reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.147 - Department audit of books and records of licensees; suspension of license for failure to submit to audit.

(1) The State Department of Agriculture is authorized to audit the books and records of applicants or licensees, as it deems necessary, in order to insure compliance with ORS 571.057. Such audit may be made at the applicant’s or licensee’s place of business during normal business hours, upon three days’ notice from the department.
(2) Notwithstanding the provisions of ORS chapter 183, failure by a licensee to allow such audit shall automatically suspend the license of the licensee until the audit is performed and any additional fee and penalty found to be due is paid to the department. [1971 c.756 §7]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.160 - General prohibition.

No person, individually or acting for another person, such as an official or employee acting for a corporation, shall violate ORS 564.040, 564.991, 571.005 to 571.230 and 571.991. [1963 c.461 §27]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.170 - Substitution or transportation of uninspected nursery stock prohibited.

No person shall:
(1) Substitute other nursery stock for nursery stock covered by an inspection certificate.
(2) Transport or accept for transportation nursery stock that does not carry the official inspection tag authorized by the State Department of Agriculture. [1963 c.461 §18]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.180 - Misrepresentation of nursery stock by grower, dealer or agent prohibited; tag or label required on fruit trees.

(1) No grower, dealer or agent shall:
(a) Sell nursery stock representing it to be a name, age or variety different from what the nursery stock actually is.
(b) Represent that any nursery stock is a new variety, when in fact it is a standard variety and has been given a new name.
(c) Sell or represent cormels as corms or bulblets as bulbs.
(2) In addition to the provisions of ORS 632.450 to 632.490 and 632.900 to 632.985, all other laws relating to labeling and the provisions of subsection (1) of this section, the grower, dealer or agent shall attach to every bundle of fruit-bearing trees sold or shipped within this state a tag or label specifying the name of the variety of trees contained therein. If the bundle shall contain trees of different varieties, such label or tag shall be attached to each tree or group of trees of the same variety. The purchaser of any fruit-bearing tree or trees not true to name as specified on such tag or label, shall have a remedy at law in a civil action to recover the damages sustained. Such action may be brought at any time prior to the third bearing year. [1963 c.461 §19; 2001 c.104 §232]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.190 - Knowingly selling, advertising or displaying damaged, misrepresented or mislabeled nursery stock prohibited.

No person shall knowingly offer to sell, advertise or display nursery stock:
(1) That is dead, in a dying condition, seriously broken, desiccated, frozen or damaged by freezing, or materially damaged in any way.
(2) By any methods which have the capacity and tendency or effect of deceiving any purchaser or prospective purchaser as to the quantity, size, grade, kind, species, name, age, variety, maturity, condition, vigor, hardiness, number of times transplanted, growth ability, growth characteristics, rate of growth or time required before flowering or fruiting, price, origin or place where grown, or in any other material respect.
(3) That fails to meet the grade with which it is labeled.
(4) By making other false or fraudulent representations in connection with the sale of nursery stock. [1963 c.461 §20]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.200 - Knowingly offering to sell, moving or storing infected or infested nursery stock prohibited.

(1)(a) No person shall knowingly offer to sell nursery stock that is infected or infested.
(b) Unless the nursery 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 nursery stock that is infected or infested.
(c) Any infected or infested nursery 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 nursery 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 nursery stock or any product or properties. [1963 c.461 §§21,22; 1985 c.565 §84a]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.210 - Hold order on defective nursery stock; condemnation.

(1) When the State Department of Agriculture has cause to presume that any nursery stock will not perform in a normal manner, the officials, employees or inspectors of the department may issue a hold order for a period not to exceed 10 days. No person shall sell or dispose of in any manner such nursery stock within the 10-day period without written permission from the department.
(2) If a person displays or sells nursery stock that is dead, in a dying condition, seriously broken, frozen or damaged by freezing or materially damaged in any way, any officer, employee or inspector of the department may condemn such nursery stock and order it destroyed. [1963 c.461 §23]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.220 - Imported nursery stock to bear certificate of origin; contents.

Nursery stock imported into Oregon must be accompanied by a certificate from the place of origin, signed by an authorized agent or representative of the agency supervising and responsible for carrying out the nursery stock laws of such originating state or country. The certificates shall contain additional information as may be required by the State Department of Agriculture to carry out and enforce the provisions of ORS 564.040, 564.991, 571.005 to 571.230 and 571.991. [1963 c.461 §24]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.230 - Disposition and use of moneys received.

