reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.412 - Required declaration of vacancy of public member office.

The Director of Agriculture shall immediately declare the office of a member of the Oregon Hemp Commission who is a member of the public vacant if the director finds that the member has become a producer or processor. [2021 c.216 §6a]
Note:
See note under 571.400.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.414 - Authority to remove member of Oregon Hemp Commission.

(1) The Director of Agriculture may remove a member of the Oregon Hemp Commission for inefficiency, neglect of duty or misconduct in office if the director provides:
(a) At least 10 days before the date of a public hearing on the issue of removal of the member, service on the member of:
(A) A copy of the charges against the member; and
(B) Notice of the time and place of the public hearing on the issue of removal; and
(b) A public hearing on the issue of removal of the member at which the member must have the opportunity to be heard in person or by counsel and to present evidence to answer the charges and explain the facts alleged against the member.
(2) In the case of removal, the director shall file with the office of the Secretary of State a complete statement of all charges against the member, and the findings on the charges, along with a record of the entire removal proceedings. [2021 c.216 §7]
Note:
See note under 571.400.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.417 - Payment for member of Oregon Hemp Commission; expenses; rules.

(1) The Oregon Hemp Commission may adopt rules to establish the amount of payment that a member of the commission receives under ORS 292.495 for each day, or portion of a day, during which the member is engaged in the performance of official duties. Any rules adopted under this section must specify that the amount must be at least the amount of payment that would otherwise be provided under ORS 292.495.
(2) Members, officers and employees of the commission must receive their actual and necessary travel and other expenses reasonably incurred in the performance of their official duties. Subject to any limitations described under ORS 292.495 (2), the commission shall adopt rules governing the incurring and paying of the expenses described in this subsection. [2021 c.216 §8]
Note:
See note under 571.400.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.420 - Meetings.

(1) The Oregon Hemp Commission shall establish a meeting place anywhere in this state, but must consider in selecting the location the convenience of the majority of those persons most likely to have business with the commission or to be affected by the acts of the commission.
(2) Notwithstanding subsection (1) of this section, the commission may participate in meetings outside the state for the purposes of advancing the work of the commission.
(3) The commission may take action only at meetings held within this state. [2021 c.216 §9]
Note:
See note under 571.400.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.429 - Oregon Hemp Commission authority, duties relating to moneys.

(1) The Oregon Hemp Commission shall:
(a) Adopt a budget, obtain budget approval and submit financial statements in the same manner as a commodity commission acting under ORS 576.416.
(b) Receive, deposit, invest, expend and budget moneys in the same manner as a commodity commission acting under ORS 571.471, 571.486, 571.489 and 571.492.
(2) The commission may accept grants, donations or contributions from any source and for expenditures for any purpose consistent with the powers conferred on the commission. [2021 c.216 §12]
Note:
See note under 571.400.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.432 - Administrative support for Oregon Hemp Commission from Oregon Department of Administrative Services; compensation for services; accounting system.

(1) Upon request by the Oregon Hemp Commission, the Oregon Department of Administrative Services may:
(a) Purchase or otherwise provide for acquiring or furnishing supplies, materials, equipment and services, other than personal services, that the commission requires and for independent contractors to furnish professional services to the commission.
(b) Provide for printing and multiple duplication work for the commission under ORS 282.010 to 282.050, except for printing and binding that advertises or promotes hemp or hemp products.
(c) Provide for services to the commission for disposing of surplus, obsolete or unused supplies, materials and equipment under ORS 279A.280.
(d) Provide for central telephone service, central mail service and messenger services to the commission under ORS 283.140.
(e) Provide motor vehicles for use by members, officers and employees of the commission under ORS 283.305 to 283.350.
(2) The commission shall pay to the department an amount for services performed by the department under subsection (1) of this section that the department determines is adequate to reimburse the department.
(3) Upon request by the commission, the department may design and supervise the installation of an accounting system for the commission. The commission shall pay to the department an amount for services performed by the department under this subsection that the department determines is adequate to reimburse the department. [2021 c.216 §13]
Note:
See note under 571.400.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.435 - Provision and receipt of services, facilities and materials to, from other state agencies.

