Oregon Revised Statutes
Unless the context requires otherwise, as used in ORS 571.005 to 571.230: “Agent” means any person only soliciting orders in this state for the purchase or sale of nursery stock for any principal who is not licensed under ORS 571.005 to 571.230 and 571.991. “Dealer”: Means any person who deals in, sells, handles, consigns or accepts on consignment, import…
The Legislative Assembly finds and declares that the propagation and raising of nursery stock is an agricultural pursuit that should be regulated and assisted by the State Department of Agriculture. A nursery service shall be maintained within the department for the purpose of carrying out and enforcing the provisions of ORS 564.040, 564.991, 571.005 to 571.…
In order that there may be the closest contact between the State Department of Agriculture and the problems of the nursery industry, there hereby is created a State Nursery Research and Regulatory Committee which shall consist of seven members appointed by the Director of Agriculture. The director, as far as practicable, shall make appointments so that all s…
The Plant Pest and Disease Emergency Response Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Plant Pest and Disease Emergency Response Fund shall be credited to the fund. The fund shall consist of all moneys deposited to the fund under ORS 571.059. Moneys deposited to the fund are continuously …
ORS 571.055 (1) and 571.057 do not apply to: Any person whose business consists only of retail sales to the ultimate consumer and the total of such sales of nursery stock does not exceed $250 during a fiscal year. Except as provided in subsection (2) of this section, the provisions of ORS 564.040, 564.991, 571.005 to 571.230 and 571.991 apply at any time th…
No person, without first obtaining a license from the State Department of Agriculture, shall: Operate as a grower, dealer or agent. Advertise or display nursery stock for sale on any stand, market stall, store or other place of business. Advertise nursery stock for sale by the use of signboards, placards, public communications media, newspapers, business …
Each person required to be licensed by ORS 571.055 shall apply for a license, or for renewal of a license, on a form furnished by the State Department of Agriculture, that contains: The name and address of the applicant, the number of locations to be operated by the applicant and the addresses of those locations, and the assumed business name of the applica…
As used in this section, “dealer” and “grower” have the meanings given those terms in ORS 571.005. The State Department of Agriculture shall make a yearly determination of the additional amount, if any, required to achieve a principal balance of $250,000 in the Plant Pest and Disease Emergency Response Fund. If the department determines that an additional a…
Upon receipt of a fee established by the State Department of Agriculture, the department may issue a temporary nursery sale license for the holding of a nursery stock sale conducted by, or for the benefit of, a duly registered nonprofit organization, where such sale does not exceed seven consecutive days. Application for a temporary nursery sale license sha…
The fees for the renewal of the annual licenses and the fees for inspections required by ORS 571.005 to 571.230 and 571.991 shall be paid with the application for license renewal and before July 1 of each year or before such date as may be specified by rule of the State Department of Agriculture. Failure to pay the fees when due forfeits the right to operat…
All licenses issued under ORS 571.005 to 571.230 and 571.991 shall: Include the date of issue. Expire on June 30, next following the date of issue, unless sooner revoked by the State Department of Agriculture. Be in the form of a certificate. Be numbered serially under the direction of the department. Be posted in a conspicuous place on the premises of …
No agent’s license shall be issued or valid unless the agent’s principal has given the State Department of Agriculture written authorization to issue the license. An agent’s license shall be automatically suspended during any period when the agent is not acting as an agent or the principal has withdrawn or canceled the authorization. If the license has not…
A license is personal to the applicant and may not be transferred. A new license is necessary if the business entity of the licensee is changed or if the membership of a partnership is changed, irrespective of whether or not the business name is changed. The license issued to a grower or dealer applies to the particular premises named in the license. Howeve…
The State Department of Agriculture may, as provided in ORS chapter 183, suspend, revoke or refuse to issue or renew the license of any person when it is satisfied that: The applicant or licensee has been guilty of fraud, deception or misrepresentation in the handling or sale of nursery stock. The licensee was guilty of fraud, deception or misrepresentatio…
The State Department of Agriculture may issue a shipping permit number to any licensee who requests or requires one. The shipping permit number shall be the same as the license number and so designated on the license. When authorized or required by the department, the shipping permit number shall accompany all shipments and deliveries of nursery stock. The…
The State Department of Agriculture shall inspect each licensed nursery at least once and as often thereafter as the department considers necessary to determine and control pest, disease and noxious weed conditions. The department may make additional inspections as necessary for the issuance of phytosanitary and other certificates. Such additional inspectio…
The State Department of Agriculture is authorized to audit the books and records of applicants or licensees, as it deems necessary, in order to insure compliance with ORS 571.057. Such audit may be made at the applicant’s or licensee’s place of business during normal business hours, upon three days’ notice from the department. Notwithstanding the provisions…
No person, individually or acting for another person, such as an official or employee acting for a corporation, shall violate ORS 564.040, 564.991, 571.005 to 571.230 and 571.991.
