2007 Oregon Code - Chapter 633 :: Chapter 633 - Grades - Standards and Labels for Feeds - Fertilizers and Seeds
Chapter 633
Grades, Standards and Labels for Feeds,
Fertilizers
and Seeds
2007 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; rules; exemption; fee
633.026 Labeling
requirements for commercial feed; exemptions; rules
633.028 Information
required to accompany custom mixed feed; rules; records
633.029 License
required for animal feed manufacturers and distributors; fee; exemption; rules
633.037 Records
required of licensees; records inspection by department
633.045 Adulterated
commercial feeds prohibited; rules
633.055 Misbranding
commercial feed prohibited; rules
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;
rules
633.321 Labeling
requirements for fertilizer, agricultural mineral, agricultural amendment and
lime products; rules
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
633.362 Registration
of fertilizer, agricultural amendment, agricultural mineral and lime products;
application; fee; expiration; product contents; rules
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
633.461 Inspection
fees; statement of distributions; failure to pay inspection fee; collection
fee; record keeping
633.471 Statement
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 or bulk flower seed
633.531 Labeling
vegetable or flower 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; rules
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 inspection work
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; exemption; rules; 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,
that are made directly from the entire seed and are not used to manufacture
wild bird feed.
(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 persons
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 persons 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.
(20) Wild bird feed means a commercial
feed marketed for noncaptive undomesticated avians. [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;
2007 c.282 §1]
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; rules; exemption; fee. (1) A person may not distribute a
nonregistered commercial feed. Except as provided in subsections (2), (5) and
(6) of this section, 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 or on such date as may be specified by department rule. 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 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. The department may cancel any
registration subsequently found not to be in compliance with any provision of
ORS 633.006 to 633.089. 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.
(5) Custom mixed feeds are exempt from
registration.
(6) Wild bird feed consisting of unmixed seeds
is exempt from registration.
(7) 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; 2007 c.71 §192; 2007
c.282 §2; 2007 c.768 §36]
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; exemptions; rules. (1) Except as provided in subsection (3) of
this section, commercial 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.
(3) Subsections (1) and (2) of this
section do not apply to:
(a) Custom mixed feed.
(b) Wild bird feed consisting of unmixed
seeds.
(c) A commercial feed that 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; 2007 c.282 §3]
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
sellers regular business hours. [2001 c.137 §3]
633.029
License required for animal feed manufacturers and distributors; fee;
exemption; rules. (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 on
December 31 of each year or on such date as may be specified by department
rule.
(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; 2007 c.768 §37]
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; rules. A person may not distribute an adulterated
commercial feed. A commercial feed is adulterated:
(1) If any poisonous, deleterious or
nonnutritive ingredient is present in the feed in sufficient amount to render
the feed 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 from the feed or any less valuable
substance substituted for a valuable constituent.
(3) If the composition or quality of the
feed falls below or differs from the composition or quality purported or
represented on the feed labeling.
(4) If the feed 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 the feed contains pesticide
residues or other chemicals in excess of amounts that, by rule, the State
Department of Agriculture declares safe for feeding purposes. In adopting rules
under this subsection the department may take into consideration the commonly
permitted amounts of chemicals authorized by:
(a) The
(b) Other recognized agencies or
organizations experienced in the chemical field.
(6) If the feed contains a drug other than
those permitted by rules adopted by the department. In adopting rules under
this subsection, 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.
(7) If the feed is wild bird feed and
contains viable noxious weed seeds in excess of amounts established by the
department by rule. [1961 c.314 §5; 1971 c.489 §3; 2007 c.282 §4]
633.050 [Repealed by 1961 c.314 §12]
633.055
Misbranding commercial feed prohibited; rules. 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.
(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
(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 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; 2007 c.71 §193]
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. 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; 2007 c.71 §194]
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 or for any other purpose that 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; 2007 c.71 §195]
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 or rules 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 rules 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 or
rules promulgated thereunder, may be seized by the department in accordance
with the provisions of ORS 561.605 to 561.620. [1971 c.489 §9; 2007 c.71 §196]
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; rules. (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 manufacturers or bulk distributors activities or
location.
(4) A manufacturer-bulk distributor
license will expire on December 31 of each year or on such date as may be
specified by department rule. 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; 2007 c.768 §38]
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; rules. (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 manufacturers
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
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; rules. (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
(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 as waste-derived
in the application for registration any fertilizer, agricultural amendment,
agricultural mineral or lime product that is waste-derived and distributed as a
single ingredient product or blended with other fertilizer, agricultural
amendment, agricultural mineral or lime products. The application for
registration must identify the industry, the industry process or processes and
the location of the facility that generated the waste and all ingredients of
concern as identified and adopted by rule.
(10) The initial application for
registration of a fertilizer, agricultural amendment, agricultural mineral or
lime product must include a statement of the levels of metals in the product,
including but not limited to arsenic (As), cadmium (Cd), mercury (Hg), lead
(Pb), nickel (Ni) or other metals or substances identified by the department by
rule. The registrant must provide a laboratory analysis report, in accordance
with acceptable methods required by the department, to verify the levels of
metals or other substances in the product. Subsequent to initial product
registration, such analysis shall be provided upon request by the department.
(11) The department shall establish by
rule the level of metals or other substances permitted in fertilizer,
agricultural amendment, agricultural mineral and lime products registered with
the department, including but not limited to the permitted levels of arsenic
(As), cadmium (Cd), mercury (Hg), lead (Pb), nickel (Ni) or other metals or
substances identified by the department by rule for the purpose of protecting
humans, animals, water, aquatic life, soil or beneficial plant life. The
department shall review the permitted level of metals or other substances in
fertilizer, agricultural amendment, agricultural mineral and lime products a
minimum of every five years.
(12) Notwithstanding subsection (1) of
this section, a custom mix is not required to be registered if all of the
fertilizer, agricultural amendment, agricultural mineral or lime products
contained in the final product are registered in accordance with this section.
(13) The department may refuse to register
any fertilizer, agricultural amendment, agricultural mineral or lime product
the sale, offering for sale or distribution of which would violate any of the
provisions of ORS 633.311 to 633.479 and 633.994. The registration of each
product is a distinct and separate registration, and the refusal to register or
reregister any product does not affect the registration of any other product by
the same person. [2001 c.914 §10]
633.364
Confidentiality of certain information supplied in application for
registration. (1)
Information required under ORS 633.362 (2)(f) and (g) and (6) is exempt from
disclosure under ORS 192.410 to 192.505. The State Department of Agriculture
may not divulge any information provided to the department in accordance with
ORS 633.362 (2)(f) and (g) and (6).
