As used in ORS
633.006 to 633.089, unless the context requires otherwise:
(1) “Animal feed manufacturing plant” means:
(a) Any business, establishment, building, plant or place where
commercial feed for animals is manufactured, mixed, processed or packed.
(b) Vehicles used in transporting commercial feed or components or
ingredients thereof, machinery, equipment, utensils, implements, or other
items, articles or materials used in the business or operation.
(c) The ground upon which the operation or business is carried out
and other ground not adjacent thereto that is a part of the business or
operation under the same entity or ownership.
(2) “Brand” means any word, name, symbol or device or any
combination thereof identifying and distinguishing the commercial feed of
a distributor from the feed of other distributors.
(3) “Bulk” is the sale, offering or exposing for sale or delivery
of commercial feeds, in:
(a) Open containers, closed or open tote boxes, closed or open
tanks, closed or open trailers, all of which may be further described or
defined by the State Department of Agriculture; or
(b) Other types of containers, vehicles or conveyances defined or
recognized by the department.
(4) “Commercial feed” means any material that is distributed for
use as feed, or as a feed ingredient for mixing in feed for animals, or
any feed additive concentrate, feed additive supplement, feed additive
premix, or premix, except:
(a) Unmixed seeds, whole or processed, made directly from the
entire seed.
(b) Hay, straw, stover, cobs, husks, screenings and hulls, when
unground or unmixed with other materials.
(c) Feed for dogs, cats, birds or fish maintained as household pets.
(d) Silage, or materials containing at least 60 percent water.
(e) Individual chemical compounds not mixed with other materials.
This exemption, however, does not cover or extend to phosphate, urea or
ammonium compounds that are recommended for animal feeding purposes.
(5) “Contract feeder” means an independent contractor or other
person who feeds commercial feed to another person’s animals pursuant to
an oral or written agreement whereby the commercial feed is distributed
to the contractor or other person by any distributor and whereby the
contractor or other person’s remuneration is determined all or in part by
feed consumption, mortality, profits or amount or quality of animals
produced. “Contract feeder” does not include a bona fide employee of a
manufacturer or distributor of commercial feed.
(6) “Custom mixed feed” means any mixture of materials, substances
or ingredients described or set forth under the definition of commercial
feed, each lot of which is mixed according to the specific instructions
of, or prescribed for the specific use of, the final consumer.
(7) “Department” means the State Department of Agriculture.
(8) “Distribute” means to offer for sale, sell or barter commercial
feed or to supply, furnish or otherwise provide commercial feed to a
contract feeder.
(9) “Distributor” means a person who distributes commercial feed.
(10) “Drug” means any substance:
(a) Intended or represented for the cure, mitigation, treatment or
prevention of disease of animals;
(b) Intended to affect the structure of any function of the body of
an animal; or
(c) So defined by rule of the department.
(11) “Feed ingredient” means each of the constituent materials
making up a commercial feed.
(12) “Final consumer” means a person that feeds animals that are
under the control or ownership of that person.
(13) “Ground” means a condition resulting from crushing, rolling,
chopping or grinding.
(14) “Label” means a display of written, printed or graphic matter
placed on or affixed to the container in which a commercial feed is
distributed, or on the invoice or delivery slip with which a commercial
feed is distributed.
(15) “Manufacture” means to grind, chop, crush, roll, cube, flake,
extrude, cook, pelletize, mix or otherwise process feed ingredients.
(16) “Mineral feed” means a substance or mixture of substances
designed or intended to supply primarily mineral elements or inorganic
nutrients.
(17) “Official sample” means any sample of feed taken by the
department and designated as “official” by the department.
(18) “Percent” or “percentage” means percentage by weight.
(19) “Sell” or “sale” includes exchange. [1967 c.591 §2 (enacted in
lieu of 633.005); 1973 c.342 §2; 1979 c.116 §1; 1995 c.79 §322; 2001
c.137 §4] (1) A person
may not distribute a nonregistered commercial feed. Every brand, and each
formula or formulation thereof, of commercial feeds manufactured,
compounded, delivered or distributed in this state must be registered
with the State Department of Agriculture. The distributor must submit an
application for registration on forms furnished by the department. If the
department so requests, the distributor must submit the label or a
facsimile of the label and other printed matter describing the product.
Upon approval by the department, a certificate of registration shall be
furnished to the distributor. All registrations expire on December 31 of
each year. The application must include the information required by ORS
633.026 (1)(a) to (f) and such other information as the department may
require.
(2) A distributor is not required to register any brand of
commercial feed that has been registered under ORS 633.006 to 633.089 and
633.992 by another person.
(3) Changes in the guarantee of either chemical or ingredient
composition of a registered commercial feed may be permitted, if there is
satisfactory evidence that such changes would not result in a lowering of
the feeding value of the product for the purpose for which designed.
(4) The department may refuse registration of any commercial feed
if the application is not in compliance with the provisions of ORS
633.006 to 633.089 and 633.992. The department may cancel any
registration subsequently found not to be in compliance with any
provision of ORS 633.006 to 633.089 and 633.992. The department shall
give the registrant reasonable opportunity to be heard before the
department and to amend the application in order to comply with the
requirements of ORS 633.006 to 633.089 and 633.992.
(5) Custom mixed feeds are exempt from registration.
(6) Each application for registration must be accompanied by a fee
to be established by the department not to exceed $20 for each formula or
formulation of commercial feed under each brand. [1961 c.314 §2; 1967
c.591 §3; 1971 c.489 §1; 2001 c.137 §5](1) Commercial feed, other than custom mixed feed,
must have a label bearing the following information:
(a) The product name and the brand name, if any, under which the
feed is distributed.
(b) The guaranteed analysis stated in such terms as the State
Department of Agriculture, by rule, determines are required to advise the
user of the composition of the feed or to support claims made in the
labeling. The substances or elements of the feed must be determinable by
laboratory methods approved by department rule. In approving laboratory
methods, the department may consider methods listed in publications of
AOAC International, formerly the Association of Official Analytical
Chemists.
(c) The common or usual name of each ingredient used in the
manufacture of the feed. The department, by rule, may permit the use of a
collective term for a group of ingredients that perform a similar
function. The department, by rule, may exempt a commercial feed or any
group of feeds from the ingredient statement requirement if the
department determines that a statement is not required to protect the
interests of consumers.
(d) Adequate directions for use if the feed contains drugs or if
the department, by rule, determines that directions are necessary for
safe and effective use.
(e) Precautionary statements that the department, by rule,
determines to be necessary for safe and effective use of the feed.
(f) The name and principal mailing address of the manufacturer or
the distributor.
(g) A quantity statement.
(2) A person that distributes commercial feed in bags or other
containers shall ensure that the label required by this section is placed
on or affixed to the container. If the feed is distributed in bulk, the
distributor shall ensure that the label accompanies the delivery and is
furnished to the purchaser upon delivery. A commercial feed is exempt
from the labeling requirement of this section if the feed does not
contain a drug and is distributed by filling, in the presence of the
purchaser, from retail bins or other retail bulk display containers that
are labeled as required under this section. [2001 c.137 §2](1) A custom mixed feed delivered to a final consumer must be
accompanied by at least one label, invoice, delivery slip or other
shipping document that bears all of the following information:
(a) The name and principal mailing address of the manufacturer.
(b) The name and address of the final consumer.
(c) The date of delivery.
(d) The quantity delivered.
(e) Adequate directions for use if the custom mixed feed contains
drugs or if the State Department of Agriculture, by rule, determines that
directions are necessary for safe and effective use of the feed.
(2) If the custom mixed feed contains drugs, the label, invoice,
delivery slip or other shipping document referred to in subsection (1) of
this section must bear the following information in addition to the
information required under subsection (1) of this section:
(a) A statement of the claimed purpose of the drugs;
(b) The established name of each active drug ingredient; and
(c) The level of each drug used in the final mixture.
(3) If a custom mixed feed is delivered to a final consumer in bags
or other containers, each container must be labeled with the name of the
final consumer or with the order number. If a custom mixed feed is
delivered in bulk, the name of the final consumer or the order number
must be printed on each delivery ticket or on a label attached to each
delivery ticket.
(4) A person that distributes a custom mixed feed to a final
consumer shall ensure that all labels, invoices, delivery tickets or
other shipping documents required by this section accompany the custom
mixed feed.
(5) Upon request, a distributor shall provide a final consumer with
the information required by this section, including but not limited to
the name and number of pounds of each ingredient or commercial feed used
in the custom mixed feed. A seller shall maintain records adequate to
derive the information required by this subsection for two years from the
date of sale. The department may inspect records required under this
subsection and any unsold quantities of custom mixed feed during the
seller’s regular business hours. [2001 c.137 §3](1)(a) A person may not operate an animal feed manufacturing
plant, distribute commercial feeds other than at retail, be furnished a
certificate of registration of a brand in this state, distribute a custom
mixed feed manufactured for that person, or repackage or relabel a
commercial feed manufactured by another person without having first
obtained a license from the State Department of Agriculture. Application
for license must be on forms prescribed by the department and must be
accompanied by a license fee established by the department, not to exceed
$500. All licenses shall expire December 31 of each year.
(b) In accordance with the provisions of ORS chapter 183, the
department may promulgate rules designating different license fees for
various categories of persons described in paragraph (a) of this
subsection, so as to recognize differences in types of activities or
volumes of business.
(2)(a) A contract feeder is not subject to the provisions of
subsection (1) of this section, provided no drugs in any form are
utilized in the manufacturing, mixing or processing of the feed. In the
event drugs are so utilized, the contract feeder or other person
utilizing the drugs is subject to the provisions of subsection (1) of
this section.
