75th OREGON LEGISLATIVE ASSEMBLY--2009 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 551
A-Engrossed
House Bill 2211
Ordered by the House March 27
Including House Amendments dated March 27
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.
Revises language in statutes regulating manufacture,
distribution and registration of fertilizer, agricultural
amendment, agricultural mineral and lime products.
Expands definitions of 'fertilizer' and 'agricultural mineral.'
Changes measure for expression of nitrogen and calcium sulfate.
Specifies density standard for bulk liquids.
Revises label format and content requirements.
Limits time by which product laboratory analysis may precede
submission of analysis to State Department of Agriculture.
Revises provisions regarding department access for inspections.
Allows withholding of licenses and product registrations if
civil penalty remains unpaid.
A BILL FOR AN ACT
Relating to soil enhancing products; creating new provisions; and
amending ORS 633.311, 633.321, 633.331, 633.336, 633.341,
633.351, 633.362, 633.364, 633.366, 633.371, 633.385, 633.445,
633.461, 633.471, 633.476, 633.479 and 633.994.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 633.311 is amended to read:
633.311. As used in ORS 633.311 to 633.479 { - and
633.994 - } :
(1) 'Agricultural amendment' { + :
(a) + } Means a mixed or unmixed synthetic { - organic - }
chemical substance, a chemically or physically modified natural
substance, a naturally occurring substance or a manufacturing
by-product, or
{ - combination thereof - } { + a combination of those
substances or by-products + }, intended { - as a source of
plant food, - } to induce crop yields or plant growth or to
produce any physical { + , microbial + } or chemical change in
the soil. { - ' Agricultural amendment' does not include: - }
{ + (b) Does not mean any of the following: + }
{ - (a) - } { + (A) + } Fertilizer products { + . + }
{ - ; - }
{ - (b) - } { + (B) + } Agricultural mineral
products { + . + } { - ; - }
{ - (c) - } { + (C) + } Lime products { + . + } { - ; - }
{ - (d) - } { + (D) + } Hays { + . + } { - ; - }
{ - (e) - } { + (E) + } Straws { + . + } { - ; - }
{ - (f) - } { + (F) + } Peat { + . + } { - ; - }
{ - (g) - } { + (G) + } Leaf mold { + . + } { - ; - }
{ - (h) - } { + (H) + } Sands { + . + } { - ; - }
{ - (i) - } { + (I) + } Expanded silicates { + . + }
{ - ; - }
{ - (j) - } { + (J) + } Biosolids-derived products, compost
and animal or vegetable manures that are not packaged and do not
contain a grade statement or guaranteed analysis { + . + }
{ - ; - }
{ - (k) - } { + (K) + } Biosolids, domestic septage and
domestic wastewater treatment facility solids regulated under ORS
chapters 468 and 468B { + . + } { - ; and - }
(L) Reclaimed water or treated effluent regulated under ORS
{ - 468.020, - } 468B.010 and 468B.015 { + or rules adopted
under ORS 468.020 + }.
(2) 'Agricultural mineral' { + :
(a) + } Means a mineral substance, mixture of mineral
substances or mixture of mineral and organic substances
containing less than five percent of { - available - } { +
total + } nitrogen (N), available phosphate (P2O5) or soluble
potash (K2O), singly, collectively or in combination, designed
for use principally as a source of plant food, in inducing
increased crop yields or plant growth or producing any
physical { + , microbial + } or chemical change in the soil.
{ - ' Agricultural mineral' does not include: - }
{ + (b) Does not mean any of the following: + }
{ - (a) - } { + (A) + } Fertilizer products { + . + }
{ - ; - }
{ - (b) - } { + (B) + } Agricultural amendment
products { + . + } { - ; - }
{ - (c) - } { + (C) + } Lime products { + . + } { - ; - }
{ - (d) - } { + (D) + } Sand { + . + } { - ; - }
{ - (e) - } { + (E) + } Soil { + . + } { - ; - }
{ - (f) - } { + (F) + } Biosolids-derived products, compost
and animal or vegetable manures that are not packaged and do not
contain a grade statement or guaranteed analysis { + . + }
{ - ; - }
{ - (g) - } { + (G) + } Biosolids, domestic septage and
domestic wastewater treatment facility solids regulated under ORS
chapters 468 and 468B { + . + } { - ; and - }
{ - (h) - } { + (H) + } Reclaimed water or treated effluent
regulated under ORS { - 468.020, - } 468B.010 and
468B.015 { + or rules adopted under ORS 468.020 + }.
(3) 'Available phosphate' means the sum of the water soluble
and citrate soluble phosphate.
(4) 'Bulk' { - or 'bulk sale' is the sale, offering for sale
or delivery of - } { + means + } a fertilizer, agricultural
{ - mineral, agricultural - } amendment { + , agricultural
mineral + } or lime product { + , + } or
{ - of - } a custom mix, { + that is distributed + } in
unpackaged form, such as
{ - in open containers, closed or open tote boxes, - } { +
rail cars, + } closed or open tanks, closed or open trailers,
spreader trucks or other types of containers, vehicles or
conveyances as determined by { + the + } State Department of
Agriculture { + by + } rule.
(5) 'Compost' means a substance derived primarily or entirely
from the decomposition of vegetative or animal organic material
that is { - sold or offered for sale - } { + distributed + }
for the purpose of promoting or stimulating plant growth and to
which no fertilizer, agricultural { - mineral, agricultural - }
amendment { + , agricultural mineral + } or lime product is added
other than to promote decomposition.
(6) 'Custom mix' means a mixture of fertilizer, agricultural
{ - mineral, agricultural - } amendment { + , agricultural
mineral + } or lime product, each lot or batch of which is mixed
according to the specific instructions of or is prescribed for
the special use of the final purchaser.
(7) 'Department' means the State Department of Agriculture.
(8) 'Director' means the Director of Agriculture.
{ + (9) 'Distribute' means to import, consign, sell, offer
for sale, barter, exchange or otherwise facilitate the supplying
of fertilizer, agricultural amendment, agricultural mineral or
lime products. + }
{ - (9) - } { + (10) + } 'Distributor' means a person who
{ - imports, consigns, sells or offers for sale, barters,
exchanges or otherwise facilitates the supply of - } { +
distributes + } fertilizer, agricultural { - mineral,
agricultural - } amendment { + , agricultural mineral + } or
lime { - product - } { + products + }.
