ORS 570.350: Traffic in infested or infected fruit prohibited; seizure; failure of owner to show fruit; sale to canneries and factories permitted.

(1) A person may not import into this state, transport within this state or sell or offer for sale by displaying in stores, in or at fruit stands, along public highways or in any other manner within this state fruit that is infested with any insect or other plant pest. The fact that any fruit bears the marks of scale, insects or disease or is worm eaten, in excess of tolerances permitted by the State Department of Agriculture, is prima facie evidence that the fruit is infested or infected. (2) If an inspector, or other authorized person of the department, making an inspection of fruit finds that the fruit does not meet the requirements of this section or of other provisions of law, the inspector or other authorized person shall place a seizure on the fruit and immediately serve written notice of the seizure upon the owner or person having possession. The owner or person having possession may not sell or dispose of the seized fruit or move the seized fruit from the place of location provided for in the notice of seizure without written permission from the inspector. The failure of the person in possession of the seized fruit to show the fruit in possession, or a written release signed by a person authorized by the department, is prima facie evidence that the owner or person having possession of the fruit at the time of seizure has violated the provisions of this section. (3) In addition to the penalties provided for in ORS 570.990, fruit seized for violation of this section shall: (a) Be disposed of by court order or by consent of the owner or person in possession; or (b) Be destroyed by the inspector making the seizure or by other persons authorized by the department, by burning or by other means that will completely eradicate the insect or other plant pest, without compensation to the owner, agent or person in possession of the fruit, if it reasonably appears to the inspector or other authorized person that the infestation presents an immediate danger of spreading the insects or other plant pests to orchard or farm crops in this state. (4) Infested or infected fruit may be sold to evaporators, fruit canneries, fruit product factories or other by-product factories if: (a) The fruit is used solely for the production of manufactured fruit products, beverages or other manufactured products or by-products; and (b) The nature of the infestation or infection is not such as to make the article of food or beverage manufactured from the fruit unhealthful or unfit for use as a food or beverage. (5) The sale of fruit under subsection (4) of this section is subject to grades and regulations adopted by the department. [Amended by 2015 c.203 §16]