Department may establish control areas
- • limitations
(1) The State Department of Agriculture may establish, in accordance with the provisions governing the procedure for the declaring of quarantines contained in ORS 561.510 (Quarantines) to 561.590 (Violation of quarantine prohibited), control areas within this state, if after careful investigation the department determines that the areas are necessary for the general protection of the horticultural, agricultural or forestry industries in this state from insects or other plant pests, or for the eradication or exclusion from the areas of certain plants or their produce, trees or insects or other plant pests that may be a menace to the areas and generally to horticultural, agricultural or forestry industries.
(2) The power and authority to establish control areas and for the eradication or exclusion of certain plants or their produce, trees or insects or other plant pests existing in the areas or to be excluded from the areas shall be exercised reasonably and justly considering the exigencies of the particular situation, the danger to the interests sought to be protected and the immediate and continuing effect upon the property and the owners of the property in the areas established. The department may not exercise the power to establish control areas unreasonably, unjustly or arbitrarily.
(3) The department, in making a determination, shall define the boundaries of the control areas and specify the character and kinds of plants or their produce, trees or insects or other plant pests to be eradicated or excluded and the manner and method of eradication or exclusion. The provisions of ORS 561.510 (Quarantines) to 561.590 (Violation of quarantine prohibited) apply to this section. [Amended by 1987 c.228 §1; 2015 c.203 §18]
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