OAR 603-052-1080
Firewood Restrictions To Prevent Transport Of Invasive Species


(1)

This rule is established as authorized under ORS 561.510 (Quarantines), 570.305 (Department officials to prevent introduction of plant pests) and 570.720 (Firewood sources) to protect the State of Oregon from the introduction of invasive species, including non-native wood-boring insects and plant diseases, transported on firewood from outside the Pacific Northwest. The requirements set forth in this rule do not apply to any non-firewood product or logs for industrial use.

(2)

The following definitions apply to OAR 603-052-1080 (Firewood Restrictions To Prevent Transport Of Invasive Species) and 603-052-1090 (Civil Penalty Matrix):

(a)

“Approved Pacific Northwest Firewood” is a labeling standard for firewood sold by a firewood producer who complies with the provisions of section (4)(a)(C) of this rule.

(b)

“Approved Pest Free” is a labeling standard (i.e., source labeling requirement) for firewood that complies with the provisions of sections (4)(b)(A) of this rule.

(c)

“Department” means the Oregon Department of Agriculture.

(d)

“Firewood” means any whole or split pieces of wood less than 48” in length or other wood of any tree species cut into a form and size appropriate for use for fuel wood uses, such as home heating or campfires. Compressed wood bricks, pellets, and other processed wood products used for fuel wood uses such as home heating or campfires are excluded from this definition.

(e)

“Firewood seller” means any person or business that supplies or sells firewood.

(f)

“Invasive Species” means nonnative organisms that cause economic or environmental harm and are capable of spreading to new areas of the state.

(g)

“Knowingly” means acting with awareness, deliberateness, or intention.

(h)

“Pacific Northwest” means the states of Oregon, Washington, and Idaho.

(i)

“Person” means an individual, organization, corporation or partnership, other than the Department, public authority, county, town, city, municipal agency or public corporation.

(j)

“Phytosanitary certificate” means an official document issued by an exporting county, state, or country to verify a shipment has been officially inspected and meets the import requirements of the State of Oregon.

(k)

“Plant Pest” means a disease, microscopic organism, insect, nematode, arthropod, parasite or any other biotic agent capable of having a significant adverse effect on the environmental quality of Oregon or of causing a significant level of economic damage in Oregon, including but not limited to damage to agricultural, horticultural or forest plants, crops, commodities or products.

(l)

“Source” means the state from which the firewood was harvested.

(m)

“Untreated Firewood” means any firewood that has not been treated in accordance with the provisions of section (4)(b)(A)(Approved Pest Free) of this rule.

(n)

“Violation” means the failure to comply with any requirement of these rules. Each day a violation continues after the time established for compliance shall be considered a separate violation unless the department finds that a different period of time is more appropriate to describe a specific violation event.

(3)

No person shall transport, by any means, untreated firewood into the State of Oregon, for sale or use within the State from any location outside of the Pacific Northwest.

(4)

Restrictions on transport, sale, or possession of untreated firewood within Oregon:

(a)

Pacific Northwest-harvested firewood:

(A)

Persons who cut and burn firewood in Oregon for personal use are exempt from these documentation, treatment, and labeling requirements.

(B)

Firewood harvested and then sold in the Pacific Northwest does not need to be treated or labeled.

(C)

Optional labeling for untreated Pacific Northwest Firewood: Sellers of Pacific Northwest Firewood:
(i)
May choose to use the “Approved Pacific Northwest Firewood” designation on firewood that has its source wholly within the Pacific Northwest and outside of declared quarantine areas for invasive species (ORS 561.510 (Quarantines), 561.560 (Emergency quarantine), OAR 603-052-1230 (Quarantine: Phytophthora ramorum)). A summary of Oregon’s plant quarantines is available at http://nationalplantboard.org/laws/index.html.
(ii)
Firewood sellers using the optional “Approved Pacific Northwest Firewood” label shall maintain records that include, at a minimum, the source(s) of the firewood for a minimum of one (1) year. Upon request, such records shall be made available for inspection to the Department.
(iii)
Are required to provide to all purchasers (except to the final end-use customer, unless requested), the source of the firewood and the contact name of the seller.

(D)

Landowners who occasionally allow or charge a fee for cutting firewood on their land for personal use in Oregon are not considered sellers.

(b)

Firewood harvested from outside the Pacific Northwest:

(A)

Firewood from outside the Pacific Northwest must be heat treated to a minimum wood core temperature of 60oC (140oF) for at least 60 minutes or equivalent treatment as approved by the Department. Air drying of firewood is insufficient and is not approved by the Department. Post treatment firewood must be stored in a manner to minimize re-infestation.

(B)

Treated firewood meeting the standard in (A) above, whether harvested from the PNW or elsewhere may be labeled as “Approved Pest Free.”

(C)

Sellers of “Approved Pest Free” firewood shall maintain, for at least two (2) years from the date of treatment, records that document the source of the wood, the treatment method and the volume of firewood treated. Official phytosanitary certificates from a firewood seller’s State Department of Agriculture or official equivalent may be used to verify the treatment method and volumes of treated firewood produced. Regulatory officials shall be allowed to inspect such records and the facilities used to treat and store the firewood upon request.

(D)

Using an “Approved Pest Free” label fraudulently is subject to civil penalties as described in section (5).