(1) Except for fees paid under ORS 571.057, 571.063 and 571.145 (3), the State Department of Agriculture shall deposit all fees paid to it under ORS 571.005 to 571.230 and 571.991 in the General Fund in the State Treasury to the credit of the Department of Agriculture Account. Such fees are continuously appropriated to the department for the purpose of administering and enforcing ORS 564.040, 564.991, 571.005 to 571.230 and 571.991. The fees paid to the department under ORS 571.057, 571.063 and 571.145 (3) shall be deposited by the State Treasurer in the Department of Agriculture Service Fund, and such funds are continuously appropriated to the department for the purposes of administering and enforcing ORS 571.005 to 571.230 and 571.991.
(2) The amount of revenue generated for nursery research pursuant to ORS 571.057 (3)(c) shall be used by the department only for the purposes set forth in subsection (3) of this section. With the advice of the State Nursery Research and Regulatory Committee, the director shall identify research needs of the Oregon nursery industry and shall obtain services of researchers for the purposes set forth in subsection (3) of this section.
(3) The amounts provided for in ORS 571.057 (3)(c) shall be used in carrying on experimental and research projects and investigations directed toward the prevention and elimination of plant diseases, insect pests and the development and improvement of cultural methods that are beneficial to the nursery industry. [1963 c.461 §25; 1971 c.756 §4; 1979 c.499 §5; 1985 c.659 §2; 1993 c.683 §7]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.250 - Interagency agreement to ensure compliance.

The State Landscape Contractors Board and the State Department of Agriculture shall enter into an interagency agreement to address how the board and the department shall ensure that licensed landscape contracting businesses comply with the provisions of this chapter. [1999 c.535 §3; 2007 c.541 §8]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.252 - Green communities nurseries.

(1) As used in this section, "Oregon nursery" has the meaning given that term in ORS 197.469.
(2) The State Department of Agriculture shall certify an Oregon nursery as a green communities nursery if the nursery:
(a) Has practices in pest and disease management that satisfy standards established by the department;
(b) Materially demonstrates a history of compliance with the rules and other requirements of state and local agencies with oversight regarding workers’ compensation, building codes and occupational safety and health over a period of seven years or the life of the nursery, whichever is shorter;
(c) Materially demonstrates a history of compliance with federal and state wage and hour laws over a period of seven years or the life of the nursery, whichever is shorter; and
(d) Grows and maintains noninvasive nursery stock for the purposes of partnering with communities or public bodies on green infrastructure projects.
(3) An Oregon nursery may apply for certification under this section in the form and manner prescribed by the department. [2023 c.442 §27]
Note:
571.252 was enacted into law by the Legislative Assembly but was 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 571.260 - Short title.

ORS 571.260 to 571.348 shall be known and may be cited as the Oregon Hemp Act. [2018 c.116 §2; 2021 c.542 §19]
Note:
571.260 to 571.348 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 571.263 - Oregon Hemp State Program; rules.

The State Department of Agriculture shall administer an Oregon Hemp State Program for the production, processing and sale of hemp in this state. In carrying out the program, the department:
(1) Shall administer ORS 571.260 to 571.348.
(2)(a) Shall adopt rules to implement a state plan for the production of hemp in accordance with the Agriculture Improvement Act of 2018 (P.L. 115-334) and subsequent federal law. The rules adopted under this subsection must conform to, and not be more restrictive than, the rules related to hemp promulgated by the United States Department of Agriculture.
(b) In adopting rules under this subsection, the State Department of Agriculture shall include public input.
(c) The rules adopted under this subsection may include the adoption by reference of any federal laws, rules, regulations or guidelines, or standards, practices or requirements, related to the production of hemp.
(3) Shall adopt by rule any record keeping and reporting requirements necessary to administer the program.
(4) May purchase, possess, seize or dispose of industrial hemp products or commodities as the department deems necessary to enforce and ensure compliance with ORS 571.260 to 571.348 or department rules relating to ORS 571.260 to 571.348.
(5) May exercise any other power or perform any other function necessary to administer the program. [2018 c.116 §3; 2021 c.542 §20]
Note:
See note under 571.260.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.266 - Exclusion from ORS 571.260 to 571.348.

(1) ORS 571.260 to 571.348 do not apply to the production or storage of homegrown plants in the genus Cannabis within the plant family Cannabaceae at a household by one or more persons 21 years of age or older, if the total amount of homegrown plants at the household does not exceed four plants at any time.
(2) As used in this section, "homegrown" and "household" have the meanings given those terms in ORS 475C.009. [2018 c.116 §20]
Note:
See note under 571.260.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.269 - Definitions for ORS 571.260 to 571.348; rules.

