09/02/2012
On August 10, 2012, the ODA published temporary rules amending the “General Production Area/Protected Districts” in rules governing the ODA’s Rapeseed Control Area (OAR 603-052-0850 – 0880). The effect of the temporary rule was to open portions of the Willamette Valley to the cultivation of canola. On August 15, 2012, Petitioners Friends of Family Farmers, Frank Morton dba Wild Garden Seed, Universal Seed Company and Wild West Seed, Inc. filed a petition for judicial review of the ODA’s temporary rules and a Motion for Stay Pending Judicial Review of Agency Rule. Today the Oregon Court of Appeals has ruled that the stay of ODA’s temporary rule in OAR 603-052-0870(1)(c)-(d) (2012) will remain in effect. The court’s action means that ODA’s temporary rule remains suspended while the court considers the legal challenges. In summary, until the court rules on Petitioner’s motion, ODA’s permanent rules governing its Rapeseed Control area, including those provisions governing General Production Area/Protected District in OAR 603-052-0870 remain effective. This means that canola production is not allowed in the Willamette Valley until further notice.
