US Laws, Codes, Statutes & Cases

Chapter 633 — Grades, Standards and Labels for Feeds, Fertilizers and Seeds

 

2005 EDITION

 

 

FEEDS, FERTILIZERS AND SEEDS

 

FOOD AND OTHER COMMODITIES

 

COMMERCIAL ANIMAL FEEDS

 

633.006     Definitions for ORS 633.006 to 633.089

 

633.015     Registration of commercial feed required; fee

 

633.026     Labeling requirements for commercial feed other than custom mixed feed; rules

 

633.028     Information required to accompany custom mixed feed; rules; records

 

633.029     Registration required for animal feed manufacturers and distributors; fee; exemption by rule for persons not using drugs in feeds

 

633.037     Records required of licensees; records inspection by department

 

633.045     Adulterated commercial feeds prohibited

 

633.055     Misbranding commercial feed prohibited; rules for definitions of identity and label disclosures

 

633.065     Department to test commercial feeds

 

633.067     Commercial feed law administration and enforcement; rules

 

633.077     Testing and analysis of bulk commercial feed and custom mixed feed; disclosure of test or analysis results

 

633.083     Cooperation with governmental units

 

633.088     Withdrawal from distribution of feeds sold or distributed in violation of law; seizure of noncomplying feeds

 

633.089     Disposition of moneys received by department

 

FERTILIZERS AND OTHER SOIL-ENHANCING PRODUCTS

 

633.311     Definitions for ORS 633.311 to 633.479 and 633.994

 

633.315     Applicability of ORS 633.311 to 633.479 and 633.994

 

633.318     Licensing of manufacturers and bulk distributors; application; fee; change of location

 

633.321     Labeling requirements for fertilizer, agricultural mineral, agricultural amendment and lime products

 

633.331     Additional labeling requirements for lime products

 

633.336     Additional labeling requirements for agricultural amendment

 

633.341     Additional labeling requirements for agricultural mineral

 

633.344     Label guarantees of additional plant nutrients

 

633.351     Sale of animal byproducts

 

633.362     Registration of fertilizer, agricultural amendment, agricultural mineral and lime products; application; fee; expiration; product contents

 

633.364     Confidentiality of certain information supplied in application for registration

 

633.366     Prohibitions; mislabeled products; adulterated products

 

633.371     Disposition of revenues

 

633.385     Department access; sampling of products

 

633.388     Reports of official sample

 

633.441     Rules

 

633.445     Orders preventing sale or other disposition of product; seizure; hearing

 

633.461     Inspection fees; statement of distributions; failure to pay inspection fee; collection fee; record keeping

 

633.471     Report of lime product sales and distributions; collection fee

 

633.476     Record keeping for custom mix products; inspection

 

633.479     Fertilizer Research Committee

 

SEEDS

 

633.511     Definitions for ORS 633.511 to 633.750

 

633.520     Labeling agricultural seed

 

633.531     Labeling vegetable seed weighing one pound or less

 

633.541     Labeling vegetable seed weighing more than one pound

 

633.545     Labeling bins and bulk displays

 

633.550     Exemptions from labeling provisions

 

633.561     Preparation of list of prohibited noxious weed seeds and restricted noxious weed seeds

 

633.571     Changes in lists; publication of changes

 

633.580     Seed testing laboratory; cooperative agreements with federal agency

 

633.600     Fees for seed tests; rules and regulations

 

633.610     Seed testing fund

 

633.620     Certification of seeds, tubers and plants; fees

 

633.630     Certification fund

 

633.640     Dean may employ assistants

 

633.651     Prohibited acts

 

633.655     When penalties not applicable

 

633.660     Enforcement and administration

 

633.670     Inspection and sampling of seeds; seizure of seeds; report of test

 

633.680     Establishment of standards of germination; rules and regulations; fees and charges

 

633.690     Quarantine of seed entering state; disposition of nonconforming seed

 

633.700     Licenses required to sell seed; fees

 

633.720     Sampling and testing on request of owner of seed

 

633.750     Disposition of fees and charges paid under ORS 633.511 to 633.750

 

PENALTIES

 

633.992     Criminal penalties

 

633.994     Civil penalties for fertilizer law violations

 

633.996     Civil penalty for seed law violation

 

COMMERCIAL ANIMAL FEEDS

 

      633.005 [1961 c.314 §1; repealed by 1967 c.591 §1 (633.006 enacted in lieu of 633.005)]

 

      633.006 Definitions for ORS 633.006 to 633.089. As used in ORS 633.006 to 633.089, unless the context requires otherwise:

      (1) “Animal feed manufacturing plant” means:

      (a) Any business, establishment, building, plant or place where commercial feed for animals is manufactured, mixed, processed or packed.

      (b) Vehicles used in transporting commercial feed or components or ingredients thereof, machinery, equipment, utensils, implements, or other items, articles or materials used in the business or operation.

      (c) The ground upon which the operation or business is carried out and other ground not adjacent thereto that is a part of the business or operation under the same entity or ownership.

      (2) “Brand” means any word, name, symbol or device or any combination thereof identifying and distinguishing the commercial feed of a distributor from the feed of other distributors.

      (3) “Bulk” is the sale, offering or exposing for sale or delivery of commercial feeds, in:

      (a) Open containers, closed or open tote boxes, closed or open tanks, closed or open trailers, all of which may be further described or defined by the State Department of Agriculture; or

      (b) Other types of containers, vehicles or conveyances defined or recognized by the department.

      (4) “Commercial feed” means any material that is distributed for use as feed, or as a feed ingredient for mixing in feed for animals, or any feed additive concentrate, feed additive supplement, feed additive premix, or premix, except:

      (a) Unmixed seeds, whole or processed, made directly from the entire seed.

      (b) Hay, straw, stover, cobs, husks, screenings and hulls, when unground or unmixed with other materials.

      (c) Feed for dogs, cats, birds or fish maintained as household pets.

      (d) Silage, or materials containing at least 60 percent water.

