Oregon State Archives

Oregon Bulletin

February 1, 2011

Department of Agriculture
Chapter 603

Rule Caption: Updates the federal host list and eradication protocols in Oregon’s regulations for Phytophthora ramorum.

Adm. Order No.: DOA 21-2010

Filed with Sec. of State: 12-17-2010

Certified to be Effective: 12-17-10

Notice Publication Date: 6-1-2010

Rules Amended: 603-052-1230, 603-052-1250

Subject: The USDA Animal and Plant Health Inspection Services updated their quarantine and official protocols for Phytophthora ramorum. The Oregon Department of Agriculture is proposing to amend our State regulations to harmonize with the federal changes. In both OAR 603-052-1230 and 603-052-1250, the following will be updated to the most recent federal version: (1) host and associated plant list; (2) confirmed nursery protocol for wholesale and production nurseries; and (3) confirmed nursery protocol for retail nurseries. In OAR 603-052-1230, the confirmed residential and landscape protocol will also be updated to the latest federal version.

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

603-052-1230

Quarantine: Phytophthora ramorum

(1) Establishing a quarantine: A quarantine is established against Phytophthora ramorum, the cause of sudden oak death and other plant diseases. This quarantine is established under ORS 561.510 and 561.540 to protect Oregon’s agricultural industries and natural resources from the artificial spread of P. ramorum. This pathogen causes mortality in susceptible oak (Quercus spp.), tanoak (Lithocarpus spp.), Rhododendron (Rhododendron spp.), viburnum (Viburnum spp.), evergreen huckleberry (Vaccinium ovatum), and other plant species. In other susceptible plants it causes leaf spots, twig dieback and/or stem cankers. Methods for exclusion of commodities potentially infected with this disease and procedures for eradication of incipient infections are prescribed in this quarantine.

(2) Area under quarantine:

(a) The following counties in California: Alameda, Contra Costa, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, San Francisco, San Mateo, Santa Clara, Santa Cruz, Solano, and Sonoma;

(b) The following portion of Curry County that lies inside the area south of the northern border of T38S R12W sections 29 and 30, T 39S R13W sections 1, 2, 3, 4, 5, and 6, and T39S R14W sections 1, 2, 3, 4, and 5; then west of the eastern border of T38S R12W sections 29 and 32, T39S R12W sections 5, 8, 17, 20, 29, and 32, T40S R12W sections 5, 8, 17, 20, 29, and 32, and T41S R12W sections 5 and 8; then north of the southern border of T41S R12W Sections 7 and 8, T41S R13W Sections 23 and 24 to the intersection with US Highway 101 and then northeast of US Highway 101 to the intersection with T41S R13W Section 10 and then north of T41S R13W Sections 8, 9, and 10; then east of the western border of the Pacific Coastline;

(c) Any country, state, county, province or area covered by the federal interim rule, 7 CFR 301.92, Phytophthora ramorum; quarantine and regulations;

(d) Any property in Oregon where P. ramorum is found, including a buffer zone of up to three (3) miles surrounding the infected site during any eradication program.

(3) The following definitions apply to ORS 603-052-1230:

(a) “Hosts and associated plants” means plants on the USDA APHIS List of Regulated Hosts and Plants Associated with Phytophthora ramorum, last revised February 22, 2010. (NOTE: This list is available from the Oregon Department of Agriculture, 635 Capitol St. NE, Salem, OR 97301, telephone 503-986-4644);

(b) “Nursery stock” is defined in ORS 571.005. Tissue culture plantlets in sealed, sterile containers are exempt from this regulation.

(4) Commodities regulated:

(a) All plants and plant parts of hosts and associated plants: Examples of regulated commodities include all above ground portions of the plants including, but not limited to nursery stock, logs, bark, wood chips, mulch, firewood, sawdust, green waste, other plant products that may contain bark or foliage;

(b) Any other plant found to be naturally infected with P. ramorum, any product or article that an official inspector determines to present a risk of spreading P. ramorum. All life stages of P. ramorum.

