Unless the context
requires otherwise, as used in ORS 571.005 to 571.230:
(1) "Agent" means any person only soliciting orders in this state
for the purchase or sale of nursery stock for any principal who is not
licensed under ORS 571.005 to 571.230 and 571.991.
(2) "Dealer":
(a) Means any person who deals in, sells, handles, consigns or
accepts on consignment, imports, stores, displays or advertises nursery
stock which the person has not grown.
(b) Does not mean a person whose business is located out of state
and who imports and sells such nursery stock not grown in Oregon into
this state and who only solicits such nursery stock sales through
salesmen or representatives or by mail or advertisement. Such person to
be exempt as a dealer must not own, lease, control or maintain buildings,
warehouses or any location or place in Oregon in which or through which
such nursery stock is stored, sold, offered for sale or held for sale or
delivered therefrom. The nursery stock must be shipped direct from the
out-of-state location or place of business to the grower, wholesaler,
retailer or ultimate consumer or user in Oregon.
(3) "Department" means the State Department of Agriculture.
(4) "Grower" means any person who grows nursery stock.
(5) "Nursery stock" includes all botanically classified plants or
any part thereof, such as floral stock, herbaceous plants, bulbs, buds,
corms, culms, roots, scions, grafts, cuttings, fruit pits, seeds of
fruits, forest and ornamental trees and shrubs, berry plants, and all
trees, shrubs and vines and plants collected in the wild that are grown
or kept for propagation or sale. "Nursery stock" does not include:
(a) Field and forage crops.
(b) The seeds of grasses, cereal grains, vegetable crops and
flowers.
(c) The bulbs and tubers of vegetable crops.
(d) Any vegetable or fruit used for food or feed.
(e) Cut flowers, unless stems or other portions thereof are
intended for propagation.
(6) "Person" includes but is not limited to each branch store or
place of business in which or at which the business of the dealer or
grower is conducted and each member of a cooperative association.
(7) "Sell" or "sale" means to offer, expose or hold for sale, have
for the purpose of sale, or to solicit orders for sale, or to deliver,
distribute, exchange, furnish or supply. [1963 c.461 §1; 1977 c.638 §1] (1)
The Legislative Assembly finds and declares that the propagation and
raising of nursery stock is an agricultural pursuit that should be
regulated and assisted by the State Department of Agriculture. A nursery
service shall be maintained within the department for the purpose of
carrying out and enforcing the provisions of ORS 564.040, 564.991,
571.005 to 571.230 and 571.991.
(2) The department is authorized to:
(a) Inspect the nursery stock of growers, dealers and other persons
and places of business provided for under ORS 564.040, 564.991, 571.005
to 571.230 and 571.991.
(b) Issue certificates and permits and check the license and
licensing of persons affected by ORS 564.040, 564.991, 571.005 to 571.230
and 571.991.
(c) Investigate violations of ORS 564.040, 564.991, 571.005 to
571.230 and 571.991.
(d) Disseminate information among growers relative to treatment of
nursery stock for both prevention and elimination of attacks by plant
pests and diseases.
(e) Carry out any other duties or responsibilities which are of
service to the nursery industry or which may be necessary for the
protection thereof. [1953 c.461 §4; 1983 c.730 §4] (1) In
order that there may be the closest contact between the State Department
of Agriculture and the problems of the nursery industry, there hereby is
created a State Nursery Research and Regulatory Committee which shall
consist of seven members appointed by the Director of Agriculture. The
director, as far as practicable, shall make appointments so that all
segments of the nursery industry are represented on the committee.
(2) The term of each member shall be for three years, beginning on
July 1 of the year of appointment. Vacancies in office shall be filled by
appointment for the unexpired term. At the first meeting after July 1 in
each year, the committee shall elect a chairperson.
(3) The functions of the committee shall be to advise and counsel
with the department in the administration of ORS 564.040, 564.991,
571.005 to 571.230 and 571.991 and review the nursery inspection program.
(4) The committee shall meet at the call of the chairperson or the
director of the State Department of Agriculture. A majority of the
members present at any meeting shall constitute a quorum, and a majority
vote of the quorum at any meeting shall constitute an official act of the
committee. [1963 c.461 §3; 1967 c.208 §3; 1979 c.309 §1; 1993 c.683 §1] The State Department of
Agriculture shall as authorized by ORS chapter 183 establish and maintain
a list of cut greenery which shall be nursery stock and subject to the
provisions of ORS 564.040, 564.991, 571.005 to 571.230 and 571.991. All
other cut greenery shall be exempt from the provisions of ORS 564.040,
564.991, 571.005 to 571.230 and 571.991. [1963 c.461 §2] (1) The
Plant Pest and Disease Emergency Response Fund is established in the
State Treasury, separate and distinct from the General Fund. Interest
earned by the Plant Pest and Disease Emergency Response Fund shall be
credited to the fund.
