justicedao/ipfs_state_laws huggingface dataset:
603-054-0018 License Fees: Dealers, Florist and Landscape Contractors (1) The license fee for dealers, florist, and landscape contractors shall be as follows: If annual purchases (live plant material only, cut flowers are exempt) are The license fee is: (a) Up to $20,000 = $148; (b) $20,001-$100,000 = $148 plus.00173 over $20,000; (c) 100,001-$200,000 = $286 plus.00140 over $100,000; (d) $200,001-$500,000 = $426 plus.00069 over $200,000; (e) $500,001-$2,000,000 = $633 plus.00062 over $500,000; (f) $2,000,001 & above = $1,563 plus.00056 over $2,000,000; (g) Maximum Fee = $25,000. (2) In addition to the annual license fee above, there will be a research assessment equal to .0002 of annual sales. The minimum research assessment is $10. (3) In addition to the annual license fee (1) and research assessment fee (2) above, there will be an assessment for the Plant Pest and Disease Emergency Response Fund. The assessment will be adjusted annually to maintain a fund balance of $250,000 and will be prorated among all licensees based on annual sales or purchases from the previous year. (4) An applicant for an original license or for a renewal license, without a full calendar year of prior nursery stock sales or purchase experience upon which to base the fees, must follow the licensing process found in ORS 571.057(2). Statutory/Other Authority: ORS 561 & 571 Statutes/Other Implemented: ORS 571.057 History: DOA 10-2016, f. & cert. ef. 4-29-16 DOA 6-2014, f. & cert. ef. 5-1-14 DOA 13-2008, f. & cert. ef. 4-15-08 DOA 3-2008, f. & cert. ef. 1-7-08 DOA 9-2006, f. & cert. ef. 3-22-06 DOA 2-2003, f. & cert. ef. 1-7-03 AD 13-1997, f. & cert. ef. 7-31-97 Reverted to AD 8-1986, f. & ef. 5-22-86 AD 11-1995(Temp), f. & cert. ef. 6-14-95 AD 8-1986, f. & ef. 5-22-86
603-054-0020 Fees for European Pine Shoot Moth Survey The fee for licensed nurseries or Christmas tree growers requesting European pine shoot moth survey is established at $85 per location (field) per year. Statutory/Other Authority: ORS 561 & 571 Statutes/Other Implemented: ORS 571.145 History: DOA 2-2003, f. & cert. ef. 1-7-03
603-054-0024 Fees for Issuance of Phytosanitary and Other Certificates The following fees and charges are established for inspections requested by nurseries in order to issue state or federal phytosanitary certificates and any other certificate that requires inspection prior to issuance of such certificates. The base charge for certificates will be $25 each. The USDA administrative charge for federal phytosanitary certificates will be $12 for federal phytosanitary certificates completed by ODA personnel or $6 for federal phytosanitary certificates issued through PCIT. Statutory/Other Authority: ORS 561 & 571 Statutes/Other Implemented: ORS 571.145 History: DOA 6-2014, f. & cert. ef. 5-1-14 DOA 4-2010, f. & cert. ef. 1-28-10 DOA 3-2008, f. & cert. ef. 1-7-08 DOA 9-2006, f. & cert. ef. 3-22-06 DOA 2-2003, f. & cert. ef. 1-7-03
603-054-0027 Notification of Imported Trees and Shrubs (1) Recipients of tree and shrub nursery stock imported into the state of Oregon from any out-of-state source are required to notify the Oregon Department of Agriculture. Notification shall be via mail, FAX or e-mail to: Nursery Program Supervisor, Plant Division, Oregon Department of Agriculture, 635 Capitol St. NE, Salem, OR 97301; FAX 503-986-4564; quarantine@oda.oregon.gov. (2) For purposes of this section, "tree and shrub nursery stock" means woody forest and ornamental trees, shrubs and vines grown or kept for propagation or sale, including bareroot, balled and burlaped, and containerized plants, liners, budwood, seedlings and cuttings. Fruit, seeds and tissue culture plantlets are not considered tree and shrub nursery stock. (3) Notice under (1) of this section in advance of arrival of the shipment is encouraged but must be no later than two business days (Monday through Friday) after its arrival. Notification shall include the species of plant(s), quantities, source, and recipient's contact information. Copies of regular shipping documents, e.g. load lists, with this information are encouraged. ODA may approve alternative notification systems if such systems allow ODA at least one business day to determine if an inspection is necessary. (4) ODA will contact nurseries within one business day of receipt of notification if the tree and shrub nursery stock must be held for inspection under ORS 571.220 and 570.305. Recipients are not obligated to hold the imported tree and shrub nursery stock for inspection unless contacted directly by an ODA inspector, except that the imported tree and shrub nursery stock must not be sold or distributed to untraceable buyers, e.g. final consumers, for one business day after notifying ODA. (5) Failure to comply with this rule could result in criminal penalties authorized in 571.991 of up to $5,000. Violation of this rule by a licensed nursery may also result in license suspension or revocation. Statutory/Other Authority: ORS 570.305 & 571.220 Statutes/Other Implemented: ORS 561.190 History: DOA 13-2026, minor correction filed 01/29/2026, effective 01/29/2026 DOA 5-2007, f. & cert. ef. 3-16-07 DOA 9-2004, f. & cert. ef. 3-12-04