No person shall: Substitute other nursery stock for nursery stock covered by an inspection certificate. Transport or accept for transportation nursery stock that does not carry the official inspection tag authorized by the State Department of Agriculture.
No grower, dealer or agent shall: Sell nursery stock representing it to be a name, age or variety different from what the nursery stock actually is. Represent that any nursery stock is a new variety, when in fact it is a standard variety and has been given a new name. Sell or represent cormels as corms or bulblets as bulbs. In addition to the provisions …
No person shall knowingly offer to sell, advertise or display nursery stock: That is dead, in a dying condition, seriously broken, desiccated, frozen or damaged by freezing, or materially damaged in any way. By any methods which have the capacity and tendency or effect of deceiving any purchaser or prospective purchaser as to the quantity, size, grade, kin…
No person shall knowingly offer to sell nursery stock that is infected or infested. Unless the nursery stock is held for separation or treatment under the supervision of an officer, employee or inspector of the State Department of Agriculture, no person shall advertise, display, transport, move, store or warehouse nursery stock that is infected or infested.…
When the State Department of Agriculture has cause to presume that any nursery stock will not perform in a normal manner, the officials, employees or inspectors of the department may issue a hold order for a period not to exceed 10 days. No person shall sell or dispose of in any manner such nursery stock within the 10-day period without written permission fr…
Nursery stock imported into Oregon must be accompanied by a certificate from the place of origin, signed by an authorized agent or representative of the agency supervising and responsible for carrying out the nursery stock laws of such originating state or country. The certificates shall contain additional information as may be required by the State Departme…
Except for fees paid under ORS 571.057, 571.063 and 571.145 (3), the State Department of Agriculture shall deposit all fees paid to it under ORS 571.005 to 571.230 and 571.991 in the General Fund in the State Treasury to the credit of the Department of Agriculture Account. Such fees are continuously appropriated to the department for the purpose of administe…
The State Landscape Contractors Board and the State Department of Agriculture shall enter into an interagency agreement to address how the board and the department shall ensure that licensed landscape contracting businesses comply with the provisions of this chapter.
As used in this section, “Oregon nursery” has the meaning given that term in ORS 197.469. The State Department of Agriculture shall certify an Oregon nursery as a green communities nursery if the nursery: Has practices in pest and disease management that satisfy standards established by the department; Materially demonstrates a history of compliance with …
ORS 571.260 to 571.348 shall be known and may be cited as the Oregon Hemp Act. Note: 571.260 to 571.348 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 571 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
The State Department of Agriculture shall administer an Oregon Hemp State Program for the production, processing and sale of hemp in this state. In carrying out the program, the department: Shall administer ORS 571.260 to 571.348. Shall adopt rules to implement a state plan for the production of hemp in accordance with the Agriculture Improvement Act of 20…
ORS 571.260 to 571.348 do not apply to the production or storage of homegrown plants in the genus Cannabis within the plant family Cannabaceae at a household by one or more persons 21 years of age or older, if the total amount of homegrown plants at the household does not exceed four plants at any time. As used in this section, “homegrown” and “household” h…
As used in ORS 571.260 to 571.348: “Adult use cannabinoid” has the meaning given that term in ORS 475C.009. “Adult use cannabis item” has the meaning given that term in ORS 475C.009. “Agricultural hemp seed” means Cannabis seed: That is sold to or intended to be sold to licensed growers for planting; or That remains in an unprocessed or partially proces…
Industrial hemp is an agricultural product that is subject to regulation by the State Department of Agriculture. For purposes of ORS chapter 616, the department may not consider industrial hemp or industrial hemp commodities or products to be an adulterant. Paragraph (a) of this subsection does not prohibit the department from considering artificially deri…
The Oregon Liquor and Cannabis Commission may purchase, possess, seize or dispose of industrial hemp products or commodities located on a premises licensed under ORS 475C.065, 475C.085, 475C.093, 475C.097 or 475C.548 or other area under the control of the premises licensee as the commission deems necessary to enforce and ensure compliance with: ORS 475C.005…
There is established in the State Treasury, separate and distinct from the General Fund, the Industrial Hemp Fund. Interest earned by the fund shall be credited to the fund. The fund shall consist of all moneys credited to or deposited in the fund. Moneys in the fund are continuously appropriated to the State Department of Agriculture for the purposes of imp…
