(2) It shall be unlawful for any person in this state to willfully or negligently cut, dig up, trim, pick, remove, mutilate or in any manner injure or mar any plant, flower, shrub, bush, fruit or other vegetation growing upon the right of way of any public highway within this state, or upon public lands, or upon the land of another, within 500 feet of the center of any public highway, without the written permit of the owner, signed by the owner or the authorized agent of the owner.

(3) It shall be unlawful for any person to export from this state, or to sell or offer for sale or transport bulbs, corms, rhizomes, roots or plants of native wildflowers or shrubs of the state of any of the following genera:

(a) Lilium (including all wild lilies).

(b) Calochortus (mariposa tulip or butterfly lily).

(c) Fritillaria (mission bells or snake lily).

(d) Erythronium (adder’s tongue, dog-tooth violet or avalanche lily).

(e) Cypripedium (lady’s slipper).

(f) Calypso (purple lady’s slipper).

(g) Lewisia (bitter root).

(h) Douglasia or native Rhododendron or azalea.

(4) It shall be unlawful for any person to sell or transport or offer for sale the bulbs, corms, rhizomes, roots or parts of any of the plants or shrubs mentioned in subsections (2) and (3) of this section which have been dug, pulled up or gathered upon any highway, or within 500 feet thereof, or public lands in this state, or upon the land of any other person without written permission from the owner of such land.

(5) The provisions of this section shall not be construed to apply to any employee of the federal government or of the State of Oregon or of any political subdivision of the state engaged in work upon any state, county or public road or highway while performing such work under the supervision of the federal government, the state or any political subdivision thereof.

(6) The provisions of this section shall not be construed to apply to the owner of any tract or tracts of land, or to agents or employees of the owner, as to such tract or tracts, or to any shrub, plant or other vegetation which is declared by law to be a public nuisance.

(7) Nothing in this section shall be construed as prohibiting the digging, pulling, gathering or sending out of this state, in such quantity and at such times the State Department of Agriculture may approve, any commercially propagated plants or shrubs mentioned in subsections (2) and (3) of this section, provided the permission of the department for so doing is first obtained.