(2) The power and authority to establish control areas and for the eradication or exclusion of certain plants or their produce, trees or insects or other plant pests existing in the areas or to be excluded from the areas 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. The department may not exercise the power to establish control areas unreasonably, unjustly or arbitrarily.
(3) The department, in making a determination, shall define the boundaries of the control areas and specify the character and kinds of plants or their produce, trees or insects or other plant pests to be eradicated or excluded and the manner and method of eradication or exclusion. The provisions of ORS 561.510 to 561.590 apply to this section. [Amended by 1987 c.228 §1; 2015 c.203 §18]
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.