633.005 [1961 c.314 §1; repealed by 1967 c.591 §1 (633.006 enacted in lieu of 633.005)]repealed
No operative statutory text appears at this designation in the selected edition.
Oregon Revised Statutes
Chapter 633 — Grades, Standards and Labels for Feeds, Soil Enhancers and Seeds
139 sections633.006 Definitions for ORS 633.006 to 633.089
As used in ORS 633.006 to 633.089, unless the context requires otherwise: “Animal feed manufacturing plant” means: Any business, establishment, building, plant or place where commercial feed for animals is manufactured, mixed, processed or packed. Vehicles used in transporting commercial feed or feed ingredients, machinery, equipment, utensils, implements…
633.010 [Repealed by 1961 c.314 §12]repealed
No operative statutory text appears at this designation in the selected edition.
633.011 [1967 c.591 §10; repealed by 1971 c.489 §11]repealed
No operative statutory text appears at this designation in the selected edition.
633.015 Registration of commercial feed required; rules; exemption; fee
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 …
633.020 [Repealed by 1961 c.314 §12]repealed
No operative statutory text appears at this designation in the selected edition.
633.025 [1961 c.314 §3; 1967 c.591 §3a; 1971 c.489 §2; 1979 c.116 §2; repealed by 2001 c.137 §9]repealed
No operative statutory text appears at this designation in the selected edition.
633.026 Labeling requirements for commercial feed; exemptions; rules
Except as provided in subsection (3) of this section, commercial feed must have a label bearing the following information: The product name and the brand name, if any, under which the feed is distributed. The guaranteed analysis stated in such terms as the State Department of Agriculture, by rule, determines are required to advise the user of the compositi…
633.027 [1967 c.591 §9; repealed by 2001 c.137 §9]repealed
No operative statutory text appears at this designation in the selected edition.
633.028 Information required to accompany custom mixed feed; rules; records
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: The name and principal mailing address of the manufacturer. The name and address of the final consumer. The date of delivery. The quantity delivered. Adequate directio…
633.029 License required for animal feed manufacturers and distributors; fee; exemption; rules
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 t…
633.030 [Repealed by 1961 c.314 §12]repealed
No operative statutory text appears at this designation in the selected edition.
633.031 [1967 c.591 §§6,13(2); repealed by 1971 c.489 §11]repealed
No operative statutory text appears at this designation in the selected edition.
633.035 [1961 c.314 §4; repealed by 1967 c.591 §14]repealed
No operative statutory text appears at this designation in the selected edition.
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 …
633.040 [Repealed by 1961 c.314 §12]repealed
No operative statutory text appears at this designation in the selected edition.
633.045 Adulterated commercial feeds prohibited; rules
A person may not distribute an adulterated commercial feed. A commercial feed is adulterated: 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. If any valuable constituent has been in whole or in part …
633.050 [Repealed by 1961 c.314 §12]repealed
No operative statutory text appears at this designation in the selected edition.
633.055 Misbranding commercial feed prohibited; rules
A person may not distribute misbranded commercial feed. A commercial feed is misbranded: If its labeling is false or misleading in any particular. If it is distributed under the name of another feed. If it is not labeled as required by ORS 633.026 and by rules adopted pursuant to ORS 633.006 to 633.089. If it purports to be or is represented as a feed in…
633.060 [Amended by 1961 c.425 §17; repealed by 1961 c.314 §12]repealed
No operative statutory text appears at this designation in the selected edition.
633.065 Department to test commercial feeds
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 en…
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 enforcem…
633.070 [Repealed by 1961 c.314 §12]repealed
No operative statutory text appears at this designation in the selected edition.
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]repealed
No operative statutory text appears at this designation in the selected edition.
633.077 Testing and analysis of bulk commercial feed and custom mixed feed; disclosure of test or analysis results
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…
633.080 [Repealed by 1961 c.314 §12]repealed
No operative statutory text appears at this designation in the selected edition.
633.081 [Formerly part of 633.075; repealed by 1969 c.131 §5]repealed
No operative statutory text appears at this designation in the selected edition.
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 re…
633.085 [1963 c.212 §2; repealed by 1967 c.591 §12]repealed
No operative statutory text appears at this designation in the selected edition.
633.087 [1967 c.591 §11; repealed by 1971 c.489 §11]repealed
No operative statutory text appears at this designation in the selected edition.
633.088 Withdrawal from distribution of feeds sold or distributed in violation of law; seizure of noncomplying feeds
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 there…
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.
633.090 [Repealed by 1961 c.314 §12]repealed
No operative statutory text appears at this designation in the selected edition.