{ - (10) - } { + (11) + } 'Fertilizer' { + :
(a) + } Means any substance, or any combination or mixture of
substances, that is designed for use primarily as a source of
plant food, in inducing increased crop yields or plant growth, or
producing any physical { + , microbial + } or chemical change in
the soil, and that contains five percent or more of
{ - available - } { + total + } nitrogen (N), available
phosphate (P2O5) or soluble potash (K2O), singly, collectively or
in combination. { - ' Fertilizer' does not include: - }
{ + (b) Does not mean any of the following: + }
{ - (a) - } { + (A) + } Agricultural { - mineral - }
{ + amendment + } products { + . + } { - ; - }
{ - (b) - } { + (B) + } Agricultural { - amendment - }
{ + mineral + } products { + . + } { - ; - }
{ - (c) - } { + (C) + } Lime products { + . + } { - ; - }
{ - (d) - } { + (D) + } Hays { + . + } { - ; - }
{ - (e) - } { + (E) + } Straws { + . + } { - ; - }
{ - (f) - } { + (F) + } Peat { + . + } { - ; - }
{ - (g) - } { + (G) + } Leaf mold { + . + } { - ; - }
{ - (h) - } { + (H) + } Biosolids-derived products, compost
and
{ - unpackaged - } animal or vegetable manures that { + are
not packaged and + } do not contain a grade statement or
guaranteed analysis { + . + } { - ; - }
{ - (i) - } { + (I) + } Biosolids, domestic septage and
domestic wastewater treatment facility solids regulated under ORS
chapters 468 and 468B { + . + } { - ; and - }
{ - (j) - } { + (J) + } Reclaimed water { - and - } { +
or + } treated effluent regulated under ORS { - 468.020, - }
468B.010 and 468B.015 { + or rules adopted under ORS
468.020 + }.
{ - (11) - } { + (12) + } 'Grade' means the minimum
percentage claimed for { - available - } { + total + }
nitrogen (N), available phosphate (P2O5) or soluble potash (K2O)
stated in the same terms, order and percentages as the guaranteed
analysis.
{ - (12) - } { + (13) + } 'Guaranteed analysis' means the
minimum percentage of the following claimed to be present in a
product:
(a) Primary nutrients;
(b) Secondary nutrients;
(c) Micronutrients;
(d) Neutralizing { - capability - } { + capacity + }; or
(e) Substances claimed to induce crop yields or plant growth or
to produce any physical { + , microbial + } or chemical change in
the soil.
{ - (13) - } { + (14) + } 'Label' means all written,
printed or graphic matter on the immediate container or on a
{ - statement or invoice - } { + separate document + }
accompanying any fertilizer, agricultural
{ - mineral, agricultural - } amendment { + , agricultural
mineral + } or lime product.
{ - (14) - } { + (15) + } 'Labeling' means a printed or
verbal representation used to promote the { - sale - } { +
distribution + } of any fertilizer, agricultural { - mineral,
agricultural - } amendment { + , agricultural mineral + } or
lime product, including but not limited to a representation by
means of:
(a) Brochures;
(b) Posters;
(c) Internet;
(d) Television; and
(e) Radio.
{ - (15) - } { + (16) + } 'Lime' means any substance or
mixture of substances { - whose - } { + having + } calcium
{ - and - } { + or + } magnesium compounds
{ - are - } capable of neutralizing soil acidity.
{ - (16) - } { + (17) + } 'Lime score' means a numerical
expression of the quality of lime, as determined by the
department by rule.
{ - (17) - } { + (18) + } 'Manufacture' means to compound,
produce, granulate, mix, blend, repackage or otherwise alter the
composition of fertilizer, agricultural { - mineral,
agricultural - } amendment { + , agricultural mineral + } or lime
product.
{ - (18) - } { + (19) + } 'Micronutrient' means boron (B),
chlorine (Cl), cobalt (Co), copper (Cu), iron (Fe), manganese
(Mn), molybdenum (Mo), sodium (Na) or zinc (Zn).
{ - (19) - } { + (20) + } 'Official sample' means any
representative sample of product taken by the department or a
representative of the department and designated as official.
{ - (20) 'Package' means any closed container, regardless of
size, but does not mean the receptacle in which bulk product is
sold, offered for sale or delivered. - }
{ + (21) 'Package' means any closed container, regardless of
size, other than the receptacle of a bulk product. + }
{ - (21) - } { + (22) + } 'Percent' or 'percentage' means
percentage by weight.
{ - (22) - } { + (23) + } 'Phosphate' means the amount of
pentavalent phosphorus present in the material calculated as
phosphorus pentoxide (P2O5) and expressed as available phosphate.
{ - (23) - } { + (24) + } 'Primary nutrient' means
{ + total + } nitrogen (N), available phosphate (P2O5) or
soluble potash (K2O).
{ - (24) - } { + (25) + } 'Product' means a readily
distinguishable, individually labeled substance { - containing
fertilizer, agricultural mineral, agricultural amendment or
lime - } .
{ - (25) - } { + (26) + } 'Registrant' means the person who
registers a fertilizer, agricultural { - mineral,
agricultural - } amendment { + , agricultural mineral + } or
lime product under ORS 633.362.
{ - (26) - } { + (27) + } 'Secondary nutrient' means
calcium (Ca), magnesium (Mg) or sulfur (S).
{ + (28) 'Soluble potash' means the portion of potash that is
soluble in aqueous ammonium oxalate, aqueous ammonium citrate or
water. + }
{ - (27) - } { + (29) + } 'Ton' means 2,000 pounds
avoirdupois.
{ - (28) - } { + (30) + } 'Waste-derived product' { + :
(a) + } Means any { + of the following:
(A) + } Fertilizer, agricultural { - mineral,
agricultural - } amendment { + , agricultural mineral + } or lime
product derived in whole or in part from hazardous waste as
defined in ORS 466.005 { - (7) - } or in rules adopted
{ - thereunder, - } { + under ORS 466.015 and 466.020.
(B) + }Solid waste as defined in ORS 459.005 { - (24) - }
or in rules adopted { - thereunder, or - } { + under ORS
459.045.
(C) + } Industrial waste as defined in ORS 468B.005
{ - (2) - } or in rules adopted { - thereunder.
'Waste-derived product' does not include: - } { + under ORS
468B.035.
