reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 632 - Production, Grading and Labeling Standards for Agricultural and Horticultural Products › Section 632.980 - Improper grading and incorrect certificates prohibited.

No person shall, under ORS 632.900 to 632.940 and 632.955 to 632.980, knowingly inspect, grade or classify improperly any horticultural or agricultural product or knowingly give any incorrect certificate of grade, classification, quality or condition. [Formerly 616.475]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 632 - Production, Grading and Labeling Standards for Agricultural and Horticultural Products › Section 632.985 - Transporting of agricultural or horticultural products subject to inspection; notice.

(1) An operator or person in charge of any motor vehicle may not transport on the streets or highways of this state any agricultural or horticultural products for which inspection is required by law, out of, into or through any inspection district, so designated by the State Department of Agriculture, or out of, into or through any city that has been declared an inspection point, unless the operator or person has given notice by mail or in person to the nearest office or inspector of the department, that such products or any thereof are available for inspection as required by law.
(2) Every person receiving any shipment, load or lot of such products, that has not been inspected, for the purpose of sale or storage in such quantities and in such places as would require inspection, shall give notice within 24 hours by mail or in person, to the nearest office or inspector of the department that the products have been received and are being held for inspection. [Formerly 616.480; 2013 c.118 §6]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 632 - Production, Grading and Labeling Standards for Agricultural and Horticultural Products › Section 632.990 - Criminal penalties.

(1) Violation of any provision of ORS 632.275 to 632.290 or of any rule adopted under ORS 632.275 to 632.290 is a Class B misdemeanor for a first offense, and a Class A misdemeanor for a second or subsequent offense.
(2) Violation of any provision of ORS 632.450 to 632.490 or of any rule adopted under ORS 632.450 to 632.490 is a Class B misdemeanor for a first offense, and a Class A misdemeanor for a second or subsequent offense.
(3) Violation of ORS 632.625 is a Class C misdemeanor.
(4) Violation of any provision of ORS 632.705 to 632.815 is a Class D violation for a first offense, and a Class B violation for a second or subsequent offense.
(5) Violation of any provision of ORS 632.900 to 632.985 or of any rule adopted under ORS 632.900 to 632.985 is a Class B misdemeanor for a first offense, and a Class A misdemeanor for a second or subsequent offense. [Amended by 1955 c.363 §13; 1955 c.711 §15; subsection (2) of 1955 Replacement Part enacted as 1955 c.363 §15; subsection (3) enacted as 1955 c.711 §16; 1975 c.748 §18a; 1997 c.410 §4; 1999 c.1051 §212; 2003 c.14 §381; 2009 c.175 §2; 2011 c.597 §255; 2013 c.120 §5; 2019 c.108 §5]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 632 - Production, Grading and Labeling Standards for Agricultural and Horticultural Products › Section 632.995 - Civil penalties; rules; hearing; disposition of moneys.

(1) In addition to any penalty available under ORS 561.190 or 632.990, the State Department of Agriculture may impose a civil penalty for a violation of ORS 632.275 to 632.290, 632.450 to 632.490, 632.625, 632.705 to 632.815 or 632.900 to 632.985 or of rules adopted under ORS 632.275 to 632.290, 632.450 to 632.490, 632.625, 632.705 to 632.815 or 632.900 to 632.985. For the purposes of this section, each day a violation continues after the period of time established for compliance shall be considered a separate violation unless the department finds that a different period of time is more appropriate to describe a specific violation event.
(2) The department may adopt rules establishing a schedule of civil penalties that may be imposed under this section. Civil penalties imposed under this section may not exceed $10,000 for each violation.
(3) When the department imposes a civil penalty under subsection (1) of this section, the department shall impose the penalty in the manner provided by ORS 183.745, except that the written application for a hearing must be received by the department no later than 10 days after the date of mailing or personal service of the notice of civil penalty.
(4) Moneys received by the department from civil penalties imposed under this section shall be deposited in the General Fund to the credit of the Department of Agriculture Account. [2009 c.175 §24; 2013 c.120 §6; 2019 c.108 §6]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 633 - Grades, Standards and Labels for Feeds, Soil Enhancers and Seeds › Section 633.015 - Registration of commercial feed required; rules; exemption; fee.

