Civil penalties for plant pest control or movement violation
(1) In addition to any applicable fine under ORS 561.993 (Other penalties) or 569.990 (Violations punishable by fine) or other penalty, a person is subject to imposition by the State Department of Agriculture of a civil penalty, not to exceed $10,000, if the person:
(a) Violates a rule adopted under ORS 570.210 (Control of plant pests not subject to quarantine); or
(b) Violates the conditions of a permit described in ORS 570.215 (Prohibition against movement of plant pests).
(2) Each violation of a rule adopted under ORS 570.210 (Control of plant pests not subject to quarantine) or of a condition of a permit described in ORS 570.215 (Prohibition against movement of plant pests) is a separate offense subject to a separate civil penalty.
(3) The department shall develop one or more schedules setting the amounts of civil penalties that may be imposed for particular types of violations.
(4) The imposition of a civil penalty under this section is subject to ORS 183.745 (Civil penalty procedures).
(5) The State Treasurer shall deposit all moneys from penalties recovered under this section into the Department of Agriculture Account. Moneys deposited under this subsection are continuously appropriated to the State Department of Agriculture for carrying out plant pest prevention and control activities. [2009 c.98 §10]
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