(b) Does not mean: + }
{ - (a) - } { + (A) + } Biosolids, biosolids-derived
products, domestic septage and domestic wastewater treatment
facility solids regulated under ORS chapters 468 and 468B; or
{ - (b) - } { + (B) + } Reclaimed water or treated effluent
regulated under ORS { - 468.020, - } 468B.010 and
468B.015 { + or rules adopted under ORS 468.020 + }.
SECTION 2. ORS 633.321 is amended to read:
633.321. (1) { - A person may not sell, offer for sale or
distribute fertilizer, agricultural mineral, agricultural
amendment or lime product, in package or in bulk, unless there is
a printed label attached or applied to the package, or, in the
case of bulk sale, a separate document that - } { + A person
may not distribute fertilizer, agricultural amendment,
agricultural mineral or lime products in packaged form unless
there is a printed label attached or applied to the package. A
person may not distribute fertilizer, agricultural amendment,
agricultural mineral or lime products in bulk unless a label in
the form of a separate document + }physically accompanies the
shipment and is furnished to the user or purchaser when each
separate delivery is made, or when the last delivery { + from
the lot + } is made { - of the entire lot or sale thereof - } .
The { - printed - } label must include the following:
(a) The name under which the product is registered or
{ - sold - } { + distributed + }.
(b) The net weight or volume.
(c) The name and mailing address of the manufacturer,
distributor or registrant.
(d) The product grade if primary nutrients are claimed.
{ + (e) The product density, in pounds per gallon at 68
degrees Fahrenheit, if the product is distributed as a bulk
liquid. + }
{ - (e) - } { + (f) + } A guaranteed analysis. The
guaranteed analysis must { + immediately + } follow the
statement, 'GUARANTEED ANALYSIS. ' Guarantees must be based on a
laboratory method of analysis approved by the State Department of
Agriculture. The guaranteed analysis shall be stated on an 'as
is' basis at the time the fertilizer, agricultural { - mineral,
agricultural - } amendment { + , agricultural mineral + } or
lime product is { - offered for sale or - } distributed into or
within this state. Primary nutrients, secondary nutrients and
micronutrients that are claimed or advertised must be
individually guaranteed.
{ - (f) - } { + (g) + } A derivation statement declaring
the sources for all primary { - and - } { + nutrients, + }
secondary nutrients { - , - } { + and + } micronutrients
{ - and non-plant food ingredients - } guaranteed. The
statement must be listed { + immediately + } below the
{ - completed - } guaranteed analysis. Abbreviations, brand
names, trademarks and trade names may not appear in the
derivation statement, but may appear as part of the product name
in an area of the label that is separate from the derivation
statement.
{ - (g) - } { + (h) + } The identity and amount of
ingredients other than primary nutrients, secondary nutrients and
micronutrients that are claimed or advertised. The identity and
amount must be guaranteed and determinable by laboratory methods
approved by the department. The source of { - such - }
{ + those + } ingredients shall be { - placed - }
{ + formatted + } on the label as follows:
_________________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
ALSO CONTAINS NON-PLANT
FOOD INGREDIENT(S):
__
% Humic Acids (Derived from ___
)
__
% Other Determinable Non-Plant
Food Ingredients
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
{ - (h) - } { + (i) + } A unique identifier for custom
mixed products.
{ - (i) - } { + (j) + } An Internet address that leads to a
department website that is accessible to the public and contains
product-specific information. The department shall adopt rules
establishing the date for label compliance and the nature of
product information that must be available through the website.
The information { - , - } { + must be + } accessible by
product name, ingredient or reportable substance { - , - } { +
and + } shall include, at a minimum:
{ - (A) The name of any product identified as waste-derived
in an application for registration as provided in ORS 633.362
(9); - }
{ - (B) The Standard Industrial Classification code of the
facility that generated each waste-derived product or
waste-derived ingredient of a product identified in subparagraph
(A) of this paragraph; and - }
{ - (C) The type and level of metals and other substances
required by the department by rule to be reported for
registration of any product as provided in ORS 633.362 (10). - }
{ + (A) For any product identified in an application for
registration under ORS 633.362 as being waste-derived, the
product name and the Standard Industrial Classification code or
North American Industry Classification System code of each
facility that generated the waste-derived product or any
waste-derived ingredient of the product; and
(B) The types and levels of metals and other substances for
which a statement is required under ORS 633.362 (10) or required
by department rule to be stated in the application for
registration of a product. + }
(2)(a)(A) Primary nutrients that are claimed or advertised must
be guaranteed and { - placed - } { + formatted + } on the
label as follows:
_________________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
GUARANTEED ANALYSIS:
Total Nitrogen (N) __
%
__
% Ammoniacal Nitrogen
__
% Nitrate Nitrogen
{ +
__
% Urea Nitrogen
__
% Slowly Available Water Soluble Nitrogen
__
% Water Insoluble Nitrogen + }
__
% { -
Water Soluble Organic Nitrogen or - }
Other recognized and determinable forms of
Nitrogen
{ -
__
% Water Insoluble Organic Nitrogen or - }
{ -
Water Insoluble Nitrogen - }
Available Phosphate (P2O5)__
%
Soluble Potash (K2O) __
%
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
(B) The guarantees for the forms of nitrogen must add up to the
total nitrogen guarantee and may be shown by { - subscript - }
{ + indentation + }. The forms of nitrogen may be listed in an
order other than the order listed in this subsection.
(b) In addition to guarantees of available phosphate (P2O5) and
soluble potash (K2O), the percentage of phosphorus (P) and
potassium (K) may be shown by indentation { - and subscript - }
{ + or + } as prescribed by the department. Phosphorous acid
(expressed as H3PO3 or PO3) cannot be claimed as a source of
available phosphate.
(c) Unacidulated mineral phosphatic materials, bone { - ,
tankage - } or other phosphatic materials { - shall - } { +
may + } be guaranteed { + and formatted + }on the label as
follows:
_________________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Available Phosphate (P2O5)__
%
__
% Total Phosphate
__
% Insoluble Phosphate
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
(3) The following secondary nutrients and micronutrients that
are claimed or advertised must be guaranteed, { - must - } be
placed on the label in the same order as listed in this
subsection and
{ - must - } immediately follow the guaranteed analysis
{ + for any primary nutrients claimed + }. The guaranteed
analysis of secondary nutrients and micronutrients shall be made
on the elemental basis. When a chelated, water soluble or other
form of plant nutrient is claimed or advertised in addition to
the elemental form of the same secondary nutrient or
micronutrient, the form and percentage must be guaranteed
separately. Except for products defined by the department by
rule, the minimum percentages that may be accepted for
registration are as follows:
_________________________________________________________________
____NOTE_TO_WEB_CUSTOMERS:__________________________________
THE FOLLOWING TABULAR TEXT MAY BE IRREGULAR.
