Oregon Law
Law as of Jan 1, 2026
Chapter contents
571.005Definitions for ORS 571.005 to 571.230 571.010[Repealed by 1963 c.461 §34] 571.015Policy; department to maintain nursery service; duties 571.020[Repealed by 1963 c.461 §34] 571.025State Nursery Research and Regulatory Committee 571.030[Repealed by 1963 c.461 §34] 571.035[1963 c.461 §2; repealed by 2009 c.98 §31] 571.038Plant Pest and Disease Emergency Response Fund 571.040[Repealed by 1963 c.461 §34] 571.045Exemption from licensing requirements 571.050[Repealed by 1963 c.461 §34] 571.055License required to grow or deal in nursery stock; false representations or statements regarding licenses 571.057License application; contents; fee; assessments 571.059License fee surcharge 571.060[Repealed by 1963 c.461 §34] 571.063Temporary nursery sale license; application; fee; rules; conditions 571.065[1963 c.463 §6; repealed by 1971 c.756 §9] 571.070[Repealed by 1963 c.461 §34] 571.075Renewal of license; rules; forfeiture 571.080[Repealed by 1963 c.461 §34] 571.085[1963 c.461 §13; repealed by 1971 c.756 §9] 571.090[Repealed by 1963 c.461 §34] 571.095Form of license; display required 571.100[Repealed by 1963 c.461 §34] 571.105Agent’s license 571.110[Repealed by 1963 c.461 §34] 571.115License not transferable; moving place of business 571.120[Repealed by 1963 c.461 §34] 571.125Suspension, revocation or refusal of license 571.130[Repealed by 1963 c.461 §34] 571.135Shipping permits, shipping invoices and bills of lading; rules; retention; exceptions 571.140[Repealed by 1963 c.461 §34] 571.145Inspection of licensed and unlicensed nurseries; additional inspections and special services; fees 571.147Department audit of books and records of licensees; suspension of license for failure to submit to audit 571.150[Repealed by 1963 c.461 §34] 571.160General prohibition 571.170Substitution or transportation of uninspected nursery stock prohibited 571.180Misrepresentation of nursery stock by grower, dealer or agent prohibited; tag or label required on fruit trees 571.190Knowingly selling, advertising or displaying damaged, misrepresented or mislabeled nursery stock prohibited 571.200Knowingly offering to sell, moving or storing infected or infested nursery stock prohibited 571.210Hold order on defective nursery stock; condemnation 571.220Imported nursery stock to bear certificate of origin; contents 571.230Disposition and use of moneys received 571.240[1963 c.461 §14; 1967 c.637 §12; repealed by 1971 c.756 §9] 571.250Interagency agreement to ensure compliance 571.252Green communities nurseries 571.260Short title 571.263Oregon Hemp State Program; rules 571.266Exclusion from ORS 571.260 to 571.348 571.269Definitions for ORS 571.260 to 571.348; rules 571.272Regulation by department; commodities 571.275Commission powers regarding industrial hemp; notice 571.278Industrial Hemp Fund 571.280Methodology to distinguish marijuana and industrial hemp 571.281Grower and handler license; records; inspection; nonconforming crop; fees; rules 571.282Interagency agreement regarding inspections; rules 571.283Law enforcement and public officials accompanying inspectors; rules 571.284National Guard assistance for inspections 571.285Revocation or refusal of licensure; rules 571.287Requirement to conduct criminal records check on applicant for grower license 571.288[Formerly 571.318; 2021 c.542 §25; renumbered 571.290 in 2021] 571.289Ineligibility for license; grounds for denial, revocation or refusal of license; exception 571.290Industrial hemp propagation 571.291Crop location 571.294Charges for sampling or testing; fee 571.295Registration program for industrial hemp products; information requirements; labeling requirements; fees; rules; exceptions 571.296Prohibited sale, transfer or delivery 571.297Orders prohibiting disposal, distribution or use of industrial hemp products 571.298Civil penalty 571.299Rules 571.300[2009 c.897 §1; 2015 c.503 §1; 2016 c.71 §1; 2017 c.531 §1; 2018 c.116 §27; renumbered 571.269 in 2019] 571.302[2018 c.116 §7; 2021 c.542 §27; renumbered 571.325 in 2021] 571.303[2016 c.71 §4; renumbered 571.272 in 2019] 571.305[2009 c.897 §2; 2015 c.503 §2; 2016 c.71 §2; 2018 c.116 §28; renumbered 571.281 in 2019] 571.306Transport, receipt of industrial hemp, certain industrial hemp commodities or products 571.309Industrial hemp product concentration, serving standards; rules 571.312[2021 c.542 §18; 2021 c.542 §18d; repealed by 2024 c.16 §16] 571.315[2009 c.897 §3; 2015 c.1 §80; 2016 c.71 §10; renumbered 571.285 in 2019] 571.316Required reporting to department; rules 571.318[2016 c.71 §5; renumbered 571.288 in 2019] 571.319Destruction, remediation of specified industrial hemp crop; rules 571.321[2016 c.71 §6; renumbered 571.291 in 2019] 571.322Planting of industrial hemp crop, commitment of violation as grounds for refusal to issue license; corrective action plan; rules 571.324[2016 c.71 §7; repealed by 2018 c.116 §32] 571.325Agricultural hemp seed labeling and certification; rules 571.327Hemp seed sales; packaging; rules 571.330Laboratory testing; limitation on sales, transfers; rules 571.333Industrial hemp crop concentration standards; test results 571.336Delivery of industrial hemp to marijuana processor; processing and delivery of hemp marijuana supplements; fee; appropriation 571.337Processor, retailer and wholesaler transaction involving industrial hemp commodity or product; rules 571.339Limitations on industrial hemp transaction involving consumer; testing requirements; exception 571.341[2018 c.116 §15a; 2021 c.351 §290; repealed by 2021 c.542 §34] 571.345Remediation for unintentional violation; rules 571.348Civil penalty; appropriation 571.350[Formerly 576.800; renumbered 571.650 in 2021] 571.355[Formerly 576.805; renumbered 571.655 in 2021] 571.360[Formerly 576.810; renumbered 571.660 in 2021] 571.365[Formerly 576.815; 2011 c.597 §234; renumbered 571.665 in 2021] 571.370[Formerly 576.821; renumbered 571.670 in 2021] 571.400Definitions for ORS 571.400 to 571.501 571.402Declarations; purposes of ORS 571.400 to 571.501 571.404Duties of State Department of Agriculture; rules 571.406Temporary members of Oregon Hemp Commission; terms; rules 571.408Ex officio members of Oregon Hemp Commission 571.410Required declaration of vacancy of producer, processor office 571.412Required declaration of vacancy of public member office 571.414Authority to remove member of Oregon Hemp Commission 571.417Payment for member of Oregon Hemp Commission; expenses; rules 571.420Meetings 571.423Powers of Oregon Hemp Commission; rules 571.426Authority to contract; limitations on contractors; required review of contracts; rules 571.429Oregon Hemp Commission authority, duties relating to moneys 571.432Administrative support for Oregon Hemp Commission from Oregon Department of Administrative Services; compensation for services; accounting system 571.435Provision and receipt of services, facilities and materials to, from other state agencies 571.438Exemption from certain financial administration laws 571.441Commission employees not subject to state personnel compensation plans; commission not subject to office space regulation; fees for administrative services; rules 571.444Intellectual property; rules 571.447Levy and collection of assessment; exemption; limitation; application for refund; rules 571.450Exemptions from assessments; rules 571.453Assessment collection requirements 571.456Reporting to Oregon Hemp Commission of sales, transfers of hemp by producer; payment of assessment 571.459Requirement to maintain records; Oregon Hemp Commission authority to inspect records, issue subpoenas 571.462Penalty for delayed payment of assessment 571.465Penalty for failure to pay assessment; civil action 571.468Dispute regarding amount of assessment; rules 571.471Financial activity of Oregon Hemp Commission 571.474Fidelity bond; conditions on bond; payment of cost of bond 571.477Cancellation of uncollectible assessment 571.480Maintenance of books, records and accounts 571.483Oregon Hemp Commission budget; meeting requirement; annual financial statement 571.486Requirement to comply with ORS 571.483 in order to make, incur expenditure 571.489Limitation on amount, purpose of expenditure 571.492Unforeseen expenditure; fund transfer 571.495Distribution of moneys upon abolishment of Oregon Hemp Commission 571.498Sale of hemp considered sale in commercial channels 571.501Penalty for violation of ORS 571.400 to 571.501 571.505Definitions for ORS 571.510 to 571.580 571.510Policy; department to maintain Christmas tree service; duties 571.515State Christmas Tree Advisory Committee 571.520Exemptions from licensing requirements 571.525License required to operate as grower 571.530License application; contents; license fee 571.535Renewal of license; rules 571.540Form of license; display required 571.545License not transferable; notice of change of business organization; additional assessment for trees not subject to fee 571.550Suspension, revocation or refusal of license 571.555Issuance of shipping permit numbers 571.560Inspections for pest, disease and weed control; additional inspections for special certificates 571.565Department to determine accuracy of acreage reporting for fee calculations 571.570Substitution or transportation of uninspected Christmas tree stock 571.575Knowingly offering to sell infected or infested Christmas tree stock 571.580Disposition and use of moneys received 571.600Definitions for ORS 571.605 to 571.620 571.605Economic development assistance 571.610Technical business assistance 571.615Workforce training assistance 571.620Identification and mapping of marketable stands 571.625Western Juniper Industry Fund 571.650Definitions for ORS 571.650 to 571.660 571.655License required; prohibitions 571.660Rules; fees 571.665Revocation, suspension or denial of or refusal to renew license; civil penalty; rules 571.670Disposition of fee moneys 571.990[Repealed by 1963 c.461 §34] 571.991Penalties for ORS 571.005 to 571.230 571.993Penalty for violation of ORS 571.655 571.995Penalties for ORS 571.525, 571.570 and 571.575 571.997Civil penalties for ORS 571.055 and 571.525

