justicedao/ipfs_state_laws huggingface dataset:
603-056-0095 Seed Dealer License Fees The following designated annual license fees shall be applicable to each described activity under authority of ORS 633.700: (1) Seed retailer: $40; and (2) Seed wholesaler: $750. Statutory/Other Authority: ORS 561.190 & 633.700 Statutes/Other Implemented: ORS 633.700 History: DOA 8-2016, f. & cert. ef. 4-15-16 DOA 11-2014, f. & cert. ef. 7-28-14 DOA 18-2000, f. & cert ef. 6-14-00 AD 18-1993, f. & cert. ef. 12-1-93 AD 12-1993(Temp), f. 8-20-93, cert. ef. 8-23-93 AD 1-1992, f. & cert. ef. 2-3-92 AD 5-1991(Temp), f. 6-28-91, cert. ef. 7-1-91 AD 3-1990, f. & cert. ef. 3-16-90 AD 30-1977, f. & cert. ef. 12-30-77
603-056-0101 Record keeping The following recordkeeping obligations apply to seed dealers and seed conditioners: (1) Seed dealers and seed conditioners shall keep a complete record for each lot of seed for a period of three years after the final disposition of the lot of seed. (2) Seed dealers and seed conditioners shall make available to the department any records that they are required to keep under this section upon request of the department. In addition to committing a violation and being subject to enforcement action for that violation, persons who fail to make available records to the department shall be considered uncooperative for the purposes of determining gravity of circumstance as described in OAR 603-056-540 and civil penalty amount as described in OAR 603-056-540 for any violation that is related to the records that were not made available. (3) Any person who is involved in seed dealings shall make available to the department upon request, any records or documents related to their own transactions with respect to each lot of seed. Statutory/Other Authority: ORS 633.680 & ORS 561 Statutes/Other Implemented: ORS 633.680 History: DOA 9-2020, adopt filed 07/14/2020, effective 07/14/2020
603-056-0105 Labeling of Seed Containers (1) The labeling of seed containers or bins, required by ORS 633.520, 633.531, 633.541 and 633.545, shall not be smaller than eight point type. (2) The person who sells, offers for sale or transports agricultural or vegetable seed within this state shall be responsible for the required labeling. (3) In addition to the statutory labeling requirements, seed packaged in hermetically sealed containers shall also be labeled to indicate that the seed has been preconditioned as to moisture con-tent and that the container has been hermetically sealed. The hermetically sealed containers may also be labeled with the statement “germination test valid until (month and year),” but the date shall not be more than 36 months after the test date. (4) As provided in ORS 633.520(1), in addition to the name of the kind, the following seeds shall be labeled with one of the variety names or the statement “variety not stated”: Alfalfa; Bahiagrass; Barley; Bean, field; Beet, field; Brome, smooth; Broomcorn; Clover, crimson; Clover, red; Clover, white; Corn, field; Corn, pop; Cotton; Cowpea; Fescue, tall; Flax; Lespedeza, striate; Millet, foxtail; Millet, pearl; Oat; Pea, field; Peanut; Rice; Rye; Safflower; Sorghum; Sorghum-Sundangrass, hybrid; Soybean; Sudangrass; Sunflower; Tobacco; Trefoil, birdsfoot; Wheat, common; and Wheat, durum. In the event two or more varieties of agricultural seed are packaged in one container, the label shall contain the kind, variety and percentage of each, in addition to the term “mixture” or “mixed seed.” Statutory/Other Authority: ORS 561 & 633 Statutes/Other Implemented: ORS 633.520, 633.531, 633.541 & 633.545 History: AD 8-1983, f. & ef. 7-19-83
