Loading
 

 

Oregon Bulletin

December 1, 2013

Department of Agriculture, Chapter 603

Rule Caption: Amends rule governing the Willamette Valley Protected District to comport with HB 2427 (2013).

Adm. Order No.: DOA 11-2013

Filed with Sec. of State: 10-21-2013

Certified to be Effective: 10-21-13

Notice Publication Date: 9-1-2013

Rules Amended: 603-052-0860, 603-052-0861, 603-052-0862, 603-052-0870, 603-052-0880, 603-052-0882, 603-052-0884, 603-052-0886, 603-052-0888, 603-052-0901, 603-052-0921

Subject: Rapeseed Production District rules were amended to align with Legislative action taken during the 2013 Oregon Legislative Session. This act repealed the rules governing The Willamette Valley Protected District. The Department will rely on the clear legislative directive in HB 2427 for the administration of the Willamette Valley Protected District.

   Other amendments to this rule assured the definition of rapeseed is compatible with the definition of “canola” in HB 2427 (2013 Legislative Session), deleted the link to a pdf file with a map of the former Willamette Valley Protected District, specify the Willamette Valley Protected District governed by HB 2427 (2013 Oregon Laws Chapter 724) rather than the rules of the Oregon Department of Agriculture, and deleted references to rapeseed production contracts.

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

603-052-0860

Rapeseed Control Areas

As provided in ORS 570.405 and 570.450, the Oregon Department of Agriculture may establish control areas for Brassica spp. including rapeseed, for the general protection of the horticultural, agricultural or forest industries of Oregon by excluding from established control areas Brassica spp. or rapeseed plants that if, not managed in accordance with these rules, may be a menace to such areas and generally to horticultural, agricultural or forest industries. The Department may also establish the conditions for the production of Brassica spp. and rapeseed in control areas so as to protect against plant diseases, plant pests or other conditions as may constitute a menace to the horticultural, agricultural or forest industries of Oregon.

Stat. Auth.: ORS 561.190 & 570.450

Stats. Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405, 570.410 - 570.415 & 570.450

Hist.: AD 19-1990, f. & cert. ef. 10-15-90; AD 7-1991(Temp), f. & cert. ef. 7-22-91; AD 19-1991, f. & cert. ef. 12-5-91; DOA 18-2005, f. & cert. ef. 10-28-05; DOA 14-2009, f. & cert. ef. 9-16-09; DOA 3-2010, f. & cert. ef. 1-21-10; DOA 24-2012(Temp), f. & cert. ef. 8-10-12 thru 1-31-13; DOA 1-2013, f. & cert. ef. 2-6-13; DOA 11-2013, f. & cert. ef. 10-21-13

603-052-0861

General Production Area/Protected Districts

The seeding and growing of rapeseed by any person for any purpose in the state of Oregon shall be subject to the regulations of either the general production area or a protected district as described in these rules. The Willamette Valley Protected District as described in HB 2427 (2013) is governed by 2013 Oregon Laws Chapter 724.

Stat. Auth.: ORS 561.190, 561.510–561.600, 570.305, 570.405. 570.410–570.415 & 570.450

Stats. Implemented: ORS 570.405–570.415 & 570.450

Hist.: DOA 1-2013, f. & cert. ef. 2-6-13; DOA 11-2013, f. & cert. ef. 10-21-13

603-052-0862

Definitions

Unless the context requires otherwise, the following terms are defined as indicated:

(1) “Brassica spp.” means any plants in the genus Brassica.

(2) “Cover crop brassica” means any species of brassica that is grown as a cover crop and is not allowed to flower.

(3) “Department” means the department of agriculture of the state of Oregon.

(4) “Director” means the director of the department or the Director’s duly authorized representative.

(5) “Forage brassica” means any species of brassica that is grown for animal/livestock feed and is not allowed to flower.

(6) “Person” means an individual, firm, partnership, corporation, company, society, association, cooperative, two or more persons having a joint or common interest, or any unit or agency of local, state, or federal government.

(7) “Producer” means any person who is the owner, tenant, or operator of land who has an interest in, and is entitled to receive all or any part of the proceeds from the sale of any commodity produced on that land.

(8) “Production Year” means the year in which the rapeseed crop is harvested.

