74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 418
House Bill 2287
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for State Department of Agriculture)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Regulates labeling, purity and marketing of commercial flower
seed. Prohibits sale, offering or exposure for sale or
transportation of improperly labeled flower seeds on or after
January 1, 2009.
A BILL FOR AN ACT
Relating to flower seeds; creating new provisions; and amending
ORS 633.511, 633.520, 633.531, 633.545, 633.550, 633.561,
633.571, 633.620, 633.630, 633.651, 633.655, 633.660, 633.670,
633.690 and 633.700.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 633.511 is amended to read:
633.511. As used in ORS 633.511 to 633.750:
(1) 'Agricultural seed' means fiber, forage and grass crop seed
and any other kind of seed or bulblet commonly recognized in this
state as agricultural seed or as lawn or turf seed, and mixtures
of any of such seeds, as may be determined by the Director of
Agriculture.
(2) 'Certified,' as applied to bulblets, tubers or
horticultural plants or to agricultural, { + cereal grain,
flower or + } vegetable { - or cereal grain - } seed, means
inspected and labeled by and in accordance with the standards and
rules and regulations adopted by the dean under ORS 633.620 or in
accordance with similar standards established by some similar
regularly constituted authority in another state or country.
(3) 'Conditioner' means any person who cleans, blends, bags or
stores seed.
(4) 'Dean' means the dean of the College of Agricultural
Sciences of Oregon State University, or agent.
(5) 'Director' means the Director of Agriculture, or agent.
{ + (6) 'Flower seed' means seeds of herbaceous plants grown
for their blooms, ornamental foliage or other ornamental parts,
and commonly known and sold in this state under the name of
flower or wildflower seeds. + }
{ - (6) - } { + (7) + } 'Inert matter' includes stones,
dirt, leafage, stems, badly broken seed and masses of spores.
{ - (7) - } { + (8) + } 'Labeling' includes all labels and
other printed, written or graphic representations in any form on
the container of any seeds or accompanying or pertaining to any
seeds, whether in bulk or in containers, and includes
representations on invoices.
{ - (8) - } { + (9) + } 'Mixed seed' and 'mixture' mean any
lot of seed that contains in excess of five percent by weight of
each of two or more kinds or varieties of agricultural { + ,
flower + } or vegetable seed.
{ - (9) - } { + (10) + } 'Other crop seed' means that part
of any lot or sample of seed that consists of { - the seed of
cereal grain and agricultural and - } { + agricultural, cereal
grain, flower or + } vegetable seeds other than those named on
the label.
{ - (10) - } { + (11) + } 'Percentage of germination' means
the percentage of pure seed of a lot or sample that produces
satisfactory sprouts before the close of a standard germination
test as prescribed pursuant to ORS 633.580.
{ - (11) - } { + (12) + } 'Percentage of hard seed' means
the percentage of pure seed of any lot or sample that remains in
its normal hard condition at the close of a standard germination
test as prescribed pursuant to ORS 633.580.
{ - (12) - } { + (13) + } 'Prohibited noxious weed seed'
means the seed of weeds { - which - } { + that + } when
established are highly destructive, competitive and difficult to
control by ordinary good cultural practice.
{ - (13) - } { + (14) + } 'Pure seed' means the
agricultural { + , flower + } or vegetable seed of which there is
the largest percentage by weight in any unmixed lot or sample
and, in the case of mixtures, includes any agricultural { + ,
flower + } or vegetable seed consisting of not less than five
percent by weight of the kind or kinds of seed under
consideration, as distinguished from other crop seed, weed seed
and inert matter.
{ - (14) - } { + (15) + } 'Restricted noxious weed seed'
means the seed of such weeds as are very objectionable in fields,
lawns and gardens but can be controlled by good cultural
practice.
{ - (15) - } { + (16) + } 'Retailer' means any person who
sells, offers or holds for sale, agricultural { + , flower + } or
vegetable seed to ultimate consumers or users for planting
purposes.
{ - (16) - } { + (17) + } 'Vegetable seed' means the seed
of those crops usually grown in Oregon in gardens or on truck
farms or for canning and freezing purposes and generally known
and sold under the name of vegetable seed.
{ - (17) - } { + (18) + } 'Weed seed' means any seed or
bulblets other than agricultural, { + cereal grain, flower
or + } vegetable { - or cereal grain seed - } .
{ - (18) - } { + (19) + } 'Wholesaler' means any person who
sells, offers or holds for sale, agricultural { + , flower + } or
vegetable seed to retailers, distributors, brokers or other
wholesalers for resale.