(1) The Oregon Hemp Commission may elect to provide services, facilities and materials to commodity commissions created under ORS 576.051 to 576.455, the Oregon Wheat Commission, the Oregon Beef Council and other state agencies and officers under ORS 283.110.
(2) Upon request by the Oregon Hemp Commission, any other entity described in subsection (1) of this section may provide services, facilities and materials to the commission under ORS 283.110. [2021 c.216 §14]
Note:
See note under 571.400.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.438 - Exemption from certain financial administration laws.

ORS 291.026, 291.201 to 291.222, 291.232 to 291.260, 291.322 to 291.334, 292.210 to 292.250, 293.260 to 293.280, 293.295 to 293.346 and 293.590 to 293.640 do not apply to the Oregon Hemp Commission or to the administration and enforcement of ORS 571.400 to 571.501. [2021 c.216 §15]
Note:
See note under 571.400.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.441 - Commission employees not subject to state personnel compensation plans; commission not subject to office space regulation; fees for administrative services; rules.

(1) Wages or salaries of employees of the Oregon Hemp Commission are not subject to personnel compensation plans for state employees established by the Oregon Department of Administrative Services under ORS 240.235 to 240.250.
(2) The commission is not required to utilize office space provided or obtained by the department as provided in ORS chapter 276.
(3) The State Department of Agriculture may charge and collect from the commission an assessment or fee to reimburse the department for supervisory or administrative functions the department is required by law to perform for the commission. The department shall establish the amount of the assessment or fee by rule. [2021 c.216 §16]
Note:
See note under 571.400.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.444 - Intellectual property; rules.

(1) As used in this section, "intellectual property" means patents, copyrights, trademarks, inventions, discoveries, processes, ideas and other similar property, whether or not they are patentable or copyrightable.
(2)(a) The Oregon Hemp Commission may:
(A) Consistent with the purposes of the commission, develop intellectual property that relates to hemp or assists in the implementation, maintenance or development of commission programs.
(B) Take all necessary and proper actions, including but not limited to entering into contracts and other agreements and owning, managing, disposing of or using the intellectual property.
(b) The commission shall adopt rules to govern the ownership, management, disposal and use of intellectual property and other activities of the commission relating to intellectual property.
(3) Moneys received by the commission as a result of the ownership, management, disposal or use of intellectual property, or other activities of the commission relating to intellectual property, must be deposited into the account established by the commission as described in ORS 571.471. [2021 c.216 §17]
Note:
See note under 571.400.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.450 - Exemptions from assessments; rules.

(1) The Oregon Hemp Commission may establish by rule exemptions from the assessments described in ORS 571.447 based on:
(a) Hemp quantities;
(b) Types of hemp sales;
(c) Types of hemp producers; and
(d) Types of hemp processors.
(2) In adopting a rule under subsection (1) of this section, the commission shall consider:
(a) Federal laws and rules, and laws and rules of other states, that relate to commodity commissions, boards and marketing orders;
(b) The practices, procedures and customs unique to the production, processing and trading of hemp and to producers; and
(c) The cost of collecting the particular assessment and any practical problems relating to the collection.
(3) A producer or processor that is exempted from assessment but required to submit reports to the commission is subject to ORS 571.459. [2021 c.216 §19]
Note:
See note under 571.400.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.453 - Assessment collection requirements.

(1) A person responsible for collecting an assessment on behalf of the Oregon Hemp Commission:
(a) Shall report to the commission as required by the commission by rule.
(b) Who fails to deduct an assessment at the time of sale shall report and pay the assessment to the commission.
(2) This section applies to a producer that is required to report and pay an assessment. [2021 c.216 §20]
Note:
See note under 571.400.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.456 - Reporting to Oregon Hemp Commission of sales, transfers of hemp by producer; payment of assessment.

