OAR 603-052-0830: Commercial Potatoes Produced in Oregon to be Grown from “Certified Seed”

(1) As authorized by ORS 570.405 to 570.435, a control area is established for the protection of the Oregon potato industry against the introduction and spread of serious bacterial, fungal, viral, and nematode diseases of potatoes. Such control area includes all of the state of Oregon. (2) The following methods of control are declared to be proper methods to be used in the control area described in section (1) of this rule: (a) All commercial potato plantings in Oregon in excess of one acre in size shall be propagated from “certified seed” only; (b) All Oregon potato growers shall be responsible for obtaining proper certification documents or tags to verify that all seed potatoes used for potato propagation comply with this rule. Such documents shall be retained by the grower for one calendar year and shall be provided to the Oregon Department of Agriculture upon written request for such documentation. Such documentation shall include the total weight of certified seed potatoes received by the grower in questions, and shall be issued only by a legal certifying agency in the state or country of origin. Falsification of seed potato certification documents shall be deemed to be in violation of ORS 570.410; (c) Oregon Department of Agriculture officials may sample any potato seed lot for the purpose of testing and verification of compliance with “certified seed” only standards. Such department official may enter any potato field for the purpose of conducting inspections which may be required to carry out this rule; (d) Definitions: “Certified seed” shall be limited to seed which meets those standards established for “certified seed” by the representing agency officially recognized by the state or country of origin. (3) Exceptions to the “certified seed” only requirement may be permitted by the Director of the Oregon Department of Agriculture when availability of “certified seed” does not allow compliance with this rule. Such exceptional permit shall be obtained prior to planting. Specific requirements may be stipulated in the Director’s permit. (4) Any violation of this rule shall be deemed to be a violation of ORS 570.410 and may subject the violator to the penalty provisions of 570.990.