justicedao/ipfs_state_laws huggingface dataset:
603-051-0858 Procedures for Certification (1) In accordance with OAR 603-051-0855, certification and the supervision of activities relating thereto shall be in the Department. Inspection and testing procedures prescribed in this certification program may be carried out by the Washington State Department of Agriculture or the Department, and shall be conducted at such times and in such manner as is acceptable to the Department. (2) The methods and procedures used for virus indexing shall conform to Clean Plant Center of the Northwest or Departmentally approved standards and shall be conducted in the manner and times determined by the Department. (3) The Department reserves the right to visually inspect and test nursery rootstock in a planting for certification throughout the growing season. At the request of the Department, any undesirable rootstock may be rogued before propagation. (4) All nursery stock meeting the requirements of this certification program shall have the variety, interstock and rootstock designated upon any tag evidencing the same as Oregon Certified Nursery Stock. (5) The Department shall authorize the use of official certification tags for the identification of nursery stock or seed meeting the requirements of OAR 603-051-0855 to 603-051-0859, and therefore certified as Oregon Certified Nursery Stock. Such official certification tags shall be furnished by the Department to the qualified applicants therefore upon payment of the established cost of the Department for the tags so furnished. (6) Any person selling, or offering for sale, any nursery stock or seed identified by tagging as Oregon Certified Nursery Stock shall be deemed to be responsible for the identity of such stock. All Oregon Certified Nursery Stock offered for sale shall be handled in accordance with accepted commercial practices and shall be identified by the tags described in the subsection. (7) Certification shall be refused if plants have been propagated from registered trees determined to be infected by a virus or virus-like disease, or if other provisions of this certification program have been violated. (8) A list of participating nurseries and certified nursery stock shall be provided to all participating nurseries and to other interested parties upon request. Statutory/Other Authority: ORS 561, 571 & 632 Statutes/Other Implemented: ORS 561, 571 & 632 History: DOA 5-2013, f. & cert. ef. 3-1-13 DOA 6-2007, f. & cert. ef. 3-16-07 DOA 14-2004, f. & cert. ef. 6-1-04 AD 17-1977, f. & ef. 7-15-77
603-051-0859 Application for Certification and Fees (1) Nurseries voluntarily participating in the certification program shall enter into a compliance agreement with the Department, which shall be submitted to the Department by March 31 of each year so as to provide sufficient time for inspection and indexing of registered G2 and G3 scion and seed trees and for the inspection of nursery stock to be submitted for certification. The nursery participation fee (see (4)) must be submitted with the compliance agreement by March 31 of each year. (2) The compliance agreement shall contain the information required thereon, including the consent of the applicant for the Department to obtain propagating wood or expanded leaf tissues from any tree for inspection and testing purposes. (3) Except as otherwise provided, fees charged by the certifying agency for certification are payable on or before July 1 of each year, and are for the sole purpose of defraying expenses incurred by the Department in the inspection, approval, or certification procedures provided for in this certification program, and for providing funds to the Department to support appropriate plant virus survey programs. Payment thereof shall not be construed as granting any right or privilege to the applicant. (4) The fees payable under this section shall be determined in accordance with the fee schedule (see (4)(a)-(d)). Testing of Prunus, Malus, Pyrus, Chaenomeles, and Cydonia, materials will be performed annually by the Department. These fees shall be payable upon request of the Department: (a) The fee for participation shall be $200 annually per participating nursery; (b) The fee shall be $10.00 per sample per Ilarvirus (Prunus necrotic ring spot virus, prune dwarf virus, and apple mosaic virus) test requested; (c) The fee shall be $7.00 per sample per Tomato ring spot virus test requested; (d) The fee shall be $7.00 per sample per each additional virus test requested. [ED. NOTE: Forms referenced are available from the agency.] Statutory/Other Authority: ORS 561, 571 & 632 Statutes/Other Implemented: ORS 561, 571 & 632 History: DOA 5-2013, f. & cert. ef. 3-1-13 DOA 6-2007, f. & cert. ef. 3-16-07 DOA 14-2004, f. & cert. ef. 6-1-04 AD 17-1994, f. & cert. ef. 11-10-94 AD 17-1977, f. & ef. 7-15-77