FOR COMPLETE INFORMATION PLEASE SEE THE PRINTED MEASURE.
_______________________________________________________________
Calcium (Ca).........1.0000%
Magnesium (Mg).......0.5000%
Sulfur (S)...........1.0000%
Boron (B)............0.0200%
Chlorine (Cl)........0.1000%
Cobalt (Co)..........0.0005%
Copper (Cu)..........0.0500%
Iron (Fe)............0.1000%
Manganese (Mn).......0.0500%
Molybdenum (Mo)......0.0005%
Sodium (Na)..........0.1000%
Zinc (Zn)............0.0500%
____________________________________________________________
END OF POSSIBLE IRREGULAR TABULAR TEXT
____________________________________________________________
_________________________________________________________________
(4) { - The label for any - } { + If a + } fertilizer,
agricultural amendment, agricultural mineral or lime product
{ - with added - } { + has + } boron greater than 0.1 percent
or { - added - } molybdenum greater than 0.001 percent { + ,
the product label + } must include a warning or cautionary
statement that the product contains { - added - } boron or
molybdenum and is to be used only according to the manufacturer's
recommendations or directions.
(5)(a) If a fertilizer, agricultural { - mineral or
agricultural - } amendment { + or agricultural mineral + }
product is intended to be microbiological inoculum, the label
must include:
(A) A product expiration date;
(B) The number of each viable organism per milliliter for
liquid products or per gram for dry products; and
(C) The identification of each viable organism expressed as
genus and species, and, if applicable, strain.
(b) If a fertilizer, agricultural { - mineral or
agricultural - } amendment { + or agricultural mineral + }
product is derived from a microbiological process or culture but
is not intended to be a microbiological inoculum, the product
label must include a statement that the product is not a viable
culture.
(6) A product ingredient may not be listed, claimed or
guaranteed on the label or labeling without prior approval by the
department.
SECTION 3. ORS 633.331 is amended to read:
633.331. In addition to the { - labeling - } { + label + }
requirements under ORS 633.321, the label for a lime product must
include the following:
(1) The name of the particular form of lime. Forms of lime may
include, but are not limited to, ground limestone, shells, burnt
lime, lime hydrate, sugar lime, residue lime, dolomitic lime,
lime sludge and waste lime.
(2) The guaranteed analysis, stating { + the following + }:
(a) The { - minimum - } percentage of calcium oxide (CaO) or
calcium carbonate (CaCO3) { + . + } { - ; - }
(b) The { - minimum - } percentage of magnesium oxide (MgO)
or magnesium carbonate (MgCO3) { + . + } { - ; - }
(c) The { - minimum - } total neutralizing { - power - }
{ + capacity + } expressed in terms of calcium carbonate
equivalent (CCE) { + . + } { - ; - }
(d) The percentage of product that will pass, respectively, a
100-mesh, 40-mesh, 20-mesh and 10-mesh sieve. The mesh size
declaration may include a declaration of the percentage of
product that will pass additional mesh sizes, but the mesh sizes
specified in this paragraph must be included in the mesh size
declaration { + . + } { - ; - }
(e) The lime score { + . + } { - ; and - }
(f) The maximum moisture content if the moisture content is
more than two percent, expressed in whole numbers as
follows { + : + } { - , - } 'Moisture content does not exceed
___ percent. '
SECTION 4. ORS 633.336 is amended to read:
633.336. In addition to the { - labeling - } { + label + }
requirements under ORS 633.321, the label for an agricultural
amendment must include the following:
(1) A guaranteed analysis that contains the name and percentage
of each substance intended { - to be used as a source of plant
food, - } to induce crop yields or plant growth or to produce
any physical { + , microbial + } or chemical change in the soil,
listed consecutively, followed by the percentage of { - other
substances intended to be - } inert ingredients.
(2) The purpose of the product.
(3) Directions for application.
SECTION 5. ORS 633.341 is amended to read:
633.341. In addition to the { - labeling - } { + label + }
requirements under ORS 633.321, the label for an agricultural
mineral must include the following:
{ - (1) The percentage of sulfur contained in the product if
the principal ingredient of the agricultural mineral is
sulfur. - }
{ - (2) - } { + (1) + } The percentage of calcium sulfate,
{ + expressed as CaSO4 o 2H2O or CaSO4, + } if the product is
gypsum, landplaster or plaster or is an agricultural mineral in
which calcium sulfate
{ - (CaSO4 o 2H2O) - } is the principal ingredient.
{ - (3) - } { + (2) + } The percentage of all ingredients
contained in the product, in terms prescribed by the State
Department of Agriculture, for all other agricultural minerals or
mixtures of agricultural minerals with a principal ingredient
other than
{ - sulfur or - } calcium sulfate.
SECTION 6. ORS 633.351 is amended to read:
633.351. A person may not { - sell or offer for sale - }
{ + distribute + } for agronomic purposes any leather, hair,
wool waste, hoof, horn, urea-formaldehyde condensation products
or similar materials, either singly or in combination, unless the
products or materials have been processed in { - such manner as
to make - } { + a manner that makes + } the plant food content
available in conformity with the standards established by the
State Department of Agriculture, taking into consideration the
standards of activity recommended by recognized experts in the
field.
SECTION 7. ORS 633.362 is amended to read:
633.362. (1) Each separately identifiable fertilizer,
agricultural amendment, agricultural mineral or lime product,
whether in package or in bulk, { - shall - } { + must + } be
registered with the State Department of Agriculture. A person may
not { - sell, offer for sale or - } distribute a fertilizer,
agricultural amendment, agricultural mineral or lime product in
this state { - until - } { + unless + } the fertilizer,
agricultural amendment, agricultural mineral or lime product is
registered with the department.
(2) The application for registration { - shall - } { +
must + } be made on a form or forms provided by the department.
The application for registration { - shall - } { + must + }
include the following information:
(a) Product name and grade;
(b) Product label;
(c) Name and physical address of the registrant;
(d) Mailing address of the registrant;
(e) Product laboratory analysis;
(f) Supplier or suppliers of ingredients;
(g) Identification of the industry, industry process or
industry processes and location of the facility that generated
any waste-derived ingredient or ingredients; and
(h) Other information required by the department by rule.