(2) Notwithstanding subsection (1) of this
section, the information required under ORS 633.311 to 633.479 and 633.994 may
be used by the department for any administrative or enforcement action the
department deems necessary. In addition, the department may:
(a) Accumulate and publish statistics from
statements required by ORS 633.461 and 633.471 in a manner that does not
divulge the business operations of the person submitting a report;
(b) Consult with the Department of
Environmental Quality or other state or federal agencies in regard to
information provided under ORS 633.362 (2)(f) and (g) to ensure compliance with
applicable regulations; and
(c) Disclose data required under ORS
633.362 (6) to experts for the purpose of evaluating product data submitted in
support of registration. [2001 c.914 §23]
633.366
Prohibitions; mislabeled products; adulterated products. (1) A person may not:
(a) Sell, offer for sale or distribute
mislabeled products;
(b) Register or attempt to register any
product using fraudulent or deceptive practices to evade or attempt to evade
the requirements of ORS 633.311 to 633.479 and 633.994 or rules adopted
thereunder;
(c) Sell, offer for sale or distribute
adulterated products;
(d) Fail, refuse or neglect to deliver to
a purchaser of a bulk fertilizer, agricultural amendment, agricultural mineral
or lime product a printed label that complies with ORS 633.321 to 633.341;
(e) Sell, offer for sale or distribute a
fertilizer, agricultural amendment, agricultural mineral or lime product that
is not registered with the State Department of Agriculture under ORS 633.362;
(f) Fail, refuse or neglect to keep or
maintain records as required under ORS 633.461, 633.471 and 633.476 or refuse
to make available such records pursuant to ORS 633.385 upon request by the
department;
(g) Make false or fraudulent applications,
records, invoices or reports;
(h) Fail, refuse or neglect to provide
notification to the department as required by ORS 633.318 (5) or 633.362 (8);
(i) Fail, refuse or neglect to obtain a
manufacturer-bulk distributor license required under ORS 633.318;
(j) Sell, use or remove any product
subjected to a stop sale, use or removal order until the product has been
released in accordance with ORS 633.445;
(k) Impede, obstruct, hinder or otherwise
prevent or attempt to prevent the department from the performance of department
duties under ORS 633.311 to 633.479 and 633.994;
(L) Knowingly or intentionally make any
false or misleading representations in connection with the sale, offer for sale
or distribution of fertilizer, agricultural amendment, agricultural mineral or
lime products;
(m) Fail, refuse or neglect to file a
semiannual statement with the department as required under ORS 633.461 or
633.471; or
(n) Fail, refuse or neglect to pay
inspection fees required under ORS 633.461.
(2) A fertilizer, agricultural amendment,
agricultural mineral or lime product may be considered mislabeled if the label
or labeling:
(a) Is false, misleading or deceptive;
(b) Does not accurately reflect the
composition of the product;
(c) Requires warning statements or
directions for use that may be necessary to protect humans, animals, water,
aquatic life, soil or beneficial plant life and such warning statements or
directions are not adequately stated on the label; or
(d) Does not comply with the requirements
of ORS 633.321 to 633.341.
(3) A fertilizer, agricultural amendment,
agricultural mineral or lime product may be considered adulterated if the
product:
(a) Contains any deleterious or harmful
ingredient in an amount that is injurious to humans, animals, water, aquatic
life, soil or beneficial plant life when used in accordance with instructions
for product use on the label;
(b) Differs in composition from that which
is claimed on the label;
(c) Differs in composition from that which
is claimed in the information provided in accordance with ORS 633.362; or
(d) Contains unwanted crop seed or weed
seed. [2001 c.914 §16]
633.370 [Amended by 1977 c.799 §4; 1979 c.499 §31;
repealed by 2001 c.914 §30]
633.371
Disposition of revenues. The
State Department of Agriculture shall deposit revenues received under ORS
633.311 to 633.479 and 633.994 in the Department of Agriculture Service Fund.
The revenues shall be continuously appropriated to the department for the
purpose of administering and enforcing ORS 633.311 to 633.479 and 633.994. [2001
c.914 §11]
633.380 [Amended by 1965 c.268 §11; 1977 c.799 §5;
repealed by 2001 c.914 §30]
633.385
Department access; sampling of products. (1) The State Department of Agriculture shall have access at
reasonable times to records, premises, materials or conveyances as necessary
for the purpose of implementing ORS 633.311 to 633.479 and 633.994.
(2) The department may take samples of any
fertilizer, agricultural amendment, agricultural mineral or lime product or
other substance sold, offered for sale or distributed into or within this state
at times the department deems necessary for the purpose of determining
compliance with ORS 633.311 to 633.479 and 633.994.
(3) All sampling and analyses of
fertilizer, agricultural amendment, agricultural mineral and lime products
shall be made according to methods approved by the department. [2001 c.914 §13]
633.388
Reports of official sample.
(1) A report of official sample, signed and acknowledged by a chemist employed
by the State Department of Agriculture, other state agency or laboratory
facility designated by the department, relating to the analysis of any
fertilizer, agricultural amendment, agricultural mineral or lime product is
prima facie evidence that the sample identified in the report of official
sample was properly analyzed and that the substance analyzed contained the
constituent parts stated in the report of official sample.
(2) A report of official sample, signed
and acknowledged by the department, relating to the sampling of any product is
prima facie evidence that the sample identified was taken from parcels,
containers or lots identified in the official request for analysis. [2001 c.914
§12]
633.390 [Amended by 1955 c.235 §5; 1965 c.268 §12;
1977 c.799 §6; repealed by 2001 c.914 §30]
633.400 [Amended by 1955 c.235 §6; 1965 c.268 §13;
repealed by 1977 c.799 §7]
633.410 [Repealed by 1969 c.131 §5]
633.420 [Amended by 1955 c.235 §7; 1977 c.799 §8;
repealed by 2001 c.914 §30]
633.430 [Amended by 1955 c.235 §8; 1961 c.425 §18;
1977 c.799 §9; repealed by 2001 c.914 §30]
633.440 [Amended by 1965 c.268 §14; 1975 c.129 §1;
1977 c.799 §10; 1989 c.833 §64; repealed by 2001 c.914 §30]
633.441
Rules. In accordance with
the applicable provisions of ORS chapter 183, the State Department of
Agriculture may adopt rules necessary to implement, administer and enforce ORS
633.311 to 633.479 and 633.994, including but not limited to rules for:
(1) Fertilizer, agricultural amendment,
agricultural mineral and lime product:
(a) Handling;
(b) Sampling;
(c) Storage;
(d) Labeling;
(e) Distribution;
(f) Definitions;
(g) Analysis;
(h) Records;
(i) Use;
(j) Minimum percentages;
(k) Investigational allowances; and
(L) Ingredients.
