The goals of a biosecurity program are to prevent the introduction of disease onto the farm from outside sources, as well as prevent the transfer of disease within the farm environment. Biosecurity is not about building fences with razor wire, guarded gates, or water filled moats. It is about how you can protect your operation from profit robbing diseases. The costs of a biosecurity program are minimal while the benefits are great. Biosecurity is a way of thinking and it should be a top priority when planning and making important management decisions. 

Develo​p a plan

Biosecurity requires a plan. The concept of avoiding or preventing the introduction of disease requires some thinking and planning in order for the results to be successful. No two biosecurity plans are exactly the same since no two properties or production units are exactly alike. Keep in mind that biosecurity is basically an economic decision. That is, there is a cost related to certain diseases in your animals or crops, and there is a cost to preventing them. A good plan will be useful and allow an operation to be profitable while the biosecurity plan is being implemented. It is important to consult with your veterinarian or crop health professional so that your efforts will be effective.

Identify risks

The following factors constitute disease exposure (or biosecurity risks):

• Risks related to animals
  
• Risks related to seed and other plant material
  
• Risks related to mechanical traffic and/or human traffic
  
• Risks related to feeds from off-site sources
  

Fundamental points common to all biosecurity programs

• Observe your animals and crops daily for signs of disease.
  
• Be aware of unusual events or behavior changes in your animals.
  
• Minimize contact with animals belonging to others.
  
• Know the health status and disease control programs of any herd or flock from which you buy animals.
  
• Screen visitors who are in contact with your animals and crops.
  

Technical assistance 

Oregon Department of Agriculture
State veterinarian
635 Capitol St. NE 
Salem, OR 97301-2532 
Phone 503-986-4680 
Web oregon.gov/ODA/AHID

Plant Health Programs
Phone 503-986-4620
Web oregon.gov/ODA/CID/PLANT_HEALTH           

US Department of Agriculture
Area veterinarian in charge
Phone 503-399-5871 

Plant Protection and Quarantine Program
Phone 503-326-2814            

The use of certain methods and techniques to kill predatory animals may require permits 

The use of propane cannons, however, is a non-regulated activity in exclusive farm zones, meaning no agency has legal authority to prohibit or license activities that create noise.

Note: See section on “Right to Farm”

However, the use of a propane/noise cannon needs to be conducted in a reasonable and prudent manner, and to be generally accepted as a practice for which it is being used. Farmers employing noise cannons should use best management practices, monitor and move the cannons, and mix other control methods into the process so birds do not become acclimated.

Noise cannons can create conflicts with neighbors. Visit the ODA website for tips on being a good farm neighbor.

Web oregon.gov/ODA/docs/pdf/Good_Neighbor.pdf

Oregon Winegrowers Association offers best management practices (BMPs) for use of propane cannons in wine grapes.

Web oregon.gov/ODA/d​ocs/pdf/BirdPractices.pdf​

Permit​​s and licenses

Livestock owners or landowners are required to have an aerial hunting permit before killing coyotes from an aircraft. This permit is issued by the Oregon Department of Agriculture (ODA), Animal Health Program, 503‑986‑4680.

A pesticide applicator license may also be required if a farmer or rancher intends to use certain EPA/ODA registered pesticides to control vertebrate animals. Contact the Oregon Department of Agriculture Pesticides Program, 503-986-4635.

Hazing any wildlife using agricultural fireworks requires a permit from the Office of the State Fire Marshal, Bureau of Hazardous Materials, 503-378-2885.

Permits to kill game animals causing damage to agricultural crops and property are issued by the Oregon Department of Fish and Wildlife, 503-229-5454, ext. 467 or ext. 478.

Resou​​rces

The US Department of Agriculture Animal and Plant Health Inspection Service (APHIS), Wildlife Services (USDA/WS) provides recommendations to the US Fish and Wildlife Service for federal permits to take (kill) protected migratory birds that are damaging agricultural crops or property.

USDA/WS provides demonstrations, loan or sale of supplies and equipment to haze (scare) migratory birds, and makes recommendations to the Office of the State Fire Marshal regarding issuance of permits for agricultural use of fireworks.

Additionally, USDA/WS provides resources to farmers or ranchers and residential property owners regarding wildlife damage management. USDA/WS provides direct control activities in some counties. USDA/WS also provides recommendations to farmers or ranchers; property owners; and federal, state and municipal land managing agencies regarding field rodent damage control. The program may provide control or technical assistance (extension/education) activities to those having property loss by field rodents (ground squirrels, gophers, moles, beaver, nutria, etc.) depending on county funding. USDA/WS also conducts control activities (e.g., bird control, predator control, etc.).

Com​​pliance

Contact USDA/WS and request assistance before taking control measures. USDA/WS will respond to the request and make recommendations based on demonstrated need. Special permits may be needed in some circumstances. The landowner is responsible for complying with all applicable state and federal laws or regulations and conditions of the permit. USDA/WS is available to explain these laws to agricultural producers. USDA/WS may be contacted at 503-326-2346.

Reco​r​d keeping

Licenses issued by the respective agencies outline the required record keeping requirements.

Safety and training

The Office of the State Fire Marshal has specific responsibilities regarding storage and use of fireworks for protection of agricultural crops. USDA/WS provides assistance and training in the safe and proper use of all wildlife damage control methods and techniques, including fireworks.

The Oregon Department of Agriculture has regulatory authority for all pesticides registered and used for wildlife damage management. Several other sources of information for safety and training are available as well, including the OSU County Extension Offices and ODA Pesticides Program.