      (e) Individual chemical compounds not mixed with other materials. This exemption, however, does not cover or extend to phosphate, urea or ammonium compounds that are recommended for animal feeding purposes.

      (5) “Contract feeder” means an independent contractor or other person who feeds commercial feed to another person’s animals pursuant to an oral or written agreement whereby the commercial feed is distributed to the contractor or other person by any distributor and whereby the contractor or other person’s remuneration is determined all or in part by feed consumption, mortality, profits or amount or quality of animals produced. “Contract feeder” does not include a bona fide employee of a manufacturer or distributor of commercial feed.

      (6) “Custom mixed feed” means any mixture of materials, substances or ingredients described or set forth under the definition of commercial feed, each lot of which is mixed according to the specific instructions of, or prescribed for the specific use of, the final consumer.

      (7) “Department” means the State Department of Agriculture.

      (8) “Distribute” means to offer for sale, sell or barter commercial feed or to supply, furnish or otherwise provide commercial feed to a contract feeder.

      (9) “Distributor” means a person who distributes commercial feed.

      (10) “Drug” means any substance:

      (a) Intended or represented for the cure, mitigation, treatment or prevention of disease of animals;

      (b) Intended to affect the structure of any function of the body of an animal; or

      (c) So defined by rule of the department.

      (11) “Feed ingredient” means each of the constituent materials making up a commercial feed.

      (12) “Final consumer” means a person that feeds animals that are under the control or ownership of that person.

      (13) “Ground” means a condition resulting from crushing, rolling, chopping or grinding.

      (14) “Label” means a display of written, printed or graphic matter placed on or affixed to the container in which a commercial feed is distributed, or on the invoice or delivery slip with which a commercial feed is distributed.

      (15) “Manufacture” means to grind, chop, crush, roll, cube, flake, extrude, cook, pelletize, mix or otherwise process feed ingredients.

      (16) “Mineral feed” means a substance or mixture of substances designed or intended to supply primarily mineral elements or inorganic nutrients.

      (17) “Official sample” means any sample of feed taken by the department and designated as “official” by the department.

      (18) “Percent” or “percentage” means percentage by weight.

      (19) “Sell” or “sale” includes exchange. [1967 c.591 §2 (enacted in lieu of 633.005); 1973 c.342 §2; 1979 c.116 §1; 1995 c.79 §322; 2001 c.137 §4]

 

      633.010 [Repealed by 1961 c.314 §12]

 

      633.011 [1967 c.591 §10; repealed by 1971 c.489 §11]

 

      633.015 Registration of commercial feed required; fee. (1) A person may not distribute a nonregistered commercial feed. Every brand, and each formula or formulation thereof, of commercial feeds manufactured, compounded, delivered or distributed in this state must be registered with the State Department of Agriculture. The distributor must submit an application for registration on forms furnished by the department. If the department so requests, the distributor must submit the label or a facsimile of the label and other printed matter describing the product. Upon approval by the department, a certificate of registration shall be furnished to the distributor. All registrations expire on December 31 of each year. The application must include the information required by ORS 633.026 (1)(a) to (f) and such other information as the department may require.

      (2) A distributor is not required to register any brand of commercial feed that has been registered under ORS 633.006 to 633.089 and 633.992 by another person.

      (3) Changes in the guarantee of either chemical or ingredient composition of a registered commercial feed may be permitted, if there is satisfactory evidence that such changes would not result in a lowering of the feeding value of the product for the purpose for which designed.

      (4) The department may refuse registration of any commercial feed if the application is not in compliance with the provisions of ORS 633.006 to 633.089 and 633.992. The department may cancel any registration subsequently found not to be in compliance with any provision of ORS 633.006 to 633.089 and 633.992. The department shall give the registrant reasonable opportunity to be heard before the department and to amend the application in order to comply with the requirements of ORS 633.006 to 633.089 and 633.992.

      (5) Custom mixed feeds are exempt from registration.

      (6) Each application for registration must be accompanied by a fee to be established by the department not to exceed $20 for each formula or formulation of commercial feed under each brand. [1961 c.314 §2; 1967 c.591 §3; 1971 c.489 §1; 2001 c.137 §5]

 

      633.020 [Repealed by 1961 c.314 §12]

 

      633.025 [1961 c.314 §3; 1967 c.591 §3a; 1971 c.489 §2; 1979 c.116 §2; repealed by 2001 c.137 §9]

 

      633.026 Labeling requirements for commercial feed other than custom mixed feed; rules. (1) Commercial feed, other than custom mixed feed, must have a label bearing the following information:

      (a) The product name and the brand name, if any, under which the feed is distributed.

      (b) The guaranteed analysis stated in such terms as the State Department of Agriculture, by rule, determines are required to advise the user of the composition of the feed or to support claims made in the labeling. The substances or elements of the feed must be determinable by laboratory methods approved by department rule. In approving laboratory methods, the department may consider methods listed in publications of AOAC International, formerly the Association of Official Analytical Chemists.

      (c) The common or usual name of each ingredient used in the manufacture of the feed. The department, by rule, may permit the use of a collective term for a group of ingredients that perform a similar function. The department, by rule, may exempt a commercial feed or any group of feeds from the ingredient statement requirement if the department determines that a statement is not required to protect the interests of consumers.

      (d) Adequate directions for use if the feed contains drugs or if the department, by rule, determines that directions are necessary for safe and effective use.

      (e) Precautionary statements that the department, by rule, determines to be necessary for safe and effective use of the feed.

      (f) The name and principal mailing address of the manufacturer or the distributor.

      (g) A quantity statement.