As used in ORS 571.260 to 571.348:
(1) "Adult use cannabinoid" has the meaning given that term in ORS 475C.009.
(2) "Adult use cannabis item" has the meaning given that term in ORS 475C.009.
(3) "Agricultural hemp seed" means Cannabis seed:
(a) That is sold to or intended to be sold to licensed growers for planting; or
(b) That remains in an unprocessed or partially processed condition that is capable of germination.
(4) "Artificially derived cannabinoid" has the meaning given that term in ORS 475C.009.
(5) "Consumption" means ingestion, inhalation or topical application to the skin or hair.
(6) "Crop" means industrial hemp grown under a single license.
(7) "Grower" means a person, joint venture or cooperative that produces industrial hemp.
(8) "Handler" means a person, joint venture or cooperative that receives industrial hemp for processing into commodities, products or agricultural hemp seed and any other activities identified by the State Department of Agriculture by rule.
(9)(a) "Industrial hemp":
(A) Means the plant species Cannabis sativa that has a tetrahydrocannabinol concentration that complies with the concentration specified by the department by rule; and
(B) Has the meaning given that term as it is further defined by the department by rule.
(b) "Industrial hemp" does not mean industrial hemp commodities or products.
(10) "Industrial hemp concentrate" means an industrial hemp product obtained by separating cannabinoids from industrial hemp by:
(a) A mechanical process;
(b) A chemical extraction process using a nonhydrocarbon-based solvent, such as water, vegetable glycerin, vegetable oils, animal fats, isopropyl alcohol or ethanol;
(c) A chemical extraction process using carbon dioxide, provided that the process does not involve the use of high heat or pressure; or
(d) Any other process identified by the department by rule.
(11) "Industrial hemp extract" means an industrial hemp product obtained by separating cannabinoids from industrial hemp by:
(a) A chemical extraction process using a hydrocarbon-based solvent, such as butane, hexane or propane;
(b) A chemical extraction process using carbon dioxide, if the process uses high heat or pressure; or
(c) Any other process identified by the department by rule.
(12) "Licensee" means a grower, handler, agricultural hemp seed producer or other person licensed under ORS 571.281. [Formerly 571.300; 2021 c.542 §§21,21a]
Note:
See note under 571.260.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.272 - Regulation by department; commodities.

(1) Industrial hemp is an agricultural product that is subject to regulation by the State Department of Agriculture.
(2)(a) For purposes of ORS chapter 616, the department may not consider industrial hemp or industrial hemp commodities or products to be an adulterant.
(b) Paragraph (a) of this subsection does not prohibit the department from considering artificially derived cannabinoids to be adulterants. [Formerly 571.303; 2021 c.542 §22]
Note:
See note under 571.260.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.275 - Commission powers regarding industrial hemp; notice.

(1) The Oregon Liquor and Cannabis Commission may purchase, possess, seize or dispose of industrial hemp products or commodities located on a premises licensed under ORS 475C.065, 475C.085, 475C.093, 475C.097 or 475C.548 or other area under the control of the premises licensee as the commission deems necessary to enforce and ensure compliance with:
(a) ORS 475C.005 to 475C.525, 475C.540 to 475C.586 or 475C.600 to 475C.648 or rules adopted by the commission relating to ORS 475C.005 to 475C.525, 475C.540 to 475C.586 or 475C.600 to 475C.648; or
(b) Any provision in ORS 571.260 to 571.348 or in rules adopted by the commission or State Department of Agriculture under ORS 571.260 to 571.348 that makes a requirement, restriction or other provision of ORS 475C.005 to 475C.525, 475C.540 to 475C.586 or 475C.600 to 475C.648 applicable to industrial hemp.
(2) If the commission purchases, possesses, seizes or disposes of industrial hemp products or commodities under this section to enforce or ensure compliance with a provision of ORS 571.260 to 571.348 or rule adopted by the department under ORS 571.260 to 571.348 that makes a requirement, restriction or other provision of ORS 475C.005 to 475C.525, 475C.540 to 475C.586 or 475C.600 to 475C.648 applicable to industrial hemp, the commission shall notify the department of the commission action as soon as practicable. [2018 c.116 §14; 2021 c.351 §286]
Note:
See note under 571.260.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.278 - Industrial Hemp Fund.

