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Oregon Department of Agriculture

Canola control area FAQs
What is canola?
Canola is an oilseed crop from plants in the mustard family (Brassicaceae). The members of the genus are collectively known as cruciferous vegetables, cabbages, or mustards. Common types of brassica used for food include cabbage, cauliflower, broccoli, Brussel sprouts, and radish. The term "Canola” is widely used to refer to rapeseed. Canola is a variety of rapeseed bred to have both low erucic acid and glucosinolates aimed at oil for human and livestock consumption as well as biodiesel production.
 
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How long has this been an issue?
In the past two to three decades, growers in the Willamette Valley and a couple other specific areas of Oregon started to develop vegetable seed production, including some brassica crops. Because this family of crops can potentially share diseases and pests, and can cross-pollinate if not carefully managed, the growers and seed companies developed protocols for production. Protocols included pinning (putting pins in a map to identify the location of fields for other growers), imposing isolation distances or buffers ranging up to three miles between fields, and tightly managing control of weeds.

Meanwhile, Willamette Valley grass seed growers had a need for rotational crops, especially broad-leaf, deep-rooted plants that could help break disease/pest cycles in grass seed fields. Legislative restrictions on field burning and a declining demand for grass seed led growers to seek alternative crops. These growers found that canola (the low erucic/gluco variety) is the best plant to produce high yield with minimal inputs, and lends itself to the same general equipment used in grass seed production. Growing canola for oil was the intent of these growers.

Vegetable seed producers have grown canola for seed in the Willamette Valley.

In the late 1990s and early 2000s, vegetable seed production started to flourish. Specialty seed growers feel that their management practices– which include using small plots highly managed for weeds and pinning fields to notify other growers of locations, buffer distances, and rotations– have created an ideal growing environment. They feel this would be threatened by the introduction of canola, arguing it would be grown on large scale, without the same management for rogue plants and concern for impacts on other growers.  Grass seed growers counter that they have no interest or intention in harming other growers and are open to various conditions for canola production.
 
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What happened in 2005?
The two sides could not come to agreement about co-existence and the Oregon Department of Agriculture (ODA) was asked to assist the parties in coming to some agreement. ODA started on this endeavor by seeking resources from the legislature to conduct research through Oregon State University to gain as much information as possible about co-existence issues surrounding these crops. The research took place over a three-year period, and the information and reports can be found at: http://cropandsoil.oregonstate.edu/bioenergy/overview
 
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What is a control district?
While the research was being conducted, ODA took a precautionary approach and set up "control districts" based on possible concerns with pest and disease menace issues. Within control districts, canola production was allowed only by permit from the ODA director. Permits were issued for the purpose of conducting OSU research in cooperation with growers under field conditions on plots ranging from five to 20 acres. Areas outside control districts are available to grow canola for oil production.

Because control districts affect what farmers can grow, ODA uses considerable care to ensure that the imposition is according to laws that protect for unmanageable pests diseases, or other menaces. ODA does not have authority to regulate what farmers may choose to plant for  purely "market" concerns.

In other words, foreign buyers for vegetable seeds can be very picky about seed purity, not wanting any canola intermixed with other brassica vegetable seeds. But ODA does not regulate for market specifications through control districts. Zero tolerance, if that is the buyer desire, is a market issue, not a regulatory issue — every seed purity tolerance (or regulation) in international trade allows for some inert, weed, etc., recognizing that 100 percent purity is virtually impossible.
 
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What did the research find?
These four main and sub-points of the research were identified in the 2006 Emergency Board authorization language:

  1. Understanding interactions between canola and other specialty seed and vegetable crops grown in Oregon. Key areas of information need include isolation distances, flower synchrony, pollen flow, local weather and topological needed conditions for canola and specialty seed production; need to better understand the threat of increased infestations of cabbage maggots and plant diseases on other vegetable crops.

  2. Development of potential management strategies for production of canola crops while protecting the specialty seed and vegetable crop industry

    • Need a well-developed GIS system to identify areas of least risk to locate canola field trials and potential sites for future production where conflicts with vegetable seed and seed production are minimized.

    • Need better understanding of how to design and maintain isolation zones.

