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 2140
Senate Bill 647
Sponsored by COMMITTEE ON JUDICIARY (at the request of Oregon
Seed Trade Association)
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.
Replaces portions of existing seed law with seed law patterned
on recommended uniform state seed law developed by national
association. Makes violation of law subject to maximum $100 fine
for first offense and $200 for subsequent similar offense.
Appropriates moneys from fees to Dean of the College of
Agricultural Sciences of Oregon State University for purpose of
carrying out duties of dean under Act.
A BILL FOR AN ACT
Relating to seeds; creating new provisions; amending ORS 62.848,
87.750, 561.144, 561.625, 633.690, 633.720 and 633.992;
repealing ORS 633.511, 633.520, 633.531, 633.541, 633.545,
633.550, 633.561, 633.580, 633.600, 633.620, 633.651, 633.655,
633.660, 633.670, 633.680 and 633.996; and appropriating money.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + As used in ORS 633.511 to 633.750:
(1) 'Advertisement' means all representations, other than those
on the label, disseminated in any manner or by any means and
relating to seed subject to ORS 633.511 to 633.750.
(2) 'Agricultural seed' includes:
(a) Grass, forage, cereal, oil, fiber, bulblets or other kinds
of crop seeds commonly recognized in this state as agricultural
seeds or lawn seeds, and combinations of those seeds.
(b) Noxious weed seeds if the Director of Agriculture
determines that the seed is being used as agricultural seed.
(3) 'Blend' means seed consisting of more than one variety of a
kind, each in excess of five percent by weight of the whole.
(4) 'Certified,' as applied to bulblets, tubers or
horticultural plants or to agricultural, vegetable or cereal
grain seed, means inspected and labeled by, and in accordance
with the standards, rules and regulations adopted by, the Dean of
the College of Agricultural Sciences of Oregon State University
or in accordance with similar standards established by some
similar regularly constituted authority in another state or
country.
(5) 'Complete record' means:
(a) Any and all information that relates to the origin,
treatment, viability, purity, kind and variety of each lot of
agricultural seed sold in this state;
(b) Any and all information that relates to the treatment,
viability, kind and variety of each kind of agricultural and
vegetable seed sold in this state; and
(c) Seed samples and records of declarations, labels,
purchases, sales, conditioning, bulking, treatment, handling,
storage, analyses, tests and examinations of agricultural and
vegetable seed.
(6) 'Conditioning' means storing, handling or processing seed
by means of drying, cleaning, scarifying, blending and other
operations that could change the purity or viability of the seed
and require the seed lot to be retested to determine the label
information.
(7) 'Dean' means the Dean of the College of Agricultural
Sciences of Oregon State University or an agent of the dean.
(8) 'Director' means the Director of Agriculture or an agent of
the director.
(9) 'Dormant' means viable seed, excluding hard seed, that
fails to germinate when provided the specified germination
conditions for that kind of seed.
(10) 'Genuine grower's declaration' means a statement signed by
the grower that gives for each lot of seed the:
(a) Lot number;
(b) Kind;
(c) Variety if known;
(d) Origin;
(e) Weight;
(f) Year of production;
(g) Date of shipment; and
(h) Person to whom shipment was made.
(11) 'Germination' means the emergence and development from the
seed embryo of those essential structures that, for that kind of
seed, are indicative of the ability to produce a normal plant
under favorable conditions before the close of a standard
germination test.
(12) 'Hard seeds' means seeds that remain hard at the end of a
prescribed test period because the seeds have not absorbed water
due to an impermeable seed coat.
(13) 'Hybrid':
(a) Means the first-generation seed of a cross produced by
controlling the pollination and combining:
(A) Two or more inbred lines;
(B) One inbred or single cross with an open-pollinated variety;
or
(C) Two varieties or species, except open-pollinated varieties
of the corn species Zea mays.
(b) Does not mean a second or subsequent generation of seed
described in paragraph (a) of this subsection.
(14) 'Inert matter' means broken seeds, sterile florets, chaff,
fungus bodies, stones or other foreign matter not recognized as
viable seed as determined by methods defined by the dean by rule.
(15) 'Kind' means one or more related species or subspecies
that singly or collectively are known by one common name, such as
corn, oats, alfalfa and timothy.
(16) 'Labeling' includes:
(a) A tag or other device attached to, or written, stamped or
printed on, any container, or accompanying any lot of bulk seeds,
purporting to set forth the information required on the seed
label under sections 2 to 11 and 13 to 15 of this 2007 Act; and
(b) Any other information relating to the labeled seed.
(17) 'Lot' means a definite quantity of seed, identified by a
unique number or other mark, every portion or bag of which is
uniform within recognized tolerances for the factors that appear
on the labeling.
(18) 'Mixture' means seed consisting of more than one kind,
each in excess of five percent by weight of the whole.
(19) 'Mulch' means a protective covering, of any suitable
substance, placed with seed that acts to retain sufficient
moisture to support seed germination and sustain early seedling
growth and to aid in the prevention of the evaporation of soil
moisture, the controlling of weeds and the prevention of erosion.
(20) 'Noxious weeds' means prohibited noxious weeds and
restricted noxious weeds.
(21) 'Off-type' means any seed or plant that is not part of a
variety in that the seed or plant deviates in one or more
characteristics from the variety as described, such as:
(a) A seed or plant of another variety;
(b) A seed or plant that is not of any variety;
(c) A seed or plant resulting from cross-pollination by another
kind or variety;
(d) A seed or plant resulting from uncontrolled
self-pollination during the production of hybrid seed; and
(e) Segregates of a seed or plant described in paragraphs (a)
to (d) of this subsection.
