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Oregon Bulletin

January 1, 2013

Department of Agriculture, Chapter 603

Rule Caption: Establishes treatment and labeling requirements for firewood imported from outside the Pacific Northwest.

Adm. Order No.: DOA 28-2012

Filed with Sec. of State: 12-3-2012

Certified to be Effective: 12-3-12

Notice Publication Date: 9-1-2012

Rules Adopted: 603-052-1080, 603-052-1090

Subject: The purpose of this proposed rule is to prevent the introduction of wood boring pests and plant diseases in imported firewood. invasive species including emerald ash borer, Asian longhorned beetle, and sudden oak death can be vectored by firewood. The rule would require that firewood imported from outside the pacific northwest (OR, WA, ID) be heat-treated and labeled. The required treatment would be 60° C (140° F) for 60 minutes. Firewood treated in this manner could be labeled as “Approved Pest-Free”. Violators would be subject to civil penalties, ranging from a Notice of Violation to a $10,000 fine, depending on the severity of the infraction.

Rules Coordinator: Sue Gooch—(503) 986-4583

603-052-1080

Firewood Restrictions To Prevent Transport Of Invasive Species

(1) This rule is established as authorized under ORS 561.510, 570.305 and 570.720 to protect the State of Oregon from the introduction of invasive species, including non-native wood-boring insects and plant diseases, transported on firewood from outside the Pacific Northwest. The requirements set forth in this rule do not apply to any non-firewood product or logs for industrial use.

(2) The following definitions apply to OAR 603-052-1080 and 603-052-1090:

(a) “Approved Pacific Northwest Firewood” is a labeling standard for firewood sold by a firewood producer who complies with the provisions of section (4)(a)(C) of this rule.

(b) “Approved Pest Free” is a labeling standard (i.e., source labeling requirement) for firewood that complies with the provisions of sections (4)(b)(A) of this rule.

(c) “Department” means the Oregon Department of Agriculture.

(d) “Firewood” means any whole or split pieces of wood less than 48” in length or other wood of any tree species cut into a form and size appropriate for use for fuel wood uses, such as home heating or campfires. Compressed wood bricks, pellets, and other processed wood products used for fuel wood uses such as home heating or campfires are excluded from this definition.

(e) “Firewood seller” means any person or business that supplies or sells firewood.

(f) “Invasive Species” means nonnative organisms that cause economic or environmental harm and are capable of spreading to new areas of the state.

(g) “Knowingly” means acting with awareness, deliberateness, or intention.

(h) “Pacific Northwest” means the states of Oregon, Washington, and Idaho.

(i) “Person” means an individual, organization, corporation or partnership, other than the Department, public authority, county, town, city, municipal agency or public corporation.

(j) “Phytosanitary certificate” means an official document issued by an exporting county, state, or country to verify a shipment has been officially inspected and meets the import requirements of the State of Oregon.

(k) “Plant Pest” means a disease, microscopic organism, insect, nematode, arthropod, parasite or any other biotic agent capable of having a significant adverse effect on the environmental quality of Oregon or of causing a significant level of economic damage in Oregon, including but not limited to damage to agricultural, horticultural or forest plants, crops, commodities or products.

(l) “Source” means the state from which the firewood was harvested.

(m) “Untreated Firewood” means any firewood that has not been treated in accordance with the provisions of section (4)(b)(A)(Approved Pest Free) of this rule.

(n) “Violation” means the failure to comply with any requirement of these rules. Each day a violation continues after the time established for compliance shall be considered a separate violation unless the department finds that a different period of time is more appropriate to describe a specific violation event.

(3) No person shall transport, by any means, untreated firewood into the State of Oregon, for sale or use within the State from any location outside of the Pacific Northwest.

(4) Restrictions on transport, sale, or possession of untreated firewood within Oregon:

(a) Pacific Northwest-harvested firewood:

(A) Persons who cut and burn firewood in Oregon for personal use are exempt from these documentation, treatment, and labeling requirements.