(1) When a processor lives, or has the processor’s office, in Oregon, the producer shall report all transfers or sales made to the processor on forms provided by the Oregon Hemp Commission and pay the assessment moneys directly to the commission.
(2) When a processor lives, or has the processor’s office, in another state or country or is a federal or other governmental agency, the producer shall report all transfers or sales made to the processor on forms provided by the Oregon Hemp Commission and pay the assessment moneys directly to the commission.
(3) If a producer is also licensed as a processor and performs all or part of the producer’s processing functions that would normally be performed by another person in the role of processor, the producer shall report all transfers or sales of hemp from the production of the producer on forms provided by the commission and pay the assessment moneys directly to the commission. [2021 c.216 §21]
Note:
See note under 571.400.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.459 - Requirement to maintain records; Oregon Hemp Commission authority to inspect records, issue subpoenas.

(1) A person required to pay or collect an assessment on hemp under ORS 571.400 to 571.501 shall maintain accurate records sufficient to enable the Oregon Hemp Commission to determine by inspection and audit the accuracy of assessments paid or due to the commission and of reports made or due to the commission.
(2) For purposes of determining the accuracy of assessments paid or due to the commission, the commission, or a person authorized by the commission, may:
(a) Make an inspection during normal business hours of the business premises of a person required to pay or collect an assessment; and
(b) Audit the records of a person required to pay or collect an assessment.
(3) For purposes of determining the accuracy of assessments paid or due to the commission, the commission may issue a subpoena for the production of any books, records or documents related to the payment or collection of an assessment to a person required to pay or collect the assessment.
(4) If an audit determines that a person is delinquent in the payment or collection of an assessment, the person shall pay the cost of the audit, not to exceed an amount equal to the delinquent assessment. [2021 c.216 §22]
Note:
See note under 571.400.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.462 - Penalty for delayed payment of assessment.

(1) In addition to the penalties prescribed in ORS 571.501, a person who delays transmittal of funds beyond the time set by the Oregon Hemp Commission shall pay a penalty of 10 percent of the amount due and one and one-half percent interest per month on the unpaid balance of the assessment.
(2) The commission may waive the penalty and interest described in subsection (1) of this section upon a showing of good cause, as determined by the commission by rule.
(3) Notwithstanding subsection (1) of this section, if an assessment is collected pursuant to a federal marketing order or agreement, the commission may establish a penalty or interest rate that is consistent with the federal marketing order or agreement. [2021 c.216 §23]
Note:
See note under 571.400.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.465 - Penalty for failure to pay assessment; civil action.

(1) If a person responsible for the transmittal of assessment moneys to the Oregon Hemp Commission fails to relinquish assessment moneys collected, the person shall pay an amount equal to twice the amount of the unrelinquished assessment moneys.
(2) The commission may commence a civil action or utilize any other available legal or equitable remedy to collect an assessment or civil penalty, obtain injunctive relief or obtain specific performance under ORS 571.400 to 571.501.
(3) If the person responsible for the transmittal of assessment moneys is a cooperative, corporation or joint venture, all directors and officers of the cooperative, corporation or joint venture are personally liable for a failure to relinquish the assessment moneys collected by the cooperative, corporation or joint venture.
(4) If the commission obtains a favorable judgment in an action or suit under subsection (2) of this section, the court shall award to the commission costs and reasonable attorney fees. [2021 c.216 §24]
Note:
See note under 571.400.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.468 - Dispute regarding amount of assessment; rules.

(1) A producer may dispute the amount of an assessment levied against the producer on a unit basis under ORS 571.447 if the total assessment levied against the producer during an assessment period established by the Oregon Hemp Commission by rule exceeds the total dollar value received by the producer for the hemp during that assessment period multiplied by the maximum lawful assessment percentage.
(2) A producer who disputes the amount of an assessment as provided under subsection (1) of this section may file a challenge to the assessment with the commission not more than 60 days after the close of the assessment period. The challenge must be filed on a form provided by the State Department of Agriculture. The commission shall process a challenge under this section pursuant to rules adopted under subsection (4) of this section.
(3) A producer filing a challenge under this section has the burden of proving the total dollar value received by the producer during the assessment period. If the producer is also licensed as a processor, the producer also has the burden of proving the prices paid to the producer are equivalent to prices paid in arm’s-length transactions. The commission shall refund the amount of the assessment that the producer proves is in excess of the total dollar value received by the producer for the hemp during the assessment period multiplied by the maximum lawful assessment percentage.
(4)(a) The department shall adopt rules to carry out this section. Rules adopted under this paragraph must include, but need not be limited to, procedures for filing, processing and formal or informal resolution of challenges and for determining hemp prices paid in arm’s-length transactions.
(b) The commission shall adopt rules establishing assessment periods and may adopt other rules as necessary and that do not conflict with the rules adopted by the department under this subsection. [2021 c.216 §25]
Note:
See note under 571.400.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.471 - Financial activity of Oregon Hemp Commission.

