reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 633 - Grades, Standards and Labels for Feeds, Soil Enhancers and Seeds › Section 633.491 - Anhydrous Ammonia Additive Review Committee.

(1) The Director of Agriculture, in consultation with the Superintendent of State Police, shall appoint an Anhydrous Ammonia Additive Review Committee consisting of not fewer than six members. The term of a member is four years, but a member serves at the pleasure of the director.
(2) Members of the committee are not entitled to compensation, but in the discretion of the director may be reimbursed from funds available to the State Department of Agriculture for actual and necessary travel and other expenses incurred by them in the performance of their official duties in the manner and amount provided in ORS 292.495.
(3) The members of the committee shall include at least one representative from each of the following:
(a) The Department of State Police.
(b) The State Department of Agriculture.
(c) Manufacturers of anhydrous ammonia fertilizers.
(d) The Oregon State University Extension Service.
(e) Retail distributors.
(f) Users who are growers of agricultural commodities.
(4) The committee:
(a) May review all relevant scientific and economic data on nontoxic dyes or other additives for anhydrous ammonia that are submitted for certification to the State Department of Agriculture under ORS 633.489.
(b) Shall, at a minimum, require the manufacturer of any product submitted under ORS 633.489 to provide sufficient scientifically valid data for each submitted nontoxic dye or other additive to allow the State Department of Agriculture to determine the dye’s or additive’s:
(A) Impact on crop yield;
(B) Specific food crop residue analysis; and
(C) Impact on the environment.
(c) May issue recommendations to the director regarding whether a nontoxic dye or other additive to anhydrous ammonia should be certified by the State Department of Agriculture under ORS 633.489. [Formerly 561.760]
Note:
See note under 633.487.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 633 - Grades, Standards and Labels for Feeds, Soil Enhancers and Seeds › Section 633.531 - Labeling vegetable or flower seed weighing one pound or less.

Each container of vegetable seed or flower seed that is sold, offered for sale, exposed for sale or transported within this state and that has a net weight of one pound or less shall be legibly labeled:
(1) With the commonly accepted name of the kind or the kind and variety of the seed.
(2) With the name and address of the person who labeled the seed or who sells, offers or exposes such seed for sale within this state.
(3) With the year for which the seed was packed for sale, or the percentage of germination and the date the test was completed.
(4) In the case of seed that has a percentage of germination less than the standard prescribed by the Director of Agriculture under authority of ORS 633.680, with:
(a) The percentage of germination.
(b) The percentage of hard seed, if more than one percent.
(c) The month and year the test to determine the data required by this section was completed.
(d) The words "substandard germination" in not less than eight-point boldfaced type.
(5) With the labeling data required by ORS 633.520 (12) and (13). [1955 c.379 §4; 1969 c.132 §3; 1995 c.371 §3; 2007 c.281 §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 633.541 - Labeling vegetable seed weighing more than one pound.

Each container of vegetable seed weighing more than one pound net weight shall be labeled with:
(1) The name of the kind and variety of the contents.
(2) The lot number or other lot identification.
(3) The name and number per pound of each kind of restricted noxious weed seed, or the statement "No Noxious Found," or a similar statement, if the sample is free of all noxious weed seeds listed in the administrative rules.
(4) The percentage of germination or, if the percentage of germination meets or exceeds the standard established by the Director of Agriculture pursuant to ORS 633.680, at the option of the person for whom the container is labeled, the words "Oregon Standard Germination."
(5) The percentage of hard seed, if more than one percent.
(6) The month and year the test to determine the data required by this section was completed.
(7) The name and address of the person who labeled such seed or who sells, offers or exposes such seed for sale within this state.
(8) The labeling data required by ORS 633.520 (12) and (13). [1955 c.379 §5; 1969 c.132 §4; 1995 c.371 §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 633.545 - Labeling bins and bulk displays.

All bins and other bulk displays of agricultural, flower or vegetable seed, and mixtures of agricultural, flower or vegetable seed, or both, shall be labeled with the data required to be present on containers of agricultural, flower or vegetable seed prescribed in ORS 633.520, 633.531 and 633.541. [1955 c.379 §6; 2007 c.281 §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 633.550 - Exemptions from labeling provisions.