SECTION 2. ORS 633.520 is amended to read:
633.520. 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
{ - thereon - } or have attached { - thereto - } 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
{ - which - } { + that + } states in the English language:
(1) The commonly accepted name of the kind or the kind and
variety of each agricultural { + or flower + } seed component
constituting in excess of five percent of the whole and the
percentage by weight of each. If any such component is one
{ - which - } { + that + } the director, pursuant to ORS
633.680, has determined is generally labeled as to variety, the
label or tag shall bear, in addition to the name of the kind,
either the name of such variety or the statement 'Variety Not
Stated.' If more than one agricultural { + or flower + }seed is
named, the word 'mixture' or the words 'mixed seed' shall appear
conspicuously on the label or tag.
(2) The country or state where grown. If unknown, the fact that
the country or state where grown is unknown shall be stated.
(3) The lot number or other lot identification.
(4) The total percentage, by weight, of other crop seed.
(5) The total percentage, by weight, of weed seed.
(6) The total percentage, by weight, of inert matter.
(7) The name and number per pound of each kind of noxious weed
seed restricted in Oregon, or the statement 'No Noxious Found,'
or a similar statement, if the sample is free of all noxious weed
seeds listed in the administrative rules.
(8) For each named agricultural { + or flower + }seed:
(a) The percentage of germination. If germination data is based
on tests other than sprouting, that shall be so stated on the
label.
(b) The percentage of hard seed, if more than one percent.
(9) The month and year the test to determine the data required
by this section was completed.
(10) The name and address of the person who labeled the seed or
who sells, offers or exposes such seed for sale within the state.
(11) The year and month beyond which an inoculant, if shown in
the labeling, is no longer claimed to be effective.
(12) If such seed or mixture is intended for seeding purposes
and has been treated, the following:
(a) A statement that the seeds have been treated.
(b) The commonly accepted chemical or abbreviated chemical name
of any substance used in such treatment.
(c) A descriptive statement, approved by the director as
adequate for the protection of the public, of any process used in
such treatment.
(d) If the substances used in such treatment in the amount
remaining with the seeds is harmful to humans or other vertebrate
animals, an appropriate warning statement, approved by the
director as adequate for the protection of the public.
(13) A statement of the net quantity of the contents of each
container in terms of the net weight of such container.
SECTION 3. ORS 633.531 is amended to read:
633.531. Each container of vegetable seed { + or flower
seed + } that is sold, offered for sale, exposed for sale or
transported within this state and that has a net weight of one
pound or less shall be legibly labeled:
(1) With the commonly accepted name of the kind or the kind and
variety of the seed.
(2) With the name and address of the person who labeled the
seed or who sells, offers or exposes such seed for sale within
this state.
(3) With the year for which the seed was packed for sale, or
the percentage of germination and the date the test was
completed.
(4) In the case of seed { - which - } { + that + } has a
percentage of germination less than the standard prescribed by
the Director of Agriculture under authority of ORS 633.680, with:
(a) The percentage of germination.
(b) The percentage of hard seed, if more than one percent.
(c) The month and year the test to determine the data required
by this section was completed.
(d) The words 'substandard germination' in not less than
eight-point boldfaced type.
(5) With the labeling data required by ORS 633.520 (12) and
(13).
SECTION 4. ORS 633.545 is amended to read:
633.545. 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.
SECTION 5. ORS 633.550 is amended to read:
633.550. (1) In the following cases agricultural { + ,
flower + } or vegetable seeds, or mixtures of agricultural { + ,
flower + } or vegetable seeds, or both, are exempt from the
labeling provisions of ORS 633.520, 633.531 and 633.541, except
that any labeling or other representation that is made with
respect to such seed shall conform to those sections:
(a) When sold to be recleaned before being sold, offered or
exposed for sale for seeding purposes.
(b) When held in storage or consigned to a seed handling
establishment for conditioning.
(c) When held, sold or exposed for sale for milling, food or
feeding purposes only.
(d) When transported from field to conditioner and between
conditioner and dealer. However, if labeled, the seed must be
labeled accurately.
(2) Containers of agricultural { + , flower + } or vegetable
seeds, or mixtures of agricultural { + , flower + } or vegetable
seeds, or both, are exempt from the labeling provisions of ORS
633.520, 633.531 and 633.541 when such containers are filled in
the presence of the purchaser from bins or other bulk display
containers if such bins or bulk display containers are labeled
with the information otherwise required to be present on
individual packages of such seed.