(5) Provisions of the quarantine: Regulated commodities originating from the area under quarantine, and any other area found to be infested with P. ramorum during the life of this quarantine, are prohibited unless one of the following requirements has been met:

(a) All regulated commodities must be kiln-dried or heat-treated to 60ºC (140ºF) for one (1) hour measured at the core prior to shipment. Treatments must be officially verified. The official certificate must include the following additional declaration “The (type of covered commodity) from (name of county or other location identifier) has been treated for Phytophthora ramorum as required prior to shipment.” The length and temperature of the treatment must be recorded on the official certificate;

(b) Nursery stock grown in a quarantined county or area may be eligible for shipment to and within Oregon providing the nursery is part of an official certification program and has been inspected and tested as required by the federal interim rule, 7 CFR 301.92, for P. ramorum. The official certificate must include the following additional declaration: “The (covered commodity) from (name of county or other location identifier) has met the Phytophthora ramorum quarantine requirements for shipment into and within Oregon.

“NOTE: Recipients of tree and shrub nursery stock imported into the state must notify the ODA no later than two business days after its arrival as required by OAR 603-054-0027.

(c) Soil and potting media from the quarantine area at a known infected site or from within five (5) meters of an infected host plant must be sterilized before shipment. The soil or potting media must reach a minimum temperature of 60ºC (140ºF) for one (1) hour measured at the center of the mass of soil or potting media. Soil or potting media that has never been associated with the covered commodities is exempt. Treatments must be officially verified. The official certificate must include the following additional declaration “The (soil or potting media) from (name of county or other location identifier) has been treated for Phytophthora ramorum as required prior to shipment.” The length and temperature of the treatment must be recorded on the official certificate.

(6) Infected properties in Oregon: Confirmation of a P. ramorum infection must be made by the ODA or an official cooperator. The disease must be eradicated from the property as quickly as possible in accordance with USDA APHIS’s Official Regulatory Protocol for Phytophthora ramorum Detections in Residential or Landscaped Commercial Settings, last revised September 1, 2009 or the Phytophthora ramorum APHIS Response Protocol for Forest and Wildland Environments Version 1.0, updated November 21, 2008.

(NOTE: These protocols are available from the Oregon Department of Agriculture, 635 Capitol St. NE, Salem, OR 97301, telephone 503-986-4644.) Affected property owners will be issued infection location and eradication requirements in the form of an Administrative Directive. For public and private forested lands, the Oregon Departments of Agriculture (ODA) and Forestry (ODF) will work with the landowner to develop an eradication plan that will be based on the best available science. The program may include some or all of the following activities: cutting and piling susceptible trees and shrubs, burning the wood and plant debris when safe to do so, herbicide treatment of stumps and sprouts, fungicide spraying, sampling and monitoring.

(7) Infected nurseries in Oregon: Confirmation of a P. ramorum infection must be made by the ODA or an official cooperator. Nurseries are required to eradicate the disease as quickly as possible in accordance with USDA APHIS’s Official Regulatory Protocol for Wholesale and Production Nurseries Containing Plants Infected with Phytophthora ramorum Version 8.0, updated October 28, 2008, or the Official Regulatory Protocol for Retail Nurseries Containing Plants Infected with Phytophthora ramorum Version 1.0, modified August 12, 2009, will be implemented immediately.

(NOTE: These protocols are available from the Oregon Department of Agriculture, 635 Capitol St. NE, Salem, OR 97301, telephone 503-986-4644.). The ODA will work with the nursery owner to implement an eradication and monitoring program utilizing protocols prescribed by USDA APHIS.

(8) Special permits: The Department, upon receipt of an application in writing, may issue a special permit allowing movement into this state, or movement within this state, of regulated commodities not otherwise eligible for movement under the provisions of this quarantine order. Movement of such commodities will be subject to any conditions or restrictions stipulated in the permit, and these conditions and restrictions may vary depending upon the intended use of the commodity and the potential risk of escape or spread of P. ramorum.

(9) Violation of quarantine: Violation of this quarantine may result in a fine, if convicted, of not less than $500 no more than $5,000, as provided by ORS 561.990. In addition, violators will be subject to civil penalties of up to $10,000 as provided by ORS 561.995. Commodities shipped in violation of this quarantine may be treated, destroyed or returned to their point of origin without expense or indemnity paid by the state.