      (2) A person that distributes commercial feed in bags or other containers shall ensure that the label required by this section is placed on or affixed to the container. If the feed is distributed in bulk, the distributor shall ensure that the label accompanies the delivery and is furnished to the purchaser upon delivery. A commercial feed is exempt from the labeling requirement of this section if the feed does not contain a drug and is distributed by filling, in the presence of the purchaser, from retail bins or other retail bulk display containers that are labeled as required under this section. [2001 c.137 §2]

 

      633.027 [1967 c.591 §9; repealed by 2001 c.137 §9]

 

      633.028 Information required to accompany custom mixed feed; rules; records. (1) A custom mixed feed delivered to a final consumer must be accompanied by at least one label, invoice, delivery slip or other shipping document that bears all of the following information:

      (a) The name and principal mailing address of the manufacturer.

      (b) The name and address of the final consumer.

      (c) The date of delivery.

      (d) The quantity delivered.

      (e) Adequate directions for use if the custom mixed feed contains drugs or if the State Department of Agriculture, by rule, determines that directions are necessary for safe and effective use of the feed.

      (2) If the custom mixed feed contains drugs, the label, invoice, delivery slip or other shipping document referred to in subsection (1) of this section must bear the following information in addition to the information required under subsection (1) of this section:

      (a) A statement of the claimed purpose of the drugs;

      (b) The established name of each active drug ingredient; and

      (c) The level of each drug used in the final mixture.

      (3) If a custom mixed feed is delivered to a final consumer in bags or other containers, each container must be labeled with the name of the final consumer or with the order number. If a custom mixed feed is delivered in bulk, the name of the final consumer or the order number must be printed on each delivery ticket or on a label attached to each delivery ticket.

      (4) A person that distributes a custom mixed feed to a final consumer shall ensure that all labels, invoices, delivery tickets or other shipping documents required by this section accompany the custom mixed feed.

      (5) Upon request, a distributor shall provide a final consumer with the information required by this section, including but not limited to the name and number of pounds of each ingredient or commercial feed used in the custom mixed feed. A seller shall maintain records adequate to derive the information required by this subsection for two years from the date of sale. The department may inspect records required under this subsection and any unsold quantities of custom mixed feed during the seller’s regular business hours. [2001 c.137 §3]

 

      633.029 Registration required for animal feed manufacturers and distributors; fee; exemption by rule for persons not using drugs in feeds. (1)(a) A person may not operate an animal feed manufacturing plant, distribute commercial feeds other than at retail, be furnished a certificate of registration of a brand in this state, distribute a custom mixed feed manufactured for that person, or repackage or relabel a commercial feed manufactured by another person without having first obtained a license from the State Department of Agriculture. Application for license must be on forms prescribed by the department and must be accompanied by a license fee established by the department, not to exceed $500. All licenses shall expire December 31 of each year.

      (b) In accordance with the provisions of ORS chapter 183, the department may promulgate rules designating different license fees for various categories of persons described in paragraph (a) of this subsection, so as to recognize differences in types of activities or volumes of business.

      (2)(a) A contract feeder is not subject to the provisions of subsection (1) of this section, provided no drugs in any form are utilized in the manufacturing, mixing or processing of the feed. In the event drugs are so utilized, the contract feeder or other person utilizing the drugs is subject to the provisions of subsection (1) of this section.

      (b) In accordance with the applicable provisions of ORS chapter 183, the department shall promulgate rules designating the types or categories of persons described in paragraph (a) of this subsection to whom this section applies. In promulgating such rules, the department shall consider:

      (A) The methods of manufacture, mixing or processing of feed used;

      (B) The quantities and kinds of drugs used; and

      (C) The number, ages and kinds of animals to which the feed is to be made available. [1971 c.489 §7; 1973 c.342 §3; 1979 c.116 §3; 2001 c.137 §6]

 

      633.030 [Repealed by 1961 c.314 §12]

 

      633.031 [1967 c.591 §§6,13(2); repealed by 1971 c.489 §11]

 

      633.035 [1961 c.314 §4; repealed by 1967 c.591 §14]

 

      633.037 Records required of licensees; records inspection by department. A person or contract feeder who manufactures, mixes or processes feeds in which drugs have been used so that the person or contract feeder is not exempt from the provisions of ORS 633.029, shall maintain an accurate record for at least one year from the date the drugs were so used showing the name or identity of each drug so used and its level of usage. The State Department of Agriculture is authorized to inspect the records of such persons to insure compliance with ORS 633.029 and this section. [1967 c.591 §6a; 1973 c.342 §1]

 

      633.040 [Repealed by 1961 c.314 §12]

 

      633.045 Adulterated commercial feeds prohibited. No person shall distribute an adulterated commercial feed. A commercial feed shall be deemed to be adulterated:

      (1) If any poisonous, deleterious or nonnutritive ingredient is therein present in sufficient amount to render it injurious to health when fed in accordance with directions for use shown on the label.

      (2) If any valuable constituent has been in whole or in part omitted or abstracted therefrom or any less valuable substance substituted therefor.

      (3) If its composition or quality falls below or differs from that which by its labeling it is purported or represented to possess.

      (4) If it contains added hulls, screenings, refuse screenings, straw, cobs or other high fiber material, unless the name of each material is stated on the label.

      (5) If it contains pesticide residues or other chemicals in excess of amounts which, by regulation, the State Department of Agriculture declares safe for feeding purposes. In adopting such regulations the department may take into consideration the commonly permitted amounts of chemicals authorized by:

      (a) The United States and other states.

      (b) Other recognized agencies or organizations experienced in the chemical field.

      (6) If it contains a drug other than those permitted by regulations promulgated by the department. In promulgating such regulations the department shall consider the current good manufacturing practice regulations for medicated feed premixes and for medicated feeds established under authority of the Federal Food, Drug and Cosmetic Act. [1961 c.314 §5; 1971 c.489 §3]

 

      633.050 [Repealed by 1961 c.314 §12]

 

      633.055 Misbranding commercial feed prohibited; rules for definitions of identity and label disclosures. A person may not distribute misbranded commercial feed. A commercial feed is misbranded:

      (1) If its labeling is false or misleading in any particular.

      (2) If it is distributed under the name of another feed.

      (3) If it is not labeled as required by ORS 633.026 and by rules adopted pursuant to ORS 633.006 to 633.089 and 633.992.