There is established in the State Treasury, separate and distinct from the General Fund, the Industrial Hemp Fund. Interest earned by the fund shall be credited to the fund. The fund shall consist of all moneys credited to or deposited in the fund. Moneys in the fund are continuously appropriated to the State Department of Agriculture for the purposes of implementing, administering and enforcing ORS 571.260 to 571.348. [2018 c.116 §30]
Note:
See note under 571.260.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.285 - Revocation or refusal of licensure; rules.

(1) Subject to the provisions of ORS chapter 183, the State Department of Agriculture may revoke a licensee’s license or refuse to issue or renew the license if a licensee violates:
(a) A provision of ORS 571.260 to 571.348;
(b) A rule adopted under a provision of ORS 571.260 to 571.348;
(c) An order issued by the department pursuant to a provision of ORS 571.260 to 571.348 or a rule adopted under a provision of ORS 571.260 to 571.348, including an order of detainment issued under ORS 571.281; or
(d) Any statutory law or department rule related to agricultural activities other than industrial hemp operations.
(2) The department may adopt rules to prohibit a licensee from reapplying for a license under ORS 571.281 for a period of time specified by rule by the department if the licensee violates:
(a) A provision of ORS 571.260 to 571.348;
(b) A rule adopted pursuant to ORS 571.260 to 571.348; or
(c) An order issued by the department pursuant to ORS 571.260 to 571.348 or a rule adopted pursuant to ORS 571.260 to 571.348. [Formerly 571.315; 2021 c.542 §24]
Note:
See note under 571.260.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.287 - Requirement to conduct criminal records check on applicant for grower license.

(1) The State Department of Agriculture shall conduct a criminal records check under ORS 181A.195 on an individual who submits an application for a grower license under ORS 571.281.
(2) For the purpose of requesting a state or nationwide criminal records check, the department may require fingerprints of any individual listed on an application submitted under ORS 571.260 to 571.348, including:
(a) If the applicant is a limited partnership, each partner of the limited partnership;
(b) If the applicant is a limited liability company, each member of the limited liability company;
(c) If the applicant is a corporation, each director and officer of the corporation;
(d) Any individual who is a partner, member, director or officer of an entity with a financial interest in the applicant; and
(e) Other key participants with the applicant, as identified by the department by rule.
(3) ORS 181A.195 (10) does not apply to the department for purposes of conducting a criminal records check under this section. [2021 c.542 §14]
Note:
See note under 571.260.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.289 - Ineligibility for license; grounds for denial, revocation or refusal of license; exception.

(1) Except as provided in subsection (2) of this section:
(a) If a person has been convicted of a felony related to a controlled substance under state or federal law, the person is ineligible for a license under ORS 571.281 to grow hemp issued by the State Department of Agriculture for 10 years following the date of the person’s conviction.
(b) If a licensee or an applicant, or a person related to the applicant as described in ORS 571.287 (2)(e), is convicted of a felony related to a controlled substance under state or federal law, the department may deny, revoke or refuse to renew a grower license under ORS 571.281 during the 10 years following the date of conviction.
(2) This section does not apply to a person who was registered to grow hemp with the department before October 31, 2019. [2021 c.542 §15]
Note:
Section 16, chapter 542, Oregon Laws 2021, provides:
Sec. 16.
Section 15 of this 2021 Act [571.289] applies to convictions entered before, on and after October 31, 2019. [2021 c.542 §16]
Note:
See note under 571.260.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.290 - Industrial hemp propagation.

A grower licensed under ORS 571.281 may use any propagation method, including planting seeds or starts or the use of clones or cuttings, to produce industrial hemp. [Formerly 571.288]
Note:
See note under 571.260.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.291 - Crop location.

A grower shall provide the State Department of Agriculture, in a time, form and manner prescribed by the department, with an accurate description and global positioning system coordinates of the property on which the grower’s crop is or will be located. [Formerly 571.321]
Note:
See note under 571.260.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.294 - Charges for sampling or testing; fee.

The State Department of Agriculture may charge growers and handlers licensed under ORS 571.281 fees reasonably calculated by the department to pay the cost of sampling or testing industrial hemp or industrial hemp commodities or products under ORS 571.330 and 571.333. Moneys from fees charged under this section shall be deposited in the Industrial Hemp Fund established under ORS 571.278. [2018 c.116 §10; 2021 c.542 §26]
Note:
See note under 571.260.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.300

[2009 c.897 §1; 2015 c.503 §1; 2016 c.71 §1; 2017 c.531 §1; 2018 c.116 §27; renumbered 571.269 in 2019]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.305

[2009 c.897 §2; 2015 c.503 §2; 2016 c.71 §2; 2018 c.116 §28; renumbered 571.281 in 2019]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.306 - Transport, receipt of industrial hemp, certain industrial hemp commodities or products.

