Oregon § 602.990 - Penalties

§ 602.990. Penalties

602.990 Penalties

602.010 Definitions. As used in this chapter, the term:

(1) Apiary and apiary property includes bees, honey, beeswax, bee comb, hives, frames and other equipment, appliances and material used in connection with an apiary.

(2) Appliances means any implement or device used in the manipulating of bees or their brood or hives, which may be used in any apiary.

(3) Bees means honey-producing insects of the genus Apis and includes the adults, eggs, larvae, pupae or other immature stages thereof, together with such materials as are deposited into hives by their adults, except honey and beeswax in rendered form.

(4) Colony or colonies of bees refers to any hive occupied by bees.

(5) Department means the State Department of Agriculture.

(6) Disease means pests, disease or any condition affecting bees or their brood.

(7) Hive means any receptacle or container made or prepared for use of bees, or box or similar container taken possession of by bees.

(8) Location means the premises upon which an apiary is located.

(9) Nucleus colony means a colony that is used primarily to produce new queens or workers for the purpose of starting a new colony or adding to an existing colony.

(10) Person includes any individual, partnership, association or corporation, but does not include any common carrier when engaged in the business of transporting bees, hives, appliances, bee cages or other commodities which are the subject of this chapter, in the regular course of business. [Amended by 1961 c.177 1; 1963 c.65 1; 1989 c.738 5; 1993 c.350 1; 2017 c.52 1]

602.020 Chief Apiary Inspector. The State Department of Agriculture is authorized to appoint a Chief Apiary Inspector and such deputy apiary inspectors as may be necessary to conduct service work requested by the apiary industry. The administration of the program shall be under the direction and control of the Director of Agriculture. The apiary industry shall pay service fees in amounts established by the department by rule to cover all expenses incurred in the conduct of the program. [Amended by 1961 c.177 2; 1993 c.350 2]

602.030 [Amended by 1953 c.400 7; 1981 c.164 1; 1989 c.738 6; repealed by 1993 c.350 6]

602.035 Beekeeping within residential areas. (1) The Oregon State University Extension Service, in consultation with the State Department of Agriculture and beekeeping organizations, shall establish by written policy best practices for beekeeping within residential areas.

(2) The policy set forth under subsection (1) of this section shall include recommendations to address:

(a) The application of local nuisance ordinances to manage conflicts that arise from beekeeping within residential areas;

(b) Methods for mitigating conflicts that arise from beekeeping within residential areas; and

(c) Local government oversight of beekeeping activities within residential areas.

(3) The Oregon State University Extension Service shall collaborate with the League of Oregon Cities and the Association of Oregon Counties to:

(a) Disseminate the best practices described in subsection (1) of this section to local governments; and

(b) Make information about the activity of beekeeping in residential areas available to the governing bodies of local governments and the general public. [2015 c.823 2]

602.040 [Amended by 1953 c.400 7; 1989 c.738 7; repealed by 1993 c.350 6]

602.045 Local ordinances; fees. A local government may:

(1) Adopt ordinances consistent with the best practices described in ORS 602.035; and

(2) Charge a reasonable fee for registering hives in residential areas. The fee that a local government charges for registering hives in residential areas may not exceed the amount charged under State Department of Agriculture rules for the registration of colonies that are subject to fees under ORS 602.090 (3). [2015 c.823 3; 2017 c.52 2]

602.050 [Amended by 1989 c.738 8; repealed by 1993 c.350 6]

602.060 [Amended by 1953 c.400 7; 1961 c.177 3; repealed by 1993 c.350 6]

602.070 [Amended by 1953 c.400 7; repealed by 1993 c.350 6]

602.080 [Repealed by 1953 c.400 7]

602.081 [1961 c.177 5; repealed by 1993 c.350 6]

602.083 [1967 c.123 2; 1989 c.738 9; repealed by 1993 c.350 6]

602.085 [1967 c.123 4; 1989 c.738 10; repealed by 1993 c.350 6]

602.087 [1967 c.123 3; 1989 c.738 11; repealed by 1993 c.350 6]

602.090 Registration of bee colonies; fees; rules. (1) Every person who owns or is in charge of five or more colonies of bees located within this state, shall cause the colonies to be registered with the State Department of Agriculture.