(2) The fund shall consist of all moneys deposited to the fund
under ORS 571.059. Moneys deposited to the fund are continuously
appropriated to the State Department of Agriculture for use as provided
in subsection (3) of this section. Expenditures from the fund are not
subject to state expenditure limitations. The fund is not subject to
allotment of moneys under ORS 291.234 to 291.260.
(3) The department, after consultation with the State Nursery
Research and Regulatory Committee, may use fund moneys for responding to
pest and disease emergencies. The department may use fund moneys only to
the extent necessary to protect the industries represented by persons
licensed under ORS 571.057. [2005 c.540 §1]Note: 571.038 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 571 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.ORS 571.055 (1) and
571.057 do not apply to:
(1) Any person whose business consists only of retail sales to the
ultimate consumer and the total of such sales of nursery stock does not
exceed $250 during a fiscal year. Except as provided in subsection (2) of
this section, the provisions of ORS 564.040, 564.991, 571.005 to 571.230
and 571.991 apply at any time the sales of nursery stock exceed $250
during a fiscal year.
(2) A person licensed as a landscaping business under ORS 671.560
and 671.565 who does not grow plants, does not store plants except as
provided by the State Department of Agriculture by rule, and acquires all
plants from a nursery licensed under this chapter. [1963 c.461 §15; 1971
c.756 §1; 1975 c.110 §1; 1977 c.638 §2; 1999 c.535 §1](1) No person, without
first obtaining a license from the State Department of Agriculture, shall:
(a) Operate as a grower, dealer or agent.
(b) Advertise or display nursery stock for sale on any stand,
market stall, store or other place of business.
(c) Advertise nursery stock for sale by the use of signboards,
placards, public communications media, newspapers, business letterhead
stationery or other circulating medium.
(d) Transport, move, store or warehouse nursery stock grown or held
for sale. However, this paragraph does not apply to common carriers.
(2) No person shall:
(a) Falsely represent that the person is a licensed grower, dealer
or agent.
(b) Willfully make a false statement when making an application for
a license. [1963 c.461 §§5,9] (1) Each
person required to be licensed by ORS 571.055 shall make application for
such license or for renewal thereof, on a form furnished by the State
Department of Agriculture which shall contain:
(a) The name and address of the applicant; the number of locations
to be operated by the applicant and the addresses thereof; and the
assumed business name of the applicant;
(b) If other than an individual, a statement whether such person is
a partnership, corporation or other organization;
(c) The gross dollar volume of sales or purchases of nursery stock
by the applicant within Oregon during the prior calendar year, or if the
applicant maintains sales records on a fiscal basis, the prior fiscal
year; and
(d) The type of business to be operated and, if applicant is an
agent, the principals the applicant represents.
(2) Each application for license shall be accompanied by a license
fee as provided for by this section and any amounts required by ORS
571.075 (3). Such application shall not be a public record but shall be
subject to audit and review by the department. An applicant for an
original license or for a renewal license, without a full calendar year
of prior nursery stock sales or purchase experience upon which to base
the fees, shall base such fees on an estimated annual gross dollar volume
of sales or purchases of nursery stock by the applicant. Notwithstanding
the provisions of ORS 571.075, upon application by such person for a
renewal of license for a subsequent year, the fees for the previous
license year shall be adjusted to reflect the actual annual gross dollar
volume of sales or purchases of nursery stock by such applicant. Any
additional fees found to be due shall be paid to the department at the
time of application for renewal of license, or the department shall
refund any overpayment found to be due the applicant.
(3)(a) For license years beginning on and after July 1, 1995, the
license fees for growers and dealers shall be established by the
department after consulting with the State Nursery Research and
Regulatory Committee and after public hearing in accordance with ORS
chapter 183. Such fees shall be established on the basis of annual gross
dollar volume of sales or purchases of nursery stock within Oregon for
the calendar year immediately preceding the license period.