(1)(a) Moneys a person collects or receives from the assessment levied pursuant to ORS 571.447, and other moneys the Oregon Hemp Commission receives, must be paid to the authorized agent of the commission and promptly deposited into an account established by the commission in a depository, as defined in ORS 295.001, that is insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund.
(b) In a manner consistent with the requirements of ORS 295.001 to 295.108, the chairperson, vice chairperson and secretary-treasurer for the commission shall ensure that sufficient collateral secures any amount of funds on deposit that exceeds the coverage limits established by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund.
(c) All moneys in the account are continuously appropriated to the commission for the purposes of carrying out the commission’s duties, functions and powers.
(2) Moneys may not be withdrawn from or paid out of the account except upon order of the commission, and upon checks or other orders upon accounts signed by the secretary-treasurer or other member of the commission that the commission designates and countersigned by another member, officer or employee of the commission that the commission designates. The commission shall keep a receipt, voucher or other written record showing clearly the nature and items covered by each check or other order.
(3) Subject to approval by the Director of Agriculture, the commission may invest moneys the commission collects or receives. Investments the commission makes are:
(a) Limited to investments described in ORS 294.035;
(b) Subject to the investments maturity date limitations described in ORS 294.135; and
(c) Subject to the conduct prohibitions listed in ORS 294.145.
(4) Interest earned from any moneys the commission invests under subsection (3) of this section is available to the commission in a manner consistent with the commission’s annual budget.
(5) In addition to, or in lieu of, investments described in subsection (3) of this section, the commission may invest in the investment pool described in ORS 294.805. For purposes of ORS 294.805 to 294.895, the commission is a public corporation and the secretary-treasurer of the commission is the local government official. [2021 c.216 §26]
Note:
See note under 571.400.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.474 - Fidelity bond; conditions on bond; payment of cost of bond.

(1) A person authorized by the Oregon Hemp Commission to receive or disburse moneys under ORS 571.400 to 571.501 shall obtain a fidelity bond from the Oregon Department of Administrative Services.
(2) The bond must be in an amount equal to the maximum amount of moneys that the commission determines the person may control. The commission may establish conditions on the person’s control of moneys under this section.
(3) The commission shall pay the cost of the bond.
(4) If the person is an employee of the commission, the department shall purchase the bond and the commission shall pay the cost of the bond. [2021 c.216 §27]
Note:
See note under 571.400.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.477 - Cancellation of uncollectible assessment.

The Oregon Hemp Commission may cancel an uncollectible assessment consistent with ORS 293.240. Subsequent collection of debt written off under ORS 293.240 is governed by ORS 293.245. [2021 c.216 §28]
Note:
See note under 571.400.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.480 - Maintenance of books, records and accounts.

The Oregon Hemp Commission shall maintain accurate books, records and accounts of its dealings. The books, records and accounts of the commission must be open to inspection and audit by the Secretary of State. [2021 c.216 §29]
Note:
See note under 571.400.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.486 - Requirement to comply with ORS 571.483 in order to make, incur expenditure.

An expenditure of moneys for a fiscal year may not be made or incurred by or under the authority of the Oregon Hemp Commission under ORS 571.400 to 571.501 unless the commission complies with ORS 571.483. [2021 c.216 §31]
Note:
See note under 571.400.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.489 - Limitation on amount, purpose of expenditure.