603-056-0125 Lot Sizes (1) In order to facilitate the Department’s activities under ORS 633.670 and 633.680, the following agricultural seeds shall be limited to lot sizes of 55,000 pounds each: (a) Bentgrass (Agrostis species); (b) Bluegrass (Poa species); (c) Brome, smooth (Bromus species); (d) Clover (Trifolium species); (e) Fescue (Festuca species); (f) Meadow Foxtail (Alopecurus pratensis); (g) Orchardgrass (Dactylis glomerata); (h) Ryegrass, perennial (Lolium perenne); (i) Timothy (Phleum pratense); (j) Wheatgrass (Agropyron species); (k) Ryegrass, Annual or Italian (Lolium-multiflorum); (l) Ryegrass, Wimmera (Lolium rigidum); (m) Vetch, Hairy (Vicia villosa); (n) Vetch, Other (Vicia spp.). (2) There shall be allowed a five percent tolerance in determining compliance with the provisions of section (1) of this rule. (3) All laboratory analysis or test reports shall indicate the lot size applicable to the sampled seed. (4) The lot size limitations established in section (1) of this rule shall not apply to agricultural seeds in lots contained in a single container exceeding 55,000 pounds, so long as such seed remains in such container (i.e., railroad hopper car). Statutory/Other Authority: ORS 561 & 633 Statutes/Other Implemented: ORS 633.680 History: AD 8-1983, f. & ef. 7-19-83 AD 1064(10-75), f. 7-21-75, ef. 8-11-75 AD 1039(29-74), f. 8-20-74, ef. 9-11-74
603-056-0130 Labeling of Sod Quality for Varieties of Agricultural Seed In addition to the labeling requirements of ORS 633.520 and rules promulgated thereunder, and in the event seed is found to meet the sod quality standards established by the Department, the seed varieties as described in OAR 603-056-0145, may be labeled as “Oregon Sod Quality Seed” by the permanent attachment of a tag, as prescribed in 603-056-0135, to the container thereof. As used in this rule “permanent” means until delivery of the seed to the ultimate purchaser. Statutory/Other Authority: ORS 561 & 633 Statutes/Other Implemented: ORS 633.680 History: AD 9-1982, f. & ef. 9-9-82 AD 1040(30-74), f. 8-20-74, ef. 9-11-74
603-056-0135 Description and Use of Tags for Sod Quality Seed (1) The official tag referred to in OAR 603-056-0130 shall be prepared and issued by the Department; be numerically identified; and set forth the kind and variety, lot number and date of issuance. Duplicate tags shall be attached to each container of the lot of seed qualifying as sod quality. No person shall attach such tag to any container or lot not qualifying as therein indicated nor remove such tag prior to delivery of the seed to the ultimate purchaser. (2) A sample form of the tag is herewith reproduced for informational purposes (coloring of which may be modified). (See Exhibit 1.) [ED. NOTE: Exhibits referenced are available from the agency.] Statutory/Other Authority: ORS 561 & 633 Statutes/Other Implemented: ORS 633.680 History: AD 8-1983, f. & ef. 7-19-83 AD 9-1982, f. & ef. 9-9-82 AD 1040(30-74), f. 8-20-74, ef. 9-11-74
603-056-0140 Application, Fees, and Procedures for Sod Quality Qualification Any person desiring to have his seed qualify as “Oregon Sod Quality Seed” shall: (1) Request the Department or Oregon State University obtain seed samples for this purpose. Should such sampling be apart from and in addition to that performed by the Department or Oregon State University in their regulatory or other certification activity, the person requesting such sampling shall pay to the Department the fees chargeable for sampling under OAR 603-056-0305. In addition, such person shall pay to the Department a fee of $.20 each for the issuance of the tags described in 603-056-0135. (2) The testing of such seed samples obtained shall be performed by authorized personnel of Oregon State University in accordance with the standards prescribed in OAR 603-056-0145. (3) The person