(22) 'Origin' means the country or state where seed is grown.
(23) 'Other crop seed' means seeds of plants grown as crops,
other than the kind or variety included in the pure seed, as
determined by methods defined by the dean by rule.
(24) 'Percentage of germination' means the percentage of pure
seed in a lot or sample that is viable.
(25) 'Percentage of hard seed' means the percentage of pure
seed in any lot or sample that remains in its normal hard
condition at the close of a standard viability test.
(26) 'Person' means an individual, partnership, corporation,
company, association, receiver, firm, trustee or agent.
(27) 'Prohibited noxious weed seeds' means weed seeds that:
(a) Are prohibited from being present in agricultural,
vegetable or tree and shrub seed in this state; and
(b) Are of weeds that are highly destructive and difficult to
control through good cultural practices and the use of
herbicides.
(28) 'Pure live seed' means the product of the percentage of
germination plus hard or dormant seed multiplied by the
percentage of pure seed divided by 100, expressed as a whole
number.
(29) 'Pure seed' means seed exclusive of inert matter and of
all other seeds not of the seed being considered, as determined
by methods defined by the dean by rule.
(30) 'Restricted noxious weed seeds' means weed seeds that:
(a) Are objectionable in agricultural crops, lawns and gardens
of this state; and
(b) Can be controlled through good cultural practices or the
use of herbicides.
(31) 'Retailer' means any person who sells or who offers or
holds for sale agricultural or vegetable seed to ultimate
consumers or users for planting purposes.
(32) 'Seizure' means the act of taking possession of any
container of agricultural seed or vegetable seed by legal
process.
(33) 'Stop sale' means an administrative order, provided by
law, restraining the sale, use, disposition and movement of a
definite amount of seed.
(34) 'Treated' means injected, coated, sprayed or otherwise
intentionally exposed to a pesticide as defined in ORS 634.006.
(35) 'Tree and shrub seed' includes the seeds of woody plants
commonly known and sold as tree and shrub seeds in this state.
(36) 'Tree seed collector's declaration' means a statement
signed by a grower or person having knowledge of the place of
collection, giving for a lot of seed the:
(a) Lot number;
(b) Common or scientific name of the species and, if
appropriate, the subspecies;
(c) Origin;
(d) Elevation; and
(e) Quantity of tree and shrub seed.
(37) 'Type' means a group of varieties so nearly similar that
the individual varieties cannot be clearly differentiated except
under special conditions.
(38) 'Variety' means:
(a) A subdivision of a kind that is:
(A) Distinct in the sense that the variety can be
differentiated by one or more identifiable morphological,
physiological or other characteristics from all other varieties
of public knowledge;
(B) Uniform in the sense that the variations in essential and
distinctive characteristics are describable; and
(C) Stable in the sense that the variety will remain unchanged
in its essential and distinctive characteristics and its
uniformity when reproduced or reconstituted as required by the
different categories of varieties.
(b) The designation given to a hybrid.
(39) 'Vegetable seeds' includes the seeds of those crops that
are grown in gardens and on truck farms and that are generally
known and sold under the name of vegetable or herb seeds in this
state.
(40) 'Viability' means the property of the seed that enables it
to germinate under conditions favorable for germination:
(a) Quantitatively measured for a lot by the percentage of
germination in a standard germination test for a particular
material, conducted on seed from which any dormancy has been
removed before the germination test.
(b) Quantitatively estimated for a deeply dormant seed lot by
the percentage of seeds showing proper positive response to the
tetrazolium test.
(41) 'Weed seed' means prohibited and restricted noxious weed
seeds and the seeds or bulblets of all plants generally
recognized as weeds in this state, as determined by methods
defined by the dean by rule.
(42) 'Wholesaler' means any person who sells or who offers or
holds for sale agricultural or vegetable seed to retailers,
distributors, brokers or other wholesalers for resale. + }
SECTION 2. { + Each container of agricultural or vegetable
seed offered for sale, exposed for sale or transported within
this state for sowing purposes shall bear or have attached in a
conspicuous place a plainly written or printed label or tag in
the English language, giving information as required under
sections 2 to 11 of this 2007 Act. The statement may not be
modified or denied in the labeling or on another label attached
to the container. + }
SECTION 3. { + (1) For all agricultural or vegetable seeds
that are treated, the label or tag must give the following
information:
(a) A word or statement indicating that the seed has been
treated.
(b) The commonly accepted coined, chemical or abbreviated
chemical generic name of the applied substance or a description
of the process used.
(c) If the substance in the amount present with the seed is
harmful to humans or other vertebrate animals, a cautionary
statement such as 'Do not use for food, feed or oil purposes. '
(d) If the substance is a mercurial or similarly toxic
substances a cautionary poison statement or symbol.
(e) If the seed is treated with inoculants, the date of
expiration beyond which the inoculants are not to be considered
effective.
(2) A separate label may be used for the information described
in subsection (1) of this section. + }
SECTION 4. { + (1) For agricultural seeds, the label or tag
must give the following information, except as provided for cool
season lawn and turf grass seed and mixtures in section 5 of this
2007 Act, for seed sold on a pure live seed basis in section 9 of
this 2007 Act and for hybrids that contain less than 95 percent
hybrid seed in section 10 of this 2007 Act:
(a) For each agricultural seed component present in excess of
five percent of the whole:
(A) The name of the kind and variety;
(B) The percentage of the whole by weight;
(C) If the variety of those kinds generally labeled as to
variety as designated in the rules of the Director of Agriculture
is not stated, the name of the kind and the words 'Variety Not
Stated'; and
(D) If a hybrid, the word 'hybrid. '
(b) The lot number or other lot identification.