(1) A person may not distribute a nonregistered commercial feed. Except as provided in subsections (2), (5) and (6) of this section, every brand, and each formula or formulation thereof, of commercial feeds manufactured, compounded, delivered or distributed in this state must be registered with the State Department of Agriculture. The distributor must submit an application for registration on forms furnished by the department. If the department so requests, the distributor must submit the label or a facsimile of the label and other printed matter describing the product. Upon approval by the department, a certificate of registration shall be furnished to the distributor. All registrations expire on December 31 of each year or on such date as may be specified by department rule. The application must include the information required by ORS 633.026 (1)(a) to (f) and such other information as the department may require.
(2) A distributor is not required to register any brand of commercial feed that has been registered under ORS 633.006 to 633.089 by another person.
(3) Changes in the guarantee of either chemical or ingredient composition of a registered commercial feed may be permitted, if there is satisfactory evidence that such changes would not result in a lowering of the feeding value of the product for the purpose for which designed.
(4) The department may refuse registration of any commercial feed if the application is not in compliance with the provisions of ORS 633.006 to 633.089. The department may cancel any registration subsequently found not to be in compliance with any provision of ORS 633.006 to 633.089. The department shall give the registrant reasonable opportunity to be heard before the department and to amend the application in order to comply with the requirements of ORS 633.006 to 633.089.
(5) Custom mixed feeds are exempt from registration.
(6) Wild bird feed consisting of unmixed seeds is exempt from registration.
(7) Each application for registration must be accompanied by a fee to be established by the department not to exceed $60 for each formula or formulation of commercial feed under each brand. [1961 c.314 §2; 1967 c.591 §3; 1971 c.489 §1; 2001 c.137 §5; 2007 c.71 §192; 2007 c.282 §2; 2007 c.768 §36; 2021 c.565 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 633 - Grades, Standards and Labels for Feeds, Soil Enhancers and Seeds › Section 633.026 - Labeling requirements for commercial feed; exemptions; rules.

(1) Except as provided in subsection (3) of this section, commercial feed must have a label bearing the following information:
(a) The product name and the brand name, if any, under which the feed is distributed.
(b) The guaranteed analysis stated in such terms as the State Department of Agriculture, by rule, determines are required to advise the user of the composition of the feed or to support claims made in the labeling. The substances or elements of the feed must be determinable by laboratory methods approved by department rule. In approving laboratory methods, the department may consider methods listed in publications of AOAC International, formerly the Association of Official Analytical Chemists.
(c) The common or usual name of each ingredient used in the manufacture of the feed. The department, by rule, may permit the use of a collective term for a group of ingredients that perform a similar function. The department, by rule, may exempt a commercial feed or any group of feeds from the ingredient statement requirement if the department determines that a statement is not required to protect the interests of consumers.
(d) Adequate directions for use if the feed contains drugs or if the department, by rule, determines that directions are necessary for safe and effective use.
(e) Precautionary statements that the department, by rule, determines to be necessary for safe and effective use of the feed.
(f) The name and principal mailing address of the manufacturer or the distributor.
(g) A quantity statement.
(2) A person that distributes commercial feed in bags or other containers shall ensure that the label required by this section is placed on or affixed to the container. If the feed is distributed in bulk, the distributor shall ensure that the label accompanies the delivery and is furnished to the purchaser upon delivery.
(3) Subsections (1) and (2) of this section do not apply to:
(a) Custom mixed feed.
(b) Wild bird feed consisting of unmixed seeds.
(c) A commercial feed that does not contain a drug and is distributed by filling, in the presence of the purchaser, from retail bins or other retail bulk display containers that are labeled as required under this section. [2001 c.137 §2; 2007 c.282 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 633 - Grades, Standards and Labels for Feeds, Soil Enhancers and Seeds › Section 633.028 - Information required to accompany custom mixed feed; rules; records.

(1) A custom mixed feed delivered to a final consumer must be accompanied by at least one label, invoice, delivery slip or other shipping document that bears all of the following information:
(a) The name and principal mailing address of the manufacturer.
(b) The name and address of the final consumer.
(c) The date of delivery.
(d) The quantity delivered.
(e) Adequate directions for use if the custom mixed feed contains drugs or if the State Department of Agriculture, by rule, determines that directions are necessary for safe and effective use of the feed.
(2) If the custom mixed feed contains drugs, the label, invoice, delivery slip or other shipping document referred to in subsection (1) of this section must bear the following information in addition to the information required under subsection (1) of this section:
(a) A statement of the claimed purpose of the drugs;
(b) The established name of each active drug ingredient; and
(c) The level of each drug used in the final mixture.
(3) If a custom mixed feed is delivered to a final consumer in bags or other containers, each container must be labeled with the name of the final consumer or with the order number. If a custom mixed feed is delivered in bulk, the name of the final consumer or the order number must be printed on each delivery ticket or on a label attached to each delivery ticket.
(4) A person that distributes a custom mixed feed to a final consumer shall ensure that all labels, invoices, delivery tickets or other shipping documents required by this section accompany the custom mixed feed.
(5) Upon request, a distributor shall provide a final consumer with the information required by this section, including but not limited to the name and number of pounds of each ingredient or commercial feed used in the custom mixed feed. A seller shall maintain records adequate to derive the information required by this subsection for two years from the date of sale. The department may inspect records required under this subsection and any unsold quantities of custom mixed feed during the seller’s regular business hours. [2001 c.137 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 633 - Grades, Standards and Labels for Feeds, Soil Enhancers and Seeds › Section 633.029 - License required for animal feed manufacturers and distributors; fee; exemption; rules.

