State Department of Agriculture
- establishment by rule
- public hearing
(1)The Director of Agriculture may adopt rules under ORS chapter 183 declaring a quarantine if the director believes that any animals, fowls, bees, fruits, vegetables, plants, parts of plants or seeds within any area or section are diseased or infested with a pest, or that any area or section is infested with a weed, and that the disease, infestation or weed is likely to spread and become detrimental to the plant or animal life of this state or to the health of citizens of the state. The director may declare the quarantine for any area or section for which the Secretary of Agriculture of the United States has not determined that a quarantine is necessary and established a quarantine. The quarantine may prohibit:
(a)The movement of diseased or infested animals, fowls, bees, fruits, vegetables, plants, parts of plants or seeds or of weeds or weed seeds; or
(b)Articles that might contain the disease, infestation, weeds or weed seeds or that might otherwise spread the disease, infestation or weeds into the state from outside the state or from one area or section of the state to another area or section within or outside the state.
(2)Except as provided in subsection (3) of this section, the director shall hold at least one public hearing in this state before adopting a rule that declares a quarantine under this section.
(3)If an emergency exists and postponement of the effective date of the quarantine would result in serious prejudice to the public health, safety or welfare, or to the health, safety or welfare of the affected parties, the director may make the quarantine effective immediately as authorized by ORS 183.355 (Filing and taking effect of rules) (3)(b). [Amended by 2009 c.98 §18; 2017 c.518 §8]
Law Review Citations
4 EL 195 (1974)