OAR 603-052-0882
Willamette Valley Protected District

(1) Willamette Valley Protected District
(a) “Willamette Valley Protected District” means the area encompassed within a rectangle formed by the point in Tillamook County that is the northwest corner of township 1 north, range 6 west, the point in Multnomah County that is the most northeastern point of township 1 north, range 2 east within Oregon, the point in Lane County that is the southeast corner of township 19 south, range 2 east and the point in Lane County that is the southwest corner of township 19 south, range 6 west. A map of the area encompassed by the Willamette Valley Protected District is available at: https://oda.direct/Canola.
(b) The Department may use the Protected District Advisory Committee to advise and counsel the Department on the production of rapeseed species in the protected district.
(c) Within the Willamette Valley Protected District, canola for edible or inedible oil production may be grown only pursuant to a permit issued by the Department.
(d) After the effective date of SB 885 (80th Oregon Legislative Assembly-2019 Regular Session), the production of canola for edible and inedible oil production within the Willamette Valley Protected District is limited to no more than 500 acres per crop year.
(e) Within the Willamette Valley Protected District any canola must maintain an isolation distance of at least three (3) miles from any Brassica Specialty Seed crop, unless an Isolation Distance Exception agreement is on file with the Department.
(2) Application for Permit to Grow Canola
(a) For the 2020 crop year, applications for a permit to grow canola must be received by July 19, 2019 for the fall planting and by February 15, 2020 for the spring planting. Thereafter, for all years other than 2020, applications must be received by June 30th of each calendar year for the fall planting and by February 15 of each calendar year for the spring planting. For each spring planting season, applications will be accepted and permits issued until available acres are allocated.
(b) Applications must be complete and timely received in the Department by the dates in subsection (a).
(c) Applications must be completed on a form provided by the Department and must include the following:
(A) The name, address, and contact information of the applicant;
(B) The nearest address and global positioning system (GPS) coordinates provided in decimal of degrees and taken at the approximate center of each proposed field(s) to be cultivated in canola;
(C) The number of acres of each field in which canola is proposed to be cultivated;
(D) A map/aerial photo of the field showing clear boundaries and the center of the field marked with an X;
(E) Information indicating whether the applicant is willing to adjust the number of acres requested to accommodate required isolation distance(s) and if so, the minimum number of acres that applicant may accommodate; and
(F) May include a signed Isolation Distance Exception Agreement(s) if the applicant has entered into such agreement for the applicable crop year.
(3) Review and Approval of Canola Permit Applications: The Department shall review complete applications to determine whether a permit to grow canola may be issued and, if so, the terms of each permit.
(a) Using the information provided in each application, the Department will consult with the Willamette Valley Protected District Advisory Committee to determine the location and acreages of areas that are cultivated with or will be cultivated with Brassica Specialty Seed crops during the crop year for which the application to grow canola is made.
(b) The Department will determine the allowed location for growing canola as requested in each application by considering the appropriate isolation distance from Brassica Specialty Seed crops existing at the time of the application or planned for cultivation during the crop year for which a permit to grow canola is sought.
(c) The Department will contact those applicants who may need an Isolation Distance Exception for the 2020 crop year by July 30th to obtain an agreement and provide a copy to the Department by August 9th. For the spring planting of the 2020 crop year, the Department will contact those applicants who may need an Isolation Distance Exception immediately following the meeting of the advisory committee. For each year following the 2020 crop year, the Department will contact those applicants who may need an Isolation Distance Exception as soon as possible after the advisory committee meeting for the fall or spring planting of that crop year.
(d) Criteria for issuing permits:
(A) The Department will issue permits based on the ability to place canola fields maintaining industry recommended Isolation Distances from other Specialty Seed crops grown within the Willamette Valley Protected District.
(B) The Department will consider maximum and minimum field sizes requested in order to permit up to the full 500 acres of canola in the Willamette Valley Protected District.
(C) The Department will attempt to promote the maximum opportunities for the production of canola by the most growers within the Willamette Valley Protected District.
(D) In the event there are additional acres to allocate after the minimum number of acres have been allocated to each permit applicant, the Department will conduct a lottery using all applications received to distribute the remaining available acreage to applicants up to the maximum acreage requested on the application.
(E) Any permit issued by the Department shall contain the allowed location and acreage for canola cultivation during the crop year for which the application is made.
(F) Permits shall be issued in writing to the applicant by August 14, 2019 for the 2020 crop year. In following years permits shall be issued in writing to the applicant by August 10th for that crop year. Permits authorize the cultivation of canola only for the time period specified in the permit and only according to the terms of the permit.
(4) Denial of Applications for Canola Permit
(a) The Department may deny an application for the following reasons:
(A) The application was not timely received in the Department;
(B) The application contains false, misleading, or incorrect information;
(C) The location or acreage of fields sought for canola cultivation as provided in the application may not be accommodated or because acreage limits have been met; or
(D) The applicant has a history of noncompliance within the last three years with rules of the Department implementing ORS 570.400 or ORS 570.450 (Rapeseed control areas).
(b) Any denial of an application shall be in a writing directed to the applicant and served by mail. Denials shall contain the information required by ORS 183.415 (Notice of right to hearing).
(c) Applicants may request a hearing as provided in ORS Chapter 183 (Administrative Procedures Act) within 10 days after a notice of denial is received by the applicant.
(A) A request for hearing must be in writing and must be received in the Department within ten (10) days after a notice of denial is received by the applicant.
(B) A request for hearing may not be in an email to the Department, but must be mailed, faxed or otherwise delivered to the Department.
(5) Violations: The Department may assess a civil penalty, not to exceed $25,000, against a person that plants canola without a permit or violates the terms of a permit issued by the Department.