Stat. Auth.: ORS 561.190 & 561.560

Stats. Implemented: ORS 561.560

Hist.: DOA 1-2001(Temp), f. & cert. ef. 1-5-01 thru 4-4-01, DOA 5-2001, f. & cert. ef. 3-27-01; DOA 1-2005, f. & cert. ef. 1-24-05; DOA 4-2006, f. & cert. ef. 3-10-06; DOA 7-2007, f. & cert. ef. 3-27-07; DOA 5-2008, f. & cert. ef. 1-16-08; DOA 5-2009, f. & cert. ef. 4-9-09; DOA 21-2010, f. & cert. ef. 12-17-10

603-052-1250

Phytophthora ramorum Regulated Area for Nursery Stock

(1) A regulated area is established as authorized under ORS 570.305, 571.015 and 571.145, to protect Oregon from introduction of Phytophthora ramorum (sudden oak death, ramorum canker and blight). This pathogen causes leaf blight, dieback or death in certain trees and shrubs including tanoak, rhododendron, viburnum and camellia. Susceptible plants include species important to Oregon’s native forests, horticultural landscapes and nursery industry.

(2) This regulated area includes the entire state of Oregon.

(3) The following definitions apply to OAR 603-052-1250:

(a) “Hosts and associated plants” means plants on the USDA APHIS’s List of Regulated Hosts and Plants Associated with Phytophthora ramorum, last revised February 22, 2010. (NOTE: This list is available from the Oregon Department of Agriculture, 635 Capitol St. NE, Salem, OR 97301, telephone 503-986-4644;)

(b) “Grower” and “nursery stock” are defined in ORS 571.005;

(c) Tissue culture plantlets in sealed, sterile containers are exempt from this regulation. Also exempt are: acorns and seeds; turf or sod; bulbs; tubers, corms or rhizomes (except those species listed as hosts or associated plants); greenhouse grown cactus, succulents and orchids; aquarium grown aquatic plants; and greenhouse, container or field grown palms and cycads.

(4) All growers of host and associated plants in the regulated area shall enter into compliance agreements with the department and/or USDA, APHIS as described in section (6). Before growers can enter into a compliance agreement they must be inspected, tested and certified free of P. ramorum, as described in sections (5) or (7).

(5) Growers in the certification program shall be inspected and tested for P. ramorum in accordance with federal interim rule, 7 CFR 301.92.

(NOTE: This interim rule is available from the Oregon Department of Agriculture, 635 Capitol St. NE, Salem, OR 97301, telephone 503-986-4644.) Inspection and sampling procedures will meet or exceed USDA standards for nurseries in regulated and quarantine areas. The department, using federally approved laboratory protocols, will test the samples.

(6) Growers who enter compliance agreements will be required to:

(a) Comply with OAR 603-054-0027 that requires all recipients of shipments of tree and shrub nursery stock imported from out-of-state, to notify the department within two business days of arrival of the shipment;

(b) Purchase hosts and associated hosts only from certified sources when such purchases originate in a Federally quarantined or regulated areas where official P. ramorum certification programs acceptable to the department exist;

(c) Have an official inspector inspect and test for P. ramorum, hosts and associated hosts purchased from sources in Federally quarantined or regulated areas where no official certification program exists; these plants must be safeguarded, segregated and held off sale until test results are complete;

(d) Maintain records of all incoming and outgoing shipments of hosts and associated hosts for a minimum of 24 months;

(e) Include appropriate Federal or State certification with all host nursery stock and associated plants shipped interstate.

(7) Alternately, such nurseries may be inspected, sampled and tested through an official “State Nursery Stock Cleanliness Program” (SNSCP), which documents inspection of all nursery stock for the presence of P. ramorum, at the appropriate time of year. The SNSCP inspection, sampling, and testing program must be approved by USDA, APHIS. Until testing is completed and the nursery is found free of evidence of P. ramorum the following plants must be withheld from interstate shipment:

(a) All host nursery stock and associated plants;

(b) All plants within the same genus as any host or associated plant; and

(c) Any plants located within 10 meters of a host or associated plant.

(8) Failure to comply with all articles of a compliance agreement will result in revocation of the compliance agreement and decertification.

(9) Growers of nursery stock that is not on the list of hosts and associated plants must be inspected annually for any evidence of P. ramorum. Plants showing symptoms of P. ramorum infection upon inspection will be sampled and tested. If symptomatic plants are found upon inspection, the following plants must be withheld from interstate shipment until testing is completed and the nursery is found free of evidence of P. ramorum:

(a) All symptomatic plants;

(b) Any plants located in the same lot as the suspect plant; and

(c) Any plants located within 2 meters of this lot of plants.

(10) A list of growers compliant with these rules will be maintained on the department’s web site. The department will update the list as necessary to maintain an accurate accounting of growers participating in the program.