(1)(a) A person may not operate an animal feed manufacturing plant, distribute commercial feeds other than at retail, be furnished a certificate of registration of a brand in this state, distribute a custom mixed feed manufactured for that person, or repackage or relabel a commercial feed manufactured by another person without having first obtained a license from the State Department of Agriculture. Application for license must be on forms prescribed by the department and must be accompanied by a license fee established by the department, not to exceed $1,000. All licenses shall expire on December 31 of each year or on such date as may be specified by department rule.
(b) In accordance with the provisions of ORS chapter 183, the department may promulgate rules designating different license fees for various categories of persons described in paragraph (a) of this subsection, so as to recognize differences in types of activities or volumes of business.
(2)(a) A contract feeder is not subject to the provisions of subsection (1) of this section, provided no drugs in any form are utilized in the manufacturing, mixing or processing of the feed. In the event drugs are so utilized, the contract feeder or other person utilizing the drugs is subject to the provisions of subsection (1) of this section.
(b) In accordance with the applicable provisions of ORS chapter 183, the department shall promulgate rules designating the types or categories of persons described in paragraph (a) of this subsection to whom this section applies. In promulgating such rules, the department shall consider:
(A) The methods of manufacture, mixing or processing of feed used;
(B) The quantities and kinds of drugs used; and
(C) The number, ages and kinds of animals to which the feed is to be made available. [1971 c.489 §7; 1973 c.342 §3; 1979 c.116 §3; 2001 c.137 §6; 2007 c.768 §37; 2021 c.565 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 633 - Grades, Standards and Labels for Feeds, Soil Enhancers and Seeds › Section 633.037 - Records required of licensees; records inspection by department.

A person or contract feeder who manufactures, mixes or processes feeds in which drugs have been used so that the person or contract feeder is not exempt from the provisions of ORS 633.029, shall maintain an accurate record for at least one year from the date the drugs were so used showing the name or identity of each drug so used and its level of usage. The State Department of Agriculture is authorized to inspect the records of such persons to insure compliance with ORS 633.029 and this section. [1967 c.591 §6a; 1973 c.342 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 633 - Grades, Standards and Labels for Feeds, Soil Enhancers and Seeds › Section 633.045 - Adulterated commercial feeds prohibited; rules.

A person may not distribute an adulterated commercial feed. A commercial feed is adulterated:
(1) If any poisonous, deleterious or nonnutritive ingredient is present in the feed in sufficient amount to render the feed injurious to health when fed in accordance with directions for use shown on the label.
(2) If any valuable constituent has been in whole or in part omitted or abstracted from the feed or any less valuable substance substituted for a valuable constituent.
(3) If the composition or quality of the feed falls below or differs from the composition or quality purported or represented on the feed labeling.
(4) If the feed contains added hulls, screenings, refuse screenings, straw, cobs or other high fiber material, unless the name of each material is stated on the label.
(5) If the feed contains pesticide residues or other chemicals in excess of amounts that, by rule, the State Department of Agriculture declares safe for feeding purposes. In adopting rules under this subsection the department may take into consideration the commonly permitted amounts of chemicals authorized by:
(a) The United States and other states.
(b) Other recognized agencies or organizations experienced in the chemical field.
(6) If the feed contains a drug other than those permitted by rules adopted by the department. In adopting rules under this subsection, the department shall consider the current good manufacturing practice regulations for medicated feed premixes and for medicated feeds established under authority of the Federal Food, Drug and Cosmetic Act.
(7) If the feed is wild bird feed and contains viable noxious weed seeds in excess of amounts established by the department by rule. [1961 c.314 §5; 1971 c.489 §3; 2007 c.282 §4]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 633 - Grades, Standards and Labels for Feeds, Soil Enhancers and Seeds › Section 633.055 - Misbranding commercial feed prohibited; rules.