(b) The license fees shall not be less than $65 nor more than
$20,000. The millage rate shall be not less than one-tenth mill nor more
than 5 mills. The fees shall be established in such amount as shall be
sufficient to allow the department to administer and enforce the
provisions of ORS 564.040, 564.991, 571.005 to 571.230 and 571.991.
(c) For license years beginning July 1, 1994, and thereafter, in
addition to and at the time of payment of the annual license fee, growers
and dealers shall pay assessments for the expenses of carrying out the
provisions of ORS 571.230 (2) and (3). Dealers shall pay 0.0002 times the
gross dollar purchases in the previous license year. Growers shall pay
0.0002 times the gross dollar sales in the previous license year. In no
event shall the assessment be less than $10.
(4) For florists and landscape contractors, dealer and agent fees
will be computed on the basis of gross purchases of plants. For
greenhouse operators and growers, including persons collecting native
plants, fees will be computed on the basis of gross sales of plants or
sales value of plants produced in Oregon.
(5) Each grower or dealer shall be entitled to one sales location
under the license of the grower or dealer. Each additional sales
location, yard, branch store, stall or peddling vehicle maintained by
such person shall require the payment of the full license fee for each of
such additional sales outlets. A grower who is also a dealer shall be
licensed only as a grower. [1971 c.756 §6; 1977 c.638 §3; 1985 c.659 §1;
1993 c.683 §3] (1) As used in this section,
"dealer" and "grower" have the meanings given those terms in ORS 571.005.
(2) The State Department of Agriculture shall make a yearly
determination of the additional amount, if any, required to achieve a
principal balance of $250,000 in the Plant Pest and Disease Emergency
Response Fund. If the department determines that an additional amount is
required to achieve a principal balance of $250,000, the department shall
determine an assessment rate based on the additional amount required to
achieve the $250,000 fund balance and the total in the previous license
year of gross dollar purchases by dealers, gross dollar sales by growers
and sales value of plants produced in Oregon by licensees under ORS
571.057 other than dealers or growers.
(3) The department may impose a surcharge on license fees
established pursuant to ORS 571.057. The surcharge for a licensee shall
be calculated based on the assessment rate determined under subsection
(2) of this section and the purchase, sales or sales value volume that is
the basis for the license fee assessed to the licensee under ORS 571.057.
Surcharges imposed under this subsection shall be deposited to the fund.
(4) The department shall apply for any federal funding available
and may seek gifts, grants and donations for the purpose of increasing or
replenishing the fund balance or avoiding expenditures from the fund.
[2005 c.540 §2]Note: 571.059 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 571 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.(1) Upon payment of a fee of $5, a temporary nursery sale
license may be issued by the State Department of Agriculture for the
holding of a nursery stock sale conducted by, or for the benefit of, a
duly registered nonprofit organization, where such sale does not exceed
seven consecutive days.
(2) Application for a temporary nursery sale license shall be made
on a form furnished by the department, and shall be accompanied by the
license fee. A separate application and license fee is required for each
sale.
(3) The department may prescribe the conditions of such temporary
nursery sales license, which conditions shall be stated in the license.
Any such license may be revoked or suspended by the department for
violation of any of the conditions stated therein. ORS 571.005 to 571.230
and 571.991 shall not be applicable to such temporary nursery sales
except as provided in this section. [1971 c.756 §8] (1) The fees for the
renewal of the annual licenses and the fees for inspections required by
ORS 571.005 to 571.230 and 571.991 shall be paid with the application for
license renewal and before July 1 of each year.
(2) Failure to pay the fees when due forfeits the right to operate
as a grower, dealer or agent.
(3) Any person who has been previously licensed to grow or sell
nursery stock and whose right to grow or sell has been forfeited shall
not be issued a renewal license except upon written application to the
State Department of Agriculture accompanied by a sum of money equal to
the regular license fee, as provided in ORS 571.057. [1963 c.461 §12;
1971 c.756 §2; 1977 c.638 §4; 1985 c.659 §3] All licenses issued
under ORS 571.005 to 571.230 and 571.991 shall:
(1) Include the date of issue.
(2) Expire on June 30, next following the date of issue, unless
sooner revoked by the State Department of Agriculture.
(3) Be in the form of a certificate.
(4) Be numbered serially under the direction of the department.
(5) Be posted in a conspicuous place on the premises of the
licensee and a copy at each location where the licensee is doing
business, where they can be easily seen by the general public. A
duplicate copy of the license shall be issued by the department for each
sales location of the licensee. [1963 c.461 §10; 1971 c.756 §3] (1) No agent's license shall be issued or
valid unless the agent's principal has given the State Department of
Agriculture written authorization to issue the license.