      (4) If it purports to be or is represented as a feed ingredient or as containing a feed ingredient, unless that feed ingredient conforms to the definition of identity, if any, prescribed by rule of the State Department of Agriculture. In adopting rules under this subsection, the department may take into consideration the commonly accepted definitions approved or authorized by:

      (a) The United States and other states.

      (b) Other recognized agencies or organizations experienced in such matters, such as the Association of American Feed Control Officials.

      (5) If any word, statement or other information required by ORS 633.006 to 633.089 and 633.992 or by rule of the department to appear on the label is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs or devices in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use. [1961 c.314 §6; 2001 c.137 §7]

 

      633.060 [Amended by 1961 c.425 §17; repealed by 1961 c.314 §12]

 

      633.065 Department to test commercial feeds. (1) It shall be the duty of the State Department of Agriculture to sample, inspect, make analyses of, and test commercial feeds distributed within this state, at such times and places and to such an extent as may be necessary to determine whether or not such feeds are in compliance with the provisions of ORS 633.006 to 633.089 and 633.992. The department is authorized to enter upon any public or private premises, including any vehicle of transport, during regular business hours, in order to have access to commercial feeds and to records relating to their distribution.

      (2) The methods of sampling and analysis shall be those adopted by the department. In adopting such methods, the department may take into consideration:

      (a) The methods scientifically developed and described in recognized official publications such as the Journal of the Association of Official Agricultural Chemists.

      (b) The methods approved by the United States, other states and other recognized agencies or organizations experienced in such matters.

      (3) In determining for administrative purposes whether or not a commercial feed is deficient in any component, the department shall be guided solely by the official sample as defined in ORS 633.006 and obtained and analyzed as provided by subsection (2) of this section.

      (4) When inspection and analysis of an official sample indicate that a commercial feed has been adulterated or misbranded, the results of analysis shall be forwarded by the department to the registrant. Upon request, within 30 days, the department shall furnish to the registrant a portion of the sample analyzed.

      (5) The department may take investigational samples that may be examined otherwise than by the official method required by this section. For administrative purposes, only samples taken as directed by subsection (3) of this section may be used. [1961 c.314 §7; 1967 c.591 §4; 2001 c.104 §247; 2001 c.137 §8]

 

      633.067 Commercial feed law administration and enforcement; rules. The State Department of Agriculture may promulgate such rules and regulations for commercial feeds as are necessary for the administration and enforcement of ORS 633.006 to 633.089 and 633.992, including but not limited to additional definitions, licensing requirements, registration and license fee requirements, labeling requirements, inspection and enforcement procedures, testing and analysis procedures, and enforcement of federal commercial feed programs under agreement with federal agencies. [1971 c.489 §6]

 

      633.070 [Repealed by 1961 c.314 §12]

 

      633.075 [1961 c.314 §§8, 9; part renumbered 633.081; subsection (2) enacted as part of 1967 c.591 §13; repealed by 1971 c.489 §11]

 

      633.077 Testing and analysis of bulk commercial feed and custom mixed feed; disclosure of test or analysis results. (1) The State Department of Agriculture shall establish and maintain a procedure, plan and system whereby a farmer, contract feeder or other person actually feeding bulk commercial feed or custom mixed feed to animals may request the department to sample and provide special official testing and analysis of such feeds. It is the purpose and intent of this section that the department desires to make its personnel, facilities and laboratories available to such persons and to determine if such feeds are in compliance with the provisions of ORS 633.006 to 633.089 and 633.992 or for any other purpose which the department may determine is reasonable and necessary.

      (2) The department may provide for the obtaining, handling and testing of samples of bulk commercial feed and custom mixed feed as provided in subsection (1) of this section, including split sampling thereof with portions of each sample being made available to the seller and to the contract feeder or person feeding the feed to animals. Copies of the final results of the tests or analysis, which shall not be a public record, shall be made available only to the seller and to the contract feeder or person feeding the feed to animals. [1967 c.591 §8]

 

      633.080 [Repealed by 1961 c.314 §12]

 

      633.081 [Formerly part of 633.075; repealed by 1969 c.131 §5]

 

      633.083 Cooperation with governmental units. The State Department of Agriculture may cooperate with and enter into contracts and agreements with governmental agencies of this state, other states, the federal government, county governments of this state or municipalities in this state, in connection with the administration of ORS 633.006 to 633.089 and 633.992 and of the provisions of federal laws or regulations relating to the operation of animal feed manufacturing plants in Oregon. [1971 c.489 §8]

 

      633.085 [1963 c.212 §2; repealed by 1967 c.591 §12]

 

      633.087 [1967 c.591 §11; repealed by 1971 c.489 §11]

 

      633.088 Withdrawal from distribution of feeds sold or distributed in violation of law; seizure of noncomplying feeds. (1) When the State Department of Agriculture has reasonable cause to believe any quantity or lot of commercial feed is being sold or distributed in violation of ORS 633.006 to 633.089 and 633.992 or regulations promulgated thereunder, it may, in accordance with ORS 561.605 and 561.620, issue and enforce a written “withdrawal from distribution” order, directing the distributor thereof not to dispose of the quantity or lot of commercial feed in any manner until written permission is first given by the department. The department shall release the quantity or lot of commercial feed so withdrawn when said law and regulations have been complied with.

