Oregon Administrative Rules › Chapter 603 - DEPARTMENT OF AGRICULTURE › Division 56 - HAY AND SEED › Section 603-056-0030 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Unless the context clearly requires otherwise, the following
				definitions apply to all rules in this chapter 603, division 56:
(1) "Agricultural Seed" means fiber, forage,
			 and grass crop seed and any other kind of seed or bulblet commonly recognized
			 in this state as agricultural, lawn, or turf seed, and mixtures of any such
			 seed.
(2) "Certified," as applied
			 to agricultural, vegetable, or cereal grain seed, means inspected and labeled
			 by, and in accordance with, the standards and rules and regulations adopted by
			 the Oregon State University Seed Certification Program, or in accordance with
			 similar standards established by some similar regularly constituted authority
			 in another state or county.
(3)
			 "Conditioner" means any person who cleans, dries, blends, bags, treats, or
			 stores seed.
(4) "Complete record"
			 means any and all information which relates to the origin, treatment,
			 viability, kind and variety of each lot of agricultural, vegetable, or flower
			 seed sold in this state. Such information includes seed samples and records of
			 declarations, labels, purchase and sales records, conditioning, bulking, and
			 treatment records, handling and storage records, analyses, copies of tests, and
			 examination records.
(5)
			 "Department" means the Oregon Department of Agriculture.
(6) "Director" means the Director of the
			 department or the Director's agent.
(7) "Enforcement" means any documented action
			 taken by the department to address a violation.
(8) "Federal Seed Act" means
			 7 USC
			 §§
									1551 to
			 1611
			 (1994) and
			 7 CFR §§
									201.1 to
			 201.78
			 (2011).
(9) "Flagrant" means any
			 violation where the person had knowledge of the law requires and committed a
			 violation regardless of that knowledge.
(10) "Flower seed" means seeds of herbaceous
			 plants grown for their blooms, ornamental foliage, or other ornamental parts,
			 and commonly known and sold in this state under the name of flower or
			 wildflower seeds. Flower seed is not vegetable seed.
(11) "Gravity of circumstance" is the ranking
			 of a violation with respect to its effect, or potential effect, on the public
			 interests reflected in ORS chapter 633. The department ranks a violation as
			 high, medium, or low.
(12) "Inert
			 Matter" includes stone, dirt, leafage, stems, badly broken seed, other similar
			 matter and masses of spores. Inert matter is not agricultural seed, vegetable
			 seed, or other crop seed.
(13)
			 "Intentionally" means the person acts, or fails to act, with a deliberate or an
			 express purpose to commit the action.
(14) "Knowingly" means the person acts, or
			 fails to act, with a practical understanding of, or a distinct skill in, the
			 general activity that was obtained through such means as instruction, study,
			 practice, or experience.
(15)
			 "Labeling" is all printed, written, or graphic representations in any form on
			 the container of any seeds or accompanying or pertaining to any seeds, whether
			 in bulk or in containers, and includes representations on invoices.
(16) "Letter of Advisement" is a written
			 notice issued by the department that informs a person that the department has
			 made a preliminary determination that a violation may be occurring and informs
			 the person of the potential consequences of any such violation. The Letter of
			 Advisement shall also inform a person of possible corrective actions that may
			 be taken and possible consequences of non-compliance with proposed corrective
			 actions. A Letter of Advisement may be followed by a a Notice of Violation or
			 Notice of Imposition of Civil Penalty.
(17) "Magnitude of Violation" is the
			 categorization of the severity of a violation in relation to other types of
			 violations after considering its potential to affect the public interests
			 reflected in ORS chapter 633. The department categorizes a violation as major,
			 moderate, or minor.
(18) "Notice of
			 Violation" means a written notice issued by the department that informs a
			 person of the existence of a violation, required corrective actions, and the
			 consequences of non-compliance.
(19) "Notice of Imposition of Civil Penalty"
			 means a written notice issued by the department that informs the person of the
			 existence of a violation and imposes a civil penalty for the violation. The
			 Notice of Civil Penalty shall inform the person of how the civil penalty was
			 calculated and may require corrective action.
(20) Oregon Seed Law means Oregon Revised
			 Statutes 633.511 to 633.996 and Oregon Administrative Rules Chapter 603
			 Division 56.
(21) "Licensee" is any
			 person, including any officer or representative of the licensed entity, that
			 holds a license. A licensee specifically includes, but is not limited to, any
			 of the following individuals of a licensed entity:
(a) A president, vice president, secretary,
			 treasurer or director of a corporation;
(b) A general partner in a limited
			 partnership;
(c) A manager in a
			 manager-managed limited liability company;
(d) A member of a member-managed limited
			 liability company;
(e) A
			 trustee;
(f) A person or group of
			 persons who direct or cause the direction of the management and policies of a
			 licensed seed dealer person, whether through ownership of voting securities, by
			 contract or otherwise.