SECTION 6. ORS 633.561 is amended to read:
633.561. The director shall prepare a list of prohibited
noxious weed seeds { - , - } and a list of restricted noxious
weed seeds { - , on which latter list - } { + . 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.
SECTION 7. ORS 633.571 is amended to read:
633.571. (1) The director, with the concurrence of the dean,
may make the following changes in the list of prohibited noxious
weed seeds or in the list of restricted noxious weed seeds:
(a) The addition to either list of the name of the seed of any
weed.
(b) The removal from either list of the name of the seed of any
weed.
(c) A change in the list of restricted noxious weed seeds of
the number of such seeds per pound that may be present in
agricultural { + , flower + } or vegetable seed.
(2) In determining whether the name of the seed of any weed
should be added to or removed from either list, or whether a
change should be made in the number of any restricted noxious
weed seed that may be present in agricultural { + , flower + } or
vegetable seed, the director and the dean shall consider the
following factors:
(a) The prevalence of such weed in the state.
(b) The potential effect upon the seed industry and agriculture
generally.
(c) Means of effective control or eradication.
(d) Toxicity to animals, including humans.
(e) Methods of separation from other seeds.
(f) Any other factor that may in the judgment of the director
and the dean be a reasonable ground for making such change.
(3) The director shall cause all changes made pursuant to this
section to be given to the press and printed in pamphlet form
available for distribution.
SECTION 8. ORS 633.620 is amended to read:
633.620. (1) The certification of varieties of agricultural,
cereal grain { + , flower + } or vegetable seeds, or of tubers or
horticultural plants, for planting purposes as certified seeds,
tubers or plants shall be conducted in this state by the dean.
(2) The varieties eligible for certification, the rules and
regulations and standards for such certification that will
provide for seed of high quality and the official seals and tags
shall be determined upon and adopted by the dean.
(3) The dean may establish field inspection fees and charges
for inspection and certification in an amount sufficient to cover
the cost of such work. The dean may also charge the approximate
cost price for tags, ties and seals and make charges covering the
cost of field, threshed-seed or bin inspections when such
inspections are called for at such times and places as to involve
a total expense in excess of the income from the established fees
or charges. In all cases the fees and charges shall be fixed at a
rate that will cover the approximate cost of the work.
(4) The dean may authorize the inspection and certification of
tubers and agricultural, cereal grain { + , flower + } and
vegetable seeds without the collection of fees when grown in
areas not in excess of one acre by members of 4-H Clubs and of
the Future Farmers of America.
(5)(a) Notwithstanding any other provision of this section, the
dean may enter into agreements with appropriate agricultural or
educational agencies of the State of Idaho for the performance of
seed certification, testing and analysis services for producers
of hard seed in Malheur County.
(b) As used in this subsection 'hard seed' means alfalfa,
beans, clover, peas, soybean, trefoil, vetch, barley, oats, rye,
triticale, wheat, buckwheat, lupine, rape, sunflower, sugar
beets, vegetable seed, flower seed and corn.
(6) Notwithstanding any other provision of this section, and in
addition to the authority granted by subsection (5) of this
section, the dean may enter into agreements with appropriate
public or private agencies to assist the Oregon State University
seed testing laboratory in the testing and analysis of seed
samples.
SECTION 9. ORS 633.630 is amended to read:
633.630. (1) All moneys collected as fees or charges for
inspection and certification of agricultural, cereal grain { + ,
flower + } and vegetable seeds, and of tubers and horticultural
plants, shall be receipted for and deposited in a special fund to
be known as the certification fund. The fund shall be maintained
by the dean, who may expend such funds for no other purposes than
the following:
(a) Salaries, wages and necessary travel and other expenses of
employees while on official duty.
(b) The purchase of necessary equipment, materials and
supplies.
(c) Other expenses necessary to the carrying out of such
inspection and certification.
(2) The expenditures shall be made in accordance with the usual
disbursement of receipts of the cooperative agricultural
extension service.