603-051-0955 Definitions As used in these sections, unless the context requires otherwise: (1) “Caneberry” means any cultivated Rubus species. (2) “Certification” means the issuance of a certificate verifying that a particular quantity or lot of caneberry plants has been grown or propagated according to the provisions of OAR 603-051-0960. (3) “Certified Block” means a planting of caneberry plants that are first year propagation from Registered Stock. (4) “Certified Stock” means a class of caneberry plants that are first year or second year propagation from Registered Stock or first year propagation from first year Certified Stock. (5) “Department” means the Oregon State Department of Agriculture. (6) “Foundation Block” means a planting of Nuclear Stock caneberries for the production of Foundation Stock. (7) “Foundation Stock” means a class of caneberry plants that have been produced in a Foundation Block. (8) “Increase Block” means a planting of caneberry plants of Foundation Stock for the production of Registered or Certified Stock. (9) “Index” means to test for systemic disease infection by making a graft with tissue from the plant to be tested to an indicator plant or by other means of detection. (10) “Nuclear Stock” means caneberry plants of cultivars which were originally indexed and their clonal progeny which have been regularly reindexed and continuously protected from systemic disease infection by federal or state of Oregon agencies or plants from other states meeting standards established by the Dean of the School. Nuclear Stock is intended for planting in a Foundation Block. (11) “Off-Type” means any volunteer caneberry plant or any caneberry plant different from the cultivar as stated on the application for certification. (12) “Oregon Certified Caneberry Nursery Stock” means progeny plants propagated from Foundation, Registered, or Certified Stock and certified in accordance with these regulations. (13) “Registered Stock” means a class of caneberry plants that are first year propagation from Foundation Stock produced in an Increase Block. (14) “School” means the School of Agriculture, Oregon State University. Statutory/Other Authority: ORS 561.190, 571 & 632 Statutes/Other Implemented: ORS 561, 571 & 632 History: AD 992(6-73), f. 6-4-73, ef. 6-15-73
603-051-0965 Procedures for Certification (1) In accordance with OAR 603-051-0950 of these regulations, certification and the supervision of activities relating thereto shall be in the respective agencies. Inspection and testing procedures prescribed in these regulations may be made by the school, the United State Department of Agriculture, or the Department, and shall be conducted at such times and in such manner as is acceptable to the certifying agencies. The Department at the request of the school, may enforce certification standards established by the school. (2) Plants propagated from Foundation Stock are eligible for tagging as Registered Stock for one year only. (3) Plants propagated from Registered Stock are eligible for tagging as Certified Stock for two years only. (4) Exceptions to sections (2) and (3) of this rule hereof may be made according to the discretion of the certifying agencies. (5) Tags evidencing certification for varietal purity shall be issued by the Dean of the school, and tags certifying freedom from pests and diseases shall be issued by the Department, unless the two agencies agree to the use of a joint tag. Statutory/Other Authority: ORS 561.190, 571 & 632 Statutes/Other Implemented: ORS 561, 571 & 632 History: AD 992(6-73), f. 6-4-73, ef. 6-15-73
603-051-0970 Application for Certification and Fees (1) An application for certification shall be made on a form prescribed by the certifying agencies and shall be submitted sufficiently in advance of the time of planting so as to permit establishment of the origin of the planting stock, the determination of the suitability of location, and supervision of any treatment that may be required. The application shall include the consent of the applicant for the removal of plants from any planting for inspection or testing purposes. (2) Fees charged by the certifying agencies for certification are payable at the time of the application and are for the sole purpose of defraying expenses incurred by the Department or school in the inspection, approval, or certification procedures provided for in these regulations, and payment thereof shall not be construed as granting any right or privilege to the applicant. (3) The annual fees payable under this rule are: (a) Screenhouse; Foundation Block — $100 for 20 plants or less; $1 for each additional plant; (b) Field Planting; Increase Block — $30 per 1/4 acre or portion thereof; (c) Field Planting; Certified Block — $30 per 1/4 acre or portion thereof; (d) Greenhouse and Screenhouse; Increase or Certified Block — $50 per Block minimum. Such minimum would apply towards any special service charges. Statutory/Other Authority: ORS 561.190, 571 & 632 Statutes/Other Implemented: ORS 561, 571 & 632 History: AD 992(6-73), f. 6-4-73, ef. 6-15-73