(b) In accordance with the applicable provisions of ORS chapter
183, the department shall promulgate rules designating the types or
categories of persons described in paragraph (a) of this subsection to
whom this section applies. In promulgating such rules, the department
shall consider:
(A) The methods of manufacture, mixing or processing of feed used;
(B) The quantities and kinds of drugs used; and
(C) The number, ages and kinds of animals to which the feed is to
be made available. [1971 c.489 §7; 1973 c.342 §3; 1979 c.116 §3; 2001
c.137 §6]A person or contract feeder who manufactures, mixes or
processes feeds in which drugs have been used so that the person or
contract feeder is not exempt from the provisions of ORS 633.029, shall
maintain an accurate record for at least one year from the date the drugs
were so used showing the name or identity of each drug so used and its
level of usage. The State Department of Agriculture is authorized to
inspect the records of such persons to insure compliance with ORS 633.029
and this section. [1967 c.591 §6a; 1973 c.342 §1] No person shall
distribute an adulterated commercial feed. A commercial feed shall be
deemed to be adulterated:
(1) If any poisonous, deleterious or nonnutritive ingredient is
therein present in sufficient amount to render it injurious to health
when fed in accordance with directions for use shown on the label.
(2) If any valuable constituent has been in whole or in part
omitted or abstracted therefrom or any less valuable substance
substituted therefor.
(3) If its composition or quality falls below or differs from that
which by its labeling it is purported or represented to possess.
(4) If it contains added hulls, screenings, refuse screenings,
straw, cobs or other high fiber material, unless the name of each
material is stated on the label.
(5) If it contains pesticide residues or other chemicals in excess
of amounts which, by regulation, the State Department of Agriculture
declares safe for feeding purposes. In adopting such regulations the
department may take into consideration the commonly permitted amounts of
chemicals authorized by:
(a) The United States and other states.
(b) Other recognized agencies or organizations experienced in the
chemical field.
(6) If it contains a drug other than those permitted by regulations
promulgated by the department. In promulgating such regulations the
department shall consider the current good manufacturing practice
regulations for medicated feed premixes and for medicated feeds
established under authority of the Federal Food, Drug and Cosmetic Act.
[1961 c.314 §5; 1971 c.489 §3]A person may not
distribute misbranded commercial feed. A commercial feed is misbranded:
(1) If its labeling is false or misleading in any particular.
(2) If it is distributed under the name of another feed.
(3) If it is not labeled as required by ORS 633.026 and by rules
adopted pursuant to ORS 633.006 to 633.089 and 633.992.
(4) If it purports to be or is represented as a feed ingredient or
as containing a feed ingredient, unless that feed ingredient conforms to
the definition of identity, if any, prescribed by rule of the State
Department of Agriculture. In adopting rules under this subsection, the
department may take into consideration the commonly accepted definitions
approved or authorized by:
(a) The United States and other states.
(b) Other recognized agencies or organizations experienced in such
matters, such as the Association of American Feed Control Officials.
(5) If any word, statement or other information required by ORS
633.006 to 633.089 and 633.992 or by rule of the department to appear on
the label is not prominently placed thereon with such conspicuousness, as
compared with other words, statements, designs or devices in the
labeling, and in such terms as to render it likely to be read and
understood by the ordinary individual under customary conditions of
purchase and use. [1961 c.314 §6; 2001 c.137 §7] (1) It shall be the
duty of the State Department of Agriculture to sample, inspect, make
analyses of, and test commercial feeds distributed within this state, at
such times and places and to such an extent as may be necessary to
determine whether or not such feeds are in compliance with the provisions
of ORS 633.006 to 633.089 and 633.992. The department is authorized to
enter upon any public or private premises, including any vehicle of
transport, during regular business hours, in order to have access to
commercial feeds and to records relating to their distribution.
(2) The methods of sampling and analysis shall be those adopted by
the department. In adopting such methods, the department may take into
consideration:
(a) The methods scientifically developed and described in
recognized official publications such as the Journal of the Association
of Official Agricultural Chemists.
(b) The methods approved by the United States, other states and
other recognized agencies or organizations experienced in such matters.
(3) In determining for administrative purposes whether or not a
commercial feed is deficient in any component, the department shall be
guided solely by the official sample as defined in ORS 633.006 and
obtained and analyzed as provided by subsection (2) of this section.
(4) When inspection and analysis of an official sample indicate
that a commercial feed has been adulterated or misbranded, the results of
analysis shall be forwarded by the department to the registrant. Upon
request, within 30 days, the department shall furnish to the registrant a
portion of the sample analyzed.
(5) The department may take investigational samples that may be
examined otherwise than by the official method required by this section.
For administrative purposes, only samples taken as directed by subsection
(3) of this section may be used. [1961 c.314 §7; 1967 c.591 §4; 2001
c.104 §247; 2001 c.137 §8]
The State Department of Agriculture may promulgate such rules and
regulations for commercial feeds as are necessary for the administration
and enforcement of ORS 633.006 to 633.089 and 633.992, including but not
limited to additional definitions, licensing requirements, registration
and license fee requirements, labeling requirements, inspection and
enforcement procedures, testing and analysis procedures, and enforcement
of federal commercial feed programs under agreement with federal
agencies. [1971 c.489 §6](1) The State
Department of Agriculture shall establish and maintain a procedure, plan
and system whereby a farmer, contract feeder or other person actually
feeding bulk commercial feed or custom mixed feed to animals may request
the department to sample and provide special official testing and
analysis of such feeds. It is the purpose and intent of this section that
the department desires to make its personnel, facilities and laboratories
available to such persons and to determine if such feeds are in
compliance with the provisions of ORS 633.006 to 633.089 and 633.992 or
for any other purpose which the department may determine is reasonable
and necessary.
(2) The department may provide for the obtaining, handling and
testing of samples of bulk commercial feed and custom mixed feed as
provided in subsection (1) of this section, including split sampling
thereof with portions of each sample being made available to the seller
and to the contract feeder or person feeding the feed to animals. Copies
of the final results of the tests or analysis, which shall not be a
public record, shall be made available only to the seller and to the
contract feeder or person feeding the feed to animals. [1967 c.591 §8] The State Department
of Agriculture may cooperate with and enter into contracts and agreements
with governmental agencies of this state, other states, the federal
government, county governments of this state or municipalities in this
state, in connection with the administration of ORS 633.006 to 633.089
and 633.992 and of the provisions of federal laws or regulations relating
to the operation of animal feed manufacturing plants in Oregon. [1971
c.489 §8](1) When the State
Department of Agriculture has reasonable cause to believe any quantity or
lot of commercial feed is being sold or distributed in violation of ORS
633.006 to 633.089 and 633.992 or regulations promulgated thereunder, it
may, in accordance with ORS 561.605 and 561.620, issue and enforce a
written “withdrawal from distribution” order, directing the distributor
thereof not to dispose of the quantity or lot of commercial feed in any
manner until written permission is first given by the department. The
department shall release the quantity or lot of commercial feed so
withdrawn when said law and regulations have been complied with.
(2) Any quantity or lot of commercial feed found by the department
not to be in compliance with ORS 633.006 to 633.089 and 633.992 or
regulations promulgated thereunder, may be seized by the department in
accordance with the provisions of ORS 561.605 to 561.620. [1971 c.489 §9] The State
Department of Agriculture shall deposit all fees paid to it under the
provisions of ORS 633.006 to 633.089 in the Department of Agriculture
Service Fund. Such fees are continuously appropriated to the department
for the purpose of administering and enforcing such sections. [1967 c.591
§7; 1979 c.499 §30]FERTILIZERS AND OTHER SOIL-ENHANCING PRODUCTS As used
in ORS 633.311 to 633.479 and 633.994:
(1) “Agricultural amendment” means a mixed or unmixed synthetic
organic chemical substance, a chemically or physically modified natural
substance, a naturally occurring substance or a manufacturing by-product,
or combination thereof, intended as a source of plant food, to induce
crop yields or plant growth or to produce any physical or chemical change
in the soil. “Agricultural amendment” does not include:
(a) Fertilizer products;
(b) Agricultural mineral products;
(c) Lime products;
(d) Hays;
(e) Straws;
(f) Peat;
(g) Leaf mold;
(h) Sands;
(i) Expanded silicates;
(j) Biosolids-derived products, compost and animal or vegetable
manures that are not packaged and do not contain a grade statement or
guaranteed analysis;
(k) Biosolids, domestic septage and domestic wastewater treatment
facility solids regulated under ORS chapters 468 and 468B; and
(L) Reclaimed water or treated effluent regulated under ORS
468.020, 468B.010 and 468B.015.
(2) “Agricultural mineral” means a mineral substance, mixture of
mineral substances or mixture of mineral and organic substances
containing less than five percent of available nitrogen (N), available
phosphate (P2O5) or soluble potash (K2O), singly, collectively or in
combination, designed for use principally as a source of plant food, in
inducing increased crop yields or plant growth or producing any physical
or chemical change in the soil. “Agricultural mineral” does not include:
(a) Fertilizer products;
(b) Agricultural amendment products;
(c) Lime products;
(d) Sand;
(e) Soil;
(f) Biosolids-derived products, compost and animal or vegetable
manures that are not packaged and do not contain a grade statement or
guaranteed analysis;
(g) Biosolids, domestic septage and domestic wastewater treatment
facility solids regulated under ORS chapters 468 and 468B; and
(h) Reclaimed water or treated effluent regulated under ORS
468.020, 468B.010 and 468B.015.
(3) “Available phosphate” means the sum of the water soluble and
citrate soluble phosphate.
(4) “Bulk” or “bulk sale” is the sale, offering for sale or
delivery of a fertilizer, agricultural mineral, agricultural amendment or
lime product or of a custom mix, in unpackaged form, such as in open
containers, closed or open tote boxes, closed or open tanks, closed or
open trailers, spreader trucks or other types of containers, vehicles or
conveyances as determined by State Department of Agriculture rule.
(5) “Compost” means a substance derived primarily or entirely from
the decomposition of vegetative or animal organic material that is sold
or offered for sale for the purpose of promoting or stimulating plant
growth and to which no fertilizer, agricultural mineral, agricultural
amendment or lime product is added other than to promote decomposition.
(6) “Custom mix” means a mixture of fertilizer, agricultural
mineral, agricultural amendment or lime product, each lot or batch of
which is mixed according to the specific instructions of or is prescribed
for the special use of the final purchaser.
(7) “Department” means the State Department of Agriculture.
(8) “Director” means the Director of Agriculture.
(9) “Distributor” means a person who imports, consigns, sells or
offers for sale, barters, exchanges or otherwise facilitates the supply
of fertilizer, agricultural mineral, agricultural amendment or lime
product.