(1) Except as otherwise provided in subsection (2) of this section, an expenditure of moneys for a fiscal year may not be made or incurred by or under the authority of the Oregon Hemp Commission under ORS 571.400 to 571.501:
(a) In excess of the total amount of expenditures estimated for the fiscal year in the budget adopted for the fiscal year or in excess of the total amount of expenditures estimated for any major category in the budget adopted for the fiscal year.
(b) For any purpose different than that indicated by the major category in the budget adopted for the fiscal year.
(2) An expenditure of moneys for a fiscal year unforeseen at the time the budget is prepared may not be made or incurred by or under the authority of the commission under ORS 571.400 to 571.501 in excess of the amount of unforeseen expenditures estimated as provided in ORS 571.483. [2021 c.216 §32]
Note:
See note under 571.400.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.492 - Unforeseen expenditure; fund transfer.

(1) Subject to ORS 571.489 (2), expenditures of moneys for a fiscal year unforeseen at the time the Oregon Hemp Commission budget is prepared may be made or incurred by order of the commission. When an unforeseen expenditure of moneys occurs in a fiscal year, the commissioners must approve a motion for an order of a fund transfer. The motion must include:
(a) The amount and purpose of the expenditure and why the expenditure was unforeseen;
(b) A request for the certification by the Director of Agriculture of the order;
(c) The specific major category of the budget to which the specific funds are to be allocated; and
(d) The specific major category of the budget from which the funds are to be transferred.
(2) At least one copy of the order for the fund transfer must be filed in the office of the commission and made available for public inspection during normal business hours of the commission.
(3) The commission shall send the request for certification of the order for the fund transfer to the director. The director shall:
(a) Examine the request, the commission’s most recent financial statement, the minutes of the meeting at which the commissioners approved the motion to request the order and the budget to which the order relates.
(b) Certify the order if the director determines that the form of the order is in accordance with the law, that the facts set forth in the order and the budget to which the order relates indicate that the order is in accordance with the law and that the proposed unforeseen expenditure is appropriate to accomplish the goals and needs of the commission.
(c) Immediately notify the commission if the director determines that the order is defective because:
(A) Of a failure to comply with ORS 571.483;
(B) The final budget or the preparation or adoption of the final budget is defective; or
(C) The estimated expenditures do not conform with statutory requirements.
(4) If the director finds that the order is defective, the commission shall promptly take all practicable steps to remedy the defects.
(5) After certifying an order under this section, the director shall retain the certified copy of the order and make the copy available for public inspection during normal business hours of the State Department of Agriculture. [2021 c.216 §33]
Note:
See note under 571.400.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.495 - Distribution of moneys upon abolishment of Oregon Hemp Commission.

(1) Unless the Legislative Assembly orders a refund pursuant to subsection (2) of this section, if the Legislative Assembly abolishes the Oregon Hemp Commission, any moneys remaining in the possession of the abolished commission on the effective date of the abolishment are transferred to Oregon State University and are continuously appropriated to the university for research benefitting producers.
(2) The Legislative Assembly may order in an Act dissolving the commission that any moneys remaining in the possession of the abolished commission on the effective date of the abolishment be refunded on a proportional basis to the persons who paid assessments to the commission during the assessment year in which the commission was abolished. [2021 c.216 §34]
Note:
See note under 571.400.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.498 - Sale of hemp considered sale in commercial channels.

Any sale of hemp by a producer or processor is a sale in commercial channels for the purposes of ORS 571.501. [2021 c.216 §35]
Note:
See note under 571.400.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.501 - Penalty for violation of ORS 571.400 to 571.501.

Violation of any provision of ORS 571.400 to 571.501 is a Class C misdemeanor. [2021 c.216 §36]
Note:
See note under 571.400.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.505 - Definitions for ORS 571.510 to 571.580.

As used in ORS 571.510 to 571.580, unless the context requires otherwise:
(1) "Acre of Christmas trees" means an acre of land upon which Christmas trees are growing at the time of application for the license required by ORS 571.525.
(2) "Christmas tree" means a cut evergreen tree:
(a) Of a marketable species;
(b) Managed to produce trees meeting U.S. No. 2 or better standards for Christmas trees as specified by the Agricultural Marketing Service of the United States Department of Agriculture; and
(c) Evidencing periodic maintenance practices of shearing or culturing, or both, for all Christmas tree species; weed and bush control and one or more of the following practices: Basal pruning, fertilization, insect and disease control, stump culture, soil cultivation and irrigation.
(3) "Dealer" means a person who purchases Christmas trees for resale.
(4) "Department" means the State Department of Agriculture.
(5) "Grower" means any person who grows Christmas trees for sale.
(6) "Natural timber stand" means any site where Christmas trees are growing with a spacing greater than 9.5 feet by 9 feet.
(7) "Sell" or "sale" means to offer or hold for the purpose of sale, or to solicit orders for sale or to deliver, distribute, exchange, furnish or supply. [1985 c.197 §1; 1989 c.561 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.510 - Policy; department to maintain Christmas tree service; duties.