603-051-0975 Refusal or Cancellation of Certification Certification may be cancelled in accordance with the following: (1) Failure to meet or maintain the requirements of these regulations. (2) Any Foundation or increase Block in which any of the following are found: (a) Off-type plants; (b) Non-thrifty plants; (c) Crown or cane gall infection; (d) An injurious systemic disease; (e) Plants infected by anthracnose disease to the extent that serious loss or damage may result; (f) Serious nematode injury; (g) Evidence of insects injurious to transplants. (3) Any Certified Block in which any of the following are found: (a) More than 0.25 percent off-type plants; (b) More than one percent non-thrifty plants; (c) More than 0.1 percent injurious systemic disease; (d) More than 0.1 percent crown and cane gall; (e) Anthracnose infected plants to the extent that serious loss or damage may result; (f) Serious nematode injury; (g) Evidence of insects injurious to transplants. Statutory/Other Authority: ORS 561.190, 571 & 632 Statutes/Other Implemented: ORS 561, 571 & 632 History: AD 992(6-73), f. 6-4-73, ef. 6-15-73
603-051-0980 General Compliance with the provisions of these standards shall not excuse failure to comply with provisions of applicable Federal or State laws. These standards shall apply to all recognized varieties of Asian pears including: (1) Non-russeted types such as Nijisseiki, Shinseiki, Ya Li. (2) Partially russeted types such as Kosui, Kikusui, Tsu Li (California origin). (3) Complete russeted types such as Hosui, Chojuro, Japanese Golden Russet. Statutory/Other Authority: ORS 561.190 & 632.905 Statutes/Other Implemented: ORS 632.905 History: AD 10-1992, f. & cert. ef. 9-9-92
603-051-0990 Definitions (1) “Similar Varietal Characteristics” means the fruit in any lot and container are similar in shape, color of skin and flesh. (2) “Mature” means that the fruit has reached a stage of development which will ensure the completion of the ripening process. (3) “Overripe” means fruit is dead ripe, mealy or soft, and past commercial utility. (4) “Clean” means the fruit is free from excessive dirt, dust, spray residue, or other foreign materials. (5) “Well Formed” means the fruit is symmetrical and has shape characteristics of the variety, and that bumps or other roughness are permitted provided they do not more than slightly detract from the appearance. (6) “Fairly Well Formed” means the fruit has the shape characteristics of the variety but slight bumps or other roughness are permitted provided they do not materially detract from appearance. (7) “Carefully Packed” means the fruit shows no evidence of rough handling. (8) “Injury” means any defect described in the Classification of Defects (OAR 603-051-1040), or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which more than slightly detracts from the appearance, or the edible or marketing quality. (9) “Damage” means any defect described in the Classification of Defects (OAR 603-051-1040), or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which materially detracts from the appearance, or the edible or marketing quality. (10) “Serious Damage” means any defect more than 50 percent over allowable damage definition, or any combination of defects, which seriously detracts from the appearance, or the edible or marketing quality. (11) “Permanent Defects” means those which are not subject to change during shipment or storage, for example, shape, scars or growth cracks. (12) “Condition Defects” means those defects which are subject to change during shipment or storage, for example, decay, soft, shriveling or bruises. (13) “Fairly Uniform in Size” means that fruit in containers marked by diameter to denote size may not vary in diameter more than 1/2 inch. (14) “Diameter” means the greatest dimension measured at right angles to a line from stem to blossom end. (15) “Shipping Point” means the point of origin of the shipment in the producing area or at a port of loading for ship-stores or overseas shipment, or, in the case of shipments from outside the continental United States, the port of entry into the United States. Statutory/Other Authority: ORS 561.190 & 632.905 Statutes/Other Implemented: ORS 632.905 History: AD 10-1992, f. & cert. ef. 9-9-92