(5)

Violation of rule. Violators of this rule will be subject to civil penalties of up to $10,000 as provided by ORS 561.995 (Civil penalties) and described in OAR 603-054-0070 (Civil Penalty Schedule Matrix). Commodities shipped in violation of this rule may be treated, destroyed, or returned to the point of origin without expense or indemnity paid by the state. Civil penalties recovered under this section shall be deposited in the Invasive Species Control Account ORS 570.810 (Invasive Species Control Account).

Source: Rule 603-052-1080 — Firewood Restrictions To Prevent Transport Of Invasive Species, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=603-052-1080.

603‑052‑0020
Exemption from Quarantine Orders
603‑052‑0030
Plum Curculio Quarantine
603‑052‑0051
Quarantine: Grape Pests and Diseases
603‑052‑0075
Quarantine
603‑052‑0114
Quarantine
603‑052‑0115
Quarantine
603‑052‑0116
Quarantine
603‑052‑0118
Quarantine
603‑052‑0120
Quarantine
603‑052‑0121
Quarantine
603‑052‑0126
Quarantine
603‑052‑0127
Quarantine
603‑052‑0129
Quarantine
603‑052‑0150
Control Areas and Procedures
603‑052‑0153
Definitions
603‑052‑0154
Control Area
603‑052‑0155
Intent and Purpose
603‑052‑0156
Control by Spraying
603‑052‑0157
Inspection Procedures
603‑052‑0158
Control Procedures
603‑052‑0160
Definitions
603‑052‑0165
Control Area
603‑052‑0170
Intent and Purpose
603‑052‑0175
Control by Spraying
603‑052‑0180
Inspection Procedures
603‑052‑0185
Control Procedures
603‑052‑0187
Definitions
603‑052‑0188
Control Area
603‑052‑0189
Intent and Purpose
603‑052‑0190
Control by Spraying
603‑052‑0191
Inspection Procedures
603‑052‑0192
Control Procedures
603‑052‑0260
Hood River Control Area: Insect Pests and Diseases in Fruit Trees
603‑052‑0265
Definitions
603‑052‑0270
Intent and Purpose
603‑052‑0275
Control by Spraying
603‑052‑0280
Inspection and Control Procedures
603‑052‑0328
Klamath County Mint Disease Control Area Order
603‑052‑0347
Control Area and Procedures in Malheur County
603‑052‑0350
Control Area — Yellow Dwarf — Marion County
603‑052‑0355
Control Area — Yellow Dwarf — Yamhill and Washington Counties
603‑052‑0360
Control Area: Onion Maggot — Malheur County
603‑052‑0385
Malheur County Bean Disease Control Area and Procedures
603‑052‑0390
Wallowa County Potato Disease Control Area and Procedures
603‑052‑0395
Union County Potato Disease Control Area and Procedures
603‑052‑0450
Quarantine
603‑052‑0825
Hazelnut Nursery Stock Control Area
603‑052‑0830
Commercial Potatoes Produced in Oregon to be Grown from “Certified Seed”
603‑052‑0860
Brassicaceae Production Districts and Rapeseed Control Areas
603‑052‑0861
General Production Area/Protected Districts
603‑052‑0862
Definitions
603‑052‑0870
General Production Area
603‑052‑0880
Protected Districts
603‑052‑0882
Willamette Valley Protected District
603‑052‑0884
Central Oregon Protected District
603‑052‑0886
Northeast Oregon Protected District
603‑052‑0888
Malheur/Idaho Protected District
603‑052‑0901
Research, Summary, Changes
603‑052‑0921
Violations
603‑052‑1020
Quarantine Against Powdery Mildew of Hops
603‑052‑1025
Quarantine
603‑052‑1030
Control Area Against Rough Bluegrass in Union County
603‑052‑1040
Control Area Against Rough Bluegrass in Morrow and Umatilla Counties
603‑052‑1050
Control Area Against Creeping Annual Bluegrass in Union County
603‑052‑1060
Control Area Against Creeping Annual Bluegrass in Morrow and Umatilla Counties
603‑052‑1080
Firewood Restrictions To Prevent Transport Of Invasive Species
603‑052‑1090
Civil Penalty Matrix
603‑052‑1100
Purpose
603‑052‑1110
Definitions
603‑052‑1120
Notification
603‑052‑1130
Fees
603‑052‑1150
Laboratory Fees for Official, Regulatory and Service Samples
603‑052‑1200
Quarantine
603‑052‑1205
Weed-Free Tree Seedling Nurseries
603‑052‑1206
Definitions
603‑052‑1209
Purpose
603‑052‑1211
Control Area
603‑052‑1221
Quarantine
603‑052‑1230
Quarantine: Phytophthora ramorum
603‑052‑1236
Biopharmaceutical Crops
603‑052‑1240
Bentgrass Control Area in Jefferson County
603‑052‑1241
Quarantine: Rathayibacter toxicus
603‑052‑1245
Blueberry Nursery Stock Control Area
603‑052‑1300
Purpose and General Information
603‑052‑1310
Definitions
603‑052‑1320
Approved Species (Non-Regulated)
603‑052‑1330
Changes to List of Approved Invertebrates
603‑052‑1340
Permits
603‑052‑1350
Premises and Permit Accessible to Department Officials
603‑052‑1360
Violations
603‑052‑1370
Civil Penalties
603‑052‑1380
Invasive Species Council: Voting process, responsibilities and duties for Chair and Co-Chair
603‑052‑1390
Temporary rules prohibiting the import of Marimo or Moss balls infested with zebra mussels
Last Updated

Jun. 8, 2021

Rule 603-052-1080’s source at or​.us