Technical assistance 

US Department of Agriculture
Animal and Plant Health Inspection Service (APHIS) 
Wildlife Services (USDA/WS) 
David E. Williams 
6135 NE 80th, Suite A-8 
Portland, OR 97218 
Phone 503-326-2346 
Web www.aphis.usda.gov/wildlife_damage

Pesticide registration
Oregon Department of Agriculture
Pesticides Program
635 Capitol St. NE 
Salem, OR 97301-2532 
Phone 503-986-4635 
Web oregon.gov/ODA/PEST 

Fireworks permits
Oregon Office of the State Fire Marshal
Bureau of Hazardous Materials
Phone 503-378-2885          

25 x​ ‘25

25 x ‘25 is a broad coalition of business, conservation, and government representatives who share the following vision: by 2025, America’s farms, forests and ranches will provide 25 percent of the total energy consumed in the United States, while continuing to produce safe, abundant, and affordable food, feed, and fiber.

Web​ 25x25.org

Energy e​ff​iciency

As fuel and power costs rise, most growers are exploring opportunities to save energy. A variety of programs and technologies are available to reduce energy use for different components of agricultural operations. No-till or reduced tillage offers fuel savings in addition to benefits to soil quality. Precision farming equipment can reduce both fuel and fertilizer use. In addition to changing to more efficient irrigation equipment, management strategies such as soil moisture monitoring and frequent nozzle inspection and replacement can help reduce energy use from irrigation. Livestock buildings, agricultural processing facilities, and greenhouses can save energy by replacing lighting, switching to more efficient heating and cooling systems, and other strategies.

Biom​ass a​nd biofuels

A variety of agricultural crops and by-products can generate heat, electricity, and fuel. Oilseed crops can be crushed and converted to biodiesel, and corn can be processed to produce ethanol. Several biofuel companies and researchers are refining technologies to produce cellulosic ethanol, pellets, and electricity from materials such as grass straw, poplars, and biosolids. Livestock manure, crop residues, and food processing by-products can be used in methane digesters. Wood waste from nursery clippings, poplars, junipers, and forest slash materials can power boilers to generate heat and electricity.

Solar energy

Solar energy systems work well across Oregon, which receives as much sun as the national average. Photovoltaic (PV) systems generate electricity for a variety of home and business uses. In agriculture, growers may be able to use PV systems to power pumps for irrigation and livestock watering, supply electricity to buildings, heat water, and charge electric fencing. “Passive solar” buildings can also be designed to maximize heating with solar energy.

Hydropow​er

Small hydroelectric or micro-hydro systems may be installed in irrigation ditches as well as streams. Water may be diverted by pipe (called a penstock) or channel to a turbine, generating electricity. Small hydro projects are generally highly efficient once installed. The permitting process to install small hydro projects has been streamlined for many cases, but it still can be fairly extensive compared with other types of renewable energy.

Win​​d

Oregon farms and ranches host large-scale wind power developments, and can also use smaller wind turbines to supply power to their own operations. Turbine output depends heavily on wind speeds, both at your site and at the specific height of the turbine. Wind power is generally economical only if your site has an average wind speed of 10 miles per hour or more. Several websites can help you determine if wind power may be an option at your operation:

Energy Trust of Oregon has a wind mapping tool on its website.

Web​ energytrust.org​

Geoth​​​ermal

Geothermal wells deliver steam or hot water to the ground surface, which can be used for heating or electricity generation. Geothermal heat pumps can also be used for heating at the home and farm scale. Examples of agricultural uses of geothermal energy include heating greenhouses, heating processing water, or heating a fruit or vegetable drying facility.

Geothermal resources exist in parts of central, eastern, and southern Oregon. The Oregon Institute of Technology has a list of known geothermal resources online.

Web​ geoheat.oit.edu/oregon.htm

Ince​n​tive​​s for energy projects

Oregon’s Energy Incentive Program is administered by the Oregon Department of Energy. The program offers competitive grants for renewable energy projects, tax credits for qualifying conservation projects under $20,000 in cost, and competitive tax credits for conservation projects above $20,000 in cost.

Web oregon.gov/ENERGY

The Energy Trust of Oregon provides incentives and support to help businesses install qualified energy efficient equipment and install certain renewable energy projects. Oregon customers of Pacific Power, Portland General Electric, NW Natural Gas, and Cascade Natural Gas are eligible for efficiency projects. Oregon customers of Pacific Power and Portland General Electric are eligible for renewable energy projects connected to the Pacific Power or PGE power grid. For more information, call Energy Trust.

Toll-free​ 1-866-368-7878
Web​ energytrust.org

USDA Rural Development’s Rural Energy for America Program offers competitive grants for up to 25 percent of the costs of energy efficiency and renewable projects, as well as guaranteed loans for up to 50 percent of project costs. For more information, contact the USDA Rural Development Office at 503-414-3366 in Portland or in Pendleton at 541-278-8049 x129.

Web​ rurdev.usda.gov/ORbcp_energy.html

Oregon’s biomass credit offers per-unit incentives for eligible biopower and biofuel feedstocks. More information and application forms are available on the Oregon Department of Energy’s website.

Web​ oregon.gov/ENERGY

The Oregon Department of Energy offers loans for renewable energy and energy efficiency projects, as well as use of recycled materials to create products and projects that use alternative fuels. Loan amounts typically range from $20,000 to $20,000,000.

Web​ oregon.gov/ENERGY

A variety of federal tax credits are available for energy efficiency and renewable energy projects. For example, there is a 30 percent federal investment tax credit for solar and small wind projects.

Web​ dsireusa.org

For more information

Oregon Department of Energy
Web oregon.gov/ENERGY

25 X ’25
For inquiries regarding agricultural, forestry, and conservation sector involvement, please contact
Ernie Shea
Email eshea@25x25.org
Web 25x25.org

• Open land used for agriculture is a vital natural and economic asset for all the people of the state. 
  