SECTION 10. ORS 633.651 is amended to read:
633.651. (1) { - No person shall - } { + 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:
(a) That except as provided in ORS 633.550, has not been
labeled as required by ORS 633.520, 633.531 and 633.541;
(b) That bears a label that is false or misleading;
(c) That contains any prohibited noxious weed seeds;
(d) That contains restricted noxious weed seeds in excess of
the permissible numbers per pound established under ORS 633.561
or 633.571 (2);
(e) That has not been tested within the 18 months next
preceding such sale, offering for sale, exposure for sale or
transportation, not including the calendar month in which the
test was completed, to determine the percentage of germination
for the labeling requirements of ORS 633.520, 633.531 and
633.541. The Director of Agriculture may, pursuant to the
authority of ORS 633.680, establish by order a shorter period for
kinds of seed
{ - which - } { + that + } the director finds under ordinary
conditions of handling will not maintain a germination within the
established limits of tolerance during an 18-month period, or
longer period for kinds of such seed { - which - } { +
that + } are packaged in such container materials and under such
conditions as the director may determine will, during such longer
period, maintain the viability of the seed under ordinary
conditions of handling. Any person in possession of seeds shall
keep on file available for State Department of Agriculture
inspection the original or duplicate copy of the latest test made
of such seeds { - which shall show - } { + that shows + }, in
addition to the information required by the provisions of this
section, the date and the name of the person making such test; or
(f) That, if it is a variety for which a certificate of plant
variety protection under the federal Plant Variety Protection Act
specifies sale only as a class of certified seed, is sold or
exposed for sale by variety name but has not been so certified by
any official seed certifying agency. However, seed from a
certified lot may be labeled as to variety name when used in a
mixture by, or with the written approval of, the owner of the
variety.
(2) { - No person shall - } { + A person may not + }
substitute uncertified for certified seed.
(3) { - No person shall - } { + A person may not + } use
tags or seals indicating certification other than as prescribed
by a certification agency, as authorized by ORS 633.620 or
633.511 (2).
(4) Unless the tuber, horticultural plant or agricultural,
{ + cereal grain, flower or + } vegetable { - or cereal
grain - } seed has been produced, tested, examined and labeled
in accordance with ORS 633.511 to 633.750 and the rules and
regulations of this state or the official certification agency of
another state, territory or country, { - no person shall - }
{ + a person may not + }:
(a) Sell, offer for sale, expose for sale, advertise or
transport any such tuber, plant or seed representing it to be
certified; or
(b) Use in connection with such tuber, plant or seed any tags
or seals similar to those used in official certification, as
established pursuant to ORS 633.620 or 633.511 (2).
(5) { - No person shall - } { + A person may not + } alter
or falsify any seed labels, seed tests, records or other
documents pertaining to seed dealings.
SECTION 11. ORS 633.655 is amended to read:
633.655. { - No person shall be - } { + A person is not + }
subject to the penalties of ORS 633.992 for having sold, offered
for sale, exposed for sale or transported in this state any
agricultural { + , flower + } or vegetable seed, that:
(1) Is incorrectly labeled or represented as to kind and
variety or origin, { - which - } { + if the + } seeds cannot
be identified except by a field test { - thereof - } , when
such person:
(a) Obtains an invoice or grower's declaration stating the
kind, or kind and variety, and origin, if required;
(b) Takes such invoice or grower's declaration in good faith;
and
(c) Takes such other precautions as are reasonable to
{ - insure - } { + ensure + } the identity of the seeds to be
as stated.
(2) Does not conform to the label on the container
{ - thereof - } , but is within the tolerances authorized by the
director under ORS 633.680 (1).
SECTION 12. ORS 633.660 is amended to read:
633.660. The director shall enforce ORS 633.511 to 633.750 and
633.996. However, the enforcement of certification regulations
and the work of testing seeds and sampling, inspecting, sealing
and certification labeling of tubers and horticultural plants and
of agricultural, cereal grain { + , flower + } and vegetable
seeds for certification, as provided by ORS 633.600 to 633.640,
shall be done by the dean.
SECTION 13. ORS 633.670 is amended to read:
633.670. (1) In the enforcement of ORS 633.511 to 633.750 and
633.996, the Director of Agriculture, deputies of the director,
inspectors or samplers may:
(a) Enter during regular business hours any store, warehouse,
mill, cleaning or storage place, depot or other structure,
freight car or other vehicle, in which agricultural { + ,
flower + } or vegetable seeds are being sold or offered for sale,
stored, handled or transported.
(b) Either alone or in the presence of a representative or
employee of the person whose premises are so entered, examine and
inspect any agricultural { + , flower + } or vegetable seeds
being possessed, sold, offered or exposed for sale for planting
purposes, in this state, for their compliance with those
sections.
(c) Draw or cause to be drawn a representative sample of any
lot of such seed for official testing and analysis or, in the
case of individually packaged seeds, select a number of such
packages as a representative sample.
(d) Examine any records or documents pertaining to any seed
being sold or offered for sale, or records pertaining to any seed
that has previously been sold or any other records involved in
seed dealings.
