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Chapter 452 Vector and Weed Control

2001 EDITION

DEFINITIONS

452.010 Definitions for ORS 452.020 to 452.300. As used in ORS 452.020 to 452.300, unless the context requires otherwise:

(1) "Board" means the board of trustees of a vector control district.

(2) "County court" includes board of county commissioners.

(3) "District" means a vector control district established for the control of public health vectors and predatory animals.

(4) "Health officer" means the health officer appointed under ORS 431.418.

(5) "Predatory animals" has the meaning given that term in ORS 610.002.

(6) "Public health vectors" means arthropods and vertebrates of public health significance and those insects included within the family Chironomidae of the order Diptera. The term does not include any domesticated animal. [Amended by 1959 c.600 1; 1961 c.610 17; 1981 c.640 8; 1987 c.298 1]

VECTOR CONTROL DISTRICTS

452.020 Formation of district. One or more districts may be formed in any county. The entire county may be included within a district or any portion of the entire county may be included. The district may include all or part of any incorporated cities in the county. [Amended by 1959 c.600 2]

452.030 [Repealed by 1971 c.727 203]

452.040 [Repealed by 1971 c.727 203]

452.050 [Amended by 1959 c.600 3; repealed by 1971 c.727 203]

452.060 [Repealed by 1959 c.600 4]

452.061 [1959 c.600 3a; repealed by 1971 c.727 191]

452.070 Substantial compliance suffices. No defect in the contents of the petition or notice or proceedings shall vitiate the validity of the proceedings, if the petition contains a sufficient number of qualified signatures and describes the territory proposed as a district with reasonable certainty and the published notice describes the territory and states the date and place of the hearing.

452.075 [1963 c.255 2; repealed by 1971 c.727 203]

452.080 Board of trustees. (1) After an order is entered forming a district, the county court of the county in which the district is situated shall forthwith appoint a governing board of five trustees each of whom shall be a resident and elector of the district.

(2) The trustees shall hold office for four years and until their successors are appointed and qualified, except that for each new board of five trustees one member shall be appointed for a term of one year, one for a term of two years, one for a term of three years and two for a term of four years.

(3) Each trustee shall take an oath to faithfully perform the duties of office. The oath shall be filed with the county clerk.

(4) The board of trustees shall elect a president, a secretary and a treasurer at the first meeting of each calendar year. Officers shall serve for one calendar year.

(5) All health officers with offices in the district shall be ex officio members of the board without vote. [Amended by 1959 c.600 5; 1967 c.215 1; 1969 c.345 10; 1971 c.403 8; 1971 c.727 136]

452.090 Filling vacancies; removal. (1) A vacancy in an office of district trustee shall be filled by appointment by the county court. The appointee shall serve the balance of the unexpired term.

(2) The county court may remove any district trustee from office for cause. [Amended by 1969 c.669 11]

452.100 Meetings of board. (1) The board of trustees shall provide for the time and place of holding and the manner of calling its meetings, and may establish rules for the proceedings.

(2) All sessions of the board shall be held within the district.

(3) In all cases a majority of the appointed members of the board shall constitute a quorum for the transaction of business. At any meeting the decision of a majority of the trustees present and voting shall be valid as a corporate act.

452.110 Powers of the board; contracts. The board of trustees of a control district may:

(1) Take all necessary and proper steps and measures for the eradication of public health vectors within the district and for the control of predatory animals within the district. Prior to taking such measures the board shall consider technical information available to it for the purpose of determining the need for control measures and the need for specific actions.

(2) Take all necessary and proper steps and measures for the eradication of rats within the district when the board determines that rats exist in such numbers as to be detrimental to human health and well-being. Prior to taking such measures the board shall consider technical information available to it for the purpose of determining the need for control measures and the need for specific actions.

(3) Enter upon any land, public or private, within the district at any reasonable time to inspect for or to control rats or public health vectors and their breeding places.

(4) Purchase all needed equipment, supplies and materials.