(11) If P. ramorum is officially confirmed within a nursery, delimitation and eradication procedures as outlined in USDA APHIS’s Official Regulatory Protocol for Wholesale and Production Nurseries Containing Plants Infected with Phytophthora ramorum Version 8.0, updated October 28, 2008, or the Official Regulatory Protocol for Retail Nurseries Containing Plants Infected with Phytophthora ramorum Version 1.0, modified August 12, 2009, will be implemented immediately.

(NOTE: These protocols are available from the Oregon Department of Agriculture, 635 Capitol St. NE, Salem, OR 97301, telephone 503-986-4644.) Hosts and associated hosts shall not be moved from the nursery/growing site until all conditions of the protocol are met and the department releases the plants.

(12) Violators of this regulated area are subject to the penalties provided by ORS 570.410 and 570.990 and 570.995, including civil penalties up to $10,000.

Stat. Auth.: ORS 561.510 & 570.305

Stats. Implemented: ORS 561.190

Hist.: DOA 13-2005, f. & cert. ef. 3-25-05; DOA 4-2006, f. & cert. ef. 3-10-06; DOA 7-2007, f. & cert. ef. 3-27-07; DOA 5-2008, f. & cert. ef. 1-16-08; DOA 5-2009, f. & cert. ef. 4-9-09; DOA 21-2010, f. & cert. ef. 12-17-10

Rule Caption: Clarifies general import requirements for livestock.

Adm. Order No.: DOA 1-2011

Filed with Sec. of State: 1-6-2011

Certified to be Effective: 1-6-11

Notice Publication Date: 9-1-2010

Rules Amended: 603-011-0255

Subject: The Oregon Department of Agriculture , Animal Health Division has the responsibility to protect the livestock of this state from disease. The proposed changes will clarify the general requirements for importing livestock into Oregon. The proposed language does not alter the intent of the rule. The proposed amendments will also bring the rule up to date with other states and other countries.

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

603-011-0255

Importation of Animals Into Oregon; General Provisions

(1) No livestock that are affected with or that have been known to be exposed to any infectious, contagious, or communicable disease, shall be shipped or in any manner moved or transported into Oregon except as authorized in following sections.

(2) Except as otherwise provided in this rule, all livestock transported or moved in any manner into Oregon are required to obtain an import permit from the Department before entry. The permit number shall be recorded on the grazing permit or Certificate of Veterinary Inspection document, and be in the possession of the driver of the vehicle or person in charge of the animals.

(3)(a) At the time an import permit is requested, the Department may require that a Certificate of Veterinary Inspection or Grazing Permit be obtained at the point of origin and shall accompany the applicable livestock into Oregon.

(b) The State Veterinarian may allow any livestock import requirements to be completed at the first point of destination within this state, on a case-by case basis, if it is determined by the State Veterinarian, that such action will not create a disease hazard to the livestock of this state;

(4) No livestock may be imported into Oregon that are specifically prohibited from interstate movement by the U.S. Department of Agriculture.

(5) The following are exempted from the requirement to obtain an Oregon import permit:

(a) Animals being moved or transported directly (without diversion) to a licensed Oregon slaughtering establishment. Animals consigned for slaughter and received in such slaughtering establishments may not be released from such establishments except by special permission from the State Veterinarian;

(b) Livestock originating in other states and shipped to a state-federal approved livestock auction market in Oregon. Such livestock shall be required to comply with all other applicable administrative rules for import into Oregon;

(c) Livestock being transported through the state without interruption, other than stops for feed, water and rest;

(d) Any resident animal leaving and returning to Oregon within 30 days; and

(e) Dogs, cats, reptiles, and non-poultry birds traveling interstate.

(6) Requirements for the exhibition of livestock shall comply with the directives of the Department for that specific exhibit.

(7)(a) Canadian cattle imported into Oregon must be born after 1999, individually identified by an official Canadian ear tag, applied before the animal’s arrival at the port of entry into the United States, that is traceable to the premises of Canadian origin of the animal and be listed on the Certificate of Veterinary Inspection.

(b) Canadian cattle imported into Oregon must have a hot iron brand of C/\N properly applied and easily visible on the live animal and on the carcass before skinning. The C/\N brand must be not less than 2 inches nor more than 4 inches high, and must be applied to each animal’s right hip, high on the tail-head (over the junction of the sacral and first cocygeal vertebrae).