requesting such seed qualification shall be responsible for having a copy of the seed test results communicated by Oregon State University to the Department. (4) If the sample subject to testing for “Oregon Sod Quality Seed” qualification is from a regularly Certified Seed lot, only part of which is to be qualified as “Oregon Sod Quality Seed,” then a separate sample shall be required from that part of the lot to be so qualified. (5) Notwithstanding any other provisions of this section, the Director may accept sod quality testing results from laboratories that are recognized by Oregon State University for Seed Certification testing. Statutory/Other Authority: ORS 561.190, 632 & 633.680 Statutes/Other Implemented: ORS 633.680 History: DOA 19-2000, f. & cert. ef. 6-14-00 DOA 16-1999, f. & cert. ef. 7-1-99 DOA 7-1998, f. & cert. ef. 8-10-98 AD 16-1991, f. & cert. ef. 9-10-91 AD 9-1982, f. & ef. 9-9-82 AD 11-1981, f. & ef. 7-6-81 AD 1040(30-74), f. 8-20-74, ef. 9-11-74
603-056-0145 Standards for Sod Quality Certification (1) The seed lots submitted shall meet all standards for certification by Oregon State University. (2) The seed standards for "Oregon Sod Quality Seed" of hard fescue, sheep fescue, blue fescue, Kentucky bluegrass, red fescue, chewings fescue, perennial ryegrass, bentgrass and tall fescue shall be as set out in Table 1. (3) "Noxious Weed" and "Crop and Weed" analyses shall be based on a 20 gram sample for hard fescue, sheep fescue and blue fescue, 25 gram sample for Kentucky bluegrass (except a 10 gram Poa annua search), 30 gram sample for red fescue and chewings fescue, 50 gram sample for ryegrass and tall fescue, and a 2-1/2 gram sample for bentgrass. Testing shall be discontinued when results of the tests exceed the maximum limits set forth in Table 1. [ED. NOTE: Tables referenced are available from the agency.] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 561.190 & 633.520 Statutes/Other Implemented: ORS 633.680 History: DOA 18-2011, f. & cert. ef. 10-4-11 DOA 10-2011(Temp), f. 6-30-11, cert. ef. 7-1-11 thru 12-20-11 DOA 25-2000, f. & cert. ef. 9-15-00 AD 1-1991, f. & cert. ef. 1-14-91 AD 3-1990, f. & cert. ef. 3-16-90 AD 9-1982, f. & ef. 9-9-82 AD 2-1979, f. & ef. 1-29-79 AD 1060(6-75), f. 5-30-75, ef. 6-25-75 AD 1040(30-74), f. 8-20-74, ef. 9-11-74
603-056-0160 Labeling of Endophyte Fungus Tested Grass Seed (1) In addition to the labeling requirements of ORS 633.520, and rules promulgated thereunder, and in the event forage grass seed is found to meet the tolerance standard for endophyte fungus, as specified in OAR 603-056-0170(3), then the forage grass seed may be labeled as having been satisfactorily tested for endophyte fungus through the attachment of a tag prescribed in section (2) of this rule. (2) The tag referred to in section (1) of this rule shall be prepared and issued by the Department, be numerically identified, and set forth the date, lot number and kind of seed. Duplicate tags shall be attached to each container of the lot of qualifying seed. A sample form of the prescribed tag is herewith reproduced for informational purposes (see Exhibit 2). An applicant for endopyhyte fungus testing shall pay the Department a fee of $.20 for each tag or duplicate tag issued. [ED. NOTE: Exhibits referenced are available from the agency.] Statutory/Other Authority: ORS 561.190 & 633.680 Statutes/Other Implemented: ORS 633.680 History: DOA 19-2000, f. & cert. ef. 6-14-00 AD 16-1991, f. & cert. ef. 9-10-91 AD 12-1983, f. & ef. 9-20-83