• Preservation of a maximum amount of agricultural land, in large blocks, is necessary to maintain the agricultural economy of the state and for the assurance of adequate, healthful, and nutritious food. 
  
• Expansion of urban development in rural areas is a public concern because of the conflicts between farm and urban activities.
  
• Incentives and privileges are justified to owners of land in exclusive farm use zones because such zoning substantially limits alternatives to the use of rural lands.
  

Statewide Planning Goal 3, “Agricultural Lands” requires all agricultural lands to be inventoried and preserved by adopting exclusive farm use zones. Local counties are responsible for planning and zoning, subject to approval by the Oregon Department of Land Conservation and Development (DLCD). Allowable non-farm uses are incorporated into local zoning regulations.

​Definition of farm use (ORS 215.203)

Farm use means the current employment of land primarily for obtaining a monetary profit by raising, harvesting, and selling crops; feeding, breeding, managing, and selling livestock, poultry, fur-bearing animals, and honeybees; dairying; or any other agricultural or horticultural use. Farm use also includes the preparation, storage, and disposal by marketing or otherwise of the products or by-products raised on such land for human or animal use. The definition includes land lying fallow for one year as a normal and regular requirement of good agricultural husbandry; land planted in orchards or other perennials prior to maturity; any land constituting a woodlot of less than 20 acres contiguous to and owned by the owner of land classified for farm use; dry or water covered wasteland in or adjacent to land in farm use; land under dwellings or buildings supporting farm practices; or land used for processing crops from the farm into biofuels to be used on the farm or neighboring farms. Farm use also includes the stabling or training of equines (horses, mules, etc.) along with riding lessons and training clinics; the propagation, cultivation, maintenance, and harvesting of aquatic bird or animal species as allowed by the state Fish and Wildlife Commission. Farm use does not include land subject to timber assessment under, ORS Chapter 321, except for Christmas trees and poplar farms.

Eligibility for special tax use zoning

To be eligible for preferential farm value, the land must be employed in a farm use as described in, ORS 308A.056. For lands located outside an exclusive farm use zone, the landowner must file an application with the county assessor by April 1 of the first year in which such assessment is desired. Applications for farm use special assessment are only necessary in non-EFU zones.

Note: Refer to the “Property Tax Special Assessment” section of this handbook for more information.

Limitation on restrictions by governing bodies

No state agency, city, county, or political subdivision may enact local laws or ordinances, restrictions or regulations that would restrict or regulate farm structures or accepted farming practices because of noise, dust, odor, or other materials carried in the air, arising from farm operations in farm use zones, that do not extend into an adopted urban growth boundary, unless the practice affects the health, safety, and welfare of the citizens of the state. (ORS 215.253)

Nuisance complaints

State law requires a county governing body or its designate to apply a condition of approval of a single-family dwelling, that the landowner of the dwelling sign a statement declaring that the landowner will not complain about accepted farming or forest practices on nearby lands devoted to farm or forest use (ORS 215.293). Farm operators may want to contact their county planning department regarding this requirement if nuisance complaints are increasing as a result of new single-family dwellings near exclusive-use farm land. Additionally, the 1993 Oregon Legislature passed “right-to-farm” provisions (see Chapter 792, Oregon Laws 1993, ORS 30.930-30.947), which protect acceptable farming practices from nuisance suits. Contact the Oregon Department of Agriculture (Jim Johnson, 503-986-4706) for information on the right-to-farm law.

Another option for resolving nuisance complaints is mediation. Contact the Oregon Department of Agriculture Farm Mediation Program (800-347-7028) to discuss this alternative. Mediation is a voluntary process involving a third-party mediator who facilitates discussions and seeks potential resolutions to the disputes of the parties.

Note: For more information see the “Oregon Farm Mediation Program” section of this handbook.

Permitted non-farm uses on EFU l​and (ORS Chapter 215)

All rural landowners should contact their county planning department prior to siting or building any structure or starting any non-farm use activity. Non-farm uses require prior approval by the respective county. Fines may be levied by the county if prior approval is not obtained.

Certain non-farm uses may be allowed, and their approval standards are incorporated into local zoning regulations; additional approval standards may apply to non-farm use on high value farmland.

Technical variations exist between counties, so contact your county planning department or Department of Land Conservation and Development (DLCD), 503-373-0050, for details. The following types of non-farm uses, among others, are generally allowed in exclusive farm use zones except that some uses (*) are not allowed on “high value” farmland (ORS 215.710):

• Public or private K-12 schools serving rural communities* 
• Forest product propagation and harvesting
• Dwelling for farm use
• Farm buildings
• Farm stands
• Mineral exploration and mining
• Farm-worker housing
• Land based application of reclaimed water for farm use
• Winery
• Private playgrounds or campgrounds*
• Dog kennels
• Room and board services (five guest limit) in existing residences
• Home occupations including bed and breakfasts
• Commercial activities in conjunction with farm use including biofuels
• Churches and cemeteries*
• Utility service
• Geothermal exploration or production
• Community centers for rural communities
• Replacement of an existing dwelling
• Landscaping business in conjunction with a nursery
• Guest ranches in Eastern Oregon
• Siting for solid waste disposal*
• Creation or restoration of wetlands
• Private hunting and fishing preserves*
• Golf courses*
• Small scale crop processing facility including biofuels
  

Other on-farm acti​vities

The 2011 Oregon Legislature amended Oregon land use law to provide for farm-related events on farmland under certain circumstances. The following is a summary of the legislation that passed. Because much of what was established is optional, one should contact their local land use planning official to determine the applicability in their county.

SB 960 Agri-t​ourism

Expands the opportunities for farmers to supplement their farm income with agri-tourism activities, and other commercial events that are related to and supportive of agriculture, in compliance with county approvals and permits.