(5) Employ such labor and service as may be proper or necessary in the furtherance of the objects of ORS 452.020 to 452.170.

(6) Employ labor and services and fix the compensation and prescribe the duties of all employees, agents and servants.

(7) Acquire by gift or purchase, hold, manage and dispose of real and personal property in the name of the district in the furtherance of the purposes for which the district is established.

(8) Work cooperatively with irrigation and drainage districts, municipal corporations or other public agencies, and use funds of the district to assist those agencies in the construction, improvement, repair and maintenance of ditches when such work is necessary for, or incident to, the prevention and control of rats, predatory animals or public health vectors.

(9) Enter into a contract with a city, county, district described in ORS 198.010 or person to perform, or to act jointly or in cooperation with the city, county, district or person in performing, any abatement practice or other activity that the vector control district is authorized to perform for the eradication, control and prevention of public health vectors or predatory animals.

(10) Generally do all things necessary or incident to the powers granted and to carry out the objects specified in this section. [Amended by 1959 c.600 6; 1981 c.640 1; 1983 c.207 1; 1987 c.298 2]

452.120 Duties of county court. The county court shall:

(1) Call special meetings of the board of the district for the purposes of investigation and supervision of its affairs. At least one meeting shall be called annually for the purpose of reviewing the activities of the district.

(2) Hold hearings of complaints of other interested persons.

(3) Require the board to furnish by February 1 of each year a proposed annual work program which shall include an estimate of funds required for the next year and a description of the work contemplated and the methods to be employed by the district.

(4) Approve, after consultation with the health officers, the annual work program of the district before any work contracts or operations are entered into by the board.

(5) Require the board to furnish by February 1 of each year an annual report covering moneys expended, methods employed and work accomplished during the past fiscal year. [Amended by 1959 c.600 7; 1981 c.640 9]

452.130 District to pay for expenses of control; exception. All work performed under ORS 452.110 shall be paid for by the control district, except when a contract authorized under ORS 452.110 (9) provides otherwise. [Amended by 1983 c.207 2]

452.140 Destroying vectors by spreading chemicals; consent of State Fish and Wildlife Commission needed. The board of trustees of a district:

(1) Shall not apply insecticides or oil or other chemicals to waters in the district which are frequented by waterfowl or which contain any game fish without first obtaining the approval of the State Fish and Wildlife Commission.

(2) Shall not spread poisons for rats or public health vectors without first obtaining approval of the State Fish and Wildlife Commission. [Amended by 1959 c.600 8; 1981 c.640 2]

452.145 Limitation on predatory animal control. Notwithstanding ORS 452.110:

(1) A vector control district shall not exercise the authority granted by ORS 452.110 relating to the control or eradication of predatory animals unless the electors of the district approve a proposition referred to them by the district board that authorizes the district to assume the function of predatory animal control and eradication.

(2) When authorized to assume the function of predatory animal control and eradication by the electors of the district, a vector control district shall conduct its activities for the control and eradication of predatory animals in accordance with the provisions of ORS chapter 610.

(3) Officers and employees of a vector control district shall not enter upon any private land to inspect for or to control predatory animals unless the owner of the land first grants permission for such entry. [1987 c.298 4]

452.150 [Repealed by 1959 c.600 9 (452.151 enacted in lieu of 452.150)]

452.151 Technical advice. The board may request technical advice and information from the Oregon State University Agricultural Experiment Station and the Department of Human Services regarding methods and chemicals to be used in the control and extermination of rats and public health vectors. [1959 c.600 10 (enacted in lieu of 452.150); 1981 c.640 3; 2001 c.104 189]

452.153 Budget; taxing authority; rate limitation. (1) The board of trustees of any district, annually as provided in this section, may levy a tax on all the property in the district to provide moneys for all purposes required under ORS 452.020 to 452.170 during the next succeeding fiscal year. However, the taxes levied under this section may not exceed two-tenths of one percent (.002) of the real market value of all taxable property within the district, computed in accordance with ORS 308.207.

