reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 54 - NURSERIES › Section 603-054-0027 - Notification of Imported Trees and Shrubs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Recipients of tree and shrub nursery
			 stock imported into the state of Oregon from any out-of-state source are
			 required to notify the Oregon Department of Agriculture. Notification shall be
			 via mail, FAX or e-mail to: Nursery Program Supervisor, Plant Division, Oregon
			 Department of Agriculture, 635 Capitol St. NE, Salem, OR 97301; FAX
			 503-986-4564; quarantine@oda.state.or.us.
(2) For purposes of this section, "tree and
			 shrub nursery stock" means woody forest and ornamental trees, shrubs and vines
			 grown or kept for propagation or sale, including bareroot, balled and burlaped,
			 and containerized plants, liners, budwood, seedlings and cuttings. Fruit, seeds
			 and tissue culture plantlets are not considered tree and shrub nursery
			 stock.
(3) Notice under (1) of this
			 section in advance of arrival of the shipment is encouraged but must be no
			 later than two business days (Monday through Friday) after its arrival.
			 Notification shall include the species of plant(s), quantities, source, and
			 recipient's contact information. Copies of regular shipping documents, e.g.
			 load lists, with this information are encouraged. ODA may approve alternative
			 notification systems if such systems allow ODA at least one business day to
			 determine if an inspection is necessary.
(4) ODA will contact nurseries within one
			 business day of receipt of notification if the tree and shrub nursery stock
			 must be held for inspection under ORS
			 571.220 and
			 570.305. Recipients are not
			 obligated to hold the imported tree and shrub nursery stock for inspection
			 unless contacted directly by an ODA inspector, except that the imported tree
			 and shrub nursery stock must not be sold or distributed to untraceable buyers,
			 e.g. final consumers, for one business day after notifying ODA.
(5) Failure to comply with this rule could
			 result in criminal penalties authorized in 571.991 of up to $5,000. Violation
			 of this rule by a licensed nursery may also result in license suspension or
			 revocation.
Stat. Auth.: ORS
				  570.305 &
				  571.220
Stats. Implemented: ORS
				  561.190
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 54 - NURSERIES › Section 603-054-0030 - Inspection and Service Fees for Unlicensed Nursery Persons

Current through Register Vol. 63, No. 7, July 1, 2024
The fees for inspection and special services performed for
				persons not required to be licensed pursuant to ORS Chapter 571 are as follows:
(1) Inspections and issuance of
			 phytosanitary or other certificates at locations or premises of persons
			 requesting such service shall be $60 per hour, chargeable to the nearest
			 one-quarter hour, with a minimum of $45 for each inspection or issuance of a
			 certificate.
(2) Inspections and
			 issuance of phytosanitary certificates or other certificates at a State
			 Department of Agriculture facility shall be $20 for each such certificate for
			 non-commercial shipments (less than $1000 value) and $35 per certificate for
			 commercial shipments (greater than $1000 value).
(3) Fees for laboratory services will be
			 sufficient to recover the costs of such services.
Stat. Auth.: ORS 561 & 571
Stats. Implemented: ORS
				  561.020 &
				  571.145
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 54 - NURSERIES › Section 603-054-0035 - License Fees for Christmas Tree Growers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The annual license fee for Christmas tree
			 growers beginning May 15, 2008, shall be a basic charge of $62 plus an acreage
			 assessment as follows: $3 per acre for 40 or fewer acres, plus an additional
			 $2.60 per acre for more than 40 acres but not more than 100 acres, plus an
			 additional $2.10 per acre for more than 100 acres but not more than 200 acres,
			 plus an additional $1.60 per acre for more than 200 acres. The annual license
			 fee for Christmas tree growers beginning May 15, 2009, shall be a basic charge
			 of $64 plus an acreage assessment as follows: $3 per acre for 40 or fewer
			 acres, plus an additional $2.70 per acre for more than 40 acres but not more
			 than 100 acres, plus an additional $2.20 per acre for more than 100 acres but
			 not more than 200 acres, plus an additional $1.70 per acre for more than 200
			 acres. The annual license fee for Christmas tree growers beginning May 15,
			 2010, shall be a basic charge of $66 plus an acreage assessment as follows: $3
			 per acre for 40 or fewer acres, plus an additional $2.80 per acre for more than
			 40 acres but not more than 100 acres, plus an additional $2.30 per acre for
			 more than 100 acres but not more than 200 acres, plus an additional $1.80 per
			 acre for more than 200 acres. The annual license fee for Christmas tree growers
			 beginning May 15, 2011, shall be a basic charge of $68 plus an acreage
			 assessment as follows: $3 per acre for 40 or fewer acres, plus an additional
			 $2.90 per acre for more than 40 acres but not more than 100 acres, plus an
			 additional $2.40 per acre for more than 100 acres but not more than 200 acres,
			 plus an additional $1.90 per acre for more than 200 acres. The annual license
			 fee for Christmas tree growers beginning May 15, 2012, shall be a basic charge
			 of $70 plus an acreage assessment as follows: $3 per acre for 40 or fewer
			 acres, plus an additional $3 per acre for more than 40 acres but not more than
			 100 acres, plus an additional $2.50 per acre for more than 100 acres but not
			 more than 200 acres, plus an additional $2 per acre for more than 200
			 acres.
(2) The total license fee
			 shall not exceed $5,000.
(3) To
			 assist Christmas tree growers in determining their appropriate license fee, a
			 license fee calculator can be found at:
			 http://oda.state.or.us/dbs/christmas_tree_fee/calculator.lasso [File Link Not
			 Available]
Stat. Auth.: ORS
				  571.530
Stats. Implemented: ORS
				  571.530
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 54 - NURSERIES › Section 603-054-0040 - Intent