    • Need to better understand problems of cross-pollination and weedy establishment of volunteers.

  3. Investigation of alternative oilseed crops that do not conflict with specialty seed and vegetable crop production. Need updated enterprise budget for growing oilseeds in no- or low-till production systems.

  4. Need a system to share oilseed information among researchers, industry, and agency personnel

There are no easy answers. Without doubt, crops in the brassica family must be isolated from each other and growers need to communicate where they are planted. Pests and diseases could be a concern if large acreages of any brassica are grown. However, what constitutes large acreages that could trigger pests and disease outbreaks is not easily identifiable. Vegetable growers are already managing for these issues. But rogue/wild varieties of mustard could be vectors for moving genes around. That’s why vegetable seed production in the central regions of the Willamette Valley arguably needs some extra precautions. The question is where the control district boundaries should lie.
 
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Where did the department originally draw the boundaries?
While the research was conducted, and out of an abundance of caution, ODA established a large area that included all counties in the Willamette Valley. This was later revised (2009) as a large rectangular boundary that made it easier to define location. The large boundary was drawn in an area that could clearly be articulated to those inside and outside the control district. Three other control districts were established, including one in central Oregon covering the counties of Crook, Deschutes, and Jefferson; one in Northeast Oregon covering Baker, Union, and parts of Wallowa counties; and one covering part of Malheur County bordering Idaho. Production of canola for oil  or seed in any of these areas requires a special permit.. All brassica seed production requires “pinning” and isolation distances between fields.
 
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What has changed?
Not much. The positions of grass seed growers wanting to plant canola and vegetable growers opposing it (also joined by clover, organic, and anti-GMO interests) have mostly remained entrenched. ODA has brought the parties together several times to attempt to reach agreement.
 
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Why is the rule now being changed, and what was the process?
The "canola rule" that was in effect while research was conducted was scheduled for review in 2012. Early in the year ODA brought the sides together again and proposed three alternatives:

  1. Leave the rule as is, excluding all canola from the Willamette Valley (although the continued justification for this is growing thin given the management alternatives available); 

  2. Do away with the rule entirely and leave the parties to work out the situation themselves with no ODA involvement or control area; or 

  3. Modify the boundaries to enable some canola production for oil in limited areas, away from the center of vegetable seed production. 

Option 1 continues the current large rectangular control district and excludes canola production. Option 2 might create a chaotic situation with no good communication tools for growers. ODA and the Board of Agriculture believe option 3 is the most viable for co-existence and mutual benefit of the parties.

Several meetings were held and common ground was found on tightening the boundaries, but not all parties agreed. ODA feels the parties need to move ahead on this issue for collaboration and co-existence. To enable all parties to have knowledge of planting decisions, a September deadline was established. ODA facilitated as much agreement as possible on new boundaries and filed an emergency (temporary) rule so it would become immediately effective for planting decisions this year.
 
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What is the justification for adjusting the boundaries?
After years of research, talking to growers and experts around the world, and evaluating the purpose of control districts, co-existence management strategies, and ODA statutory authority, the department concludes:

  1. There is justification for exclusion of canola/brassicas grown for oil production on large scale from much of the immediate vegetable seed growing areas. The proposed rule protects over 85 percent of the production areas where vegetable seeds have been grown in the past three years in the Willamette Valley. No changes are made to boundaries of the three other control districts.

  2. There is justification for allowing some canola/brassicas grown for oil in perimeters outside the new protected area or exclusion zone in the Willamette Valley. Due to rotation requirements, pinning/notification, and cropping preferences of growers, it is believed that acreage will not be sufficiently large to harm the vegetable seed industry in the protected zone.

  3. Co-existence is a situation that farmers have faced since agriculture began. It can be managed adequately with field buffer separation, pinning or other notification systems with neighbors so they know what each other is growing, good weed and pest control, management of planting dates and subsequent flowering times to minimize cross-pollination, and proper care of equipment and transportation of product.

In summary, growers have the right to decide what to grow on their land unless there is an imminent threat of disease, pest, or menace that may require an area-wide effort coordinated by ODA. Those situations are rare and the boundaries of restricted areas need to be justified and carefully evaluated. The department does not have authority to "control" for market perceptions. 