A person may not distribute misbranded commercial feed. A commercial feed is misbranded:
(1) If its labeling is false or misleading in any particular.
(2) If it is distributed under the name of another feed.
(3) If it is not labeled as required by ORS 633.026 and by rules adopted pursuant to ORS 633.006 to 633.089.
(4) If it purports to be or is represented as a feed ingredient or as containing a feed ingredient, unless that feed ingredient conforms to the definition of identity, if any, prescribed by rule of the State Department of Agriculture. In adopting rules under this subsection, the department may take into consideration the commonly accepted definitions approved or authorized by:
(a) The United States and other states.
(b) Other recognized agencies or organizations experienced in such matters, such as the Association of American Feed Control Officials.
(5) If any word, statement or other information required by ORS 633.006 to 633.089 or by rule of the department to appear on the label is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs or devices in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use. [1961 c.314 §6; 2001 c.137 §7; 2007 c.71 §193]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 633 - Grades, Standards and Labels for Feeds, Soil Enhancers and Seeds › Section 633.065 - Department to test commercial feeds.

(1) It shall be the duty of the State Department of Agriculture to sample, inspect, make analyses of, and test commercial feeds distributed within this state, at such times and places and to such an extent as may be necessary to determine whether or not such feeds are in compliance with the provisions of ORS 633.006 to 633.089. The department is authorized to enter upon any public or private premises, including any vehicle of transport, during regular business hours, in order to have access to commercial feeds and to records relating to their distribution.
(2) The methods of sampling and analysis shall be those adopted by the department. In adopting such methods, the department may take into consideration:
(a) The methods scientifically developed and described in recognized official publications such as the Journal of the Association of Official Agricultural Chemists.
(b) The methods approved by the United States, other states and other recognized agencies or organizations experienced in such matters.
(3) In determining for administrative purposes whether or not a commercial feed is deficient in any component, the department shall be guided solely by the official sample as defined in ORS 633.006 and obtained and analyzed as provided by subsection (2) of this section.
(4) When inspection and analysis of an official sample indicate that a commercial feed has been adulterated or misbranded, the results of analysis shall be forwarded by the department to the registrant. Upon request, within 30 days, the department shall furnish to the registrant a portion of the sample analyzed.
(5) The department may take investigational samples that may be examined otherwise than by the official method required by this section. For administrative purposes, only samples taken as directed by subsection (3) of this section may be used. [1961 c.314 §7; 1967 c.591 §4; 2001 c.104 §247; 2001 c.137 §8; 2007 c.71 §194]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 633 - Grades, Standards and Labels for Feeds, Soil Enhancers and Seeds › Section 633.067 - Commercial feed law administration and enforcement; rules.

The State Department of Agriculture may promulgate such rules and regulations for commercial feeds as are necessary for the administration and enforcement of ORS 633.006 to 633.089 and 633.992, including but not limited to additional definitions, licensing requirements, registration and license fee requirements, labeling requirements, inspection and enforcement procedures, testing and analysis procedures, and enforcement of federal commercial feed programs under agreement with federal agencies. [1971 c.489 §6]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 633 - Grades, Standards and Labels for Feeds, Soil Enhancers and Seeds › Section 633.077 - Testing and analysis of bulk commercial feed and custom mixed feed; disclosure of test or analysis results.

(1) The State Department of Agriculture shall establish and maintain a procedure, plan and system whereby a farmer, contract feeder or other person actually feeding bulk commercial feed or custom mixed feed to animals may request the department to sample and provide special official testing and analysis of such feeds. It is the purpose and intent of this section that the department desires to make its personnel, facilities and laboratories available to such persons and to determine if such feeds are in compliance with the provisions of ORS 633.006 to 633.089 or for any other purpose that the department may determine is reasonable and necessary.
(2) The department may provide for the obtaining, handling and testing of samples of bulk commercial feed and custom mixed feed as provided in subsection (1) of this section, including split sampling thereof with portions of each sample being made available to the seller and to the contract feeder or person feeding the feed to animals. Copies of the final results of the tests or analysis, which shall not be a public record, shall be made available only to the seller and to the contract feeder or person feeding the feed to animals. [1967 c.591 §8; 2007 c.71 §195]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 633 - Grades, Standards and Labels for Feeds, Soil Enhancers and Seeds › Section 633.083 - Cooperation with governmental units.

The State Department of Agriculture may cooperate with and enter into contracts and agreements with governmental agencies of this state, other states, the federal government, county governments of this state or municipalities in this state, in connection with the administration of ORS 633.006 to 633.089 and 633.992 and of the provisions of federal laws or regulations relating to the operation of animal feed manufacturing plants in Oregon. [1971 c.489 §8]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 633 - Grades, Standards and Labels for Feeds, Soil Enhancers and Seeds › Section 633.088 - Withdrawal from distribution of feeds sold or distributed in violation of law; seizure of noncomplying feeds.