(2) Public access to product information
of any fertilizer, agricultural amendment, agricultural mineral or lime
product. [2001 c.914 §15]
633.445
Orders preventing sale or other disposition of product; seizure. (1) When the State Department of Agriculture
has reasonable cause to believe any quantity or lot of fertilizer, agricultural
amendment, agricultural mineral or lime product is sold, offered for sale,
stored, used or distributed in violation of ORS 633.311 to 633.479 and 633.994
or rules adopted thereunder, the department may, in accordance with ORS 561.605
to 561.620, issue and enforce a stop sale, use or removal order prohibiting the
disposal, distribution, use or removal of the quantity or lot of product in any
manner. The department may enforce the order until all actions against the
order, including any contested case, are resolved or until the department gives
written permission releasing the product for disposal, distribution, use or
removal. The department shall given written permission releasing the product
when ORS 633.311 to 633.479 and 633.994 are complied with.
(2) In accordance with ORS 561.605 to
561.620, the department may seize any quantity or lot of product that the
department determines does not comply with ORS 633.311 to 633.479 and 633.994. [2001
c.914 §14]
633.450 [Amended by 1955 c.235 §9; 1977 c.799 §11;
repealed by 2001 c.914 §30]
633.460 [Amended by 1955 c.235 §10; 1959 c.78 §2;
1965 c.268 §15; 1977 c.799 §12; 1989 c.833 §65; 1997 c.249 §192; repealed by
2001 c.914 §30]
633.461
Inspection fees; statement of distributions; failure to pay inspection fee;
collection fee; record keeping.
(1) An inspection fee in the amount set forth under subsection (2) of this
section shall be paid to the State Department of Agriculture by any person who:
(a) Sells or distributes into this state,
from foreign or domestic sources, a fertilizer, agricultural mineral or
agricultural amendment product used as an ingredient in the in-state
manufacture of a fertilizer, agricultural mineral or agricultural amendment
product;
(b) Sells or distributes into this state,
from foreign or domestic sources, an end-use fertilizer, agricultural mineral
or agricultural amendment product for use within this state; or
(c) Sells or distributes into this state a
fertilizer, agricultural mineral or agricultural amendment product to the extent
the product is composed of ingredients for which an inspection fee was not
charged under paragraph (a) or (b) of this subsection.
(2) A person described in subsection (1)
of this section shall pay the department an inspection fee in an amount established
by rule:
(a) Not to exceed $0.45 for each ton of
fertilizer, agricultural mineral or agricultural amendment products sold or
distributed, of which an amount not to exceed $0.25 must be continuously
appropriated to the department for the sole purpose of funding grants for
research and development related to the interaction of fertilizer, agricultural
mineral or agricultural amendment products and ground water or surface water as
described in ORS 633.479 (1).
(b) Not to exceed $0.05 for each ton of gypsum,
land plaster and each agricultural mineral with a principal ingredient of
calcium sulfate (CaSO4 2H2O) sold or distributed.
(3) Each person responsible for paying an
inspection fee shall file a semiannual statement with the department, on forms
provided by the department, setting forth the total tonnage of each product
distributed into or within the state during each reporting period. There will
be two six-month reporting periods, January 1 through June 30 and July 1
through December 31 of each year. Semiannual statements and inspection fees are
due within 30 days after the end of each reporting period.
(4) Notwithstanding ORS 633.362, the
department may suspend or deny registration of a product until the statement is
filed and the inspection fee is paid as required under this section.
(5) If a person required to file a
semiannual statement under subsection (3) of this section does not sell or
distribute any fertilizer, agricultural amendment or agricultural mineral
product during a reporting period, the person shall file a statement declaring
that no sales or distribution occurred.
(6) If a person required to file a
semiannual statement or pay an inspection fee does not file the statement or
pay the fee within 30 days of the due date established by the department, the
department may assess a collection fee of 10 percent of the amount due or $25,
whichever is greater, and the department may withhold registration of the
product until the report is filed and the fee is paid.
(7) A person required to file a semiannual
statement under subsection (3) of this section shall maintain records and a
bookkeeping system that accurately indicate the tonnage of fertilizer,
agricultural mineral or agricultural amendment product that is subject to
annual inspection fees. Such records shall be maintained for a period of three
years. The department may examine such records to verify the reported annual
inspection fees related to the amounts of product sold or distributed in this
state.
(8) Inspection fees may not be assessed on
any fertilizer, agricultural mineral or agricultural amendment product in
commercial transit that is not intended for use or final distribution in this
state.
(9) The provisions of ORS 561.450 apply to
a person who refuses to pay inspection fees due to the department under this
section.
(10) In the case of duplicate inspection
fee payments, an application for refund must be made on forms provided by the
department and submitted to the department within 180 days of the alleged
overpayment. [2001 c.914 §18]
633.470 [Amended by 1963 c.43 §1; 1965 c.268 §16;
1977 c.799 §13; repealed by 2001 c.914 §30]
633.471
Statement of lime product sales and distributions; collection fee. (1) A semiannual statement shall be filed
with the State Department of Agriculture by any person who:
(a) Sells or distributes into this state,
from foreign or domestic sources, lime products used as an ingredient in the
in-state manufacture of a fertilizer, agricultural amendment, agricultural
mineral or lime product;
(b) Sells or distributes into this state,
from foreign or domestic sources, end-use lime products for use within this
state; or
(c) Sells or distributes into this state a
lime product composed of ingredients not described under paragraph (a) or (b)
of this subsection.
(2) Each person required to file a
statement under this section shall file a semiannual statement with the
department. The statement shall set forth the total tonnage of lime product
sold or distributed into this state during the filing period. There will be two
six-month reporting periods, January 1 through June 30 and July 1 through
December 31 of each year. Semiannual statements are due within 30 days after
the end of each reporting period.
(3) If a person required to file a
semiannual statement under subsection (1) of this section does not sell or
distribute lime products during a reporting period, the person shall file a
statement declaring that no sales or distribution occurred.
(4) If a person does not file a semiannual
report required under this section, the department may assess a collection fee
of $25.