603-051-1000 Grades (1) “Oregon Extra Fancy” consists of Asian Pears which meet the following requirements: (a) Basic requirements: Similar varietal characteristics, mature, not soft or overripe, carefully packed, clean and well formed; (b) Must be free from worm holes, broken skins, scald, sprayburn or sunburn, drought spot, disease, insects and insect injury, freezing injury, internal breakdown and decay; (c) Must be free from injury by bruises, leaf or limb rubs, discoloration, growth cracks, hail, scars, cork spot and mechanical or other means. (2) “Oregon No. 1” consists of Asian Pears which meet the following requirements: (a) Basic Requirements: Similar varietal characteristics, mature, not soft or overripe, carefully packed, clean and fairly well formed; (b) Must be free from worm holes, insects, broken skins which are not healed, scald, freezing injury, internal breakdown and decay; (c) Must be free from damage by bruises, leaf or limb rub, discoloration, growth cracks, hail, scab, scars, sprayburn or sunburn, drought spot, cork spot, insect injury, healed skinbreaks, other disease and mechanical or other means. Statutory/Other Authority: ORS 561.190 & 632.905 Statutes/Other Implemented: ORS 632.905 History: AD 10-1992, f. & cert. ef. 9-9-92
603-051-1010 Tolerances In order to allow for variations incident to proper grading and handling in each of the above grades, the following tolerances by counts, shall be permitted in any lot: Oregon Extra Fancy and Oregon No. 1: (1) For defects at shipping point; eight percent for fruit which fails to meet the requirements of the specified grade; provided that included in this amount not more than four percent shall be allowed for defects causing serious damage, including in this latter amount not more than two percent of fruit affected by internal breakdown, freezing, or decay. (2) For defects enroute or at destination; nine percent for fruit which fails to meet the requirements of the specified grade, provided that included in this amount not more than the following percentages shall be allowed for defects: (a) Eight percent for permanent defects; (b) Six percent for defects causing serious damage, including therein not more than four percent for serious damage by permanent defects and not more than two percent for fruit affected by internal breakdown or decay. Statutory/Other Authority: ORS 561.190 & 632.905 Statutes/Other Implemented: ORS 632.905 History: AD 10-1992, f. & cert. ef. 9-9-92
603-051-1020 Application of Tolerances The contents of individual containers in the lot, based on sample inspection, are subject to the following limitations. Individual samples shall consist of not less than 50 fruit, and shall not have more than double a specified tolerance except that at least two defective specimens may be permitted in any sample, provided that not more than one fruit affected by internal breakdown, freezing or decay be permitted in any sample and that the average for the entire lot is within the tolerances specified for the grade. Statutory/Other Authority: ORS 561.190 & 632.905 Statutes/Other Implemented: ORS 632.905 History: AD 10-1992, f. & cert. ef. 9-9-92
603-051-1030 Standard Pack (1) Fruit shall be fairly uniform in size and shall be packed in boxes, flats, lugs, or cartons and arranged according to approved and recognized methods. Containers shall be well filled and contents tightly packed, but shall not be excessively or unnecessarily bruised by overfilling or oversize. Fruit in the shown face of the container shall be reasonable representative in size and quality of the contents. (2) When packed in closed containers the size shall be indicated by marking the container with the numerical count or the minimum size packed. (3) Boxes, flats, lugs, or cartons: (a) Fruit packed in cell containers or compartments, fiberboard fillers, or molded trays shall be of proper size for the cells, fillers, or molds in which they are packed, and conform to the marked count; (b) In order to allow for variation incident to proper packing in containers, the number of fruit shall not vary more than two from the marked count. (4) When numerical count is not shown, the minimum size shall be plainly marked on the container. (5) In order to allow for variation incident to proper sizing and packing, not more than 10 percent of containers in any lot may fail to meet these requirements. Statutory/Other Authority: ORS 561.190 & 632.905 Statutes/Other Implemented: ORS 632.905 History: AD 10-1992, f. & cert. ef. 9-9-92
603-051-1050 Declaration of Policy Certification of agricultural products, such as Allium seed is a function of the Department of Agriculture ORS 632.940. Participation by Allium seed companies and seed growers in the certification program shall be voluntary. These regulations may be reviewed annually by the Department and Program participants. Statutory/Other Authority: ORS 632.900 - 632.990, 570.305 & 561.990 Statutes/Other Implemented: ORS 632.940 History: DOA 12-2005, f. & cert. ef. 3-11-05