(1) When the State Department of Agriculture has reasonable cause to believe any quantity or lot of commercial feed is being sold or distributed in violation of ORS 633.006 to 633.089 or rules promulgated thereunder, it may, in accordance with ORS 561.605 and 561.620, issue and enforce a written withdrawal from distribution order, directing the distributor thereof not to dispose of the quantity or lot of commercial feed in any manner until written permission is first given by the department. The department shall release the quantity or lot of commercial feed so withdrawn when said law and rules have been complied with.
(2) Any quantity or lot of commercial feed found by the department not to be in compliance with ORS 633.006 to 633.089 or rules promulgated thereunder, may be seized by the department in accordance with the provisions of ORS 561.605 to 561.620. [1971 c.489 §9; 2007 c.71 §196]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 633 - Grades, Standards and Labels for Feeds, Soil Enhancers and Seeds › Section 633.089 - Disposition of moneys received by department.

The State Department of Agriculture shall deposit all fees paid to it under the provisions of ORS 633.006 to 633.089 in the Department of Agriculture Service Fund. Such fees are continuously appropriated to the department for the purpose of administering and enforcing such sections. [1967 c.591 §7; 1979 c.499 §30]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 633 - Grades, Standards and Labels for Feeds, Soil Enhancers and Seeds › Section 633.315 - Applicability of ORS 633.311 to 633.479 and 633.994.

ORS 633.311 to 633.479 and 633.994 apply only to the extent that they are consistent with ORS chapter 634. The provisions of ORS 633.311 to 633.479 and 633.994 do not supersede the provisions of ORS chapter 634. [2001 c.914 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 633 - Grades, Standards and Labels for Feeds, Soil Enhancers and Seeds › Section 633.318 - Licensing of manufacturers and bulk distributors; application; fee; change of location; rules.

(1) A manufacturer-bulk distributor license issued by the State Department of Agriculture is required for manufacturers or bulk distributors of registered or custom mixed fertilizer, agricultural amendment, agricultural mineral or lime products. A license is required for any business entity described by either or both of the following conditions:
(a) Each out-of-state or in-state business entity that distributes fertilizer, agricultural amendment, agricultural mineral or lime in bulk.
(b) Each in-state business entity that manufactures any fertilizer, agricultural amendment, agricultural mineral or lime product in this state.
(2) An application for a manufacturer-bulk distributor license must be filed on forms provided by the department and must be accompanied by a nonrefundable license fee to be determined by rule, not to exceed $50 for each business entity per year.
(3) An application for a license must include but not be limited to:
(a) The name, physical address and mailing address of the business entity main office and primary contact;
(b) A list of locations that are in operation for more than 90 days during a license period; and
(c) Other information as required by the department to clarify the manufacturer’s or bulk distributor’s activities or location.
(4) A manufacturer-bulk distributor license will expire on December 31 of each year or on such date as may be specified by department rule. A late fee of $25 may be assessed by the department on or after the 30th day following the expiration of a license if the license fee has not been paid by the applicant. The late fee shall be added to the required license fee and must be paid by the applicant before the department may issue a license to the applicant.
(5) Within 30 days, each license holder shall report any change to the department that results in the addition, removal or change of a location. [2001 c.914 §22; 2007 c.768 §38]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 633 - Grades, Standards and Labels for Feeds, Soil Enhancers and Seeds › Section 633.331 - Additional label requirements for lime products.

In addition to the label requirements under ORS 633.321, the label for a lime product must include the following:
(1) The name of the particular form of lime. Forms of lime may include, but are not limited to, burnt lime, dolomite, ground limestone, lime sludge, shells, sugar lime and waste lime.
(2) The guaranteed analysis, stating the following:
(a) The percentage of calcium oxide (CaO) or calcium carbonate (CaCO
3
).
(b) The percentage of magnesium oxide (MgO) or magnesium carbonate (MgCO
3
).
(c) The total neutralizing capacity expressed in terms of calcium carbonate equivalent (CCE).
(d) The percentage of product that will pass, respectively, a 100-mesh, 40-mesh, 20-mesh and 10-mesh sieve. The mesh size declaration may include a declaration of the percentage of product that will pass additional mesh sizes, but the mesh sizes specified in this paragraph must be included in the mesh size declaration.
(e) The lime score.
(f) The maximum moisture content if the moisture content is more than two percent, expressed in whole numbers as follows: "Moisture content does not exceed _____ percent." [2001 c.914 §5; 2009 c.97 §3; 2015 c.514 §6]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 633 - Grades, Standards and Labels for Feeds, Soil Enhancers and Seeds › Section 633.336 - Additional label requirements for agricultural amendment.

In addition to the label requirements under ORS 633.321, the label for an agricultural amendment must include the following:
(1) A guaranteed analysis that contains the name and percentage of each substance intended to induce crop yields or plant growth or to produce any physical, microbial or chemical change in the soil, listed consecutively, followed by the percentage of inert ingredients.
(2) The purpose of the product.
(3) Directions for application. [2001 c.914 §6; 2009 c.97 §4]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 633 - Grades, Standards and Labels for Feeds, Soil Enhancers and Seeds › Section 633.341 - Additional label requirements for agricultural mineral.