(1) In the following cases agricultural, flower or vegetable seeds, or mixtures of agricultural, flower or vegetable seeds, or both, are exempt from the labeling provisions of ORS 633.520, 633.531 and 633.541, except that any labeling or other representation that is made with respect to such seed shall conform to those sections:
(a) When sold to be recleaned before being sold, offered or exposed for sale for seeding purposes.
(b) When held in storage or consigned to a seed handling establishment for conditioning.
(c) When held, sold or exposed for sale for milling, food or feeding purposes only.
(d) When transported from field to conditioner and between conditioner and dealer. However, if labeled, the seed must be labeled accurately.
(2) Containers of agricultural, flower or vegetable seeds, or mixtures of agricultural, flower or vegetable seeds, or both, are exempt from the labeling provisions of ORS 633.520, 633.531 and 633.541 when such containers are filled in the presence of the purchaser from bins or other bulk display containers if such bins or bulk display containers are labeled with the information otherwise required to be present on individual packages of such seed. [Amended by 1955 c.379 §7; 1981 c.196 §2; 1995 c.371 §5; 2007 c.281 §5]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 633 - Grades, Standards and Labels for Feeds, Soil Enhancers and Seeds › Section 633.561 - Preparation of list of prohibited noxious weed seeds and restricted noxious weed seeds.

The director shall prepare a list of prohibited noxious weed seeds and a list of restricted noxious weed seeds. On the list of restricted noxious weed seeds the director, with the concurrence of the dean, shall specify the number of such seeds per pound that may be present in agricultural, flower or vegetable seed. [1955 c.379 §15; 1981 c.196 §3; 2007 c.281 §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 633.571 - Changes in lists; publicizing changes.

(1) The Director of Agriculture, with the concurrence of the dean, may make the following changes in the list of prohibited noxious weed seeds or in the list of restricted noxious weed seeds:
(a) The addition to either list of the name of the seed of any weed.
(b) The removal from either list of the name of the seed of any weed.
(c) A change in the list of restricted noxious weed seeds of the number of such seeds per pound that may be present in agricultural, flower or vegetable seed.
(2) In determining whether the name of the seed of any weed should be added to or removed from either list, or whether a change should be made in the number of any restricted noxious weed seed that may be present in agricultural, flower or vegetable seed, the director and the dean shall consider the following factors:
(a) The prevalence of such weed in the state.
(b) The potential effect upon the seed industry and agriculture generally.
(c) Means of effective control or eradication.
(d) Toxicity to animals, including humans.
(e) Methods of separation from other seeds.
(f) Any other factor that may in the judgment of the director and the dean be a reasonable ground for making such change.
(3) The director shall cause all changes made pursuant to this section to be given to the press and made available by one or more reasonable methods for use by affected persons or other members of the public. [1955 c.379 §16; 1983 c.740 §235; 2007 c.281 §7; 2015 c.203 §24]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 633 - Grades, Standards and Labels for Feeds, Soil Enhancers and Seeds › Section 633.580 - Seed testing laboratory; cooperative agreements with federal agency.

(1) The dean shall maintain and operate a properly equipped seed testing laboratory in connection with the agricultural experiment station at Oregon State University and shall make all tests, including germination tests, on regulatory samples agreed upon as necessary by the director and the dean and in accordance with rules and regulations, promulgated after agreement, by the director.
(2) The dean may enter into cooperative arrangements with the United States Department of Agriculture for research work in seed testing and for such portion of the regulatory and general seed testing work as may be mutually agreeable. [Amended by 1955 c.379 §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 633.600 - Fees for seed tests; rules and regulations.

(1) The dean may authorize the seed testing laboratory to make seed tests for certification purposes and commercial tests for the use of any person.
(2) The dean may fix and determine the fee or charge for seed testing work so as to cover the cost.
(3) The dean may make reasonable rules and regulations covering any phase of seed testing, require the payment of the fees and charges and refuse further seed testing to any person failing to pay promptly the charges for the seed testing. [Amended by 1955 c.379 §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 633.610 - Seed testing fund.

All moneys collected as fees or charges for seed testing work shall be deposited in a special fund to be known as the seed testing fund. The fund shall be maintained by the dean, who may expend such funds, in the manner usually employed by the experiment station in disbursement of receipts, for:
(1) Salaries, wages and necessary expenses of employees while on official duty.
(2) The purchase of necessary equipment, materials and supplies.
(3) Other expenses necessary to the carrying out of seed testing work.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 633 - Grades, Standards and Labels for Feeds, Soil Enhancers and Seeds › Section 633.620 - Certification of seeds, tubers and plants; fees; rules.