(2) An agent's license shall be automatically suspended during any
period when the agent is not acting as an agent or the principal has
withdrawn or canceled the authorization.
(3) If the license has not expired, an agent may revive the license
by giving notice to the department that the agent is again acting as an
agent. If the agent represents a principal other than the one who gave
written authorization to issue the license, subsection (1) of this
section applies. [1963 c.461 §8] (1) A
license is personal to the applicant and may not be transferred. A new
license is necessary if the business entity of the licensee is changed or
if the membership of a partnership is changed, irrespective of whether or
not the business name is changed.
(2) The license issued to a grower or dealer applies to the
particular premises named in the license. However, if prior approval is
obtained from the State Department of Agriculture, the place of business
may be moved to other premises or location without the necessity of
relicensing. [1963 c.461 §7] The State
Department of Agriculture may, as provided in ORS chapter 183, suspend,
revoke or refuse to issue or renew the license of any person when it is
satisfied that:
(1) The applicant or licensee has been guilty of fraud, deception
or misrepresentation in the handling or sale of nursery stock.
(2) The licensee was guilty of fraud, deception or
misrepresentation in the procurement of a license.
(3) The licensee has violated any provision of ORS 564.040,
564.991, 571.005 to 571.230 and 571.991. [1963 c.461 §11](1) The
State Department of Agriculture may issue a shipping permit number to any
licensee who requests or requires one. The shipping permit number shall
be the same as the license number and so designated on the license.
(2) When authorized or required by the department, the shipping
permit number shall accompany all shipments and deliveries of nursery
stock.
(3) A shipping invoice or bill of lading shall accompany a
commercial shipment or delivery of nursery stock to be offered for sale.
If a shipping invoice accompanies the shipment or delivery, the shipping
invoice shall include the following:
(a) The name and address of the owner of the nursery stock.
(b) The nursery license number of the owner of the nursery stock.
(c) The point of origin of the nursery stock.
(d) The specific destination to which the nursery stock is being
shipped or delivered.
(e) A description or inventory of the nursery stock in sufficient
detail to allow identification of the nursery stock being shipped or
delivered. The description or inventory shall include, at a minimum, the
numbers, sizes and varieties of plants included in the shipment or
delivery.
(f) The signature of the nursery stock carrier or the carrier's
agent.
(4) The department, by rule, may develop a standard form for
shipping invoices described in subsection (3) of this section and may
make the form available at cost to licensees upon request.
(5) Each of the following persons shall retain a copy of the signed
shipping invoice or the bill of lading for a commercial shipment or
delivery of nursery stock to be offered for sale:
(a) The owner of the nursery stock.
(b) The carrier or carrier's agent transporting the nursery stock.
(c) The person taking delivery of the nursery stock at the shipment
or delivery destination.
(6) Subsections (3) and (5) of this section do not apply to:
(a) A commercial shipment or delivery between two points owned,
rented or leased by the owner of the nursery stock; or
(b) A commercial shipment or delivery of nursery stock in the
possession of a business licensed by the State Landscape Contractors
Board. [1963 c.461 §16; 2005 c.390 §1](1) The State Department of
Agriculture shall inspect each licensed nursery at least once each fiscal
year as often thereafter as the department considers necessary to
determine and control pest, disease and noxious weed conditions.
(2) The department may make additional inspections as necessary for
the issuance of phytosanitary and other certificates. Such additional
inspections are in addition to normal inspections as provided by
subsection (1) of this section. The department may charge for such
inspections requested by nurseries in order to issue state or federal
phytosanitary certificates and any other certificate that requires
inspection prior to issuance of such certificates. Such charge shall not
be less than $10 per requested certificate or greater than $50 per such
certificate. However, for license years after June 30, 1995, the
department may establish the certificate fee without regard to the
limitations provided in this subsection after consulting with the State
Nursery Research and Regulatory Committee and after holding public
hearings in accordance with ORS chapter 183.