In addition to the label requirements under ORS 633.321, the label for an agricultural mineral must include the following:
(1) The percentage of calcium sulfate, expressed as CaSO
4
•2H
2
O or CaSO
4
, if the product is gypsum or plaster or is an agricultural mineral in which calcium sulfate is the principal ingredient.
(2) The percentage of all ingredients contained in the product, in terms prescribed by the State Department of Agriculture, for all other agricultural minerals or mixtures of agricultural minerals with a principal ingredient other than calcium sulfate. [2001 c.914 §7; 2009 c.97 §5; 2015 c.514 §7]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 633 - Grades, Standards and Labels for Feeds, Soil Enhancers and Seeds › Section 633.344 - Label guarantees of additional plant nutrients.

In addition to the guarantees of plant nutrients required by ORS 633.321, label guarantees of other plant nutrients may be made from a list approved by the State Department of Agriculture. [2001 c.914 §8]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 633 - Grades, Standards and Labels for Feeds, Soil Enhancers and Seeds › Section 633.364 - Confidentiality of certain information supplied in application for registration; permissible use of information.

(1) Information required under ORS 633.362 (2)(f) and (g) and (6) is exempt from disclosure under ORS 192.311 to 192.478. The State Department of Agriculture may not divulge any information provided to the department in accordance with ORS 633.362 (2)(f) and (g) and (6).
(2) Notwithstanding subsection (1) of this section, the department may use the information required under ORS 633.311 to 633.479 for any administrative or enforcement action the department deems necessary. In addition, the department may:
(a) Accumulate and publish statistics from semiannual tonnage reports required by ORS 633.462 in a manner that does not divulge the business operations of the person submitting a report;
(b) Consult with the Department of Environmental Quality or other state or federal agencies in regard to information provided under ORS 633.362 (2)(f) and (g) to ensure compliance with applicable regulations; and
(c) Disclose data required under ORS 633.362 (6) to experts for the purpose of evaluating product data submitted in support of registration. [2001 c.914 §23; 2009 c.97 §8; 2015 c.514 §9]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 633 - Grades, Standards and Labels for Feeds, Soil Enhancers and Seeds › Section 633.371 - Disposition of revenues.

The State Department of Agriculture shall deposit revenues received under ORS 633.311 to 633.479 and 633.994 in the Department of Agriculture Service Fund. The revenues deposited under this section are continuously appropriated to the department for the purpose of administering and enforcing ORS 633.311 to 633.479 and 633.994. [2001 c.914 §11; 2009 c.97 §10]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 633 - Grades, Standards and Labels for Feeds, Soil Enhancers and Seeds › Section 633.385 - Department access; inspection; sampling of products.

(1) The State Department of Agriculture shall have access at reasonable times to records, premises, materials or conveyances as necessary for the purpose of administering and enforcing ORS 633.311 to 633.479 and 633.994.
(2) The department may inspect the records, premises, materials or conveyances of the manufacturer, distributor or registrant and may take samples of any fertilizer, agricultural amendment, agricultural mineral or lime product or other substance manufactured, distributed or registered in this state, or samples of other substances, as the department deems necessary for the purpose of administering and enforcing ORS 633.311 to 633.479 and 633.994.
(3) All sampling and analyses of fertilizer, agricultural amendment, agricultural mineral and lime products, or of other substances, shall be made according to methods approved by the department.
(4) The department may obtain a warrant or subpoena to allow the entry, inspection, sampling or other purposes related to the administration and enforcement of ORS 633.311 to 633.479 and 633.994. [2001 c.914 §13; 2009 c.97 §11]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 633 - Grades, Standards and Labels for Feeds, Soil Enhancers and Seeds › Section 633.388 - Reports of official sample.

(1) A report of official sample, signed and acknowledged by a chemist employed by the State Department of Agriculture, other state agency or laboratory facility designated by the department, relating to the analysis of any fertilizer, agricultural amendment, agricultural mineral or lime product is prima facie evidence that the sample identified in the report of official sample was properly analyzed and that the substance analyzed contained the constituent parts stated in the report of official sample.
(2) A report of official sample, signed and acknowledged by the department, relating to the sampling of any product is prima facie evidence that the sample identified was taken from parcels, containers or lots identified in the official request for analysis. [2001 c.914 §12]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 633 - Grades, Standards and Labels for Feeds, Soil Enhancers and Seeds › Section 633.441 - Rules.