603-051-1051 Definitions As used in OAR 603-051-1050 to 603-051-1054, unless the context requires otherwise: (1) “Department” means the Oregon Department of Agriculture. (2) “Allium” refers to Allium cepa, Allium sativum, Allium fistulous and Allium ampeloprasum for the purposes of this program. (3) “Allium seed” refers to cloves and bulbs and the plants that form them. The seed harvested from such plantings are intended for use as vegetative seed for either future seed crops or for commercial plantings. Also included are any Allium plants grown from true seed to be harvested for vegetative bulbs and or cloves to be used as vegetative seed. (4) “White rot” refers to the Allium disease incited by the fungal pathogen Sclerotium cepivorum. (5) “Sclerotia” means the reproductive propagules of Sclerotium cepivorum. (6) “Infested” means soil, fields, seedlots, boxes or equipment contaminated with sclerotia. (7) “Infected” means Allium plants in which the pathogen is actively growing and decaying roots, cloves or bulb. (8) “Field unit” means a planting of Allium separated from other Allium plantings by at least 20 feet. Certifiable field units may be planted from identical seed sources. Field units are certifiable only if planted with certified seed. (9) “Certified seed” means seed that has been officially inspected and found to be free of white rot. Statutory/Other Authority: ORS 632.900 - 632.990, 570.305 & 561.990 Statutes/Other Implemented: ORS 632.940 History: DOA 12-2005, f. & cert. ef. 3-11-05
603-051-1052 Requirements and Conditions for Certification Certification by the Department shall not imply or be construed as any warranty of the Department or their employees as to the condition of the Allium seed. The following conditions shall be met in order to qualify for consideration of certification of vegetative Allium seed. (1) The applicant for certification shall be responsible for the selection of the location and the proper maintenance of all plantings being grown. The applicant shall also be responsible for maintaining the identity of all Allium seed lots planted. (2) Any field unit entered in this certification program shall be kept in a thrifty growing condition and free of plant pests. If in the judgment of the Department there is too much other disease present, or other conditions that preclude easily distinguishing plants with white rot symptoms from plants not infected with white rot, then the field unit will be deemed incapable of being certified. (3) Plants growing in the field unit must be discernibly free of white rot to qualify for certification. Any plant or plants within the field unit found with white rot will disqualify the entire field unit from certification. A sample of the infected plants will be collected by the Department for confirmation. One or more of the infected plants within a field unit will be flagged by the Department. (4) The Department will inspect the field units at least two weeks prior to termination of irrigation. Statutory/Other Authority: ORS 632.900 - 632.990, 570.305 & 561.990 Statutes/Other Implemented: ORS 632.940 History: DOA 12-2005, f. & cert. ef. 3-11-05
603-051-1053 Procedures for Certification (1) In accordance with ORS 632.940, certification and the supervision of activities relating thereto, shall be in the Department. Inspection and testing procedures prescribed in this certification program may be carried out by the Department, and shall be conducted at such times and in such a manner as is acceptable by the Department. (2) The methods and procedures used for field inspections shall conform to Department standards and shall be conducted in a manner and time as determined by the Department. (3) All Allium seed meeting the requirements of this certification program shall have identification evidencing the same as Oregon Certified Allium seed. (4) The Department will provide an official certificate. (5) Any person selling or offering for sale, any Allium seed identified by official certificate as Oregon Certified Allium Seed shall be deemed to be responsible for the identity of such stock. All Oregon Certified Allium Seed offered for sale shall be handled in accordance with accepted commercial practices. (6) Certification shall be refused if any white rot is found within the field unit. Such field units shall be considered infested and ineligible for participation in the program. Statutory/Other Authority: ORS 632.900 - 632.990, 570.305 & 561.990 Statutes/Other Implemented: ORS 632.940 History: DOA 12-2005, f. & cert. ef. 3-11-05