Oregon Administrative Rules
Chapter 603 - DEPARTMENT OF AGRICULTURE
Division 52 - PEST AND DISEASE CONTROL
Section 603-052-0882 - 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.

(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) 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 may deny an application for the following reasons:

(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.