(10) “Fertilizer” means any substance, or any combination or
mixture of substances, that is designed for use primarily as a source of
plant food, in inducing increased crop yields or plant growth, or
producing any physical or chemical change in the soil, and that contains
five percent or more of available nitrogen (N), available phosphate
(P2O5) or soluble potash (K2O), singly, collectively or in combination.
“Fertilizer” does not include:
(a) Agricultural mineral products;
(b) Agricultural amendment products;
(c) Lime products;
(d) Hays;
(e) Straws;
(f) Peat;
(g) Leaf mold;
(h) Biosolids-derived products, compost and unpackaged animal or
vegetable manures that do not contain a grade statement or guaranteed
analysis;
(i) Biosolids, domestic septage and domestic wastewater treatment
facility solids regulated under ORS chapters 468 and 468B; and
(j) Reclaimed water and treated effluent regulated under ORS
468.020, 468B.010 and 468B.015.
(11) “Grade” means the minimum percentage claimed for available
nitrogen (N), available phosphate (P2O5) or soluble potash (K2O) stated
in the same terms, order and percentages as the guaranteed analysis.
(12) “Guaranteed analysis” means the minimum percentage of the
following claimed to be present in a product:
(a) Primary nutrients;
(b) Secondary nutrients;
(c) Micronutrients;
(d) Neutralizing capability; or
(e) Substances claimed to induce crop yields or plant growth or to
produce any physical or chemical change in the soil.
(13) “Label” means all written, printed or graphic matter on the
immediate container or on a statement or invoice accompanying any
fertilizer, agricultural mineral, agricultural amendment or lime product.
(14) “Labeling” means a printed or verbal representation used to
promote the sale of any fertilizer, agricultural mineral, agricultural
amendment or lime product, including but not limited to a representation
by means of:
(a) Brochures;
(b) Posters;
(c) Internet;
(d) Television; and
(e) Radio.
(15) “Lime” means any substance or mixture of substances whose
calcium and magnesium compounds are capable of neutralizing soil acidity.
(16) “Lime score” means a numerical expression of the quality of
lime, as determined by the department by rule.
(17) “Manufacture” means to compound, produce, granulate, mix,
blend, repackage or otherwise alter the composition of fertilizer,
agricultural mineral, agricultural amendment or lime product.
(18) “Micronutrient” means boron (B), chlorine (Cl), cobalt (Co),
copper (Cu), iron (Fe), manganese (Mn), molybdenum (Mo), sodium (Na) or
zinc (Zn).
(19) “Official sample” means any representative sample of product
taken by the department or a representative of the department and
designated as official.
(20) “Package” means any closed container, regardless of size, but
does not mean the receptacle in which bulk product is sold, offered for
sale or delivered.
(21) “Percent” or “percentage” means percentage by weight.
(22) “Phosphate” means the amount of pentavalent phosphorus present
in the material calculated as phosphorus pentoxide (P2O5) and expressed
as available phosphate.
(23) “Primary nutrient” means nitrogen (N), available phosphate
(P2O5) or soluble potash (K2O).
(24) “Product” means a readily distinguishable, individually
labeled substance containing fertilizer, agricultural mineral,
agricultural amendment or lime.
(25) “Registrant” means the person who registers a fertilizer,
agricultural mineral, agricultural amendment or lime product under ORS
633.362.
(26) “Secondary nutrient” means calcium (Ca), magnesium (Mg) or
sulfur (S).
(27) “Ton” means 2,000 pounds avoirdupois.
(28) “Waste-derived product” means any fertilizer, agricultural
mineral, agricultural amendment or lime product derived in whole or in
part from hazardous waste as defined in ORS 466.005 (7) or in rules
adopted thereunder, solid waste as defined in ORS 459.005 (24) or in
rules adopted thereunder, or industrial waste as defined in ORS 468B.005
(2) or in rules adopted thereunder. “Waste-derived product” does not
include:
(a) Biosolids, biosolids-derived products, domestic septage and
domestic wastewater treatment facility solids regulated under ORS
chapters 468 and 468B; or
(b) Reclaimed water or treated effluent regulated under ORS
468.020, 468B.010 and 468B.015. [2001 c.914 §2] ORS
633.311 to 633.479 and 633.994 apply only to the extent that they are
consistent with ORS chapter 634. The provisions of ORS 633.311 to 633.479
and 633.994 do not supersede the provisions of ORS chapter 634. [2001
c.914 §3](1) A manufacturer-bulk distributor
license issued by the State Department of Agriculture is required for
manufacturers or bulk distributors of registered or custom mixed
fertilizer, agricultural amendment, agricultural mineral or lime
products. A license is required for any business entity described by
either or both of the following conditions:
(a) Each out-of-state or in-state business entity that distributes
fertilizer, agricultural amendment, agricultural mineral or lime in bulk.
(b) Each in-state business entity that manufactures any fertilizer,
agricultural amendment, agricultural mineral or lime product in this
state.
(2) An application for a manufacturer-bulk distributor license must
be filed on forms provided by the department and must be accompanied by a
nonrefundable license fee to be determined by rule, not to exceed $50 for
each business entity per year.
(3) An application for a license must include but not be limited to:
(a) The name, physical address and mailing address of the business
entity main office and primary contact;
(b) A list of locations that are in operation for more than 90 days
during a license period; and
(c) Other information as required by the department to clarify the
manufacturer’s or bulk distributor’s activities or location.
(4) A manufacturer-bulk distributor license will expire on December
31 of each year. A late fee of $25 may be assessed by the department on
or after the 30th day following the expiration of a license if the
license fee has not been paid by the applicant. The late fee shall be
added to the required license fee and must be paid by the applicant
before the department may issue a license to the applicant.
(5) Within 30 days, each license holder shall report any change to
the department that results in the addition, removal or change of a
location. [2001 c.914 §22](1) A person may not sell,
offer for sale or distribute fertilizer, agricultural mineral,
agricultural amendment or lime product, in package or in bulk, unless
there is a printed label attached or applied to the package, or, in the
case of bulk sale, a separate document that physically accompanies the
shipment and is furnished to the user or purchaser when each separate
delivery is made, or when the last delivery is made of the entire lot or
sale thereof. The printed label must include the following:
(a) The name under which the product is registered or sold.
(b) The net weight or volume.
(c) The name and mailing address of the manufacturer, distributor
or registrant.
(d) The product grade if primary nutrients are claimed.
(e) A guaranteed analysis. The guaranteed analysis must follow the
statement, “GUARANTEED ANALYSIS.” Guarantees must be based on a
laboratory method of analysis approved by the State Department of
Agriculture. The guaranteed analysis shall be stated on an “as is” basis
at the time the fertilizer, agricultural mineral, agricultural amendment
or lime product is offered for sale or distributed into or within this
state. Primary nutrients, secondary nutrients and micronutrients that are
claimed or advertised must be individually guaranteed.
(f) A derivation statement declaring the sources for all primary
and secondary nutrients, micronutrients and non-plant food ingredients
guaranteed. The statement must be listed below the completed guaranteed
analysis. Abbreviations, brand names, trademarks and trade names may not
appear in the derivation statement, but may appear as part of the product
name in an area of the label that is separate from the derivation
statement.
(g) The identity and amount of ingredients other than primary
nutrients, secondary nutrients and micronutrients that are claimed or
advertised. The identity and amount must be guaranteed and determinable
by laboratory methods approved by the department. The source of such
ingredients shall be placed on the label as follows:
___________________________________________________________________________
___ALSO CONTAINS NON-PLANT
FOOD INGREDIENT(S):
___% Humic Acids (Derived from_____)
___% Other Determinable Non-Plant
Food Ingredients
___________________________________________________________________________
(h) A unique identifier for custom mixed products.
(i) An Internet address that leads to a department website that is
accessible to the public and contains product-specific information. The
department shall adopt rules establishing the date for label compliance
and the nature of product information that must be available through the
website. The information, accessible by product name, ingredient or
reportable substance, shall include, at a minimum:
(A) The name of any product identified as waste-derived in an
application for registration as provided in ORS 633.362 (9);
(B) The Standard Industrial Classification code of the facility
that generated each waste-derived product or waste-derived ingredient of
a product identified in subparagraph (A) of this paragraph; and
(C) The type and level of metals and other substances required by
the department by rule to be reported for registration of any product as
provided in ORS 633.362 (10).
(2)(a)(A) Primary nutrients that are claimed or advertised must be
guaranteed and placed on the label as follows:
___________________________________________________________________________
___GUARANTEED ANALYSIS:
Total Nitrogen (N) ___%
___% Ammoniacal Nitrogen
___% Nitrate Nitrogen
___% Water Soluble Organic Nitrogen or
other recognized and determinable forms of
Nitrogen
___% Water Insoluble Organic Nitrogen or
Water Insoluble Nitrogen
Available Phosphate (P2O5) ___%
Soluble Potash (K2O) ___%
___________________________________________________________________________
___
(B) The guarantees for the forms of nitrogen must add up to the
total nitrogen guarantee and may be shown by subscript. The forms of
nitrogen may be listed in an order other than the order listed in this
subsection.
(b) In addition to guarantees of available phosphate (P2O5) and
soluble potash (K2O), the percentage of phosphorus (P) and potassium (K)
may be shown by indentation and subscript as prescribed by the
department. Phosphorous acid (expressed as H3PO3 or PO3) cannot be
claimed as a source of available phosphate.
(c) Unacidulated mineral phosphatic materials, bone, tankage or
other phosphatic materials shall be guaranteed on the label as follows:
___________________________________________________________________________
___Available Phosphate (P2O5) ___%___% Total Phosphate
___% Insoluble Phosphate
___________________________________________________________________________
___
(3) The following secondary nutrients and micronutrients that are
claimed or advertised must be guaranteed, must be placed on the label in
the same order as listed in this subsection and must immediately follow
the guaranteed analysis. The guaranteed analysis of secondary nutrients
and micronutrients shall be made on the elemental basis. When a chelated,
water soluble or other form of plant nutrient is claimed or advertised in
addition to the elemental form of the same secondary nutrient or
micronutrient, the form and percentage must be guaranteed separately.