As used in this section: “Industrial hemp” has the meaning given that term in ORS 571.269. “Marijuana” has the meaning given that term in ORS 475C.009. The Oregon Liquor and Cannabis Commission, in consultation with the State Department of Agriculture, shall develop by rule a methodology to distinguish whether a cannabis plant is marijuana or industrial h…
To grow or handle industrial hemp, a person must be licensed by the State Department of Agriculture as a grower or handler. The department may identify by rule activities related to growing or handling hemp in addition to those described in ORS 571.269 and may require licensure to engage in those activities. The department may issue, renew, suspend, revoke …
The State Department of Agriculture may enter into an interagency agreement with the Oregon Liquor and Cannabis Commission to allow representatives of the commission to carry out inspections of industrial hemp crops under ORS 571.281 (7) throughout this state. The department and the commission may adopt rules to carry out this section. Note: See note under…
The State Department of Agriculture shall adopt rules to allow: Law enforcement officers to accompany representatives of the department to an industrial hemp operation for the purposes of providing protection to the department’s representatives; and Public employees and officials who are responsible for the enforcement of state and local laws to accompany …
The Governor may order that the Oregon National Guard provide assistance and support to the State Department of Agriculture and law enforcement in carrying out inspections of industrial hemp crops under ORS 571.281 (7) and other duties of the department related to the enforcement of ORS 571.260 to 571.348. Note: See note under 571.260.
Subject to the provisions of ORS chapter 183, the State Department of Agriculture may revoke a licensee’s license or refuse to issue or renew the license if a licensee violates: A provision of ORS 571.260 to 571.348; A rule adopted under a provision of ORS 571.260 to 571.348; An order issued by the department pursuant to a provision of ORS 571.260 to 571.…
The State Department of Agriculture shall conduct a criminal records check under ORS 181A.195 on an individual who submits an application for a grower license under ORS 571.281. For the purpose of requesting a state or nationwide criminal records check, the department may require fingerprints of any individual listed on an application submitted under ORS 57…
Except as provided in subsection (2) of this section: If a person has been convicted of a felony related to a controlled substance under state or federal law, the person is ineligible for a license under ORS 571.281 to grow hemp issued by the State Department of Agriculture for 10 years following the date of the person’s conviction. If a licensee or an app…
A grower licensed under ORS 571.281 may use any propagation method, including planting seeds or starts or the use of clones or cuttings, to produce industrial hemp. Note: See note under 571.260.
A grower shall provide the State Department of Agriculture, in a time, form and manner prescribed by the department, with an accurate description and global positioning system coordinates of the property on which the grower’s crop is or will be located. Note: See note under 571.260.
The State Department of Agriculture may charge growers and handlers licensed under ORS 571.281 fees reasonably calculated by the department to pay the cost of sampling or testing industrial hemp or industrial hemp commodities or products under ORS 571.330 and 571.333. Moneys from fees charged under this section shall be deposited in the Industrial Hemp Fund …
As used in this section and ORS 571.296 and 571.297, “cannabinoid” means any of the chemical compounds that are the active constituents derived from industrial hemp. The Oregon Liquor and Cannabis Commission, in consultation with the State Department of Agriculture, shall establish a registration program for industrial hemp products that contain cannabinoid…
A person may not sell, transfer or deliver to a consumer in this state an industrial hemp product that contains cannabinoids and is intended for human or animal consumption or use that: Is not registered under ORS 571.295. Does not bear a label that meets the requirements of ORS 571.295, or bears a label that does not precisely indicate the contents of the…
Subject to ORS chapter 183, the Oregon Liquor and Cannabis Commission may: If the commission has reasonable cause to believe that any quantity or lot of industrial hemp product that contains cannabinoids and is intended for human or animal consumption or use is sold, transferred or delivered in violation of ORS 571.295 or 571.296 or rules adopted pursuant t…
In addition to any other liability or penalty provided by law, the Oregon Liquor and Cannabis Commission may impose a civil penalty, in the manner provided in ORS 183.745, not to exceed $10,000 for each violation of a provision of ORS 571.295, 571.296 or 571.297, a rule adopted pursuant to ORS 571.295, 571.296 or 571.297 or an order issued by the commission …
The Oregon Liquor and Cannabis Commission may adopt rules to carry out ORS 571.295 to 571.298. Note: See note under 571.260.