(9) “Rapeseed “ means plants of the species Brassica napus, Brassica rapa, Brassica juncea, or other brassica species grown for the purpose of edible or industrial oil production. Canola is a rapeseed and means any plant of the genus Brassica in which seeds having a high oil content are the primary economically valuable product and that have a high erucic acid content suitable for industrial uses or a low erucic acid content suitable for edible oils.

(10) “Vegetable Brassica spp.” includes crops where the primary use is as a vegetable crop or as seed stock for planting. Species and common names for crops included in this category are Brassica napus (rutabaga, Siberian kale), B. rapa (turnip, turnip rapa, forage turnip, Napa or Chinese cabbage, Chinese flat cabbage, pak choi, pe-tsai, mizuna or mibuna, tendergreen mustard, and broccoli raab), B. juncea (Chinese mustard), B. oleracea (kale, collards, Chinese kale or Chinese broccoli or gai lan or kalian, cauliflower and heading broccoli, cabbage, brussel sprouts, kohl rabi and sprouting broccoli or calabrese) and B. carinata (Ethiopian mustard).

(11) “Field” For the purpose of this rule a field may include one or more contiguous plots of land managed as a single unit. These plots may be separated by an unimproved farm road, ditch or hedgerow.

Stat. Auth.: ORS 561.190, 561.510–561.600, 570.305, 570.405. 570.410–570.415 & 570.450

Stats. Implemented: ORS 570.405–570.415 & 570.450

Hist.: DOA 1-2013, f. & cert. ef. 2-6-13; DOA 11-2013, f. & cert. ef. 10-21-13

603-052-0870

General Production Area

All lands in Oregon outside of protected districts constitute the General Production Area. Rapeseed production in the General Production Area is subject to the following best management practices:

(1) All rapeseed, cover crop brassica, and forage brassica seed stock that trades in commerce in the General Production Area must be accompanied by an official test stating that the untreated seed is free from blackleg (Leptosphaeria maculans); and

(2) All rapeseed, cover crop brassica, and forage brassica seed stock must also be treated prior to planting with a fungicide or treatment method approved for blackleg control.

(3) To prevent buildup of blackleg, blackrot, and other diseases and pests, oilseed or vegetable brassicas may not be grown on the same plot of land more than two years in every five.

(4) Brassica spp. crops grown in the General Production Area but transported into or through protected districts are subject to the transport requirements of the protected district through which the oilseed Brassica is transported.

Stat. Auth.: ORS 561.190 & 570.450

Stats. Implemented: ORS 561.190, 561.510 - 561.600, 570.305, 570.405, 570.410 - 570.415 & 570.450

Hist.: AD 19-1990, f. & cert. ef. 10-15-90; AD 7-1991(Temp), f. & cert. ef. 7-22-91; DOA 18-2005, f. & cert. ef. 10-28-05; DOA 14-2009, f. & cert. ef. 9-16-09; DOA 24-2012(Temp), f. & cert. ef. 8-10-12 thru 1-31-13; DOA 1-2013, f. & cert. ef. 2-6-13; DOA 11-2013, f. & cert. ef. 10-21-13

603-052-0880

Protected Districts; Prohibitions

(1) Production of Brassica spp. seed crops requires special care and isolation. Brassica spp. may be grown within the following protected districts only in accordance with those rules governing each protected district, except that canola grown in the Willamette Valley Protected District as described in HB 2427 (2013) is governed by 2013 Oregon Laws Chapter 724. The following are protected districts:

(a) Willamette Valley Protected District;

(b) Central Oregon Protected District;

(c) Northeast Oregon Protected District;

(d) Malheur/Idaho Protected District.

(2) No person shall violate any provision of those rules governing each protected district.

Stat. Auth.: ORS 561.190, 561.510–561.600, 570.305, 570.405. 570.410–570.415 & 570.450

Stats. Implemented: ORS 570.405–570.415 & 570.450

Hist.: AD 19-1990, f. & cert. ef. 10-15-90; AD 7-1991(Temp), f. & cert. ef. 7-22-91; AD 19-1991, f. & cert. ef. 12-5-91; DOA 18-2005, f. & cert. ef. 10-28-05; DOA 1-2008, f. & cert. ef. 1-7-08; DOA 14-2009, f. & cert. ef. 9-16-09; DOA 3-2010, f. & cert. ef. 1-21-10; DOA 24-2012(Temp), f. & cert. ef. 8-10-12 thru 1-31-13; DOA 1-2013, f. & cert. ef. 2-6-13; DOA 11-2013, f. & cert. ef. 10-21-13

603-052-0882

Willamette Valley Protected District

This Willamette Valley Protected District as described in HB 2427 (2013) is governed by 2013 Oregon Laws Chapter 724.