(c) The origin or, if unknown, a statement that the origin is
unknown.
(d) The percentage by weight of all weed seeds.
(e)(A) The name and number per pound of each seed that is a
restricted noxious weed seed in Oregon; or
(B) The statement 'No noxious found' or a similar statement, if
the sample is free of all noxious weed seeds listed in the rules
of the director.
(f) The percentage by weight of agricultural seeds other than
those required to be named on the label.
(g) The percentage by weight of inert matter.
(h) For each named agricultural seed:
(A) The percentage of viability, expressed as ' germination,'
exclusive of hard seed;
(B) The percentage of hard seeds, if present; and
(C) The calendar month and year the test was completed to
determine the percentages described in subparagraphs (A) and (B)
of this paragraph.
(i) The name and address of the person who labeled the seed or
who sells the seed, or offers or exposes the seed for sale,
within this state.
(2) Seed described in subsection (1)(f) of this section may be
designated as 'crop seed. '
(3) Following the information described in subsection (1)(h)(A)
and (B) of this section, the total of that information may be
stated as 'total germination and hard seed.' + }
SECTION 5. { + (1) For Kentucky bluegrass, red fescue,
chewings fescue, hard fescue, tall fescue, perennial ryegrass,
intermediate ryegrass, annual ryegrass, colonial bentgrass,
creeping bentgrass and other cool season lawn and turf grasses,
or mixtures of those grasses, the label or tag must give the
following information:
(a) For single kinds, the name of the kind or the kind and
variety.
(b) For a mixture:
(A) The word 'mix,' 'mixed,' 'mixture' or 'blend ' stated with
the name of the mixture;
(B) The heading 'Pure Seed,' 'Germination' or 'Germ, ' used in
the proper places.
(C)(i) The commonly accepted name of the kind, or kind and
variety, of each agricultural seed component in excess of five
percent of the whole; and
(ii) The percentage by weight of pure seed in order of its
predominance and in columnar form.
(c) The percentage by weight of agricultural seed other than
those required to be named on the label, designated as 'crop
seed. '
(d) The percentage by weight of inert matter, not to exceed:
(A) 15 percent in Kentucky bluegrass; or
(B) 10 percent in all other lawn and turf grasses.
(e) The percentage by weight of all weed seeds.
(f) For noxious weeds that are required to be labeled, a
listing under the heading 'Noxious Weed Seeds. '
(g) For each agricultural seed named under paragraph (a) or (b)
of this subsection:
(A) The percentage of viability, expressed as ' germination,'
exclusive of hard seed;
(B) The percentage of hard seed, if present; and
(C) The calendar month and year the test was completed to
determine the percentages described in subparagraphs (A) and (B)
of this paragraph.
(h) The name and address of the person who labeled the seed or
the person who sells the seed or offers or exposes the seed for
sale in this state.
(2) For seed described in subsection (1) of this section,
foreign material, other than material used for coating or
pelleting as described in section 6 of this 2007 Act or
combination products as described in section 11 of this 2007 Act
to enhance the planting value or common to grass seed, may not be
added.
(3) The total of the percentages listed under subsection (1) of
this section must equal 100 percent.
(4) If a single test date is used for viability expressed as '
germination' on the labeling of mixtures and blends under
subsection (1)(g) of this section, the oldest test date shall be
used. If a 'sell by' statement is used for seed described in
subsection (1)(g) of this section, the date listed in the 'sell
by' statement may be no more than 15 months from the date of
test, exclusive of the month of test. + }
SECTION 6. { + (1) For agricultural seeds that are coated, the
label or tag must give the following information:
(a) The percentage by weight of pure seeds with coating
material removed.
(b) The percentage by weight of coating material.
(c) The percentage by weight of inert material, exclusive of
coating material.
(2) The percentage of viability for seeds described in this
section, expressed as 'germination,' is to be determined on 400
pellets with or without seeds.
(3) In addition to the provisions of this section, labeling of
coated seed shall comply with the requirements of sections 3 to 5
of this 2007 Act. + }
SECTION 7. { + For vegetable seeds in packets as prepared for
use in home gardens or household plantings or vegetable seeds in
preplanted containers, mats, tapes or other planting devices, the
label or tag must give the following information:
(1) The name of the kind and variety of seed.
(2) The lot identification, such as by lot number or other
means.
(3)(a) The calendar month and year the viability test was
completed and the statement 'sell by' followed by a date that is
no more than 15 months from the date of the test exclusive of the
month of test;
(b) The year for which the seed was packaged for sale,
indicated by the words 'packed for' followed by the year and the
statement 'sell by' followed by a calendar year; or
(c) The percentage of viability expressed as 'germination ' and
the calendar month and year the test was completed to determine
that percentage, provided that the germination test was completed
within 15 months, exclusive of the month of test, prior to the
last date the product is offered for sale to ultimate consumers
or users for planting purposes.
(4) The name and address of the person who labeled the seed or
who sells the seed, or offers or exposes the seed for sale,
within this state.
(5) For seeds that germinate less than the standard last
established by the Director of Agriculture under section 20 of
this 2007 Act:
(a) The percentage of viability, expressed as germination,
exclusive of hard seed;
(b) The percentage of hard seed, if present; and
(c) The words 'Below Standard' in not less than 8-point type.
(6) For seeds placed in a viability medium, mat, tape or other
device in such a way as to make it difficult to determine the
quantity of seed without removing the seeds from the medium, mat,
tape or device, a statement to indicate the minimum number of
seeds in the container. + }
SECTION 8. { + (1) For vegetable seeds in containers other
than packets prepared for use in home gardens or household
plantings and other than preplanted containers, mats, tapes or
other planting devices, the label or tag must give the following
information:
(a) For each kind and variety of seed present in excess of five
percent of the whole:
(A) The name of the kind and variety; and
(B) The percentage by weight in order of predominance.