633.100 [Repealed by 1961 c.314 §12]repealed
No operative statutory text appears at this designation in the selected edition.
633.110 [Repealed by 1961 c.314 §12]repealed
No operative statutory text appears at this designation in the selected edition.
633.120 [Repealed by 1961 c.314 §12]repealed
No operative statutory text appears at this designation in the selected edition.
633.130 [Repealed by 1961 c.314 §12]repealed
No operative statutory text appears at this designation in the selected edition.
633.140 [Repealed by 1961 c.314 §12]repealed
No operative statutory text appears at this designation in the selected edition.
633.210 [Repealed by 1961 c.314 §12]repealed
No operative statutory text appears at this designation in the selected edition.
633.220 [Repealed by 1961 c.314 §12]repealed
No operative statutory text appears at this designation in the selected edition.
633.230 [Repealed by 1961 c.314 §12]repealed
No operative statutory text appears at this designation in the selected edition.
633.240 [Repealed by 1961 c.314 §12]repealed
No operative statutory text appears at this designation in the selected edition.
633.250 [Repealed by 1961 c.314 §12]repealed
No operative statutory text appears at this designation in the selected edition.
633.260 [Repealed by 1961 c.314 §12]repealed
No operative statutory text appears at this designation in the selected edition.
633.310 [Amended by 1955 c.235 §1; 1965 c.268 §1; 1977 c.799 §1; repealed by 2001 c.914 §30]repealed
No operative statutory text appears at this designation in the selected edition.
633.311 Definitions for ORS 633.311 to 633.479
As used in ORS 633.311 to 633.479: “Agricultural amendment”: Means a mixed or unmixed synthetic chemical substance, a chemically or physically modified natural substance, a naturally occurring substance or a manufacturing by-product, or a combination of those substances or by-products, intended to induce crop yields or plant growth or to produce any physic…
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.
633.318 Licensing of manufacturers and bulk distributors; application; fee; change of location; rules
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: Each out-of-st…
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]repealed
No operative statutory text appears at this designation in the selected edition.
633.321 Label requirements for fertilizer, agricultural amendment, agricultural mineral and lime products; rules
A person may not distribute fertilizer, agricultural amendment, agricultural mineral or lime products in packaged form unless there is a printed label attached or applied to the package. A person may not distribute fertilizer, agricultural amendment, agricultural mineral or lime products in bulk unless a label in the form of a separate document physically ac…
633.330 [Amended by 1955 c.235 §3; 1965 c.268 §3; repealed by 2001 c.914 §30]repealed
No operative statutory text appears at this designation in the selected edition.
633.331 Additional label requirements for lime products
In addition to the label requirements under ORS 633.321, the label for a lime product must include the following: The name of the particular form of lime. Forms of lime may include, but are not limited to, burnt lime, dolomite, ground limestone, lime sludge, shells, sugar lime and waste lime. The guaranteed analysis, stating the following: The percentage …
633.335 [1977 c.799 §18; repealed by 2001 c.914 §30]repealed
No operative statutory text appears at this designation in the selected edition.
633.336 Additional label requirements for agricultural amendment
In addition to the label requirements under ORS 633.321, the label for an agricultural amendment must include the following: A guaranteed analysis that contains the name and percentage of each substance intended to induce crop yields or plant growth or to produce any physical, microbial or chemical change in the soil, listed consecutively, followed by the p…
633.340 [Amended by 1955 c.235 §4; 1965 c.268 §4; 1997 c.249 §191; repealed by 2001 c.914 §30]repealed
No operative statutory text appears at this designation in the selected edition.
633.341 Additional label requirements for agricultural mineral
In addition to the label requirements under ORS 633.321, the label for an agricultural mineral must include the following: The percentage of calcium sulfate, expressed as CaSO4•2H2O or CaSO4, if the product is gypsum or plaster or is an agricultural mineral in which calcium sulfate is the principal ingredient. The percentage of all ingredients contained in…
633.343 [1965 c.268 §6; repealed by 2001 c.914 §30]repealed
No operative statutory text appears at this designation in the selected edition.
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.
633.345 [1965 c.268 §5; repealed by 2001 c.914 §30]repealed
No operative statutory text appears at this designation in the selected edition.
633.350 [Amended by 1965 c.268 §9; repealed by 2001 c.914 §30]repealed
No operative statutory text appears at this designation in the selected edition.
633.351 [2001 c.914 §9; 2009 c.97 §6; repealed by 2015 c.514 §12]repealed
No operative statutory text appears at this designation in the selected edition.