Stat. Auth.: ORS 561.190, 570.405, 570.412, 570.415 & 570.450

Stats. Implemented: 2013 HB 2427, ORS 570.405, 570.410, 570.412, 570.415 & 570.450

Hist.: DOA 1-2013, f. & cert. ef. 2-6-13; DOA 11-2013, f. & cert. ef. 10-21-13

603-052-0884

Central Oregon Protected District

(1) The following area is designated as the Central Oregon Protected Area: the entire counties of Crook, Deschutes and Jefferson.

(2) Forage and cover crop rapeseed may be grown but shall not be allowed to flower.

(3) Rapeseed seed crops are prohibited in the Central Oregon Protected District except under Research Permit (see 603-052-0901(1)). All rapeseed grown under research permit must meet the following conditions:

(a) Within the Central Oregon Protected District the required isolation distance shall be not less than three miles;

(b) The location of all rapeseed fields must be recorded at the appropriate Oregon State University County Extension Office at least ten days prior to planting;

(c) To prevent buildup of blackleg, blackrot, and other diseases and pests rapeseed may not be grown on the same plot of land of land in two consecutive years and not more than two years in every five years;

(d) Rapeseed seed stock that trades in commerce in the protected district must be accompanied by an official test stating that the untreated seed was free from blackleg (Leptosphaeria maculans); the seed must also be treated (after the official test) prior to planting with a fungicide or treatment method approved for blackleg control;

(e) All planting, harvest, and transportation equipment shall be cleaned to prevent any inadvertant spread of rapeseed from the field;

(f) All unbagged loads of rapeseed transported within the protected district must be in enclosed bins or in containers lined and covered in a manner to prevent seed loss; and

(g) Any volunteer or uncontrolled rapeseed in or around production fields must be prevented from flowering by the producer.

Stat. Auth.: ORS 561.190, 561.510–561.600, 570.305, 570.405. 570.410–570.415 & 570.450

Stats. Implemented: ORS 570.405–570.415 & 570.450

Hist.: DOA 1-2013, f. & cert. ef. 2-6-13; DOA 11-2013, f. & cert. ef. 10-21-13

603-052-0886

Northeast Oregon Protected District

(1) The following area is designated as the Northeast Oregon Protected District: the entire counties of Baker, Union and Wallowa, except the following part of Wallowa County which is designated as a general production area: Township 4N, Range 43E; Township 4N, Range 44E; Township 4N, Range 45E; Township 5N, Range 43E; Township 5N, Range 44E; and Township 5N, Range 45E; and those portions of Township 6N, Range 43E; Township 6N, Range 44E; and Township 6N, Range 45E falling within the State of Oregon.

(2) Forage and cover crop rapeseed may be grown but shall not be allowed to flower.

(3) Rapeseed seed crops are allowed in the Northeast Oregon Protected District subject to the following requirements:

(a) Within the Northeast Oregon Protected District the required isolation distance from any crops with which it could cross pollinate shall be not less than two miles;

(b) The location of all rapeseed fields must be recorded at the appropriate Oregon State University County Extension Office at least ten days prior to planting;

(c) To prevent buildup of blackleg, blackrot, and other diseases and pests rapeseed may not be grown on the same plot of land in two consecutive years and not more than two years in every five years;

(d) Rapeseed seed stock that trades in commerce in the protected district must be accompanied by an official test stating that the untreated seed was free from blackleg (Leptosphaeria maculans). After the official test, the seed must also be treated prior to planting with a fungicide or treatment method approved for blackleg control;

(e) All planting, harvest, and transportation equipment shall be cleaned to prevent any inadvertent spread of rapeseed from the field;

(f) All unbagged loads of rapeseed transported through or within the protected district must be in enclosed bins or in containers lined and covered in a manner to prevent seed loss; and

(g) Any volunteer or uncontrolled rapeseed in or around production fields must be prevented from flowering by the producer.