(b) Lot number or other lot identification.
(c) For each named vegetable seed:
(A) The percentage of germination, exclusive of hard seed;
(B) The percentage of hard seed, if present; and
(C) The calendar month and year the test was completed to
determine the percentages described in subparagraphs (A) and (B)
of this paragraph.
(d) The name and address of the person who labeled the seed or
the person who sells the seed, or offers or exposes the seed for
sale, within this state.
(2) Following the information described in subsection (1)(c)(A)
and (B) of this section, the total of that information may be
stated as 'total germination and hard seed' if desired.
(3) The labeling requirements for vegetable seeds in containers
of more than one pound are deemed to be met if the seed is
weighed from a properly labeled container in the presence of the
purchaser. + }
SECTION 9. { + For agricultural seed sold on a pure live seed
basis, the label or tag must give the following information:
(1) If in accordance with the rules adopted by the Director of
Agriculture, the information described in section 4 of this 2007
Act, except that the label or tag need not show the following:
(a) The percentage of the whole by weight for each agricultural
seed component as described in section 4 (1)(a) of this 2007 Act.
(b) The percentage by weight of inert matter as described in
section 4 (1)(g) of this 2007 Act.
(c) The percentage of viability, percentage of hard seed and
test date information as described in section 4 (1)(h) of this
2007 Act.
(2) For each named agricultural seed:
(a) The percentage of pure live seed determined in accordance
with rules adopted by the Dean of the College of Agricultural
Sciences of Oregon State University; and
(b) The calendar month and year in which the test determining
the percentage of pure live seed was completed. + }
SECTION 10. { + (1) For agricultural and vegetable hybrid seed
that contains less than 95 percent hybrid seed, the label or tag
must give the following information:
(a) Except as provided in subsection (2) of this section, each
named kind or variety labeled as 'hybrid. '
(b) The percentage that is hybrid, labeled parenthetically in
direct association following the named variety, such as 'Comet
(85% hybrid). '
(2) Varieties in which the pure seed contains less than 75
percent hybrid seed may not be labeled as hybrid. + }
SECTION 11. { + (1) For combination mulch, seed and fertilizer
products, the label or tag must give the following information:
(a) The word 'combination' followed by the words 'mulch, ' '
seed' and 'fertilizer' if appropriate.
(b) For agricultural, lawn and turf seeds placed in a
germination medium, mat, tape or other device or mixed with
mulch, the:
(A) Product name;
(B) Lot number;
(C) Percentage by weight of pure seed of each kind and variety
named, whether or not more than five percent of the whole;
(D) Percentage by weight of other crop seeds;
(E) Percentage by weight of inert matter;
(F) Percentage by weight of weed seeds;
(G) Name and number per pound of noxious weed seeds, if
present;
(H) Percentage of germination, percentage of hard seeds if
appropriate, and date of test for each kind or kind and variety
of seed named; and
(I) Name and address of the labeler.
(2) For the information described in subsection (1)(a) of this
section:
(a) The word 'combination,' and the words 'mulch, ' ' seed' and
'fertilizer' if appropriate, must appear on the upper 30 percent
of the principal display panel.
(b) The word 'combination' must be in the largest and most
conspicuous type on the container, equal to or larger than the
size of the product name.
(c) The words 'mulch,' 'seed' and 'fertilizer' shall be no
smaller than one-half the size of the word 'combination' and in
close proximity to the word 'combination. '
(3) A product described in subsection (1)(a) of this section
shall contain a minimum of 70 percent mulch.
(4) A product described in subsection (1)(b) of this section
may not be less than 70 percent inert matter by weight. + }
SECTION 12. { + Containers of agricultural or vegetable seeds
or of Kentucky bluegrass, red fescue, chewings fescue, hard
fescue, tall fescue, perennial ryegrass, intermediate ryegrass,
annual ryegrass, colonial bentgrass, creeping bentgrass and other
cool season lawn and turf grasses, or mixtures of those grasses,
are exempt from the labeling requirements of sections 2 to 11 of
this 2007 Act if the containers are filled in the presence of the
purchaser from bins or other bulk display containers if the bins
or bulk display containers are labeled with the information
otherwise required to be present on individual packages of that
seed. + }
SECTION 13. { + (1) Except as provided in subsection (2) of
this section, each container of tree and shrub seed offered for
sale, exposed for sale or transported within this state for
purposes of sowing in this state shall bear or have attached in a
conspicuous place a plainly written or printed label or tag in
the English language, giving information as required under
sections 14 and 15 of this 2007 Act. The statement may not be
modified or denied in the labeling or on another label attached
to the container.
(2) The labeling of seed supplied under a contractual agreement
may be by invoice accompanying the shipment, or by an analysis
tag attached to the invoice, if each bag or other container is
clearly identified by lot number stenciled on the container or if
the seed is in bulk. Each bag or container that is not identified
as described in this subsection must carry complete labeling. + }
SECTION 14. { + (1) For all tree and shrub seed that has been
treated, the label or tag must give the following information:
(a) A word or statement indicating that the seed has been
treated.
(b) The commonly accepted coined, chemical or abbreviated
chemical generic name of the applied substance or a description
of the process used.
(c) If the applied substance in the amount present with the
seed is harmful to humans or other vertebrate animals, a
cautionary statement such as 'Do not use for food, feed or oil
purposes. '
(d) If the applied substance contains mercurials or similarly
toxic substances, a cautionary poison statement or symbol.