(1) The certification of varieties of agricultural, cereal grain, flower or vegetable seeds, or of tubers or horticultural plants, for planting purposes as certified seeds, tubers or plants shall be conducted in this state by the dean.
(2) The varieties eligible for certification, the rules and regulations and standards for such certification that will provide for seed of high quality and the official seals and tags shall be determined upon and adopted by the dean.
(3) The dean may establish field inspection fees and charges for inspection and certification in an amount sufficient to cover the cost of such work. The dean may also charge the approximate cost price for tags, ties and seals and make charges covering the cost of field, threshed-seed or bin inspections when such inspections are called for at such times and places as to involve a total expense in excess of the income from the established fees or charges. In all cases the fees and charges shall be fixed at a rate that will cover the approximate cost of the work.
(4) The dean may authorize the inspection and certification of tubers and agricultural, cereal grain, flower and vegetable seeds without the collection of fees when grown in areas not in excess of one acre by members of 4-H Clubs and of the Future Farmers of America.
(5)(a) Notwithstanding any other provision of this section, the dean may enter into agreements with appropriate agricultural or educational agencies of the State of Idaho for the performance of seed certification, testing and analysis services for producers of hard seed in Malheur County.
(b) As used in this subsection "hard seed" means alfalfa, beans, clover, peas, soybean, trefoil, vetch, barley, oats, rye, triticale, wheat, buckwheat, lupine, rape, sunflower, sugar beets, vegetable seed, flower seed and corn.
(6) Notwithstanding any other provision of this section, and in addition to the authority granted by subsection (5) of this section, the dean may enter into agreements with appropriate public or private agencies to assist the Oregon State University seed testing laboratory in the testing and analysis of seed samples. [Amended by 1955 c.379 §10; 1995 c.181 §1; 1997 c.354 §1; 2007 c.281 §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 633.630 - Certification fund.

(1) All moneys collected as fees or charges for inspection and certification of agricultural, cereal grain, flower and vegetable seeds, and of tubers and horticultural plants, shall be receipted for and deposited in a special fund to be known as the certification fund. The fund shall be maintained by the dean, who may expend such funds for no other purposes than the following:
(a) Salaries, wages and necessary travel and other expenses of employees while on official duty.
(b) The purchase of necessary equipment, materials and supplies.
(c) Other expenses necessary to the carrying out of such inspection and certification.
(2) The expenditures shall be made in accordance with the usual disbursement of receipts of the cooperative agricultural extension service. [Amended by 1955 c.379 §11; 2007 c.281 §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 633.640 - Dean may employ assistants.

For the purposes of performing the duties assigned to the dean, in carrying out ORS 633.511 to 633.750, the dean may employ necessary assistance and delegate to such assistants, analysts and inspectors so employed the duties assigned to the dean by those sections. [Amended by 2003 c.14 §383]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 633 - Grades, Standards and Labels for Feeds, Soil Enhancers and Seeds › Section 633.655 - When penalties not applicable.

A person is not subject to the penalties of ORS 633.992 for having sold, offered for sale, exposed for sale or transported in this state any agricultural, flower or vegetable seed, that:
(1) Is incorrectly labeled or represented as to kind and variety or origin, if the seeds cannot be identified except by a field test, when such person:
(a) Obtains an invoice or grower’s declaration stating the kind, or kind and variety, and origin, if required;
(b) Takes such invoice or grower’s declaration in good faith; and
(c) Takes such other precautions as are reasonable to ensure the identity of the seeds to be as stated.
(2) Does not conform to the label on the container, but is within the tolerances authorized by the director under ORS 633.680 (1). [1955 c.379 §21; 1971 c.489 §4; 2007 c.281 §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 633.660 - Enforcement and administration.

The director shall enforce ORS 633.511 to 633.750 and 633.996. However, the enforcement of certification regulations and the work of testing seeds and sampling, inspecting, sealing and certification labeling of tubers and horticultural plants and of agricultural, cereal grain, flower and vegetable seeds for certification, as provided by ORS 633.600 to 633.640, shall be done by the dean. [Amended by 1955 c.379 §13; 2007 c.281 §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 633.680 - Establishment of standards of germination; rules and regulations; fees and charges.