Current through Register Vol. 63, No. 7, July 1, 2024
Civil penalties encourage compliance with plant protection and
				marketing regulatory requirements. The intent of this civil penalty regulation
				is to implement the authority provided by the Oregon Legislature in order to
				protect Oregon's natural resources and enhance the marketing of our
				agricultural products. Communication is an important first step in reaching the
				Department of Agriculture's goal of educating the public and industry into
				compliance with its regulatory requirements. Occasionally, however, the
				violation is so obvious and threatening that stronger measures are appropriate
				in the first instance. Enforcement serves as an important, though usually
				secondary, educational tool.
Stat. Auth.: 1999 OL 390
Stats. Implemented: 1999 OL
				  390
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 54 - NURSERIES › Section 603-054-0045 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the definitions set forth in ORS
				561.005,
				570.005,
				570.105, and
				571.005, the following will
				apply:
(1) "Abatement": Action by a
			 person to comply with a cited violation of the rules or statutes.
(2) "Director": The Director of the
			 Department of Agriculture, or the Director's designee.
(3) "Good cause": Means a cause beyond the
			 reasonable control of the person. "Good cause" exists when it is established by
			 satisfactory evidence that factors or circumstances are beyond the control of a
			 rational and prudent person of normal sensitivity, exercising ordinary common
			 sense.
(4) "Magnitude of
			 Violation": Means the seriousness of a violation with respect to how it is
			 categorized. The prohibited acts shall be categorized as a Major violation,
			 Moderate violation, or Minor violation.
(5) "Repeat violation": A violation that has
			 not been fully corrected by the date ordered or subsequent violation of the
			 same rule, order or statute.
(6)
			 "Violation": The breach of a person's duty to comply with ORS chapters 561,
			 570, or 571 or any regulation, rule or order issued thereunder.
Stat. Auth.: 1999 OL 390
Stats. Implemented: 1999 OL
				  390
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 54 - NURSERIES › Section 603-054-0050 - Consolidation of Proceedings

Current through Register Vol. 63, No. 7, July 1, 2024
Each and every violation is a separate and distinct offense. In
				cases of continuing violations, proceedings for the assessment of multiple
				civil penalties for multiple violations against a person may be consolidated
				into a single hearing.
Stat. Auth.: 1999 OL 390
Stats. Implemented: 1999 OL
				  390
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 54 - NURSERIES › Section 603-054-0055 - Notice of Violation and Assessment of Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Notice of a violation shall inform the
			 person of the existence of a violation, the actions required to resolve the
			 violation and the consequences of continued non-compliance.
(2) The Director shall prescribe a reasonable
			 time for the abatement of a violation of ORS 561, 570 or 571. Upon timely
			 request, the Director may extend this time for good cause shown. The request
			 should state any good cause that supports the request.
(3) Violations occurring after the time
			 prescribed for the elimination of the violation shall be considered repeat
			 violations.
(4) Persons receiving a
			 notice of proposed civil penalty under these rules shall have twenty (20)
			 calendar days to request a hearing. If a request is not received on the 20th
			 day after the notice is served, the Department may issue a default order. The
			 Department file is designated as the record in cases of default.
(5) Notice of violation shall be in writing
			 and shall be sent by registered or certified mail to the last known address on
			 file with the Department of Agriculture. The notice shall include, but not be
			 limited to:
(a) A reference to the particular
			 section of the statute and/or administrative rule involved;
(b) A short and plain statement of the
			 matters asserted or charged;
(c) A
			 statement of the amount of the penalty or penalties assessed, and how it was
			 calculated;
(d) A person's right to
			 request a hearing within twenty (20) days of receipt of the notice and
			 explanation of how a hearing may be requested;
(e) A statement that the notice becomes a
			 final order unless the Department receives a written request for a hearing from
			 the person whom the civil penalty is addressed within twenty (20) days from the
			 receipt of the notice;
(f) A
			 statement that the person is entitled to an informal conference with the
			 Department to attempt resolution of the violation and penalty prior to
			 commencement of a formal contested case hearing.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 54 - NURSERIES › Section 603-054-0060 - Hearing Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
All hearings shall be conducted pursuant to the applicable
				contested case procedures as outlined in ORS
				183.310 to
				183.550 and the Attorney
				General's Uniform and Model Rules of Procedure (OAR Chapter 137,
				1999).
Stat. Auth.: 1999 OL 390
Stats. Implemented: 1999 OL
				  390
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 54 - NURSERIES › Section 603-054-0065 - Entry of Order and Appeal Rights

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a person, having received a notice of
			 violation(s), fails to request a hearing as specified in OAR
			 603-054-0055(5)(d), or if after the hearing the person is found to be in
			 violation of the provisions of these rules, a final order may be entered by the
			 department assessing a civil penalty.
(2) The Director or his/her designate shall
			 sign the order.
(3) The final
			 order, if not appealed or not sustained on appeal, shall constitute a judgement
			 and may be recorded with the county clerk in any county of this state. The
			 penalty provided in the order so recorded becomes a lien upon the title of any
			 interest and real property in the county owned by the person against whom the
			 order is entered.
Stat. Auth.: 1999 OL 390
Stats. Implemented: 1999 OL
				  390
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 54 - NURSERIES › Section 603-054-0070 - Civil Penalty Schedule Matrix