(2) Each year, immediately after necessary records are made, the county assessor of the county in which the district is situated shall transmit to the board of trustees a statement in writing, showing the total value of all property within the district as ascertained for that year from the assessment rolls of the county.

(3) The board of trustees shall prepare a budget in the form, manner and time prescribed in the Local Budget Law and in accordance therewith fix the amount of money to be raised by taxation for carrying out its functions and activities. In the manner and time prescribed by law, the board shall transmit to the county assessor a statement of taxes that are to be collected. Assessment and collection of taxes levied on property within the district shall be made by the county officers charged with assessment and collection of other property taxes in the county in which the district is situated. [1965 c.609 2; 1967 c.205 1; 1973 c.256 1; 1981 c.640 10; 1991 c.459 407]

452.157 Collection of levy under ORS 452.153; deposit; disbursement; levy as lien. (1) Taxes levied under ORS 452.153 shall be collected at the same time and in the same manner as county taxes are collected and, when collected, shall be paid to the county treasurer and deposited, at the discretion of the board, either with the county treasurer of the county in accordance with subsection (3) of this section or in one or more banks or savings and loan associations designated by the board. Funds deposited in a bank or savings and loan association shall be withdrawn or paid out only upon proper order and warrant or check signed by the treasurer of the board and countersigned by the president of the board.

(2) Taxes levied under ORS 452.153 shall be a lien upon the property against which they are levied and shall be of the same force and effect as other liens for taxes. Their collection shall be enforced by the same means as provided for the enforcement of liens for county property taxes.

(3) District funds deposited with the county treasurer shall be deposited in a separate fund to the credit of the district. The county treasurer shall disburse the moneys upon the warrant of the district signed by the president of the board and countersigned by the treasurer of the board.

(4) The board may by resolution designate a treasurer pro tempore or a president pro tempore who may sign warrants or checks on behalf of the treasurer of the board and president of the board respectively. [1965 c.609 3; 1981 c.640 11]

452.158 Filing boundary change with county assessor and Department of Revenue. For purposes of ad valorem taxation, a boundary change must be filed in final approved form with the county assessor and the Department of Revenue as provided in ORS 308.225. [2001 c.138 36]

Note: 452.158 was added to and made a part of 452.020 to 452.300 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

452.160 Budget estimates; rate limitation; levy; deposit and disbursement; levy as supplement to levy under ORS 452.153. (1) In addition to or in lieu of the tax levy provided for by ORS 452.153, the board of trustees of any district may, at the times and in the manner provided by law for public corporations, furnish to the county court and county accountant an estimate and statement, made pursuant to the budget laws of the state, of the amount of money necessary for all purposes required under ORS 452.020 to 452.170 during the next ensuing fiscal year. The county court may include the amount of the estimate so made, or any portion thereof, in the annual budget of the county. However, in no one year shall the amount be greater than enough to raise the amount determined by the board of trustees and approved by the county court and the health officers on the board. The amount budgeted, when added to any taxes levied under ORS 452.153, shall not exceed two-tenths of one percent (.002) of the real market value of all taxable property within the district, computed in accordance with ORS 308.207.

(2) The county court, thereafter at the time and in the manner of levying taxes for state and county purposes, may levy a tax on all the taxable property in the district sufficient to raise the amount of the estimate made by the board of trustees of the district.