(B) Firewood harvested and then sold in the Pacific Northwest does not need to be treated or labeled.

(C) Optional labeling for untreated Pacific Northwest Firewood: Sellers of Pacific Northwest Firewood:

(i) May choose to use the “Approved Pacific Northwest Firewood” designation on firewood that has its source wholly within the Pacific Northwest and outside of declared quarantine areas for invasive species (ORS 561.510, 561.560, OAR 603-052-1230). A summary of Oregon’s plant quarantines is available at http://nationalplantboard.org/laws/index.html.

(ii) Firewood sellers using the optional “Approved Pacific Northwest Firewood” label shall maintain records that include, at a minimum, the source(s) of the firewood for a minimum of one (1) year. Upon request, such records shall be made available for inspection to the Department.

(iii) Are required to provide to all purchasers (except to the final end-use customer, unless requested), the source of the firewood and the contact name of the seller.

(D) Landowners who occasionally allow or charge a fee for cutting firewood on their land for personal use in Oregon are not considered sellers.

(b) Firewood harvested from outside the Pacific Northwest:

(A) Firewood from outside the Pacific Northwest must be heat treated to a minimum wood core temperature of 60oC (140oF) for at least 60 minutes or equivalent treatment as approved by the Department. Air drying of firewood is insufficient and is not approved by the Department. Post treatment firewood must be stored in a manner to minimize re-infestation.

(B) Treated firewood meeting the standard in (A) above, whether harvested from the PNW or elsewhere may be labeled as “Approved Pest Free.”

(C) Sellers of “Approved Pest Free” firewood shall maintain, for at least two (2) years from the date of treatment, records that document the source of the wood, the treatment method and the volume of firewood treated. Official phytosanitary certificates from a firewood seller’s State Department of Agriculture or official equivalent may be used to verify the treatment method and volumes of treated firewood produced. Regulatory officials shall be allowed to inspect such records and the facilities used to treat and store the firewood upon request.

(D) Using an “Approved Pest Free” label fraudulently is subject to civil penalties as described in section (5).

(5) Violation of rule. Violators of this rule will be subject to civil penalties of up to $10,000 as provided by ORS 561.995 and described in OAR 603-054-0070. Commodities shipped in violation of this rule may be treated, destroyed, or returned to the point of origin without expense or indemnity paid by the state. Civil penalties recovered under this section shall be deposited in the Invasive Species Control Account ORS 570.810.

Stat. Auth.: ORS 570.305, 561.510, 570.720
Stats. Implemented: ORS 570.720
Hist.: DOA 28-2012, f. & cert. ef. 12-3-12

603-052-1090

Civil Penalty Matrix

(1) Magnitude of violation: The commission of prohibited acts specified below has been determined to be a minor, moderate, or major violation.

(a) Minor:

(A) Failure to maintain proper certificates or paperwork as required.

(B) Importing firewood for personal use that does not meet the requirements of this rule from outside the Pacific Northwest.

(b) Moderate: Importing firewood for other than personal use that does not meet the requirements of this rule from outside the Pacific Northwest.

(c) Major:

(A) Knowingly importing infested or infected firewood that does not meet the requirements of this rule from outside the Pacific Northwest.

(B) Knowingly representing untreated or improperly treated firewood as Approved Pest Free firewood.

(C) Tampering with, altering, misrepresenting or falsifying in any manner official documents issued by a plant regulatory official. Providing false information required for issuance of documents. Using falsified documents.

(2) Standard civil penalties will be as follows. The Director may consider extenuating circumstances in assigning a penalty.

 1st Violation — 2nd Violation — 3rd & Subsequent Violation

Minor — Notice of violation — $100 — $300

Moderate — $300 —  $900 — $1,800

Major — $5,000 — $7,500 — $10,000

Stat. Auth.: ORS 570.305, 561.510, 570.720
Stats. Implemented: ORS 570.720
Hist.: DOA 28-2012, f. & cert. ef. 12-3-12


 

Rule Caption: Establishing a statewide control area for giant reed, Arundo donax.