(1) The Legislative Assembly finds and declares that the propagation and raising of Christmas trees is a silvicultural and agricultural pursuit that should be regulated and assisted by the State Department of Agriculture. A Christmas tree service shall be maintained within the department for the purpose of carrying out and enforcing the provisions of ORS 571.505 to 571.580.
(2) The department is authorized to:
(a) Inspect the Christmas tree stock of growers.
(b) Issue certificates and permits and check the license and licensing of persons required to be licensed by ORS 571.505 to 571.580.
(c) Investigate violations of ORS 571.505 to 571.580.
(d) Disseminate information among growers relative to treatment of Christmas tree stock for both prevention and elimination of attacks by plant pests and diseases.
(e) Carry out any other duties or responsibilities which are of service to the Christmas tree industry or which may be necessary for the protection thereof. [1985 c.197 §2; 1989 c.561 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.515 - State Christmas Tree Advisory Committee.

(1) In order that there may be the closest contact between the State Department of Agriculture and the problems of the Christmas tree industry, there hereby is created a State Christmas Tree Advisory Committee, which shall consist of six members appointed by the Director of Agriculture. The director, as far as practicable, shall make appointments so that all areas of the state are represented on the committee.
(2) The term of each member shall be for three years, from the date of appointment. A member shall continue to serve until a successor is appointed and qualifies. Vacancies in office shall be filled by appointment for the unexpired term. An individual is not eligible to serve more than two consecutive terms as a member.
(3) The members of the committee are eligible for compensation and expenses as provided in ORS 292.495, to be paid from funds provided by ORS 571.580.
(4) The functions of the committee are to advise and counsel with the department in the administration of ORS 571.505 to 571.580.
(5) The committee shall meet at the call of the chairperson or the director. A majority of the members present at any meeting constitutes a quorum, and a majority vote of the quorum at any meeting constitutes an official act of the committee.
(6) At the first meeting in each year the committee shall select a chairperson. The Dean of the College of Agricultural Sciences, Oregon State University, and the director, or their representatives, shall be ex officio members without the right to vote. [1985 c.197 §3; 1995 c.79 §310; 2005 c.22 §389]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.520 - Exemptions from licensing requirements.

ORS 571.525 and 571.530 do not apply to:
(1) Any grower owning one acre or less of Christmas trees and whose business consists only of retail sales to the ultimate consumer.
(2) Any dealer. [1985 c.197 §4; 1989 c.561 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.530 - License application; contents; license fee.

(1) Each person required to be licensed by ORS 571.525 shall apply for a license or for renewal of a license on a form furnished by the State Department of Agriculture that contains:
(a) The name and address of the applicant, the number of locations to be operated by the applicant and the addresses of those locations, and the assumed business name of the applicant;
(b) If other than an individual, a statement whether the applicant is a partnership, corporation or other organization;
(c) The total number of acres of Christmas trees grown by the applicant; and
(d) The type of business to be operated and, if the applicant is an agent, the principals the applicant represents.
(2) Each application for a license must be accompanied by a license fee as provided for by this section. An application is not a public record but is subject to audit and review by the department.
(3)(a) The department shall establish license fees for growers on the basis of the total number of acres of Christmas trees being grown in this state by the applicant. For the purpose of calculating the license fee, four acres of Christmas trees growing in a natural timber stand is considered the equivalent of one acre of planted Christmas trees.
(b) The department shall establish an annual license fee schedule after consultation with the State Christmas Tree Advisory Committee and after a public hearing in accordance with ORS chapter 183. The annual license fee may not exceed $110 as a basic charge and $4.50 per acre as an acreage assessment. The total license fee established pursuant to this paragraph may not exceed $7,000. [1985 c.197 §6; 1989 c.561 §4; 1999 c.59 §180; 2015 c.533 §4]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.535 - Renewal of license; rules.