(1) The Director of Agriculture shall establish standards of germination for vegetable seed, and shall make reasonable rules and regulations necessary to effectuate the purpose of ORS 633.511 to 633.750 and 633.996, covering:
(a) Licensing, suspension, reinstatement and revocation of licenses, which rules and regulations shall conform to the law governing suspension, refusal or revocation of licenses by the State Department of Agriculture.
(b) Regulatory and official sampling.
(c) Labeling of seeds, including such additional information as may be required in order to maintain uniformity with the laws and regulations of the federal government or of other states.
(d) Quarantining, which rules and regulations shall conform to the law for establishment of quarantines by the State Department of Agriculture.
(e) Seizure, treatment and disposition of seeds from outside this state.
(f) Seizure of seeds.
(g) Changes in the list of prohibited noxious weed seeds and in the list of restricted noxious weed seeds.
(h) Tolerances for differences between the contents of a container of agricultural, flower or vegetable seed and the label thereon.
(i) The types of records and the procedures for handling forms and records that must be kept by seed dealers and seed conditioners.
(j) The identity of varieties of agricultural seed required by ORS 633.520.
(k) The variations in time provided for in ORS 633.651.
(L) The use and labeling of hermetically sealed or other types of containers or conveyances involving seeds.
(m) The type of analysis tests that must be conducted to develop information used in preparing seed labels or tags.
(2) The director may adopt rules establishing standards for forms used in reporting analysis of seed.
(3) The director may establish fees and charges for official sampling, applied for by the owner, at an amount sufficient to cover the cost. The director may also establish reasonable charges covering issuance of permits, and the treatment and disposition of seeds seized and held under quarantine. However, in any case where the service involved is in such location or under such circumstances that the usual fees or charges are insufficient to cover the expense, the director may make additional charges to avoid loss to this state. [Amended by 1955 c.379 §17; 1969 c.132 §6; 1995 c.371 §8; 2011 c.356 §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 633.690 - Quarantine of seed entering state; disposition of nonconforming seed.

(1) The director may place a quarantine on all agricultural, flower or vegetable seed entering this state from any outside source. However, seed labeled in accordance with ORS 633.520, 633.531 and 633.541 shipped into the state by any person holding an Oregon license in full force shall not necessarily be quarantined; and any such seeds in tight containers in transit directly through this state, to points outside this state, are not subject to quarantine. Any such seeds from outside this state, that are destined to points in this state for conditioning purposes, for later use in this state, or for shipment from this state, shall be held under quarantine until such seeds comply with ORS 633.511 to 633.750.
(2) The director may draw necessary samples of such seed and hold such seed until the necessary tests are completed and arrangements for the disposition of the seed are consummated. If the seed is found to be in compliance with those sections it shall be immediately released. If the seed is found to be in violation of any part of those sections, the director shall so notify the shipper and, unless the director is instructed to return such seed within 30 days or unless such seed is put in condition to comply with the provisions of those sections and all costs covering such inspection and seizure are paid, the director shall cause the seed to be destroyed. [Amended by 1955 c.379 §18; 1981 c.196 §5; 2003 c.14 §386; 2007 c.281 §14]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 633 - Grades, Standards and Labels for Feeds, Soil Enhancers and Seeds › Section 633.700 - Retailer and wholesaler licenses; exemption; rules; fees.

(1) A person may not sell, offer or expose for sale in this state, or contract to have produced in this state for commercial purposes, any agricultural, flower or vegetable seeds unless the person holds an unsuspended license issued by the State Department of Agriculture. However, a person is not required to obtain a license if the person is selling only seeds produced by the person or if the person is selling flower or vegetable seeds at retail in packages weighing not more than one-half pound that were prepared for retail sale by a seed company licensed under this section. For the purposes of this section, persons operating more than one branch, plant or warehouse where seeds are sold, offered or exposed for sale shall secure a separate license for each such branch, plant or warehouse.
(2) Any person desiring to sell, offer or expose for sale in this state any agricultural, flower or vegetable seeds, for planting purposes, except as provided in this section, shall make application to the Director of Agriculture for a license for this purpose. The application shall be signed by the applicant or the authorized agent of the applicant and shall be in a form approved by the director. Upon presentation of such signed application for a license and the tendering of the license fee established by the department pursuant to subsection (3) of this section, the department shall issue the license to the applicant. The license shall expire on June 30 next following the date of issuance or on such date as may be specified by department rule.
(3) The department shall establish annual license fees, not to exceed $75 for a retailer’s license and not to exceed $750 for a wholesaler’s license. Only one license shall be required for one person’s operation at one location. [Amended by 1955 c.379 §19; 1957 c.407 §2; 1977 c.625 §2; 1985 c.353 §4; 1989 c.514 §1; 1991 c.288 §1; 1993 c.665
§1; 2003 c.14 §387; 2007 c.281 §15; 2007 c.768 §39; 2011 c.324 §1; 2011 c.356 §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 633.711

[1989 c.1035 §§2,6; 1991 c.734 §56; 1995 c.371 §9; renumbered 633.996 in 2001]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 633 - Grades, Standards and Labels for Feeds, Soil Enhancers and Seeds › Section 633.720 - Sampling and testing on request of owner of seed.