603-054-0030 Inspection and Service Fees for Unlicensed Nursery Persons The fees for inspection and special services performed for persons not required to be licensed pursuant to ORS Chapter 571 are as follows: (1) Inspections and issuance of phytosanitary or other certificates at locations or premises of persons requesting such service shall be $60 per hour, chargeable to the nearest one-quarter hour, with a minimum of $45 for each inspection or issuance of a certificate. (2) Inspections and issuance of phytosanitary certificates or other certificates at a State Department of Agriculture facility shall be $20 for each such certificate for non-commercial shipments (less than $1000 value) and $35 per certificate for commercial shipments (greater than $1000 value). (3) Fees for laboratory services will be sufficient to recover the costs of such services. Statutory/Other Authority: ORS 561 & 571 Statutes/Other Implemented: ORS 561.020 & 571.145 History: DOA 6-2014, f. & cert. ef. 5-1-14 DOA 2-2003, f. & cert. ef. 1-7-03 AD 14-1997, f. & cert. ef. 7-30-97 AD 1-1983, f. & ef. 1-4-83 AD 4-1979, f. & ef. 4-22-79 AD 2-1978, f. & ef. 1-19-78
603-054-0035 License Fees for Christmas Tree Growers (1) The annual license fee for Christmas tree growers beginning May 15, 2008, shall be a basic charge of $62 plus an acreage assessment as follows: $3 per acre for 40 or fewer acres, plus an additional $2.60 per acre for more than 40 acres but not more than 100 acres, plus an additional $2.10 per acre for more than 100 acres but not more than 200 acres, plus an additional $1.60 per acre for more than 200 acres. The annual license fee for Christmas tree growers beginning May 15, 2009, shall be a basic charge of $64 plus an acreage assessment as follows: $3 per acre for 40 or fewer acres, plus an additional $2.70 per acre for more than 40 acres but not more than 100 acres, plus an additional $2.20 per acre for more than 100 acres but not more than 200 acres, plus an additional $1.70 per acre for more than 200 acres. The annual license fee for Christmas tree growers beginning May 15, 2010, shall be a basic charge of $66 plus an acreage assessment as follows: $3 per acre for 40 or fewer acres, plus an additional $2.80 per acre for more than 40 acres but not more than 100 acres, plus an additional $2.30 per acre for more than 100 acres but not more than 200 acres, plus an additional $1.80 per acre for more than 200 acres. The annual license fee for Christmas tree growers beginning May 15, 2011, shall be a basic charge of $68 plus an acreage assessment as follows: $3 per acre for 40 or fewer acres, plus an additional $2.90 per acre for more than 40 acres but not more than 100 acres, plus an additional $2.40 per acre for more than 100 acres but not more than 200 acres, plus an additional $1.90 per acre for more than 200 acres. The annual license fee for Christmas tree growers beginning May 15, 2012, shall be a basic charge of $70 plus an acreage assessment as follows: $3 per acre for 40 or fewer acres, plus an additional $3 per acre for more than 40 acres but not more than 100 acres, plus an additional $2.50 per acre for more than 100 acres but not more than 200 acres, plus an additional $2 per acre for more than 200 acres. (2) The total license fee shall not exceed $5,000. (3) To assist Christmas tree growers in determining their appropriate license fee, a license fee calculator can be found at: http://oda.state.or.us/dbs/christmas_tree_fee/calculator.lasso Statutory/Other Authority: ORS 571.530 Statutes/Other Implemented: ORS 571.530 History: DOA 9-2008, f. & cert. ef. 2-15-08 AD 6-1994, f. 6-3-94, cert. ef. 7-1-94 AD 8-1987, f. & ef. 6-3-87 AD 11-1985, f. & ef. 11-27-85
603-054-0040 Intent Civil penalties encourage compliance with plant protection and marketing regulatory requirements. The intent of this civil penalty regulation is to implement the authority provided by the Oregon Legislature in order to protect Oregon’s natural resources and enhance the marketing of our agricultural products. Communication is an important first step in reaching the Department of Agriculture’s goal of educating the public and industry into compliance with its regulatory requirements. Occasionally, however, the violation is so obvious and threatening that stronger measures are appropriate in the first instance. Enforcement serves as an important, though usually secondary, educational tool. Statutory/Other Authority: 1999 OL 390 Statutes/Other Implemented: 1999 OL 390 History: DOA 10-2005, f. & cert. ef. 2-15-05 DOA 3-2001, f. & cert. ef. 1-5-01
