Kasch's Garden Centers & Nurseries v. Department of Agriculture

NEWMAN, j.

Under ORS 183.400,1 petitioner challenges the validity of OAR 603-52-129. The rule establishes a quarantine “against the pest known as brown garden snail * * * which * * * caus[es] severe damage to leaves and fruits of many plants.” OAR 603-52-129(1).

Included in the areas of quarantine are California and Washington, from which petitioner imports nursery stock. The rule permits entry of covered commodities from quarantine areas into Oregon

“only when such commodities are accompanied by a certificate of quarantine compliance issued by an authorized official from the state of origin…