(As used in this section and ORS 561.740)
biopharm permit: a permit issued by the United States Department of Agriculture for the production of a biopharmaceutical crop.
biopharmaceutical crops: plants that have been genetically modified using a recombinant DNA process to produce vaccines, drugs, enzymes or other medicinal compounds.
recombinant DNA process: a process in which segments of deoxyribonucleic acid from different organisms are joined together to create recombinant DNA molecules that have the capacity to replicate in some host cell, either autonomously or as an integrated part of the host genome.
Note: 561.738 and 561.740 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 561 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
(1) The Director of Agriculture and an appointee of the Director of Human Services who has experience in health program administration may enter into memoranda of understanding or other intergovernmental agreements on behalf of this state for the purpose of furthering collaboration between this state and federal agencies that regulate the growing of biopharmaceutical crops. A memorandum or other agreement entered into under this section shall be designed to increase state input to the federal biopharm permitting system on biopharmaceutical crop issues and requirements of specific interest to this state.
(2) To the extent authorized under federal and state law, or under any memorandum of understanding or other agreement entered into under subsection (1) of this section, the Director of Agriculture and the appointee of the Director of Human Services, or their designees:
(a) Notwithstanding ORS 192.410 to 192.505, shall refuse to disclose any biopharm permit application or related biopharmaceutical crop information received from the United States Department of Agriculture's Animal and Plant Health Inspection Service, or from any successor to that service, that the United States Department of Agriculture has determined to be confidential business information.
(b) May review biopharm permit applications and biopharmaceutical crop information submitted to the United States Department of Agriculture.
(c) May administer and conduct site inspections and monitoring of any biopharmaceutical crops grown in Oregon.
(d) If there is evidence that biopharmaceutical crops are endangering Oregon agriculture, horticulture or forest production or public health, may take appropriate enforcement action.
(e) May charge a biopharm permit applicant or holder fees for state oversight, services or activities under this section. Fees charged under this paragraph may not total more than $10,000 and must be reasonably calculated to reimburse the state for the actual cost of the oversight, services or activities. Fees collected under this paragraph shall be deposited to the credit of the Department of Agriculture Service Fund and are continuously appropriated to the State Department of Agriculture for the purpose of carrying out this section.