A person licensed under ORS 571.281 or a laboratory licensed under ORS 475C.548 may, within the boundaries of this state, transport or receive industrial hemp or an industrial hemp commodity that contains no more tetrahydrocannabinol than allowed by the State Department of Agriculture by rule if the industrial hemp or industrial hemp used in the industrial h…
The Oregon Liquor and Cannabis Commission, in consultation with the State Department of Agriculture, shall adopt rules to establish: The maximum concentration of tetrahydrocannabinol permitted in a single serving of an industrial hemp product; The maximum concentration of any other cannabinoid, adult use cannabinoid or artificially derived cannabinoid that…
The State Department of Agriculture shall adopt rules to require that a grower licensed under ORS 571.281 accurately report to the department: That the grower does not intend to plant an industrial hemp crop at the location for which a license is issued under ORS 571.281; or Any loss of all or part of an industrial hemp crop. The rules adopted under this …
If the industrial hemp crop of a grower licensed under ORS 571.281 is found to contain an average tetrahydrocannabinol concentration that exceeds the limit described in ORS 571.281 (7) and the State Department of Agriculture requires the grower to destroy or remediate the industrial hemp crop, the grower shall provide documentation to the department of the d…
Except as provided in paragraph (b) of this subsection, if a person plants an industrial hemp crop or commits a violation of ORS 571.260 to 571.348 prior to applying for a grower license under ORS 571.281, the State Department of Agriculture shall refuse to issue a license to the person. If the crop described in paragraph (a) of this subsection is removed a…
For purposes of ORS 633.511 to 633.750, agricultural hemp seed is an agricultural seed or a flower seed, as those terms are defined in ORS 633.511. The Director of Agriculture, or the director’s agent, and the Dean of the College of Agricultural Sciences of Oregon State University, or the dean’s agent, shall establish a program for the labeling and certific…
An agricultural hemp seed producer licensed under ORS 571.281: Must sell agricultural hemp seed in a manner that complies with any standard established by the Director of Agriculture under ORS 633.511 to 633.750; and May sell agricultural hemp seed only if the agricultural hemp seed meets any packaging or labeling requirement, or any quality standard, adop…
A laboratory licensed by the Oregon Liquor and Cannabis Commission under ORS 475C.548 and accredited by the Oregon Health Authority pursuant to ORS 475C.560 may test industrial hemp and industrial hemp commodities and products whether or not the industrial hemp or industrial hemp commodities or products were produced or processed by a licensee. An accredite…
The State Department of Agriculture may enter into an agreement with the Oregon Health Authority for the purpose of developing standards for investigating and testing an industrial hemp crop to determine the average tetrahydrocannabinol concentration of the crop. In accordance with standards developed under subsection (1) of this section, a laboratory descr…
As used in this section, “licensee,” “marijuana,” “marijuana item” and “marijuana processor” have the meanings given those terms in ORS 475C.009. A grower licensed under ORS 571.281 may deliver industrial hemp, and a handler licensed under ORS 571.281 may deliver industrial hemp concentrates and industrial hemp extracts, to a marijuana processor that holds …
As used in this section: “Processor” means a person licensed under ORS 475C.085. “Retailer” means a person licensed under ORS 475C.097. “Wholesaler” means a person licensed under ORS 475C.093. A processor, retailer or wholesaler may purchase, receive, transfer, sell or transport industrial hemp, or an industrial hemp commodity or product that contains ca…
For purposes of this section, “consumer” means a person that purchases, acquires, owns, holds or uses an industrial hemp commodity or product other than for the purpose of resale. A person may not sell, transfer or deliver to a consumer an industrial hemp commodity or product that contains cannabinoids and is intended for human consumption unless: The indu…
The State Department of Agriculture may by rule or order establish a process providing for the remediation of a violation of ORS 571.330 or 571.333 that is committed by a grower or handler licensed under ORS 571.281 and is not committed intentionally. Note: See note under 571.260.