On application of any person owning or controlling any lot of seed, the director may draw an official sample of any lot of such seed for official testing purposes. After dividing the sample into two approximately equal portions and properly identifying, labeling and sealing them, the director shall tender one portion to the applicant and shall send the other portion directly to the agricultural experiment station for testing. The experiment station shall report the results of such tests to the person for whom such sample was drawn, and the person shall pay for such sampling at rates established by the director, in accordance with ORS 633.680, and for the seed testing at commercial rates as established by the dean in accordance with ORS 633.600.
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 633 - Grades, Standards and Labels for Feeds, Soil Enhancers and Seeds › Section 633.733 - Legislative findings regarding seed regulation.

(1) As used in this section, "nursery seed" means any propagant of nursery stock as defined in ORS 571.005.
(2) The Legislative Assembly finds and declares that:
(a) The production and use of agricultural seed, flower seed, nursery seed and vegetable seed and products of agricultural seed, flower seed, nursery seed and vegetable seed are of substantial economic benefit to this state;
(b) The economic benefits resulting from agricultural seed, flower seed, nursery seed and vegetable seed and seed product industries in this state make the protection, preservation and promotion of those industries a matter of statewide interest that warrants reserving exclusive regulatory power over agricultural seed, flower seed, nursery seed and vegetable seed and products of agricultural seed, flower seed, nursery seed and vegetable seed to the state; and
(c) The agricultural seed, flower seed, nursery seed and vegetable seed and seed product industries in this state will be adversely affected if those industries are subject to a patchwork of local regulations. [2013 s.s. c.4 §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 633.738 - Prohibition of local laws to inhibit or prevent production or use of seeds or products of seeds.

(1) As used in this section:
(a) "Local government" has the meaning given that term in ORS 174.116.
(b) "Nursery seed" means any propagant of nursery stock as defined in ORS 571.005.
(2) Except as provided in subsection (3) of this section, a local government may not enact or enforce a local law or measure, including but not limited to an ordinance, regulation, control area or quarantine, to inhibit or prevent the production or use of agricultural seed, flower seed, nursery seed or vegetable seed or products of agricultural seed, flower seed, nursery seed or vegetable seed. The prohibition imposed by this subsection includes, but is not limited to, any local laws or measures for regulating the display, distribution, growing, harvesting, labeling, marketing, mixing, notification of use, planting, possession, processing, registration, storage, transportation or use of agricultural seed, flower seed, nursery seed or vegetable seed or products of agricultural seed, flower seed, nursery seed or vegetable seed.
(3) Subsection (2) of this section does not prohibit a local government from enacting or enforcing a local law or measure to inhibit or prevent the production or use of agricultural seed, flower seed, nursery seed or vegetable seed or products of agricultural seed, flower seed, nursery seed or vegetable seed on property owned by the local government. [2013 s.s. c.4 §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 633.741 - Jackson County exemption from ORS 633.738.

ORS 633.738 does not apply to any local measure that was:
(1) Proposed by initiative petition and, on or before January 31, 2013, qualified for placement on the ballot in a county; and
(2) Approved by the electors of the county at an election held on May 20, 2014. [2013 s.s. c.4 §4]
Note:
633.741 was enacted into law by the Legislative Assembly but was 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 633.750 - Disposition of fees and charges paid under ORS 633.511 to 633.750.

All fees paid to the State Department of Agriculture pursuant to ORS 633.511 to 633.750, other than the fees and charges specified in ORS 633.610 and 633.630, shall be deposited in the Department of Agriculture Service Fund. All such moneys are continuously appropriated to the department for the purpose of carrying out those sections. [Amended by 1979 c.499 §32; 2003 c.14 §388]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 633 - Grades, Standards and Labels for Feeds, Soil Enhancers and Seeds › Section 633.752 - Presence of department representative during crop testing; fee.

Upon request by a farmer or by the holder of a patent granted for a seed, crop or trait under the Patent Act (35 U.S.C. 101 et seq.) or under the Plant Variety Protection Act (7 U.S.C. 2321 et seq.), the Director of Agriculture shall appoint a representative of the State Department of Agriculture to accompany the farmer, the patent holder or a crop testing service at the time a sample is taken. The department may charge the requester a fee for the services. This section does not create any new right of entry or affect any existing right of entry onto a property. [2015 c.630 §4]
Note:
633.752 was enacted into law by the Legislative Assembly but was 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 633.994 - Civil penalties for fertilizer law violations; rules; failure to pay penalty in full.