(1) A person licensed under ORS 571.281 may, within the boundaries of this state, transport to or receive from:
(a) A person licensed under ORS 571.281 or a laboratory licensed under ORS 475C.548 industrial hemp or an industrial hemp commodity that contains no more tetrahydrocannabinol than allowed by the State Department of Agriculture by rule if the industrial hemp or industrial hemp used in the industrial hemp commodity originated from a crop inspected under ORS 571.281 (7) that was found to not contain an average tetrahydrocannabinol concentration exceeding the concentration specified by the department by rule.
(b) A person licensed under ORS 475C.085, 475C.093 or 475C.097 industrial hemp or an industrial hemp commodity or product that contains no more tetrahydrocannabinol than allowed by the Oregon Liquor and Cannabis Commission by rule if the industrial hemp or industrial hemp used in the industrial hemp commodity or product originated from a crop inspected under ORS 571.281 (7) that was found to not contain an average tetrahydrocannabinol concentration exceeding the concentration specified by the department by rule.
(2) Industrial hemp or an industrial hemp commodity or product transported or received as described in this section may not be considered a "marijuana item." [2021 c.542 §16a]
Note:
See note under 571.260.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.309 - Industrial hemp product concentration, serving standards; rules.

The Oregon Liquor and Cannabis Commission, in consultation with the State Department of Agriculture, shall adopt rules to establish:
(1) The maximum concentration of tetrahydrocannabinol permitted in a single serving of an industrial hemp product;
(2) The maximum concentration of any other cannabinoid, adult use cannabinoid or artificially derived cannabinoid that is permitted in a single serving of an industrial hemp product; and
(3) The number of servings that are permitted in a package of industrial hemp products. [2021 c.542 §17]
Note:
See note under 571.260.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.312 - Transfer of industrial hemp commodities and products intended for human consumption; rules.

(1) As used in this section, "industrial hemp commodities and products intended for human consumption" means industrial hemp concentrates, industrial hemp extracts and any other industrial hemp item intended for ingestion or inhalation.
(2) The State Department of Agriculture shall establish by rule requirements for tracking the transfer of industrial hemp commodities and products intended for human consumption. The tracking described in this section may include:
(a) Associating the results from tests performed under ORS 571.330 with the batch of industrial hemp on which the tests were performed; and
(b) Identifying the origin and destination of industrial hemp commodities and products intended for human consumption transferred by a person licensed under ORS 571.281.
(3) Any requirements established by the department pursuant to subsection (2) of this section may require the use of the system developed and maintained under ORS 475C.177. [2021 c.542 §18; 2021 c.542 §18d]
Note:
See note under 571.260.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.316 - Required reporting to department; rules.

(1) The State Department of Agriculture shall adopt rules to require that a grower licensed under ORS 571.281 accurately report to the department:
(a) That the grower does not intend to plant an industrial hemp crop at the location for which a license is issued under ORS 571.281; or
(b) Any loss of all or part of an industrial hemp crop.
(2) The rules adopted under this section must include a timeline for reporting to the department and may include other rules necessary to carry out this section. [2021 c.542 §18a; 2021 c.542 §18e]
Note:
See note under 571.260.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.319 - Destruction, remediation of specified industrial hemp crop; rules.

(1) If the industrial hemp crop of a grower licensed under ORS 571.281 is found to contain an average tetrahydrocannabinol concentration that exceeds the limit described in ORS 571.281 (7) and the State Department of Agriculture requires the grower to destroy or remediate the industrial hemp crop, the grower shall provide documentation to the department of the destruction or remediation.
(2) The department shall adopt rules to carry out this section, including rules to specify acceptable documentation for purposes of subsection (1) of this section and timelines for providing the documentation to the department. [2021 c.542 §18b; 2021 c.542 §18f]
Note:
See note under 571.260.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.322 - Planting of industrial hemp crop, commitment of violation as grounds for refusal to issue license; corrective action plan; rules.