Source: Rule 603-052-0882 — Willamette Valley Protected District, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=603-052-0882.

603‑052‑0020
Exemption from Quarantine Orders 603‑052‑0030
Plum Curculio Quarantine 603‑052‑0051
Quarantine: Grape Pests and Diseases 603‑052‑0075
Quarantine 603‑052‑0114
Quarantine 603‑052‑0115
Quarantine 603‑052‑0116
Quarantine 603‑052‑0118
Quarantine 603‑052‑0120
Quarantine 603‑052‑0121
Quarantine 603‑052‑0126
Quarantine 603‑052‑0127
Quarantine 603‑052‑0129
Quarantine 603‑052‑0150
Control Areas and Procedures 603‑052‑0153
Definitions 603‑052‑0154
Control Area 603‑052‑0155
Intent and Purpose 603‑052‑0156
Control by Spraying 603‑052‑0157
Inspection Procedures 603‑052‑0158
Control Procedures 603‑052‑0160
Definitions 603‑052‑0165
Control Area 603‑052‑0170
Intent and Purpose 603‑052‑0175
Control by Spraying 603‑052‑0180
Inspection Procedures 603‑052‑0185
Control Procedures 603‑052‑0187
Definitions 603‑052‑0188
Control Area 603‑052‑0189
Intent and Purpose 603‑052‑0190
Control by Spraying 603‑052‑0191
Inspection Procedures 603‑052‑0192
Control Procedures 603‑052‑0260
Hood River Control Area: Insect Pests and Diseases in Fruit Trees 603‑052‑0265
Definitions 603‑052‑0270
Intent and Purpose 603‑052‑0275
Control by Spraying 603‑052‑0280
Inspection and Control Procedures 603‑052‑0328
Klamath County Mint Disease Control Area Order 603‑052‑0347
Control Area and Procedures in Malheur County 603‑052‑0350
Control Area — Yellow Dwarf — Marion County 603‑052‑0355
Control Area — Yellow Dwarf — Yamhill and Washington Counties 603‑052‑0360
Control Area: Onion Maggot — Malheur County 603‑052‑0385
Malheur County Bean Disease Control Area and Procedures 603‑052‑0390
Wallowa County Potato Disease Control Area and Procedures 603‑052‑0395
Union County Potato Disease Control Area and Procedures 603‑052‑0450
Quarantine 603‑052‑0825
Hazelnut Nursery Stock Control Area 603‑052‑0830
Commercial Potatoes Produced in Oregon to be Grown from “Certified Seed” 603‑052‑0860
Brassicaceae Production Districts and Rapeseed Control Areas 603‑052‑0861
General Production Area/Protected Districts 603‑052‑0862
Definitions 603‑052‑0870
General Production Area 603‑052‑0880
Protected Districts 603‑052‑0882
Willamette Valley Protected District 603‑052‑0884
Central Oregon Protected District 603‑052‑0886
Northeast Oregon Protected District 603‑052‑0888
Malheur/Idaho Protected District 603‑052‑0901
Research, Summary, Changes 603‑052‑0921
Violations 603‑052‑1020
Quarantine Against Powdery Mildew of Hops 603‑052‑1025
Quarantine 603‑052‑1030
Control Area Against Rough Bluegrass in Union County 603‑052‑1040
Control Area Against Rough Bluegrass in Morrow and Umatilla Counties 603‑052‑1050
Control Area Against Creeping Annual Bluegrass in Union County 603‑052‑1060
Control Area Against Creeping Annual Bluegrass in Morrow and Umatilla Counties 603‑052‑1080
Firewood Restrictions To Prevent Transport Of Invasive Species 603‑052‑1090
Civil Penalty Matrix 603‑052‑1100
Purpose 603‑052‑1110
Definitions 603‑052‑1120
Notification 603‑052‑1130
Fees 603‑052‑1150
Laboratory Fees for Official, Regulatory and Service Samples 603‑052‑1200
Quarantine 603‑052‑1205
Weed-Free Tree Seedling Nurseries 603‑052‑1206
Definitions 603‑052‑1209
Purpose 603‑052‑1211
Control Area 603‑052‑1221
Quarantine 603‑052‑1230
Quarantine: Phytophthora ramorum 603‑052‑1236
Biopharmaceutical Crops 603‑052‑1240
Bentgrass Control Area in Jefferson County 603‑052‑1241
Quarantine: Rathayibacter toxicus 603‑052‑1245
Blueberry Nursery Stock Control Area 603‑052‑1300
Purpose and General Information 603‑052‑1310
Definitions 603‑052‑1320
Approved Species (Non-Regulated) 603‑052‑1330
Changes to List of Approved Invertebrates 603‑052‑1340
Permits 603‑052‑1350
Premises and Permit Accessible to Department Officials 603‑052‑1360
Violations 603‑052‑1370
Civil Penalties 603‑052‑1380
Invasive Species Council: Voting process, responsibilities and duties for Chair and Co-Chair 603‑052‑1390
Temporary rules prohibiting the import of Marimo or Moss balls infested with zebra mussels
Last Updated

Jun. 8, 2021

Rule 603-052-0882’s source at or​.us