(3) The application for registration shall be accompanied by a
nonrefundable registration fee established by department rule,
not to exceed $25 annually for each fertilizer, agricultural
amendment, agricultural mineral or lime product. { + In
addition, + } for a waste-derived product, the department shall
{ - also - } charge an annual product evaluation fee. For a
fertilizer, agricultural
{ - mineral or agricultural - } amendment { + , agricultural
mineral or lime + } product, the department may charge a product
evaluation fee if supplementary research and evaluation by the
department is required in order to determine product compliance
with ORS 633.311 to 633.479 { - and 633.994 - } . The
department shall establish product evaluation fees by rule, not
to exceed $50. The department shall review the registration
application form and product label for compliance with ORS
633.311 to 633.479 { - and 633.994 - } . If the department
finds that the application information and product label comply
with ORS 633.311 to 633.479 { - and 633.994 - } , the
department shall issue a certificate of registration to the
registrant.
(4) Certificates of registration shall expire on December 31 of
each year, except that the department may grant a certificate of
registration for two years. Certificates of registration for two
years shall expire on December 31 of the last year in the
two-year period.
(5) The department may assess a $25 late registration fee for a
product if the registrant has not paid the registration fee prior
to the 30th day following the expiration of the certificate of
registration. A late registration fee assessed by the department
under this subsection shall be added to the registration fee
required under subsection (3) of this section and must be paid by
the registrant before the department may issue a certificate of
registration.
(6) The department may require proof of label or labeling
statements or claims of the efficacy and usefulness of an
ingredient prior to issuing a certificate of registration or at
any time deemed necessary by the department. As proof, the
department may request data from the registrant to support the
label or labeling claims. The department may also rely on other
experimental data, data from agricultural experiment stations,
product review evaluations and advice from other authoritative
sources. The data must be from recognized, statistically designed
and analyzed trials conducted by recognized experts in the field.
All supporting data shall be representative of the soil, crops
and climatic conditions found in the northwestern United States.
(7) In evaluating a label or labeling statement, claim or
guarantee, the department may require the submission of a written
statement describing the methodology of the laboratory analysis
used, the source of the ingredient material and any reference
material relied on to support the label or labeling statement,
claim or guarantee. Laboratory analyses submitted in support of
an application for registration must comply with laboratory
methods of analysis approved by the department.
(8) Each registrant shall notify the department of any change
that results in a laboratory analysis that differs from the
laboratory analysis submitted in support of the related
application for registration or any change in sources of product
ingredients declared on the application form. The registrant must
notify the department within 30 days following the change.
(9) The registrant shall identify as 'waste-derived' in the
application for registration any fertilizer, agricultural
amendment, agricultural mineral or lime product that is
waste-derived and distributed as a single ingredient product or
blended with other fertilizer, agricultural amendment,
agricultural mineral or lime products. The application for
registration must identify the industry, the industry process or
processes and the location of the facility that generated the
waste and all ingredients of concern as identified { - and
adopted - } { + by the department + } by rule.
(10) The initial application for registration of a fertilizer,
agricultural amendment, agricultural mineral or lime product must
include a statement of the levels of metals in the product,
including but not limited to arsenic (As), cadmium (Cd), mercury
(Hg), lead (Pb), nickel (Ni) or other metals or substances
identified by the department by rule. The registrant must provide
a laboratory analysis report, in accordance with acceptable
methods required by the department, to verify the levels of
metals or other substances in the product. Subsequent to initial
product registration, { - such analysis shall be provided upon
request by the department. - } { + the registrant shall provide
a laboratory analysis report for the product to the department
upon request. An initial or subsequent laboratory analysis must
have been conducted no more than 18 months prior to submission of
that analysis to the department. + }
(11) The department shall establish by rule the level of metals
or other substances permitted in fertilizer, agricultural
amendment, agricultural mineral and lime products registered with
the department, including but not limited to the permitted levels
of arsenic (As), cadmium (Cd), mercury (Hg), lead (Pb), nickel
(Ni) or other metals or substances identified by the department
by rule for the purpose of protecting humans, animals, water,
aquatic life, soil or beneficial plant life. The department shall
review the permitted level of metals or other substances in
fertilizer, agricultural amendment, agricultural mineral and lime
products a minimum of { + once + } every five years.
(12) Notwithstanding subsection (1) of this section, a custom
mix is not required to be registered if all of the fertilizer,
agricultural amendment, agricultural mineral or lime products
contained in the final product are registered in accordance with
this section.
(13) The department may refuse to register any fertilizer,
agricultural amendment, agricultural mineral or lime product
{ - the sale, offering for sale or distribution of which would
violate any of the provisions - } { + if distribution of the
product would violate a provision + } of ORS 633.311 to 633.479
{ - and 633.994 - } . The registration of each product is a
distinct and separate registration { + . + } { - , and - } The
refusal { + of the department + } to register or reregister any
product does not affect the registration of any other product by
the same person.
SECTION 8. ORS 633.364 is amended to read:
633.364. (1) Information required under ORS 633.362 (2)(f) and
(g) and (6) is exempt from disclosure under ORS 192.410 to
192.505. The State Department of Agriculture may not divulge any
information provided to the department in accordance with ORS
633.362 (2)(f) and (g) and (6).
(2) Notwithstanding subsection (1) of this section, { + the
department may use + } the information required under ORS 633.311
to 633.479 { - and 633.994 may be used by the department - }
for any administrative or enforcement action the department deems
necessary. In addition, the department may:
(a) Accumulate and publish statistics from { - statements - }
{ + semiannual tonnage reports + } required by ORS 633.461 and
633.471 in a manner that does not divulge the business operations
of the person submitting a report;
(b) Consult with the Department of Environmental Quality or
other state or federal agencies in regard to information provided
under ORS 633.362 (2)(f) and (g) to ensure compliance with
applicable regulations; and
(c) Disclose data required under ORS 633.362 (6) to experts for
the purpose of evaluating product data submitted in support of
registration.