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to any other penalty provided
			 by law, the Director may assess a civil penalty for violation of any provision
			 of ORS Chapters 561, 570 and 571 relating to agricultural orders, quarantine
			 rules and regulations, director's exemptions, compliance agreements, control
			 area orders, failure to pay imported timber inspection fee, unlicensed activity
			 as grower, dealer or agent for the plant nursery, and unlicensed activity as a
			 Christmas tree grower. The amount of any civil penalty shall be determined
			 using the following matrix. The amount of an initial civil penalty shall not
			 exceed $5,000 and any subsequent civil penalties for a repeat occurrence of the
			 same prohibited act shall not exceed $10,000 per violation. [Matrix not
			 included. See ED. NOTE.]
(2)
			 Magnitude of violation: The commission of any prohibited act specified below
			 has been determined to be a violation of ORS Chapter 561, 570 or 571 and is
			 subject to a civil penalty. The commission of each prohibited act has been
			 categorized as to its magnitude of violation as follows:
(a) Major:
(A) Knowingly importing or transferring
			 infested or infected plant material, or other regulated items or regulated
			 organisms into or within Oregon in violation of an agricultural quarantine
			 order, quarantine rules and regulations, director's exemption, compliance
			 agreement, or control area order.
(B) Using falsified or altered certificates
			 or other official documents issued by a federal, state or county phytosanitary
			 official.
(C) Tampering with,
			 altering, misrepresenting or falsifying in any manner official documents issued
			 by a plant regulatory official.
(D)
			 Providing false information required for issuance of documents or official
			 certificates as required under agricultural quarantine orders, quarantine rules
			 and regulations, director's exemptions, compliance agreements, control area
			 orders, or imported timber products inspection program.
(E) Substituting uninspected plant material
			 or regulated items for plant material or regulated items covered by a
			 Department inspection.
(F) Willful
			 violation: a violation that is committed knowingly by a person, or the person's
			 agent, who intentionally or knowingly disobeys or recklessly disregards the
			 requirements of a statute, regulation, rule, or order.
(G) Repeat violations.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 54 - NURSERIES › Section 603-054-0075 - Mitigating Circumstances

Current through Register Vol. 63, No. 7, July 1, 2024
During the process of determining the amount of civil penalty
				to be assessed, the Director may take into consideration any factors which may
				have an influence on the particular case. Such factors may include whether the
				violation appears to be accidental or willful and repeated, whether the
				violation is a first time offense or if there is a history of violations and
				the degree of cooperation shown by the person involved in the
				violation.
Stat. Auth.: 1999 OL 390
Stats. Implemented: 1999 OL 390
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 54 - NURSERIES › Section 603-054-0080 - License Requirement for Persons Doing Landscaping Business

Current through Register Vol. 63, No. 7, July 1, 2024
The Department, as required by ORS
				571.045(2),
				hereby establishes that any person doing landscaping business that stores
				plants for more than one year, operates as a grower, dealer or agent, keeps
				plants for propagation, advertises nursery stock for sale, or sells nursery
				stock, must obtain a nursery license.
Stat. Auth.: ORS 561 & ORS 571
Stats. Implemented: ORS
				  571.045
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 54 - NURSERIES › Section 603-054-0085 - Pre-Notification of Imported Christmas Trees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Recipients of Christmas trees and cut
			 evergreen branches imported into the state of Oregon from any out-of-state
			 source are required to notify the Oregon Department of Agriculture.
			 Notification shall be via mail, FAX or e-mail to: Nursery Program Supervisor,
			 Plant Division, Oregon Department of Agriculture, 635 Capitol St. NE, Salem, OR
			 97301; FAX 503-986-4786; quarantine@oda.state.or.us.
(2) For purposes of this section, "Christmas
			 tree" is as defined in ORS
			 571.505(2).
(3) For the purposes of this section, cut
			 evergreen branches is defined as cut branches of any evergreen tree in the
			 genera of
Abies
,
Pinus
or
Pseudotsuga
. It does not include cut branches in wreaths or in
			 other manufactured products.
(4)
			 Notice under (1) of this section in advance of arrival of the shipment is
			 required and must be no later than two business days (Monday through Friday)
			 prior to its arrival. Notification shall include the species of Christmas
			 tree(s) or cut evergreen branches, origin, quantities, source, and recipient's
			 contact information. Copies of regular shipping documents, e.g. load lists,
			 with this information is required. ODA may approve alternative notification
			 systems if such systems allow ODA at least one business day to determine if an
			 inspection is necessary.
(5) ODA
			 will contact the recipient of the Christmas tree(s) or cut evergreen branches
			 within one business day of receipt of notification if the Christmas trees or
			 cut evergreen branches must be held for inspection in order to prevent the
			 introduction or spread of dangerous insects or other plant pests as provided in
			 ORS 570.305. Recipients are not
			 obligated to hold the imported Christmas tree(s) or cut evergreen branches for
			 inspection unless contacted directly by an ODA inspector, except that the
			 imported Christmas tree(s) or cut evergreen branches must not be sold or
			 distributed to untraceable buyers, e.g. final consumers, for two business day
			 after notifying ODA.
(6) No person
			 shall knowingly offer to sell Christmas tree stock or cut evergreen branches
			 that are infected or infested with dangerous pests as provided in ORS
			 571.575. Failure to comply with
			 this section may result in the penalties provided in ORS
			 571.995.
Statutory/Other Authority: ORS
				  570.305
Statutes/Other Implemented: ORS
				  561.190
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 55 - BEES AND OREGON STANDARDS OF BEE COLONY STRENGTH FOR COLONIES USED IN COMMERCIAL › Section 603-055-0100 - Apiary Registration Fees

