(1) The Director of Agriculture shall issue a written order declaring a quarantine if the director determines that:

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Terms Used In Oregon Statutes 561.560

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Department: means the State Department of Agriculture. See Oregon Statutes 561.005
  • Director: means the Director of Agriculture. See Oregon Statutes 561.005
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(a) A disease or an infestation has a significantly adverse effect on plants, animals, fowls or bees;

(b) The disease or infestation is not widely prevalent or distributed within this state;

(c) The disease or infestation exists in another state, territory or country or in any locality within this state; and

(d) Following the procedure for declaring a quarantine by rule under ORS § 561.510 would create a serious danger of the disease or infestation spreading within the state during the time required by the procedure.

(2) The written order declaring the quarantine shall prohibit the movement into or within the state of any plants, animals, fowls, bees or articles that are likely to spread the disease or infestation. The director may amend the order as the director considers necessary. The director shall sign the written order and any amendments to the order.

(3) The director shall file all quarantine orders and amendments to the orders with the Secretary of State. The director shall give notice of the quarantine orders and amendments to the orders by publication in a newspaper of general circulation in the quarantine area and by one or more additional methods that reasonably ensure that affected persons and other members of the public have knowledge of the quarantine order or amendment. A quarantine order or amendment to an order is effective upon filing with the Secretary of State. A person may not carry, move or transport any plants, animals, fowls, bees or articles specified in a quarantine order or amendment from the quarantined area into or through any part of the state, except as provided in the order or amendment. The State Department of Agriculture shall keep a record of the methods used to provide notice under this subsection for each quarantine order or amendment to an order.

(4) A quarantine created by a written order issued under this section may not remain in effect more than 180 days after the first publication of notice under subsection (3) of this section. However, a quarantine for a longer period may be declared under ORS § 561.510, to take effect at or before the expiration of the 180-day period.

(5) The Governor by filing an order with the Secretary of State may terminate a quarantine ordered by the director under this section. If the Governor terminates a quarantine under this subsection, the director must obtain the approval of the Governor before issuing any additional quarantine order or amendments under this section for the same disease or infestation. [Amended by 1969 c.150 § 1; 1971 c.734 § 85; 2009 c.98 § 19; 2015 c.203 § 1]

 

[Renumbered 561.810]