(3) The department may establish a schedule of fees for nursery
stock inspections and special services which may be performed by the
department for persons who are not required to obtain a license pursuant
to ORS 571.005 to 571.230 and 571.991. The fees shall be established in
such amounts as are reasonably necessary to recover all costs incurred by
the department in the performance of such inspections and special
services. Payment for such inspections and special services shall be made
to the department at the time the inspections or special services are
performed. [1963 c.461 §17; 1977 c.638 §5; 1985 c.659 §4; 1993 c.683 §6](1) The State
Department of Agriculture is authorized to audit the books and records of
applicants or licensees, as it deems necessary, in order to insure
compliance with ORS 571.057. Such audit may be made at the applicant's or
licensee's place of business during normal business hours, upon three
days' notice from the department.
(2) Notwithstanding the provisions of ORS chapter 183, failure by a
licensee to allow such audit shall automatically suspend the license of
the licensee until the audit is performed and any additional fee and
penalty found to be due is paid to the department. [1971 c.756 §7] No person, individually or acting for
another person, such as an official or employee acting for a corporation,
shall violate ORS 564.040, 564.991, 571.005 to 571.230 and 571.991. [1963
c.461 §27]No person shall:
(1) Substitute other nursery stock for nursery stock covered by an
inspection certificate.
(2) Transport or accept for transportation nursery stock that does
not carry the official inspection tag authorized by the State Department
of Agriculture. [1963 c.461 §18](1) No grower,
dealer or agent shall:
(a) Sell nursery stock representing it to be a name, age or variety
different from what the nursery stock actually is.
(b) Represent that any nursery stock is a new variety, when in fact
it is a standard variety and has been given a new name.
(c) Sell or represent cormels as corms or bulblets as bulbs.
(2) In addition to the provisions of ORS 632.450 to 632.490 and
632.900 to 632.985, all other laws relating to labeling and the
provisions of subsection (1) of this section, the grower, dealer or agent
shall attach to every bundle of fruit-bearing trees sold or shipped
within this state a tag or label specifying the name of the variety of
trees contained therein. If the bundle shall contain trees of different
varieties, such label or tag shall be attached to each tree or group of
trees of the same variety. The purchaser of any fruit-bearing tree or
trees not true to name as specified on such tag or label, shall have a
remedy at law in a civil action to recover the damages sustained. Such
action may be brought at any time prior to the third bearing year. [1963
c.461 §19; 2001 c.104 §232]No person shall
knowingly offer to sell, advertise or display nursery stock:
(1) That is dead, in a dying condition, seriously broken,
desiccated, frozen or damaged by freezing, or materially damaged in any
way.
(2) By any methods which have the capacity and tendency or effect
of deceiving any purchaser or prospective purchaser as to the quantity,
size, grade, kind, species, name, age, variety, maturity, condition,
vigor, hardiness, number of times transplanted, growth ability, growth
characteristics, rate of growth or time required before flowering or
fruiting, price, origin or place where grown, or in any other material
respect.
(3) That fails to meet the grade with which it is labeled.
(4) By making other false or fraudulent representations in
connection with the sale of nursery stock. [1963 c.461 §20](1)(a) No person shall knowingly offer
to sell nursery stock that is infected or infested.
(b) Unless the nursery stock is held for separation or treatment
under the supervision of an officer, employee or inspector of the State
Department of Agriculture, no person shall advertise, display, transport,
move, store or warehouse nursery stock that is infected or infested.
(c) Any infected or infested nursery stock may be seized in
accordance with the procedures provided for in ORS 561.605 to 561.630.
(2) As used in subsection (1) of this section:
(a) "Infected" means any appearance of a disease symptom or causal
agent that may, in the opinion of the department, be a menace to other
nursery stock or any products or properties.
(b) "Infested" means when the mature or immature form of any plant
pest, including noxious weeds as defined by the department, is found in
such numbers as, in the opinion of the department, to be a menace to
other nursery stock or any product or properties. [1963 c.461 §§21,22;
1985 c.565 §84a] (1)
When the State Department of Agriculture has cause to presume that any
nursery stock will not perform in a normal manner, the officials,
employees or inspectors of the department may issue a hold order for a
period not to exceed 10 days. No person shall sell or dispose of in any
manner such nursery stock within the 10-day period without written
permission from the department.