In accordance with the applicable provisions of ORS chapter 183, the State Department of Agriculture may adopt rules necessary to implement, administer and enforce ORS 633.311 to 633.479 and 633.994, including but not limited to rules for:
(1) Fertilizer, agricultural amendment, agricultural mineral and lime product:
(a) Handling;
(b) Sampling;
(c) Storage;
(d) Labeling;
(e) Distribution;
(f) Definitions;
(g) Analysis;
(h) Records;
(i) Use;
(j) Minimum percentages;
(k) Investigational allowances; and
(L) Ingredients.
(2) Public access to product information of any fertilizer, agricultural amendment, agricultural mineral or lime product. [2001 c.914 §15]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 633 - Grades, Standards and Labels for Feeds, Soil Enhancers and Seeds › Section 633.445 - Orders preventing sale or other disposition of product; seizure.

(1) When the State Department of Agriculture has reasonable cause to believe any quantity or lot of fertilizer, agricultural amendment, agricultural mineral or lime product is stored, used or distributed in violation of ORS 633.311 to 633.479 or rules adopted under ORS 633.311 to 633.479, the department may, in accordance with ORS 561.605 to 561.620, issue and enforce a stop sale, use or removal order prohibiting the disposal, distribution, use or removal of the quantity or lot of product in any manner. The distributor must immediately remove from locations readily visible or accessible to the public any product in packaged form that the department places under a stop sale, use or removal order. The department may enforce the order until all actions against the order, including any contested case, are resolved or until the department gives written permission releasing the product for disposal, distribution, use or removal. The department shall give written permission releasing the product when ORS 633.311 to 633.479 and the rules adopted under ORS 633.311 to 633.479 are complied with.
(2) In accordance with ORS 561.605 to 561.620, the department may seize any quantity or lot of product that the department determines does not comply with ORS 633.311 to 633.479. [2001 c.914 §14; 2009 c.97 §12]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 633 - Grades, Standards and Labels for Feeds, Soil Enhancers and Seeds › Section 633.462 - Tonnage reports; records; fee; penalty.

(1) A person shall file a semiannual tonnage report with the State Department of Agriculture if the person:
(a) Distributes into this state, from foreign or domestic sources, a fertilizer, agricultural amendment, agricultural mineral or lime product used as an ingredient in the in-state manufacture of a fertilizer, agricultural amendment, agricultural mineral or lime product;
(b) Distributes into this state, from foreign or domestic sources, an end-use fertilizer, agricultural amendment, agricultural mineral or lime product for use within this state; or
(c) Distributes into this state a fertilizer, agricultural amendment, agricultural mineral or lime product composed of ingredients not described under paragraph (a) or (b) of this subsection.
(2) If a person engaged in the business of making distributions described in subsection (1) of this section does not distribute any fertilizer, agricultural amendment, agricultural mineral or lime product into or within this state during a reporting period, the person shall file a semiannual tonnage report declaring that no distribution occurred.
(3) A person shall file a semiannual tonnage report required under this section with the department, on forms provided by the department, setting forth the total tonnage of each product distributed into or within this state during the reporting period. The reporting periods for each year are January 1 through June 30 and July 1 through December 31.
(4) Semiannual tonnage reports and inspection fees imposed under ORS 633.465 are due within 30 days after the end of the reporting period. If a person fails to file a semiannual tonnage report or pay an inspection fee on or before the due date:
(a) The department may assess a collection fee of 10 percent of the amount due or $25, whichever is greater; and
(b) Notwithstanding ORS 633.362, the department may suspend or deny registration of the product until the report is filed and the fee is paid.
(5) ORS 561.450 applies to a person who refuses to pay inspection fees that are due under this section.
(6) A person required to file a semiannual tonnage report under this section shall maintain records and a bookkeeping system that accurately indicate the tonnage of fertilizer, agricultural amendment, agricultural mineral or lime product that is subject to inspection fees. The person shall maintain the records for a period of three years. [2015 c.514 §2]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 633 - Grades, Standards and Labels for Feeds, Soil Enhancers and Seeds › Section 633.465 - Inspection fees; disposition; rules.