Except for products defined by the department by rule, the minimum
percentages that may be accepted for registration are as follows:
___________________________________________________________________________
___Calcium (Ca) ................................... 1.0000%
Magnesium (Mg) ............................ 0.5000%
Sulfur (S) ........................................ 1.0000%
Boron (B) ........................................ 0.0200%
Chlorine (Cl) ................................... 0.1000%
Cobalt (Co) ..................................... 0.0005%
Copper (Cu) .................................... 0.0500%
Iron (Fe) .......................................... 0.1000%
Manganese (Mn) ............................. 0.0500%
Molybdenum (Mo) ......................... 0.0005%
Sodium (Na) ................................... 0.1000%
Zinc (Zn) ......................................... 0.0500%
___________________________________________________________________________
___
(4) The label for any fertilizer, agricultural amendment,
agricultural mineral or lime product with added boron greater than 0.1
percent or added molybdenum greater than 0.001 percent must include a
warning or cautionary statement that the product contains added boron or
molybdenum and is to be used only according to the manufacturer’s
recommendations or directions.
(5)(a) If a fertilizer, agricultural mineral or agricultural
amendment product is intended to be microbiological inoculum, the label
must include:
(A) A product expiration date;
(B) The number of each viable organism per milliliter for liquid
products or per gram for dry products; and
(C) The identification of each viable organism expressed as genus
and species, and, if applicable, strain.
(b) If a fertilizer, agricultural mineral or agricultural amendment
product is derived from a microbiological process or culture but is not
intended to be a microbiological inoculum, the product label must include
a statement that the product is not a viable culture.
(6) A product ingredient may not be listed, claimed or guaranteed
on the label or labeling without prior approval by the department. [2001
c.914 §4] In
addition to the labeling requirements under ORS 633.321, the label for a
lime product must include the following:
(1) The name of the particular form of lime. Forms of lime may
include, but are not limited to, ground limestone, shells, burnt lime,
lime hydrate, sugar lime, residue lime, dolomitic lime, lime sludge and
waste lime.
(2) The guaranteed analysis, stating:
(a) The minimum percentage of calcium oxide (CaO) or calcium
carbonate (CaCO3);
(b) The minimum percentage of magnesium oxide (MgO) or magnesium
carbonate (MgCO3);
(c) The minimum total neutralizing power expressed in terms of
calcium carbonate equivalent (CCE);
(d) The percentage of product that will pass, respectively, a
100-mesh, 40-mesh, 20-mesh and 10-mesh sieve. The mesh size declaration
may include a declaration of the percentage of product that will pass
additional mesh sizes, but the mesh sizes specified in this paragraph
must be included in the mesh size declaration;
(e) The lime score; and
(f) The maximum moisture content if the moisture content is more
than two percent, expressed in whole numbers as follows, “Moisture
content does not exceed _____ percent.” [2001 c.914 §5]In addition to the labeling requirements under ORS 633.321,
the label for an agricultural amendment must include the following:
(1) A guaranteed analysis that contains the name and percentage of
each substance intended to be used as a source of plant food, to induce
crop yields or plant growth or to produce any physical or chemical change
in the soil, listed consecutively, followed by the percentage of other
substances intended to be inert ingredients.
(2) The purpose of the product.
(3) Directions for application. [2001 c.914 §6]
In addition to the labeling requirements under ORS 633.321, the label for
an agricultural mineral must include the following:
(1) The percentage of sulfur contained in the product if the
principal ingredient of the agricultural mineral is sulfur.
(2) The percentage of calcium sulfate, if the product is gypsum,
landplaster or plaster or is an agricultural mineral in which calcium
sulfate (CaSO4• 2H2O) is the principal ingredient.
(3) The percentage of all ingredients contained in the product, in
terms prescribed by the State Department of Agriculture, for all other
agricultural minerals or mixtures of agricultural minerals with a
principal ingredient other than sulfur or calcium sulfate. [2001 c.914 §7] In addition
to the guarantees of plant nutrients required by ORS 633.321, label
guarantees of other plant nutrients may be made from a list approved by
the State Department of Agriculture. [2001 c.914 §8] A person may not sell or offer
for sale for agronomic purposes any leather, hair, wool waste, hoof,
horn, urea-formaldehyde condensation products or similar materials,
either singly or in combination, unless the products or materials have
been processed in such manner as to make the plant food content available
in conformity with the standards established by the State Department of
Agriculture, taking into consideration the standards of activity
recommended by recognized experts in the field. [2001 c.914 §9](1) Each separately identifiable fertilizer,
agricultural amendment, agricultural mineral or lime product, whether in
package or in bulk, shall be registered with the State Department of
Agriculture. A person may not sell, offer for sale or distribute a
fertilizer, agricultural amendment, agricultural mineral or lime product
in this state until the fertilizer, agricultural amendment, agricultural
mineral or lime product is registered with the department.
(2) The application for registration shall be made on a form or
forms provided by the department. The application for registration shall
include the following information:
(a) Product name and grade;
(b) Product label;
(c) Name and physical address of the registrant;
(d) Mailing address of the registrant;
(e) Product laboratory analysis;
(f) Supplier or suppliers of ingredients;
(g) Identification of the industry, industry process or industry
processes and location of the facility that generated any waste-derived
ingredient or ingredients; and
(h) Other information required by the department by rule.
(3) The application for registration shall be accompanied by a
nonrefundable registration fee established by department rule, not to
exceed $25 annually for each fertilizer, agricultural amendment,
agricultural mineral or lime product. For a waste-derived product, the
department shall also charge an annual product evaluation fee. For a
fertilizer, agricultural mineral or agricultural amendment product, the
department may charge a product evaluation fee if supplementary research
and evaluation by the department is required in order to determine
product compliance with ORS 633.311 to 633.479 and 633.994. The
department shall establish product evaluation fees by rule, not to exceed
$50. The department shall review the registration application form and
product label for compliance with ORS 633.311 to 633.479 and 633.994. If
the department finds that the application information and product label
comply with ORS 633.311 to 633.479 and 633.994, the department shall
issue a certificate of registration to the registrant.
(4) Certificates of registration shall expire on December 31 of
each year, except that the department may grant a certificate of
registration for two years. Certificates of registration for two years
shall expire on December 31 of the last year in the two-year period.
(5) The department may assess a $25 late registration fee for a
product if the registrant has not paid the registration fee prior to the
30th day following the expiration of the certificate of registration. A
late registration fee assessed by the department under this subsection
shall be added to the registration fee required under subsection (3) of
this section and must be paid by the registrant before the department may
issue a certificate of registration.
(6) The department may require proof of label or labeling
statements or claims of the efficacy and usefulness of an ingredient
prior to issuing a certificate of registration or at any time deemed
necessary by the department. As proof, the department may request data
from the registrant to support the label or labeling claims. The
department may also rely on other experimental data, data from
agricultural experiment stations, product review evaluations and advice
from other authoritative sources. The data must be from recognized,
statistically designed and analyzed trials conducted by recognized
experts in the field. All supporting data shall be representative of the
soil, crops and climatic conditions found in the northwestern United
States.
(7) In evaluating a label or labeling statement, claim or
guarantee, the department may require the submission of a written
statement describing the methodology of the laboratory analysis used, the
source of the ingredient material and any reference material relied on to
support the label or labeling statement, claim or guarantee. Laboratory
analyses submitted in support of an application for registration must
comply with laboratory methods of analysis approved by the department.
(8) Each registrant shall notify the department of any change that
results in a laboratory analysis that differs from the laboratory
analysis submitted in support of the related application for registration
or any change in sources of product ingredients declared on the
application form. The registrant must notify the department within 30
days following the change.
(9) The registrant shall identify as “waste-derived” in the
application for registration any fertilizer, agricultural amendment,
agricultural mineral or lime product that is waste-derived and
distributed as a single ingredient product or blended with other
fertilizer, agricultural amendment, agricultural mineral or lime
products. The application for registration must identify the industry,
the industry process or processes and the location of the facility that
generated the waste and all ingredients of concern as identified and
adopted by rule.
(10) The initial application for registration of a fertilizer,
agricultural amendment, agricultural mineral or lime product must include
a statement of the levels of metals in the product, including but not
limited to arsenic (As), cadmium (Cd), mercury (Hg), lead (Pb), nickel
(Ni) or other metals or substances identified by the department by rule.
The registrant must provide a laboratory analysis report, in accordance
with acceptable methods required by the department, to verify the levels
of metals or other substances in the product. Subsequent to initial
product registration, such analysis shall be provided upon request by the
department.
(11) The department shall establish by rule the level of metals or
other substances permitted in fertilizer, agricultural amendment,
agricultural mineral and lime products registered with the department,
including but not limited to the permitted levels of arsenic (As),
cadmium (Cd), mercury (Hg), lead (Pb), nickel (Ni) or other metals or
substances identified by the department by rule for the purpose of
protecting humans, animals, water, aquatic life, soil or beneficial plant
life. The department shall review the permitted level of metals or other
substances in fertilizer, agricultural amendment, agricultural mineral
and lime products a minimum of every five years.
(12) Notwithstanding subsection (1) of this section, a custom mix
is not required to be registered if all of the fertilizer, agricultural
amendment, agricultural mineral or lime products contained in the final
product are registered in accordance with this section.
(13) The department may refuse to register any fertilizer,
agricultural amendment, agricultural mineral or lime product the sale,
offering for sale or distribution of which would violate any of the
provisions of ORS 633.311 to 633.479 and 633.994. The registration of
each product is a distinct and separate registration, and the refusal to
register or reregister any product does not affect the registration of
any other product by the same person. [2001 c.914 §10](1) Information required under ORS 633.362
(2)(f) and (g) and (6) is exempt from disclosure under ORS 192.410 to
192.505. The State Department of Agriculture may not divulge any
information provided to the department in accordance with ORS 633.362
(2)(f) and (g) and (6).
(2) Notwithstanding subsection (1) of this section, the information
required under ORS 633.311 to 633.479 and 633.994 may be used by the
department for any administrative or enforcement action the department
deems necessary. In addition, the department may:
(a) Accumulate and publish statistics from statements required by
ORS 633.461 and 633.471 in a manner that does not divulge the business
operations of the person submitting a report;
(b) Consult with the Department of Environmental Quality or other
state or federal agencies in regard to information provided under ORS
633.362 (2)(f) and (g) to ensure compliance with applicable regulations;
and
(c) Disclose data required under ORS 633.362 (6) to experts for the
purpose of evaluating product data submitted in support of registration.