(1) In addition to any other liability or penalty provided by law, the State Department of Agriculture may assess a civil penalty against a person that violates a provision of ORS 633.311 to 633.479 or rules adopted under ORS 633.311 to 633.479. The civil penalty may not be more than:
(a) $500 for the first violation within a three-year period;
(b) $1,500 for the second violation within a three-year period; and
(c) $10,000 for each subsequent violation within a three-year period.
(2) The department shall adopt rules that determine guidelines for ensuring consistency in the assessment of civil penalties.
(3) Notwithstanding subsection (1) of this section, for a violation that arises from gross negligence or willful misconduct, or that results in substantial harm to human health or the environment, the department may assess a civil penalty of not more than $10,000 for the initial violation or any subsequent violation.
(4) Each violation of a provision of ORS 633.311 to 633.479 that results from an action is a separate and distinct violation. The department may deem each day of a continuing violation to be a separate and distinct violation.
(5) A civil penalty assessed under this section may be remitted or reduced upon terms and conditions that the Director of Agriculture considers proper and consistent with the public health and safety.
(6) If a civil penalty assessed under this section remains unpaid after the issuance of the final order, the department may, until the civil penalty is paid in full:
(a) Refuse to issue the recipient of the final order a certificate of registration under ORS 633.311 to 633.479 for a product; and
(b) Withhold from the recipient of the final order the issuance or renewal of a license under any program administered by the department. [2001 c.914 §17; 2009 c.97 §17]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 633 - Grades, Standards and Labels for Feeds, Soil Enhancers and Seeds › Section 633.996 - Civil penalty for seed law violation.

(1) Any person who violates any provision of ORS 633.511 to 633.750, a rule adopted pursuant thereto or the terms or conditions of any order issued by the State Department of Agriculture under ORS 633.511 to 633.750 shall be subject to a civil penalty not to exceed $10,000 per violation.
(2) Each violation may be a separate and distinct offense, and in the case of a continuing violation, each day’s continuance thereof may be deemed a separate and distinct offense.
(3) The department shall adopt a schedule or schedules establishing the amount of civil penalty that may be imposed for a particular violation.
(4) Civil penalties under this section shall be imposed as provided in ORS 183.745.
(5) Any civil penalty received by the State Treasurer under this section shall be deposited in the General Fund to the credit of the Department of Agriculture Account and is continuously appropriated to the department for the administration and enforcement of the laws and rules under which the penalty was assessed. [Formerly 633.711; 2003 c.14 §389]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 634.005 - Short title; policy statement.

The purpose of this chapter, which shall be known as the State Pesticide Control Act and shall be enforced by the State Department of Agriculture, is to regulate in the public interest the formulation, distribution, storage, transportation, application and use of pesticides. Many materials have been discovered or synthesized which are necessary and valuable for the control of insects, plant diseases and weeds. Many more pesticides will be discovered and needed. Such materials, however, may injure health, property, wildlife or environment by being distributed, stored, transported, applied or used in an improper or careless manner. The pesticide industry of this state has achieved and maintained high standards in its formulation and use of pesticides while at the same time experiencing a minimum of injury to persons, property or the environment. Currently updating the law to maintain this achievement and to consider future new pesticides and problems is necessary for the protection of persons, property, wildlife and environment of this state. [Formerly 634.012]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 634.022 - Exemption from registration for experimental pesticides; approval required for use of experimental pesticides; applicability of law.

(1) The provisions of ORS 634.016 are not applicable to pesticides used only for experimental or research purposes. Such pesticides shall be conspicuously labeled "For experimental purposes only and not for sale" in addition to the labeling requirements of ORS 634.026, except that they need not be labeled with directions for use or the professed standard of quality.
(2)(a) Subject to the exemptions set forth in paragraph (b) of this subsection, before any pesticide can be used for experimental or research purposes a person proposing to use such pesticides shall obtain approval of the State Department of Agriculture. Application for such approval shall contain such information as may be required by the department, including the location and size of the plot on which the experiment or research is to be carried out, the nature of the pesticide to be utilized, the person responsible for such activities and the intended disposition of any crops grown upon the experimental or research plot.
(b) The provisions of paragraph (a) of this subsection are not applicable to:
(A) Federal or state agencies.
(B) Experiments or research carried on in greenhouses.
(3) If any person uses pesticides for experimental purposes as provided by this section contrary to the instructions and approval issued by the department, the department may immediately revoke such approval and refuse to issue its approval to such persons on future applications. [1973 c.341 §9; 1995 c.79 §324]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 634.026 - Pesticide labeling requirements; highly toxic pesticides; applicability of law.