603-054-0045 Definitions In addition to the definitions set forth in ORS 561.005, 570.005, 570.105, and 571.005, the following will apply: (1) “Abatement”: Action by a person to comply with a cited violation of the rules or statutes. (2) “Director”: The Director of the Department of Agriculture, or the Director’s designee. (3) “Good cause”: Means a cause beyond the reasonable control of the person. “Good cause” exists when it is established by satisfactory evidence that factors or circumstances are beyond the control of a rational and prudent person of normal sensitivity, exercising ordinary common sense. (4) “Magnitude of Violation”: Means the seriousness of a violation with respect to how it is categorized. The prohibited acts shall be categorized as a Major violation, Moderate violation, or Minor violation. (5) “Repeat violation”: A violation that has not been fully corrected by the date ordered or subsequent violation of the same rule, order or statute. (6) “Violation”: The breach of a person’s duty to comply with ORS Chapters 561, 570, or 571 or any regulation, rule or order issued thereunder. Statutory/Other Authority: 1999 OL 390 Statutes/Other Implemented: 1999 OL 390 History: DOA 10-2005, f. & cert. ef. 2-15-05 DOA 3-2001, f. & cert. ef. 1-5-01
603-054-0050 Consolidation of Proceedings Each and every violation is a separate and distinct offense. In cases of continuing violations, proceedings for the assessment of multiple civil penalties for multiple violations against a person may be consolidated into a single hearing. Statutory/Other Authority: 1999 OL 390 Statutes/Other Implemented: 1999 OL 390 History: DOA 10-2005, f. & cert. ef. 2-15-05 DOA 3-2001, f. & cert. ef. 1-5-01
603-054-0055 Notice of Violation and Assessment of Civil Penalties (1) Notice of a violation shall inform the person of the existence of a violation, the actions required to resolve the violation and the consequences of continued non-compliance. (2) The Director shall prescribe a reasonable time for the abatement of a violation of ORS 561, 570 or 571. Upon timely request, the Director may extend this time for good cause shown. The request should state any good cause that supports the request. (3) Violations occurring after the time prescribed for the elimination of the violation shall be considered repeat violations. (4) Persons receiving a notice of proposed civil penalty under these rules shall have twenty (20) calendar days to request a hearing. If a request is not received on the 20th day after the notice is served, the Department may issue a default order. The Department file is designated as the record in cases of default. (5) Notice of violation shall be in writing and shall be sent by registered or certified mail to the last known address on file with the Department of Agriculture. The notice shall include, but not be limited to: (a) A reference to the particular section of the statute and/or administrative rule involved; (b) A short and plain statement of the matters asserted or charged; (c) A statement of the amount of the penalty or penalties assessed, and how it was calculated; (d) A person’s right to request a hearing within twenty (20) days of receipt of the notice and explanation of how a hearing may be requested; (e) A statement that the notice becomes a final order unless the Department receives a written request for a hearing from the person whom the civil penalty is addressed within twenty (20) days from the receipt of the notice; (f) A statement that the person is entitled to an informal conference with the Department to attempt resolution of the violation and penalty prior to commencement of a formal contested case hearing. (6) Civil penalties shall be due and payable within twenty (20) days of receipt of the final order of violation or when the notice is converted to a final order because the person has defaulted. (7) Any time after the service of the written notice of assessment of a civil penalty, the Director may compromise, reduce or settle any unpaid civil penalty at any amount that the Director deems appropriate in his or her discretion. As provided by ORS 183.415(5), any compromise, reduction or settlement authorized by the Director shall be final and not subject to judicial review. Statutory/Other Authority: 1999 OL 390 Statutes/Other Implemented: 1999 OL 390 History: DOA 10-2005, f. & cert. ef. 2-15-05 DOA 3-2001, f. & cert. ef. 1-5-01