(2) If a person displays or sells nursery stock that is dead, in a
dying condition, seriously broken, frozen or damaged by freezing or
materially damaged in any way, any officer, employee or inspector of the
department may condemn such nursery stock and order it destroyed. [1963
c.461 §23]Nursery stock imported into Oregon must be accompanied by a
certificate from the place of origin, signed by an authorized agent or
representative of the agency supervising and responsible for carrying out
the nursery stock laws of such originating state or country. The
certificates shall contain additional information as may be required by
the State Department of Agriculture to carry out and enforce the
provisions of ORS 564.040, 564.991, 571.005 to 571.230 and 571.991. [1963
c.461 §24] (1) Except for fees
paid under ORS 571.057, 571.063 and 571.145 (3), the State Department of
Agriculture shall deposit all fees paid to it under ORS 571.005 to
571.230 and 571.991 in the General Fund in the State Treasury to the
credit of the Department of Agriculture Account. Such fees are
continuously appropriated to the department for the purpose of
administering and enforcing ORS 564.040, 564.991, 571.005 to 571.230 and
571.991. The fees paid to the department under ORS 571.057, 571.063 and
571.145 (3) shall be deposited by the State Treasurer in the Department
of Agriculture Service Fund, and such funds are continuously appropriated
to the department for the purposes of administering and enforcing ORS
571.005 to 571.230 and 571.991.
(2) The amount of revenue generated for nursery research pursuant
to ORS 571.057 (3)(c) shall be used by the department only for the
purposes set forth in subsection (3) of this section. With the advice of
the State Nursery Research and Regulatory Committee, the director shall
identify research needs of the Oregon nursery industry and shall obtain
services of researchers for the purposes set forth in subsection (3) of
this section.
(3) The amounts provided for in ORS 571.057 (3)(c) shall be used in
carrying on experimental and research projects and investigations
directed toward the prevention and elimination of plant diseases, insect
pests and the development and improvement of cultural methods that are
beneficial to the nursery industry. [1963 c.461 §25; 1971 c.756 §4; 1979
c.499 §5; 1985 c.659 §2; 1993 c.683 §7] The State
Landscape Contractors Board and the State Department of Agriculture shall
enter into an interagency agreement to address how the board and the
department shall ensure that licensed landscaping businesses comply with
the provisions of this chapter. [1999 c.535 §3]CHRISTMAS TREE GROWERS As used in ORS
571.510 to 571.580, unless the context requires otherwise:
(1) "Acre of Christmas trees" means an acre of land upon which
Christmas trees are growing at the time of application for the license
required by ORS 571.525.
(2) "Christmas tree" means a cut evergreen tree:
(a) Of a marketable species;
(b) Managed to produce trees meeting U.S. No. 2 or better standards
for Christmas trees as specified by the Agricultural Marketing Service of
the United States Department of Agriculture; and
(c) Evidencing periodic maintenance practices of shearing or
culturing, or both, for all Christmas tree species; weed and bush control
and one or more of the following practices: Basal pruning, fertilization,
insect and disease control, stump culture, soil cultivation and
irrigation.
(3) "Dealer" means a person who purchases Christmas trees for
resale.
(4) "Department" means the State Department of Agriculture.
(5) "Grower" means any person who grows Christmas trees for sale.
(6) "Natural timber stand" means any site where Christmas trees are
growing with a spacing greater than 9.5 feet by 9 feet.
(7) "Sell" or "sale" means to offer or hold for the purpose of
sale, or to solicit orders for sale or to deliver, distribute, exchange,
furnish or supply. [1985 c.197 §1; 1989 c.561 §1](1) The Legislative Assembly finds and declares that the
propagation and raising of Christmas trees is a silvicultural and
agricultural pursuit that should be regulated and assisted by the State
Department of Agriculture. A Christmas tree service shall be maintained
within the department for the purpose of carrying out and enforcing the
provisions of ORS 571.505 to 571.580.
(2) The department is authorized to:
(a) Inspect the Christmas tree stock of growers.
(b) Issue certificates and permits and check the license and
licensing of persons required to be licensed by ORS 571.505 to 571.580.
(c) Investigate violations of ORS 571.505 to 571.580.
(d) Disseminate information among growers relative to treatment of
Christmas tree stock for both prevention and elimination of attacks by
plant pests and diseases.
(e) Carry out any other duties or responsibilities which are of
service to the Christmas tree industry or which may be necessary for the
protection thereof. [1985 c.197 §2; 1989 c.561 §2] (1) In order that
there may be the closest contact between the State Department of
Agriculture and the problems of the Christmas tree industry, there hereby
is created a State Christmas Tree Advisory Committee, which shall consist
of six members appointed by the Director of Agriculture. The director, as
far as practicable, shall make appointments so that all areas of the
state are represented on the committee.