State Board of Agriculture policy statement on grower responsibilities and rights:
http://oregon.gov/ODA/docs/pdf/big_tent.pdf
 
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What does the rule say about genetically modified canola?
The rule does not address the production of genetically modified canola within the protected district. GM canola has been deregulated by the US Department of Agriculture. Through a strong regulatory framework, USDA thoroughly evaluates GM organisms to verify that they are just as safe for agriculture and the environment as traditionally-bred crop varieties. If that determination is made, it is USDA’s decision to deregulate the crop. It is not within the purview of ODA to address GM organisms, nor does the agency have the expertise and resources to review federal decisions on deregulations. Since canola has been deregulated by USDA, ODA does not differentiate between or treat conventional and GM canola differently.

ODA authority for control districts is based on protecting the agriculture industry from pests and diseases, including insects, animals, certain plants, or noxious weeds that may be a menace. Based on data analysis, USDA has determined that GM canola exhibits no plant pest characteristics: it is no more likely to become a weed than non-GM varieties; is unlikely to increase the weediness potential for any other cultivated or wild species with which it can interbreed; it will not cause damage to raw or processed agricultural commodities; and it will not harm threatened or endangered species or other organisms, such as bees, that are beneficial to agriculture. Consequently, GM canola may not be determined a menace that is within the ODA’s authority to control.

As part of the review, ODA reiterated that its legal authority to establish control areas is based on protecting the agriculture industry from diseases, insects, animals, plants, or noxious weeds that may be a menace. In addition, this authority must be exercised reasonably and justly. ODA authority for control districts does not extend to protecting agriculture from market based threats or concerns.
 
What are the significant changes regarding canola production under the new rule?
Under the rule, some canola production is allowed while establishing a rapeseed exclusion zone that encompasses a majority of specialty crop production. Most of the Willamette Valley remains a protected district, which has two zones. A majority of the specialty seed production remains in a rapeseed exclusion zone of nearly 2 million acres. Canola production is not allowed in that zone. A second zone of about 1.7 million acres located outside the exclusion zone allows the growing of canola but production is limited to a maximum annual total of 2,500 acres. Producers intending to grow canola are required to apply for a contract with ODA that contains specific requirements for managing canola. The rule also establishes a minimum for canola fields of 25 acres.

In general, ODA’s rule limits how much canola can be grown in the Willamette Valley, where it can be grown, and requires significant management practices to protect specialty seed production by controlling inadvertent spread of canola seed. It is important to note that the cap of 2,500 acres is a small fraction– less than 0.13 percent– of the nearly 1.9 million acres of farmable land in the valley.
 
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How do I know if my field is inside or outside the canola exclusion zone?
You can check field locations relative to the exclusion zone using the scalable map/satellite photo on ODA's website. Simply type in the location/address in the "find address" box and hit enter. Then you can zoom in and out using the (+) and (-) buttons. You'll note that individual fields are visible and the boundaries are along recognizable roads.

If your location is in the purple, you can't plant canola there. Purple is the canola-free zone. Outside the purple but inside the red box is the zone where limited canola will be allowed. Outside the red box is the general production area where canola is unrestricted.
 
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Can I plant canola this spring?
No, this spring ODA won't be issuing any contracts.  The rules require us to issue contracts by September 1, that is when it will become possible for growers to put in some canola outside the purple zone.
 
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How does the rule prevent rogue/wild canola from spreading?
The rule requires that all transport and handling of canola seed be done in suitable packaged, covered or sealed containers to prevent the inadvertent spread of seed or production of volunteer plants.  Transportation is limited to certain highways.  Producers are also required to clean up any volunteer or uncontrolled canola within a quarter mile of their fields.
 
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Does the proposed permanent rule have an enforcement component?
The rule does address enforcement. ODA has the authority to require destruction of any canola production that violates these rules.
 
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When does the rule go into effect?
The rule and its new boundaries go into effect immediately. ODA will award contracts for canola planting by September 1 of each year for requests received before July 15. Each contract will describe the responsibilities and obligations of the producer. Under this timeline, canola planting would take place no earlier than fall of 2013.
 
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Alternate format
Canola control area FAQs, pdf version.
 
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