SECTION 9. ORS 633.366 is amended to read:
633.366. (1) A person may not:
(a) { - Sell, offer for sale or - } Distribute mislabeled
products;
(b) Register or attempt to register any product using
fraudulent or deceptive practices to evade or attempt to evade
the requirements of ORS 633.311 to 633.479 { - and 633.994 - }
or rules adopted { - thereunder - } { + under ORS 633.311 to
633.479 + };
(c) { - Sell, offer for sale or - } Distribute adulterated
products;
(d) Fail, refuse or neglect to deliver to a { + user or + }
purchaser of a bulk fertilizer, agricultural amendment,
agricultural mineral or lime product a printed label that
complies with ORS 633.321 to 633.341;
(e) { - Sell, offer for sale or - } Distribute a fertilizer,
agricultural amendment, agricultural mineral or lime product that
is not registered with the State Department of Agriculture under
ORS 633.362;
(f) Fail, refuse or neglect to keep or maintain records as
required under ORS 633.461, 633.471 and 633.476 or refuse to make
{ - available such records pursuant to - } { + the records
available under + } ORS 633.385 upon request by the department;
(g) Make false or fraudulent applications, records, invoices or
reports;
(h) Fail, refuse or neglect to provide notification to the
department as required by ORS 633.318 (5) or 633.362 (8);
(i) Fail, refuse or neglect to obtain a manufacturer-bulk
distributor license required under ORS 633.318;
(j) { - Sell, - } { + Distribute, + } use or remove any
product subjected to a stop sale, use or removal order until the
product has been released in accordance with ORS 633.445;
(k) Impede, obstruct, hinder or otherwise prevent or attempt to
prevent the department from the performance of department duties
under ORS 633.311 to 633.479 { - and 633.994 - } ;
(L) Knowingly or intentionally make any false or misleading
representations in connection with the { - sale, offer for sale
or - } distribution of fertilizer, agricultural amendment,
agricultural mineral or lime products;
(m) Fail, refuse or neglect to file a semiannual
{ - statement - } { + tonnage report + } with the department as
required under ORS 633.461 or 633.471; or
(n) Fail, refuse or neglect to pay inspection fees required
under ORS 633.461.
(2) A fertilizer, agricultural amendment, agricultural mineral
or lime product may be considered mislabeled if the label or
labeling:
(a) Is false, misleading or deceptive;
(b) Does not accurately reflect the composition of the product;
(c) Requires warning statements or directions for use that may
be necessary to protect humans, animals, water, aquatic life,
soil or beneficial plant life and { - such - } { + the + }
warning statements or directions are not adequately stated on the
label; or
(d) Does not comply with the requirements of ORS 633.321 to
633.341.
(3) A fertilizer, agricultural amendment, agricultural mineral
or lime product may be considered adulterated if the product:
(a) Contains any deleterious or harmful ingredient in an amount
that is injurious to humans, animals, water, aquatic life, soil
or beneficial plant life when used in accordance with
instructions for product use on the label;
(b) Differs in composition from { - that which is - } { +
the composition + } claimed on the label;
(c) Differs in composition from { - that which is - } { +
the composition + } claimed in the information provided in
accordance with ORS 633.362; or
(d) Contains unwanted crop seed or weed seed.
SECTION 10. ORS 633.371 is amended to read:
633.371. The State Department of Agriculture shall deposit
revenues received under ORS 633.311 to 633.479 and 633.994 in the
Department of Agriculture Service Fund. The revenues { - shall
be - } { + deposited under this section are + } continuously
appropriated to the department for the purpose of administering
and enforcing ORS 633.311 to 633.479 and 633.994.
SECTION 11. ORS 633.385 is amended to read:
633.385. (1) The State Department of Agriculture shall have
access at reasonable times to records, premises, materials or
conveyances as necessary for the purpose of
{ - implementing - } { + administering and enforcing + } ORS
633.311 to 633.479 and 633.994.
(2) The department may { + inspect the records, premises,
materials or conveyances of the manufacturer, distributor or
registrant and may + }take samples of any fertilizer,
agricultural amendment, agricultural mineral or lime product or
other substance
{ - sold, offered for sale or - } { + manufactured, + }
distributed { - into or within - } { + or registered in + }
this state { - at times - } { + , or samples of other
substances, as + } the department deems necessary for the purpose
of { - determining compliance with - } { + administering and
enforcing + } ORS 633.311 to 633.479 and 633.994.
(3) All sampling and analyses of fertilizer, agricultural
amendment, agricultural mineral and lime products { + , or + }
{ + of other substances, + } shall be made according to methods
approved by the department.
{ + (4) The department may obtain a warrant or subpoena to
allow the entry, inspection, sampling or other purposes related
to the administration and enforcement of ORS 633.311 to 633.479
and 633.994. + }
SECTION 12. ORS 633.445 is amended to read:
633.445. (1) When the State Department of Agriculture has
reasonable cause to believe any quantity or lot of fertilizer,
agricultural amendment, agricultural mineral or lime product is
{ - sold, offered for sale, - } stored, used or distributed in
violation of ORS 633.311 to 633.479 { - and 633.994 - } or
rules adopted
{ - thereunder - } { + under ORS 633.311 to 633.479 + }, the
department may, in accordance with ORS 561.605 to 561.620, issue
and enforce a stop sale, use or removal order prohibiting the
disposal, distribution, use or removal of the quantity or lot of
product in any manner. { + The distributor must immediately
remove from locations readily visible or accessible to the public
any product in packaged form that the department places under a
stop sale, use or removal order. + } The department may enforce
the order until all actions against the order, including any
contested case, are resolved or until the department gives
written permission releasing the product for disposal,
distribution, use or removal. The department shall
{ - given - } { + give + } written permission releasing the
product when ORS 633.311 to 633.479 { - and 633.994 - }
{ + and the rules adopted under ORS 633.311 to 633.479 + } are
complied with.
(2) In accordance with ORS 561.605 to 561.620, the department
may seize any quantity or lot of product that the department
determines does not comply with ORS 633.311 to 633.479 { - and
633.994 - } .
SECTION 13. ORS 633.461 is amended to read:
633.461. (1) { - An inspection fee in the amount set forth
under subsection (2) of this section shall be paid to - } { + A
person shall file a semiannual tonnage report with + } the State
Department of Agriculture { - by any person who - } { + if
the person + }:
(a) { - Sells or - } Distributes into this state, from
foreign or domestic sources, a fertilizer, agricultural
{ - mineral or agricultural - } amendment { + or agricultural
mineral + } product used as an ingredient in the in-state
manufacture of a fertilizer, agricultural { - mineral or
agricultural - } amendment { + or agricultural mineral + }
product;
(b) { - Sells or - } Distributes into this state, from
foreign or domestic sources, an end-use fertilizer, agricultural
{ - mineral or agricultural - } amendment { + or agricultural
mineral + } product for use within this state; or
(c) { - Sells or - } Distributes into this state a
fertilizer, agricultural { - mineral or agricultural - }
amendment { + or agricultural mineral + } product { - to the
extent the product is - } composed of ingredients { - for
which an inspection fee was not charged - } { + not
described + } under paragraph (a) or (b) of this subsection.