(3) All taxes levied under this section shall be computed and entered on the assessment and tax rolls of the county and collected at the same time and in the same manner as state and county taxes. When collected, the taxes shall be paid into the county treasury for the use of the district. Such funds may be withdrawn only upon warrants issued by the proper authorities of the district. [Amended by 1959 c.600 11; 1963 c.9 28; 1965 c.609 5; 1981 c.640 12; 1983 c.310 20; 1991 c.459 408]

452.170 Deposit and disbursement of moneys collected. All money received from taxes collected for the use of any control district under ORS 452.160 shall be paid to the county treasurer of the county in which the district is situated. The county treasurer shall keep the moneys in a separate fund to the credit of the district and disburse them upon the warrant of the district signed by the president of the board, and countersigned by the treasurer of the board. [Amended by 1959 c.600 12; 1965 c.609 6; 1981 c.640 13]

452.180 [1963 c.255 3; repealed by 1971 c.727 203]

CONTROL OF VECTORS

(By Counties)

452.210 Counties may contract with cities, vector control districts or other counties on vector control. Any county court may contract with any incorporated city, any vector control district, or with the county court of any other county on any matter incident to the eradication, prevention and control of public health vectors and for the supervision of such work by county employees. [Amended by 1959 c.600 13]

452.220 [Amended by 1959 c.600 14; repealed by 1983 c.537 7]

452.230 Rights under contract. The officers and agents of such other county, vector control district or municipality acting by authority of such contract shall have the same right of entry, inspection and treatment as the agents and employees of the county seeking to control the public health vectors. [Amended by 1959 c.600 15]

452.240 Powers of county regarding vector control. Any county court may:

(1) Take all necessary or proper steps and measures for the control or extermination of public health vectors.

(2) Abate as nuisances all places where public health vectors within the county may breed.

(3) Purchase such supplies and materials and employ or contract for such labor as may be necessary or proper in furtherance of control or extermination.

(4) Fix the compensation and prescribe the duties of all employees, agents and servants.

(5) Enter upon all places within the county and adjacent thereto for the purpose of carrying out this section.

(6) Cut or remove such shrubbery or undergrowth as is necessary or proper in order to carry out this section.

(7) Treat with proper chemicals places where public health vectors are found or are likely to exist.

(8) Generally do any and all things necessary or incident to the powers granted in ORS 452.230 to 452.250 and to carry out the objects specified in this section. [Amended by 1959 c.600 16; 1981 c.640 14]

452.245 Uses of insecticides, oil, chemicals and poisons limited. In exercising its powers under ORS 452.210 to 452.250, a county court:

(1) Shall not order the application of insecticides, oil or other chemicals to waters in the county which are frequented by waterfowl or which contain any game fish without first obtaining the approval of the State Fish and Wildlife Commission.

(2) Shall not order the spreading of poisons for public health vectors without first obtaining the approval of the State Fish and Wildlife Commission. [1981 c.640 5]

452.250 Interference prohibited. No person shall knowingly or willfully hinder or interfere with or prevent the exercise of any powers conferred under ORS 452.230 to 452.250 or do or perform any act or thing which will destroy or impair the efficiency of any device or means used for the control or extermination of public health vectors or their larvae. [Amended by 1959 c.600 17]

(By State)

452.300 Department of Human Services vector control program. The Department of Human Services shall maintain a program of public health vector control, which program shall include, but not be limited to:

(1) Monitoring and investigating public health vectors and vector-borne diseases.

(2) Providing technical assistance and information to vector control districts, local vector control programs and the public.

(3) Maintaining training programs for vector control district personnel and other public health personnel.

(4) Coordinating and assisting vector control district programs and other local programs in research projects.

(5) Reviewing vector control program pesticide use plans submitted by agencies which intend to use chemicals for vector control. Agencies must obtain the approval of the Department of Human Services prior to pesticide applications. [1981 c.640 7]

452.310 [1953 c.666 2; repealed by 1957 c.450 13]

452.320 [1953 c.666 1; repealed by 1957 c.450 13]

452.330 [1953 c.666 3; repealed by 1957 c.450 13]

452.340 [1953 c.666 5; repealed by 1957 c.450 13]

452.350 [1953 c.666 6; repealed by 1957 c.450 13]

452.360 [1953 c.666 7; repealed by 1957 c.450 13]

452.370 [1953 c.666 8; repealed by 1957 c.450 13]

452.380 [1953 c.666 9; repealed by 1957 c.450 13]

452.390 [1953 c.666 10; repealed by 1957 c.450 13]

452.400 [1953 c.666 11; repealed by 1957 c.450 13]

452.410 [1953 c.666 12; repealed by 1957 c.450 13]

452.420 [1953 c.666 4; repealed by 1957 c.450 13]

RAGWEED CONTROL

452.510 Definitions for ORS 452.510 to 452.590. As used in ORS 452.510 to 452.590:

(1) "Department" means the State Department of Agriculture or any of its authorized representatives.