[2001 c.914 §23]
(1) A person may not:
(a) Sell, offer for sale or distribute mislabeled products;
(b) Register or attempt to register any product using fraudulent or
deceptive practices to evade or attempt to evade the requirements of ORS
633.311 to 633.479 and 633.994 or rules adopted thereunder;
(c) Sell, offer for sale or distribute adulterated products;
(d) Fail, refuse or neglect to deliver to a purchaser of a bulk
fertilizer, agricultural amendment, agricultural mineral or lime product
a printed label that complies with ORS 633.321 to 633.341;
(e) Sell, offer for sale or distribute a fertilizer, agricultural
amendment, agricultural mineral or lime product that is not registered
with the State Department of Agriculture under ORS 633.362;
(f) Fail, refuse or neglect to keep or maintain records as required
under ORS 633.461, 633.471 and 633.476 or refuse to make available such
records pursuant to ORS 633.385 upon request by the department;
(g) Make false or fraudulent applications, records, invoices or
reports;
(h) Fail, refuse or neglect to provide notification to the
department as required by ORS 633.318 (5) or 633.362 (8);
(i) Fail, refuse or neglect to obtain a manufacturer-bulk
distributor license required under ORS 633.318;
(j) Sell, use or remove any product subjected to a stop sale, use
or removal order until the product has been released in accordance with
ORS 633.445;
(k) Impede, obstruct, hinder or otherwise prevent or attempt to
prevent the department from the performance of department duties under
ORS 633.311 to 633.479 and 633.994;
(L) Knowingly or intentionally make any false or misleading
representations in connection with the sale, offer for sale or
distribution of fertilizer, agricultural amendment, agricultural mineral
or lime products;
(m) Fail, refuse or neglect to file a semiannual statement with the
department as required under ORS 633.461 or 633.471; or
(n) Fail, refuse or neglect to pay inspection fees required under
ORS 633.461.
(2) A fertilizer, agricultural amendment, agricultural mineral or
lime product may be considered mislabeled if the label or labeling:
(a) Is false, misleading or deceptive;
(b) Does not accurately reflect the composition of the product;
(c) Requires warning statements or directions for use that may be
necessary to protect humans, animals, water, aquatic life, soil or
beneficial plant life and such warning statements or directions are not
adequately stated on the label; or
(d) Does not comply with the requirements of ORS 633.321 to 633.341.
(3) A fertilizer, agricultural amendment, agricultural mineral or
lime product may be considered adulterated if the product:
(a) Contains any deleterious or harmful ingredient in an amount
that is injurious to humans, animals, water, aquatic life, soil or
beneficial plant life when used in accordance with instructions for
product use on the label;
(b) Differs in composition from that which is claimed on the label;
(c) Differs in composition from that which is claimed in the
information provided in accordance with ORS 633.362; or
(d) Contains unwanted crop seed or weed seed. [2001 c.914 §16] The State Department of
Agriculture shall deposit revenues received under ORS 633.311 to 633.479
and 633.994 in the Department of Agriculture Service Fund. The revenues
shall be continuously appropriated to the department for the purpose of
administering and enforcing ORS 633.311 to 633.479 and 633.994. [2001
c.914 §11] (1) The State
Department of Agriculture shall have access at reasonable times to
records, premises, materials or conveyances as necessary for the purpose
of implementing ORS 633.311 to 633.479 and 633.994.
(2) The department may take samples of any fertilizer, agricultural
amendment, agricultural mineral or lime product or other substance sold,
offered for sale or distributed into or within this state at times the
department deems necessary for the purpose of determining compliance with
ORS 633.311 to 633.479 and 633.994.
(3) All sampling and analyses of fertilizer, agricultural
amendment, agricultural mineral and lime products shall be made according
to methods approved by the department. [2001 c.914 §13] (1) A report of official
sample, signed and acknowledged by a chemist employed by the State
Department of Agriculture, other state agency or laboratory facility
designated by the department, relating to the analysis of any fertilizer,
agricultural amendment, agricultural mineral or lime product is prima
facie evidence that the sample identified in the report of official
sample was properly analyzed and that the substance analyzed contained
the constituent parts stated in the report of official sample.
(2) A report of official sample, signed and acknowledged by the
department, relating to the sampling of any product is prima facie
evidence that the sample identified was taken from parcels, containers or
lots identified in the official request for analysis. [2001 c.914 §12] In accordance with the applicable provisions of ORS
chapter 183, the State Department of Agriculture may adopt rules
necessary to implement, administer and enforce ORS 633.311 to 633.479 and
633.994, including but not limited to rules for:
(1) Fertilizer, agricultural amendment, agricultural mineral and
lime product:
(a) Handling;
(b) Sampling;
(c) Storage;
(d) Labeling;
(e) Distribution;
(f) Definitions;
(g) Analysis;
(h) Records;
(i) Use;
(j) Minimum percentages;
(k) Investigational allowances; and
(L) Ingredients.
(2) Public access to product information of any fertilizer,
agricultural amendment, agricultural mineral or lime product. [2001 c.914
§15](1) When the State Department of Agriculture has
reasonable cause to believe any quantity or lot of fertilizer,
agricultural amendment, agricultural mineral or lime product is sold,
offered for sale, stored, used or distributed in violation of ORS 633.311
to 633.479 and 633.994 or rules adopted thereunder, the department may,
in accordance with ORS 561.605 to 561.620, issue and enforce a stop sale,
use or removal order prohibiting the disposal, distribution, use or
removal of the quantity or lot of product in any manner. The department
may enforce the order until all actions against the order, including any
contested case, are resolved or until the department gives written
permission releasing the product for disposal, distribution, use or
removal. The department shall given written permission releasing the
product when ORS 633.311 to 633.479 and 633.994 are complied with.
(2) In accordance with ORS 561.605 to 561.620, the department may
seize any quantity or lot of product that the department determines does
not comply with ORS 633.311 to 633.479 and 633.994. [2001 c.914 §14](1) An inspection fee in
the amount set forth under subsection (2) of this section shall be paid
to the State Department of Agriculture by any person who:
(a) Sells or distributes into this state, from foreign or domestic
sources, a fertilizer, agricultural mineral or agricultural amendment
product used as an ingredient in the in-state manufacture of a
fertilizer, agricultural mineral or agricultural amendment product;
(b) Sells or distributes into this state, from foreign or domestic
sources, an end-use fertilizer, agricultural mineral or agricultural
amendment product for use within this state; or
(c) Sells or distributes into this state a fertilizer, agricultural
mineral or agricultural amendment product to the extent the product is
composed of ingredients for which an inspection fee was not charged under
paragraph (a) or (b) of this subsection.
(2) A person described in subsection (1) of this section shall pay
the department an inspection fee in an amount established by rule:
(a) Not to exceed $0.45 for each ton of fertilizer, agricultural
mineral or agricultural amendment products sold or distributed, of which
an amount not to exceed $0.25 must be continuously appropriated to the
department for the sole purpose of funding grants for research and
development related to the interaction of fertilizer, agricultural
mineral or agricultural amendment products and ground water or surface
water as described in ORS 633.479 (1).
(b) Not to exceed $0.05 for each ton of gypsum, land plaster and
each agricultural mineral with a principal ingredient of calcium sulfate
(CaSO4• 2H2O) sold or distributed.
(3) Each person responsible for paying an inspection fee shall file
a semiannual statement with the department, on forms provided by the
department, setting forth the total tonnage of each product distributed
into or within the state during each reporting period. There will be two
six-month reporting periods, January 1 through June 30 and July 1 through
December 31 of each year. Semiannual statements and inspection fees are
due within 30 days after the end of each reporting period.
(4) Notwithstanding ORS 633.362, the department may suspend or deny
registration of a product until the statement is filed and the inspection
fee is paid as required under this section.
(5) If a person required to file a semiannual statement under
subsection (3) of this section does not sell or distribute any
fertilizer, agricultural amendment or agricultural mineral product during
a reporting period, the person shall file a statement declaring that no
sales or distribution occurred.
(6) If a person required to file a semiannual statement or pay an
inspection fee does not file the statement or pay the fee within 30 days
of the due date established by the department, the department may assess
a collection fee of 10 percent of the amount due or $25, whichever is
greater, and the department may withhold registration of the product
until the report is filed and the fee is paid.
(7) A person required to file a semiannual statement under
subsection (3) of this section shall maintain records and a bookkeeping
system that accurately indicate the tonnage of fertilizer, agricultural
mineral or agricultural amendment product that is subject to annual
inspection fees. Such records shall be maintained for a period of three
years. The department may examine such records to verify the reported
annual inspection fees related to the amounts of product sold or
distributed in this state.
(8) Inspection fees may not be assessed on any fertilizer,
agricultural mineral or agricultural amendment product in commercial
transit that is not intended for use or final distribution in this state.
(9) The provisions of ORS 561.450 apply to a person who refuses to
pay inspection fees due to the department under this section.
(10) In the case of duplicate inspection fee payments, an
application for refund must be made on forms provided by the department
and submitted to the department within 180 days of the alleged
overpayment. [2001 c.914 §18](1) A semiannual statement shall be filed with the State Department
of Agriculture by any person who:
(a) Sells or distributes into this state, from foreign or domestic
sources, lime products used as an ingredient in the in-state manufacture
of a fertilizer, agricultural amendment, agricultural mineral or lime
product;
(b) Sells or distributes into this state, from foreign or domestic
sources, end-use lime products for use within this state; or
(c) Sells or distributes into this state a lime product composed of
ingredients not described under paragraph (a) or (b) of this subsection.
(2) Each person required to file a statement under this section
shall file a semiannual statement with the department. The statement
shall set forth the total tonnage of lime product sold or distributed
into this state during the filing period. There will be two six-month
reporting periods, January 1 through June 30 and July 1 through December
31 of each year. Semiannual statements are due within 30 days after the
end of each reporting period.