(8) Livestock being transported or moved, in any manner, into Oregon without an import permit and a Certificate of Veterinary Inspection or grazing permit, when required, shall be held in quarantine at the owner’s risk and expense until released by the Department. This section shall not be construed as a waiver of enforcing the provisions of ORS 596.990 for violation of regulations relating to importation of livestock.

Stat. Auth.: ORS 561 & 596

Stats. Implemented: ORS 596.341

Hist.: AD 890(20-68), f. 10-28-68, ef. 11-1-68; AD 1047(37-74), f. 9-20-74, ef. 10-11-74; AD 9-1977, f. & ef. 4-6-77; AD 7-1981, f. & ef. 5-13-81; AD 3-1984, f. & ef. 1-20-84; DOA 1-2000, f. & cert. ef. 1-4-00; DOA 18-2007(Temp), f. 11-9-07, cert. ef. 11-15-07 thru 5-10-08; Administrative correction 5-20-08; DOA 17-2008, f. & cert. ef. 7-15-08; DOA 1-2011, f. & cert. ef. 1-6-11

Rule Caption: Clarify import requirements for sheep and goats.

Adm. Order No.: DOA 2-2011

Filed with Sec. of State: 1-6-2011

Certified to be Effective: 1-6-11

Notice Publication Date: 9-1-2010

Rules Amended: 603-011-0340

Rules Repealed: 603-011-0365

Subject: The Oregon Department of Agriculture, Animal Health Division has the responsibility to protect the livestock of this state from disease. The proposed changes combine two rules and clarify the requirements for importing sheep and goats into Oregon. The proposed language does not alter the intent of the rule. The proposed amendments will also bring the rule up to date with other federal law and other states and countries.

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

603-011-0340

Importation of Sheep and Goats

In addition to the requirements of OAR 603-011-0255, relating to the importation of animals into Oregon, a Certificate of Veterinary Inspection shall be required certifying the animals being imported are free from clinical signs of disease and have no known exposure to scrapie.

(1) All sheep and goats being imported into Oregon shall be individually identified as specified by OAR 603-011-0388.

(2) Exceptions to the requirement for a Certificate of Veterinary Inspection or for any tests required due to disease conditions in state of origin may be made under agreements between the Oregon State Veterinarian and Chief Animal Health Official of reciprocating states.

Stat. Auth.: ORS 561.190, 596.020, 596.392 & 596.412

Stats. Implemented: ORS 596.341

Hist.: AD 890(20-68), f. 10-28-68, ef. 11-1-68; AD 1047(37-74), f. 9-20-74, ef. 10-11-74; AD 3-1984, f. & ef. 1-20-84; AD 5-1993(Temp), f. & cert. ef. 5-26-93; AD 13-1993, f. & cert. ef. 10-6-93; DOA 2-2011, f. & cert. ef. 1-6-11

Rule Caption: Clarify statements describing the intent of the rules.

Adm. Order No.: DOA 3-2011

Filed with Sec. of State: 1-6-2011

Certified to be Effective: 1-6-11

Notice Publication Date: 9-1-2010

Rules Amended: 603-011-0263, 603-011-0264

Subject: The proposed changes will help clarify the subject of the rule. For example, OAR 603-011-0263 describes the requirements for cattle to be allowed to move across the state border, graze for a season and return to Oregon. Under the general heading of “Cattle Grazing Permits”, the description for this rule is “Importation of cattle: Out-of-state grazing”. The proposed change is, “Grazing Permit for Oregon Cattle”. The remaining proposed changes follow a similar logic.

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

603-011-0263

Grazing Permit for Oregon Cattle

(1) For the purpose of this rule and OAR 603-011-0264, “Grazing Permit” means a document issued by the Department at or before the time an identified person moves a specific herd of cattle from this state to a specific location in another state for grazing as a usual part of the person’s ranching operations, which authorizes the re-entry of the same cattle herd to the place of origin in this state within a specified period of time without the need for an additional permit at the time of the re-entry.

(2) In order to qualify for the issuance of a grazing permit, the following conditions shall be met:

(a) The cattle shall be a part of an established breeding herd in this state which had been assembled (other than births in the herd) more than four months prior to the submission of an application for a grazing permit;

(b) The cattle shall have been officially vaccinated against brucellosis if this would be required for entry of the cattle into this state, or officially tested negative for brucellosis, within 30 days prior to the submission of an application for a grazing permit, and if the alternative is testing, shall not have been exposed thereafter to any other cattle known to be infected with brucellosis; and

(c) The out-of-state location for the grazing or feeding of the cattle shall be owned or leased by the owner of the cattle herd, and shall be so situated as to prevent the herd from commingling with other cattle in the area.