(e) If the seed is treated with inoculants, the date of
expiration beyond which the inoculants are not to be considered
effective.
(2) A separate label may be used for the information described
in subsection (1) of this section. + }
SECTION 15. { + For all tree and shrub seed, the label or tag
must give the following information:
(1) The common name of the species of seed and of the
subspecies if appropriate.
(2) The scientific name of the genus and species and of the
subspecies if appropriate.
(3) The lot number or other lot identification.
(4) The origin.
(5) For seed collected from a predominantly indigenous stand,
the area of collection given by latitude or longitude, by
geographic description or by political subdivision, such as state
or county.
(6) For seed collected from other than a predominantly
indigenous stand:
(a) Identification of the area of collection and the origin of
the stand; or
(b) The statement 'Origin Not Indigenous. '
(7) The elevation or the upper and lower limits of elevations
within which the seed was collected.
(8) The purity, as a percentage of pure seed by weight.
(9) For those species for which standard germination testing
procedures are prescribed by the Director of Agriculture, the
following:
(a)(A) The percentage of germination, exclusive of hard seed;
(B) The percentage of hard seed, if present; and
(C) The calendar month and year the test was completed to
determine the percentages described in subparagraphs (A) and (B)
of this paragraph; or
(b) The words 'Test is in process, results will be supplied
upon request. '
(10) For those species for which standard germination testing
procedures have not been prescribed by the director, the calendar
year in which the seed was collected.
(11) The name and address of the person who labeled the seed or
the person who sells the seed or who offers or exposes the seed
for sale within this state. + }
SECTION 16. { + (1) A person may not sell, offer for sale,
expose for sale or transport for sale agricultural, vegetable or
tree and shrub seed within this state:
(a) If the seed is subject to the germination requirements of
sections 2 to 15 of this 2007 Act unless, except as otherwise
provided in sections 2 to 15 of this 2007 Act and subsection (2)
of this section, the test to determine the percentage of
germination was completed within a nine-month period, exclusive
of the calendar month in which the test was completed,
immediately prior to sale, offering for sale, exposure for sale
or transportation.
(b) Not labeled in accordance with sections 2 to 15 of this
2007 Act or that has false or misleading labeling.
(c) Pertaining to which there has been false or misleading
advertisement.
(d) Consisting of or containing prohibited noxious weeds,
subject to recognized tolerances.
(e) Consisting of or containing a number of restricted noxious
weed seeds per pound in excess of:
(A) The number allowed by rules adopted by the Director of
Agriculture; or
(B) The number declared.
(f) Containing more than 2.5 percent by weight of all weed
seeds.
(g) If any labeling, advertising or other representation
subject to ORS 633.511 to 633.750 represents the seed to be
certified seed or a class of certified seed unless:
(A) It has been determined by a seed certifying agency, in
compliance with the rules and regulations of the agency
pertaining to that seed, that the seed:
(i) Conformed to standards of purity and identity as to kind,
species, subspecies if appropriate, or variety; and
(ii) If tree seed, was found to be of the origin and elevation
claimed; and
(B) The seed bears an official label issued for the seed by a
seed certifying agency certifying that the seed is of the
specified class and of a specified kind, species, subspecies if
appropriate or variety.
(h) Labeled with a variety name but not certified by an
official seed certifying agency, when it is a variety for which a
United States certificate of plant variety protection under the
Plant Variety Protection Act, 7 U.S.C. 2321 et seq., specifies
sale only as a class of certified seed. However, seed from a
certified lot may be labeled as to variety name when used in a
mixture by, or with the approval of, the owner of the variety.
(2) Subsection (1)(a) of this section does not apply to tree or
shrub seeds or to agricultural or vegetable seeds in hermetically
sealed containers. Agricultural or vegetable seeds packaged in
hermetically sealed containers under the conditions defined by
the director by rule may be sold, offered or exposed for sale or
offered for transportation for a period of 36 months after the
last day of the month that the seeds were tested for germination
prior to packaging. If seeds in hermetically sealed containers
are sold, offered or exposed for sale or offered for
transportation more than 36 months after the last day of the
month in which the seeds were tested prior to packaging, the
seeds must have been retested within a nine-month period,
exclusive of the calendar month in which the retest was
completed, immediately prior to the sale, offering or exposing
for sale or offering for transportation. + }
SECTION 17. { + A person may not:
(1) Detach, alter, deface or destroy any label provided for
under ORS 633.511 to 633.750, or under rules adopted under ORS
633.511 to 633.750, or alter or substitute seed in a manner that
may defeat the purpose of ORS 633.511 to 633.750.
(2) Use relabeling stickers without having both the calendar
month and year the viability test was completed, the 'sell by '
date statement as described in sections 5 (1)(g) or 7 (3) of this
2007 Act and the lot number that matches the existing, original
lot number.
(3) Relabel a container of seeds more than one time in six
months.
(4) Disseminate any false or misleading advertisement
concerning seeds that are subject to ORS 633.511 to 633.750 in
any manner or by any means.
(5) Hinder or obstruct in any way any authorized person in the
performance of duties under ORS 633.511 to 633.750.
(6) Fail to comply with a stop sale order, or to move or
otherwise handle or dispose of any lot of seed held under a stop
sale order or any tags attached to that lot of seed, except with
express permission of the Director of Agriculture and for
purposes specified by the director.
(7) Use the word 'trace' or the phrase 'contains more than 0.01
percent' as a substitute for any statement that is required.
(8) Use the word 'type' in any labeling in connection with the
name of any proprietary agricultural seed variety.
