Or. Admin. Code § 603-052-0862

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

Section 603-052-0862 - Definitions

Unless the context requires otherwise, the following terms are defined as indicated:

(1) "Blackleg" means the disease of crucifer crops and Brassicaceae species caused by the fungi Leptosphaeria maculans (Tode ex Fr.) Ces. & de Not or Plenodomus biglobosus (Shoemaker & H. Brun).

(2) "Brassicaceae" means any genera and species in the plant family Brassicaceae including, but not limited to, all species of Brassica and Sinapis, and Raphanus sativus and excluding the ornamental genera Arabis, Erysimum, and Iberis.

(3) "Brassica Specialty Seed crop" means crops of the species Brassica rapa, B. napus, and B. juncea that may cross pollinate with canola and are grown for seed production.

(4) "Cover crop Brassica" means any member of the Brassicaceae that is grown as a cover crop and is not allowed to flower.

(5) "Crop Year" means the calendar year following the year the permit is issued.

(6) "Department" means the State Department of Agriculture.

(7) "Director" means the Director of the Department or the Director's duly authorized representative.

(8) "Field" means a commercial production area in which the Brassicaceae are planted directly into the ground. A field may include one or more contiguous plots of land managed as a single unit. These plots may be separated by an unimproved farm road, ditch or hedgerow.

(9) "Forage Brassica" means member of the Brassicaceae that is grown for animal/livestock feed and is not allowed to flower.

(10)" Isolation Distance " means distance between crops to avoid cross pollination between canola and high erucic acid Brassica Specialty Seed crops .

(11) "Isolation Distance Exception"means the planting of a crop at a distance less than the Isolation Distance established by the Department.

(12) "Isolation Distance Exception Agreement" means an agreement between any Brassica Specialty Seed crop grower and a canola grower to plant in a field that is less than the Isolation Distance. Agreements must be in writing, legally binding on the parties, accepting the risk of not maintaining Isolation Distances and signed by the parties to the agreement.

(13) "Land manager" means any person who is legally responsible for the maintenance, use, and development of resources for a section of land or piece of property.

(14) "Lottery" means a process whose success is governed by chance.

(15) "Person" means an individual, firm, partnership, corporation, company, society, association, cooperative, two or more persons having a joint or common interest, or any unit or agency of local, state, or federal government.

(16) "Producer" means any person who is the owner, tenant, or operator of land who has an interest in, and is entitled to receive all or any part of the proceeds from the sale of any commodity produced on that land.

(17) "Protected District Advisory Committee"means a body of industry professionals, businesses and individuals who may advise and counsel the Department on the type of rapeseed species and varieties which may be produced in the protected district.

(18) "Rapeseed"means plants of the species B. napus, B. rapa and B. juncea grown for the purpose of edible oil production or for inedible oil production .

(a) "Edible oil production" means rapeseed that has a low erucic acid content and is grown for human or animal consumption. Canola grown for edible oil or livestock feed is a rapeseed that has a low erucic acid content.

(b) "Inedible oil production"means rapeseed that has a high erucic acid content and is grown for industrial uses or biofuels . Canola grown for inedible oil production suitable for industrial uses is a rapeseed that has a high erucic acid content.

Or. Admin. Code § 603-052-0862

DOA 1-2013, f. & cert. ef. 2-6-13; DOA 11-2013, f. & cert. ef. 10-21-13; DOA 1-2015, f. & cert. ef. 1/13/2015; DOA 18-2016, f. & cert. ef. 8/16/2016; DOA 16-2019, amend filed 07/02/2019, effective 7/2/2019; DOA 26-2019, amend filed 12/20/2019, effective 12/20/2019

Statutory/Other Authority: ORS 561.190, 561.510 - 561.600, 570.305, 570.405. 570.410 - 570.415, 570.450 & ORS 570.405

Statutes/Other Implemented: ORS 570.405 - 570.415, 570.450 & SB 885