(2) Application for registration shall be made on a form furnished by the department. The registration shall cover each colony of bees owned by the applicant, and shall give the address and telephone number of the owner and the name, address and telephone number of the person in charge if the person in charge is not the owner. The registration shall be made before June 1 of each year for all colonies. Each registrant shall furnish an address to which any notice required by this chapter to be given may be sent, and shall agree that any notice sent by the department to such address shall be deemed to be notice in fact.

(3) Except as provided in subsection (4) of this section, the application for registration shall be accompanied by a fee not to exceed $10 per application and $0.50 per colony. For each registration after July 1, the fee shall not exceed $20 per application and $0.50 per colony. The department shall establish the fees by rule, not to exceed the maximum limits prescribed in this subsection.

(4) There is no per application fee or per colony fee to register a nucleus colony. However, this subsection does not cancel or reduce any fee under subsection (3) of this section payable by a person for the registration of other colonies.

(5) When the ownership of colonies that are subject to a fee under subsection (3) of this section is changed, the department shall transfer the registration to the new owner without charges. However, if the colony has not been previously registered, the new owner shall pay any registration fee due under subsection (3) of this section without penalty.

(6) The department shall maintain records of registered beekeepers and the number of colonies registered. [Amended by 1953 c.400 7; 1961 c.177 6; 1963 c.65 2; 1989 c.354 1; 1991 c.633 1; 1993 c.350 3; 2015 c.744 2; 2017 c.52 3]

602.100 [Repealed by 1993 c.350 6]

602.110 [Repealed by 1993 c.350 6]

602.120 [Repealed by 1993 c.350 6]

602.130 [Repealed by 1993 c.350 6]

602.140 [Amended by 1991 c.249 60; repealed by 1993 c.350 6]

602.150 [Repealed by 1993 c.350 6]

602.160 [Repealed by 1993 c.350 6]

602.170 [Repealed by 1993 c.350 6]

602.180 Disposition of fees. (1) Except as provided in subsection (2) of this section, the State Department of Agriculture shall deposit all fees paid to it under this chapter into the Department of Agriculture Service Fund. Such fees are continuously appropriated to the department for the purpose of administering and enforcing this chapter, including release and publication of information and material to better acquaint the bee industry with the law and regulations promulgated thereunder.

(2) All moneys collected pursuant to ORS 602.090 shall be spent on pollinator research that is predominantly focused on honeybees. [Amended by 1961 c.177 7; 1979 c.499 16; 2015 c.744 3]

602.190 Designation of diseases; eradication and control programs; regulation of commercial use of diseased wax; rules. In order to prevent and control apiary diseases, the State Department of Agriculture:

(1) May designate diseases and conditions which threaten the honey bee population in this state.

(2) May establish by rule treatment programs designed to eradicate or control the disease or condition.

(3) May establish rules regulating commercial facilities which render diseased wax. [1989 c.738 2; 1993 c.350 4; 1993 c.742 63]

602.200 [1989 c.738 3; repealed by 1993 c.350 6]

602.210 [1963 c.65 4; 1989 c.738 12; repealed by 1993 c.350 6]

602.220 [1963 c.65 5; 1989 c.738 13; repealed by 1993 c.350 6]

602.230 [1963 c.65 6; 1989 c.738 14; repealed by 1993 c.350 6]

602.240 [1963 c.65 7; repealed by 1993 c.350 6]

602.250 [1963 c.65 8; repealed by 1993 c.350 6]

602.260 [1963 c.65 9; repealed by 1993 c.350 6]

602.270 [1963 c.65 10; repealed by 1993 c.350 6]

602.280 [1963 c.65 11; 1967 c.637 20; repealed by 1993 c.350 6]

602.300 [1989 c.61 2; repealed by 1993 c.350 6 and 1993 c.742 62]

602.900 [1989 c.738 4,17; 1991 c.734 53; repealed by 1993 c.350 6]

602.990 Penalties. Subject to ORS 153.022, violation of any of the provisions of ORS 602.090 or 602.190, or any rule adopted pursuant thereto, is a Class B misdemeanor. [Amended by 1993 c.350 5; 1999 c.1051 320; 2011 c.597 245]

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