(9) Alter or falsify any seed label, seed test, laboratory
report, record or other document to create a misleading
impression as to the kind, kind of variety, history, quality or
origin of seed. + }
SECTION 18. { + (1) Each person whose name appears on the
label as handling agricultural, vegetable or tree and shrub seeds
that are subject to ORS 633.511 to 633.750 shall:
(a) Keep for a period of two years complete records of each lot
of agricultural, vegetable or tree and shrub seed handled; and
(b) Keep for one year a file sample of each lot of seed after
final disposition of that lot.
(2) All records and samples for seeds described in this section
pertaining to the shipment involved shall be accessible for
inspection by the Director of Agriculture during customary
business hours. + }
SECTION 19. { + (1) The provisions of sections 2 to 17 of this
2007 Act do not apply:
(a) To seed or grain not intended for sowing purposes.
(b) To seed in storage in, or being transported or consigned
to, a cleaning or conditioning establishment for cleaning or
conditioning, provided that:
(A) The invoice or labeling accompanying any shipment of the
seeds bears the statement 'seeds for conditioning'; and
(B) Any labeling or other representation that may be made with
respect to the uncleaned or unconditioned seed shall be subject
to ORS 633.511 to 633.750.
(c) To any carrier in respect to any seed transported or
delivered for transport in the ordinary course of its business,
provided that the carrier is not engaged in producing,
conditioning or marketing seeds subject to the provisions of ORS
633.511 to 633.750.
(2) A person is not subject to the penalties established in
section 24 of this 2007 Act for having sold or offered for sale
seeds subject to ORS 633.511 to 633.750 that were incorrectly
labeled or represented as to kind, species, subspecies if
appropriate, variety or type or origin, elevation or year of
collection if required, and that cannot be identified by
examination of the seed, unless the person has failed to obtain
an invoice, a genuine grower's or tree seed collector's
declaration or other labeling information and to take any other
precautions as may be reasonable to ensure the identity to be
that stated. A genuine grower's declaration of variety shall
affirm that the grower holds records of proof concerning parent
seed, such as invoices and labels.
(3) The provisions of sections 13 to 15 and 18 of this 2007 Act
do not apply to tree seed produced by the consumer. + }
SECTION 20. { + (1) The duty of enforcing, and carrying out
the provisions and requirements of, ORS 633.511 to 633.750 is
vested in the Director of Agriculture and the Dean of the College
of Agricultural Sciences of Oregon State University.
(2) It is the duty of the director:
(a) To sample, inspect and examine seeds subject to the
provisions of ORS 633.511 to 633.750 that are sold, offered for
sale, exposed for sale or transported within this state for
sowing purposes, at times and places and to the extent that the
director may deem necessary to determine whether the seeds are in
compliance with the provisions of ORS 633.511 to 633.750.
(b) To submit seeds described in paragraph (a) of this
subsection to the dean for analysis, testing and examination.
(c) To notify promptly the person who sold seed or who offered
or exposed seed for sale and, if appropriate, the person who
labeled or transported the seed, of any violation, stop sale
order or seizure.
(d) To adopt and amend after due notice and hearing in
accordance with ORS chapter 183:
(A) Rules governing the method of sampling, inspecting, and
examining seeds subject to the provisions of ORS 633.511 to
633.750 and the tolerances to be used and any other rules
necessary to secure the efficient enforcement of ORS 633.511 to
633.750;
(B) A prohibited and restricted noxious weed list;
(C) Rules establishing reasonable standards of germination for
vegetable seeds;
(D) A list of the tree and shrub species subject to the
germination labeling requirements of sections 13 to 15 of this
2007 Act; and
(E) A list of the kinds of vegetable seeds subject to the
vegetable seed germination requirements of sections 2 to 11 of
this 2007 Act.
(3) It is the duty of the dean:
(a) To make analysis of, test and examine seeds subject to the
provisions of ORS 633.511 to 633.750 that are sold, offered for
sale, exposed for sale or transported within this state for
sowing purposes, to determine whether the seeds are in compliance
with sections 2 to 15 of this 2007 Act.
(b) To notify promptly the director of the results of analysis,
testing and examination under this subsection.
(c) To adopt and amend, after due notice and hearing in
accordance with ORS chapter 183, rules governing the method of
analyzing, testing and examining seeds subject to the provisions
of ORS 633.511 to 633.750 and the tolerances to be used and any
other rules necessary to carry out the duties of the dean under
ORS 633.511 to 633.750.
(4) The dean shall maintain and operate facilities and make all
tests for the voluntary inspection and certification of tubers
and horticultural plants. The dean may adopt rules and establish
fees for the voluntary inspection and certification of tubers and
horticultural plants. + }
SECTION 21. { + (1) For purposes of carrying out ORS 633.511
to 633.750, the Director of Agriculture may:
(a) Enter upon any public or private premises during regular
business hours in order to have access to seeds and the records
connected with seeds subject to ORS 633.511 to 633.750 and the
rules adopted under ORS 633.511 to 633.750 and any truck or other
conveyor by land, water or air at any time the conveyor is
accessible for that purpose.
(b) Issue and enforce a written or printed stop sale order to
the owner or custodian of any lot of seed subject to the
provisions of ORS 633.511 to 633.750 that the director finds is
in violation of any of the provisions of ORS 633.511 to 633.750
or rules adopted under ORS 633.511 to 633.750.
(c) Cooperate with the United States Department of Agriculture
and other agencies in seed law enforcement.
