ORS 561.740¹
Regulation of biopharmaceutical crops
  • fees

(1) The Director of Agriculture and an appointee of the Director of Human Services who has experience in health program administration may enter into memoranda of understanding or other intergovernmental agreements on behalf of this state for the purpose of furthering collaboration between this state and federal agencies that regulate the growing of biopharmaceutical crops. A memorandum or other agreement entered into under this section shall be designed to increase state input to the federal biopharm permitting system on biopharmaceutical crop issues and requirements of specific interest to this state.

(2) To the extent authorized under federal and state law, or under any memorandum of understanding or other agreement entered into under subsection (1) of this section, the Director of Agriculture and the appointee of the Director of Human Services, or their designees:

(a) Notwithstanding ORS 192.410 (Definitions for ORS 192.410 to 192.505) to 192.505 (Exempt and nonexempt public record to be separated), shall refuse to disclose any biopharm permit application or related biopharmaceutical crop information received from the United States Department of Agriculture’s Animal and Plant Health Inspection Service, or from any successor to that service, that the United States Department of Agriculture has determined to be confidential business information.

(b) May review biopharm permit applications and biopharmaceutical crop information submitted to the United States Department of Agriculture.

(c) May administer and conduct site inspections and monitoring of any biopharmaceutical crops grown in Oregon.

(d) If there is evidence that biopharmaceutical crops are endangering Oregon agriculture, horticulture or forest production or public health, may take appropriate enforcement action.

(e) May charge a biopharm permit applicant or holder fees for state oversight, services or activities under this section. Fees charged under this paragraph may not total more than $10,000 and must be reasonably calculated to reimburse the state for the actual cost of the oversight, services or activities. Fees collected under this paragraph shall be deposited to the credit of the Department of Agriculture Service Fund and are continuously appropriated to the State Department of Agriculture for the purpose of carrying out this section. [2007 c.577 §2]

Note: See note under 561.738 (Definitions for ORS 561.738 and 561.740).

1 Legislative Counsel Committee, CHAPTER 561—State Department of Agriculture, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­561.­html (2007) (last ac­cessed Feb. 12, 2009).
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.
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