(1)(a) Except as provided in paragraph (b) of this subsection, if a person plants an industrial hemp crop or commits a violation of ORS 571.260 to 571.348 prior to applying for a grower license under ORS 571.281, the State Department of Agriculture shall refuse to issue a license to the person.
(b) If the crop described in paragraph (a) of this subsection is removed and the department determines that the violation is resolved, the person described in paragraph (a) of this subsection may apply for a license under ORS 571.281.
(2) If a person plants an industrial hemp crop or commits a violation of ORS 571.260 to 571.348 prior to being issued a grower license under ORS 571.281, the department shall:
(a)(A) Prioritize the person’s industrial hemp crop for inspection under ORS 571.281 (7), if the person planted the industrial hemp crop as described in this subsection; and
(B) Require the person to enter into a corrective action plan with the department; or
(b) Refuse to issue a license to the person if the department determines that a corrective action plan is insufficient to address the violation.
(3) If the person described in subsection (2) of this section does not enter into a corrective action plan pursuant to subsection (2) of this section, the department may not issue a license to the person under ORS 571.281.
(4) The department may adopt rules to carry out this section, including rules to establish the corrective action plan described in subsection (2) of this section. [2021 c.542 §18c; 2021 c.542 §18g]
Note:
See note under 571.260.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.327 - Hemp seed sales; packaging; rules.

(1) An agricultural hemp seed producer licensed under ORS 571.281:
(a) Must sell agricultural hemp seed in a manner that complies with any standard established by the Director of Agriculture under ORS 633.511 to 633.750; and
(b) May sell agricultural hemp seed only if the agricultural hemp seed meets any packaging or labeling requirement, or any quality standard, adopted by the director under subsection (2) of this section.
(2) The director may adopt rules establishing packaging requirements, labeling requirements and quality standards for agricultural hemp seed.
(3) The State Department of Agriculture shall make available to growers licensed under ORS 571.281 information that identifies agricultural hemp seed producers licensed under ORS 571.281 from whom the growers may purchase agricultural hemp seed. [2016 c.71 §8; 2021 c.542 §28]
Note:
See note under 571.260.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.330 - Laboratory testing; limitation on sales, transfers; rules.

(1)(a) A laboratory licensed by the Oregon Liquor and Cannabis Commission under ORS 475C.548 and accredited by the Oregon Health Authority pursuant to ORS 475C.560 may test industrial hemp and industrial hemp commodities and products whether or not the industrial hemp or industrial hemp commodities or products were produced or processed by a licensee.
(b) An accredited independent testing laboratory that has been approved by the authority or the State Department of Agriculture may test industrial hemp and industrial hemp commodities and products whether or not the industrial hemp or industrial hemp commodities or products were produced or processed by a licensee.
(2) A person may not sell or transfer an industrial hemp commodity or product that is intended for human consumption and that was produced, processed or manufactured in this state unless the commodity or product is tested by a laboratory described in subsection (1) of this section to ensure that the commodity or product meets the requirements adopted by the Oregon Health Authority under ORS 475C.544 (1)(a) and (b) for testing marijuana items and industrial hemp-derived vapor items and ORS 475C.544 (2) for testing cannabinoid edibles.
(3) Industrial hemp commodities or products that are intended for use in an inhalant delivery system, as defined in ORS 431A.175, must meet the requirements of ORS 475C.540 to 475C.586 and 475C.600 to 475C.648 that apply to industrial hemp-derived vapor items as defined in ORS 475C.540 and 475C.600.
(4) For purposes of this section, the department shall adopt rules:
(a) Establishing protocols for the testing of industrial hemp commodities and products; and
(b) Establishing procedures for determining batch sizes and for sampling industrial hemp commodities and products.
(5) This section does not apply to:
(a) Agricultural hemp seed;
(b) Seeds of the plant genus Cannabis within the plant family Cannabaceae that are incapable of germination;
(c) Products derived from seeds described in paragraph (b) of this subsection; or
(d) Other parts of industrial hemp that the department identifies by rule as exempt. [2016 c.71 §9; 2018 c.116 §11; 2021 c.351 §287; 2021 c.542 §29a; 2021 c.646 §13]
Note:
See note under 571.260.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.333 - Industrial hemp crop concentration standards; test results.

(1) The State Department of Agriculture may enter into an agreement with the Oregon Health Authority for the purpose of developing standards for investigating and testing an industrial hemp crop to determine the average tetrahydrocannabinol concentration of the crop.
(2) In accordance with standards developed under subsection (1) of this section, a laboratory described in ORS 571.330 may test an industrial hemp crop for the purpose of determining the average tetrahydrocannabinol concentration of the crop. The laboratory must provide the test results to the department in a form and manner prescribed by the department. [2016 c.71 §9a; 2018 c.116 §12]
Note:
See note under 571.260.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.337 - Processor, retailer and wholesaler transaction involving industrial hemp commodity or product; rules.