(2) Any sample so drawn may represent any lot, or portion of
such lot, of such seed { - which - } { + that + } shall be
divided, at the request of the owner or person in charge, into
two approximately duplicate samples, each of which shall be
properly identified, labeled and sealed in accordance with the
rules and regulations adopted under ORS 633.680. One of the
samples shall be transmitted to the agricultural experiment
station seed laboratory at Oregon State University for official
testing for regulatory purposes. The other sample shall be
tendered to the representative of the organization from whose
structure or vehicle the sample was taken.
(3) The director may seize any container of agricultural { + ,
flower + } or vegetable seed possessed, sold, offered or exposed
for sale for planting purposes in this state that appears to be
in violation of any of the provisions of ORS 633.511 to 633.750,
and proceed in the manner directed by law for the disposal of
products seized by the State Department of Agriculture.
(4) Any sample taken under those sections, and the report
showing the results of the official test made on any such sample,
shall be prima facie evidence in any court in this state of the
true condition of the entire lot, in the examination of which the
sample was taken.
(5) A copy of the result of any such test shall be mailed to
the person or authorized representative, if known, owning,
possessing or holding the seed from which the sample was drawn.
(6) The director may cause to be published in the official
paper or bulletin of the department a report of all seed
inspection work done for regulatory purposes and shall indicate
in the report:
(a) The name and address of each person whose seed was
inspected.
(b) The total number of such inspections.
(c) The number and kind of seeds of which samples were
inspected and tested.
(d) The number or a list of samples complying with ORS 633.511
to 633.750.
(e) A detailed list showing kinds of seed and the nature of
violations of any of the provisions of those sections as found in
the inspection and testing of any such seeds belonging to any
such person.
SECTION 14. ORS 633.690 is amended to read:
633.690. (1) The director may place a quarantine on all
agricultural { + , flower + } or vegetable seed entering this
state from any outside source. However, seed labeled in
accordance with ORS 633.520, 633.531 and 633.541 shipped into the
state by any person holding an Oregon license in full force shall
not necessarily be quarantined; and any such seeds in tight
containers in transit directly through this state, to points
outside this state, { - shall not be - } { + are not + }
subject to quarantine. Any such seeds from outside this state,
that are destined to points in this state for conditioning
purposes, for later use in this state, or for shipment from this
state, shall be held under quarantine until such seeds comply
with ORS 633.511 to 633.750.
(2) The director may draw necessary samples of such seed and
hold such seed until the necessary tests are completed and
arrangements for the disposition of the seed are consummated. If
the seed is found to be in compliance with those sections it
shall be immediately released. If the seed is found to be in
violation of any part of those sections, the director shall so
notify the shipper and, unless the director is instructed to
return such seed within 30 days or unless such seed is put in
condition to comply with the provisions of those sections and all
costs covering such inspection and seizure are paid, the director
shall cause the seed to be destroyed.
SECTION 15. ORS 633.700 is amended to read:
633.700. (1) { - No person may - } { + A person may not + }
sell, offer or expose for sale in this state any agricultural or
vegetable seeds unless the person holds an unsuspended license
issued by the State Department of Agriculture. { + A person
selling, offering or exposing for sale only flower seeds at
retail must hold an unsuspended license issued by the
department. + } However, any person selling seeds of the person's
own production exclusively, and persons selling only { + flower
or + } vegetable seeds at retail, in packages weighing not in
excess of one-half pound, as prepared for such trade by other
seed companies, if the seed company preparing such packaged seed
for sale, has a license in force for the sale of such seed in
this state, is not required to secure such license. For the
purposes of this section, persons operating more than one branch,
plant or warehouse where seeds are sold, offered or exposed for
sale shall secure a separate license for each such branch, plant
or warehouse.
(2) Any person desiring to sell, offer or expose for sale in
this state any agricultural { + , flower + } or vegetable seeds,
for planting purposes, except as provided in this section, shall
make application to the director for a license for this purpose.
The application shall be signed by the applicant or the
authorized agent of the applicant and shall be in a form approved
by the director. Upon presentation of such signed application for
a license and the tendering of the license fee established by the
department pursuant to subsection (3) of this section, the
department shall issue the license to the applicant. The license
shall expire June 30 next following the date of issuance.
(3) The department shall establish annual license fees, not to
exceed $40 for a retailer's license and not to exceed $400 for a
wholesaler's license. Only one license shall be required for one
person's operation at one location.
SECTION 16. { + The amendments to ORS 633.520, 633.531,
633.545, 633.651 and 633.700 by sections 2 to 4, 10 and 15 of
this 2007 Act apply to flower seeds sold, offered or exposed for
sale or transported within this state on or after January 1,
2009. + }
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