(2) The term of each member shall be for three years, from the date
of appointment. A member shall continue to serve until a successor is
appointed and qualifies. Vacancies in office shall be filled by
appointment for the unexpired term. An individual is not eligible to
serve more than two consecutive terms as a member.
(3) The members of the committee are eligible for compensation and
expenses as provided in ORS 292.495, to be paid from funds provided by
ORS 571.580.
(4) The functions of the committee are to advise and counsel with
the department in the administration of ORS 571.505 to 571.580.
(5) The committee shall meet at the call of the chairperson or the
director of the State Department of Agriculture. A majority of the
members present at any meeting constitutes a quorum, and a majority vote
of the quorum at any meeting constitutes an official act of the committee.
(6) At the first meeting in each year the committee shall select a
chairperson. The Dean of the College of Agricultural Sciences, Oregon
State University, and the director of the State Department of
Agriculture, or their representatives, shall be ex officio members
without the right to vote. [1985 c.197 §3; 1995 c.79 §310; 2005 c.22 §389]ORS 571.525 and
571.530 do not apply to:
(1) Any grower owning one acre or less of Christmas trees and whose
business consists only of retail sales to the ultimate consumer.
(2) Any dealer. [1985 c.197 §4; 1989 c.561 §3] No person shall
operate as a grower without first obtaining a license therefor from the
State Department of Agriculture. [1985 c.197 §5] (1) Each person
required to be licensed by ORS 571.525 shall make application for such
license or for renewal thereof on a form furnished by the State
Department of Agriculture which shall contain:
(a) The name and address of the applicant, the number of locations
to be operated by the applicant and the addresses thereof, and the
assumed business name of the applicant;
(b) If other than an individual, a statement whether such person is
a partnership, corporation or other organization;
(c) The total number of acres of Christmas trees grown by the
applicant; and
(d) The type of business to be operated and, if the applicant is an
agent, the principals the applicant represents.
(2) Each application for license shall be accompanied by a license
fee as provided for by this section. Such application shall not be a
public record but shall be subject to audit and review by the department.
(3)(a) The license fees for growers shall be established on the
basis of the total number of acres of Christmas trees being grown in this
state by the applicant. For the purpose of calculating the license fee,
four acres of Christmas trees growing in a natural timber stand shall be
considered the equivalent of one acre of planted Christmas trees.
(b) The annual license fee schedule shall be established by the
department after consultation with the State Christmas Tree Advisory
Committee and after a public hearing in accordance with ORS chapter 183.
The annual license fee shall not exceed $75 as a basic charge and $3 per
acre as an acreage assessment. The total license fee established pursuant
to this paragraph shall not exceed $5,000. [1985 c.197 §6; 1989 c.561 §4;
1999 c.59 §180] (1) The fees for the renewal of the
annual licenses required by ORS 571.505 to 571.580 shall be paid with the
application for license renewal and before July 1 of each year.
(2) Failure to pay the fees when due forfeits the right to operate
as a grower.
(3) Any person who has been previously licensed to grow Christmas
tree stock and whose right to grow has been forfeited shall not be issued
a renewal license except upon written application to the State Department
of Agriculture accompanied by a sum of money equal to the regular license
fee. [1985 c.197 §7] All licenses issued
under ORS 571.505 to 571.580 shall:
(1) Include the date of issue.
(2) Expire on June 30, next following the date of issue, unless
sooner revoked by the State Department of Agriculture.
(3) Be in the form of a certificate.
(4) Be numbered serially under the direction of the department.
(5) Be posted in a conspicuous place on the premises of the
licensee and a copy at each location where the licensee is doing
business, where they can be easily seen by the general public. [1985
c.197 §8](1) A
license is personal to the applicant and may not be transferred. The
licensee shall notify the State Department of Agriculture in writing if
the business entity of the licensee is changed or if the members of a
partnership change, whether or not the business entity name is changed.
(2) The license issued to a grower applies to the particular
premises named in the license. However, if prior approval is obtained
from the department, the place of business may be moved to other premises
or location without the necessity of relicensing. An additional acreage
assessment in accordance with ORS 571.530 shall be paid for any acres of
Christmas trees not included in the license fee paid at the previous
location and will be added when the business changes location. [1985
c.197 §9; 1989 c.561 §5] As provided
in ORS chapter 183, the State Department of Agriculture may suspend,
revoke or refuse to issue or renew the license of any person when it is
satisfied that:
(1) The applicant or licensee has been guilty of fraud, deception
or misrepresentation in the handling or sale of Christmas tree stock.