(5) A person required to file a semiannual
statement under this section shall maintain records and a bookkeeping system
that accurately indicate the tonnage of lime product sold or distributed into
this state. Such records shall be maintained for a period of three years. [2001
c.914 §20]
633.475 [1965 c.268 §7; repealed by 2001 c.914 §30]
633.476
Record keeping for custom mix products; inspection. (1) A person mixing or selling a custom mix
of fertilizer, agricultural amendment, agricultural mineral or lime products
shall keep for a period of at least three years after mixing a record showing:
(a) The name and address of the purchaser;
(b) The date of mixing;
(c) A unique identifier for each mixture;
(d) The guarantees and information
required under ORS 633.321 to 633.341 or a list of the registered ingredients
showing the number of pounds and the grade of each ingredient in the mixture or
batch; and
(e) Any other information required by the
State Department of Agriculture.
(2) Undelivered parts of a custom mixture
or batch shall at all times be identified with the purchasers name and unique
identifier.
(3) The records required by this section
shall be available for inspection during normal business hours by either the
purchaser or the department. [2001 c.914 §21]
633.479
Fertilizer Research Committee.
(1) There is created the Fertilizer Research Committee to advise the Director
of Agriculture on the funding of grants for research and development related to
the interaction of fertilizer, agricultural mineral and agricultural amendment
products and ground water or surface water. The committee shall consist of
seven members appointed by the director as follows:
(a) The Director of Agriculture or the
directors designee;
(b) Two members of the public who have no
involvement in the manufacture, distribution or sale of fertilizer,
agricultural mineral or agricultural amendment products;
(c) Three members representing the
fertilizer, agricultural mineral or agricultural amendment industry; and
(d) One member representing
(2) The term of each member is two years,
but a member serves at the pleasure of the director. Before the expiration of
the term of a member, the director shall appoint a successor whose term begins
on January 1 next following. A member is eligible for reappointment. If there
is a vacancy for any cause, the director shall make an appointment to become
immediately effective for the unexpired term.
(3) The committee shall select one of its
members as chairperson and another as vice chairperson, for such terms and with
duties and powers necessary for the performance of the functions of such
offices as the committee determines.
(4) A majority of the members of the
committee constitutes a quorum for the transaction of business.
(5) The committee shall meet at times and
places specified by the call of the chairperson or of a majority of the members
of the committee.
(6) The director may appoint an alternate
committee member for each member of the committee. [2001 c.914 §19]
633.480 [Repealed by 1965 c.268 §18]
633.485 [1965 c.268 §17; 1977 c.799 §14; repealed by
2001 c.914 §30]
633.495 [1965 c.268 §8; 1977 c.799 §15; 1979 c.29 §1;
repealed by 2001 c.914 §30]
633.500 [1977 c.799 §17; repealed by 2001 c.914 §30]
633.510 [Repealed by 1955 c.379 §23]
SEEDS
633.511
Definitions for ORS 633.511 to 633.750. As used in ORS 633.511 to 633.750:
As used in ORS 633.511 to 633.750:
(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 seed or as lawn or turf seed, and
mixtures of any of such seeds, as may be determined by the Director of
Agriculture.
(2) Certified, as applied to bulblets,
tubers or horticultural plants or to agricultural, cereal grain, flower or
vegetable seed, means inspected and labeled by and in accordance with the
standards and rules and regulations adopted by the dean under ORS 633.620 or in
accordance with similar standards established by some similar regularly
constituted authority in another state or country.
(3) Conditioner means any person who
cleans, blends, bags or stores seed.
(4) Dean means the dean of the College of
Agricultural Sciences of Oregon State University, or agent.
(5) Director means the Director of
Agriculture, or agent.
(6) 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.
(7) Inert matter includes stones, dirt,
leafage, stems, badly broken seed and masses of spores.
(8) Labeling includes all labels and
other 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.
(9) Mixed seed and mixture mean any
lot of seed that contains in excess of five percent by weight of each of two or
more kinds or varieties of agricultural, flower or vegetable seed.
(10) Other crop seed means that part of
any lot or sample of seed that consists of agricultural, cereal grain, flower
or vegetable seeds other than those named on the label.
(11) Percentage of germination means the
percentage of pure seed of a lot or sample that produces satisfactory sprouts
before the close of a standard germination test as prescribed pursuant to ORS
633.580.
(12) Percentage of hard seed means the
percentage of pure seed of any lot or sample that remains in its normal hard
condition at the close of a standard germination test as prescribed pursuant to
ORS 633.580.
(13) Prohibited noxious weed seed means
the seed of weeds that when established are highly destructive, competitive and
difficult to control by ordinary good cultural practice.
(14) Pure seed means the agricultural,
flower or vegetable seed of which there is the largest percentage by weight in
any unmixed lot or sample and, in the case of mixtures, includes any
agricultural, flower or vegetable seed consisting of not less than five percent
by weight of the kind or kinds of seed under consideration, as distinguished
from other crop seed, weed seed and inert matter.
(15) Restricted noxious weed seed means
the seed of such weeds as are very objectionable in fields, lawns and gardens
but can be controlled by good cultural practice.
(16) Retailer means any person who
sells, offers or holds for sale, agricultural, flower or vegetable seed to
ultimate consumers or users for planting purposes.
(17) Vegetable seed means the seed of
those crops usually grown in
(18) Weed seed means any seed or
bulblets other than agricultural, cereal grain, flower or vegetable.
(19) Wholesaler means any person who
sells, offers or holds for sale, agricultural, flower or vegetable seed to
retailers, distributors, brokers or other wholesalers for resale. [1955 c.379 §2;
1969 c.132 §1; 1977 c.625 §1; 1981 c.196 §1; 1995 c.79 §323; 1995 c.371 §1;
2003 c.14 §382; 2007 c.281 §1]
633.520
Labeling agricultural seed or bulk flower seed. Each container of agricultural seed, or of
more than one pound of flower seed, sold, offered or exposed for sale, or
transported within this state shall bear or have attached in a conspicuous
place a legibly written or printed label or tag prepared from information developed
from a seed test as prescribed by rule by the Director of Agriculture and that
states in the English language:
(1) The commonly accepted name of the kind
or the kind and variety of each agricultural or flower seed component
constituting in excess of five percent of the whole and the percentage by
weight of each. If any such component is one that the director, pursuant to ORS
633.680, has determined is generally labeled as to variety, the label or tag
shall bear, in addition to the name of the kind, either the name of such
variety or the statement Variety Not Stated. If more than one agricultural or
flower seed is named, the word mixture or the words mixed seed shall appear
conspicuously on the label or tag.
(2) The country or state where grown. If
unknown, the fact that the country or state where grown is unknown shall be
stated.
(3) The lot number or other lot
identification.
(4) The total percentage, by weight, of
other crop seed.
(5) The total percentage, by weight, of
weed seed.