Current through Register Vol. 63, No. 7, July 1, 2024
The following annual apiary registration fees are established
				by authority provided in ORS
				602.090: Every person who owns
				or is in charge of five or more colonies of bees located within this state must
				register the colonies with the Department of Agriculture. Each registration
				shall be accompanied by a fee, which shall cover each colony of bees owned by
				the registrant.
(1) For registrations
			 made before June 1 of each year, the annual registration fee shall be $10 per
			 registration and $0.50 per colony.
(2) The number of colonies that must be
			 registered shall be based on the high number of full strength colonies managed
			 within the state of Oregon at any time during the previous year.
(3) For registrations made after July 1 of
			 each year, the annual registration fee shall be $20 per registration and
			 $0.50per colony.
(4) All moneys
			 collected pursuant to ORS
			 602.090 shall be spent on
			 pollinator research that is predominately focused on honeybees.
Stat. Auth.: ORS
				  561.190 &
				  602.090
Stats. Implemented: ORS
				  602.090
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 55 - BEES AND OREGON STANDARDS OF BEE COLONY STRENGTH FOR COLONIES USED IN COMMERCIAL › Section 603-055-0200 - Definition

Current through Register Vol. 63, No. 7, July 1, 2024
As used in this rule, unless the context or a specially
				applicable definition requires otherwise: As defined in ORS
				602.010, "Colony" or "colonies
				of bees" refers to any hive occupied by bees and "hive" means any receptacle or
				container made or prepared for use of bees, or box or similar container taken
				possession of by bees, except for nucleus hives.
Stat. Auth.: ORS
				  561.190 &
				  602.090
Stats. Implemented: ORS
				  602.090
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 56 - HAY AND SEED › Section 603-056-0050 - Seed Dealer License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Both
			 retail seed dealers and wholesale seed dealers must obtain a seed dealer
			 license from the department prior to selling, offering for sale, or exposing
			 for sale any agricultural, flower, or vegetable seed.
(2) Before the department issues any seed
			 dealer license, a person shall submit a completed application and appropriate
			 annual license fee. The application shall include the following:
(a) Names and titles of each person
			 requesting the license. If the applicant is a partnership, corporation,
			 business entity, association, governmental subdivision, or public or private
			 organization, the applicant shall also submit the names and titles of each
			 partner, officer, agent, manager, and principle of that entity;
(b) Location(s) of the applicant, including a
			 mailing address and registered agent;
(c) Phone numbers of the applicant;
(d) Electronic mail address of the applicant
			 if available;
(e) Ownership
			 structure of the applicant, e.g. proprietorship, partnership, corporation,
			 limited liability company, etc.;
(f) If an applicant or any of its associated
			 officers, agents, or partners have had or have been found to have violated of
			 the Federal Seed Act, the Oregon Seed Law, or any other state's laws related to
			 agricultural, flower, or vegetable seed within the 36 months prior to the date
			 of the application, or if the applicant or any of its associated officers,
			 agents, or partners has received a penalty or penalties totaling $10,000 or
			 more related to agricultural, flower, or vegetable seed dealings or has been
			 placed on probation, had a license suspended, or had a license revoked for any
			 licenses related to agricultural, flower, or vegetable seed dealings.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 56 - HAY AND SEED › Section 603-056-0060 - Probation, Suspension, Revocation and Re-issuance of Seed Dealer License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to
			 any lawful penalty, the department may impose probation upon a licensee upon
			 issuance of a Notice of Imposition of Civil Penalty or upon issuance of a
			 Notice of Violation. The department shall impose probation upon any licensee
			 when a seed dealer license has been suspended or revoked, to become effective
			 upon reissuance of a suspended or revoked license.
(a) When imposed, probation shall be
			 established for the purpose of requiring, monitoring, and documenting of
			 corrective actions of the licensee which relate to violations of the Oregon
			 Seed Law or for requiring, monitoring, and documenting compliance with the
			 Oregon Seed Law.
(b) The department
			 will base the decision of whether to impose probation on whether it determines
			 that probation would be appropriate and beneficial for requiring, monitoring,
			 and documenting corrective actions or for requiring, monitoring, or documenting
			 compliance with the Oregon Seed Law. The department shall base the decision of
			 and the duration of a probationary period on consideration the magnitude of
			 violation as described in OAR 603-056-0540 and the gravity of circumstance as
			 described in OAR 603-056-0540 as follows:
(A)
			 Up to one year a Category III (Minor) violation where the department issued
			 either a Notice of Violation or Notice of Imposition of Civil Penalty of less
			 than $2,500.
(B) One to three years
			 for the following:
(i) Category III (Minor)
			 violation where the department issued a Notice of Imposition of Civil Penalty
			 greater than or equal to $2,500; or
(ii) Category II (Moderate) violation where
			 the department issued a Notice of Violation; or
(iii) Category II (Moderate) violation where
			 the department issued a Notice of Imposition of Civil Penalty less than
			 $20,000.
(C) Three to
			 five years for the following:
(i) Category II
			 (Moderate) violation where the department issued a Notice of Imposition of
			 Civil Penalty greater than or equal to $20,000; or
(iii) Any Category I (Major) violation where
			 the department issued a Notice of Violation or Notice of Imposition of Civil
			 Penalty.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 56 - HAY AND SEED › Section 603-056-0095 - Seed Dealer License Fees