(2) An order issued under subsection (1)(b) of this section
shall prohibit further sale, conditioning and movement of the
seed, except upon the approval of the director, until the
director has evidence that the law has been complied with and has
issued a release from the stop sale order of that seed. In
respect to seed that has been denied sale, conditioning and
movement under the stop sale order, the owner or custodian of the
seed may appeal from the order to the circuit court for the
county where the seeds are found for judgment regarding the
justification for the order and for the discharge of the seeds
from the stop sale order prohibiting the sale, conditioning and
movement in accordance with the findings of the court.
(3) Nothing in subsection (1)(b) or (2) of this section limits
the right of the director to proceed as authorized by ORS 633.511
to 633.750.
(4) For purposes of carrying out ORS 633.511 to 633.750, the
Dean of the College of Agricultural Sciences of Oregon State
University may:
(a) Establish, maintain or make provision for seed testing
facilities, employ qualified persons and incur other expenses as
necessary to carry out the duties of the dean under ORS 633.511
to 633.750; and
(b) Make or provide for making purity and germination tests of
seed for farmers and dealers upon request, adopt rules governing
that testing and fix and collect fees for the tests made. Moneys
from fees fixed and collected under this subsection are
continuously appropriated to the dean for the purpose of carrying
out the duties of the dean under ORS 633.511 to 633.750. + }
SECTION 22. { + Any lot of seed not in compliance with the
provisions of ORS 633.511 to 633.750 shall be subject to seizure
on complaint of the Director of Agriculture to a court of
competent jurisdiction in the locality in which the seed is
located. If the court finds the seed to be in violation of ORS
633.511 to 633.750 and orders the condemnation of the seed, the
seed shall be denatured, processed, destroyed, relabeled or
otherwise disposed of as provided by the State Department of
Agriculture by rule. However, the court may not order such a
disposition of the seed without first having given the claimant
an opportunity to apply to the court for the release of the seed
or permission to condition or relabel the seed into conformance
with ORS 633.511 to 633.750. + }
SECTION 23. { + When the Director of Agriculture applies to
any court for a temporary or permanent injunction restraining any
person from violating or continuing to violate any provision of
ORS 633.511 to 633.750 or rules adopted under ORS 633.511 to
633.750, the injunction is to be issued without bond. + }
SECTION 24. { + The State Department of Agriculture may impose
a civil penalty for a violation of ORS 633.511 to 633.750, not to
exceed $100 for a first offense and not to exceed $200 for each
subsequent similar offense. + }
SECTION 25. { + Sections 1 to 24 of this 2007 Act are added to
and made a part of ORS 633.511 to 633.750. + }
SECTION 26. ORS 62.848 is amended to read:
62.848. (1) As used in this section:
(a) 'Parties' or 'party' means seed producers, seed
associations, seed cooperatives or seed dealers that participate
in a state regulatory program described in subsection (2) of this
section.
(b) 'Regulatory program' means a state regulatory program
described in subsection (2) of this section that is actively
supervised by the Director of Agriculture and that authorizes
parties to engage in certain collective bargaining and
negotiations to establish the price of perennial ryegrass seed to
be produced and sold to perennial ryegrass seed dealers in the
future, annual ryegrass seed to be produced and sold to annual
ryegrass seed dealers in the future or tall fescue seed to be
produced and sold to tall fescue seed dealers in the future.
(2)(a) It is the intent of this section and ORS 646.535 (2) and
646.740 (10) to displace competition with regulatory programs in
the perennial ryegrass seed, annual ryegrass seed and tall fescue
seed industries to a limited degree. The regulatory programs are
intended to grant immunity from federal and state antitrust laws
to perennial ryegrass seed, annual ryegrass seed and tall fescue
seed producers and perennial ryegrass seed, annual ryegrass seed
and tall fescue seed dealers for the limited purpose of allowing
the producers and the dealers to bargain collectively and to
arrive at a negotiated price for the sale of seed by the
producers to the dealers. The activities of any party that comply
with the provisions of this section may not be considered to be
in restraint of trade, a conspiracy or combination or any other
unlawful activity in violation of any provision of ORS 646.705 to
646.826 or federal antitrust laws.
(b) A seed cooperative or seed association for perennial
ryegrass seed, annual ryegrass seed or tall fescue seed may
negotiate with one or more dealers, as defined in ORS 646.515, of
perennial ryegrass seed, annual ryegrass seed or tall fescue seed
to establish the price at which members of the cooperative or
association will sell perennial ryegrass seed, annual ryegrass
seed or tall fescue seed to be produced by its members or under
the control of its members. The seed dealers may negotiate the
price of the seed through a committee that sets forth the views
of the dealers and votes on any issues being negotiated as
authorized by this section, including the price of the seed.
(c) The Director of Agriculture is authorized to actively
supervise the conduct of perennial ryegrass seed, annual ryegrass
seed and tall fescue seed agricultural cooperatives organized
under this chapter, representative committees of perennial
ryegrass seed, annual ryegrass seed or tall fescue seed dealers
and any perennial ryegrass seed, annual ryegrass seed or tall
fescue seed associations in establishing the price of perennial
ryegrass seed, annual ryegrass seed or tall fescue seed to be
produced and sold to seed dealers at a future date. The director
is authorized to supervise the negotiations between the parties,
review the prices established by the negotiations and approve the
prices proposed by the parties before the prices take effect. The
director must approve the proposed prices and any adjustments to
previously approved prices before the prices may be implemented.
(d) The director may compel the parties to take whatever action
the director considers necessary to:
(A) Ensure that the parties are engaging in conduct that is
authorized under this section;
(B) Ensure that the policies of this state are being fulfilled
under the regulatory programs; and
(C) Enjoin conduct by any of the parties that is not authorized
by the director or conduct that the director finds does not
advance the interests of this state in carrying out the
regulatory programs.
(e) The Director of Agriculture may adopt rules to carry out
the director's authority under this section.