Stat. Auth.: ORS 561.190, 561.510–561.600, 570.305, 570.405. 570.410–570.415 & 570.450

Stats. Implemented: ORS 570.405–570.415 & 570.450

Hist.: DOA 1-2013, f. & cert. ef. 2-6-13; DOA 11-2013, f. & cert. ef. 10-21-13

603-052-0888

Malheur/Idaho Protected District

(1) The following area is designated as the Malheur/Idaho Protected District: in Malheur County, a 3-mile wide strip of land along the Idaho border from the point where Payette County, Idaho’s northern border intersects Malheur County’s eastern border, south to the point where Highway 95 crosses the Oregon border. This strip of land borders Idaho’s rapeseed production district IV (IDAPA 02.06.13) where rapeseed production is prohibited. The rest of Malheur Co. is a general production area.

(2) Forage and cover crop rapeseed may be grown but shall not be allowed to flower.

(3) Rapeseed seed crops are prohibited in the Malheur/Idaho Protected District.

Stat. Auth.: ORS 561.190, 561.510–561.600, 570.305, 570.405. 570.410–570.415 & 570.450

Stats. Implemented: ORS 570.405–570.415 & 570.450

Hist.: DOA 1-2013, f. & cert. ef. 2-6-13; DOA 11-2013, f. & cert. ef. 10-21-13

603-052-0901

Research, Summary, Changes

(1) Research Permits. The Department may issue research permits in any protected district providing exemptions to the rapeseed control area rules for the purpose of research. Persons requesting a research permit shall petition the Department in writing and include the following:

(a) Research must include the involvement of an accredited university;

(b) All applicable conditions of rapeseed production must be met including pinning of fields;

(c) The Director retains the final authority to approve or deny research permit requests. Any action under a research permit shall be subject to any conditions or restrictions set forth in the permit, and these conditions and restrictions may vary depending on the proposed action and its potential risk.

(2) Summary. The Department will maintain a summary of rapeseed fields produced under a research permit with the Department including locations of acres planted, number of acres planted, dates planted, and contact persons.

(3) Changes to Rapeseed Control Area Rules. Interested persons may petition the Department to amend or repeal these rules, including designation changes creating or removing protected district status, by following the procedures in the Administrative Procedures Act, ORS 183.390.

Stat. Auth.: ORS 561.190, 561.510–561.600, 570.305, 570.405. 570.410–570.415 & 570.450

Stats. Implemented: ORS 570.405–570.415 & 570.450

Hist.: DOA 1-2013, f. & cert. ef. 2-6-13; DOA 11-2013, f. & cert. ef. 10-21-13

603-052-0921

Violations

(1) No person shall violate any control area rule governing the production of rapeseed in Oregon.

(2) Consistent with ORS 561.280 and ORS 570.405 and in addition to any other lawful remedy, the Director may bring an action to enjoin the violation or threatened violation of any provision of ORS 570.405 and ORS 570.450 or its rules. Such action may be filed in the circuit court of Marion County or in the county in which the violation or threatened violation occurs or is about to occur. Consistent with applicable law, the relief requested may include, but is not limited to, an order for summary destruction of any rapeseed crop.

(3) Notice of Noncompliance and Plan of Correction. In addition to, or in lieu of, any action to enjoin enforcement of these rules, the Director may issue a Notice of Noncompliance and Plan of Correction to any person.

(a) A Notice of Noncompliance informs the person to whom the notice is directed of the violation, including a reference to the particular statute or administrative rules involved, and the location of the violation;

(b) A Plan of Correction directs the person to whom the plan of correction is directed to perform those actions necessary to comply with the particular statute or administrative rules involved;

(A) Specifies a reasonable period of time by which compliance is to be achieved not to exceed five (5) calendar days after the notice is received;

(B) May include requirements for the person to whom the plan of correction is directed to report the completion of specific actions;

(c) A Notice of Noncompliance and Plan of Correction is issued by the Director, is an order other than contested case for purposes of judicial review, and must be served personally or by registered or certified mail.

(d) Failure to perform any of the requirements of a Plan of Correction may be considered by the Director as a failure to correct the violation within the period of time set for correction by the Director in the Notice of Noncompliance and Plan of Correction and may result in any lawful enforcement including, but not limited to, those remedies described in subsection (2) of this section.

Stat. Auth.: ORS 561.190, 561.510–561.600, 570.305, 570.405. 570.410–570.415 & 570.450

Stats. Implemented: ORS 570.405–570.415 & 570.450

Hist.: DOA 1-2013, f. & cert. ef. 2-6-13; DOA 11-2013, f. & cert. ef. 10-21-13

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

© 2013 State of Oregon All Rights Reserved​