Adm. Order No.: DOA 29-2012

Filed with Sec. of State: 12-12-2012

Certified to be Effective: 12-12-12

Notice Publication Date: 10-1-2012

Rules Adopted: 603-052-1206, 603-052-1209, 603-052-1211

Subject: This rule would establish a statewide control area for a giant reed, Arundo donax. Giant reed is an invasive noxious weed in some parts of the world. It is also a promising bio-energy crop because of its high biomass production and it is grown as an ornamental and for woodwind instrument reeds. These rules are designed to allow giant reed to be grown as a biofuel and an ornamental plant while protecting the environment and agricultural, horticultural, and forest industries of the state. PGE proposes to switch their Boardman Power Plant’s fuel source from coal to biofuel by 2020. Under this rule, biofuel crops of giant reed would be allowed under permit. A $2.00/acre assessment for monitoring and a $100/acre bond to cover eradication would be required. Wild-type giant reed would be phased out of the nursery industry by Dec. 31. 2013 and only variegated varieties would be allowed after that date. All ornamental uses of giant reed would be terminate if the Department and the state Weed Board list giant reed as a noxious weed.

Rules Coordinator: Sue Gooch—(503) 986-4583

603-052-1206

Definitions

As used in OAR 603-052-1206 to 603-052-1211 unless the context requires otherwise:

(1) “Giant reed” or “giant cane grass” means the plant species Arundo donax L. For purposes of this rule the term “giant reed” or “giant cane grass” applies to whole plants, plant parts, rhizomes, harvested plant parts, and seeds. For purposes of this rule, “giant reed” or “giant cane grass” does not include variegated varieties of giant reed as defined in subsection (4) of this section.

(2) “Feral giant reed” means whole plants of the plant species Arundo donax growing outside of permitted production areas or as otherwise inconsistent with this rule.

(3) “Riparian area” means a zone of transition from an aquatic ecosystem to a terrestrial ecosystem, dependent upon surface or subsurface water, that reveals through the zone’s existing or potential soil-vegetation complex the influence of such surface or subsurface water.

(4) “Special Flood Hazard Area” means an area inundated during the 1% annual flood (also known as 100-year flood or a base flood) as determined from the January 2011 version of the Flood Insurance Rate Maps of the Federal Emergency Management Agency (FEMA) available through the Department of Land Conservation and Development at: <http://oregonriskmap.com/index.php?option=com_content&view=category&id=11&Itemid=12>.

(5) “Variegated varieties of giant reed” means horticultural varieties of Arundo donax with striped or spotted leaves. Variegated varieties may include but are not limited to varieties marketed as “Peppermint Stick,” “Variegata,” and “Golden Chain,” or other ornamental varieties that can be visually distinguished from “giant reed” or “giant cane grass.”

(6) “Wetland” means areas that are naturally inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

Stat. Auth.: ORS 570.405
Stats. Implemented: ORS 570.405
Hist.: DOA 29-2012, f. & cert. ef. 12-12-12

603-052-1209

Purpose

Giant reed, Arundo donax, is a promising bio-energy crop because of its high biomass yield. It is also grown as an ornamental and as a source of reeds for woodwind instruments. Giant reed is highly invasive in riparian areas in some regions of the United States such as California, Texas, and Florida. It is the intent and purpose of OAR 603-052-1206 to 603-052-1211 to balance goals to develop new agricultural crops and support renewable energy development from agricultural feedstocks while protecting natural resources and preventing the establishment of giant reed in riparian areas where it could cause major negative impacts to the natural resources of the State of Oregon.

Stat. Auth.: ORS 570.405
Stats. Implemented: ORS 570.405
Hist.: DOA 29-2012, f. & cert. ef. 12-12-12

603-052-1211

Control Area

(1) As authorized by ORS 570.405, a statewide control area is established to reduce the risk of uncontrolled spread of giant reed into the environment in order to protect the horticultural, agricultural or forest industries of the state.