Web leg.state.or.us/11reg/m​easpdf/sb0900.dir/sb0960.en.pdf​

HB 3280 Expands on-site winer​y activities

Allows wineries to market and sell wine produced in conjunction with the winery and to conduct associated events and activities. Authorizes up to 25 days of events. Creates a new “large winery” category, with greater number of events and food service available. (Sunsets December 31, 013)

Web leg.state.or.us/11reg/measpdf/hb3200.dir/hb3280.en.pdf

Technical assistance

Oregon Department of Land Conservation and Development
Katherine Daniels
Farm and Forest Lands Specialist
635 Capitol St NE, Suite 150
Salem, OR 97301-2540
Phone 503-373-0050 ext 329
Fax 503-378-5518
Email katherine.daniels@state.or.us
Web oregon.gov/lcd

DLCD regional representatives
Farm and Forest Lands Specialist
Katherine Daniels 503-373-0050, ext 329

Central Oregon
Phone 541-325-6927

Central Willamette Valley
Phone 971-239-9453

Clackamas and Multnomah counties
Phone 971-725-2183

Columbia and Washington counties
Phone 503-725-2182

Eastern Oregon
Phone 541-962-3982

North Coast
Phone 541-812-5448

Northern Willamette Valley
Phone 503-373-0050, ext 259

South Coast
Phone 541-574-1584

Southern Oregon
Phone 541-414-7932

Mediation offers a way to bring people together to resolve differences outside the courtroom. This is one of the most beneficial things about mediation-bringing all interested parties to the table at the same time-saving everyone time and money. Mediation is conducted by trained, professional mediators who know how to help people resolve problems.

When to con​sider mediation

If you are having problems with any of the following types of ag-related disputes, mediation may be a way to resolve the situation:

• Nuisance complaints
• Boundary disagreements
• Trespass situations
• Labor or wage disputes between ag employer and employee(s)
• Sales agreements or contracts
• Landlord or tenant issues
• Multiple party agreements
• Partnership dissolution
• Family farm transfers
• Shared irrigation water lateral ditches
  

What does it cost?

The Oregon Farm Mediation Program provides professional mediators for agricultural and rural disputes at $30 per hour, per party.

Technical assistance

Oregon Department of Agriculture
Farm Mediation Program
Stephanie Page
635 Capitol St NE
Salem, OR 97301-2532
Phone 800-347-7028
Web oregon.gov/ODA/Pages/mediation.aspx

Types o​f farm scales covered

The licensing requirement applies to all types of weighing devices or scales used on a farm for commercial purposes. Types of scales may include, but are not limited to, roadside stand produce scales, feed, seed, or fertilizer scales, livestock and animal scales, and truck scales.

Exemptions

Scales that are located on a farm or ranch but are not used for any commercial purpose are not covered by licensing requirements.

Licensing period

The annual license period for scales and weighing devices in Oregon is July 1 through June 30 of the following year. Scales are to be licensed prior to use. Annual renewal notices are mailed out each year in mid-May, preceding their June 30 expiration date. Farm or ranch scales licensed for use beginning other than July 1, pay the full annual license fee. There is no prorating of fees for scales licensed midyear, since the cost of official field certification remains the same.

Penalty fee for d​elinquent renewals

ORS 561.300 provides for the Oregon Department of Agriculture to collect a delinquent renewal penalty fee if the licensee fails to renew the license before the 60th day after the license expiration date. Renewals cannot be processed until delinquent fees are paid.

Scale license fee amounts

Annual scale license fees are based on the scale manufacturer’s rated weighing capacity of the system, not a lesser “used” amount.

All scales approved for commercial use in Oregon must meet National Institute of Standards and Technology Handbook 44 requirements for commercial weighing and must have an active National Type Evaluation Program (NTEP) Certificate of Conformance unless otherwise exempted. In addition, any device put into commercial use must be licensed and must have a “Placed in Service” report filed with the Weights and Measures Program. “Not-legal-for-trade” weighing devices are not intended by their manufacturers to be used commercially and cannot be accepted in Oregon. 

The necessary test equipment and standards to perform adequate performance tests of all scales are not continuously available in all parts of Oregon all months of the year. Scales that cannot be certified when the appropriate agency equipment is in the area may have to wait until the next visit. If a scale test is required on a more frequent basis, such as to satisfy USDA Grain Inspection Service or Packers and Stockyards Administration requirements, the testing may be done by a qualified scale company, at the scale owner/operator’s expense.

Repair or replacement

If a farm or ranch scale is tagged with a “repair notice order” or “stop use order” following an agency inspection, it will need to be corrected within the time specified. If it cannot be corrected within the time specified, or if it is not able to be repaired, it must be replaced or permanently taken out of service. Current scale licenses can be transferred to replacement devices.

Technical assistance

Oregon Department of Agriculture
Measurement Standards Program 
635 Capitol St NE 
Salem, OR 97301-2532 
Phone 503-986-4670 
Fax 503-986-4784 
Web oregon.gov/ODA/MSD

In Oregon, there are approximately 90 school districts out of 187 that indicate that they are purchasing Oregon agricultural products in addition to milk. These 90 districts serve over 65 percent of the school-aged children.

How do you find a school intere​sted in buying locally produced foods?

FoodHub boasts a list of over 230 pre-schools, K-12 schools, colleges, and health care facilities interested in purchasing locally. Logon for free and start meeting schools interested in purchasing locally.

Web foo​d-hub.org​

What locally produce​d foods ar​e schools buying?

Everything! Many farm to school efforts start off with schools purchasing fresh fruits and vegetables directly from neighboring farmers. Schools want fresh and minimally processed fruits and vegetables, as well as multi-ingredient menu items. Increasingly, schools are interested in locally produced grains, beef, and seafood.