(6) The total percentage, by weight, of
inert matter.
(7) The name and number per pound of each
kind of noxious weed seed restricted in Oregon, or the statement No Noxious
Found, or a similar statement, if the sample is free of all noxious weed seeds
listed in the administrative rules.
(8) For each named agricultural or flower
seed:
(a) The percentage of germination. If
germination data is based on tests other than sprouting, that shall be so
stated on the label.
(b) The percentage of hard seed, if more
than one percent.
(9) The month and year the test to
determine the data required by this section was completed.
(10) The name and address of the person
who labeled the seed or who sells, offers or exposes such seed for sale within
the state.
(11) The year and month beyond which an
inoculant, if shown in the labeling, is no longer claimed to be effective.
(12) If such seed or mixture is intended
for seeding purposes and has been treated, the following:
(a) A statement that the seeds have been
treated.
(b) The commonly accepted chemical or
abbreviated chemical name of any substance used in such treatment.
(c) A descriptive statement, approved by
the director as adequate for the protection of the public, of any process used
in such treatment.
(d) If the substances used in such
treatment in the amount remaining with the seeds is harmful to humans or other
vertebrate animals, an appropriate warning statement, approved by the director
as adequate for the protection of the public.
(13) A statement of the net quantity of
the contents of each container in terms of the net weight of such container. [Amended
by 1955 c.379 §3; 1969 c.132 §2; 1995 c.371 §2; 2007 c.281 §2]
633.530 [Repealed by 1955 c.379 §23]
633.531
Labeling vegetable or flower seed weighing one pound or less. Each container of vegetable seed or flower
seed that is sold, offered for sale, exposed for sale or transported within
this state and that has a net weight of one pound or less shall be legibly
labeled:
(1) With the commonly accepted name of the
kind or the kind and variety of the seed.
(2) With the name and address of the
person who labeled the seed or who sells, offers or exposes such seed for sale
within this state.
(3) With the year for which the seed was
packed for sale, or the percentage of germination and the date the test was
completed.
(4) In the case of seed that has a
percentage of germination less than the standard prescribed by the Director of
Agriculture under authority of ORS 633.680, with:
(a) The percentage of germination.
(b) The percentage of hard seed, if more
than one percent.
(c) The month and year the test to
determine the data required by this section was completed.
(d) The words substandard germination in
not less than eight-point boldfaced type.
(5) With the labeling data required by ORS
633.520 (12) and (13). [1955 c.379 §4; 1969 c.132 §3; 1995 c.371 §3; 2007 c.281
§3]
633.540 [Repealed by 1955 c.379 §23]
633.541
Labeling vegetable seed weighing more than one pound. Each container of vegetable seed weighing more
than one pound net weight shall be labeled with:
(1) The name of the kind and variety of
the contents.
(2) The lot number or other lot
identification.
(3) The name and number per pound of each
kind of restricted noxious weed seed, or the statement No Noxious Found, or a
similar statement, if the sample is free of all noxious weed seeds listed in
the administrative rules.
(4) The percentage of germination or, if
the percentage of germination meets or exceeds the standard established by the
Director of Agriculture pursuant to ORS 633.680, at the option of the person
for whom the container is labeled, the words Oregon Standard Germination.
(5) The percentage of hard seed, if more
than one percent.
(6) The month and year the test to
determine the data required by this section was completed.
(7) The name and address of the person who
labeled such seed or who sells, offers or exposes such seed for sale within
this state.
(8) The labeling data required by ORS
633.520 (12) and (13). [1955 c.379 §5; 1969 c.132 §4; 1995 c.371 §4]
633.545
Labeling bins and bulk displays. All bins and other bulk displays of agricultural, flower or vegetable
seed, and mixtures of agricultural, flower or vegetable seed, or both, shall be
labeled with the data required to be present on containers of agricultural,
flower or vegetable seed prescribed in ORS 633.520, 633.531 and 633.541. [1955
c.379 §6; 2007 c.281 §4]
633.550
Exemptions from labeling provisions. (1) In the following cases agricultural, flower or vegetable seeds, or
mixtures of agricultural, flower or vegetable seeds, or both, are exempt from
the labeling provisions of ORS 633.520, 633.531 and 633.541, except that any
labeling or other representation that is made with respect to such seed shall
conform to those sections:
(a) When sold to be recleaned before being
sold, offered or exposed for sale for seeding purposes.
(b) When held in storage or consigned to a
seed handling establishment for conditioning.
(c) When held, sold or exposed for sale
for milling, food or feeding purposes only.
(d) When transported from field to
conditioner and between conditioner and dealer. However, if labeled, the seed
must be labeled accurately.
(2) Containers of agricultural, flower or
vegetable seeds, or mixtures of agricultural, flower or vegetable seeds, or
both, are exempt from the labeling provisions of ORS 633.520, 633.531 and
633.541 when such containers are filled in the presence of the purchaser from
bins or other bulk display containers if such bins or bulk display containers
are labeled with the information otherwise required to be present on individual
packages of such seed. [Amended by 1955 c.379 §7; 1981 c.196 §2; 1995 c.371 §5;
2007 c.281 §5]
633.560 [Repealed by 1955 c.379 §23]
633.561
Preparation of list of prohibited noxious weed seeds and restricted noxious
weed seeds. The director
shall prepare a list of prohibited noxious weed seeds and a list of restricted
noxious weed seeds. On the list of restricted noxious weed seeds the director,
with the concurrence of the dean, shall specify the number of such seeds per
pound that may be present in agricultural, flower or vegetable seed. [1955
c.379 §15; 1981 c.196 §3; 2007 c.281 §6]
633.570 [Repealed by 1955 c.379 §23]
633.571
Changes in lists; publication of changes. (1) The director, with the concurrence of the dean, may make the
following changes in the list of prohibited noxious weed seeds or in the list
of restricted noxious weed seeds:
(a) The addition to either list of the
name of the seed of any weed.
(b) The removal from either list of the
name of the seed of any weed.
(c) A change in the list of restricted
noxious weed seeds of the number of such seeds per pound that may be present in
agricultural, flower or vegetable seed.
(2) In determining whether the name of the
seed of any weed should be added to or removed from either list, or whether a
change should be made in the number of any restricted noxious weed seed that
may be present in agricultural, flower or vegetable seed, the director and the
dean shall consider the following factors:
(a) The prevalence of such weed in the
state.
(b) The potential effect upon the seed
industry and agriculture generally.
(c) Means of effective control or
eradication.
(d) Toxicity to animals, including humans.
(e) Methods of separation from other
seeds.