(f) The director may designate persons as the director deems
necessary to carry out the responsibility of actively supervising
the conduct of the parties, including serving as intermediaries
between prospective parties. Persons designated by the director
must be employees of the State Department of Agriculture.
(g) The director by rule shall set and collect fees from the
parties who are participants in regulatory programs. The fees
shall be deposited in the Department of Agriculture Account
established under ORS 561.150.
(h) The director shall supervise the labeling of perennial
ryegrass seeds, annual ryegrass seeds and tall fescue seeds to
ensure compliance with { - ORS 633.520, 633.531 and 633.541 - }
{ + section 5 of this 2007 Act + }.
SECTION 27. ORS 87.750 is amended to read:
87.750. As used in ORS 87.750 to 87.777, unless the context
otherwise requires:
(1) 'Agricultural producer' means a person that engages in or
has engaged in the business of growing or producing grain for
market or for delivery or transfer to others owning or holding
title to the grain. 'Agricultural producer' includes a landowner,
producer, landlord, tenant, sharecropper or other person who
participates in the growing of grain and receives a share of the
grain.
(2) 'Grain' means wheat, seed corn, corn used for animal feed,
oats, barley, rye, flaxseed, certified alfalfa seed, agricultural
seed as defined in { - ORS 633.511 (1) - } { + section 1 of
this 2007 Act + }, vegetable seed as defined in { - ORS
633.511 - } { + section 1 of this 2007 Act + }, the seed of any
cereal grain, soybeans, grain sorghum, dry beans and dry peas and
any other grain for which standards are established or followed
by the State Department of Agriculture.
(3) 'Inventory' means all grain purchased or received from
agricultural producers, whether in bulk lots or in blended or
packaged form. 'Inventory' does not include the equipment or
supplies of the person holding or owning the grain.
(4) 'Person' means individual, corporation, partnership,
association, joint stock company, business trust, limited
liability company, limited liability partnership, cooperative,
government entity, unincorporated organization or other business
entity.
SECTION 28. ORS 561.144 is amended to read:
561.144. (1) The State Treasurer shall establish a Department
of Agriculture Service Fund which shall be a trust fund separate
and distinct from the General Fund. The State Department of
Agriculture shall deposit all license and service fees paid to it
under the provisions of the statutes identified in subsection (3)
of this section in the Department of Agriculture Service Fund.
The State Treasurer is the custodian of this trust fund which
shall be deposited by the treasurer in such depositories as are
authorized to receive deposits of the General Fund, and which may
be invested by the treasurer in the same manner as authorized by
ORS 293.701 to 293.820.
(2) Interest received on deposits credited to the Department of
Agriculture Service Fund shall accrue to and become a part of the
Department of Agriculture Service Fund.
(3) The license and service fees subject to this section are
those described in ORS 561.400, 570.710, 571.057, 571.063,
571.145, 583.004, 583.046, 583.445, 583.510, 583.610, 585.050,
586.270, 586.580, 586.650, 596.030, 596.311, 599.235, 599.269,
599.406, 599.610, 601.040, 602.090, 603.025, 603.075, 616.706,
618.115, 618.136, 619.031, 621.072, 621.166, 621.266, 621.297,
621.335, 621.730, 622.080, 625.180, 628.240, 632.211, 632.425,
632.600, 632.720, 632.730, 632.741, 632.940, 632.945, 633.015,
633.029, 633.318, 633.362, 633.461, 633.471, { - 633.680, - }
633.700, 633.720, 634.016, 634.116, 634.122, 634.126, 634.132,
634.136, 634.212 and 635.030 { + and section 21 of this 2007
Act + }.
SECTION 29. ORS 561.625 is amended to read:
561.625. Nothing in ORS 561.605 to 561.630, 616.225, 632.485
and { - 633.670 - } { + section 21 of this 2007 Act + } shall
be construed as requiring that a hearing be held in connection
with the seizure or embargoing of illegal or suspected products
or as prohibiting the release, destruction or other disposition
of such products by agreement between the State Department of
Agriculture and the owner or person in possession of such
products.
SECTION 30. ORS 633.690 is amended to read:
633.690. (1) The director may place a quarantine on all
agricultural or vegetable seed entering this state from any
outside source. However, seed labeled in accordance with
{ - ORS 633.520, 633.531 and 633.541 - } { + sections 2 to 15
of this 2007 Act + } 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 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 31. ORS 633.720 is amended to read:
633.720. On application of any person owning or controlling any
lot of seed, the director may draw an official sample of any lot
of such seed for official testing purposes. After dividing the
sample into two approximately equal portions and properly
identifying, labeling and sealing them, the director shall tender
one portion to the applicant and shall send the other portion
directly to the agricultural experiment station for testing. The
experiment station shall report the results of such tests to the
person for whom such sample was drawn, and the person shall pay
for such sampling at rates established by the director, in
accordance with { - ORS 633.680 - } { + section 21 of this
2007 Act + }, and for the seed testing at commercial rates as
established by the dean
{ - in accordance with ORS 633.600 - } .
SECTION 32. ORS 633.992 is amended to read:
633.992. Violation of any of the provisions of { - this
chapter or regulations promulgated thereunder - } { + ORS
633.006 to 633.089 or 633.311 to 633.479 or rules adopted under
ORS 633.006 to 633.089 or 633.311 to 633.479 + } is a
misdemeanor.
SECTION 33. { + ORS 633.511, 633.520, 633.531, 633.541,
633.545, 633.550, 633.561, 633.580, 633.600, 633.620, 633.651,
633.655, 633.660, 633.670, 633.680 and 633.996 are repealed. + }
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