(1) As used in this section:
(a) "Processor" means a person licensed under ORS 475C.085.
(b) "Retailer" means a person licensed under ORS 475C.097.
(c) "Wholesaler" means a person licensed under ORS 475C.093.
(2) A processor, retailer or wholesaler may purchase, receive, transfer, sell or transport industrial hemp, or an industrial hemp commodity or product that contains cannabinoids and is intended for human consumption, only if:
(a) The processor, retailer or wholesaler received the hemp, commodity or product from a grower or handler licensed under ORS 571.281 or a processor;
(b) The grower, handler or processor under paragraph (a) of this subsection is registered with the Oregon Liquor and Cannabis Commission as provided under ORS 571.336; and
(c) The hemp, commodity or product meets the requirements for marijuana items under ORS 475C.005 to 475C.525, 475C.540 to 475C.586 and 475C.600 to 475C.648 and rules adopted by the commission.
(3) A grower, handler or processor registered as described under ORS 571.336 (2)(a) shall enter the hemp, commodity or product that contains cannabinoids, is intended for human consumption and is intended for transfer, sale or transport to a processor, retailer or wholesaler licensed under ORS 475C.005 to 475C.525 into the tracking system described in ORS 475C.177 before the hemp, commodity or product is transferred to a laboratory described in ORS 571.330 (1) for testing of a type described under ORS 475C.544. The commission shall continue to track the hemp, commodity or product entered into the system under this subsection when the hemp, commodity or product is transferred, sold or transported to a premises licensed under ORS 475C.005 to 475C.525, or to other areas under the control of the premises licensee.
(4) A processor may transfer, sell or transport an industrial hemp commodity or product to a person that is not a processor, retailer or wholesaler if the industrial hemp commodity or product:
(a) Is tested as described in ORS 475C.544 and otherwise meets the requirements for marijuana items under ORS 475C.005 to 475C.525, 475C.540 to 475C.586 and 475C.600 to 475C.648 and rules adopted by the commission;
(b) Is entered into the tracking system described in ORS 475C.177;
(c) Prior to the transfer, sale or transport, is held by the processor for the duration and in the manner required by the commission by rule; and
(d) Meets any other requirements established by the commission by rule.
(5) The State Department of Agriculture shall adopt rules regarding the activities of growers and handlers under this section.
(6)(a) The commission shall adopt rules regarding the activities of processors, retailers, wholesalers and laboratories under this section.
(b) The commission may adopt rules to carry out subsection (4) of this section. [2018 c.116 §15; 2021 c.351 §289; 2021 c.542 §31]
Note:
See note under 571.260.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.339 - Limitations on industrial hemp transaction involving consumer; testing requirements; exception.

(1) For purposes of this section, "consumer" means a person that purchases, acquires, owns, holds or uses an industrial hemp commodity or product other than for the purpose of resale.
(2) A person may not sell, transfer or deliver to a consumer an industrial hemp commodity or product that contains cannabinoids and is intended for human consumption unless:
(a) The industrial hemp commodity or product has been tested in accordance with ORS 571.330 and any rules adopted pursuant to ORS 571.330;
(b) If the hemp commodity or product is intended for human consumption by ingestion, the hemp commodity or product was processed in a facility licensed by the State Department of Agriculture under ORS 616.695 to 616.755 or in a facility in another state or jurisdiction that meets requirements substantially similar to requirements established under ORS 616.695 to 616.755;
(c) The person obtains and maintains documentation of the results of the testing;
(d) If the industrial hemp commodity or product is sold to a person under 21 years of age or any representations are made to the consumer about the concentration of delta-8-tetrahydrocannabinol, the results of the testing required under this subsection demonstrate the concentration of delta-8-tetrahydrocannabinol;
(e) The industrial hemp commodity or product does not contain more than 0.3 percent tetrahydrocannabinol or the concentration of tetrahydrocannabinol allowed under federal law, whichever is greater; and
(f) The industrial hemp commodity or product does not exceed the concentration of adult use cannabinoids established by the Oregon Liquor and Cannabis Commission, in conjunction with the Oregon Health Authority and State Department of Agriculture, by rule.
(3) The testing required under subsection (2) of this section may be conducted only by:
(a) A laboratory licensed by the commission under ORS 475C.548 and accredited by the authority under ORS 475C.560; or
(b) If the industrial hemp commodity or product was processed outside of this state, a laboratory accredited to the same or more stringent standards as a laboratory described in paragraph (a) of this subsection.
(4) A person may not sell or deliver an adult use cannabis item to a person under 21 years of age.
(5) This section does not apply to the retail sale of industrial hemp commodities or products by a marijuana retailer, as defined in ORS 475C.009, that holds a license issued under ORS 475C.097. [2017 c.531 §4; 2018 c.116 §16; 2021 c.542 §32]
Note:
See note under 571.260.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.345 - Remediation for unintentional violation; rules.