      (2) Any quantity or lot of commercial feed found by the department not to be in compliance with ORS 633.006 to 633.089 and 633.992 or regulations promulgated thereunder, may be seized by the department in accordance with the provisions of ORS 561.605 to 561.620. [1971 c.489 §9]

 

      633.089 Disposition of moneys received by department. The State Department of Agriculture shall deposit all fees paid to it under the provisions of ORS 633.006 to 633.089 in the Department of Agriculture Service Fund. Such fees are continuously appropriated to the department for the purpose of administering and enforcing such sections. [1967 c.591 §7; 1979 c.499 §30]

 

      633.090 [Repealed by 1961 c.314 §12]

 

      633.100 [Repealed by 1961 c.314 §12]

 

      633.110 [Repealed by 1961 c.314 §12]

 

      633.120 [Repealed by 1961 c.314 §12]

 

      633.130 [Repealed by 1961 c.314 §12]

 

      633.140 [Repealed by 1961 c.314 §12]

 

      633.210 [Repealed by 1961 c.314 §12]

 

      633.220 [Repealed by 1961 c.314 §12]

 

      633.230 [Repealed by 1961 c.314 §12]

 

      633.240 [Repealed by 1961 c.314 §12]

 

      633.250 [Repealed by 1961 c.314 §12]

 

      633.260 [Repealed by 1961 c.314 §12]

 

      633.310 [Amended by 1955 c.235 §1; 1965 c.268 §1; 1977 c.799 §1; repealed by 2001 c.914 §30]

 

FERTILIZERS AND OTHER SOIL-ENHANCING PRODUCTS

 

      633.311 Definitions for ORS 633.311 to 633.479 and 633.994. As used in ORS 633.311 to 633.479 and 633.994:

      (1) “Agricultural amendment” means a mixed or unmixed synthetic organic chemical substance, a chemically or physically modified natural substance, a naturally occurring substance or a manufacturing by-product, or combination thereof, intended as a source of plant food, to induce crop yields or plant growth or to produce any physical or chemical change in the soil. “Agricultural amendment” does not include:

      (a) Fertilizer products;

      (b) Agricultural mineral products;

      (c) Lime products;

      (d) Hays;

      (e) Straws;

      (f) Peat;

      (g) Leaf mold;

      (h) Sands;

      (i) Expanded silicates;

      (j) Biosolids-derived products, compost and animal or vegetable manures that are not packaged and do not contain a grade statement or guaranteed analysis;

      (k) Biosolids, domestic septage and domestic wastewater treatment facility solids regulated under ORS chapters 468 and 468B; and

      (L) Reclaimed water or treated effluent regulated under ORS 468.020, 468B.010 and 468B.015.

      (2) “Agricultural mineral” means a mineral substance, mixture of mineral substances or mixture of mineral and organic substances containing less than five percent of available nitrogen (N), available phosphate (P₂O₅) or soluble potash (K₂O), singly, collectively or in combination, designed for use principally as a source of plant food, in inducing increased crop yields or plant growth or producing any physical or chemical change in the soil. “Agricultural mineral” does not include:

      (a) Fertilizer products;

      (b) Agricultural amendment products;

      (c) Lime products;

      (d) Sand;

      (e) Soil;

      (f) Biosolids-derived products, compost and animal or vegetable manures that are not packaged and do not contain a grade statement or guaranteed analysis;

      (g) Biosolids, domestic septage and domestic wastewater treatment facility solids regulated under ORS chapters 468 and 468B; and

      (h) Reclaimed water or treated effluent regulated under ORS 468.020, 468B.010 and 468B.015.

      (3) “Available phosphate” means the sum of the water soluble and citrate soluble phosphate.

      (4) “Bulk” or “bulk sale” is the sale, offering for sale or delivery of a fertilizer, agricultural mineral, agricultural amendment or lime product or of a custom mix, in unpackaged form, such as in open containers, closed or open tote boxes, closed or open tanks, closed or open trailers, spreader trucks or other types of containers, vehicles or conveyances as determined by State Department of Agriculture rule.

      (5) “Compost” means a substance derived primarily or entirely from the decomposition of vegetative or animal organic material that is sold or offered for sale for the purpose of promoting or stimulating plant growth and to which no fertilizer, agricultural mineral, agricultural amendment or lime product is added other than to promote decomposition.

      (6) “Custom mix” means a mixture of fertilizer, agricultural mineral, agricultural amendment or lime product, each lot or batch of which is mixed according to the specific instructions of or is prescribed for the special use of the final purchaser.

      (7) “Department” means the State Department of Agriculture.

      (8) “Director” means the Director of Agriculture.

      (9) “Distributor” means a person who imports, consigns, sells or offers for sale, barters, exchanges or otherwise facilitates the supply of fertilizer, agricultural mineral, agricultural amendment or lime product.

      (10) “Fertilizer” means any substance, or any combination or mixture of substances, that is designed for use primarily as a source of plant food, in inducing increased crop yields or plant growth, or producing any physical or chemical change in the soil, and that contains five percent or more of available nitrogen (N), available phosphate (P₂O₅) or soluble potash (K₂O), singly, collectively or in combination. “Fertilizer” does not include:

      (a) Agricultural mineral products;

      (b) Agricultural amendment products;

      (c) Lime products;

      (d) Hays;

      (e) Straws;

      (f) Peat;

      (g) Leaf mold;

      (h) Biosolids-derived products, compost and unpackaged animal or vegetable manures that do not contain a grade statement or guaranteed analysis;

      (i) Biosolids, domestic septage and domestic wastewater treatment facility solids regulated under ORS chapters 468 and 468B; and

      (j) Reclaimed water and treated effluent regulated under ORS 468.020, 468B.010 and 468B.015.

      (11) “Grade” means the minimum percentage claimed for available nitrogen (N), available phosphate (P₂O₅) or soluble potash (K₂O) stated in the same terms, order and percentages as the guaranteed analysis.

      (12) “Guaranteed analysis” means the minimum percentage of the following claimed to be present in a product:

      (a) Primary nutrients;

      (b) Secondary nutrients;

      (c) Micronutrients;

      (d) Neutralizing capability; or

      (e) Substances claimed to induce crop yields or plant growth or to produce any physical or chemical change in the soil.

      (13) “Label” means all written, printed or graphic matter on the immediate container or on a statement or invoice accompanying any fertilizer, agricultural mineral, agricultural amendment or lime product.

      (14) “Labeling” means a printed or verbal representation used to promote the sale of any fertilizer, agricultural mineral, agricultural amendment or lime product, including but not limited to a representation by means of:

      (a) Brochures;

      (b) Posters;

      (c) Internet;

      (d) Television; and

      (e) Radio.