(f) Any other factor that may in the
judgment of the director and the dean be a reasonable ground for making such
change.
(3) The director shall cause all changes
made pursuant to this section to be given to the press and printed in pamphlet
form available for distribution. [1955 c.379 §16; 1983 c.740 §235; 2007 c.281 §7]
633.580
Seed testing laboratory; cooperative agreements with federal agency. (1) The dean shall maintain and operate a
properly equipped seed testing laboratory in connection with the agricultural
experiment station at Oregon State University and shall make all tests,
including germination tests, on regulatory samples agreed upon as necessary by
the director and the dean and in accordance with rules and regulations,
promulgated after agreement, by the director.
(2) The dean may enter into cooperative
arrangements with the United States Department of Agriculture for research work
in seed testing and for such portion of the regulatory and general seed testing
work as may be mutually agreeable. [Amended by 1955 c.379 §8]
633.590 [Repealed by 1955 c.379 §23]
633.600
Fees for seed tests; rules and regulations. (1) The dean may authorize the seed testing laboratory to make seed
tests for certification purposes and commercial tests for the use of any
person.
(2) The dean may fix and determine the fee
or charge for seed testing work so as to cover the cost.
(3) The dean may make reasonable rules and
regulations covering any phase of seed testing, require the payment of the fees
and charges and refuse further seed testing to any person failing to pay
promptly the charges for the seed testing. [Amended by 1955 c.379 §9]
633.610
Seed testing fund. All
moneys collected as fees or charges for seed testing work shall be deposited in
a special fund to be known as the seed testing fund. The fund shall be
maintained by the dean, who may expend such funds, in the manner usually
employed by the experiment station in disbursement of receipts, for:
(1) Salaries, wages and necessary expenses
of employees while on official duty.
(2) The purchase of necessary equipment,
materials and supplies.
(3) Other expenses necessary to the
carrying out of seed testing work.
633.620
Certification of seeds, tubers and plants; fees; rules. (1) The certification of varieties of
agricultural, cereal grain, flower or vegetable seeds, or of tubers or
horticultural plants, for planting purposes as certified seeds, tubers or
plants shall be conducted in this state by the dean.
(2) The varieties eligible for
certification, the rules and regulations and standards for such certification
that will provide for seed of high quality and the official seals and tags
shall be determined upon and adopted by the dean.
(3) The dean may establish field
inspection fees and charges for inspection and certification in an amount
sufficient to cover the cost of such work. The dean may also charge the
approximate cost price for tags, ties and seals and make charges covering the
cost of field, threshed-seed or bin inspections when such inspections are
called for at such times and places as to involve a total expense in excess of
the income from the established fees or charges. In all cases the fees and
charges shall be fixed at a rate that will cover the approximate cost of the
work.
(4) The dean may authorize the inspection
and certification of tubers and agricultural, cereal grain, flower and
vegetable seeds without the collection of fees when grown in areas not in
excess of one acre by members of 4-H Clubs and of the Future Farmers of
America.
(5)(a) Notwithstanding any other provision
of this section, the dean may enter into agreements with appropriate
agricultural or educational agencies of the State of
(b) As used in this subsection hard seed
means alfalfa, beans, clover, peas, soybean, trefoil, vetch, barley, oats, rye,
triticale, wheat, buckwheat, lupine, rape, sunflower, sugar beets, vegetable
seed, flower seed and corn.
(6) Notwithstanding any other provision of
this section, and in addition to the authority granted by subsection (5) of
this section, the dean may enter into agreements with appropriate public or
private agencies to assist the
633.630
Certification fund. (1) All
moneys collected as fees or charges for inspection and certification of
agricultural, cereal grain, flower and vegetable seeds, and of tubers and
horticultural plants, shall be receipted for and deposited in a special fund to
be known as the certification fund. The fund shall be maintained by the dean,
who may expend such funds for no other purposes than the following:
(a) Salaries, wages and necessary travel
and other expenses of employees while on official duty.
(b) The purchase of necessary equipment,
materials and supplies.
(c) Other expenses necessary to the
carrying out of such inspection and certification.
(2) The expenditures shall be made in
accordance with the usual disbursement of receipts of the cooperative
agricultural extension service. [Amended by 1955 c.379 §11; 2007 c.281 §9]
633.640
Dean may employ assistants.
For the purposes of performing the duties assigned to the dean, in carrying out
ORS 633.511 to 633.750, the dean may employ necessary assistance and delegate
to such assistants, analysts and inspectors so employed the duties assigned to
the dean by those sections. [Amended by 2003 c.14 §383]
633.650 [Repealed by 1955 c.379 §23]
633.651
Prohibited acts. (1) A
person may not sell, offer for sale, expose for sale or transport for use in
planting in the State of
(a) That except as provided in ORS
633.550, has not been labeled as required by ORS 633.520, 633.531 and 633.541;
(b) That bears a label that is false or
misleading;
(c) That contains any prohibited noxious
weed seeds;
(d) That contains restricted noxious weed
seeds in excess of the permissible numbers per pound established under ORS
633.561 or 633.571 (2);
(e) That has not been tested within the 18
months next preceding such sale, offering for sale, exposure for sale or
transportation, not including the calendar month in which the test was
completed, to determine the percentage of germination for the labeling
requirements of ORS 633.520, 633.531 and 633.541. The Director of Agriculture
may, pursuant to the authority of ORS 633.680, establish by order a shorter
period for kinds of seed that the director finds under ordinary conditions of
handling will not maintain a germination within the established limits of
tolerance during an 18-month period, or longer period for kinds of such seed
that are packaged in such container materials and under such conditions as the
director may determine will, during such longer period, maintain the viability
of the seed under ordinary conditions of handling. Any person in possession of
seeds shall keep on file available for State Department of Agriculture
inspection the original or duplicate copy of the latest test made of such seeds
that shows, in addition to the information required by the provisions of this
section, the date and the name of the person making such test; or
(f) That, if it is a variety for which a
certificate of plant variety protection under the federal Plant Variety
Protection Act specifies sale only as a class of certified seed, is sold or
exposed for sale by variety name but has not been so certified by any official
seed certifying agency. However, seed from a certified lot may be labeled as to
variety name when used in a mixture by, or with the written approval of, the
owner of the variety.
(2) A person may not substitute
uncertified for certified seed.
(3) A person may not use tags or seals
indicating certification other than as prescribed by a certification agency, as
authorized by ORS 633.620 or 633.511 (2).