Subject to the provisions of ORS chapter 183, the State Department of Agriculture may impose a civil penalty not to exceed $2,500 on a person for violating: A provision of ORS 571.260 to 571.348; A rule adopted under a provision of ORS 571.260 to 571.348; or An order issued by the department pursuant to a provision of ORS 571.260 to 571.348 or a rule adop…
OREGON HEMP COMMISSION
As used in ORS 571.400 to 571.501: “Fiscal year”: Except as provided in paragraph (b) of this subsection, means the 12-month period commencing on July 1 and ending on June 30. If adopted by rule by the Oregon Hemp Commission, means the 12-month period commencing on January 1 and ending on December 31. “Hemp” means the plant species Cannabis sativa that: …
It is hereby declared, as a matter of legislative determination, that ORS 571.400 to 571.501 are enacted in the exercise of the power of the state for the purposes of protecting and furthering the public health and welfare. It is further declared that the hemp industry of this state is affected with a public interest in that, among other things: The product…
The State Department of Agriculture shall: Monitor the methods and practices used or proposed by the Oregon Hemp Commission in carrying out the goals and meeting the needs disclosed by the budget of the commission; Promote cooperation among the Oregon Hemp Commission, the commodity commissions, the Oregon Beef Council and the Oregon Wheat Commission, and a…
In the same manner as that provided in ORS 576.206, the Director of Agriculture shall appoint seven temporary members to the Oregon Hemp Commission. In appointing the temporary members, the director shall consider any recommendations by commodity commissions, producers and producer associations. All temporary members of the commission must be citizens of the…
The Director of Agriculture and the Dean of the College of Agricultural Sciences of Oregon State University are ex officio nonvoting members of the Oregon Hemp Commission. Note: See note under 571.400.
The Director of Agriculture shall immediately declare the office of a member of the Oregon Hemp Commission who is a producer or processor vacant if the director finds that: The member is no longer actively engaged in hemp production or processing; The member has become a resident of another state; or The member is otherwise unable to perform the duties of…
The Director of Agriculture shall immediately declare the office of a member of the Oregon Hemp Commission who is a member of the public vacant if the director finds that the member has become a producer or processor. Note: See note under 571.400.
The Director of Agriculture may remove a member of the Oregon Hemp Commission for inefficiency, neglect of duty or misconduct in office if the director provides: At least 10 days before the date of a public hearing on the issue of removal of the member, service on the member of: A copy of the charges against the member; and Notice of the time and place of…
The Oregon Hemp Commission may adopt rules to establish the amount of payment that a member of the commission receives under ORS 292.495 for each day, or portion of a day, during which the member is engaged in the performance of official duties. Any rules adopted under this section must specify that the amount must be at least the amount of payment that woul…
The Oregon Hemp Commission shall establish a meeting place anywhere in this state, but must consider in selecting the location the convenience of the majority of those persons most likely to have business with the commission or to be affected by the acts of the commission. Notwithstanding subsection (1) of this section, the commission may participate in mee…
The Oregon Hemp Commission may: Conduct scientific research to discover and develop the commercial value of hemp and hemp products. Disseminate reliable information founded upon the research conducted under ORS 571.400 to 571.501 that shows the value of hemp and hemp products for any purpose for which hemp and hemp products may be found useful and profitab…
The Oregon Hemp Commission may contract with an independent contractor for the performance of any service, except that the commission may not contract with an independent contractor to perform discretionary functions of the commission. ORS 279.835 to 279.855 and ORS chapters 240, 279A, 279B and 279C do not apply to the commission in obtaining services descr…
The Oregon Hemp Commission shall: Adopt a budget, obtain budget approval and submit financial statements in the same manner as a commodity commission acting under ORS 576.416. Receive, deposit, invest, expend and budget moneys in the same manner as a commodity commission acting under ORS 571.471, 571.486, 571.489 and 571.492. The commission may accept gra…
Upon request by the Oregon Hemp Commission, the Oregon Department of Administrative Services may: Purchase or otherwise provide for acquiring or furnishing supplies, materials, equipment and services, other than personal services, that the commission requires and for independent contractors to furnish professional services to the commission. Provide for pr…
The Oregon Hemp Commission may elect to provide services, facilities and materials to commodity commissions created under ORS 576.051 to 576.455, the Oregon Wheat Commission, the Oregon Beef Council and other state agencies and officers under ORS 283.110. Upon request by the Oregon Hemp Commission, any other entity described in subsection (1) of this sectio…
ORS 291.026, 291.201 to 291.222, 291.232 to 291.260, 291.322 to 291.334, 292.210 to 292.250, 293.260 to 293.280, 293.295 to 293.346 and 293.590 to 293.640 do not apply to the Oregon Hemp Commission or to the administration and enforcement of ORS 571.400 to 571.501. Note: See note under 571.400.