(1) If not otherwise required or prescribed by federal law or rule, each package or container of every pesticide shall be labeled with:
(a) The name and address of the manufacturer or person for whom it was manufactured.
(b) The brand name or trademark under which the material is sold.
(c) The professed standard of quality of the material.
(d) The net weight or volume of the contents.
(e) Adequate and necessary directions for its proper and intended use.
(2) In addition to the information required by subsection (1) of this section, any pesticide which is highly toxic shall be labeled with:
(a) A sign of a skull and crossbones.
(b) The word "poison" in red on the package printed on a background of contrasting color.
(c) A poison antidote for the material, if any.
(3) The provisions of subsection (2) of this section shall not apply to bleaching powder or chloride of lime. [1973 c.341 §10]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 634.032 - When pesticide is misbranded.

Pesticides shall be deemed misbranded if:
(1) The package or container of such materials bears any false or misleading statement.
(2) The container or package of such materials is not labeled as required by ORS 634.026. [1973 c.341 §11]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 634.036 - When pesticide is adulterated.

A pesticide shall be deemed to be adulterated if:
(1) It is a pesticide other than a herbicide, defoliant or desiccant, is intended for use on vegetation and contains any substance which is injurious to such vegetation when used as directed under normal growing conditions.
(2) The strength or purity of the pesticide is below the purported or professed standard of quality as expressed in its labeling, or any substance has been substituted wholly or in part for any ingredient of the pesticide, or any valuable constituent thereof has been omitted wholly or in part.
(3) The contents of the package or container of pesticide do not meet their purported standard of quality in any other manner.
(4) The contents of the package or container represented to be a pesticide are not definitely effective for the purpose for which recommended. [1973 c.341 §12]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 634.042 - Unsafe use of certain pesticides on raw agricultural commodities; tolerances and exemptions; applicability to fertilizers, agricultural minerals and lime mix.

(1) Any poisonous or deleterious pesticide or any pesticide which, in the opinion of the State Department of Agriculture, is not generally recognized among experts qualified by scientific training and experience to evaluate the safety of pesticide chemicals as safe for use, added to a raw agricultural commodity, shall be deemed unsafe for the purposes of the application of ORS 616.235 (1)(b), unless:
(a) A tolerance for such pesticide chemical in or on the raw agricultural commodity has been prescribed by regulation promulgated by the department and the quantity of such pesticide chemical in or on the raw agricultural commodity is within the limits of the tolerance so prescribed; or
(b) With respect to use in or on such raw agricultural commodity, the pesticide chemical has been exempted from regulation promulgated by the department.
(2) While a tolerance or exemption from tolerance is in effect for a pesticide chemical with respect to any raw agricultural commodity, such raw agricultural commodity shall not, by reason of bearing or containing any added amount of such pesticide chemical, be considered to be adulterated within the meaning of ORS 616.235 (1)(a), provided such pesticide chemical or the use of such pesticide chemical is in compliance with the law and regulations promulgated thereunder.
(3) In a fertilizer, agricultural minerals, agricultural amendment or lime mix in which a pesticide is contained, all applicable provisions of this chapter must be complied with. In lieu of the requirements of ORS 634.026 (1)(c), the label or invoice on a certain mix may show the name and amount of the actual pesticide, together with the total amount of the entire mixture, including the amount of actual pesticide, to be applied to each acre. [1973 c.341 §13; 1979 c.29 §2; 1995 c.79 §325]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 634.048 - Website information regarding pesticides.

The State Department of Agriculture shall post information regarding pesticides on a department website that is available for access by the public without charge. The department shall indicate on the website those pesticides and devices that the department has listed under ORS 634.316 as highly toxic or restricted-use pesticides or devices. [2015 c.833 §17]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 634.055 - Legislative findings.

The Legislative Assembly hereby determines that the citizens of this state benefit from a system of safe, effective and scientifically sound pesticide regulation. The Legislative Assembly further finds that a uniform, statewide system of pesticide regulation that is consistent, coordinated and comports with both federal and state technical expertise is essential to the public health, safety and welfare and that local regulation of pesticides does not materially assist in achieving these benefits. [1996 c.10 §4 (enacted in lieu of 634.007)]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 634.057 - State preemption of local pesticide regulation.

No city, town, county or other political subdivision of this state shall adopt or enforce any ordinance, rule or regulation regarding pesticide sale or use, including but not limited to:
(1) Labeling;
(2) Registration;
(3) Notification of use;
(4) Advertising and marketing;
(5) Distribution;
(6) Applicator training and certification;
(7) Licensing;
(8) Transportation;
(9) Packaging;
(10) Storage;
(11) Disclosure of confidential information; or
(12) Product composition. [1996 c.10 §6 (enacted in lieu of 634.009)]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 634.060 - Actions allowed by city, town, county or other political subdivision.