How do schools define “local” for the purposes of buying local?

It is at the discretion of each school to define local. In Oregon, some schools define local as within 20 miles, others within in the county, and some larger districts use “the Pacific Northwest” to include Oregon, and parts of Washington and Northern California.

USDA Farm to School Initiative
Web http://www.fns.usda.gov/cnd/f2s

Oregon Department of Agriculture
Farm to School Program
Michelle Markesteyn Ratcliffe 
Phone 503-872-6600 
Email mmarkesteyn@oda.state.or.us           

Definitions

Commercial motor vehicle

• A truck and/or trailer combination with a gross weight, GVWR or GCWR of 10,001 pounds or more
  
• A vehicle of any size that is used to transport a hazardous material requiring placarding
  
• A bus designed to transport more than 15 persons, including the driver.

Interstate commerce

• To operate across state lines, including international boundaries
  
• To operate wholly within a state as part of a through-movement that originates or terminates in another state or country
  

The first requirement is to obtain a USDOT number, one per legal entity, and mark that on the vehicle(s) used in interstate commerce. You may obtain a USDOT number for free online.

Web fmcsa.dot.gov/registration-licensing/registration-licensing.htm

The FMCSR has several parts, each covering a separate subject, including qualification of drivers, working and driving limitations for drivers, parts and accessories necessary for safe operation of vehicles, inspection of vehicles, repair and maintenance requirements for vehicles, and specific rules for transporting migrant farm workers (additional equipment and inspections are required for vehicles used to transport migrant farm workers).

Note: Also see the sections on “Migrant and Seasonal Agricultural Worker Protection Act,” “Federal hazardous materials regulations,” and “Pesticide use, distribution, transportation, and storage” regarding the transport of hazardous materials.

Additionally, under some circumstances a commercial drivers license (CDL) and drug and alcohol testing may be required. Anyone who operates a CMV over 10,000 pounds in interstate commerce must have a valid medical card in his/her possession that meets USDOT requirements.

US Department of Transportation
Federal Motor Carrier Safety Administration
530 Center St NE, Suite 440 
Salem, OR 97301 
Phone 503-399-5775 
Fax 503-316-2580 
Web www.fmcsa.dot.gov           

USDOT number registration
Web www.fmcsa.dot.gov/registration-licensing

Safety status by USDOT number
Web www.safer.fmcsa.dot.gov

Education and Technical assistance
Web www.fmcsa.dot.gov/safety-security/eta

The 2009 Oregon Legislative Assembly passed Senate Bill 528, changing how field burning is conducted in the Willamette Valley. 

These changes include:

• The reduction of acres that can be burned from 65,000 acres annually to 15,000 acres annually. Of these 15,000 acres, only identified species (specific varieties of grass seed residue) can be burned.
  
• Stack burning and propane flaming will be allowed through 2012 only.
  
• Fees to register acreage for burning are increased from $2.00 per acre to $4.00 per acre.
  
• Fees to burn registered fields are increased from $8.00 per acre to $20.00 per acre (In 2012, the $16.00 per acre fee increased to $20.00 per acre).
  
• Burning can no longer be conducted in Benton, Lane, and certain portions of Linn counties.

Current law regulating field burning can be found in, ORS 468.550 and administrative rules 603-077-0101 through 603-077-0195.

Each year in March, growers are required to pre-register all acreage to be burned with the ODA Smoke Management Program. Once field burning commences (generally in mid-July) growers must obtain a permit in order to burn their fields. If a grower is new to the program, he or she can receive more information by calling the Smoke Management Program at 503-986-4701.

During the summer field burning season, ODA closely monitors Willamette Valley weather conditions. ODA issues field burning permits when it is anticipated that weather conditions are conducive for smoke dispersal to accommodate a maximum amount of burning with minimal impact to the public.

Co​mpliance

Grass seed growers must comply with the following:

• Register each field and pay appropriate fees
  
• Obtain field burn permits prior to any burning
  
• Notify their local fire district of intent to burn
  
• Monitor the smoke management radio network for authorization or prohibition of burning
  
• Burn only specific fields at specific times as directed by ODA
  
• Prepare fields as required prior to burning
  
• Have proper fire fighting equipment on site prior to burning
  
• Execute burning in a timely fashion
  
• Provide advance warning signage and flaggers on roadways near field burns as appropriate
  
• Extinguish fires when directed by ODA
  

Record kee​ping

ODA keeps records of registration, mapping of registered acreage, issuance of burn permits, weekly burn reports, receipt and processing fees, meteorological conditions, and authorizations or prohibitions.

Safet​y and training

Each grower must prepare firebreaks prior to burning and have the required fire-fighting equipment on site prior to burning. Growers should be familiar with smoke management and state fire marshal rules and regulations.

Inspections

ODA employs field inspectors to ensure program compliance through on-site visits, document review, and complaint investigation. Violations may involve verbal or written warnings, or civil penalties up to $100,000 depending upon the severity of the violation.

Fee ​schedule

Registration for open field burning

• $4.00 per acre
• $2.00 per acres for propane flaming
• No registration fee for stack burning

Burn fees

• $16.00 per acre for open field burning
  
• $4.00 per acre for propane flaming
  
• $10.00 per acre for stack burning
  

Technical assistance

Questions regarding field burning, propane flaming, stack burning, rule interpretation, fire safety buffer zones, and problem resolution can be directed to the Smoke Management Program, Oregon Department of Agriculture.