Wages or salaries of employees of the Oregon Hemp Commission are not subject to personnel compensation plans for state employees established by the Oregon Department of Administrative Services under ORS 240.235 to 240.250. The commission is not required to utilize office space provided or obtained by the department as provided in ORS chapter 276. The State…
As used in this section, “intellectual property” means patents, copyrights, trademarks, inventions, discoveries, processes, ideas and other similar property, whether or not they are patentable or copyrightable. The Oregon Hemp Commission may: Consistent with the purposes of the commission, develop intellectual property that relates to hemp or assists in th…
As used in this section: “Commodity” means hemp. “Industry average unit price” means the average unit price for the raw commodity within the industry and includes prices that are calculated using a one-year, two-year or three-year average and data from the most recent complete year or years preceding the year of determination. The Oregon Hemp Commission m…
The Oregon Hemp Commission may establish by rule exemptions from the assessments described in ORS 571.447 based on: Hemp quantities; Types of hemp sales; Types of hemp producers; and Types of hemp processors. In adopting a rule under subsection (1) of this section, the commission shall consider: Federal laws and rules, and laws and rules of other state…
A person responsible for collecting an assessment on behalf of the Oregon Hemp Commission: Shall report to the commission as required by the commission by rule. Who fails to deduct an assessment at the time of sale shall report and pay the assessment to the commission. This section applies to a producer that is required to report and pay an assessment. N…
When a processor lives, or has the processor’s office, in Oregon, the producer shall report all transfers or sales made to the processor on forms provided by the Oregon Hemp Commission and pay the assessment moneys directly to the commission. When a processor lives, or has the processor’s office, in another state or country or is a federal or other governme…
A person required to pay or collect an assessment on hemp under ORS 571.400 to 571.501 shall maintain accurate records sufficient to enable the Oregon Hemp Commission to determine by inspection and audit the accuracy of assessments paid or due to the commission and of reports made or due to the commission. For purposes of determining the accuracy of assessm…
In addition to the penalties prescribed in ORS 571.501, a person who delays transmittal of funds beyond the time set by the Oregon Hemp Commission shall pay a penalty of 10 percent of the amount due and one and one-half percent interest per month on the unpaid balance of the assessment. The commission may waive the penalty and interest described in subsecti…
If a person responsible for the transmittal of assessment moneys to the Oregon Hemp Commission fails to relinquish assessment moneys collected, the person shall pay an amount equal to twice the amount of the unrelinquished assessment moneys. The commission may commence a civil action or utilize any other available legal or equitable remedy to collect an ass…
A producer may dispute the amount of an assessment levied against the producer on a unit basis under ORS 571.447 if the total assessment levied against the producer during an assessment period established by the Oregon Hemp Commission by rule exceeds the total dollar value received by the producer for the hemp during that assessment period multiplied by the …
Moneys a person collects or receives from the assessment levied pursuant to ORS 571.447, and other moneys the Oregon Hemp Commission receives, must be paid to the authorized agent of the commission and promptly deposited into an account established by the commission in a depository, as defined in ORS 295.001, that is insured by the Federal Deposit Insurance …
A person authorized by the Oregon Hemp Commission to receive or disburse moneys under ORS 571.400 to 571.501 shall obtain a fidelity bond from the Oregon Department of Administrative Services. The bond must be in an amount equal to the maximum amount of moneys that the commission determines the person may control. The commission may establish conditions on …
The Oregon Hemp Commission may cancel an uncollectible assessment consistent with ORS 293.240. Subsequent collection of debt written off under ORS 293.240 is governed by ORS 293.245. Note: See note under 571.400.
The Oregon Hemp Commission shall maintain accurate books, records and accounts of its dealings. The books, records and accounts of the commission must be open to inspection and audit by the Secretary of State. Note: See note under 571.400.
The Oregon Hemp Commission shall adopt an annual budget, using classifications of expenditures and revenues required by ORS 291.206. The budget described in this subsection is not subject to review by the Legislative Assembly or to future modification by the Emergency Board or the Legislative Assembly. The commission shall follow generally accepted accounti…
An expenditure of moneys for a fiscal year may not be made or incurred by or under the authority of the Oregon Hemp Commission under ORS 571.400 to 571.501 unless the commission complies with ORS 571.483. Note: See note under 571.400.
