603-056-0030 Definitions Unless the context clearly requires otherwise, the following definitions apply to all rules in this chapter 603, division 56: (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, lawn, or turf seed, and mixtures of any such seed. (2) “Certified,” as applied 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 Oregon State University Seed Certification Program, or in accordance with similar standards established by some similar regularly constituted authority in another state or county. (3) “Conditioner” means any person who cleans, dries, blends, bags, treats, or stores seed. (4) “Complete record” means any and all information which relates to the origin, treatment, viability, kind and variety of each lot of agricultural, vegetable, or flower seed sold in this state. Such information includes seed samples and records of declarations, labels, purchase and sales records, conditioning, bulking, and treatment records, handling and storage records, analyses, copies of tests, and examination records. (5) “Department” means the Oregon Department of Agriculture. (6) “Director” means the Director of the department or the Director’s agent. (7) "Enforcement" means any documented action taken by the department to address a violation. (8) “Federal Seed Act” means 7 USC §§ 1551 to 1611 (1994) and 7 CFR §§ 201.1 to 201.78 (2011). (9) “Flagrant” means any violation where the person had knowledge of the law requires and committed a violation regardless of that knowledge. (10) “Flower seed” means seeds of herbaceous plants grown for their blooms, ornamental foliage, or other ornamental parts, and commonly known and sold in this state under the name of flower or wildflower seeds. Flower seed is not vegetable seed. (11) “Gravity of circumstance” is the ranking of a violation with respect to its effect, or potential effect, on the public interests reflected in ORS chapter 633. The department ranks a violation as high, medium, or low. (12) “Inert Matter” includes stone, dirt, leafage, stems, badly broken seed, other similar matter and masses of spores. Inert matter is not agricultural seed, vegetable seed, or other crop seed. (13) “Intentionally” means the person acts, or fails to act, with a deliberate or an express purpose to commit the action. (14) “Knowingly” means the person acts, or fails to act, with a practical understanding of, or a distinct skill in, the general activity that was obtained through such means as instruction, study, practice, or experience. (15) “Labeling” is all 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. (16) “Letter of Advisement” is a written notice issued by the department that informs a person that the department has made a preliminary determination that a violation may be occurring and informs the person of the potential consequences of any such violation. The Letter of Advisement shall also inform a person of possible corrective actions that may be taken and possible consequences of non-compliance with proposed corrective actions. A Letter of Advisement may be followed by a a Notice of Violation or Notice of Imposition of Civil Penalty. (17) "Magnitude of Violation" is the categorization of the severity of a violation in relation to other types of violations after considering its potential to affect the public interests reflected in ORS chapter 633. The department categorizes a violation as major, moderate, or minor. (18) “Notice of Violation” means a written notice issued by the department that informs a person of the existence of a violation, required corrective actions, and the consequences of non-compliance. (19) “Notice of Imposition of Civil Penalty” means a written notice issued by the department that informs the person of the existence of a violation and imposes a civil penalty for the violation. The Notice of Civil Penalty shall inform the person of how the civil penalty was calculated and may require corrective action. (20) Oregon Seed Law means Oregon Revised Statutes 633.511 to 633.996 and Oregon Administrative Rules Chapter 603 Division 56. (21) “Licensee” is any person, including any officer or representative of the licensed entity, that holds a license. A licensee specifically includes, but is not limited to, any of the following individuals of a licensed entity: (a) A president, vice president, secretary, treasurer or director of a corporation; (b) A general partner in a limited partnership; (c) A manager in a manager-managed limited liability company; (d) A member of a member-managed limited liability company; (e) A trustee; (f) A person or group of persons who direct or cause the direction of the management and policies of a licensed seed dealer person, whether through ownership of voting securities, by contract or otherwise. (22) “Other Crop Seed” means that part of any lot or sample of seed that consists of the seed of cereal grain and agriculture, flower, and vegetable seeds other than those named on the label. Other crop seed is not inert matter. (23) “Owner” means the sole proprietor of, partner in, or holder of a controlling interest in the named entity on an application for a seed dealer’s license. (24) “Past occurrence of violations” means any violation for which the department issued final order finding a violation of imposing a civil penalty within the preceding five years. It does not include any orders that the department withdrew, that were are successfully appealed (meaning the Department did not issue a final order finding a violation or imposing a civil penalty), or that are the subject of a pending appeal. (25) “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. (26) “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. (27) “Person” is any individuals, companies, corporations, associations, firms, partnerships joint stock companies, or public or municipal corporations. (28) “Probation” means a period of time during which a licensee may only operate in compliance with specific terms and conditions established by the department. (29) “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. (30) “Pure Seed” means the agricultural or vegetable seed of which there is the largest percentage by weight in any unmixed lot or sample or, in the case of mixtures, means any agricultural or vegetable seed consisting of not less than five percent by weight of the kind or kinds of seed under consideration, not including other crop seed, weed seed, and inert matter. (31) “Restricted Noxious Weed Seed” means the seed of such weeds as are very objectionable in fields, lawns, or gardens but can be controlled by good cultural practice. (32) “Retail Seed Dealer” means any person who sells, offers for sale, or holds for sale, agricultural or vegetable seed to ultimate consumers or users for planting purposes. (33) “Revocation” means the total withdrawal of license and any authorization to sell, offer for sale, or expose for sale any agricultural, flower, or vegetable seed under conditions for which a license is required. (34) “Suspension” means a period of time during which a license is withdrawn and a person is prohibited from selling, offering for sale, or exposing for sale any agricultural, flower, or vegetable seed under conditions for which a license is required, including, but not necessarily limited to providing information about price, quality, availability, payment terms, or any other information specific to a sale. (35) “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. Vegetable seed is not flower seed. (36) “Violation” means a violation by a person of any provision of ORS 633.511 to 633.750, a violation of any rule adopted pursuant thereto, or a violation of any of the terms or conditions of a final order issued pursuant thereto. Each violation is a separate and distinct offense, and, in the case of a continuing violation, each day’s continuance thereof is a separate and distinct offense. Each violation by a different person is a separate and distinct offense. (37) “Wholesale Seed Dealer” means any person who sells, offers for sale, or holds for sale, agricultural or vegetable seed to retailers, distributors, brokers, or other wholesalers for resale. (38) “Willfully” means the person acted, or failed to act, after considering the potential effects and consequences of the action. Statutory/Other Authority: ORS 561 & 633 Statutes/Other Implemented: ORS 633.711 History: DOA 9-2020, amend filed 07/14/2020, effective 07/14/2020 AD 5-1996, f. & cert. ef. 6-7-96