      (15) “Lime” means any substance or mixture of substances whose calcium and magnesium compounds are capable of neutralizing soil acidity.

      (16) “Lime score” means a numerical expression of the quality of lime, as determined by the department by rule.

      (17) “Manufacture” means to compound, produce, granulate, mix, blend, repackage or otherwise alter the composition of fertilizer, agricultural mineral, agricultural amendment or lime product.

      (18) “Micronutrient” means boron (B), chlorine (Cl), cobalt (Co), copper (Cu), iron (Fe), manganese (Mn), molybdenum (Mo), sodium (Na) or zinc (Zn).

      (19) “Official sample” means any representative sample of product taken by the department or a representative of the department and designated as official.

      (20) “Package” means any closed container, regardless of size, but does not mean the receptacle in which bulk product is sold, offered for sale or delivered.

      (21) “Percent” or “percentage” means percentage by weight.

      (22) “Phosphate” means the amount of pentavalent phosphorus present in the material calculated as phosphorus pentoxide (P₂O₅) and expressed as available phosphate.

      (23) “Primary nutrient” means nitrogen (N), available phosphate (P₂O₅) or soluble potash (K₂O).

      (24) “Product” means a readily distinguishable, individually labeled substance containing fertilizer, agricultural mineral, agricultural amendment or lime.

      (25) “Registrant” means the person who registers a fertilizer, agricultural mineral, agricultural amendment or lime product under ORS 633.362.

      (26) “Secondary nutrient” means calcium (Ca), magnesium (Mg) or sulfur (S).

      (27) “Ton” means 2,000 pounds avoirdupois.

      (28) “Waste-derived product” means any fertilizer, agricultural mineral, agricultural amendment or lime product derived in whole or in part from hazardous waste as defined in ORS 466.005 (7) or in rules adopted thereunder, solid waste as defined in ORS 459.005 (24) or in rules adopted thereunder, or industrial waste as defined in ORS 468B.005 (2) or in rules adopted thereunder. “Waste-derived product” does not include:

      (a) Biosolids, biosolids-derived products, domestic septage and domestic wastewater treatment facility solids regulated under ORS chapters 468 and 468B; or

      (b) Reclaimed water or treated effluent regulated under ORS 468.020, 468B.010 and 468B.015. [2001 c.914 §2]

 

      633.315 Applicability of ORS 633.311 to 633.479 and 633.994. ORS 633.311 to 633.479 and 633.994 apply only to the extent that they are consistent with ORS chapter 634. The provisions of ORS 633.311 to 633.479 and 633.994 do not supersede the provisions of ORS chapter 634. [2001 c.914 §3]

 

      633.318 Licensing of manufacturers and bulk distributors; application; fee; change of location. (1) A manufacturer-bulk distributor license issued by the State Department of Agriculture is required for manufacturers or bulk distributors of registered or custom mixed fertilizer, agricultural amendment, agricultural mineral or lime products. A license is required for any business entity described by either or both of the following conditions:

      (a) Each out-of-state or in-state business entity that distributes fertilizer, agricultural amendment, agricultural mineral or lime in bulk.

      (b) Each in-state business entity that manufactures any fertilizer, agricultural amendment, agricultural mineral or lime product in this state.

      (2) An application for a manufacturer-bulk distributor license must be filed on forms provided by the department and must be accompanied by a nonrefundable license fee to be determined by rule, not to exceed $50 for each business entity per year.

      (3) An application for a license must include but not be limited to:

      (a) The name, physical address and mailing address of the business entity main office and primary contact;

      (b) A list of locations that are in operation for more than 90 days during a license period; and

      (c) Other information as required by the department to clarify the manufacturer’s or bulk distributor’s activities or location.

      (4) A manufacturer-bulk distributor license will expire on December 31 of each year. A late fee of $25 may be assessed by the department on or after the 30th day following the expiration of a license if the license fee has not been paid by the applicant. The late fee shall be added to the required license fee and must be paid by the applicant before the department may issue a license to the applicant.

      (5) Within 30 days, each license holder shall report any change to the department that results in the addition, removal or change of a location. [2001 c.914 §22]

 

      633.320 [Amended by 1955 c.235 §2; 1959 c.78 §1; 1965 c.268 §2; 1977 c.799 §2; repealed by 2001 c.914 §30]

 

      633.321 Labeling requirements for fertilizer, agricultural mineral, agricultural amendment and lime products. (1) A person may not sell, offer for sale or distribute fertilizer, agricultural mineral, agricultural amendment or lime product, in package or in bulk, unless there is a printed label attached or applied to the package, or, in the case of bulk sale, a separate document that physically accompanies the shipment and is furnished to the user or purchaser when each separate delivery is made, or when the last delivery is made of the entire lot or sale thereof. The printed label must include the following:

      (a) The name under which the product is registered or sold.

      (b) The net weight or volume.

      (c) The name and mailing address of the manufacturer, distributor or registrant.

      (d) The product grade if primary nutrients are claimed.

      (e) A guaranteed analysis. The guaranteed analysis must follow the statement, “GUARANTEED ANALYSIS.” Guarantees must be based on a laboratory method of analysis approved by the State Department of Agriculture. The guaranteed analysis shall be stated on an “as is” basis at the time the fertilizer, agricultural mineral, agricultural amendment or lime product is offered for sale or distributed into or within this state. Primary nutrients, secondary nutrients and micronutrients that are claimed or advertised must be individually guaranteed.

      (f) A derivation statement declaring the sources for all primary and secondary nutrients, micronutrients and non-plant food ingredients guaranteed. The statement must be listed below the completed guaranteed analysis. Abbreviations, brand names, trademarks and trade names may not appear in the derivation statement, but may appear as part of the product name in an area of the label that is separate from the derivation statement.