Except as otherwise provided in subsection (2) of this section, an expenditure of moneys for a fiscal year may not be made or incurred by or under the authority of the Oregon Hemp Commission under ORS 571.400 to 571.501: In excess of the total amount of expenditures estimated for the fiscal year in the budget adopted for the fiscal year or in excess of the …
Subject to ORS 571.489 (2), expenditures of moneys for a fiscal year unforeseen at the time the Oregon Hemp Commission budget is prepared may be made or incurred by order of the commission. When an unforeseen expenditure of moneys occurs in a fiscal year, the commissioners must approve a motion for an order of a fund transfer. The motion must include: The a…
Unless the Legislative Assembly orders a refund pursuant to subsection (2) of this section, if the Legislative Assembly abolishes the Oregon Hemp Commission, any moneys remaining in the possession of the abolished commission on the effective date of the abolishment are transferred to Oregon State University and are continuously appropriated to the university…
Any sale of hemp by a producer or processor is a sale in commercial channels for the purposes of ORS 571.501. Note: See note under 571.400.
Violation of any provision of ORS 571.400 to 571.501 is a Class C misdemeanor. Note: See note under 571.400. CHRISTMAS TREE GROWERS
As used in ORS 571.510 to 571.580, unless the context requires otherwise: “Acre of Christmas trees” means an acre of land upon which Christmas trees are growing at the time of application for the license required by ORS 571.525. “Christmas tree” means a cut evergreen tree: Of a marketable species; Managed to produce trees meeting U.S. No. 2 or better sta…
The Legislative Assembly finds and declares that the propagation and raising of Christmas trees is a silvicultural and agricultural pursuit that should be regulated and assisted by the State Department of Agriculture. A Christmas tree service shall be maintained within the department for the purpose of carrying out and enforcing the provisions of ORS 571.505…
In order that there may be the closest contact between the State Department of Agriculture and the problems of the Christmas tree industry, there hereby is created a State Christmas Tree Advisory Committee, which shall consist of six members appointed by the Director of Agriculture. The director, as far as practicable, shall make appointments so that all are…
ORS 571.525 and 571.530 do not apply to: Any grower owning one acre or less of Christmas trees and whose business consists only of retail sales to the ultimate consumer. Any dealer.
No person shall operate as a grower without first obtaining a license therefor from the State Department of Agriculture.
Each person required to be licensed by ORS 571.525 shall apply for a license or for renewal of a license on a form furnished by the State Department of Agriculture that contains: The name and address of the applicant, the number of locations to be operated by the applicant and the addresses of those locations, and the assumed business name of the applicant;…
The fees for the renewal of the annual licenses required by ORS 571.505 to 571.580 shall be paid with the application for license renewal and before July 1 of each year or before such date as may be specified by rule of the State Department of Agriculture. Failure to pay the fees when due forfeits the right to operate as a grower. Any person who has been p…
All licenses issued under ORS 571.505 to 571.580 shall: Include the date of issue. Expire on June 30, next following the date of issue, unless sooner revoked by the State Department of Agriculture. Be in the form of a certificate. Be numbered serially under the direction of the department. Be posted in a conspicuous place on the premises of the licensee…
A license is personal to the applicant and may not be transferred. The licensee shall notify the State Department of Agriculture in writing if the business entity of the licensee is changed or if the members of a partnership change, whether or not the business entity name is changed. The license issued to a grower applies to the particular premises named in…
As provided in ORS chapter 183, the State Department of Agriculture may suspend, revoke or refuse to issue or renew the license of any person when it is satisfied that: The applicant or licensee has been guilty of fraud, deception or misrepresentation in the handling or sale of Christmas tree stock. The licensee was guilty of fraud, deception or misreprese…
The State Department of Agriculture shall issue a shipping permit number to any qualified licensee who requests or requires one. Such number shall be the same as the license number and so designated on the license. The shipping permit number shall accompany all shipments and deliveries of Christmas tree stock.
The State Department of Agriculture shall inspect licensed grower’s operations as often as the department considers necessary to determine and control pest, disease and noxious weed conditions. In addition to the inspections provided in subsection (1) of this section, the department shall make such inspections as are necessary for the issuance of phytosanit…
The State Department of Agriculture shall use all appropriate methods to determine the accuracy of acreage reporting to determine the license fee prescribed by ORS 571.530.