Notwithstanding ORS 634.057, a city, town, county or other political subdivision of this state may adopt a policy regarding the use of pesticides on property owned by the city, town, county or other political subdivision adopting the policy. [1996 c.10 §8 (enacted in lieu of 634.011)]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 634.063 - Exceptions to state preemption of pesticide regulation.

Nothing in ORS 634.057 shall limit the authority of a city, town, county or other political subdivision of this state to adopt or enforce a local ordinance, rule or regulation strictly necessary to comply with:
(1) The Uniform Building Code published by the International Conference of Building Officials, as amended and adopted by the Director of the Department of Consumer and Business Services;
(2) A uniform fire code; or
(3) Any requirement of a state or federal statute or regulation pertaining to pesticides. [1996 c.10 §10 (enacted in lieu of 634.013)]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 634.065 - Department consideration of concerns raised by city, town, county or political subdivision.

In administering this chapter, the State Department of Agriculture shall consider any concern raised by a city, town, county or other political subdivision of the state regarding the regulation of pesticides. [1996 c.10 §12 (enacted in lieu of 634.015)]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 634.106 - Applicability of ORS 634.112 to 634.126 and 634.146.

ORS 634.112 to 634.126 and 634.146 shall not apply to:
(1) Manufacturers of materials engaged in research or experimental work on pesticides.
(2) Persons engaged in the business of a pesticide operator or applicator only in the application of any pollenicide.
(3) Persons licensed as veterinarians under ORS chapter 686 who are engaged in the practice of veterinary medicine within the scope of their veterinary medicine practice and employees of licensed veterinarians when acting within the scope of their employment.
(4) A farmer or forestland owner applying pesticides, other than restricted-use pesticides, by use of equipment of the farmer or forestland owner for others on an occasional basis not amounting to a principal or regular occupation, if the farmer does not publicly hold out as a pesticide applicator and if the pesticides that are applied are furnished by the owner of the land on which such pesticides are applied.
(5) Persons who do not advertise or publicly hold themselves out as being in the business of applying pesticides but whose main or principal work or business is the maintenance of small or home lawns, shrubs or gardens.
(6) Persons who do not advertise or publicly hold themselves out as being in the business of applying pesticides and whose principal activity or business as related to pesticides is selling pesticides or selling or leasing equipment.
(7) Railroads, to the extent that the application of pesticides is by their regular employees, on land or property under their ownership, supervision, control or jurisdiction, except that if power-operated spray equipment is used for applying volatile herbicides, the application shall be under the direct supervision of a licensed public applicator. [1973 c.341 §22; 1995 c.360 §1; 2001 c.307 §1]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 634.126 - Trainee certificate; renewal; fee.

(1) In accordance with rules adopted by the State Department of Agriculture, as provided in ORS 634.306 (1), the department shall issue or renew its pesticide trainee’s certificate if the applicant or certificate holder:
(a) Is at least 18 years of age;
(b) Is employed by a licensed pesticide operator;
(c) Is working under the direct supervision and control of a licensed applicator or, if spraying or otherwise applying pesticides by aircraft, a certified aerial pesticide applicator; and
(d) Is in compliance with the applicable provisions of this chapter and rules adopted under this chapter.
(2) The fees for a pesticide trainee’s certificate, or renewal thereof, shall be the same as the license fee for a pesticide applicator. [1973 c.341 §17; 1997 c.249 §193; 2015 c.833 §6]
2023 Oregon Revised Statutes › Volume : 15 - Water Resources, Agriculture and Food › Chapter 634 - Pesticide Control › Section 634.127 - Noncommercial pesticide trainee certificate; fee.

(1) In accordance with rules adopted by the State Department of Agriculture, as provided in ORS 634.306 (1), the department shall issue or renew a noncommercial pesticide trainee’s certificate if the applicant or certificate holder:
(a) Is at least 18 years of age;
(b) Is working under the direct supervision and control of a licensed noncommercial pesticide applicator or, if spraying or otherwise applying pesticides by aircraft, a certified aerial pesticide applicator; and
(c) Is in compliance with the applicable provisions of this chapter and rules adopted under this chapter pertaining to noncommercial pesticide applicators.
(2) The fee for a noncommercial pesticide trainee’s certificate, or renewal thereof, shall be the same as the license fee for a pesticide applicator. [2022 c.53 §3]