(2) "Ragweed" means the plants listed in ORS 452.520 (1) and (2).

(3) "Ragweed control area" includes the counties of Benton, Clackamas, Clatsop, Columbia, Coos, Curry, Douglas, Hood River, Jackson, Josephine, Lane, Lincoln, Linn, Marion, Multnomah, Polk, Tillamook, Washington and Yamhill. [1957 c.450 1; 1965 c.426 1; 2001 c.104 190]

452.520 Ragweed plants declared public nuisances. In the exercise of the police power of the State of Oregon for the purpose of protecting the health and welfare of the people of this state, from the injurious consequences of ragweed pollen, and to prevent the further spread of ragweed from menacing the health and welfare of the people in certain areas of this state, the following plants are declared to be a public nuisance, and shall be detected, controlled and destroyed in the ragweed control area:

(1) Common ragweed (Ambrosia artemisifolia L.).

(2) Giant ragweed (Ambrosia trifida L.). [1957 c.450 2]

452.530 Administration and enforcement; dissemination of information. (1) Notwithstanding any other provisions of law the department shall administer and enforce the provisions of ORS 452.510 to 452.590.

(2) The department may make all rules and regulations for the administration of ORS 452.510 to 452.590, and provide the necessary forms to carry those sections into effect. This includes the authority necessary to promulgate regulations affecting persons and property before, during or after the department has detected, controlled or destroyed ragweed and to prevent the spreading or regrowth of the weed.

(3) The department may cooperate with federal agencies, the Oregon State University, extension service, the Department of Human Services and all other public and private agencies or organizations in the administration of ORS 452.510 to 452.590. The department shall publish and furnish information and advice concerning the control of ragweed, the injurious consequences of ragweed pollen and the necessity of preventing the further spread of this obnoxious weed. [1957 c.450 3,4,9]

452.540 Access to land within control area; interference with department prohibited. (1) Any authorized officer, employee or inspector of the department in carrying out the provisions of ORS 452.510 to 452.590, shall have access to the land within the ragweed control area.

(2) No person shall interfere in any way with any officer or employee charged with the enforcement of the provisions of ORS 452.510 to 452.590, while the department is engaged in the performance of its duties. [1957 c.450 8]

452.550 Action by department in detecting, controlling and destroying ragweed. The department shall detect, control and destroy ragweed in the ragweed control area and as otherwise provided for in ORS 452.510 to 452.590, and may:

(1) Use herbicides or any other process, procedure or operation.

(2) Purchase and use equipment and materials.

(3) Employ additional necessary personnel.

(4) Enter into a written contract with any person whereby the person will detect, control or destroy ragweed. The department is authorized to pay for services, materials or labor as provided in the contract.

(5) Enter into a written contract with any public body including but not limited to federal or state agencies, county courts, board of county commissioners or municipalities, whereby they will detect, control and destroy ragweed on property other than that owned by them. The department is authorized to pay for services, materials and labor as provided for in such contract. If the contractor or other party is a public body then its officers and employees, subject to approval by the department, shall have the same authority, concurrent with but not superseding the authority of the department, in carrying out the terms of the contract and where the terms are not inconsistent with the provisions of ORS 452.510 to 452.590.