603-056-0165 Application and Fees for Endophyte Fungus Testing (1) An application for endophyte fungus testing shall be made on a form prescribed by the Department, which shall include the consent of the applicant for the Department to enter premises in order to obtain seed samples for testing purposes. (2) At the time seed samples are obtained, unless the Department specifies a later time, the applicant shall pay to the Department a fee as set forth in 603-052-1150. The fees specified in this rule are for the purpose of defraying expenses incurred by the Department, and any other cooperating agency, in carrying out the sampling and testing procedures to determine the existence of endophyte fungus in forage grass seed, and payment of the fee shall not be construed as granting any right or privilege to an applicant. Statutory/Other Authority: ORS 561.190 & 633.680 Statutes/Other Implemented: ORS 633.680 History: DOA 9-2003, f. & cert. ef. 1-14-03 AD 16-1991, f. & cert. ef. 9-10-91 AD 12-1983, f. & ef. 9-20-83
603-056-0170 Procedures and Tolerance Standard for Endophyte Fungus Testing (1) Sampling of forage grass seed shall be performed by the Department on a random basis so as to obtain a representative sample of the lot of seed. Sampling procedures shall be consistent with those set forth in the Joint Rules and Regulations for the Enforcement of the Federal Seed Act, 7 CFR SS201.201–201.230. (2) Testing of forage grass seed samples shall include the seed staining technique or other scientifically recognized diagnostic tests for the presence of endophyte fungus in grass seed. Testing shall be performed by the Department, or in whole or in part by such other cooperating agency it may designate. (3) A forage grass seed sample shall be considered satisfactorily tested for endophyte fungus, Epichloe typhina (Acremonium coenophialum), or the metabolites thereof, if the test of the seed sample indicates a level of five percent or less. Statutory/Other Authority: ORS 561 & 633 Statutes/Other Implemented: ORS 633.680 History: AD 12-1983, f. & ef. 9-20-83
603-056-0205 Prohibited and Restricted Noxious Weed Seed (1) As provided in ORS 633.561 and 633.571, the following are declared as prohibited noxious weed seeds: (a) Austrian peaweed (Sphaerophysa salsula); (b) Bearded creeper (Crupina vulgaris); (c) Bindweed or wild morningglory (Convolvulus arvensis); (d) Camelthorn (Alhagi camelorum); (e) Dalmatian toadflax (Linaria dalmatica); (f) Dyers woad (Isatis tinctoria); (g) Fieldcress, Austrian (Rorippa austriaca); (h) Garlic, wiId (Allium vineale); (i) Goatgrass, jointed (Aegilops spp.); (j) Halogeton (Halogeton glomeratus); (k) Italian and slenderfIower thistle (Carduus pycnocephalus and C. tenuiflorus); (l) Knapweeds Russian, diffuse, spotted and squarrose (Centaurea [=Acroptilon] repens, C. diffusa, C. maculosa and C. virgata); (m) Musk thistle (Carduus nutans); (n) Perennial pepperweed (Lepidium latifolium); (o) Quackgrass (Elytrigia [=Agropyron] repens); (p) Ragwort, tansy (Senecio jacobaea); (q) Serrated tussock (Nasella trichotoma); (r) Skeletonweed (Chondrilla juncea); (s) Sowthistle, perennial (Sonchus arvensis); (t) Spurge, leafy (Euphorbia esula); (u) Starthistles, Malta, yellow, Iberian and purple (Centaurea melitensis, C. solstitialis, C. iberica and C. calcitrapa); (v) Thistle, Canada (Cirsium arvense); (w) White top (Cardaria draba and its varieties, and C. pubescens). (2) As provided in ORS 633.561 and 633.571, the following are declared as restricted noxious weed seeds with the maximum allowable number of seeds per pound: Maximum Allowed Per Pound: (a) Bedstraw (Galium tricorne) — 45; (b) Dodder (Cuscuta spp.) — 9; (c) Johnsongrass (Sorghum halepense) — 5; (d) Ragweed (Ambrosia artemisiifolia) — 18; (e) Medusahead rye (Elymus caput-medusae) — 45; (f) St. Johnswort or goatweed (Hypericum perforatum) — 180. (3) Any lot of agricultural seed or vegetable seed found containing prohibited noxious