No person shall: Substitute other Christmas tree stock for Christmas tree stock covered by an inspection certificate. Transport or accept for transportation Christmas tree stock that does not carry the official inspection tag authorized by the State Department of Agriculture.
No person shall knowingly offer to sell Christmas tree stock that is infected or infested. Unless the Christmas tree stock is held for separation or treatment under the supervision of an officer, employee or inspector of the State Department of Agriculture, no person shall advertise, display, transport, move, store or warehouse Christmas tree stock that is …
The State Department of Agriculture shall deposit all fees paid to it under ORS 571.505 to 571.580 in the Department of Agriculture Service Fund, and such moneys are continuously appropriated to the department for the purposes of administering and enforcing ORS 571.505 to 571.580. WESTERN JUNIPER HARVESTING AND MANUFACTURING
As used in ORS 571.605 to 571.620: “Business development project” has the meaning given that term in ORS 285B.050. “Western juniper” means trees of the species Juniperus occidentalis. Note: 571.600 to 571.625 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 571 or any series therein by legislative actio…
The Oregon Business Development Department shall provide economic development assistance to persons engaged in the business of western juniper harvesting or of manufacturing products from western juniper. The department may provide the economic development assistance for any western juniper harvesting or related manufacturing business development project tha…
The Oregon Business Development Department shall make technical business assistance available to persons engaged in, or proposing to engage in, the business of western juniper harvesting or of manufacturing products from western juniper. The department shall make the assistance available to support the creation, growth or development of a western juniper har…
The Oregon Business Development Department shall provide, or shall partially or fully fund the provision of, workforce training assistance to persons engaged in the business of western juniper harvesting or of manufacturing products from western juniper. The department shall provide or fund the training assistance to support the growth and development of a w…
The Institute for Natural Resources, in consultation with the State Forestry Department, the State Department of Agriculture and the State Department of Fish and Wildlife and individuals and organizations interested in management, marketing or research matters related to western juniper harvesting, shall identify and map high quality marketable stands of wes…
The Western Juniper Industry Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Western Juniper Industry Fund shall be credited to the fund. The fund shall consist of any moneys appropriated, allocated, deposited or transferred to the fund by the Legislative Assembly or otherwise. Moneys in the fund…
As used in ORS 571.650 to 571.660: “Cultivated ginseng” means ginseng that is growing or has been grown in tilled beds under the shade of artificial structures or under natural shade, and that is cultivated by a person. “Dealer” means a person who buys cultivated ginseng for the purpose of resale, but does not include a person who buys root of cultivated g…
No person shall engage in the activity of a grower or dealer of ginseng without first having obtained a license therefor from the State Department of Agriculture. No person required by subsection (1) of this section to obtain a license shall fail to comply with this section and ORS 571.660 or any rule adopted pursuant thereto. Note: See note under 571.650.
In accordance with any applicable provision of ORS chapter 183, the State Department of Agriculture, by rule, shall establish a licensing system for persons who act as ginseng growers or dealers. The system shall include, but not be limited to, provisions: Prescribing the form and content of, and the times and procedures for submitting, an application for l…
The State Department of Agriculture may revoke, suspend, deny or refuse to renew any grower or dealer a license if the department finds the person has violated any provision of ORS 571.655 or 571.660 or any rule adopted pursuant thereto. In addition to any other liability or penalty provided by law, the Director of Agriculture may impose a civil penalty on …
The State Treasurer shall deposit all moneys received by the State Department of Agriculture under ORS 571.655 and 571.660 into the Department of Agriculture Service Fund. The moneys are continuously appropriated to the department for the purpose of carrying out the provisions of ORS 571.655 and 571.660. Note: 571.670 was enacted into law by the Legislative…
PENALTIES
Subject to ORS 153.022, violation of ORS 571.005 to 571.230 or rules adopted thereunder is punishable, upon conviction, by a fine of not more than $5,000.
Violation of ORS 571.655 is a misdemeanor. Note: 571.993 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 571 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Violation of ORS 571.525, 571.570 or 571.575, or of any rules adopted pursuant thereto, is a misdemeanor.
In addition to any applicable criminal penalty under ORS 571.991 or 571.995 or any other penalty, a person who violates ORS 571.055 or 571.525 is subject to a civil penalty imposed by the State Department of Agriculture. The civil penalty shall not exceed $10,000. Every violation of ORS 571.055 or 571.525 is a separate offense subject to a separate civil pe…