(2) Extent of Control Area: All of the State of Oregon.

(3) Commodities Covered: All life stages of giant reed, Arundo donax.

(4) Prohibited Acts:

(a) Giant reed is prohibited from being imported, planted, propagated, or grown except as allowed in this rule in sections (5) through (7) below.

(b) Giant reed shall not be planted, grown, or stored in riparian areas, wetlands, or special flood hazard areas (100-year flood plains) or in a 100 ft. buffer beyond the edge of riparian areas, wetlands, or flood hazard areas.

(5) Permit Requirements:

(a) Except as specified in OAR 603-053-1211(7)(b), giant reed shall not be planted or grown in Oregon without a permit from the Oregon Department of Agriculture (ODA).

(b) Applications for permit must be in writing to ODA and include specific locations, detailed maps of the field locations, and any water bodies in the vicinity of all proposed field locations. Applications for a permit to produce giant reed must be sent to: Plant Program Area Director, Oregon Department of Agriculture, 635 Capitol St. NE, Salem, OR 97304 or emailed to: <dhilburn@oda.state.or.us>.

(c) ODA will review the application upon its receipt and share the application information with noxious weed control officials in the county(ies) where production of giant reed is grown or proposed to be grown.

(d) ODA may deny an application or may issue a permit with any conditions as may be necessary to prevent the uncontrolled spread of giant reed or as necessary to protect the horticultural, agricultural or forest industries of the state. Conditions that ODA may require include, but are not limited to, conditions requiring notification to ODA of the dates when giant reed fields are planted and are taken out of production, annual updates on field locations, or any other precautions related to site-specific risk factors presented by a proposed growing location.

(e) Permit holders will be assessed an annual fee of $2.00 per acre payable to ODA before planting and every twelve months thereafter, to cover the cost of monitoring fields where giant reed is produced and the cost of surveys for feral giant reed in the environment. Monitoring and surveys are necessary to ensure that giant reed has not escaped outside of contracted production areas and is necessary for enforcing the terms of the control area established in this rule.

(f) Any equipment used in giant reed production fields must be cleaned free of soil and plant debris prior to leaving production fields.

(g) Planting stock from outside Oregon must be washed free of soil and must be accompanied by a phytosanitary certificate indicating that the stock has been inspected and found free of soil and harmful pests, diseases, and weeds.

(h) In-state producers of biofuel planting stock are subject to the same requirements as biofuel producers.

(i) Green giant reed must not be transported outside the fields where it is grown unless it is in a covered container or the load is tarped. Harvested giant reed that is conditioned (crushing, chipping, chopping, or shredding) and dried in the field need not be transported in closed containers and such loads need not be tarped (e.g. bales of giant reed).

(6) Bond; Conditions for Ceasing Production of Giant Reed:

(a) Contractors (or growers if there is no contractor) for the production of giant reed for other than ornamental or woodwind reed purposes (see (7) below) must supply a bond or another form of acceptable collateral furnished by a surety company authorized to do business in Oregon in favor of the State of Oregon through its Department of Agriculture. The amount of the bond/collateral will be $100/acre up to a maximum of $1,000,000. The permit will not be issued until the Department has received the bond/collateral. The purpose of the bond is to cover any and all costs associated with the detection and eradication of giant reed inside or outside of production fields if the Department determines feral giant reed must be eradicated in order to protect the agricultural, horticultural or forest resources of the State. The bond/collateral must be in place for the duration of permitted production and remain effective for 3 years after production ceases.

(b) The holder of a permit for the production of giant reed that ceases production of giant reed must completely eradicate giant reed in a manner that prevents former giant reed production fields from becoming a source of propagules that could lead to accidental spread of giant reed in the wild.