(3) An application for a grazing permit shall be on a form prescribed by the Department, shall be submitted to the Department at least 14 days prior to the intended movement of the cattle herd, and shall include:

(a) The name and address of the applicant, and the Oregon location of the cattle herd;

(b) The number, gender, breed, approximate average age, and brand identification (if any) of the cattle in the herd;

(c) The specific location and state to which the cattle herd is to be moved, the description of conditions that are intended to prevent co-mingling of the herd with other cattle, the intended length of time before the herd would be returned to this state; and intended date of movement to the out-of-state location;

(d) The evidence of the official vaccination against brucellosis, or of the official test(s) negative for brucellosis of the cattle herd, including the date(s) thereof; and

(e) The declarations, upon which the department is to rely, stating when the cattle herd had been finally assembled, and stating the reasons the intended movement of the cattle herd should be considered a usual part of the applicant’s ranching operations.

(4) A grazing permit shall expire six months after its date of issuance. Prior to the expiration date, a grazing permit may be revoked or suspended by the Department if it determines that:

(a) Any of the evidence or declarations in the application for a grazing permit has been determined to be false or misleading;

(b) Any of the circumstances or conditions specified in section (2) of this rule has been determined to be non-existent or falsely stated; or

(c) After the cattle herd has been moved to the authorized out-of-state location, the cattle have thereafter been moved to a location other than authorized in the permit, or cattle have been added to or inserted as replacement in the herd, or the cattle in the herd have been allowed to commingle with other cattle.

(5) The grazing permit may be revoked or suspended by personally serving, or mailing by certified mail to, the permittee a written determination and order, which order shall be effective immediately. If the grazing permit is revoked or suspended while the cattle herd is out of state, the cattle shall not be allowed re-entry into this state unless the person having custody of the cattle complies with all of the regular requirements for the importation of cattle into this state.

Stat. Auth.: ORS 561 & 596

Stats. Implemented: ORS 596.341

Hist.: AD 6-1987, f. & ef. 5-5-87; DOA 3-2011, f. & cert. ef. 1-6-11

603-011-0264

Grazing Permit for Cattle From Other States

(1) In lieu of meeting all of the requirements for the issuance of a permit by this Department for the importation of cattle into this state, a person desiring to transport cattle into this state for the purpose of grazing for a limited time period may apply to the Department for recognition of a grazing permit issued to the person by the state in which the cattle are situated. If the Department determines recognition is appropriate, it shall issue a permit for the importation of the cattle into this state.

(2) In order to qualify for recognition of an out-of-state grazing permit, the following conditions shall be met:

(a) The grazing permit must be based upon the same or equivalent conditions and requirements for the issuance of an Oregon grazing permit, as set forth in OAR 603-011-0263;

(b) The grazing permit must have been issued to the person requesting its recognition and apply to the cattle desired to be transported into this state; and

(c) A written agreement must be in effect between this Department and the comparable agency of the state issuing the grazing permit, wherein reciprocal recognition is given to the grazing permits of the respective states and their administrative requirements and conditions for the issuance of the permits.

(3) An application for recognition of an out-of-state grazing permit shall be on a form prescribed by the Department, shall be submitted to the Department at least 14 days prior to the intended movement of the cattle herd, and shall be accompanied by a certified or duplicate-original copy of the out-of-state grazing permit issued to the applicant.

Stat. Auth.: ORS 561 & 596

Stats. Implemented: ORS 596.341

Hist.: AD 6-1987, f. & ef. 5-5-87; DOA 3-2011, f. & cert. ef. 1-6-11

Rule Caption: Amends and updates rule to use modern terms.

Adm. Order No.: DOA 4-2011

Filed with Sec. of State: 1-7-2011

Certified to be Effective: 1-7-11

Notice Publication Date: 10-1-2010

Rules Amended: 603-011-0250

Subject: The Oregon Department of Agriculture, Animal Health Division has the responsibility to protect the livestock of this state from disease. The proposed changes will employ modern terms and correctly describe a transporting document as a Certificate of Veterinary Inspection and require specific location information for imported livestock. The proposed amendments will bring the rule up to date with other states and other countries.