Oregon Department of Agriculture
Smoke Management Program
635 Capitol St NE
Salem, OR 97301-2532
Phone 503-986-4701

Oregon Seed Council
494 State St, Suite 220
Salem, OR 97301
Phone 503-585-1157

Office of the State Fire Marshal
4760 Portland Road NE
Salem, OR 97305-1540
Phone 503-378-3473

Oregon State University
Crop and Soil Science Department
Crop Science Building, Room 107
Corvallis, OR 97331-3002
Phone 541-737-2821

Grants are cyclical; they come and go in funding cycles. The Oregon Department of Agriculture grant webpage lists resources on agriculture-related grants, loan information, and business plan assistance.

Pay attention to the funding cycle of a grant. Grant notices may stay on the website even though the application period may be expired. This will allow you to learn of the grant, see the requirements and specific criteria, and prepare for the next round of competition if it is something that fits your situation. Please note that ODA does not administer most of these grants.

Technical assistance

Business assistance

Oregon Department of Agriculture
Market Development Program
Phone 503-872-6600
Web oregon.gov/ODA/ADMD

Information on grants and tax credits

Web oregon.gov/ODA/Pages/grants.aspx

The Oregon Farm Bureau offers a Farm Employer Education and Legal Defense Service (FEELDS). FEELDS helps members with farm labor law compliance and then provides legal representation should a legal proceeding be initiated against the member. For details on this member-service program call 503-399-1701, ext. 316

Web oregonfb.org/programs/farm-employer-education-legal-defense-service-feelds

Technical assistance

Oregon State Bar
Referral and Information Services
Phone 503-684-3763 or 800-452-7636
Web lawyers.findlaw.com or osbar.org

Frequently asked questions

Many resources are summed up in this necessary first-read online document

Web ​​oregon.gov/ODA/docs/pdf/SoYouWantobeaFarmer.pdf

Resou​rces

FoodHub

FoodHub is an online marketplace that can help buyers and sellers, of all sizes, identify one another. FoodHub can be very valuable to small farmers lacking the resources to make themselves known to a wide variety of potential buyers.

We​b food-hub.org​

 

OSU Small Farm Program resources and workshops

Web smallfarms.oregonstate.edu/growing-farms-workshop-series​

Web extension.oregonstate.edu/sorec/farms​

 

USDA Transition Incentives Program 

The USDA Transition Incentives Program (TIP) provides up to two additional Conservation Reserve Program (CRP) annual rental payments to a retired or retiring owner or operator of land under an expiring CRP contract. The land must be sold or leased to a non-family member beginning or socially disadvantaged farmer or rancher for the purpose of returning some or all of the land to production using sustainable grazing or crop production methods.

Web fsa.usda.gov/Internet/FSA_File/tipfactsheet.pdf​

Web fsa.usda.gov/Internet/FSA_File/tippresentation.pdf​

 

Oregon farmers’ markets

Web oregonfarmersmarkets.org​

 

Small plot intensive farming

Web spinfarming.com​

Grants

 

Western Region Sustainable Ag Research and Education project grants (SARE)

With a farmer/rancher grant, one or more agricultural producers develop a proposal to conduct research or on-farm demonstrations and educational outreach in an area of sustainable agriculture with assistance from an agricultural or natural resource professional, who serves as a technical advisor. The goal is to achieve results that can be communicated to producers and professionals-information that can improve income, the environment, communities, and quality of life for all citizens. Farmer/rancher grant applications are due in December.

Web wsare.usu.edu/grants​

 

Value-added producer grant (VAPG)

This grant is intended to help independent agricultural producers enter into value-added activities. The grant can be used to fund one of the following two activities:

• Planning activities needed to establish a viable value-added marketing opportunity for an agricultural product (e.g. conduct a feasibility study, develop a business plan, develop a marketing plan, legal work)
  
• Working capital to operate a value-added business venture that will allow producers to better compete in domestic and international markets
  

Renewable energy projects are also eligible for this funding (planning or working captal projects). This grant is very competitive. For more information, please contact:

Martin Zone
USDA Rural Development
1201 NE Lloyd Blvd, Suite 801
Portland, OR 97204-3222
Phone 503-414-3361
Email martin.zone@or.usda.gov​
Web rurdev.usda.gov/ORvapg.html

 

Lo​an prog​rams

Farm Credit Services Young and Beginning Farmer Program

Web farm-credit.com/Default.aspx?pageid=355​

 

Whole Foods Local Producer Loan Program

Web wholefoodsmarket.com/values/local-producer-details.php​

 

USDA Farm Service Agency farm loans

Web fsa.usda.gov/Internet/FSA_File/loans11.pdf​

 

Other agricultural lenders

Web oregon.gov/ODA/Pages/pub_credit.aspx​

​Technical assistance

Oregon Department of Agriculture

Web oregon.gov/ODA/Pages/new_small_farms.aspx​

 

Marketing assistance

ODA Market Development Program
Phone 503-872-6600
Email agmarket@oda.state.or.us​

 

Food safety assistance

ODA Food Safety Program
Phone 503-986-4724
Email fsd-expert@oda.state.or.us​

This nonprofit, volunteer led program is a project of the Oregon Agricultural Education Foundation and partially funded through a partnership with the Oregon Farm Bureau, the Oregon Department of Parks and Recreation, OSU Libraries’ Special Collections and Archives Research Center, and the Oregon Historical Society, with additional support from the Oregon Department of Agriculture, various county farm bureaus, agricultural associations, agri-businesses, and individuals. Successful applicants receive a special certificate, acknowledged by the governor and signed by the director of the Oregon Department of Agriculture. A colorful roadside sign, identifying the family century farm or century ranch is also available. In 2007, the program introduced a sesquicentennial award to honor families who have sustained their family farms or ranches for 150 years or more. The first sesquicentennial awards were given to 14 families on Oregon’s Statehood Day, February 14, 2008. For further information or to request an application for the sesquicentennial award, please contact the Century Farm & Ranch program at 503-400‑7884.