The State Department of Agriculture may by rule or order establish a process providing for the remediation of a violation of ORS 571.330 or 571.333 that is committed by a grower or handler licensed under ORS 571.281 and is not committed intentionally. [2018 c.116 §9; 2021 c.542 §33]
Note:
See note under 571.260.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.348 - Civil penalty; appropriation.

(1) Subject to the provisions of ORS chapter 183, the State Department of Agriculture may impose a civil penalty not to exceed $2,500 on a person for violating:
(a) A provision of ORS 571.260 to 571.348;
(b) A rule adopted under a provision of ORS 571.260 to 571.348; or
(c) An order issued by the department pursuant to a provision of ORS 571.260 to 571.348 or a rule adopted under a provision of ORS 571.260 to 571.348.
(2) In addition to the penalty described in subsection (1) of this section, subject to the provisions of ORS chapter 183, the department may impose a civil penalty not to exceed $10,000 on a person if the person is a grower licensed under ORS 571.281 and the department determines that the person’s industrial hemp crop contains an average tetrahydrocannabinol concentration of at least 10 percent on a dry weight basis.
(3) The department may not discipline a person under this section on the basis that possessing, delivering and manufacturing industrial hemp are prohibited by federal law.
(4) All moneys collected by the department under this section shall be deposited in the General Fund in the State Treasury to the credit of the Industrial Hemp Fund established under ORS 571.278. [2016 c.71 §12; 2018 c.116 §31; 2021 c.542 §§33a,33b]
Note:
See note under 571.260.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 571 - Nursery Stock; Licensed Agricultural Crops › Section 571.400 - Definitions for ORS 571.400 to 571.501.

As used in ORS 571.400 to 571.501:
(1) "Fiscal year":
(a) Except as provided in paragraph (b) of this subsection, means the 12-month period commencing on July 1 and ending on June 30.
(b) If adopted by rule by the Oregon Hemp Commission, means the 12-month period commencing on January 1 and ending on December 31.
(2) "Hemp" means the plant species Cannabis sativa that:
(a) Has a tetrahydrocannabinol concentration that complies with the concentration specified by the State Department of Agriculture by rule; and
(b) Has the meaning as defined by the department by rule.
(3) "Processor" has the meaning given the term "handler" in ORS 571.269.
(4) "Producer" has the meaning given the term "grower" in ORS 571.269. [2021 c.216 §1]
Note:
571.400 to 571.501 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 571.404 - Duties of State Department of Agriculture; rules.

(1) The State Department of Agriculture shall:
(a) Monitor the methods and practices used or proposed by the Oregon Hemp Commission in carrying out the goals and meeting the needs disclosed by the budget of the commission;
(b) Promote cooperation among the Oregon Hemp Commission, the commodity commissions, the Oregon Beef Council and the Oregon Wheat Commission, and assist in the interchange of information and experiences among those entities;
(c) Carry out the assigned organizational procedures under ORS 571.400 to 571.501, including the appointment and removal of members of the Oregon Hemp Commission;
(d) Review budgets submitted to the Director of Agriculture by the commission; and
(e) Adopt rules to carry out the provisions of ORS 571.400 to 571.501.
(2) The department shall review, and may approve or disapprove, plans and projects recommended by the Oregon Hemp Commission for promotion, advertising and research and for the dissemination of consumer and hemp industry information. In reviewing a plan or project under this subsection, the department shall consider whether the plan or project is:
(a) Factual;
(b) Not disparaging to other agricultural commodities; and
(c) Consistent with the purposes of ORS 571.400 to 571.501. [2021 c.216 §3]
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 571.408 - Ex officio members of Oregon Hemp Commission.

The Director of Agriculture and the Dean of the College of Agricultural Sciences of Oregon State University are ex officio nonvoting members of the Oregon Hemp Commission. [2021 c.216 §5]
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 571.410 - Required declaration of vacancy of producer, processor office.

The Director of Agriculture shall immediately declare the office of a member of the Oregon Hemp Commission who is a producer or processor vacant if the director finds that:
(1) The member is no longer actively engaged in hemp production or processing;
(2) The member has become a resident of another state; or
(3) The member is otherwise unable to perform the duties of the office. [2021 c.216 §6]
Note:
See note under 571.400.