(2) The licensee was guilty of fraud, deception or
misrepresentation in the procurement of a license.
(3) The licensee has violated any provision of ORS 571.505 to
571.580. [1985 c.197 §10] (1) The State
Department of Agriculture shall issue a shipping permit number to any
qualified licensee who requests or requires one. Such number shall be the
same as the license number and so designated on the license.
(2) The shipping permit number shall accompany all shipments and
deliveries of Christmas tree stock. [1985 c.197 §11; 1989 c.561 §6](1) The State Department of
Agriculture shall inspect licensed grower's operations as often as the
department considers necessary to determine and control pest, disease and
noxious weed conditions.
(2) In addition to the inspections provided in subsection (1) of
this section, the department shall make such inspections as are necessary
for the issuance of phytosanitary and other certificates. [1985 c.197
§12; 1989 c.561 §7]The State Department of Agriculture shall use all
appropriate methods to determine the accuracy of acreage reporting to
determine the license fee prescribed by ORS 571.530. [1985 c.197 §13;
1989 c.561 §8]No person shall:
(1) Substitute other Christmas tree stock for Christmas tree stock
covered by an inspection certificate.
(2) Transport or accept for transportation Christmas tree stock
that does not carry the official inspection tag authorized by the State
Department of Agriculture. [1985 c.197 §14](1)(a) No person shall knowingly offer to sell Christmas tree
stock that is infected or infested.
(b) Unless the Christmas tree stock is held for separation or
treatment under the supervision of an officer, employee or inspector of
the State Department of Agriculture, no person shall advertise, display,
transport, move, store or warehouse Christmas tree stock that is infected
or infested.
(c) Any infected or infested Christmas tree stock may be seized in
accordance with the procedures provided for in ORS 561.605 to 561.630.
(2) As used in subsection (1) of this section:
(a) "Infected" means any appearance of a disease symptom or causal
agent that may, in the opinion of the department, be a menace to other
Christmas tree stock or any products or properties.
(b) "Infested" means when the mature or immature form of any plant
pest, including noxious weeds as defined by the department, is found in
such numbers as, in the opinion of the department, to be a menace to
other Christmas tree stock or any product or properties. [1985 c.197 §15] The State
Department of Agriculture shall deposit all fees paid to it under ORS
571.505 to 571.580 in the Department of Agriculture Service Fund, and
such moneys are continuously appropriated to the department for the
purposes of administering and enforcing ORS 571.505 to 571.580. [1985
c.197 §16]PENALTIES Subject to ORS
153.022, violation of ORS 571.005 to 571.230 or rules adopted thereunder
is punishable, upon conviction, by a fine of not more than $5,000. [1963
c.461 §32; 1985 c.659 §5; 1999 c.1051 §318] Violation
of ORS 571.525, 571.570 or 571.575, or of any rules adopted pursuant
thereto, is a misdemeanor. [1985 c.197 §17] (1) In
addition to any applicable criminal penalty under ORS 571.991 or 571.995
or any other penalty, a person who violates ORS 571.055 or 571.525 is
subject to a civil penalty imposed by the State Department of
Agriculture. The civil penalty shall not exceed $10,000.
(2) Every violation of ORS 571.055 or 571.525 is a separate offense
subject to a separate civil penalty.
(3) The department shall consult with, and seek the advice of, the
State Christmas Tree Advisory Committee and the State Nursery Research
and Regulatory Committee in order to:
(a) Develop one or more schedules setting the amounts of civil
penalties that may be imposed for particular types of violations;
(b) Develop guidelines and policies regarding the circumstances
under which civil penalties should be imposed; and
(c) At least biannually review cases to ensure that guidelines and
policies developed under paragraph (b) of this subsection are being
followed.
(4) The imposition of a civil penalty under this section is subject
to ORS 183.745.
(5) The State Treasurer shall deposit all moneys from civil
penalties recovered under this section into the Department of Agriculture
Account.
(6) Moneys from civil penalties recovered under this section for a
violation of ORS 571.055 are continuously appropriated to the department
for the administration of nursery laws and industry projects under ORS
571.005 to 571.230.
(7) Moneys from civil penalties recovered under this section for a
violation of ORS 571.525 are continuously appropriated to the department
for the administration of Christmas tree laws and industry projects under
ORS 571.510 to 571.580. [1999 c.390 §6]
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