Legislative findings; timber product inspection; assessment of costs.
Section 570.710 - Fee for timber products health program.
Section 570.720 - Firewood sources; treatment; transportation; supply; sales; rules.
Section 570.750 - Legislative findings.
Section 570.755 - Definition of invasive species; Invasive Species Council duties.
Section 570.770 - Invasive Species Council; membership; terms.
Section 570.775 - Officers; quorum; schedule; rules.
Section 570.780 - Invasive Species Coordinator; administrative expenses of Invasive Species Council.
Section 570.790 - Advisory and technical committees.
Section 570.800 - Invasive Species Council Account; trust account.
Section 570.995 - Civil penalties for quarantine or control area order violations.
Section 570.997 - Civil penalties for plant pest control or movement violation.