Current through Register Vol. 63, No. 7, July 1, 2024
The following designated annual license fees shall be
				applicable to each described activity under authority of ORS
				633.700:
(1) Seed retailer: $40; and
(2) Seed wholesaler: $750.
Stat. Auth.: ORS
				  561.190 &
				  633.700
Stats. Implemented: ORS
				  633.700
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 56 - HAY AND SEED › Section 603-056-0101 - Record keeping

Current through Register Vol. 63, No. 7, July 1, 2024
The following recordkeeping obligations apply to seed dealers
				and seed conditioners:
(1) Seed
			 dealers and seed conditioners shall keep a complete record for each lot of seed
			 for a period of three years after the final disposition of the lot of
			 seed.
(2) Seed dealers and seed
			 conditioners shall make available to the department any records that they are
			 required to keep under this section upon request of the department. In addition
			 to committing a violation and being subject to enforcement action for that
			 violation, persons who fail to make available records to the department shall
			 be considered uncooperative for the purposes of determining gravity of
			 circumstance as described in OAR 603-056-540 and civil penalty amount as
			 described in OAR 603-056-540 for any violation that is related to the records
			 that were not made available.
(3)
			 Any person who is involved in seed dealings shall make available to the
			 department upon request, any records or documents related to their own
			 transactions with respect to each lot of seed.
Statutory/Other Authority: ORS
				  633.680 & ORS 561
Statutes/Other Implemented: ORS
				  633.680
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 56 - HAY AND SEED › Section 603-056-0105 - Labeling of Seed Containers

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The labeling of seed containers or bins, required by ORS
			 633.520,
			 633.531,
			 633.541 and
			 633.545, shall not be smaller
			 than eight point type.
(2) The
			 person who sells, offers for sale or transports agricultural or vegetable seed
			 within this state shall be responsible for the required labeling.
(3) In addition to the statutory labeling
			 requirements, seed packaged in hermetically sealed containers shall also be
			 labeled to indicate that the seed has been preconditioned as to moisture
			 con-tent and that the container has been hermetically sealed. The hermetically
			 sealed containers may also be labeled with the statement "germination test
			 valid until (month and year)," but the date shall not be more than 36 months
			 after the test date.
(4) As
			 provided in ORS 633.520(1), in
			 addition to the name of the kind, the following seeds shall be labeled with one
			 of the variety names or the statement "variety not stated": Alfalfa;
			 Bahiagrass; Barley; Bean, field; Beet, field; Brome, smooth; Broomcorn; Clover,
			 crimson; Clover, red; Clover, white; Corn, field; Corn, pop; Cotton; Cowpea;
			 Fescue, tall; Flax; Lespedeza, striate; Millet, foxtail; Millet, pearl; Oat;
			 Pea, field; Peanut; Rice; Rye; Safflower; Sorghum; Sorghum-Sundangrass, hybrid;
			 Soybean; Sudangrass; Sunflower; Tobacco; Trefoil, birdsfoot; Wheat, common; and
			 Wheat, durum. In the event two or more varieties of agricultural seed are
			 packaged in one container, the label shall contain the kind, variety and
			 percentage of each, in addition to the term "mixture" or "mixed
			 seed."
Stat. Auth.: ORS 561 & ORS 633
Stats. Implemented: ORS
				  633.520, ORS
				  633.531, ORS
				  633.541& ORS
				  633.545
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 56 - HAY AND SEED › Section 603-056-0125 - Lot Sizes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In order to
			 facilitate the Department's activities under ORS
			 633.670 and
			 633.680, the following
			 agricultural seeds shall be limited to lot sizes of 55,000 pounds each:
(a) Bentgrass (
Agrostis
species);
(b) Bluegrass
			 (
Poa
species);
(c)
			 Brome, smooth (
Bromus
species);
(d) Clover (
Trifolium
species);
(e) Fescue
			 (
Festuca
species);
(f) Meadow Foxtail (
Alopecurus
			 pratensis
);
(g)
			 Orchardgrass (
Dactylis glomerata
);
(h) Ryegrass, perennial (
Lolium
			 perenne
);
(i) Timothy
			 (
Phleum pratense
);
(j) Wheatgrass (
Agropyron
species);
(k) Ryegrass, Annual or
			 Italian (
Lolium-multiflorum
);
(l) Ryegrass, Wimmera (
Lolium
			 rigidum
);
(m) Vetch, Hairy
			 (
Vicia villosa
);
(n) Vetch, Other (
Vicia
spp.).
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 56 - HAY AND SEED › Section 603-056-0130 - Labeling of Sod Quality for Varieties of Agricultural Seed

