Section 570.450 - Rapeseed control areas.

OR Rev Stat § 570.450 (2019) (N/A)
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Note: Section 5, chapter 724, Oregon Laws 2013, provides:

Sec. 5. (1) To the extent that the College of Agricultural Sciences of Oregon State University deems practicable, the college shall conduct field monitoring:

(a) On the acreage that has been used to grow canola for purposes of research under section 4, chapter 724, Oregon Laws 2013;

(b) On the acreage that has been used to grow canola for commercial purposes under section 1 of this 2015 Act [section 1, chapter 638, Oregon Laws 2015]; and

(c) On lands adjacent to acreage used for the research under section 4, chapter 724, Oregon Laws 2013, or used for commercial purposes under section 1 of this 2015 Act, for a period of five years after completing the research under section 4, chapter 724, Oregon Laws 2013.

(2) Monitored areas adjacent to the acreage that has been used to grow canola must include, but need not be limited to, fields planted in forage turnip seed crops, tillage radish seed crops and Brassica specialty seed crops. Any monitoring of acreage that has been used to grow canola or of fields planted in forage turnip seed and radish seed crops must include monitoring for volunteer plants, diseases and insects. Any monitoring of fields planted with Brassica specialty seed crops, other than acreage that has been used to grow canola, must include monitoring for diseases and insects. [2013 c.724 §5; 2015 c.638 §6]

Note: Sections 1 to 3, chapter 559, Oregon Laws 2019, provide:

Sec. 1. (1) As used in this section:

(a) "Canola" means plants of the genus Brassica:

(A) In which seeds having a high oil content are the primary economically valuable product; and

(B) That have a high erucic acid content suitable for industrial uses or a low erucic acid content suitable for edible oils.

(b) "Willamette Valley Protected District" means the area encompassed within a rectangle formed by the point in Tillamook County that is the northwest corner of township 1 north, range 6 west, the point in Multnomah County that is the most northeastern point of township 1 north, range 2 east within Oregon, the point in Lane County that is the southeast corner of township 19 south, range 2 east and the point in Lane County that is the southwest corner of township 19 south, range 6 west.

(2) A person growing canola within the Willamette Valley Protected District must receive prior approval by license from the State Department of Agriculture.

(3) The department may:

(a) Authorize a person to grow canola within the Willamette Valley Protected District only in a manner determined to be compatible with the growing of other crops, including but not limited to the maintenance of isolation distances between canola and other crops that equal or exceed the industry-recommended isolation distance between specialty seed crops of the genus Brassica and other crops.

(b) Authorize canola production within the Willamette Valley Protected District, not to exceed 500 acres per year.

(4) The department may assess a civil penalty, not to exceed $25,000, against a person that violates subsection (2) of this section or the terms of a license issued under this section. [2019 c.559 §1]

Sec. 2. (1) The Legislative Assembly intends that if this 2019 Act becomes law after July 1, 2019, section 1 of this 2019 Act operates retroactively to July 1, 2019. All canola planted within the Willamette Valley Protected District after July 1, 2019, and prior to the effective date of this 2019 Act [July 15, 2019] is subject to the requirements set forth in section 1 of this 2019 Act. Any lawful action described in section 1 of this 2019 Act that is taken by the State Department of Agriculture after July 1, 2019, and prior to the effective date of this 2019 Act is hereby ratified and approved.

(2) This 2019 Act does not affect application of sections 1 to 3, chapter 638, Oregon Laws 2015, to canola planted within the Willamette Valley Protected District on or before July 1, 2019. [2019 c.559 §2]

Sec. 3. Section 1 of this 2019 Act is repealed on June 30, 2023. [2019 c.559 §3]