(4) Unless the tuber, horticultural plant
or agricultural, cereal grain, flower or vegetable seed has been produced,
tested, examined and labeled in accordance with ORS 633.511 to 633.750 and the
rules and regulations of this state or the official certification agency of
another state, territory or country, a person may not:
(a) Sell, offer for sale, expose for sale,
advertise or transport any such tuber, plant or seed representing it to be
certified; or
(b) Use in connection with such tuber,
plant or seed any tags or seals similar to those used in official
certification, as established pursuant to ORS 633.620 or 633.511 (2).
(5) A person may not alter or falsify any
seed labels, seed tests, records or other documents pertaining to seed
dealings. [1955 c.379 §12; 1957 c.407 §1; 1969 c.132 §5; 1981 c.196 §4; 1983
c.740 §236; 1995 c.371 §6; 2003 c.14 §384; 2007 c.281 §10]
633.655
When penalties not applicable.
A person is not subject to the penalties of ORS 633.992 for having sold,
offered for sale, exposed for sale or transported in this state any
agricultural, flower or vegetable seed, that:
(1) Is incorrectly labeled or represented
as to kind and variety or origin, if the seeds cannot be identified except by a
field test, when such person:
(a) Obtains an invoice or growers
declaration stating the kind, or kind and variety, and origin, if required;
(b) Takes such invoice or growers
declaration in good faith; and
(c) Takes such other precautions as are
reasonable to ensure the identity of the seeds to be as stated.
(2) Does not conform to the label on the
container, but is within the tolerances authorized by the director under ORS
633.680 (1). [1955 c.379 §21; 1971 c.489 §4; 2007 c.281 §11]
633.660
Enforcement and administration.
The director shall enforce ORS 633.511 to 633.750 and 633.996. However, the
enforcement of certification regulations and the work of testing seeds and
sampling, inspecting, sealing and certification labeling of tubers and
horticultural plants and of agricultural, cereal grain, flower and vegetable
seeds for certification, as provided by ORS 633.600 to 633.640, shall be done
by the dean. [Amended by 1955 c.379 §13; 2007 c.281 §12]
633.670
Inspection and sampling of seeds; seizure of seeds; report of inspection work. (1) In the enforcement of ORS 633.511 to 633.750
and 633.996, the Director of Agriculture, deputies of the director, inspectors
or samplers may:
(a) Enter during regular business hours
any store, warehouse, mill, cleaning or storage place, depot or other
structure, freight car or other vehicle, in which agricultural, flower or
vegetable seeds are being sold or offered for sale, stored, handled or
transported.
(b) Either alone or in the presence of a
representative or employee of the person whose premises are so entered, examine
and inspect any agricultural, flower or vegetable seeds being possessed, sold,
offered or exposed for sale for planting purposes, in this state, for their
compliance with those sections.
(c) Draw or cause to be drawn a
representative sample of any lot of such seed for official testing and analysis
or, in the case of individually packaged seeds, select a number of such
packages as a representative sample.
(d) Examine any records or documents
pertaining to any seed being sold or offered for sale, or records pertaining to
any seed that has previously been sold or any other records involved in seed
dealings.
(2) Any sample so drawn may represent any
lot, or portion of such lot, of such seed that shall be divided, at the request
of the owner or person in charge, into two approximately duplicate samples,
each of which shall be properly identified, labeled and sealed in accordance
with the rules and regulations adopted under ORS 633.680. One of the samples
shall be transmitted to the agricultural experiment station seed laboratory at
(3) The director may seize any container
of agricultural, flower or vegetable seed possessed, sold, offered or exposed
for sale for planting purposes in this state that appears to be in violation of
any of the provisions of ORS 633.511 to 633.750, and proceed in the manner
directed by law for the disposal of products seized by the State Department of
Agriculture.
(4) Any sample taken under those sections,
and the report showing the results of the official test made on any such
sample, shall be prima facie evidence in any court in this state of the true condition
of the entire lot, in the examination of which the sample was taken.
(5) A copy of the result of any such test
shall be mailed to the person or authorized representative, if known, owning,
possessing or holding the seed from which the sample was drawn.
(6) The director may cause to be published
in the official paper or bulletin of the department a report of all seed
inspection work done for regulatory purposes and shall indicate in the report:
(a) The name and address of each person
whose seed was inspected.
(b) The total number of such inspections.
(c) The number and kind of seeds of which
samples were inspected and tested.
(d) The number or a list of samples
complying with ORS 633.511 to 633.750.
(e) A detailed list showing kinds of seed
and the nature of violations of any of the provisions of those sections as
found in the inspection and testing of any such seeds belonging to any such
person. [Amended by 1955 c.379 §14; 1995 c.371 §7; 2003 c.14 §385; 2007 c.281 §13]
633.680
Establishment of standards of germination; rules and regulations; fees and
charges. (1) The Director of
Agriculture shall establish standards of germination for vegetable seed, and
shall make reasonable rules and regulations necessary to effectuate the purpose
of ORS 633.511 to 633.750 and 633.996, covering:
(a) Licensing, suspension, reinstatement
and revocation of licenses, which rules and regulations shall conform to the
law governing suspension, refusal or revocation of licenses by the State
Department of Agriculture.
(b) Regulatory and official sampling.
(c) Labeling of seeds, including such
additional information as may be required in order to maintain uniformity with
the laws and regulations of the federal government or of other states.
(d) Quarantining, which rules and
regulations shall conform to the law for establishment of quarantines by the
State Department of Agriculture.
(e) Seizure, treatment and disposition of
seeds from outside this state.
(f) Seizure of seeds.
(g) Changes in the list of prohibited noxious
weed seeds and in the list of restricted noxious weed seeds.
(h) Tolerances for differences between the
contents of a container of agricultural or vegetable seed and the label
thereon.
(i) The types of records and the
procedures for handling forms and records that must be kept by seed dealers and
seed conditioners.
(j) The identity of varieties of
agricultural seed required by ORS 633.520.
(k) The variations in time provided for in
ORS 633.651.
(L) The use and labeling of hermetically
sealed or other types of containers or conveyances involving seeds.
(m) The type of analysis tests that must
be conducted to develop information used in preparing seed labels or tags.
(2) The director may adopt rules
establishing standards for forms used in reporting analysis of seed.