Qualifications for century farm or ranch

1. Only the legal owner(s) of the property may apply for the Century Farm or Century Ranch honor.
2. Your farm or ranch must have been operated continuously in the same family for 100 years or more. A farm or ranch settled any time 100 years ago or earlier will be eligible if it meets other requirements.
3. The farm or ranch must have a gross income from farming or ranching activities of not less than $1,000 per year for three out of the five years immediately preceding the application.
4. You must live on the farm or ranch, or if you live off the property, you must actively manage and direct the farming or ranching activity on the land. If the entire farm or ranch has ever been rented or leased, it may not qualify.
5. The line of ownership from the original settler or buyer may be through children, siblings, or nephews and nieces. Adopted children will be recognized equally with other descendants.
6. Applications must be submitted on official forms provided by the Century Farm & Ranch Program with all questions completed. Applicants may submit additional descriptive information or other family history details not specifically requested in the application (two or three pages of narrative). Copies of historical photographs are encouraged. All information, including photos, will be retained by the program for future reference or research.
7. Applications must include verification of continuous ownership for 100 years. Acceptable forms of proof include a document (either original or photocopy) showing date of earliest ownership. This may be provided through a donation land claim, deed of sale, or homestead certificate. Other records, subject to review, include family Bible, diary entry, or correspondence.
8. Applications must be signed and certified by a notary public.
9. Deadline for returning applications is June 1 of the current year. All applications postmarked by midnight of that date will be considered.
   

Fees for century farm or ranch

A $250 non-refundable fee is required with each application. This fee covers administrative costs and includes one certificate and one road side sign. Additional certificates may be ordered at the time of application @$20 each. Make checks payable to Oregon Agricultural Education Foundation or OAEF.

Technical assistance

Century Farm & Ranch Program
Sharon Leighty, program coordinator
3415 Commercial St SE
Salem, OR 97302
Phone 503-400-7884
Email cfr@oregonfb.org​
Web oregonfb.org/programs/century-farm-ranch

Oregon Agricultural Education Foundation
Janice Reed, Director
Phone 503-399-1701
Email janice@oregonfb.org​

Technical assistance

Oregon Department of Agriculture
Market Development Program
1207 NW Naito Parkway, Suite 104
Portland, OR 97209-2832
Phone 503-872-6600
Fax 503-872-6601
Email agmarket@oda.state.or.us
Web oregon.gov/ODA/ADMD/pages/farm_direct.aspx

Currently, Oregon’s ethanol standard requires gasoline sold in Oregon to be a 10 percent ethanol blend (E10). Oregon’s biodiesel standard requires diesel sold in Oregon to be a minimum 5 percent biodiesel blend (B5).

Many fuel users will not notice a change in vehicle or equipment performance from using 10 percent ethanol blended gasoline or a 5 percent biodiesel blend. Biofuel producers, fuel distributors, retailers, and consumers can help avoid problems by using good management when storing and using fuel. Good storage practices include periodic cleaning of farm fuel tanks, removal of accumulated water, and using a fuel filter on the tank fuel dispenser. When using blended fuel, check the equipment owner’s manual and follow any recommendations. Keep equipment properly maintained and winterized.

Gasoline-ethanol blends required

All retail dealers, nonretail dealers, or wholesale dealers may only sell or offer for sale gasoline that contains 10 percent ethanol by volume, unless it meets exceptions in OAR 603-027-0420(3)(c).

Ethan​ol dispenser labeling

Legislation requires gasoline dispensers to be labeled if the fuel product contains ethanol. This label must be located on the upper 50 percent of the dispenser’s front panels, in a position that is clear and conspicuous from the driver’s position, in type at least ½ inch in height and 1⁄16 inch in width.

Due to the required use of 10 percent by volume ethanol, the label is required to state the specific amount in the gasoline blend, for example, “THIS PRODUCT CONTAINS 10% ETHANOL” or similar language. Prohibited terms and phrases include but are not limited to, “Contains up to 10% ethanol,” “May contain ethanol,” or any other similar language.

If a non-ethanol blended gasoline of less than 91 octane is used in compliance with the exceptions, the dispenser shall be labeled, “NON-ETHANOL BLENDED GASOLINE FOR EXEMPTED USE ONLY (ORS 646.913),” in capital letters and type at least ½ inch in height and 1⁄16 inch width of type on each face and upper 50 percent of the dispensers front panels in a position that is clear and conspicuous to the consumer.

Non-ethanol blended gasoline of 91 octane or higher does not require any special labeling.

Excepti​ons to ethanol requirements for premium gasoline

The 2009 Legislature passed House Bill (HB) 3497 exempting premium gasoline of 91 octane or higher from the ethanol blend requirement. This became effective January 1, 2010.

Businesses are not required to offer a non-ethanol blended premium fuel, but they have the ability to make a business decision to provide it based upon customer demand.

Note to retailers:

• No additional dispenser labeling is required for non-ethanol gasoline.
  
• Delivery documentation must state that it is non-ethanol blended gasoline.
  
• Storage tanks must identify that it is non-ethanol blended gasoline.
  
• Important: If a blending dispenser is used, the mid-grade portion must be disabled and labeling removed. This is because a 10 percent ethanol regular blended with a 0 percent ethanol premium will yield approximately a 6 percent ethanol mid-grade which would not be legal. The mid-grade must still contain 10 percent ethanol.
  

Exceptions to ethanol mandate for all grades of gasoline

To address citizens’ concerns about the mandate to blend all gasoline with 10 percent by volume ethanol, the 2008 Oregon Legislature passed Senate Bill (SB) 1079, which allows non-ethanol blended gasoline of any grade for the following applications only:

• Aircraft
  
• Antique vehicles
  
• All-terrain vehicles
  
• Racing activity vehicles
  
• Snowmobiles
  
• Tools including but not limited to lawn mowers, leaf blowers, and chain saws
  
• Watercraft

The Oregon State Marine Board maintains a list of locations offering non-ethanol blended gasoline online.