(3) If a person required to file a semiannual statement under
subsection (1) of this section does not sell or distribute lime products
during a reporting period, the person shall file a statement declaring
that no sales or distribution occurred.
(4) If a person does not file a semiannual report required under
this section, the department may assess a collection fee of $25.
(5) A person required to file a semiannual statement under this
section shall maintain records and a bookkeeping system that accurately
indicate the tonnage of lime product sold or distributed into this state.
Such records shall be maintained for a period of three years. [2001 c.914
§20] (1) A
person mixing or selling a custom mix of fertilizer, agricultural
amendment, agricultural mineral or lime products shall keep for a period
of at least three years after mixing a record showing:
(a) The name and address of the purchaser;
(b) The date of mixing;
(c) A unique identifier for each mixture;
(d) The guarantees and information required under ORS 633.321 to
633.341 or a list of the registered ingredients showing the number of
pounds and the grade of each ingredient in the mixture or batch; and
(e) Any other information required by the State Department of
Agriculture.
(2) Undelivered parts of a custom mixture or batch shall at all
times be identified with the purchaser’s name and unique identifier.
(3) The records required by this section shall be available for
inspection during normal business hours by either the purchaser or the
department. [2001 c.914 §21] (1) There is created the
Fertilizer Research Committee to advise the Director of Agriculture on
the funding of grants for research and development related to the
interaction of fertilizer, agricultural mineral and agricultural
amendment products and ground water or surface water. The committee shall
consist of seven members appointed by the director as follows:
(a) The Director of Agriculture or the director’s designee;
(b) Two members of the public who have no involvement in the
manufacture, distribution or sale of fertilizer, agricultural mineral or
agricultural amendment products;
(c) Three members representing the fertilizer, agricultural mineral
or agricultural amendment industry; and
(d) One member representing Oregon State University.
(2) The term of each member is two years, but a member serves at
the pleasure of the director. Before the expiration of the term of a
member, the director shall appoint a successor whose term begins on
January 1 next following. A member is eligible for reappointment. If
there is a vacancy for any cause, the director shall make an appointment
to become immediately effective for the unexpired term.
(3) The committee shall select one of its members as chairperson
and another as vice chairperson, for such terms and with duties and
powers necessary for the performance of the functions of such offices as
the committee determines.
(4) A majority of the members of the committee constitutes a quorum
for the transaction of business.
(5) The committee shall meet at times and places specified by the
call of the chairperson or of a majority of the members of the committee.
(6) The director may appoint an alternate committee member for each
member of the committee. [2001 c.914 §19]SEEDS As used in ORS
633.511 to 633.750:
(1) “Agricultural seed” means fiber, forage and grass crop seed and
any other kind of seed or bulblet commonly recognized in this state as
agricultural seed or as lawn or turf seed, and mixtures of any of such
seeds, as may be determined by the Director of Agriculture.
(2) “Certified,” as applied to bulblets, tubers or horticultural
plants or to agricultural, vegetable or cereal grain seed, means
inspected and labeled by and in accordance with the standards and rules
and regulations adopted by the dean under ORS 633.620 or in accordance
with similar standards established by some similar regularly constituted
authority in another state or country.
(3) “Conditioner” means any person who cleans, blends, bags or
stores seed.
(4) “Dean” means the dean of the College of Agricultural Sciences
of Oregon State University, or agent.
(5) “Director” means the Director of Agriculture, or agent.
(6) “Inert matter” includes stones, dirt, leafage, stems, badly
broken seed and masses of spores.
(7) “Labeling” includes all labels and other printed, written or
graphic representations in any form on the container of any seeds or
accompanying or pertaining to any seeds, whether in bulk or in
containers, and includes representations on invoices.
(8) “Mixed seed” and “mixture” mean any lot of seed that contains
in excess of five percent by weight of each of two or more kinds or
varieties of agricultural or vegetable seed.
(9) “Other crop seed” means that part of any lot or sample of seed
that consists of the seed of cereal grain and agricultural and vegetable
seeds other than those named on the label.
(10) “Percentage of germination” means the percentage of pure seed
of a lot or sample that produces satisfactory sprouts before the close of
a standard germination test as prescribed pursuant to ORS 633.580.
(11) “Percentage of hard seed” means the percentage of pure seed of
any lot or sample that remains in its normal hard condition at the close
of a standard germination test as prescribed pursuant to ORS 633.580.
(12) “Prohibited noxious weed seed” means the seed of weeds which
when established are highly destructive, competitive and difficult to
control by ordinary good cultural practice.
(13) “Pure seed” means the agricultural or vegetable seed of which
there is the largest percentage by weight in any unmixed lot or sample
and, in the case of mixtures, includes any agricultural or vegetable seed
consisting of not less than five percent by weight of the kind or kinds
of seed under consideration, as distinguished from other crop seed, weed
seed and inert matter.
(14) “Restricted noxious weed seed” means the seed of such weeds as
are very objectionable in fields, lawns and gardens but can be controlled
by good cultural practice.
(15) “Retailer” means any person who sells, offers or holds for
sale, agricultural or vegetable seed to ultimate consumers or users for
planting purposes.
(16) “Vegetable seed” means the seed of those crops usually grown
in Oregon in gardens or on truck farms or for canning and freezing
purposes and generally known and sold under the name of vegetable seed.
(17) “Weed seed” means any seed or bulblets other than
agricultural, vegetable or cereal grain seed.
(18) “Wholesaler” means any person who sells, offers or holds for
sale, agricultural or vegetable seed to retailers, distributors, brokers
or other wholesalers for resale. [1955 c.379 §2; 1969 c.132 §1; 1977
c.625 §1; 1981 c.196 §1; 1995 c.79 §323; 1995 c.371 §1; 2003 c.14 §382] Each container of agricultural
seed sold, offered or exposed for sale, or transported within this state
shall bear thereon or have attached thereto in a conspicuous place a
legibly written or printed label or tag prepared from information
developed from a seed test as prescribed by rule by the Director of
Agriculture and which states in the English language:
(1) The commonly accepted name of the kind or the kind and variety
of each agricultural seed component constituting in excess of five
percent of the whole and the percentage by weight of each. If any such
component is one which the director, pursuant to ORS 633.680, has
determined is generally labeled as to variety, the label or tag shall
bear, in addition to the name of the kind, either the name of such
variety or the statement “Variety Not Stated.” If more than one
agricultural seed is named, the word “mixture” or the words “mixed seed”
shall appear conspicuously on the label or tag.
(2) The country or state where grown. If unknown, the fact that the
country or state where grown is unknown shall be stated.
(3) The lot number or other lot identification.
(4) The total percentage, by weight, of other crop seed.
(5) The total percentage, by weight, of weed seed.
(6) The total percentage, by weight, of inert matter.
(7) The name and number per pound of each kind of noxious weed seed
restricted in Oregon, or the statement “No Noxious Found,” or a similar
statement, if the sample is free of all noxious weed seeds listed in the
administrative rules.
(8) For each named agricultural seed:
(a) The percentage of germination. If germination data is based on
tests other than sprouting, that shall be so stated on the label.
(b) The percentage of hard seed, if more than one percent.
(9) The month and year the test to determine the data required by
this section was completed.
(10) The name and address of the person who labeled the seed or who
sells, offers or exposes such seed for sale within the state.
(11) The year and month beyond which an inoculant, if shown in the
labeling, is no longer claimed to be effective.
(12) If such seed or mixture is intended for seeding purposes and
has been treated, the following:
(a) A statement that the seeds have been treated.
(b) The commonly accepted chemical or abbreviated chemical name of
any substance used in such treatment.
(c) A descriptive statement, approved by the director as adequate
for the protection of the public, of any process used in such treatment.
(d) If the substances used in such treatment in the amount
remaining with the seeds is harmful to humans or other vertebrate
animals, an appropriate warning statement, approved by the director as
adequate for the protection of the public.
(13) A statement of the net quantity of the contents of each
container in terms of the net weight of such container. [Amended by 1955
c.379 §3; 1969 c.132 §2; 1995 c.371 §2] Each
container of vegetable seed that is sold, offered for sale, exposed for
sale or transported within this state and that has a net weight of one
pound or less shall be legibly labeled:
(1) With the commonly accepted name of the kind or the kind and
variety of the seed.
(2) With the name and address of the person who labeled the seed or
who sells, offers or exposes such seed for sale within this state.
(3) With the year for which the seed was packed for sale, or the
percentage of germination and the date the test was completed.
(4) In the case of seed which has a percentage of germination less
than the standard prescribed by the Director of Agriculture under
authority of ORS 633.680, with:
(a) The percentage of germination.
(b) The percentage of hard seed, if more than one percent.
(c) The month and year the test to determine the data required by
this section was completed.
(d) The words “substandard germination” in not less than
eight-point boldfaced type.
(5) With the labeling data required by ORS 633.520 (12) and (13).
[1955 c.379 §4; 1969 c.132 §3; 1995 c.371 §3] Each
container of vegetable seed weighing more than one pound net weight shall
be labeled with:
(1) The name of the kind and variety of the contents.
(2) The lot number or other lot identification.
(3) The name and number per pound of each kind of restricted
noxious weed seed, or the statement “No Noxious Found,” or a similar
statement, if the sample is free of all noxious weed seeds listed in the
administrative rules.
(4) The percentage of germination or, if the percentage of
germination meets or exceeds the standard established by the Director of
Agriculture pursuant to ORS 633.680, at the option of the person for whom
the container is labeled, the words “Oregon Standard Germination.”
(5) The percentage of hard seed, if more than one percent.
(6) The month and year the test to determine the data required by
this section was completed.
(7) The name and address of the person who labeled such seed or who
sells, offers or exposes such seed for sale within this state.
(8) The labeling data required by ORS 633.520 (12) and (13). [1955
c.379 §5; 1969 c.132 §4; 1995 c.371 §4] All bins and other bulk
displays of agricultural or vegetable seed, and mixtures of agricultural
or vegetable seed, or both, shall be labeled with the data required to be
present on containers of agricultural or vegetable seed prescribed in ORS
633.520, 633.531 and 633.541. [1955 c.379 §6] (1) In the following
cases agricultural or vegetable seeds, or mixtures of agricultural or
vegetable seeds, or both, are exempt from the labeling provisions of ORS
633.520, 633.531 and 633.541, except that any labeling or other
representation that is made with respect to such seed shall conform to
those sections:
(a) When sold to be recleaned before being sold, offered or exposed
for sale for seeding purposes.
