(a) "Firewood" means whole or split pieces of wood that are:

(A) Less than 48 inches in length; and

(B) In a form commonly used for burning in campfires, stoves or fireplaces.

(b) "Invasive species" has the meaning given that term in ORS 570.755.

(2) A person may not transport into or within this state firewood for personal use or sale at, or delivery to, a destination in this state unless:

(a) The firewood is harvested from a source located in this state, Idaho or Washington; or

(b) The firewood has been treated in a manner prescribed by the State Department of Agriculture.

(3) A person may not sell firewood within this state unless:

(a) The firewood is harvested from a source located in this state, Idaho or Washington; or

(b) The firewood is labeled as required by the department and the seller can provide documentation that the firewood has been treated as prescribed by the department.

(4)(a) Persons that transport or supply firewood in this state for other than personal use that is harvested from a source outside of this state, Idaho or Washington shall maintain records, certificates or other documents as required by the department. Persons that sell firewood in this state that is harvested from a source outside of this state, Idaho or Washington shall maintain records, certificates or other documents as required by the department.

(b) The records, certificates or other documents of a person described in paragraph (a) of this subsection that transports or supplies firewood in this state must include, but need not be limited to, information regarding the source of the firewood, any treatment of the firewood and the disposition of the firewood. The records, certificates or other documents of a person described in paragraph (a) of this subsection that sells firewood must include, but need not be limited to, information regarding the source and supplier of the firewood. The department shall adopt rules establishing the required retention time for the records, certificates or documents.

(c) The department may inspect the records, certificates and other documents described in paragraph (b) of this subsection and the inventory and facilities of a person that transports firewood or of a firewood supplier or seller at any time during reasonable business hours and may take samples for purposes of detecting invasive species.

(5) In addition to any other requirement of this section, if firewood is harvested from a source in an area of this state, Idaho or Washington that is subject to a state or federal quarantine for the control of a plant disease or pest, any harvesting, treating, transporting, supplying or selling of the firewood must be performed in conformance with the quarantine.

(6) The department shall adopt rules for carrying out this section. [2011 c.439 §1]