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

603-011-0250

Definitions

As used in ORS 596 and OAR 603-011-0250 to 603-011-0725 the following definitions apply:

(1) “Approved Veterinarian” means a licensed graduate veterinarian accredited by the federal authorities in the state of origin or an authorized veterinarian of the U.S. Government or of the state government of state of origin.

(2) “Dairy Cattle” means cattle of the recognized dairy breeds or crosses of such breeds.

(3) “Beef Cattle” means cattle of the recognized beef breeds or crosses of such breeds and also cattle of mixed dairy and beef breeds.

(4) “Livestock” as used in ORS 596.010, except as provided in ORS 596.615 to 596.681 includes, but is not limited to, horses, mules, jennies, jackasses, cattle, sheep, dogs, hogs, goats, domesticated fowl, psittacines, ratites, domesticated fur-bearing animals, bison, cats, poultry, and any other vertebrate in captivity. Fish are not “livestock”.

(5) “Livestock Auction Market” means an Oregon licensed livestock auction market or stockyard where animal health inspection is continually maintained by the Department and Oregon import requirements for imported livestock may be completed before the animals leave the market.

(6) “Official Test” means any test to determine qualitatively or quantitatively the presence or absence of disease and performed by a laboratory, or by specific personnel, approved by the Chief Livestock Health Official of the state of origin.

(7) “Certificate of Veterinary Inspection” means a legible record complying with the animal health requirements of the State of Oregon, from the state of origin, approved and issued by the Livestock Health Official of that state, or an equivalent form from the U.S. Government, and issued by an approved veterinarian. Such certificates shall be void 30 days after the date of issuance. The form shall contain, in addition to such information as may be hereinafter required for a particular species of livestock the following information:

(a) Complete name and address of consignor and consignee;

(b) Physical address of both the origin and destination location of the livestock in of the shipment;

(c) The date of issuance;

(d) A description or identification of the livestock to be shipped, including the age, sex, breed, brands, or marks, tags, or official identification devices;

(e) Visible signs of clinical disease in the livestock being shipped;

(f) Results and dates of required tests and vaccinations.

(8) “Import Permit” means an authorization in writing, or by facsimile or telephone from the Department, permitting the doing of the acts recited therein. All import permits shall be void 15 days after date of issuance, unless specified otherwise at time of issuance. Request for an import permit shall set forth the following information:

(a) Number and kind of livestock;

(b) Complete name and address of consignor, and physical address of origin of shipment, if different from consignor address;

(c) Proposed date of shipment;

(d) Complete name and address of consignee and physical address of destination location of livestock in the shipment;

(e) Intended purpose of shipment.

(9) “Person” means partnerships, individuals, corporations, or associations.

(10) “Poultry” includes, but is not limited to, chickens, turkeys, waterfowl, pheasants, quail, partridges, grouse, guineas, and peafowl of all ages and their hatching eggs. Other avian species includes all birds not defined as poultry whether to be held in captivity or released from captivity.

(11) “Quarantined Herd or Area” means a herd or area, county, or state quarantined by either the U.S. Department of Agriculture or by a state for any reason.

(12) “Slaughtering Establishment” means an establishment as defined in OAR 603-012-0001.

Stat. Auth.: ORS 561 & 596

Stats. Implemented: ORS 596.341

Hist.: AD 890(20-68), f. 10-28-68, ef. 11-1-68; AD 1074(37-74), f. 9-20-74, ef. 10-11-74; AD 1-1981, f. & ef. 1-9-81; AD 3-1984, f. & ef. 1-20-84; DOA 2-2002(Temp), f. & cert. ef. 1-18-02 thru 7-4-02; DOA 15-2002, f. & cert. ef. 6-13-02; DOA 4-2011, f. & cert. ef. 1-7-11

Rule Caption: Clarifies import requirements for livestock concerning vesicular stomatitis.

Adm. Order No.: DOA 5-2011

Filed with Sec. of State: 1-7-2011

Certified to be Effective: 1-7-11

Notice Publication Date: 9-1-2010

Rules Amended: 603-011-0256

Subject: The Oregon Department of Agriculture, Animal Health Division has the responsibility to protect the livestock of this state from disease. The proposed changes will clarify the requirements for importing livestock into Oregon from vesicular stomatitis areas. The proposed language does not alter the intent of the rule. The proposed amendments will also bring the rule up to date with other states and other countries.