603-054-0060 Hearing Procedures All hearings shall be conducted pursuant to the applicable contested case procedures as outlined in ORS 183.310 to 183.550 and the Attorney General’s Uniform and Model Rules of Procedure (OAR Chapter 137, 1999). Statutory/Other Authority: 1999 OL 390 Statutes/Other Implemented: 1999 OL 390 History: DOA 10-2005, f. & cert. ef. 2-15-05 DOA 3-2001, f. & cert. ef. 1-5-01
603-054-0065 Entry of Order and Appeal Rights (1) If a person, having received a notice of violation(s), fails to request a hearing as specified in OAR 603-054-0055(5)(d), or if after the hearing the person is found to be in violation of the provisions of these rules, a final order may be entered by the department assessing a civil penalty. (2) The Director or his/her designate shall sign the order. (3) The final order, if not appealed or not sustained on appeal, shall constitute a judgement and may be recorded with the county clerk in any county of this state. The penalty provided in the order so recorded becomes a lien upon the title of any interest and real property in the county owned by the person against whom the order is entered. Statutory/Other Authority: 1999 OL 390 Statutes/Other Implemented: 1999 OL 390 History: DOA 10-2005, f. & cert. ef. 2-15-05 DOA 3-2001, f. & cert. ef. 1-5-01
603-054-0075 Mitigating Circumstances During the process of determining the amount of civil penalty to be assessed, the Director may take into consideration any factors which may have an influence on the particular case. Such factors may include whether the violation appears to be accidental or willful and repeated, whether the violation is a first time offense or if there is a history of violations and the degree of cooperation shown by the person involved in the violation. Statutory/Other Authority: 1999 OL 390 Statutes/Other Implemented: 1999 OL 390 History: DOA 10-2005, f. & cert. ef. 2-15-05 DOA 3-2001, f. & cert. ef. 1-5-01
603-054-0080 License Requirement for Persons Doing Landscaping Business The Department, as required by ORS 571.045(2), hereby establishes that any person doing landscaping business that stores plants for more than one year, operates as a grower, dealer or agent, keeps plants for propagation, advertises nursery stock for sale, or sells nursery stock, must obtain a nursery license. Statutory/Other Authority: ORS 561 & 571 Statutes/Other Implemented: ORS 571.045 History: DOA 2-2003, f. & cert. ef. 1-7-03
603-054-0085 Pre-Notification of Imported Christmas Trees (1) Recipients of Christmas trees and cut evergreen branches imported into the state of Oregon from any out-of-state source are required to notify the Oregon Department of Agriculture. Notification shall be via mail, FAX or e-mail to: Nursery Program Supervisor, Plant Division, Oregon Department of Agriculture, 635 Capitol St. NE, Salem, OR 97301; FAX 503-986-4786; quarantine@oda.oregon.gov. (2) For purposes of this section, " Christmas tree” is as defined in ORS 571.505 (2). (3) For the purposes of this section, cut evergreen branches is defined as cut branches of any evergreen tree in the genera of Abies , Pinus or Pseudotsuga . It does not include cut branches in wreaths or in other manufactured products. (4) Notice under (1) of this section in advance of arrival of the shipment is required and must be no later than two business days (Monday through Friday) prior to its arrival. Notification shall include the species of Christmas tree(s) or cut evergreen branches, origin, quantities, source, and recipient's contact information. Copies of regular shipping documents, e.g. load lists, with this information is required. ODA may approve alternative notification systems if such systems allow ODA at least one business day to determine if an inspection is necessary. (5) ODA will contact the recipient of the Christmas tree(s) or cut evergreen branches within one business day of receipt of notification if the Christmas trees or cut evergreen branches must be held for inspection in order to prevent the introduction or spread of dangerous insects or other plant pests as provided in ORS 570.305. Recipients are not obligated to hold the imported Christmas tree(s) or cut evergreen branches for inspection unless contacted directly by an ODA inspector, except that the imported Christmas tree(s) or cut evergreen branches must not be sold or distributed to untraceable buyers, e.g. final consumers, for two business day after notifying ODA. (6) No person shall knowingly offer to sell Christmas tree stock or cut evergreen branches that are infected or infested with dangerous pests as provided in ORS 571.575. Failure to comply with this section may result in the penalties provided in ORS 571.995. Statutory/Other Authority: ORS 570.305 Statutes/Other Implemented: ORS 561.190 History: DOA 12-2026, minor correction filed 01/29/2026, effective 01/29/2026 DOA 15-2020, minor correction filed 07/27/2020, effective 07/27/2020 DOA 8-2020, adopt filed 06/09/2020, effective 06/09/2020