633.360 [Repealed by 1955 c.235 §13]repealed
No operative statutory text appears at this designation in the selected edition.
633.361 [1955 c.235 §12; 1965 c.268 §10; 1977 c.799 §3; repealed by 2001 c.914 §30]repealed
No operative statutory text appears at this designation in the selected edition.
633.362 Registration of fertilizer, agricultural amendment, agricultural mineral and lime products; application; fee; expiration; product contents; rules
Each separately identifiable fertilizer, agricultural amendment, agricultural mineral or lime product, whether in package or in bulk, must be registered with the State Department of Agriculture. A person may not distribute a fertilizer, agricultural amendment, agricultural mineral or lime product in this state unless the fertilizer, agricultural amendment, a…
633.364 Confidentiality of certain information supplied in application for registration; permissible use of information
Information required under ORS 633.362 (2)(f) and (g) and (6) is exempt from disclosure under ORS 192.311 to 192.478. 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). Notwithstanding subsection (1) of this section, the department may use the information requ…
633.366 Prohibitions; mislabeled products; adulterated products
A person may not: Distribute mislabeled products; 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 or rules adopted under ORS 633.311 to 633.479; Distribute adulterated products; Fail, refuse or neglect to deliver to a user or purchaser of a bulk fe…
633.370 [Amended by 1977 c.799 §4; 1979 c.499 §31; repealed by 2001 c.914 §30]repealed
No operative statutory text appears at this designation in the selected edition.
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 deposited under this section are continuously appropriated to the department for the purpose of administering and enforcing ORS 633.311 to 633.479 and 633.994.
633.380 [Amended by 1965 c.268 §11; 1977 c.799 §5; repealed by 2001 c.914 §30]repealed
No operative statutory text appears at this designation in the selected edition.
633.385 Department access; inspection; sampling of products
The State Department of Agriculture shall have access at reasonable times to records, premises, materials or conveyances as necessary for the purpose of administering and enforcing ORS 633.311 to 633.479 and 633.994. The department may inspect the records, premises, materials or conveyances of the manufacturer, distributor or registrant and may take samples…
633.388 Reports of official sample
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 …
633.390 [Amended by 1955 c.235 §5; 1965 c.268 §12; 1977 c.799 §6; repealed by 2001 c.914 §30]repealed
No operative statutory text appears at this designation in the selected edition.
633.400 [Amended by 1955 c.235 §6; 1965 c.268 §13; repealed by 1977 c.799 §7]repealed
No operative statutory text appears at this designation in the selected edition.
633.410 [Repealed by 1969 c.131 §5]repealed
No operative statutory text appears at this designation in the selected edition.
633.420 [Amended by 1955 c.235 §7; 1977 c.799 §8; repealed by 2001 c.914 §30]repealed
No operative statutory text appears at this designation in the selected edition.
633.430 [Amended by 1955 c.235 §8; 1961 c.425 §18; 1977 c.799 §9; repealed by 2001 c.914 §30]repealed
No operative statutory text appears at this designation in the selected edition.
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]repealed
No operative statutory text appears at this designation in the selected edition.
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: Fertilizer, agricultural amendment, agricultural mineral and lime product: Handling; Sampling; Storage; Labeling; …
633.445 Orders preventing sale or other disposition of product; seizure
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 stored, used or distributed in violation of ORS 633.311 to 633.479 or rules adopted under ORS 633.311 to 633.479, the department may, in accordance with ORS 561.605 to 561.620, issue and e…
633.450 [Amended by 1955 c.235 §9; 1977 c.799 §11; repealed by 2001 c.914 §30]repealed
No operative statutory text appears at this designation in the selected edition.
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]repealed
No operative statutory text appears at this designation in the selected edition.
633.461 [2001 c.914 §18; 2009 c.97 §13; repealed by 2015 c.514 §12]repealed
No operative statutory text appears at this designation in the selected edition.
633.462 Tonnage reports; records; fee; penalty
A person shall file a semiannual tonnage report with the State Department of Agriculture if the person: Distributes into this state, from foreign or domestic sources, a fertilizer, agricultural amendment, agricultural mineral or lime product used as an ingredient in the in-state manufacture of a fertilizer, agricultural amendment, agricultural mineral or li…
633.465 Inspection fees; disposition; rules
Except as provided in subsection (2) of this section, a person required to file a semiannual tonnage report under ORS 633.462 shall pay the State Department of Agriculture an inspection fee in an amount established by rule: Not to exceed $0.45 for each ton of fertilizer, agricultural amendment or agricultural mineral product distributed, of which not more t…
633.470 [Amended by 1963 c.43 §1; 1965 c.268 §16; 1977 c.799 §13; repealed by 2001 c.914 §30]repealed
No operative statutory text appears at this designation in the selected edition.