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

603-011-0256

Importation of Animals; Preventing Vesicular Stomatitis

(1) In addition to the requirements of OAR 603-011-0255 and all other import requirements, animals listed in section (2) of this rule which are shipped from any state or area with confirmed cases of vesicular stomatitis shall not be imported into Oregon unless:

(a) An import permit is obtained from the Department before movement, including animals moving to an approved livestock market in Oregon; and

(b) The animals show no clinical signs of vesicular stomatitis on the day of shipment; and

(c) The animals have not originated from a premises or area under quarantine for vesicular stomatitis; and

(d) A Certificate of Veterinary Inspection issued within 24 hours of movement shall accompany the animals, which states: The animals represented on this Certificate of Veterinary Inspection have not originated from a premises or area under quarantine for vesicular stomatitis.

(2) The following animals are subject to the requirements of section (1) of this rule:

(a) Horses;

(b) Cattle;

(c) Bison;

(d) Sheep;

(e) Goats;

(f) Swine; and

(g) Other susceptible animals associated with the animals listed above.

(3) The Department may require serological testing for vesicular stomatitis of any animal imported into the state. If an animal shows a positive response, the Department may deny entry into Oregon.

(4) The Department may require that any animals originating in or traveling through states where vesicular stomatitis has been confirmed be quarantined on the premises of destination for a minimum of 21 days. The Department may also require that a representative of the Department inspect quarantined animals before release of quarantine.

(5) The Department may deny entry into the state of any animal that has been vaccinated with vesicular stomatitis vaccine.

(6) The Department may require the inspection of individual animals at any gathering, including fairs, shows, rodeos, sales, auctions, and similar events, if the Department has reason to believe the animals have been exposed to vesicular stomatitis.

(7) If the Department has reason to believe that animals have been exposed to vesicular stomatitis, the Department may require inspection of the animals, the documents associated with the animals and the vehicles used to haul the animals. However, the Department may only inspect that portion of the vehicle associated with the animals.

(8) The Department may remove these requirements from any state, after the last confirmed case in that state is released from quarantine and when the decision is supported by consultation with the Oregon United States Department of Agriculture Area Veterinarian in Charge and epidemiological investigation.

Stat. Auth.: ORS 183.335(5), 561.190, 561.192, 561.605, 596.020(1)(a)(b), 596.341, 596.351, 596.392 & 604.046(4)

Stats. Implemented: ORS 596.020, 596.341, 596.351, 596.392 & 604.046(4)

Hist.: AD 14-1995(Temp), f. & cert. ef. 7-27-95; AD 17-1995, f. & cert. ef. 12-14-95; DOA 5-2011, f. & cert. ef. 1-7-11

Rule Caption: Clarify import requirements for livestock concerning scabies.

Adm. Order No.: DOA 6-2011

Filed with Sec. of State: 1-7-2011

Certified to be Effective: 1-7-11

Notice Publication Date: 9-1-2010

Rules Amended: 603-011-0281

Subject: The Oregon Department of Agriculture, Animal Health Division has the responsibility to protect the livestock of this state from disease. The proposed changes will clarify the general requirements for importing livestock into Oregon from scabies areas. The proposed language does not alter the intent of the rule. The proposed amendments will also bring the rule up to date with other states and other countries.

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

603-011-0281

Importation of Cattle; Movement From A Scabies Infection Area

(1) “Scabies” means a contagious skin disease of cattle caused by mites (Acaridae) of the genera Psoroptes, Chorioptes, or Sarcoptes.

(2) “Ivermectin” means a proprietary product authorized and approved by the U.S. Department of Agriculture for the treatment, control or eradication of scabies in cattle.

(3) No person shall ship, trail, drive or otherwise move into Oregon any cattle which have been exposed to scabies infection or are infected with scabies or originate in a scabies quarantined area unless such movement is in compliance with the provisions of the Code of Federal Regulations (9 CFR 73) and the applicable provisions of OAR 603-011-0250 and 603-011-0255.

(4) Cattle or bison moving to Oregon from a scab infected area or state must be treated with Ivermectin or other effective treatment as approved in the Code of Federal Regulations within 10 days before entry;

(5) Treatment of cattle for scabies infection shall be under the direction of a representative of the U.S. Department of Agriculture or the origin state Department of Agriculture.

Stat. Auth.: ORS 561 & 596

Stats. Implemented: ORS 596.341

Hist.: AD 6-1985, f. & ef. 7-17-85; DOA 6-2011, f. & cert. ef. 1-7-11

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, 2010.

2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use