(1) The fees for the renewal of the annual licenses required by ORS 571.505 to 571.580 shall be paid with the application for license renewal and before July 1 of each year or before such date as may be specified by rule of the State Department of Agriculture.
(2) Failure to pay the fees when due forfeits the right to operate as a grower.
(3) Any person who has been previously licensed to grow Christmas tree stock and whose right to grow has been forfeited shall not be issued a renewal license except upon written application to the department accompanied by a sum of money equal to the regular license fee. [1985 c.197 §7; 2007 c.768 §14]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.540 - Form of license; display required.

All licenses issued under ORS 571.505 to 571.580 shall:
(1) Include the date of issue.
(2) Expire on June 30, next following the date of issue, unless sooner revoked by the State Department of Agriculture.
(3) Be in the form of a certificate.
(4) Be numbered serially under the direction of the department.
(5) Be posted in a conspicuous place on the premises of the licensee and a copy at each location where the licensee is doing business, where they can be easily seen by the general public. [1985 c.197 §8]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.545 - License not transferable; notice of change of business organization; additional assessment for trees not subject to fee.

(1) A license is personal to the applicant and may not be transferred. The licensee shall notify the State Department of Agriculture in writing if the business entity of the licensee is changed or if the members of a partnership change, whether or not the business entity name is changed.
(2) The license issued to a grower applies to the particular premises named in the license. However, if prior approval is obtained from the department, the place of business may be moved to other premises or location without the necessity of relicensing. An additional acreage assessment in accordance with ORS 571.530 shall be paid for any acres of Christmas trees not included in the license fee paid at the previous location and will be added when the business changes location. [1985 c.197 §9; 1989 c.561 §5]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.550 - Suspension, revocation or refusal of license.

As provided in ORS chapter 183, the State Department of Agriculture may suspend, revoke or refuse to issue or renew the license of any person when it is satisfied that:
(1) The applicant or licensee has been guilty of fraud, deception or misrepresentation in the handling or sale of Christmas tree stock.
(2) The licensee was guilty of fraud, deception or misrepresentation in the procurement of a license.
(3) The licensee has violated any provision of ORS 571.505 to 571.580. [1985 c.197 §10]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.555 - Issuance of shipping permit numbers.

(1) The State Department of Agriculture shall issue a shipping permit number to any qualified licensee who requests or requires one. Such number shall be the same as the license number and so designated on the license.
(2) The shipping permit number shall accompany all shipments and deliveries of Christmas tree stock. [1985 c.197 §11; 1989 c.561 §6]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.560 - Inspections for pest, disease and weed control; additional inspections for special certificates.

(1) The State Department of Agriculture shall inspect licensed grower’s operations as often as the department considers necessary to determine and control pest, disease and noxious weed conditions.
(2) In addition to the inspections provided in subsection (1) of this section, the department shall make such inspections as are necessary for the issuance of phytosanitary and other certificates. [1985 c.197 §12; 1989 c.561 §7]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.565 - Department to determine accuracy of acreage reporting for fee calculations.

The State Department of Agriculture shall use all appropriate methods to determine the accuracy of acreage reporting to determine the license fee prescribed by ORS 571.530. [1985 c.197 §13; 1989 c.561 §8]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.570 - Substitution or transportation of uninspected Christmas tree stock.

No person shall:
(1) Substitute other Christmas tree stock for Christmas tree stock covered by an inspection certificate.
(2) Transport or accept for transportation Christmas tree stock that does not carry the official inspection tag authorized by the State Department of Agriculture. [1985 c.197 §14]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.575 - Knowingly offering to sell infected or infested Christmas tree stock.

