Or. Admin. Code § 603-052-0882

Current through Register Vol. 63, No. 10, October 1, 2024

Section 603-052-0882 - Willamette Valley Protected District

(1)Willamette Valley Protected District

(a) "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. A map of the area encompassed by the Willamette Valley Protected District is available at: https://oda.direct/Canola.

(b) The Department may use the Protected District Advisory Committee to advise and counsel the Department on the production of rapeseed species in the protected district.

(c) Within the Willamette Valley Protected District, canola for edible or inedible oil production may be grown only pursuant to a permit issued by the Department.

(d) After the effective date of SB 885 (80th Oregon Legislative Assembly-2019 Regular Session), the production of canola for edible and inedible oil production within the Willamette Valley Protected District is limited to no more than 500 acres per crop year.

(e) Within the Willamette Valley Protected District any canola must maintain an isolation distance of at least three (3) miles from any Brassica Specialty Seed crop, unless an Isolation Distance Exception agreement is on file with the Department.

(2)Application for Permit to Grow Canola

(a) For the 2020 crop year, applications for a permit to grow canola must be received by July 19, 2019 for the fall planting and by February 15, 2020 for the spring planting. Thereafter, for all years other than 2020, applications must be received by June 30th of each calendar year for the fall planting and by February 15 of each calendar year for the spring planting. For each spring planting season, applications will be accepted and permits issued until available acres are allocated.

(b) Applications must be complete and timely received in the Department by the dates in subsection (a).

(c) Applications must be completed on a form provided by the Department and must include the following:

(A) The name, address, and contact information of the applicant;

(B) The nearest address and global positioning system (GPS) coordinates provided in decimal of degrees and taken at the approximate center of each proposed field(s) to be cultivated in canola;

(C) The number of acres of each field in which canola is proposed to be cultivated;

(D) A map/aerial photo of the field showing clear boundaries and the center of the field marked with an X;

(E) Information indicating whether the applicant is willing to adjust the number of acres requested to accommodate required isolation distance(s) and if so, the minimum number of acres that applicant may accommodate; and

(F) May include a signed Isolation Distance Exception Agreement(s) if the applicant has entered into such agreement for the applicable crop year.

(3)Review and Approval of Canola Permit Applications: The Department shall review complete applications to determine whether a permit to grow canola may be issued and, if so, the terms of each permit.

(a) Using the information provided in each application, the Department will consult with the Willamette Valley Protected District Advisory Committee to determine the location and acreages of areas that are cultivated with or will be cultivated with Brassica Specialty Seed crops during the crop year for which the application to grow canola is made.

(b) The Department will determine the allowed location for growing canola as requested in each application by considering the appropriate isolation distance from Brassica Specialty Seed crops existing at the time of the application or planned for cultivation during the crop year for which a permit to grow canola is sought.

(c) The Department will contact those applicants who may need an Isolation Distance Exception for the 2020 crop year by July 30th to obtain an agreement and provide a copy to the Department by August 9th. For the spring planting of the 2020 crop year, the Department will contact those applicants who may need an Isolation Distance Exception immediately following the meeting of the advisory committee. For each year following the 2020 crop year, the Department will contact those applicants who may need an Isolation Distance Exception as soon as possible after the advisory committee meeting for the fall or spring planting of that crop year.

(d) Criteria for issuing permits:

(A) The Department will issue permits based on the ability to place canola fields maintaining industry recommended Isolation Distances from other Specialty Seed crops grown within the Willamette Valley Protected District.

(B) The Department will consider maximum and minimum field sizes requested in order to permit up to the full 500 acres of canola in the Willamette Valley Protected District.

(C) The Department will attempt to promote the maximum opportunities for the production of canola by the most growers within the Willamette Valley Protected District.

(D) In the event there are additional acres to allocate after the minimum number of acres have been allocated to each permit applicant, the Department will conduct a lottery using all applications received to distribute the remaining available acreage to applicants up to the maximum acreage requested on the application.

(E) Any permit issued by the Department shall contain the allowed location and acreage for canola cultivation during the crop year for which the application is made.

(F) Permits shall be issued in writing to the applicant by August 14, 2019 for the 2020 crop year. In following years permits shall be issued in writing to the applicant by August 10th for that crop year. Permits authorize the cultivation of canola only for the time period specified in the permit and only according to the terms of the permit.

(4)Denial of Applications for Canola Permit

(a) The Department may deny an application for the following reasons:

(A) The application was not timely received in the Department;

(B) The application contains false, misleading, or incorrect information;

(C) The location or acreage of fields sought for canola cultivation as provided in the application may not be accommodated or because acreage limits have been met; or

(D) The applicant has a history of noncompliance within the last three years with rules of the Department implementing ORS 570.400 or ORS 570.450.

(b) Any denial of an application shall be in a writing directed to the applicant and served by mail. Denials shall contain the information required by ORS 183.415.

(c) Applicants may request a hearing as provided in ORS Chapter 183 within 10 days after a notice of denial is received by the applicant.

(A) A request for hearing must be in writing and must be received in the Department within ten (10) days after a notice of denial is received by the applicant.

(B) A request for hearing may not be in an email to the Department, but must be mailed, faxed or otherwise delivered to the Department.

(5)Violations: The Department may assess a civil penalty, not to exceed $25,000, against a person that plants canola without a permit or violates the terms of a permit issued by the Department.

Or. Admin. Code § 603-052-0882

DOA 1-2013, f. & cert. ef. 2-6-13; DOA 11-2013, f. & cert. ef. 10-21-13; DOA 9-2014(Temp), f. & cert. ef. 7-7-14 thru 1-3-15; Reverted to DOA 11-2013, f. & cert. ef. 10-21-13; DOA 1-2015, f. & cert. ef. 1/13/2015; DOA 16-2019, amend filed 07/02/2019, effective 7/2/2019DOA 17-2019, minor correction filed 07/16/2019, effective 7/16/2019; DOA 26-2019, amend filed 12/20/2019, effective 12/20/2019; DOA 24-2023, temporary amend filed 07/11/2023, effective 7/11/2023through 1/6/2024; DOA 9-2024, minor correction filed 05/06/2024, effective 5/6/2024

Tables referenced are not included in rule text. Click here for PDF copy of table(s).]

Statutory/Other Authority: ORS 561.190, 570.305, 570.405, 570.412, 570.415 & 570.450

Statutes/Other Implemented: SB 885, 2013 HB 2427, ORS 570.305, 570.405, 570.410, 570.412, 570.415, 570.450 & HB 4059, 2024