(2) { + Except as provided in subsection (8) of this
section, + } a person described in subsection (1) of this section
shall pay the department an inspection fee in an amount
established by rule:
(a) Not to exceed $0.45 for each ton of fertilizer,
agricultural { - mineral or agricultural - } amendment { + or
agricultural mineral + } products { - sold or - } distributed,
of which { + , after being advised by the Fertilizer Research
Committee created in ORS 633.479, the department may expend + }
an amount not to exceed $0.25
{ - must be continuously appropriated to the department for the
sole purpose of funding - } { + to fund + } grants for research
and development related to the interaction of fertilizer,
agricultural { - mineral or agricultural - } amendment { + or
agricultural mineral + } products and ground water or surface
water { - as described in ORS 633.479 (1) - } .
(b) Not to exceed $0.05 for each ton of gypsum, land plaster
{ - and each - } { + or an + } agricultural mineral with a
principal ingredient of calcium sulfate (CaSO4 o 2H2O { + or
CaSO4 + } ) { - sold or - } distributed.
{ - (3) Each person responsible for paying an inspection fee
shall file a semiannual statement with the department, on forms
provided by the department, setting forth the total tonnage of
each product distributed into or within the state during each
reporting period. There will be two six-month reporting periods,
January 1 through June 30 and July 1 through December 31 of each
year. Semiannual statements and inspection fees are due within 30
days after the end of each reporting period. - }
{ + (3) Each person shall file a semiannual tonnage report
required by subsection (1) of this section with the department,
on forms provided by the department, setting forth the total
tonnage of each product distributed into or within this state
during the reporting period. The reporting periods for each year
are January 1 through June 30 and July 1 through December 31.
Semiannual tonnage reports and inspection fees are due within 30
days after the end of the reporting period. + }
(4) Notwithstanding ORS 633.362, the department may suspend or
deny registration of a product until the { - statement - }
{ + semiannual tonnage report + } is filed and the inspection
fee is paid as required under this section.
{ - (5) If a person required to file a semiannual statement
under subsection (3) of this section does not sell or distribute
any fertilizer, agricultural amendment or agricultural mineral
product during a reporting period, the person shall file a
statement declaring that no sales or distribution occurred. - }
{ + (5) If a person described in subsection (1) of this
section does not distribute any fertilizer, agricultural
amendment or agricultural mineral product into or within this
state during a reporting period, the person shall file a
semiannual tonnage report declaring that no distribution
occurred. + }
(6) If a person required to file a semiannual
{ - statement - } { + tonnage report + } or pay an inspection
fee does not file the
{ - statement - } { + report + } or pay the fee within 30
days of the due date established by the department { + : + }
{ - , - }
{ + (a) + } The department may assess a collection fee of 10
percent of the amount due or $25, whichever is greater { + ; + }
{ - , - } and
{ + (b) + } The department may withhold registration of the
product until the report is filed and the fee is paid.
(7) A person required to file a semiannual { - statement - }
{ + tonnage report + } under { - subsection (3) of - } this
section shall maintain records and a bookkeeping system that
accurately indicate the tonnage of fertilizer, agricultural
{ - mineral or agricultural - } amendment { + or agricultural
mineral + } product that is subject to
{ - annual - } inspection fees. { - Such records shall be
maintained for a period of three years. The department may
examine such records to verify the reported annual inspection
fees related to the amounts of product sold or distributed in
this state. - } { + The person shall maintain the records for a
period of three years. + }
(8) { + The department may not assess + } inspection fees
{ - may not be assessed - } on any fertilizer, agricultural
{ - mineral or agricultural - } amendment { + or agricultural
mineral + } product in commercial transit that is not intended
for use or final distribution in this state.
(9) { - The provisions of - } ORS 561.450 { - apply - }
{ + applies + } to a person who refuses to pay inspection fees
due to the department under this section.
(10) { - In the case of - } { + If there are + } duplicate
inspection fee payments, an { + + }application { + made
+ }for { + a + } refund must be { - made - } on forms
provided by the department and submitted to the department within
180 days of the alleged overpayment.
{ + (11) If the inspection fees due under a semiannual
tonnage report are $5 or less, the person is not required to pay
the inspection fees due under that report. However, a person
exempted from paying inspection fees must still file the
semiannual tonnage report. + }
SECTION 14. ORS 633.471 is amended to read:
633.471. (1) A { + person shall file a + } semiannual
{ - statement shall be filed - } { + tonnage report + }with
the State Department of Agriculture { - by any person who - }
{ + if the person + }:
(a) { - Sells or - } Distributes into this state, from
foreign or domestic sources, lime products used as an ingredient
in the in-state manufacture of a fertilizer, agricultural
amendment, agricultural mineral or lime product;
(b) { - Sells or - } Distributes into this state, from
foreign or domestic sources, end-use lime products for use within
this state; or
(c) { - Sells or - } Distributes into this state a lime
product composed of ingredients not described under paragraph (a)
or (b) of this subsection.
{ - (2) Each person required to file a statement under this
section shall file a semiannual statement with the department.
The statement shall set forth the total tonnage of lime product
sold or distributed into this state during the filing period.
There will be two six-month reporting periods, January 1 through
June 30 and July 1 through December 31 of each year. Semiannual
statements are due within 30 days after the end of each reporting
period. - }
{ - (3) If a person required to file a semiannual statement
under subsection (1) of this section does not sell or distribute
lime products during a reporting period, the person shall file a
statement declaring that no sales or distribution occurred. - }
{ + (2) A semiannual tonnage report filed under this section
shall set forth the total tonnage of lime product distributed
into or within this state during the reporting period. The
reporting periods for each year are January 1 through June 30 and
July 1 through December 31. Semiannual tonnage reports are due
within 30 days after the end of each reporting period.