weed seeds or restricted noxious weed seeds in excess of the allowable number per pound, may be embargoed, seized or detained as authorized by ORS 633.670(3). The embargoed, seized or detained seed may be released if treated to destroy the viability of the noxious weed seed. Any treatment to destroy the viability of noxious weed seed shall include the grinding or incineration of the screenings so that no whole noxious weed seed are visible upon inspection. Statutory/Other Authority: ORS 561 & 633 Statutes/Other Implemented: ORS 633.680 History: AD 5-1996, f. & cert. ef. 6-7-96 AD 7-1989, f. & cert. ef. 5-26-89 AD 1-1989(Temp), f. & cert. ef. 1-26-89 AD 8-1983, f. & ef. 7-19-83
603-056-0210 Embargo, Seizure, Detention or Quarantine of Seed Any embargo or seizure of agricultural seed or vegetable seed under the authority of ORS 633.670(3), and any quarantine or detention of agricultural seed or vegetable seed under the authority of 633.690, shall conform to the requirements of 561.605 to 561.630 relating to the exercise of the Department’s seizure, detention and embargo powers. Statutory/Other Authority: ORS 561 & 633 Statutes/Other Implemented: ORS 633.680 History: AD 8-1983, f. & ef. 7-19-83
603-056-0305 Regular Fees and Charges for Seed Sampling and Inspection The following fees and charges are established for the services indicated. For Official Verification services, including but not limited to: fumigation, seed treatment, check-weighing and check loading, a charge of $48 per hour shall apply. Chargeable time shall be computed to the nearest one-half hour, but shall not include travel time from the Department office to an inspection point. For Official Sampling services, a charge of $36 minimum shall apply for each call: (1) $36 for the first lot sampled; (2) $6 for each additional lot sampled; (3) In instances were the first lot sampled and subsequent additional lots sampled equal an amount less than $48 per hour; an hourly charge of $48 per hour shall apply. Chargeable time shall be computed to the nearest one-half hour, but shall not include travel time from the Department office to an inspection point. (4) The Department shall charge a fee of $50, for each occurrence, when services are requested and the seed lot is inaccessible. Statutory/Other Authority: ORS 561.190, 632 & 633.680 Statutes/Other Implemented: ORS 561, 632 & 633.680 History: DOA 11-2010, f. & cert. ef. 7-12-10 DOA 19-2000, f. & cert. ef. 6-14-00 AD 16-1991, f. & cert. ef. 9-10-91 AD 8-1983, f. & ef. 7-19-83 AD 11-1981, f. & ef. 7-6-81 AD 1100(21-76), f. & ef. 7-20-76 AD 865(1-68), f. 1-22-68, ef. 2-1-68
603-056-0310 Phytosanitary Certificates (1) Certificate issuance (five copies) — $5. (2) Each additional copy — $1. (3) Each lot must be officially sampled and the sample must be current; complete information necessary for issuance of the certificate must be received by the Department in writing; and in the case of seed, an official seed laboratory report received indicating the lot meets import requirements of the receiving country prior to issuance. Field inspections are required for some seed exported to some countries. Statutory/Other Authority: ORS 561.190, 632 & 633.680 Statutes/Other Implemented: ORS 561, 632 & 633.680 History: DOA 19-2000, f. & cert. ef. 6-14-00 AD 16-1991, f. & cert. ef. 9-10-91 AD 8-1983, f. & ef. 7-19-83 AD 11-1981, f. & ef. 7-6-81 AD 865(1-68), f. 1-22-68, ef. 2-1-68