(b) When held in storage or consigned to a seed handling
establishment for conditioning.
(c) When held, sold or exposed for sale for milling, food or
feeding purposes only.
(d) When transported from field to conditioner and between
conditioner and dealer. However, if labeled, the seed must be labeled
accurately.
(2) Containers of agricultural or vegetable seeds, or mixtures of
agricultural or vegetable seeds, or both, are exempt from the labeling
provisions of ORS 633.520, 633.531 and 633.541 when such containers are
filled in the presence of the purchaser from bins or other bulk display
containers if such bins or bulk display containers are labeled with the
information otherwise required to be present on individual packages of
such seed. [Amended by 1955 c.379 §7; 1981 c.196 §2; 1995 c.371 §5]The director shall prepare a list of
prohibited noxious weed seeds, and a list of restricted noxious weed
seeds, on which latter list the director, with the concurrence of the
dean, shall specify the number of such seeds per pound that may be
present in agricultural or vegetable seed. [1955 c.379 §15; 1981 c.196 §3] (1) The director,
with the concurrence of the dean, may make the following changes in the
list of prohibited noxious weed seeds or in the list of restricted
noxious weed seeds:
(a) The addition to either list of the name of the seed of any weed.
(b) The removal from either list of the name of the seed of any
weed.
(c) A change in the list of restricted noxious weed seeds of the
number of such seeds per pound that may be present in agricultural or
vegetable seed.
(2) In determining whether the name of the seed of any weed should
be added to or removed from either list, or whether a change should be
made in the number of any restricted noxious weed seed that may be
present in agricultural or vegetable seed, the director and the dean
shall consider the following factors:
(a) The prevalence of such weed in the state.
(b) The potential effect upon the seed industry and agriculture
generally.
(c) Means of effective control or eradication.
(d) Toxicity to animals, including humans.
(e) Methods of separation from other seeds.
(f) Any other factor that may in the judgment of the director and
the dean be a reasonable ground for making such change.
(3) The director shall cause all changes made pursuant to this
section to be given to the press and printed in pamphlet form available
for distribution. [1955 c.379 §16; 1983 c.740 §235](1) The dean shall maintain and operate a properly
equipped seed testing laboratory in connection with the agricultural
experiment station at Oregon State University and shall make all tests,
including germination tests, on regulatory samples agreed upon as
necessary by the director and the dean and in accordance with rules and
regulations, promulgated after agreement, by the director.
(2) The dean may enter into cooperative arrangements with the
United States Department of Agriculture for research work in seed testing
and for such portion of the regulatory and general seed testing work as
may be mutually agreeable. [Amended by 1955 c.379 §8] (1) The dean
may authorize the seed testing laboratory to make seed tests for
certification purposes and commercial tests for the use of any person.
(2) The dean may fix and determine the fee or charge for seed
testing work so as to cover the cost.
(3) The dean may make reasonable rules and regulations covering any
phase of seed testing, require the payment of the fees and charges and
refuse further seed testing to any person failing to pay promptly the
charges for the seed testing. [Amended by 1955 c.379 §9] All moneys collected as fees or charges
for seed testing work shall be deposited in a special fund to be known as
the seed testing fund. The fund shall be maintained by the dean, who may
expend such funds, in the manner usually employed by the experiment
station in disbursement of receipts, for:
(1) Salaries, wages and necessary expenses of employees while on
official duty.
(2) The purchase of necessary equipment, materials and supplies.
(3) Other expenses necessary to the carrying out of seed testing
work. (1) The
certification of varieties of agricultural, cereal grain or vegetable
seeds, or of tubers or horticultural plants, for planting purposes as
certified seeds, tubers or plants shall be conducted in this state by the
dean.
(2) The varieties eligible for certification, the rules and
regulations and standards for such certification that will provide for
seed of high quality and the official seals and tags shall be determined
upon and adopted by the dean.
(3) The dean may establish field inspection fees and charges for
inspection and certification in an amount sufficient to cover the cost of
such work. The dean may also charge the approximate cost price for tags,
ties and seals and make charges covering the cost of field, threshed-seed
or bin inspections when such inspections are called for at such times and
places as to involve a total expense in excess of the income from the
established fees or charges. In all cases the fees and charges shall be
fixed at a rate that will cover the approximate cost of the work.
(4) The dean may authorize the inspection and certification of
tubers and agricultural, cereal grain and vegetable seeds without the
collection of fees when grown in areas not in excess of one acre by
members of 4-H Clubs and of the Future Farmers of America.
(5)(a) Notwithstanding any other provision of this section, the
dean may enter into agreements with appropriate agricultural or
educational agencies of the State of Idaho for the performance of seed
certification, testing and analysis services for producers of hard seed
in Malheur County.
(b) As used in this subsection “hard seed” means alfalfa, beans,
clover, peas, soybean, trefoil, vetch, barley, oats, rye, triticale,
wheat, buckwheat, lupine, rape, sunflower, sugarbeets, vegetable seed,
flower seed and corn.
(6) Notwithstanding any other provision of this section, and in
addition to the authority granted by subsection (5) of this section, the
dean may enter into agreements with appropriate public or private
agencies to assist the Oregon State University seed testing laboratory in
the testing and analysis of seed samples. [Amended by 1955 c.379 §10;
1995 c.181 §1; 1997 c.354 §1] (1) All moneys collected as fees or
charges for inspection and certification of agricultural, cereal grain
and vegetable seeds, and of tubers and horticultural plants, shall be
receipted for and deposited in a special fund to be known as the
certification fund. The fund shall be maintained by the dean, who may
expend such funds for no other purposes than the following:
(a) Salaries, wages and necessary travel and other expenses of
employees while on official duty.
(b) The purchase of necessary equipment, materials and supplies.
(c) Other expenses necessary to the carrying out of such inspection
and certification.
(2) The expenditures shall be made in accordance with the usual
disbursement of receipts of the cooperative agricultural extension
service. [Amended by 1955 c.379 §11] For the purposes of performing
the duties assigned to the dean, in carrying out ORS 633.511 to 633.750,
the dean may employ necessary assistance and delegate to such assistants,
analysts and inspectors so employed the duties assigned to the dean by
those sections. [Amended by 2003 c.14 §383] (1) No person shall sell, offer for sale,
expose for sale or transport for use in planting in the State of Oregon
any agricultural or vegetable seed:
(a) That except as provided in ORS 633.550, has not been labeled as
required by ORS 633.520, 633.531 and 633.541;
(b) That bears a label that is false or misleading;
(c) That contains any prohibited noxious weed seeds;
(d) That contains restricted noxious weed seeds in excess of the
permissible numbers per pound established under ORS 633.561 or 633.571
(2);
(e) That has not been tested within the 18 months next preceding
such sale, offering for sale, exposure for sale or transportation, not
including the calendar month in which the test was completed, to
determine the percentage of germination for the labeling requirements of
ORS 633.520, 633.531 and 633.541. The Director of Agriculture may,
pursuant to the authority of ORS 633.680, establish by order a shorter
period for kinds of seed which the director finds under ordinary
conditions of handling will not maintain a germination within the
established limits of tolerance during an 18-month period, or longer
period for kinds of such seed which are packaged in such container
materials and under such conditions as the director may determine will,
during such longer period, maintain the viability of the seed under
ordinary conditions of handling. Any person in possession of seeds shall
keep on file available for State Department of Agriculture inspection the
original or duplicate copy of the latest test made of such seeds which
shall show, in addition to the information required by the provisions of
this section, the date and the name of the person making such test; or
(f) That, if it is a variety for which a certificate of plant
variety protection under the federal Plant Variety Protection Act
specifies sale only as a class of certified seed, is sold or exposed for
sale by variety name but has not been so certified by any official seed
certifying agency. However, seed from a certified lot may be labeled as
to variety name when used in a mixture by, or with the written approval
of, the owner of the variety.
(2) No person shall substitute uncertified for certified seed.
(3) No person shall use tags or seals indicating certification
other than as prescribed by a certification agency, as authorized by ORS
633.620 or 633.511 (2).
(4) Unless the tuber, horticultural plant or agricultural,
vegetable or cereal grain seed has been produced, tested, examined and
labeled in accordance with ORS 633.511 to 633.750 and the rules and
regulations of this state or the official certification agency of another
state, territory or country, no person shall:
(a) Sell, offer for sale, expose for sale, advertise or transport
any such tuber, plant or seed representing it to be certified; or
(b) Use in connection with such tuber, plant or seed any tags or
seals similar to those used in official certification, as established
pursuant to ORS 633.620 or 633.511 (2).
(5) No person shall alter or falsify any seed labels, seed tests,
records or other documents pertaining to seed dealings. [1955 c.379 §12;
1957 c.407 §1; 1969 c.132 §5; 1981 c.196 §4; 1983 c.740 §236; 1995 c.371
§6; 2003 c.14 §384] No person shall be subject
to the penalties of ORS 633.992 for having sold, offered for sale,
exposed for sale or transported in this state any agricultural or
vegetable seed, that:
(1) Is incorrectly labeled or represented as to kind and variety or
origin, which seeds cannot be identified except by a field test thereof,
when such person:
(a) Obtains an invoice or grower’s declaration stating the kind, or
kind and variety, and origin, if required;
(b) Takes such invoice or grower’s declaration in good faith; and
(c) Takes such other precautions as are reasonable to insure the
identity of the seeds to be as stated.
(2) Does not conform to the label on the container thereof, but is
within the tolerances authorized by the director under ORS 633.680 (1).
[1955 c.379 §21; 1971 c.489 §4] The director shall enforce
ORS 633.511 to 633.750 and 633.996. However, the enforcement of
certification regulations and the work of testing seeds and sampling,
inspecting, sealing and certification labeling of tubers and
horticultural plants and of agricultural, cereal grain and vegetable
seeds for certification, as provided by ORS 633.600 to 633.640, shall be
done by the dean. [Amended by 1955 c.379 §13](1) In the enforcement of ORS 633.511 to 633.750 and 633.996,
the Director of Agriculture, deputies of the director, inspectors or
samplers may:
(a) Enter during regular business hours any store, warehouse, mill,
cleaning or storage place, depot or other structure, freight car or other
vehicle, in which agricultural or vegetable seeds are being sold or
offered for sale, stored, handled or transported.