633.471 [2001 c.914 §20; 2009 c.97 §14; repealed by 2015 c.514 §12]repealed
No operative statutory text appears at this designation in the selected edition.
633.475 [1965 c.268 §7; repealed by 2001 c.914 §30]repealed
No operative statutory text appears at this designation in the selected edition.
633.476 Record keeping for custom mix products; product identification; records inspection
A person mixing or distributing 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: The name and address of the purchaser; The date of mixing; A unique identifier for each mixture; The guarantees and information required under ORS 633.321 …
633.479 Fertilizer Research Committee
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 amendment or agricultural mineral products and ground water or surface water. The committee shall consist of the director or the director’s designee and six membe…
633.480 [Repealed by 1965 c.268 §18]repealed
No operative statutory text appears at this designation in the selected edition.
633.485 [1965 c.268 §17; 1977 c.799 §14; repealed by 2001 c.914 §30]repealed
No operative statutory text appears at this designation in the selected edition.
633.487 Definitions for ORS 633.487 to 633.491
As used in ORS 633.487 to 633.491: “Anhydrous ammonia”: Means a liquid or gaseous inorganic compound that is formed by the chemical combination of nitrogen and hydrogen in the molar proportion of one part nitrogen to three parts hydrogen. Does not mean ammonium hydroxide. “Distributor” means a person that imports, consigns, sells, offers for sale, barter…
633.489 Certification of dyes or other additives; rules
The State Department of Agriculture, by rule and in consultation with the Department of State Police, shall certify each brand of nontoxic dye or other additive that a distributor or user may add to anhydrous ammonia. In accordance with applicable provisions of ORS chapter 183, the State Department of Agriculture shall adopt rules establishing standards to …
633.491 Anhydrous Ammonia Additive Review Committee
The Director of Agriculture, in consultation with the Superintendent of State Police, shall appoint an Anhydrous Ammonia Additive Review Committee consisting of not fewer than six members. The term of a member is four years, but a member serves at the pleasure of the director. Members of the committee are not entitled to compensation, but in the discretion …
633.495 [1965 c.268 §8; 1977 c.799 §15; 1979 c.29 §1; repealed by 2001 c.914 §30]repealed
No operative statutory text appears at this designation in the selected edition.
633.500 [1977 c.799 §17; repealed by 2001 c.914 §30]repealed
No operative statutory text appears at this designation in the selected edition.
633.510 [Repealed by 1955 c.379 §23]repealed
No operative statutory text appears at this designation in the selected edition.
633.511 Definitions for ORS 633.511 to 633.750
As used in ORS 633.511 to 633.750: “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. “Certified,” as applied to bulblets, tubers or horticultu…
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 state…
633.530 [Repealed by 1955 c.379 §23]repealed
No operative statutory text appears at this designation in the selected edition.
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: With the commonly accepted name of the kind or the kind and variety of the seed. With the name and address of the person who labeled the seed or who sells,…
633.540 [Repealed by 1955 c.379 §23]repealed
No operative statutory text appears at this designation in the selected edition.
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: The name of the kind and variety of the contents. The lot number or other lot identification. 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 n…
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.
633.550 Exemptions from labeling provisions
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: When sold to be recleaned before…
633.560 [Repealed by 1955 c.379 §23]repealed
No operative statutory text appears at this designation in the selected edition.
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.
633.570 [Repealed by 1955 c.379 §23]repealed
No operative statutory text appears at this designation in the selected edition.
633.571 Changes in lists; publicizing changes
The Director of Agriculture, 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: The addition to either list of the name of the seed of any weed. The removal from either list of the name of the seed of any weed. A change in the list of restricted nox…
633.580 Seed testing laboratory; cooperative agreements with federal agency
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 agr…
633.590 [Repealed by 1955 c.379 §23]repealed
No operative statutory text appears at this designation in the selected edition.
633.600 Fees for seed tests; rules and regulations
The dean may authorize the seed testing laboratory to make seed tests for certification purposes and commercial tests for the use of any person. The dean may fix and determine the fee or charge for seed testing work so as to cover the cost. The dean may make reasonable rules and regulations covering any phase of seed testing, require the payment of the fee…
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: Salaries, wages and necessary expenses of employees while on o…
633.620 Certification of seeds, tubers and plants; fees; rules
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. The varieties eligible for certification, the rules and regulations and standards for such certification that will provide for …
633.630 Certification fund
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…
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.