(1) Except as provided in subsection (2) of this section, a person required to file a semiannual tonnage report under ORS 633.462 shall pay the State Department of Agriculture an inspection fee in an amount established by rule:
(a) Not to exceed $0.45 for each ton of fertilizer, agricultural amendment or agricultural mineral product distributed, of which not more than $0.25 may be expended for funding grants as provided in subsection (3) of this section.
(b) Not to exceed $0.05 for each ton of gypsum or of an agricultural mineral with a principal ingredient of calcium sulfate (CaSO
4
•2H
2
O or CaSO
4
) distributed.
(c) Not to exceed $0.05 for each ton of lime product distributed, of which not more than $0.025 may be expended for funding grants as provided in subsection (3) of this section.
(2) If the total amount that would be due from a person under subsection (1) of this section for inspection fees is less than $15, the person shall pay $15.
(3) After being advised by the Fertilizer Research Committee created in ORS 633.479, the department may use amounts made available under subsection (1)(a) and (c) of this section to fund grants for research and development related to the interaction of fertilizer, agricultural amendment, agricultural mineral or lime products and ground water or surface water.
(4) The department may not assess inspection fees on any fertilizer, agricultural amendment, agricultural mineral or lime product in commercial transit that is not intended for use or final distribution in this state.
(5) If there are duplicate inspection fee payments, an application made for a refund must be on forms provided by the department and submitted to the department within 180 days of the alleged overpayment. [2015 c.514 §3]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 633 - Grades, Standards and Labels for Feeds, Soil Enhancers and Seeds › Section 633.476 - Record keeping for custom mix products; product identification; records inspection.

(1) A person mixing or distributing a custom mix of fertilizer, agricultural amendment, agricultural mineral or lime products shall keep for a period of at least three years after mixing a record showing:
(a) The name and address of the purchaser;
(b) The date of mixing;
(c) A unique identifier for each mixture;
(d) The guarantees and information required under ORS 633.321 to 633.341; and
(e) Any other information required by the State Department of Agriculture.
(2) Undistributed parts of a custom mixture or batch shall at all times be identified with the purchaser’s unique identifier.
(3) The person mixing or distributing the custom mix shall make the records required by this section available for inspection during normal business hours by the purchaser or the department. [2001 c.914 §21; 2009 c.97 §15]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 633 - Grades, Standards and Labels for Feeds, Soil Enhancers and Seeds › Section 633.479 - Fertilizer Research Committee.

(1) There is created the Fertilizer Research Committee to advise the Director of Agriculture on the funding of grants for research and development related to the interaction of fertilizer, agricultural amendment or agricultural mineral products and ground water or surface water. The committee shall consist of the director or the director’s designee and six members appointed by the director as follows:
(a) Two members of the public who have no involvement in the manufacture or distribution of fertilizer, agricultural amendment or agricultural mineral products;
(b) Three members representing the fertilizer, agricultural amendment or agricultural mineral industry; and
(c) One member representing Oregon State University.
(2) The term of each appointed member is two years, but a member serves at the pleasure of the director. Before the expiration of the term of a member, the director shall appoint a successor whose term begins on January 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the director shall make an appointment to become immediately effective for the unexpired term.
(3) The committee shall select one of its members as chairperson and another as vice chairperson, for such terms and with duties and powers the committee determines to be necessary for the performance of the functions of those offices.
(4) A majority of the members of the committee constitutes a quorum for the transaction of business.
(5) The committee shall meet at times and places specified by the call of the chairperson or of a majority of the members of the committee.
(6) The director may appoint an alternate committee member for each member of the committee. [2001 c.914 §19; 2009 c.97 §16]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 633 - Grades, Standards and Labels for Feeds, Soil Enhancers and Seeds › Section 633.487 - Definitions for ORS 633.487 to 633.491.

As used in ORS 633.487 to 633.491:
(1) "Anhydrous ammonia":
(a) Means a liquid or gaseous inorganic compound that is formed by the chemical combination of nitrogen and hydrogen in the molar proportion of one part nitrogen to three parts hydrogen.
(b) Does not mean ammonium hydroxide.
(2) "Distributor" means a person that imports, consigns, sells, offers for sale, barters, exchanges or otherwise facilitates the supply of anhydrous ammonia to a user in this state.
(3) "Nontoxic dye" means a biodegradable, clear liquid product that causes staining when exposed to air.
(4) "Other additive" means a product other than a nontoxic dye that, when put in tanks containing anhydrous ammonia, renders the anhydrous ammonia nonreactive, unusable or undesirable for use as a precursor substance in the manufacture of methamphetamine.
(5) "User" means a person that applies anhydrous ammonia as a plant nutrient in the course of engaging in agricultural activity in this state. [Formerly 561.750]
Note:
633.487 to 633.491 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 633 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 633 - Grades, Standards and Labels for Feeds, Soil Enhancers and Seeds › Section 633.489 - Certification of dyes or other additives; rules.

(1) The State Department of Agriculture, by rule and in consultation with the Department of State Police, shall certify each brand of nontoxic dye or other additive that a distributor or user may add to anhydrous ammonia.
(2) In accordance with applicable provisions of ORS chapter 183, the State Department of Agriculture shall adopt rules establishing standards to be used in making certifications under this section and for the administration of ORS 633.491. In establishing the standards, the State Department of Agriculture shall consult with the Anhydrous Ammonia Additive Review Committee established under ORS 633.491. [Formerly 561.755]
Note:
See note under 633.487.