Web oregon.gov/osmb/pages/news/cleargasoline.aspx

Posting of etha​nol exceptions

Pursuant to OAR 603-027-0430(1)(c), businesses that offer non-ethanol blended gasoline of less than 91 percent octane for sale shall post the exceptions in a position that is clear and conspicuous to the consumer. They must be in capital letters and type at least ¼ inch in height and 1⁄32 inch in width.

Ethanol delivery documentation

Gasoline blended with ethanol
Delivery documentation shall state that the gasoline is blended with ethanol and the volume percent of ethanol.

Non-ethanol blended gasoline
Delivery documentation shall state that the gasoline is non-ethanol blended.

Biodiesel require​ment

In February of 2011, the Oregon Department of Agriculture (ODA) determined that Oregon’s in-state biodiesel production capacity had reached at least 15 million gallons on an annualized basis. In compliance with Oregon’s RFS, (ORS 646.921 and, ORS 646.922), effective April 1, 2011, all diesel fuel sold or offered for sale in Oregon had to contain a minimum of 5 percent by volume biodiesel, creating a B5 biodiesel blend.

Exceptions to biodiesel mand​ate

Diesel fuel sold or offered for sale for use by railroad locomotives, marine engines, and home heating is exempt from the requirement to be blended with biodiesel.

Winteriz​ing diesel

In the state of Oregon, the required minimum B5 biodiesel fuel may have substances added to enhance its cold weather operation from October 1, of one year, through February 28, of the following year. It is important to emphasize that the fuel must begin as at least a B5 blend and then the winterizing products may be added. For reference, this allowance is found in Oregon Revised Statute (ORS) 646.922(3) and Oregon Administrative Rule (OAR) 603-027-0420(11)(e)(B).

Biodiesel dispenser labeling

If the fuel is a 5 percent or less biodiesel blend, then no additional dispenser (“pump”) labeling is required. For information on labeling biodiesel blends please see our biodiesel and E85 fuel requirements webpage.

Web oregon.gov/ODA/MSD/Pages/biofuel_dispensers.aspx​

Biodiesel delivery documentation

Delivery documentation of biodiesel blends is required to identify the specific volume percent of biodiesel blended with the petroleum diesel. An example of a sufficient statement for a 5 percent biodiesel blend is, “B5 Biodiesel Blend.” in addition to all of the other required information on the documentation. This is to certify the volume percent of biodiesel that is blended into the diesel fuel. During inspections the department will check delivery documentation for biodiesel blend requirements.

Technical assistance

Oregon’s renewable fuel standards

Web oregon.gov/ODA/MSD/Pages/renewable_fuel_standard.aspx

 

City of Portland renewable fuel standards for ethanol and biodiesel

Web portlandonline.com/BDS/INDEX.CFM?c=43886​

Protect​ed land

No farming or forest practice on lands zoned for farm or forest use shall give rise to any private right of action, suit, or claim for relief based upon nuisance or trespass. Pre-existing nonconforming (farm or forest) uses are also afforded this protection provided that the farming or forest use existed before the conflicting non-farm or non-forest use of the real property that gave rise to the claim, and provided that the pre-existing nonconforming farming or forest practice has not significantly increased in size or intensity from November 4, 1993.

Right-to-farm protection is not afforded if claims are based on an action of a producer that results in any of the following:

• Damage to commercial agricultural products of another grower or neighboring property
  
• Death or serious injury

Protected practices

Protected practices include farming or forest practices that are characterized by one or more of the following:

• Are or may be used on a farm or forestland of similar nature
  
• Are generally accepted, reasonable, and prudent methods for the operation to obtain profit in money (commercial)
  
• Comply with applicable law
  
• Are performed in a reasonable manner
  

The lawful and proper use of pesticides is considered a protected farming or forest practice.

The law also provides protection for the movement of farm vehicles and livestock on public roads.

Local government and special district ordinances and regulations now in effect or subsequently adopted which are contrary to this law are invalid. In any legal action alleging nuisance or trespass arising from a practice alleged by either side as a farm or forest practice, the prevailing party is awarded attorney fees and costs at the trial and on appeal.

Complainants may want to consider the Oregon Department of Agriculture’s Farm Mediation Program before filing any legal action. Call 503-986-4558 or 800‑347-7028 for information about the mediation program. Parties are encouraged to talk with legal counsel on the interpretation of the statute.

Technical assistance

Oregon Department of Agriculture
Land use
Jim Johnson 503-986-4706

Farm Mediation Program
Stephanie Page 503-986-4558 or 800-347-7028

Being a Good Neighbor When Farming Offends:
How Farmers Can Handle Ag Conflicts

Web oregon.gov/ODA/docs/pdf/good_neighbor.pdf​

An operator license or driver license is required by anyone operating a motorized vehicle on a public highway. An operator license is not required to temporarily operate a farm tractor or an implement of husbandry. Refer to the Oregon or US Departments of Transportation for information on the following:

• Licenses
  
• Vehicle registration
  
• Inspections
  
• Hauling hazardous materials
  
• Vehicle registration
  

Technical assistance

Oregon Department of Transportation
Motor Carrier Transportation Division
550 Capitol St NE
Salem, OR 97301-2530
Phone 503-378-5849
Web oregon.gov/ODOT​

ODOT Farm Registration Desk
Phone 503-378-5203
Web oregon.gov/ODOT/MCT/pages/FARM.aspx​

 

Hauling hazardous materials

US Department of Transportation
Federal Motor Carrier Safety Administration
Phone 503-399-5775

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