633.650 [Repealed by 1955 c.379 §23]repealed
No operative statutory text appears at this designation in the selected edition.
633.651 Prohibited acts
A person may not sell, offer for sale, expose for sale or transport for use in planting in the State of Oregon any agricultural, flower or vegetable seed: That except as provided in ORS 633.550, has not been labeled as required by ORS 633.520, 633.531 and 633.541; That bears a label that is false or misleading; That contains any prohibited noxious weed se…
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: 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: Obtains an invoice or g…
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 633.64…
633.670 Inspection and sampling of seeds; seizure of seeds; report of inspection work
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: 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 offe…
633.680 Establishment of standards of germination; rules and regulations; fees and charges
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: Licensing, suspension, reinstatement and revocation of licenses, which rules and regulations shall conform to the law governing suspensio…
633.690 Quarantine of seed entering state; disposition of nonconforming seed
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 Oregon license in full force shall not necessarily be quarantined; and any such seeds in tight containers in tr…
633.700 Retailer and wholesaler licenses; exemption; rules; fees
A person may not sell, offer or expose for sale in this state, or contract to have produced in this state for commercial purposes, any agricultural, flower or vegetable seeds unless the person holds an unsuspended license issued by the State Department of Agriculture. However, a person is not required to obtain a license if the person is selling only seeds p…
633.710 [Repealed by 1989 c.1035 §3]repealed
No operative statutory text appears at this designation in the selected edition.
633.711 [1989 c.1035 §§2,6; 1991 c.734 §56; 1995 c.371 §9; renumbered 633.996 in 2001]renumbered
No operative statutory text appears at this designation in the selected edition.
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…
633.730 [Amended by 1955 c.379 §20; 1957 c.407 §3; repealed by 1959 c.31 §1]repealed
No operative statutory text appears at this designation in the selected edition.
633.733 Legislative findings regarding seed regulation
As used in this section, “nursery seed” means any propagant of nursery stock as defined in ORS 571.005. The Legislative Assembly finds and declares that: The production and use of agricultural seed, flower seed, nursery seed and vegetable seed and products of agricultural seed, flower seed, nursery seed and vegetable seed are of substantial economic benefi…
633.738 Prohibition of local laws to inhibit or prevent production or use of seeds or products of seeds
As used in this section: “Local government” has the meaning given that term in ORS 174.116. “Nursery seed” means any propagant of nursery stock as defined in ORS 571.005. Except as provided in subsection (3) of this section, a local government may not enact or enforce a local law or measure, including but not limited to an ordinance, regulation, control a…
633.740 [Repealed by 1959 c.31 §1]repealed
No operative statutory text appears at this designation in the selected edition.
633.741 Jackson County exemption from ORS 633.738
ORS 633.738 does not apply to any local measure that was: Proposed by initiative petition and, on or before January 31, 2013, qualified for placement on the ballot in a county; and Approved by the electors of the county at an election held on May 20, 2014. Note: 633.741 was enacted into law by the Legislative Assembly but was not added to or made a part o…
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. MISCELLANEOUS
633.752 Presence of department representative during crop testing; fee
Upon request by a farmer or by the holder of a patent granted for a seed, crop or trait under the Patent Act (35 U.S.C. 101 et seq.) or under the Plant Variety Protection Act (7 U.S.C. 2321 et seq.), the Director of Agriculture shall appoint a representative of the State Department of Agriculture to accompany the farmer, the patent holder or a crop testing s…
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]repealed
No operative statutory text appears at this designation in the selected edition.
633.992 Criminal penalties
Violation of any of the provisions of this chapter or regulations promulgated thereunder is a misdemeanor.
633.993 Civil penalty for commercial animal feed law violation
Any person that violates any provision of ORS 633.006 to 633.089, any rule adopted pursuant thereto or the terms or conditions of any order issued pursuant thereto shall be subject to a civil penalty not to exceed $10,000 per violation. Civil penalties under this section are in addition to any other penalty provided by law. Each violation described in this…
633.994 Civil penalties for fertilizer law violations; rules; failure to pay penalty in full
In addition to any other liability or penalty provided by law, the State Department of Agriculture may assess a civil penalty against a person that violates a provision of ORS 633.311 to 633.479 or rules adopted under ORS 633.311 to 633.479. The civil penalty may not be more than: $500 for the first violation within a three-year period; $1,500 for the seco…
633.996 Civil penalty for seed law violation
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. Each violation may be a separate and distinct offense, and in the case of …