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the labeling requirements of ORS
				633.520 and rules promulgated
				thereunder, and in the event seed is found to meet the sod quality standards
				established by the Department, the seed varieties as described in OAR
				603-056-0145, may be labeled as "Oregon Sod Quality Seed" by the permanent
				attachment of a tag, as prescribed in OAR 603-056-0135, to the container
				thereof. As used in this rule "permanent" means until delivery of the seed to
				the ultimate purchaser.
Stat. Auth.: ORS 561 & ORS 633
Stats. Implemented: ORS
				  633.680
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 56 - HAY AND SEED › Section 603-056-0135 - Description and Use of Tags for Sod Quality Seed

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The official tag referred to in OAR
			 603-056-0130 shall be prepared and issued by the Department; be numerically
			 identified; and set forth the kind and variety, lot number and date of
			 issuance. Duplicate tags shall be attached to each container of the lot of seed
			 qualifying as sod quality. No person shall attach such tag to any container or
			 lot not qualifying as therein indicated nor remove such tag prior to delivery
			 of the seed to the ultimate purchaser.
(2) A sample form of the tag is herewith
			 reproduced for informational purposes (coloring of which may be modified). (See
Exhibit 1
.)
The Exhibit(s) referenced in this rule is not printed in the
				  OAR Compilation. Copies are available from the
				  agency.
Stat. Auth.: ORS 561 & ORS 633
Stats. Implemented: ORS
				  633.680
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 56 - HAY AND SEED › Section 603-056-0140 - Application, Fees, and Procedures for Sod Quality Qualification

Current through Register Vol. 63, No. 7, July 1, 2024
Any person desiring to have his seed qualify as "Oregon Sod
				Quality Seed" shall:
(1) Request the
			 Department or Oregon State University obtain seed samples for this purpose.
			 Should such sampling be apart from and in addition to that performed by the
			 Department or Oregon State University in their regulatory or other
			 certification activity, the person requesting such sampling shall pay to the
			 Department the fees chargeable for sampling under OAR 603-056-0305. In
			 addition, such person shall pay to the Department a fee of $.20 each for the
			 issuance of the tags described in OAR 603-056-0135.
(2) The testing of such seed samples obtained
			 shall be performed by authorized personnel of Oregon State University in
			 accordance with the standards prescribed in OAR 603-056-0145.
(3) The person requesting such seed
			 qualification shall be responsible for having a copy of the seed test results
			 communicated by Oregon State University to the Department.
(4) If the sample subject to testing for
			 "Oregon Sod Quality Seed" qualification is from a regularly Certified Seed lot,
			 only part of which is to be qualified as "Oregon Sod Quality Seed," then a
			 separate sample shall be required from that part of the lot to be so
			 qualified.
(5) Notwithstanding any
			 other provisions of this section, the Director may accept sod quality testing
			 results from laboratories that are recognized by Oregon State University for
			 Seed Certification testing.
Stat. Auth.: ORS
				  561.190, ORS 632 & ORS
				  633.680
Stats. Implemented: ORS
				  633.680
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 56 - HAY AND SEED › Section 603-056-0145 - Standards for Sod Quality Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The seed lots submitted shall meet all
			 standards for certification by Oregon State University.
(2) The seed standards for "Oregon Sod
			 Quality Seed" of hard fescue, sheep fescue, blue fescue, Kentucky bluegrass,
			 red fescue, chewings fescue, perennial ryegrass, bentgrass and tall fescue
			 shall be as set out in Table 1.
(3)
			 "Noxious Weed" and "Crop and Weed" analyses shall be based on a 20 gram sample
			 for hard fescue, sheep fescue and blue fescue, 25 gram sample for Kentucky
			 bluegrass (except a 10 gram Poa annua search), 30 gram sample for red fescue
			 and chewings fescue, 50 gram sample for ryegrass and tall fescue, and a 2-1/2
			 gram sample for bentgrass. Testing shall be discontinued when results of the
			 tests exceed the maximum limits set forth in Table 1.
Tables referenced are not included in rule text.
Click here for PDF
				  copy of table(s)
.
Stat. Auth.: ORS
				  561.190 &
				  633.520
Stats. Implemented: ORS
				  633.680
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 56 - HAY AND SEED › Section 603-056-0160 - Labeling of Endophyte Fungus Tested Grass Seed

