569.185 State Department of Agriculture authority; rules; integrated weed management approach

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

569.185 State Department of Agriculture authority; rules; integrated weed management approach. The State Department of Agriculture shall administer and enforce ORS 569.175 to 569.195. The department may:

(1)Adopt rules to carry out ORS 569.175 to 569.195. In adopting the rules the department shall consider:

(a)The effect on the immediate environment of the use of chemical, biological or other means for control or eradication; and

(b)The overall benefit to be derived compared to the costs to be incurred.

(2)Implement an integrated weed management approach that focuses on the prevention of noxious weeds through:

(a)A combination of techniques that may include, but need not be limited to, the use of:

(A)Surveillance and monitoring;

(B)Early detection;

(C)Eradication or other rapid response techniques;

(D)Mechanical control;

(E)The selective use of pesticides;

(F)Cultural practices;

(G)Modified land management; and

(H)Biological controls; and

(b)Control practices selected and applied to achieve desired weed management objectives in a manner that minimizes risks to human health, non-target organisms, native fish and wildlife habitat, watersheds and the environment.

(3)Cooperate with Oregon State University or any other person in the administration and enforcement of ORS 569.175 to 569.195.

(4)Collect, publish, disseminate and furnish information, statistics and advice concerning the research, experimentation, control and eradication of noxious weeds and the land management and cultural practices recommended for such control and eradication.

(5)Notwithstanding any provisions of ORS 279.835 to 279.855 and 561.240 and ORS chapters 279A, 279B and 279C to the contrary, enter into contracts with Oregon State University or any other person for the purpose of research, experimentation, control or eradication of noxious weeds, to receive and expend funds pursuant to such contracts and to employ or authorize personnel to act on behalf of the department.

(6)Rear, propagate and release biological control agents approved by the United States Department of Agriculture, including insects or disease organisms, and to construct, purchase, maintain and operate facilities and equipment for such purpose.

(7)Control, or direct control of, predators and diseases of biological control agents, and to limit or prohibit the movement or use of pesticides or other agriculture chemicals that reasonably could damage or injure such biological control agents.

(8)Purchase, use and apply chemical control agents, including pesticides, and purchase, maintain and operate any application equipment for such purpose.

(9)Regulate, restrict or prohibit the movement or sale of hay, straw, seed, other agricultural crops or residues thereof, that are found to contain noxious weeds or seeds or propagules of noxious weeds.

(10)Limit or prohibit the collection or taking of any biological control agents from public or private lands within this state.

(11)Develop appropriate measures for the control or eradication of noxious weeds on any lands in this state.

(12)Have access to all lands within this state to carry out ORS 569.175 to 569.195, including survey, control and eradication activities and the establishment of quarantines.

(13)Request any person owning or controlling land within this state to control, prevent the spread of or, when feasible, eradicate noxious weeds, and to supervise such activities.

(14)If abatement procedures are required of a landowner, recommend that the landowner and the department jointly develop a management strategy or plan that describes a course of action to address the abatement requirement.

(15)To the extent funds are available for such purpose, employ or use personnel of other agencies of this state, including but not limited to persons acting under work-release, rehabilitation or youth programs or persons employed and paid from funds received under federal or state programs intended primarily to alleviate unemployment or to advance research.

(16)Establish advisory committees to assist the department and the State Weed Board in carrying out ORS 569.175 to 569.195. [Formerly 452.620; 2011 c.9 §76]