Chapter 571 — Nursery Stock; Licensed Agricultural Crops

ORS 571.997 Civil penalties for ORS 571.055 and 571.525

(1)

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.

(2)

Every violation of ORS 571.055 or 571.525 is a separate offense subject to a separate civil penalty.

(3)

The department shall consult with, and seek the advice of, the State Christmas Tree Advisory Committee and the State Nursery Research and Regulatory Committee in order to:

(a)

Develop one or more schedules setting the amounts of civil penalties that may be imposed for particular types of violations;

(b)

Develop guidelines and policies regarding the circumstances under which civil penalties should be imposed; and

(c)

At least biannually review cases to ensure that guidelines and policies developed under paragraph (b) of this subsection are being followed.

(4)

The imposition of a civil penalty under this section is subject to ORS 183.745.

(5)

The State Treasurer shall deposit all moneys from civil penalties recovered under this section into the Department of Agriculture Account.

(6)

Moneys from civil penalties recovered under this section for a violation of ORS 571.055 are continuously appropriated to the department for the administration of nursery laws and industry projects under ORS 571.005 to 571.230.

(7)

Moneys from civil penalties recovered under this section for a violation of ORS 571.525 are continuously appropriated to the department for the administration of Christmas tree laws and industry projects under ORS 571.510 to 571.580.

_______________

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Earlier statutory text is available in an ingested published ORS edition.