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to the labeling requirements
			 of ORS 633.520, and rules promulgated
			 thereunder, and in the event forage grass seed is found to meet the tolerance
			 standard for endophyte fungus, as specified in OAR 603-056-0170(3), then the
			 forage grass seed may be labeled as having been satisfactorily tested for
			 endophyte fungus through the attachment of a tag prescribed in section (2) of
			 this rule.
(2) The tag referred to
			 in section (1) of this rule shall be prepared and issued by the Department, be
			 numerically identified, and set forth the date, lot number and kind of seed.
			 Duplicate tags shall be attached to each container of the lot of qualifying
			 seed. A sample form of the prescribed tag is herewith reproduced for
			 informational purposes (see
Exhibit 2
). An applicant for
			 endopyhyte fungus testing shall pay the Department a fee of $.20 for each tag
			 or duplicate tag issued.
The Exhibit(s) referenced in this rule is not printed in the
				  OAR Compilation. Copies are available from the
				  agency.
Stat. Auth.: ORS
				  561.190 & ORS
				  633.680
Stats. Implemented: ORS
				  633.680
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 56 - HAY AND SEED › Section 603-056-0165 - Application and Fees for Endophyte Fungus Testing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An application for endophyte fungus
			 testing shall be made on a form prescribed by the Department, which shall
			 include the consent of the applicant for the Department to enter premises in
			 order to obtain seed samples for testing purposes.
(2) At the time seed samples are obtained,
			 unless the Department specifies a later time, the applicant shall pay to the
			 Department a fee as set forth in 603-052-1150. The fees specified in this rule
			 are for the purpose of defraying expenses incurred by the Department, and any
			 other cooperating agency, in carrying out the sampling and testing procedures
			 to determine the existence of endophyte fungus in forage grass seed, and
			 payment of the fee shall not be construed as granting any right or privilege to
			 an applicant.
Stat. Auth.: ORS
				  561.190 & ORS
				  633.680
Stats. Implemented: ORS
				  633.680
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 56 - HAY AND SEED › Section 603-056-0170 - Procedures and Tolerance Standard for Endophyte Fungus Testing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Sampling of
			 forage grass seed shall be performed by the Department on a random basis so as
			 to obtain a representative sample of the lot of seed. Sampling procedures shall
			 be consistent with those set forth in the
Joint Rules and Regulations for
			 the Enforcement of the Federal Seed Act,
7 CFR Section 201.201 -
			 201.230.
(2) Testing of forage
			 grass seed samples shall include the seed staining technique or other
			 scientifically recognized diagnostic tests for the presence of endophyte fungus
			 in grass seed. Testing shall be performed by the Department, or in whole or in
			 part by such other cooperating agency it may designate.
(3) A forage grass seed sample shall be
			 considered satisfactorily tested for endophyte fungus,
Epichloe
			 typhina
(
Acremonium coenophialum
), or the metabolites
			 thereof, if the test of the seed sample indicates a level of five percent or
			 less.
Publications: The publication(s) referred to or incorporated
				  by reference in this rule are available from the
				  agency.
Stat. Auth.: ORS 561 & ORS 633
Stats. Implemented: ORS
				  633.680
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 56 - HAY AND SEED › Section 603-056-0205 - Prohibited and Restricted Noxious Weed Seed

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As provided in ORS
			 633.561 and
			 633.571, the following are
			 declared as prohibited noxious weed seeds:
(a) Austrian peaweed (
Sphaerophysa
			 salsula
);
(b) Bearded
			 creeper (
Crupina vulgaris
);
(c) Bindweed or wild morningglory
			 (
Convolvulus arvensis
);
(d) Camelthorn (
Alhagi
			 camelorum
);
(e) Dalmatian
			 toadflax (
Linaria dalmatica
);
(f) Dyers woad (
Isatis
			 tinctoria
);
(g)
			 Fieldcress, Austrian (
Rorippa austriaca
);
(h) Garlic, wiId (
Allium
			 vineale
);
(i) Goatgrass,
			 jointed (
Aegilops
spp.);
(j) Halogeton (
Halogeton
			 glomeratus
);
(k) Italian
			 and slenderfIower thistle (
Carduus pycnocephalus
and
C. tenuiflorus
)
(l) Knapweeds Russian, diffuse, spotted and
			 squarrose (
Centaurea [=Acroptilon] repens, C. diffusa, C.
			 maculosa
and
C. virgata
);
(m) Musk thistle (
Carduus
			 nutans
);
(n) Perennial
			 pepperweed (
Lepidium latifolium
);
(o) Quackgrass (
Elytrigia
			 [=Agropyron] repens
);
(p)
			 Ragwort, tansy (
Senecio jacobaea
);
(q) Serrated tussock (
Nasella
			 trichotoma
);
(r)
			 Skeletonweed (
Chondrilla juncea
);
(s) Sowthistle, perennial (
Sonchus
			 arvensis
);
(t) Spurge,
			 leafy (
Euphorbia esula
);
(u) Starthistles, Malta, yellow, Iberian and
			 purple (
Centaurea melitensis, C. solstitialis, C. iberica
and
C. calcitrapa
);
(v) Thistle, Canada (
Cirsium
			 arvense
);
(w) White top
			 (
Cardaria draba
and its varieties, and
C.
			 pubescens
).
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 56 - HAY AND SEED › Section 603-056-0210 - Embargo, Seizure, Detention or Quarantine of Seed

Current through Register Vol. 63, No. 7, July 1, 2024
Any embargo or seizure of agricultural seed or vegetable seed
				under the authority of ORS
				633.670(3), and
				any quarantine or detention of agricultural seed or vegetable seed under the
				authority of ORS 633.690, shall conform to the
				requirements of ORS 561.605 to
				561.630 relating to the exercise
				of the Department's seizure, detention and embargo powers.
Stat. Auth.: ORS 561 & ORS 633
Stats. Implemented: ORS
				  633.680
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 56 - HAY AND SEED › Section 603-056-0305 - Regular Fees and Charges for Seed Sampling and Inspection

