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Canola in Oregon: Timeline 
1970-1990: 
Brassica (mustard family) crops in the rapeseed species were divided into industrial crops used as lubricants, and those bred for characteristics that created varieties suitable for human and animal consumption. Growers of these crops in various areas of the state managed informal “districts” or growing areas through communication to ensure adequate isolation so the two varieties of rapeseed did not cross-pollinate and contaminate the specific use of the other.
1987:  
Legislature creates authority for ODA to establish control areas (ORS 570.405) “necessary for the general protection of the horticultural, agricultural or forest industries of the state from diseases, insects, animals or noxious weeds or for the eradication or exclusion from such areas of certain plants or their produce, trees, diseases, animals, insects or noxious weeds that may be a menace to such areas and generally to horticultural, agricultural or forestry industries.” 
1989: 
Legislature creates specific authority for rapeseed control areas: ORS 570.450 Rapeseed control areas. “The State Department of Agriculture may establish control areas for the production of rapeseed as provided in ORS 570.405. The department may appoint advisory boards to advise and counsel the department on the boundaries of the control areas, the type of rapeseed species and varieties which may be produced in the various control areas and the enforcement of control area orders.”

OSU research continues to evaluate production capacity and varieties of canola/rapeseed in Oregon. 

http://ir.library.oregonstate.edu/xmlui/bitstream/handle/1957/20890/NewCropsOregonRapeseed.pdf 
 
1990-93:  
ODA adopts rules (OAR, Chapter 603, Division 052) to establish rapeseed production districts and isolation requirements for producers. A system of pinning maps was established in the Linn and Marion county Extension offices to facilitate maintenance of isolation distance between vegetable seed fields. Under this system, growers or seed companies mark out areas on a map with pins to identify vegetable production fields on a first-come, first-served basis. Producers attempt to maintain a 3-mile isolation distance between Brassica crops that are probable cross-pollinators. 
1998: 
OSU document outlines canola rules: “Rapeseed production is regulated in Oregon and other Pacific North- west states. The Oregon Department of Agriculture (ODA) has established rapeseed production districts. In order to grow rapeseed, even as a cover crop, you may need to “activate” the production district in your area. Before you seed, check with ODA or your county office of the OSU Extension Service about possible production restrictions. Much of the Willamette Valley is a restricted production zone due to potential cross pollination between rapeseed and other brassica seed crops.” http://ir.library.oregonstate.edu/xmlui/bitstream/handle/1957/15235/em8700.pdf 
2005:
With the advent of renewable fuels and interest in biodiesel, canola has emerged as the lead crop alternative when evaluated for yield and return to growers. OSU continues research.  


http://extension.oregonstate.edu/catalog/html/sr/sr1074-e/08.pdf 

The challenge of co-existence between vegetable seed growers and grass seed growers looking for a rotational crop in canola grew into a stand-off. ODA was asked by the Legislature Emergency Board to assist the discussion by working with OSU in conducting research and evaluating options for resolving the conflict. $150,000 was provided for a three-year research effort. In the meantime, to minimize concerns of vegetable growers, ODA revised the Brassica rules in 2005, restricting areas in the state where canola can be grown as an oilseed crop. Districts where vegetable seed production is protected were created for the Willamette Valley, Central Oregon, NE Oregon, and Malheur County. 
2006: 
Exemptions to the canola restriction were granted for OSU to conduct limited canola trials in the Willamette Valley as part of a program to assess the commercial potential of a number of oilseed crops in the area. 

http://oregonstate.edu/dept/kbrec/sites/default/files/chapter_02_2006_canola_variety_screening.doc 
2007: 
The rules were reviewed and maintained without change in fall 2007 due to the ongoing OSU research.  
2009:
OSU final progress reports were submitted to ODA:

                        http://cropandsoil.oregonstate.edu/bioenergy/overview

ODA makes some minor changes in the rules. Overall, ODA determines there is need to maintain some canola exclusion zone for vegetable seed production. ODA also determined that isolation distances, management practices, pinning and grower cooperation, planting times, and other efforts can provide significant protection and prevention of concerns voiced by vegetable and other specialty seed growers. The discussion on where to draw boundaries and potential scale of canola acreage remain the central issues.  
 2010:  
With the help of the Legislative funding through ODA’s budget, OSU staff finalizes development of a digital, electronic pinning system so the industry can manage planting decisions, isolation distances, and other needed management issues. The system is turned over to the Willamette Valley Specialty Seed Association for administration:  http://www.thewvssa.org/documents.htm

The rule is left intact while ODA encourages the parties to work together with the pinning system to find workable co-existence strategies. 2012 is designated as a time to review the rules and find alternatives unless the parties put something forward themselves. 
2012:  
The pinning system is being used by vegetable seed growers, but not yet available to canola production. 

ODA reconvenes representatives from vegetable seed growers, and grass seed growers interested in canola production, and with guidance from the State Board of Agriculture, evaluates these options: 

1.    leave the rule as is, excluding all canola from the Willamette Valley (although the continued justification for this is growing thin given the management alternatives available); 

2.    do away with the rule entirely and leave the parties to work out the situation themselves with no ODA involvement or control area; or 

3.    modify the boundaries to enable some canola production for oil in limited areas, away from the center of vegetable seed production. 

The department and the Board conclude option three is the best alternative.
March – July, 2012:  
Advisory Committee meetings (about 40 people, representing both sides), were held on March 22, April 19, and June 29, 2012. A subset, representative Advisory Group (3 from each side) met with ODA on July 13, July 20, and on July 30, at which meeting ODA Director Katy Coba attended.

Parties agree to have some conceptual working adjustments proposed by September 1 to allow for fall planting decisions and pinning of fields. The parties worked with ODA to modify the boundaries in the Willamette Valley to ensure protection of primary specialty seed acreage. There is general agreement on boundaries that included over 85% of pinned vegetable seed. While disagreement still remains about canola production in the Willamette Valley, ODA believes enough agreement has been reached to move forward. 
August 10, 2012:  
Temporary rule is filed to modify the protected district boundaries, and provide some outlying areas where canola will be allowed. http://oregon.gov/ODA/Pages/canola_temporary_rule.aspx

The map is included in the rule: http://oregon.gov/ODA/docs/pdf/CanolaBase8x11_Aug3.pdf

Permanent rule is also filed and date is set for public hearing on September 28, 2012. Public comment is open until October 5, 2012.  http://oregon.gov/ODA/docs/pdf/canola_proposed_rule_making.pdf 
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.  
August 16, 2012: 
The Appellate Commissioner issued an order granting a temporary stay pending the submission of briefs on why the stay should or should not continue during the pendency of judicial review.
August 31, 2012:  
 After reviewing the briefs submitted by petitioners, the ODA and amicus, the Oregon Court of Appeals rules 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, which exclude growing canola in the Willamette Valley, remain in effect.