(3) If a person described in subsection (1) of this section
does not distribute lime products into or within this state
during a reporting period, the person shall file a semiannual
tonnage report declaring that no distribution occurred. + }
(4) If a person does not file a semiannual { + tonnage + }
report required under this section, the department may assess a
collection fee of $25.
(5) A person required to file a semiannual { - statement - }
{ + tonnage report + } under this section shall maintain
records and a bookkeeping system that accurately indicate the
tonnage of lime product { - sold or - } distributed into this
state. { - Such records shall be maintained for a period of - }
{ + The person shall maintain the records for + }three years.
SECTION 15. ORS 633.476 is amended to read:
633.476. (1) A person mixing or { - selling - } { +
distributing + } a custom mix of fertilizer, agricultural
amendment, agricultural mineral or lime products shall keep for a
period of at least three years after mixing a record showing:
(a) The name and address of the purchaser;
(b) The date of mixing;
(c) A unique identifier for each mixture;
(d) The guarantees and information required under ORS 633.321
to 633.341 { - or a list of the registered ingredients showing
the number of pounds and the grade of each ingredient in the
mixture or batch - } ; and
(e) Any other information required by the State Department of
Agriculture.
(2) { - Undelivered - } { + Undistributed + } parts of a
custom mixture or batch shall at all times be identified with the
purchaser's { - name and - } unique identifier.
(3) The { + person mixing or distributing the custom mix shall
make the + } records required by this section { - shall be - }
available for inspection during normal business hours by
{ - either - } the purchaser or the department.
SECTION 16. ORS 633.479 is amended to read:
633.479. (1) There is created the Fertilizer Research Committee
to advise the Director of Agriculture on the funding of grants
for research and development related to the interaction of
fertilizer, agricultural { - mineral and agricultural - }
amendment { + or agricultural mineral + } products and ground
water or surface water. The committee shall consist of
{ - seven - } { + the director or the director's designee and
six + }members appointed by the director as follows:
{ - (a) The Director of Agriculture or the director's
designee; - }
{ - (b) - } { + (a) + } Two members of the public who have
no involvement in the manufacture { - , - } { + or + }
distribution { - or sale - } of fertilizer, agricultural
{ - mineral or agricultural - } amendment { + or agricultural
mineral + } products;
{ - (c) - } { + (b) + } Three members representing the
fertilizer, agricultural { - mineral or agricultural - }
amendment { + or agricultural mineral + } industry; and
{ - (d) - } { + (c) + } One member representing Oregon
State University.
(2) The term of each { + appointed + } member is two years,
but a member serves at the pleasure of the director. Before the
expiration of the term of a member, the director shall appoint a
successor whose term begins on January 1 next following. A member
is eligible for reappointment. If there is a vacancy for any
cause, the director shall make an appointment to become
immediately effective for the unexpired term.
(3) The committee shall select one of its members as
chairperson and another as vice chairperson, for such terms and
with duties and powers { + the committee determines to be
+ }necessary for the performance of the functions of
{ - such - } { + those + } offices { - as the committee
determines - } .
(4) A majority of the members of the committee constitutes a
quorum for the transaction of business.
(5) The committee shall meet at times and places specified by
the call of the chairperson or of a majority of the members of
the committee.
(6) The director may appoint an alternate committee member for
each member of the committee.
SECTION 17. ORS 633.994 is amended to read:
633.994. (1) In addition to any other liability or penalty
provided by law, { + the State Department of Agriculture may
assess a civil penalty against + }a person that violates a
provision of ORS 633.311 to 633.479 { - and 633.994 or rules
adopted thereunder may be subject to a civil penalty of not - }
{ + or rules adopted under ORS 633.311 to 633.479. The civil
penalty may not be + }more than:
(a) $500 for the first violation within a three-year period;
(b) $1,500 for the second violation within a three-year period;
and
(c) $10,000 for each subsequent violation within a three-year
period.
{ - (2) Enforcement guidance for civil penalty implementation
consistency will be determined by rule. - }
{ + (2) The department shall adopt rules that determine
guidelines for ensuring consistency in the assessment of civil
penalties. + }
(3) Notwithstanding subsection (1) of this section,
{ - any - } { + for a + } violation that arises from gross
negligence or willful misconduct { + , + } { - and - } { + or
that + } results in substantial harm to human health or the
environment { + , + } { - may be subject to - } { + the
department may assess + } a civil penalty of not more than
$10,000 for the initial violation or any subsequent violation.
(4) Each violation of a provision of ORS 633.311 to 633.479
{ - and 633.994 - } that results from an action is a separate
and distinct violation. { - A continuing violation may be
deemed a separate and distinct violation for each day's continued
violation. - } { + The department may deem each day of a
continuing violation to be a separate and distinct violation. + }
(5) A civil penalty { - imposed under ORS 633.311 to 633.479
and 633.994 - } { + assessed under this section + } may be
remitted or reduced upon { - such - } terms and conditions
{ - as - } { + that + } the Director of Agriculture considers
proper and consistent with the public health and safety.
{ + (6) If a civil penalty assessed under this section
remains unpaid after the issuance of the final order, the
department may, until the civil penalty is paid in full:
(a) Refuse to issue the recipient of the final order a
certificate of registration under ORS 633.311 to 633.479 for a
product; and
(b) Withhold from the recipient of the final order the issuance
or renewal of a license under any program administered by the
department. + }
SECTION 18. { + (1) The amendments to ORS 633.311, 633.321,
633.331, 633.336, 633.341 and 633.351 by sections 1 to 6 of this
2009 Act apply to fertilizer, agricultural amendment,
agricultural mineral and lime products manufactured or
distributed on or after the effective date of this 2009 Act.
(2) The amendments to ORS 633.362 and 633.364 by sections 7 and
8 of this 2009 Act apply to fertilizer, agricultural amendment,
agricultural mineral and lime products that are distributed in
this state on or after the effective date of this 2009 Act or for
which an application for registration is filed on or after the
effective date of this 2009 Act.
(3) The amendments to ORS 633.445 by section 12 of this 2009
Act apply to orders of the State Department of Agriculture issued
on or after the effective date of this 2009 Act.
(4) The amendments to ORS 633.461 and 633.471 by sections 13
and 14 of this 2009 Act apply to reports due for filing with the
State Department of Agriculture on or after the effective date of
this 2009 Act.
(5) The amendments to ORS 633.994 by section 17 of this 2009
Act apply to civil penalties assessed under final orders issued
on or after the effective date of this 2009 Act. + }
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