603-055-0100 Apiary Registration Fees The following annual apiary registration fees are established by authority provided in ORS 602.090: Every person who owns or is in charge of five or more colonies of bees located within this state must register the colonies with the Department of Agriculture. Each registration shall be accompanied by a fee, which shall cover each colony of bees owned by the registrant. (1) For registrations made before June 1 of each year, the annual registration fee shall be $10 per registration and $0.50 per colony. (2) The number of colonies that must be registered shall be based on the high number of full strength colonies managed within the state of Oregon at any time during the previous year. (3) For registrations made after July 1 of each year, the annual registration fee shall be $20 per registration and $0.50 per colony. (4) All moneys collected pursuant to ORS 602.090 shall be spent on pollinator research that is predominately focused on honeybees. Statutory/Other Authority: ORS 561.190 & 602.090 Statutes/Other Implemented: ORS 602.090 History: DOA 6-2016, f. & cert. ef. 4-5-16 AD 2-1994, f. & cert. ef. 2-8-94 AD 7-1992, f. & cert. ef. 6-3-92
603-055-0200 Definition As used in this rule, unless the context or a specially applicable definition requires otherwise: As defined in ORS 602.010, “Colony” or “colonies of bees” refers to any hive occupied by bees and “hive” means any receptacle or container made or prepared for use of bees, or box or similar container taken possession of by bees, except for nucleus hives. Statutory/Other Authority: ORS 561.190 & 602.090 Statutes/Other Implemented: ORS 602.090 History: DOA 6-2016, f. & cert. ef. 4-5-16
603-056-0050 Seed Dealer License (1) Both retail seed dealers and wholesale seed dealers must obtain a seed dealer license from the department prior to selling, offering for sale, or exposing for sale any agricultural, flower, or vegetable seed. (2) Before the department issues any seed dealer license, a person shall submit a completed application and appropriate annual license fee. The application shall include the following: (a) Names and titles of each person requesting the license. If the applicant is a partnership, corporation, business entity, association, governmental subdivision, or public or private organization, the applicant shall also submit the names and titles of each partner, officer, agent, manager, and principle of that entity; (b) Location(s) of the applicant, including a mailing address and registered agent; (c) Phone numbers of the applicant; (d) Electronic mail address of the applicant if available; (e) Ownership structure of the applicant, e.g. proprietorship, partnership, corporation, limited liability company, etc.; (f) If an applicant or any of its associated officers, agents, or partners have had or have been found to have violated of the Federal Seed Act, the Oregon Seed Law, or any other state’s laws related to agricultural, flower, or vegetable seed within the 36 months prior to the date of the application, or if the applicant or any of its associated officers, agents, or partners has received a penalty or penalties totaling $10,000 or more related to agricultural, flower, or vegetable seed dealings or has been placed on probation, had a license suspended, or had a license revoked for any licenses related to agricultural, flower, or vegetable seed dealings. (3) The department shall furnish first time seed dealer licensees with copies of the Oregon Seed Law. All first time licensees shall read the documents provided. (4) Department staff shall contact first time licensees during their initial annual licensing period in order to provide education to aid in complying with the Oregon Seed Law. (5) ( a) The department may refuse to issue, reissue, or renew a person’s seed dealer license when that person’s license has been suspended and the person is not yet eligible for reissuance, when the person’s license has been revoked, or when that person was an officer of another entity at the time when that entity committed action that resulted in its seed dealer license being suspended or revoked, or when a person who exercised substantial control over the seed industry activities of a seed dealer at the time of an event that resulted in the seed dealers license being suspended or revoked. (b) The department must notify an applicant of its decision to refuse to issue, reissue, or renew a seed dealer license in writing as a contested case order that is consistent with ORS Chapter 183.430 and ORS 183.415 and shall serve its notice on the applicant and on any party to the previous action resulting in suspension of the seed dealer’s license. 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