(b) Either alone or in the presence of a representative or employee
of the person whose premises are so entered, examine and inspect any
agricultural or vegetable seeds being possessed, sold, offered or exposed
for sale for planting purposes, in this state, for their compliance with
those sections.
(c) Draw or cause to be drawn a representative sample of any lot of
such seed for official testing and analysis or, in the case of
individually packaged seeds, select a number of such packages as a
representative sample.
(d) Examine any records or documents pertaining to any seed being
sold or offered for sale, or records pertaining to any seed that has
previously been sold or any other records involved in seed dealings.
(2) Any sample so drawn may represent any lot, or portion of such
lot, of such seed which shall be divided, at the request of the owner or
person in charge, into two approximately duplicate samples, each of which
shall be properly identified, labeled and sealed in accordance with the
rules and regulations adopted under ORS 633.680. One of the samples shall
be transmitted to the agricultural experiment station seed laboratory at
Oregon State University for official testing for regulatory purposes. The
other sample shall be tendered to the representative of the organization
from whose structure or vehicle the sample was taken.
(3) The director may seize any container of agricultural or
vegetable seed possessed, sold, offered or exposed for sale for planting
purposes in this state that appears to be in violation of any of the
provisions of ORS 633.511 to 633.750, and proceed in the manner directed
by law for the disposal of products seized by the State Department of
Agriculture.
(4) Any sample taken under those sections, and the report showing
the results of the official test made on any such sample, shall be prima
facie evidence in any court in this state of the true condition of the
entire lot, in the examination of which the sample was taken.
(5) A copy of the result of any such test shall be mailed to the
person or authorized representative, if known, owning, possessing or
holding the seed from which the sample was drawn.
(6) The director may cause to be published in the official paper or
bulletin of the department a report of all seed inspection work done for
regulatory purposes and shall indicate in the report:
(a) The name and address of each person whose seed was inspected.
(b) The total number of such inspections.
(c) The number and kind of seeds of which samples were inspected
and tested.
(d) The number or a list of samples complying with ORS 633.511 to
633.750.
(e) A detailed list showing kinds of seed and the nature of
violations of any of the provisions of those sections as found in the
inspection and testing of any such seeds belonging to any such person.
[Amended by 1955 c.379 §14; 1995 c.371 §7; 2003 c.14 §385](1) The Director of Agriculture shall
establish standards of germination for vegetable seed, and shall make
reasonable rules and regulations necessary to effectuate the purpose of
ORS 633.511 to 633.750 and 633.996, covering:
(a) Licensing, suspension, reinstatement and revocation of
licenses, which rules and regulations shall conform to the law governing
suspension, refusal or revocation of licenses by the State Department of
Agriculture.
(b) Regulatory and official sampling.
(c) Labeling of seeds, including such additional information as may
be required in order to maintain uniformity with the laws and regulations
of the federal government or of other states.
(d) Quarantining, which rules and regulations shall conform to the
law for establishment of quarantines by the State Department of
Agriculture.
(e) Seizure, treatment and disposition of seeds from outside this
state.
(f) Seizure of seeds.
(g) Changes in the list of prohibited noxious weed seeds and in the
list of restricted noxious weed seeds.
(h) Tolerances for differences between the contents of a container
of agricultural or vegetable seed and the label thereon.
(i) The types of records and the procedures for handling forms and
records that must be kept by seed dealers and seed conditioners.
(j) The identity of varieties of agricultural seed required by ORS
633.520.
(k) The variations in time provided for in ORS 633.651.
(L) The use and labeling of hermetically sealed or other types of
containers or conveyances involving seeds.
(m) The type of analysis tests that must be conducted to develop
information used in preparing seed labels or tags.
(2) The director may adopt rules establishing standards for forms
used in reporting analysis of seed.
(3) The director may establish fees and charges for official
sampling, applied for by the owner, at an amount sufficient to cover the
cost. The director may also establish reasonable charges covering
issuance of permits, and the treatment and disposition of seeds seized
and held under quarantine. However, in any case where the service
involved is in such location or under such circumstances that the usual
fees or charges are insufficient to cover the expense, the director may
make additional charges to avoid loss to this state. [Amended by 1955
c.379 §17; 1969 c.132 §6; 1995 c.371 §8](1) The director may place a quarantine on all
agricultural or vegetable seed entering this state from any outside
source. However, seed labeled in accordance with ORS 633.520, 633.531 and
633.541 shipped into the state by any person holding an Oregon license in
full force shall not necessarily be quarantined; and any such seeds in
tight containers in transit directly through this state, to points
outside this state, shall not be subject to quarantine. Any such seeds
from outside this state, that are destined to points in this state for
conditioning purposes, for later use in this state, or for shipment from
this state, shall be held under quarantine until such seeds comply with
ORS 633.511 to 633.750.
(2) The director may draw necessary samples of such seed and hold
such seed until the necessary tests are completed and arrangements for
the disposition of the seed are consummated. If the seed is found to be
in compliance with those sections it shall be immediately released. If
the seed is found to be in violation of any part of those sections, the
director shall so notify the shipper and, unless the director is
instructed to return such seed within 30 days or unless such seed is put
in condition to comply with the provisions of those sections and all
costs covering such inspection and seizure are paid, the director shall
cause the seed to be destroyed. [Amended by 1955 c.379 §18; 1981 c.196
§5; 2003 c.14 §386] (1) No person may
sell, offer or expose for sale in this state any agricultural or
vegetable seeds unless the person holds an unsuspended license issued by
the State Department of Agriculture. However, any person selling seeds of
the person’s own production exclusively, and persons selling only
vegetable seeds at retail, in packages weighing not in excess of one-half
pound, as prepared for such trade by other seed companies, if the seed
company preparing such packaged seed for sale, has a license in force for
the sale of such seed in this state, is not required to secure such
license. For the purposes of this section, persons operating more than
one branch, plant or warehouse where seeds are sold, offered or exposed
for sale shall secure a separate license for each such branch, plant or
warehouse.
(2) Any person desiring to sell, offer or expose for sale in this
state any agricultural or vegetable seeds, for planting purposes, except
as provided in this section, shall make application to the director for a
license for this purpose. The application shall be signed by the
applicant or the authorized agent of the applicant and shall be in a form
approved by the director. Upon presentation of such signed application
for a license and the tendering of the license fee established by the
department pursuant to subsection (3) of this section, the department
shall issue the license to the applicant. The license shall expire June
30 next following the date of issuance.
(3) The department shall establish annual license fees, not to
exceed $40 for a retailer’s license and not to exceed $400 for a
wholesaler’s license. Only one license shall be required for one person’s
operation at one location. [Amended by 1955 c.379 §19; 1957 c.407 §2;
1977 c.625 §2; 1985 c.353 §4; 1989 c.514 §1; 1991 c.288 §1; 1993 c.665
§1; 2003 c.14 §387] On
application of any person owning or controlling any lot of seed, the
director may draw an official sample of any lot of such seed for official
testing purposes. After dividing the sample into two approximately equal
portions and properly identifying, labeling and sealing them, the
director shall tender one portion to the applicant and shall send the
other portion directly to the agricultural experiment station for
testing. The experiment station shall report the results of such tests to
the person for whom such sample was drawn, and the person shall pay for
such sampling at rates established by the director, in accordance with
ORS 633.680, and for the seed testing at commercial rates as established
by the dean in accordance with ORS 633.600.All fees paid to the State Department of Agriculture pursuant to
ORS 633.511 to 633.750, other than the fees and charges specified in ORS
633.610 and 633.630, shall be deposited in the Department of Agriculture
Service Fund. All such moneys are continuously appropriated to the
department for the purpose of carrying out those sections. [Amended by
1979 c.499 §32; 2003 c.14 §388]PENALTIES Violation of any of the provisions of
this chapter or regulations promulgated thereunder is a misdemeanor.
[1971 c.489 §10] (1) In
addition to any other liability or penalty provided by law, a person that
violates a provision of ORS 633.311 to 633.479 and 633.994 or rules
adopted thereunder may be subject to a civil penalty of not more than:
(a) $500 for the first violation within a three-year period;
(b) $1,500 for the second violation within a three-year period; and
(c) $10,000 for each subsequent violation within a three-year
period.
(2) Enforcement guidance for civil penalty implementation
consistency will be determined by rule.
(3) Notwithstanding subsection (1) of this section, any violation
that arises from gross negligence or willful misconduct and results in
substantial harm to human health or the environment may be subject to a
civil penalty of not more than $10,000 for the initial violation or any
subsequent violation.
(4) Each violation of a provision of ORS 633.311 to 633.479 and
633.994 that results from an action is a separate and distinct violation.
A continuing violation may be deemed a separate and distinct violation
for each day’s continued violation.
(5) A civil penalty imposed under ORS 633.311 to 633.479 and
633.994 may be remitted or reduced upon such terms and conditions as the
Director of Agriculture considers proper and consistent with the public
health and safety. [2001 c.914 §17] (1) Any person who
violates any provision of ORS 633.511 to 633.750, a rule adopted pursuant
thereto or the terms or conditions of any order issued by the State
Department of Agriculture under ORS 633.511 to 633.750 shall be subject
to a civil penalty not to exceed $10,000 per violation.
(2) Each violation may be a separate and distinct offense, and in
the case of a continuing violation, each day’s continuance thereof may be
deemed a separate and distinct offense.
(3) The department shall adopt a schedule or schedules establishing
the amount of civil penalty that may be imposed for a particular
violation.
(4) Civil penalties under this section shall be imposed as provided
in ORS 183.745.
(5) Any civil penalty received by the State Treasurer under this
section shall be deposited in the General Fund to the credit of the
Department of Agriculture Account and is continuously appropriated to the
department for the administration and enforcement of the laws and rules
under which the penalty was assessed. [Formerly 633.711; 2003 c.14 §389]
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