(3) The director may establish fees and
charges for official sampling, applied for by the owner, at an amount
sufficient to cover the cost. The director may also establish reasonable
charges covering issuance of permits, and the treatment and disposition of
seeds seized and held under quarantine. However, in any case where the service
involved is in such location or under such circumstances that the usual fees or
charges are insufficient to cover the expense, the director may make additional
charges to avoid loss to this state. [Amended by 1955 c.379 §17; 1969 c.132 §6;
1995 c.371 §8]
633.690
Quarantine of seed entering state; disposition of nonconforming seed. (1) The director may place a quarantine on
all agricultural, flower or vegetable seed entering this state from any outside
source. However, seed labeled in accordance with ORS 633.520, 633.531 and
633.541 shipped into the state by any person holding an
(2) The director may draw necessary
samples of such seed and hold such seed until the necessary tests are completed
and arrangements for the disposition of the seed are consummated. If the seed
is found to be in compliance with those sections it shall be immediately
released. If the seed is found to be in violation of any part of those
sections, the director shall so notify the shipper and, unless the director is
instructed to return such seed within 30 days or unless such seed is put in
condition to comply with the provisions of those sections and all costs
covering such inspection and seizure are paid, the director shall cause the
seed to be destroyed. [Amended by 1955 c.379 §18; 1981 c.196 §5; 2003 c.14 §386;
2007 c.281 §14]
633.700
Licenses required to sell seed; exemption; rules; fees. (1) A person may not sell, offer or expose
for sale in this state any agricultural or vegetable seeds unless the person
holds an unsuspended license issued by the State Department of Agriculture. A
person selling, offering or exposing for sale only flower seeds at retail must
hold an unsuspended license issued by the department. However, any person
selling seeds of the persons own production exclusively, and persons selling
only flower or vegetable seeds at retail, in packages weighing not in excess of
one-half pound, as prepared for such trade by other seed companies, if the seed
company preparing such packaged seed for sale, has a license in force for the
sale of such seed in this state, is not required to secure such license. For
the purposes of this section, persons operating more than one branch, plant or
warehouse where seeds are sold, offered or exposed for sale shall secure a
separate license for each such branch, plant or warehouse.
(2) Any person desiring to sell, offer or
expose for sale in this state any agricultural, flower or vegetable seeds, for
planting purposes, except as provided in this section, shall make application
to the director for a license for this purpose. The application shall be signed
by the applicant or the authorized agent of the applicant and shall be in a
form approved by the director. Upon presentation of such signed application for
a license and the tendering of the license fee established by the department
pursuant to subsection (3) of this section, the department shall issue the
license to the applicant. The license shall expire on June 30 next following the
date of issuance or on such date as may be specified by department rule.
(3) The department shall establish annual
license fees, not to exceed $40 for a retailers license and not to exceed $400
for a wholesalers license. Only one license shall be required for one persons
operation at one location. [Amended by 1955 c.379 §19; 1957 c.407 §2; 1977
c.625 §2; 1985 c.353 §4; 1989 c.514 §1; 1991 c.288 §1; 1993 c.665
§1; 2003 c.14 §387;
2007 c.281 §15; 2007 c.768 §39]
633.710 [Repealed by 1989 c.1035 §3]
633.711 [1989 c.1035 §§2,6; 1991 c.734 §56; 1995
c.371 §9; renumbered 633.996 in 2001]
633.720
Sampling and testing on request of owner of seed. On application of any person owning or
controlling any lot of seed, the director may draw an official sample of any
lot of such seed for official testing purposes. After dividing the sample into
two approximately equal portions and properly identifying, labeling and sealing
them, the director shall tender one portion to the applicant and shall send the
other portion directly to the agricultural experiment station for testing. The
experiment station shall report the results of such tests to the person for
whom such sample was drawn, and the person shall pay for such sampling at rates
established by the director, in accordance with ORS 633.680, and for the seed
testing at commercial rates as established by the dean in accordance with ORS
633.600.
633.730 [Amended by 1955 c.379 §20; 1957 c.407 §3;
repealed by 1959 c.31 §1]
633.740 [Repealed by 1959 c.31 §1]
633.750
Disposition of fees and charges paid under ORS 633.511 to 633.750. All fees paid to the State Department of
Agriculture pursuant to ORS 633.511 to 633.750, other than the fees and charges
specified in ORS 633.610 and 633.630, shall be deposited in the Department of
Agriculture Service Fund. All such moneys are continuously appropriated to the
department for the purpose of carrying out those sections. [Amended by 1979
c.499 §32; 2003 c.14 §388]
PENALTIES
633.990 [Amended by 1955 c.379 §22; 1961 c.314 §10;
subsection (1) enacted as 1961 c.314 §11; repealed by 1971 c.489 §11]
633.992
Criminal penalties.
Violation of any of the provisions of this chapter or regulations promulgated
thereunder is a misdemeanor. [1971 c.489 §10]
633.994
Civil penalties for fertilizer law violations. (1) In addition to any other liability or
penalty provided by law, a person that violates a provision of ORS 633.311 to
633.479 and 633.994 or rules adopted thereunder may be subject to a civil
penalty of not more than:
(a) $500 for the first violation within a
three-year period;
(b) $1,500 for the second violation within
a three-year period; and
(c) $10,000 for each subsequent violation
within a three-year period.
(2) Enforcement guidance for civil penalty
implementation consistency will be determined by rule.
(3) Notwithstanding subsection (1) of this
section, any violation that arises from gross negligence or willful misconduct
and results in substantial harm to human health or the environment may be
subject to a civil penalty of not more than $10,000 for the initial violation
or any subsequent violation.
(4) Each violation of a provision of ORS
633.311 to 633.479 and 633.994 that results from an action is a separate and
distinct violation. A continuing violation may be deemed a separate and
distinct violation for each days continued violation.
(5) A civil penalty imposed under ORS
633.311 to 633.479 and 633.994 may be remitted or reduced upon such terms and
conditions as the Director of Agriculture considers proper and consistent with
the public health and safety. [2001 c.914 §17]
633.996
Civil penalty for seed law violation. (1) Any person who violates any provision of ORS 633.511 to 633.750, a
rule adopted pursuant thereto or the terms or conditions of any order issued by
the State Department of Agriculture under ORS 633.511 to 633.750 shall be
subject to a civil penalty not to exceed $10,000 per violation.
(2) Each violation may be a separate and
distinct offense, and in the case of a continuing violation, each days
continuance thereof may be deemed a separate and distinct offense.
(3) The department shall adopt a schedule
or schedules establishing the amount of civil penalty that may be imposed for a
particular violation.
(4) Civil penalties under this section shall
be imposed as provided in ORS 183.745.
(5) Any civil penalty received by the
State Treasurer under this section shall be deposited in the General Fund to
the credit of the Department of Agriculture Account and is continuously
appropriated to the department for the administration and enforcement of the
laws and rules under which the penalty was assessed. [Formerly 633.711; 2003
c.14 §389]
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