(c) Any holder of a permit issued by ODA must monitor any and all areas upon which giant reed was produced under permit for at least three years after production ceases to ensure that all giant reed plants are killed and any source of propagules are eradicated. ODA may require additional monitoring time as it determines is necessary to assure complete eradication of giant reed from areas under contract for production.

(d) Any and all costs associated with eradication of giant reed in production fields and adjacent property owned or controlled by the producer after production has ceased is the responsibility of the permit holder.

(e) Oregon State University Research and Extension Centers are exempt from sections (5)(a) and (6)(a) of this rule for the purpose of allowing research related to giant reed production and control.

(7) Conditions for Ornamental and Woodwind Reed Plantings:

Giant reed has been used as an ornamental plant in Oregon for many years. It is also grown as a source for woodwind reeds. Ornamental or woodwind reed plantings could result in feral populations. In order to lower the risk of ornamental or woodwind reed plants becoming feral, giant reed is being phased out of the nursery trade. Variegated varieties such as “Peppermint Stick,” “Variegata,” and “Golden Chain,” may continue to be grown and sold in Oregon unless ODA and State Weed Board list giant reed as a noxious weed.

(a) After December 31, 2013, only variegated varieties of giant reed may be sold in Oregon for ornamental or woodwind reed purposes.

(b) A permit is not required for ornamental or woodwind reed plantings of variegated varieties of giant reed totaling less than ? acre.

(c) Ornamental and woodwind reed plantings of giant reed existing before these rules were adopted will not be considered feral unless they are in Special Flood Hazard Areas or the ODA determines such populations are becoming invasive. Any plantings of giant reed or variegated varieties of giant reed over ? acres are subject to the permitting requirements in OAR 603-052-1211(5).

(d) If the ODA and the State Weed Board determine giant reed is a noxious weed, all ornamental uses of giant reed shall terminate and all production will require a permit.

(8) Eradication and Control of Giant Reed:

(a) Except as stated in (7) above, ODA considers giant reed plants detected outside of contracted production fields as feral plants, which shall be eradicated or controlled.

(b) Any person owning or occupying property upon which feral giant reed is detected must contact the ODA within 48 hours of detection.

(c) Upon detection of feral giant reed, ODA may develop a survey, eradication, and monitoring plan to control or eradicate detected feral giant reed. Consistent with its authorities, ODA may develop and conduct appropriate measures to control or eradicate feral giant reed, may enter into a contract for the purpose of controlling or eradicating feral giant reed, or take any measures necessary to control or eradicate feral giant reed consistent with law.

(d) Control or eradication of feral giant reed may be implemented at no cost to a person owning or controlling land within this state upon which feral giant reed is detected. However, ODA may request any person owning or controlling land within this state to control, prevent the spread of, or eradicate feral giant reed, subject to supervision of such activities by ODA.

(e) If ODA is unable to control or eradicate feral giant reed on private property, then consistent with the provision of ORS 570.405(2), any person owning or controlling land within this state must take measures to eliminate or prevent the possibility of spread of feral giant reed to other lands and ownerships. Control measures for feral giant reed must be implemented in a timely manner as determined by ODA. Treatments must provide sufficient levels of control to make progress toward the goal of eradication.

(9) Review:

(a) ODA will conduct a thorough review of these rules after PGE’s test burn (now scheduled for 2014) and before large acreages of giant reed are planted. The best available science, experience with test plots, survey results, and plans for expansion of giant reed production will be taken into consideration when determining whether these rules should be amended.

(b) Before December 31, 2022, the Department will conduct a thorough review of the effectiveness and necessity for this rule. If by that date giant reed has not been declared a noxious weed by ODA and the State Weed Board, the bond/collateral requirement (6)(a) sunsets unless specifically extended via amendment to this rule.

Stat. Auth.: ORS 570.405
Stats. Implemented: ORS 570.405
Hist.: DOA 29-2012, f. & cert. ef. 12-12-12

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2012.

2.) Copyright 2013 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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