      (g) The identity and amount of ingredients other than primary nutrients, secondary nutrients and micronutrients that are claimed or advertised. The identity and amount must be guaranteed and determinable by laboratory methods approved by the department. The source of such ingredients shall be placed on the label as follows:

______________________________________________________________________________

 

      ALSO CONTAINS NON-PLANT

      FOOD INGREDIENT(S):

      ___% Humic Acids (Derived from_____)

      ___% Other Determinable Non-Plant

      Food Ingredients

___________________________________________________________________________

     

      (h) A unique identifier for custom mixed products.

      (i) An Internet address that leads to a department website that is accessible to the public and contains product-specific information. The department shall adopt rules establishing the date for label compliance and the nature of product information that must be available through the website. The information, accessible by product name, ingredient or reportable substance, shall include, at a minimum:

      (A) The name of any product identified as waste-derived in an application for registration as provided in ORS 633.362 (9);

      (B) The Standard Industrial Classification code of the facility that generated each waste-derived product or waste-derived ingredient of a product identified in subparagraph (A) of this paragraph; and

      (C) The type and level of metals and other substances required by the department by rule to be reported for registration of any product as provided in ORS 633.362 (10).

      (2)(a)(A) Primary nutrients that are claimed or advertised must be guaranteed and placed on the label as follows:

______________________________________________________________________________

 

      GUARANTEED ANALYSIS:

      Total Nitrogen (N)                        ___%

      ___% Ammoniacal Nitrogen

      ___% Nitrate Nitrogen

      ___% Water Soluble Organic Nitrogen or

      other recognized and determinable forms of

      Nitrogen

      ___% Water Insoluble Organic Nitrogen or

      Water Insoluble Nitrogen

      Available Phosphate (P₂O₅)          ___%

      Soluble Potash (K₂O)                    ___%

______________________________________________________________________________

     

      (B) The guarantees for the forms of nitrogen must add up to the total nitrogen guarantee and may be shown by subscript. The forms of nitrogen may be listed in an order other than the order listed in this subsection.

      (b) In addition to guarantees of available phosphate (P₂O₅) and soluble potash (K₂O), the percentage of phosphorus (P) and potassium (K) may be shown by indentation and subscript as prescribed by the department. Phosphorous acid (expressed as H₃PO₃ or PO₃) cannot be claimed as a source of available phosphate.

      (c) Unacidulated mineral phosphatic materials, bone, tankage or other phosphatic materials shall be guaranteed on the label as follows:

______________________________________________________________________________

 

      Available Phosphate (P₂O₅)          ___%

 

      ___% Total Phosphate

      ___% Insoluble Phosphate

______________________________________________________________________________

     

      (3) The following secondary nutrients and micronutrients that are claimed or advertised must be guaranteed, must be placed on the label in the same order as listed in this subsection and must immediately follow the guaranteed analysis. The guaranteed analysis of secondary nutrients and micronutrients shall be made on the elemental basis. When a chelated, water soluble or other form of plant nutrient is claimed or advertised in addition to the elemental form of the same secondary nutrient or micronutrient, the form and percentage must be guaranteed separately. Except for products defined by the department by rule, the minimum percentages that may be accepted for registration are as follows:

______________________________________________________________________________

 

      Calcium (Ca) ................................... 1.0000%

      Magnesium (Mg) ............................ 0.5000%

      Sulfur (S) ........................................ 1.0000%

      Boron (B) ........................................ 0.0200%

      Chlorine (Cl) ................................... 0.1000%

      Cobalt (Co) ..................................... 0.0005%

      Copper (Cu) .................................... 0.0500%

      Iron (Fe) .......................................... 0.1000%

      Manganese (Mn) ............................. 0.0500%

      Molybdenum (Mo) ......................... 0.0005%

      Sodium (Na) ................................... 0.1000%

      Zinc (Zn) ......................................... 0.0500%

______________________________________________________________________________

     

      (4) The label for any fertilizer, agricultural amendment, agricultural mineral or lime product with added boron greater than 0.1 percent or added molybdenum greater than 0.001 percent must include a warning or cautionary statement that the product contains added boron or molybdenum and is to be used only according to the manufacturer’s recommendations or directions.

      (5)(a) If a fertilizer, agricultural mineral or agricultural amendment product is intended to be microbiological inoculum, the label must include:

      (A) A product expiration date;

      (B) The number of each viable organism per milliliter for liquid products or per gram for dry products; and

      (C) The identification of each viable organism expressed as genus and species, and, if applicable, strain.

      (b) If a fertilizer, agricultural mineral or agricultural amendment product is derived from a microbiological process or culture but is not intended to be a microbiological inoculum, the product label must include a statement that the product is not a viable culture.

      (6) A product ingredient may not be listed, claimed or guaranteed on the label or labeling without prior approval by the department. [2001 c.914 §4]

 

      633.330 [Amended by 1955 c.235 §3; 1965 c.268 §3; repealed by 2001 c.914 §30]

 

      633.331 Additional labeling requirements for lime products. In addition to the labeling requirements under ORS 633.321, the label for a lime product must include the following:

      (1) The name of the particular form of lime. Forms of lime may include, but are not limited to, ground limestone, shells, burnt lime, lime hydrate, sugar lime, residue lime, dolomitic lime, lime sludge and waste lime.

      (2) The guaranteed analysis, stating:

      (a) The minimum percentage of calcium oxide (CaO) or calcium carbonate (CaCO₃);

      (b) The minimum percentage of magnesium oxide (MgO) or magnesium carbonate (MgCO₃);

      (c) The minimum total neutralizing power expressed in terms of calcium carbonate equivalent (CCE);

      (d) The percentage of product that will pass, respectively, a 100-mesh, 40-mesh, 20-mesh and 10-mesh sieve. The mesh size declaration may include a declaration of the percentage of product that will pass additional mesh sizes, but the mesh sizes specified in this paragraph must be included in the mesh size declaration;

      (e) The lime score; and

      (f) The maximum moisture content if the moisture content is more than two percent, expressed in whole numbers as follows, “Moisture content does not exceed _____ percent.” [2001 c.914 §5]

 

      633.335 [1977 c.799 §18; repealed by 2001 c.914 §30]

 

      633.336 Additional labeling requirements for agricultural amendment. In addition to the labeling requirements under ORS 633.321, the label for an agricultural amendment must include the following:

      (1) A guaranteed analysis that contains the name and percentage of each substance intended to be used as a source of plant food, to induce crop yields or plant growth or to produce any physical or chemical change in the soil, listed consecutively, followed by the percentage of other substances intended to be inert ingredients.