Current through Register Vol. 63, No. 7, July 1, 2024
The following fees and charges are established for the services
				indicated. For Official Verification services, including but not limited to:
				fumigation, seed treatment, check-weighing and check loading, a charge of $48
				per hour shall apply. Chargeable time shall be computed to the nearest one-half
				hour, but shall not include travel time from the Department office to an
				inspection point.
For Official Sampling services, a charge of $36 minimum shall
				apply for each call:
(1) $36 for the
			 first lot sampled;
(2) $6 for each
			 additional lot sampled;
(3) In
			 instances were the first lot sampled and subsequent additional lots sampled
			 equal an amount less than $48 per hour; an hourly charge of $48 per hour shall
			 apply. Chargeable time shall be computed to the nearest one-half hour, but
			 shall not include travel time from the Department office to an inspection
			 point.
(4) The Department shall
			 charge a fee of $50, for each occurrence, when services are requested and the
			 seed lot is inaccessible.
Stat. Auth.: ORS
				  561.190, 632 &
				  633.680
Stats. Implemented: ORS 561, 632 &
				  633.680
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 56 - HAY AND SEED › Section 603-056-0310 - Phytosanitary Certificates

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Certificate issuance (five copies) - $5.
(2) Each additional copy - $1.
(3) Each lot must be officially sampled and
			 the sample must be current; complete information necessary for issuance of the
			 certificate must be received by the Department in writing; and in the case of
			 seed, an official seed laboratory report received indicating the lot meets
			 import requirements of the receiving country prior to issuance. Field
			 inspections are required for some seed exported to some countries.
Stat. Auth.: ORS
				  561.190, ORS 632 & ORS
				  633.680
Stats. Implemented: ORS 561, ORS 632 & ORS
				  633.680
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 56 - HAY AND SEED › Section 603-056-0315 - Field Inspection Fees and Charges Relating To Seed

Current through Register Vol. 63, No. 7, July 1, 2024
The fees and charges for seed field inspections required for
				the issuance of certificates by the Department are established at $6.50 per
				acre for each field with a minimum fee of $50 for each field inspected and a
				maximum fee of $450 per field. The fee for processing all applications for
				field inspection shall be $3 for each application; this includes applications
				for inspecting bean seed fields for certification for replanting in Malheur
				County. Bean seed fields inspected for certification for replanting in Malheur
				County shall have inspection fees of $3.50 per acre per inspection with a
				minimum per field charge of $30. Applications must be postmarked by April 1 for
				fall planted or perennial crops and May 1 for spring planted crops. Late
				applications may be charged the established rate for time and mileage, which is
				higher than the fees listed above.
Stat. Auth.: ORS 561, 632 & 633
Stats. Implemented: ORS 561, 632 &
				  633.680
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 56 - HAY AND SEED › Section 603-056-0320 - Miscellaneous Fees and Charges for Seed Sampling and Inspection

Current through Register Vol. 63, No. 7, July 1, 2024
In the event the conditions of the request, or in the event an
				applicant's failure to have seed, hay or straw available for inspection or
				service at the designated time and place, results in the need for additional
				mileage or time, such shall be charged in accordance with the regular fees and
				charges prescribed in OAR 603-056-0305.
Stat. Auth.: ORS 561, ORS 632 & ORS 633
Stats. Implemented: ORS 561, ORS 632 & ORS
				  633.680
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 56 - HAY AND SEED › Section 603-056-0400 - Germination of Vegetable Seeds

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Oregon Standards of germination percentages as established are as follows:
Kind of Seed -- Oregon Standard Germination
:
(a) Asparagus -- 70;
(b) Beans (other than Limas) -- 70;
(c) Beans, Lima (large) -- 70;
(d) Beans, Lima (small) -- 80;
(e) Beets -- 65;
(f) Broccoli -- 75;
(g) Brussels Sprouts -- 70;
(h) Cabbage -- 75;
(i) Carrot -- 55;
(j) Cauliflower -- 75;
(k) Celery -- 55;
(l) Celery cabbage -- 75;
(m) Celeriac -- 55;
(n) Chard, Swiss -- 65;
(o) Chicory -- 65;
(p) Citron -- 65;
(q) Collard -- 80;
(r) Corn (sweet) -- 75;
(s) Cucumber -- 80;
(t) Dill -- 60;
(u) Egg plant -- 60;
(v) Endive -- 70;
(w) Kale (edible) -- 75;
(x) Kohl Rabi -- 75;
(y) Leek -- 60;
(z) Lettuce -- 80;
(aa) Muskmelon -- 75;
(bb) Mustard -- 75;
(cc) Okra -- 50;
(dd) Onion -- 70;
(ee) Parsley -- 60;
(ff) Parsnip -- 60;
(gg) Peas -- 80;
(hh) Peppers -- 55;
(ii) Pumpkin -- 75;
(jj) Radish -- 75;
(kk) Rutabaga -- 75;
(ll) Salsify -- 75;
(mm) Spinach -- 60;
(nn) Squash -- 75;
(oo) Tomatoes -- 75;
(pp) Turnips -- 80;
(qq) Watermelons -- 70.
Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 56 - HAY AND SEED › Section 603-056-0410 - Germination Tests

Current through Register Vol. 63, No. 7, July 1, 2024
The germination test for agricultural and vegetable seed in
				hermetically sealed containers shall have been completed within the following
				period, exclusive of the calendar month in which the test was completed,
				immediately prior to shipment, delivery, transportation, or sale:
(1) In the case of agricultural or vegetable
			 seeds shipped, delivered, transported, or sold to a dealer for resale, 18
			 months;
(2) In the case of
			 agricultural or vegetable seeds for sale or sold at retail, 36
			 months.
Stat. Auth.: ORS
				  561.190 & ORS
				  633.680
Stats. Implemented: ORS
				  633.680