(6) Require a contractor or person to furnish a bond, irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 or liability policy for the protection of persons or property that could be subjected to damages as a result of the operations or work performed under the contract. Nothing in ORS 452.510 to 452.590 shall be construed as a waiver by the State of Oregon of any immunity against suit. [1957 c.450 5; 1991 c.331 63; 1997 c.631 473]

452.560 Destruction and control of ragweed on lands owned by public bodies; failure to act; remedy. (1) Within the ragweed control area, all public bodies including but not limited to federal and state agencies, board of county commissioners or county courts, municipalities, school districts, water districts, irrigation districts, reclamation districts or drainage districts shall destroy and control ragweed at their own expense, under the supervision of, and in accordance with the methods prescribed by the department, on any land owned by them or constituting the right of way for any highway, county road, drainage or irrigation ditch, park, easement or other public right in property under their respective jurisdiction.

(2) Upon the failure or refusal of any person, agency, public body or municipality named in subsection (1) of this section, to control and destroy ragweed, the department may give written notice by certified or registered mail at the last-known address as shown on the tax roll of the county assessor. The notice shall advise as to the presence of ragweed, shall direct that the person, agency, public body or municipality control or destroy the ragweed in accordance with method prescribed by the department, and designate the time within which control and destruction shall be completed, which time shall be reasonable, considering weather and crop conditions, with a minimum period of 15 days after mailing of notice.

(3) If a person, agency, public body or municipality named in subsection (1) of this section fails or refuses to control or destroy the ragweed as directed in the notice, the department may, by its own personnel or by other procedures authorized by ORS 452.510 to 452.590, enter upon the land and control and destroy the ragweed. The department may maintain a suit in the circuit court of the county or counties in which the work was performed against the person, public body, agency or municipality for recovery of the reasonable worth of the services, labor and materials furnished. The Attorney General or the district attorney shall represent the department in such action. [1957 c.450 6]

452.570 Detection, control and destruction of ragweed outside control area. The department may, in its discretion, detect, control and destroy ragweed and carry out the provisions of ORS 452.510 to 452.590 on any land located outside of the ragweed control area, in Oregon, where a request is made by or approval is obtained from the landowner. Such work shall only be undertaken when it is apparent that there are adequate personnel and funds available and where the program in the ragweed control area will not be handicapped thereby. [1957 c.450 7]

452.580 Disposition of moneys collected or received by department. All charges, fees, costs or other moneys collected or received by the department, resulting from the operation or enforcement of ORS 452.510 to 452.590, shall be paid to the State Treasurer, to be deposited in the General Fund to the credit of the Department of Agriculture Account. All sums so received are continuously appropriated to the department for use in the administration of ORS 452.510 to 452.590. [1957 c.450 10]

452.590 Injunction proceedings; jurisdiction; suits and actions by department. The circuit court is vested with jurisdiction to restrain any violations, or threatened violations, or to issue any order necessary for the department in carrying out the provisions of ORS 452.510 to 452.590, upon suit or action by the department. In any such suit or action, the district attorney of the county where such action is instituted, or the Attorney General shall represent the department. [1957 c.450 11]

TANSY RAGWORT CONTROL

452.610 Definitions for ORS 452.610 to 452.630. As used in ORS 452.610 to 452.630 and 452.990 (2), unless the context requires otherwise:

(1) "Department" means the State Department of Agriculture.

(2) "Person" means any individual, partnership, association, corporation, the federal government, or any of its agencies, the State of Oregon, or any of its agencies, or any city, county, district or municipal corporation of this state. [1975 c.555 2]

452.615 Policy; tansy ragwort as nuisance. In recognition of the imminent and continuous menace to livestock, wildlife, land and agricultural products of this state, and in recognition of the widespread infestations and potential infestations of tansy ragwort throughout this state, and in exercise of the police power of this state for the protection of the health and welfare of the people of this state, tansy ragwort (Senecio jacobaea) is declared to be a public nuisance and shall be detected, controlled and, where feasible, eradicated on all lands in this state, and in further recognition that known, effective and practical control or eradication measures are presently unavailable and that suppression of this public nuisance is dependent upon determining such measures, the State Department of Agriculture shall undertake studies, investigations and research for the development of control or eradication methods. It is declared to be the policy of this state that priority shall be given first to the prevention of new infestations of tansy ragwort and then to the control and eradication of tansy ragwort in infested areas. [1975 c.555 3]