(1)(a) No person shall knowingly offer to sell Christmas tree stock that is infected or infested.
(b) Unless the Christmas tree stock is held for separation or treatment under the supervision of an officer, employee or inspector of the State Department of Agriculture, no person shall advertise, display, transport, move, store or warehouse Christmas tree stock that is infected or infested.
(c) Any infected or infested Christmas tree stock may be seized in accordance with the procedures provided for in ORS 561.605 to 561.630.
(2) As used in subsection (1) of this section:
(a) "Infected" means any appearance of a disease symptom or causal agent that may, in the opinion of the department, be a menace to other Christmas tree stock or any products or properties.
(b) "Infested" means when the mature or immature form of any plant pest, including noxious weeds as defined by the department, is found in such numbers as, in the opinion of the department, to be a menace to other Christmas tree stock or any product or properties. [1985 c.197 §15]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.580 - Disposition and use of moneys received.

The State Department of Agriculture shall deposit all fees paid to it under ORS 571.505 to 571.580 in the Department of Agriculture Service Fund, and such moneys are continuously appropriated to the department for the purposes of administering and enforcing ORS 571.505 to 571.580. [1985 c.197 §16]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.600 - Definitions for ORS 571.605 to 571.620.

As used in ORS 571.605 to 571.620:
(1) "Business development project" has the meaning given that term in ORS 285B.050.
(2) "Western juniper" means trees of the species Juniperus occidentalis. [2015 c.636 §1]
Note:
571.600 to 571.625 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 571 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.610 - Technical business assistance.

The Oregon Business Development Department shall make technical business assistance available to persons engaged in, or proposing to engage in, the business of western juniper harvesting or of manufacturing products from western juniper. The department shall make the assistance available to support the creation, growth or development of a western juniper harvesting or related manufacturing business, including but not limited to assistance designed to improve business efficiency, stability, transparency and profitability. The assistance may be in standardized or customized form. The department may provide technical business assistance directly or may enter into personal service contracts for qualified providers to render the assistance. [2015 c.636 §3]
Note:
See note under 571.600.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.615 - Workforce training assistance.

(1) The Oregon Business Development Department shall provide, or shall partially or fully fund the provision of, workforce training assistance to persons engaged in the business of western juniper harvesting or of manufacturing products from western juniper. The department shall provide or fund the training assistance to support the growth and development of a western juniper harvesting or related manufacturing business, including but not limited to supporting business by qualifying workers in harvesting, commercial driving and milling. The training assistance may be in standardized or customized form. If the department provides training assistance under this subsection or as part of a cooperative agreement under subsection (2) of this section, the department may provide the assistance directly or may enter into personal service contracts for qualified providers to render the assistance.
(2) The department shall give preference to creating basic worker skills, but may also provide or fund training to assist in the maintenance or advancement of worker skills to ensure the viability of western juniper harvesting or related manufacturing businesses in this state. The department, the Employment Department, local governments as defined in ORS 174.116, nonprofit organizations and private associations may enter into cooperative agreements for:
(a) Identifying the projected workforce needs of western juniper harvesting or related manufacturing businesses, potential workers for those businesses and the training needs of those potential workers; and
(b) Providing workforce training assistance to meet the needs described in paragraph (a) of this subsection.
(3) Workforce training assistance described in this section must be designed to increase the likelihood that individuals in the local areas near western juniper harvesting or related manufacturing businesses will have the necessary skill sets to obtain work in those businesses. The Oregon Business Development Department may give training assistance preference to individuals in the local areas who are unemployed. [2015 c.636 §4]
Note:
See note under 571.600.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.620 - Identification and mapping of marketable stands.

The Institute for Natural Resources, in consultation with the State Forestry Department, the State Department of Agriculture and the State Department of Fish and Wildlife and individuals and organizations interested in management, marketing or research matters related to western juniper harvesting, shall identify and map high quality marketable stands of western juniper that can be harvested in a commercially and environmentally reasonable manner for use in manufacturing. The institute shall maximize the use of remote sensing technology to carry out the mapping and identification. To the extent practicable, the institute shall make use of information developed from other state efforts to map western juniper and associated landscape scale restoration and wildlife initiatives. The institute shall make the mapping and identification information available without charge for use by persons engaged in the business of western juniper harvesting or of manufacturing products from western juniper. The institute may periodically review and update the information. [2015 c.636 §5]
Note:
See note under 571.600.