603-056-0315 Field Inspection Fees and Charges Relating To Seed The fees and charges for seed field inspections required for the issuance of certificates by the Department are established at $6.50 per acre for each field with a minimum fee of $50 for each field inspected and a maximum fee of $450 per field. The fee for processing all applications for field inspection shall be $3 for each application; this includes applications for inspecting bean seed fields for certification for replanting in Malheur County. Bean seed fields inspected for certification for replanting in Malheur County shall have inspection fees of $3.50 per acre per inspection with a minimum per field charge of $30. Applications must be postmarked by April 1 for fall planted or perennial crops and May 1 for spring planted crops. Late applications may be charged the established rate for time and mileage, which is higher than the fees listed above. Statutory/Other Authority: ORS 561, 632 & 633 Statutes/Other Implemented: ORS 561, 632 & 633.680 History: DOA 10-2010, f. & cert. ef. 4-21-10 DOA 3-2000, f. & cert. ef. 1-11-00 AD 18-1994, f. & cert. ef. 11-10-94 AD 8-1983, f. & ef. 7-19-83 AD 11-1981, f. & ef. 7-6-81 AD 1100(21-76), f. & ef. 7-20-76 AD 865(1-68), f. 1-22-68, ef. 2-1-68
603-056-0320 Miscellaneous Fees and Charges for Seed Sampling and Inspection In the event the conditions of the request, or in the event an applicant’s failure to have seed, hay or straw available for inspection or service at the designated time and place, results in the need for additional mileage or time, such shall be charged in accordance with the regular fees and charges prescribed in OAR 603-056-0305. Statutory/Other Authority: ORS 561, 632 & 633 Statutes/Other Implemented: ORS 561, 632 & 633.680 History: DOA 19-2000, f. & cert. ef. 6-14-00 AD 1100(21-76), f. & ef. 7-20-76 AD 865(1-68), f. 1-22-68, ef. 2-1-68
603-056-0400 Germination of Vegetable Seeds (1) The Oregon Standards of germination percentages as established are as follows: Kind of Seed — Oregon Standard Germination: (a) Asparagus — 70; (b) Beans (other than Limas) — 70; (c) Beans, Lima (large) — 70; (d) Beans, Lima (small) — 80; (e) Beets — 65; (f) Broccoli — 75; (g) Brussels Sprouts — 70; (h) Cabbage — 75; (i) Carrot — 55; (j) Cauliflower — 75; (k) Celery — 55; (l) Celery cabbage — 75; (m) Celeriac — 55; (n) Chard, Swiss — 65; (o) Chicory — 65; (p) Citron — 65; (q) Collard — 80; (r) Corn (sweet) — 75; (s) Cucumber — 80; (t) Dill — 60; (u) Egg plant — 60; (v) Endive — 70; (w) Kale (edible) — 75; (x) Kohl Rabi — 75; (y) Leek — 60; (z) Lettuce — 80; (aa) Muskmelon — 75; (bb) Mustard — 75; (cc) Okra — 50; (dd) Onion — 70; (ee) Parsley — 60; (ff) Parsnip — 60; (gg) Peas — 80; (hh) Peppers — 55; (ii) Pumpkin — 75; (jj) Radish — 75; (kk) Rutabaga — 75; (ll) Salsify — 75; (mm) Spinach — 60; (nn) Squash — 75; (oo) Tomatoes — 75; (pp) Turnips — 80; (qq) Watermelons — 70. (2) Vegetable seeds and packages of such vegetable seeds may be labeled with the words “Oregon Standard Germination” in lieu of the approximate percentage of germination when the percentage of germination of such seed is equal to or greater than the percentage established in these standards. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 561 & 633 Statutes/Other Implemented: ORS 633.680 History: AD 930(15-70), f. 12-17-70, ef. 1-15-71 AD 213, f. 7-9-45, ef. 7-16-45
603-056-0410 Germination Tests The germination test for agricultural and vegetable seed in hermetically sealed containers shall have been completed within the following period, exclusive of the calendar month in which the test was completed, immediately prior to shipment, delivery, transportation, or sale: (1) In the case of agricultural or vegetable seeds shipped, delivered, transported, or sold to a dealer for resale, 18 months; (2) In the case of agricultural or vegetable seeds for sale or sold at retail, 36 months. Statutory/Other Authority: ORS 561.190 & 633.680 Statutes/Other Implemented: ORS 633.680 History: AD 865(1-68), f. 1-22-68, ef. 2-1-68