      (2) The purpose of the product.

      (3) Directions for application. [2001 c.914 §6]

 

      633.340 [Amended by 1955 c.235 §4; 1965 c.268 §4; 1997 c.249 §191; repealed by 2001 c.914 §30]

 

      633.341 Additional labeling requirements for agricultural mineral. In addition to the labeling requirements under ORS 633.321, the label for an agricultural mineral must include the following:

      (1) The percentage of sulfur contained in the product if the principal ingredient of the agricultural mineral is sulfur.

      (2) The percentage of calcium sulfate, if the product is gypsum, landplaster or plaster or is an agricultural mineral in which calcium sulfate (CaSO₄• 2H₂O) is the principal ingredient.

      (3) The percentage of all ingredients contained in the product, in terms prescribed by the State Department of Agriculture, for all other agricultural minerals or mixtures of agricultural minerals with a principal ingredient other than sulfur or calcium sulfate. [2001 c.914 §7]

 

      633.343 [1965 c.268 §6; repealed by 2001 c.914 §30]

 

      633.344 Label guarantees of additional plant nutrients. In addition to the guarantees of plant nutrients required by ORS 633.321, label guarantees of other plant nutrients may be made from a list approved by the State Department of Agriculture. [2001 c.914 §8]

 

      633.345 [1965 c.268 §5; repealed by 2001 c.914 §30]

 

      633.350 [Amended by 1965 c.268 §9; repealed by 2001 c.914 §30]

 

      633.351 Sale of animal byproducts. A person may not sell or offer for sale for agronomic purposes any leather, hair, wool waste, hoof, horn, urea-formaldehyde condensation products or similar materials, either singly or in combination, unless the products or materials have been processed in such manner as to make the plant food content available in conformity with the standards established by the State Department of Agriculture, taking into consideration the standards of activity recommended by recognized experts in the field. [2001 c.914 §9]

 

      633.360 [Repealed by 1955 c.235 §13]

 

      633.361 [1955 c.235 §12; 1965 c.268 §10; 1977 c.799 §3; repealed by 2001 c.914 §30]

 

      633.362 Registration of fertilizer, agricultural amendment, agricultural mineral and lime products; application; fee; expiration; product contents. (1) Each separately identifiable fertilizer, agricultural amendment, agricultural mineral or lime product, whether in package or in bulk, shall be registered with the State Department of Agriculture. A person may not sell, offer for sale or distribute a fertilizer, agricultural amendment, agricultural mineral or lime product in this state until the fertilizer, agricultural amendment, agricultural mineral or lime product is registered with the department.

      (2) The application for registration shall be made on a form or forms provided by the department. The application for registration shall include the following information:

      (a) Product name and grade;

      (b) Product label;

      (c) Name and physical address of the registrant;

      (d) Mailing address of the registrant;

      (e) Product laboratory analysis;

      (f) Supplier or suppliers of ingredients;

      (g) Identification of the industry, industry process or industry processes and location of the facility that generated any waste-derived ingredient or ingredients; and

      (h) Other information required by the department by rule.

      (3) The application for registration shall be accompanied by a nonrefundable registration fee established by department rule, not to exceed $25 annually for each fertilizer, agricultural amendment, agricultural mineral or lime product. For a waste-derived product, the department shall also charge an annual product evaluation fee. For a fertilizer, agricultural mineral or agricultural amendment product, the department may charge a product evaluation fee if supplementary research and evaluation by the department is required in order to determine product compliance with ORS 633.311 to 633.479 and 633.994. The department shall establish product evaluation fees by rule, not to exceed $50. The department shall review the registration application form and product label for compliance with ORS 633.311 to 633.479 and 633.994. If the department finds that the application information and product label comply with ORS 633.311 to 633.479 and 633.994, the department shall issue a certificate of registration to the registrant.

      (4) Certificates of registration shall expire on December 31 of each year, except that the department may grant a certificate of registration for two years. Certificates of registration for two years shall expire on December 31 of the last year in the two-year period.

      (5) The department may assess a $25 late registration fee for a product if the registrant has not paid the registration fee prior to the 30th day following the expiration of the certificate of registration. A late registration fee assessed by the department under this subsection shall be added to the registration fee required under subsection (3) of this section and must be paid by the registrant before the department may issue a certificate of registration.

      (6) The department may require proof of label or labeling statements or claims of the efficacy and usefulness of an ingredient prior to issuing a certificate of registration or at any time deemed necessary by the department. As proof, the department may request data from the registrant to support the label or labeling claims. The department may also rely on other experimental data, data from agricultural experiment stations, product review evaluations and advice from other authoritative sources. The data must be from recognized, statistically designed and analyzed trials conducted by recognized experts in the field. All supporting data shall be representative of the soil, crops and climatic conditions found in the northwestern United States.

      (7) In evaluating a label or labeling statement, claim or guarantee, the department may require the submission of a written statement describing the methodology of the laboratory analysis used, the source of the ingredient material and any reference material relied on to support the label or labeling statement, claim or guarantee. Laboratory analyses submitted in support of an application for registration must comply with laboratory methods of analysis approved by the department.

      (8) Each registrant shall notify the department of any change that results in a laboratory analysis that differs from the laboratory analysis submitted in support of the related application for registration or any change in sources of product ingredients declared on the application form. The registrant must notify the department within 30 days following the change.

      (9) The registrant shall identify a