452.620 Authority of department; rules. The State Department of Agriculture shall administer and enforce the provisions of ORS 452.610 to 452.630 and 452.990 (2), and in furtherance thereof is authorized:

(1) In accordance with the applicable provisions of ORS 183.310 to 183.550, to adopt rules to carry out the provisions of ORS 452.610 to 452.630 and 452.990 (2). In making such rules the department shall consider:

(a) The existence, availability and practicality of chemical, biological or other means for the control or eradication of tansy ragwort, and the effectiveness thereof;

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

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

(2) To cooperate with Oregon State University or any other person in the administration and enforcement of ORS 452.610 to 452.630 and 452.990 (2).

(3) To collect, publish, disseminate and furnish information, statistics and advice concerning the research, experimentation, control and eradication of tansy ragwort and the land management and cultural practices recommended for such control and eradication.

(4) Notwithstanding any provisions of ORS 561.240 or ORS chapter 279 to the contrary, to enter into contracts with Oregon State University or any other person for the purpose of research, experimentation, control or eradication of tansy ragwort, to receive and expend funds pursuant to such contracts and to employ or authorize personnel to act on behalf of the department.

(5) To rear, propagate and release biological control agents, including insects or disease organisms, and to construct, purchase, maintain and operate facilities and equipment for such purpose.

(6) To 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 which reasonably could damage or injure such biological control agents.

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

(8) To regulate, restrict or prohibit the movement or sale of hay, seed, other agricultural crops or residues thereof, which are found to contain tansy ragwort or seeds thereof.

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

(10) To develop appropriate measures for the control or eradication of tansy ragwort on any lands in this state.

(11) To have access to all lands within this state to carry out the provisions of ORS 452.610 to 452.630 and 452.990 (2), including survey, control and eradication activities and the establishment of quarantines in accordance with ORS 561.510 to 561.600.

(12) To request any person owning or controlling land within this state to control, prevent the spread of, or, when feasible, eradicate tansy ragwort, and to supervise such activities.

(13) To the extent funds are available for such purpose, to 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 federal funds received under the Emergency Job and Unemployment Assistance Act of 1974 (Public Law 93-567) or any other federal or state program intended primarily to alleviate unemployment or to advance research.

(14) To establish advisory committees to assist the department in carrying out the provisions of ORS 452.610 to 452.630 and 452.990 (2). [1975 c.555 4; 1985 c.565 73]

452.625 Authority of Oregon State University. In addition to the authority of the State Department of Agriculture provided in ORS 452.610 to 452.630 and 452.990 (2), Oregon State University is authorized to carry out the activities described in ORS 452.620 (3) and (5). [1975 c.555 5]

452.630 Cooperation with department; court suit. (1) No person shall fail to cooperate with the State Department of Agriculture in the administration or enforcement of ORS 452.610 to 452.630 and 452.990 (2), or rules promulgated pursuant thereto, nor otherwise violate any provision of ORS 452.610 to 452.630 and 452.990 (2).

(2) In addition to any other remedy provided by law, the department may bring suit in circuit court to enjoin or restrain any person from violating any provision of ORS 452.610 to 452.630 and 452.990 (2) or any rule promulgated thereunder. [1975 c.555 6]

PENALTIES

452.990 Penalties. (1) Violation of ORS 452.250 is a Class C misdemeanor.

(2) Subject to ORS 153.022, failure to comply with any provision of ORS 452.610 to 452.630 and this subsection or any rule promulgated pursuant thereto is a Class B violation. [Subsection (2) enacted as 1975 c.555 7; 1977 c.582 49; 1999 c.1051 184]