Chapter 633 — Grades,
Standards and Labels for Feeds, Soil Enhancers and Seeds
2011 EDITION
FEEDS, SOIL ENHANCERS AND SEEDS
FOOD AND OTHER COMMODITIES
COMMERCIAL ANIMAL FEEDS
633.006 Definitions
for ORS 633.006 to 633.089
633.015 Registration
of commercial feed required; rules; exemption; fee
633.026 Labeling
requirements for commercial feed; exemptions; rules
633.028 Information
required to accompany custom mixed feed; rules; records
633.029 License
required for animal feed manufacturers and distributors; fee; exemption; rules
633.037 Records
required of licensees; records inspection by department
633.045 Adulterated
commercial feeds prohibited; rules
633.055 Misbranding
commercial feed prohibited; rules
633.065 Department
to test commercial feeds
633.067 Commercial
feed law administration and enforcement; rules
633.077 Testing
and analysis of bulk commercial feed and custom mixed feed; disclosure of test
or analysis results
633.083 Cooperation
with governmental units
633.088 Withdrawal
from distribution of feeds sold or distributed in violation of law; seizure of
noncomplying feeds
633.089 Disposition
of moneys received by department
FERTILIZERS AND OTHER SOIL-ENHANCING
PRODUCTS
633.311 Definitions
for ORS 633.311 to 633.479
633.315 Applicability
of ORS 633.311 to 633.479 and 633.994
633.318 Licensing
of manufacturers and bulk distributors; application; fee; change of location;
rules
633.321 Label
requirements for fertilizer, agricultural amendment, agricultural mineral and
lime products; rules
633.331 Additional
label requirements for lime products
633.336 Additional
label requirements for agricultural amendment
633.341 Additional
label requirements for agricultural mineral
633.344 Label
guarantees of additional plant nutrients
633.351 Distribution
of animal by-products
633.362 Registration
of fertilizer, agricultural amendment, agricultural mineral and lime products;
application; fee; expiration; product contents; rules
633.364 Confidentiality
of certain information supplied in application for registration; permissible
use of information
633.366 Prohibitions;
mislabeled products; adulterated products
633.371 Disposition
of revenues
633.385 Department
access; inspection; sampling of products
633.388 Reports
of official sample
633.441 Rules
633.445 Orders
preventing sale or other disposition of product; seizure
633.461 Tonnage
reports; fees; rules; records
633.471 Lime
product tonnage reports; fee; records
633.476 Record
keeping for custom mix products; product identification; records inspection
633.479 Fertilizer
Research Committee
SEEDS
633.511 Definitions
for ORS 633.511 to 633.750
633.520 Labeling
agricultural seed or bulk flower seed
633.531 Labeling
vegetable or flower seed weighing one pound or less
633.541 Labeling
vegetable seed weighing more than one pound
633.545 Labeling
bins and bulk displays
633.550 Exemptions
from labeling provisions
633.561 Preparation
of list of prohibited noxious weed seeds and restricted noxious weed seeds
633.571 Changes
in lists; publication of changes
633.580 Seed
testing laboratory; cooperative agreements with federal agency
633.600 Fees
for seed tests; rules and regulations
633.610 Seed
testing fund
633.620 Certification
of seeds, tubers and plants; fees; rules
633.630 Certification
fund
633.640 Dean
may employ assistants
633.651 Prohibited
acts
633.655 When
penalties not applicable
633.660 Enforcement
and administration
633.670 Inspection
and sampling of seeds; seizure of seeds; report of inspection work
633.680 Establishment
of standards of germination; rules and regulations; fees and charges
633.690 Quarantine
of seed entering state; disposition of nonconforming seed
633.700 Retailer
and wholesaler licenses; exemption; rules; fees
633.720 Sampling
and testing on request of owner of seed
633.750 Disposition
of fees and charges paid under ORS 633.511 to 633.750
PENALTIES
633.992 Criminal
penalties
633.994 Civil
penalties for fertilizer law violations; rules; failure to pay penalty in full
633.996 Civil
penalty for seed law violation
COMMERCIAL ANIMAL FEEDS
633.005 [1961
c.314 §1; repealed by 1967 c.591 §1 (633.006 enacted in lieu of 633.005)]
633.006 Definitions for ORS 633.006 to
633.089. As used in ORS 633.006 to 633.089,
unless the context requires otherwise:
(1)
“Animal feed manufacturing plant” means:
(a)
Any business, establishment, building, plant or place where commercial feed for
animals is manufactured, mixed, processed or packed.
(b)
Vehicles used in transporting commercial feed or components or ingredients
thereof, machinery, equipment, utensils, implements, or other items, articles
or materials used in the business or operation.
(c)
The ground upon which the operation or business is carried out and other ground
not adjacent thereto that is a part of the business or operation under the same
entity or ownership.
(2)
“Brand” means any word, name, symbol or device or any combination thereof
identifying and distinguishing the commercial feed of a distributor from the
feed of other distributors.
(3)
“Bulk” is the sale, offering or exposing for sale or delivery of commercial
feeds, in:
(a)
Open containers, closed or open tote boxes, closed or open tanks, closed or
open trailers, all of which may be further described or defined by the State
Department of Agriculture; or
(b)
Other types of containers, vehicles or conveyances defined or recognized by the
department.
(4)
“Commercial feed” means any material that is distributed for use as feed, or as
a feed ingredient for mixing in feed for animals, or any feed additive
concentrate, feed additive supplement, feed additive premix, or premix, except:
(a)
Unmixed seeds, whole or processed, that are made directly from the entire seed
and are not used to manufacture wild bird feed.
(b)
Hay, straw, stover, cobs, husks, screenings and hulls, when unground or unmixed
with other materials.
(c)
Feed for dogs, cats, birds or fish maintained as household pets.
(d)
Silage, or materials containing at least 60 percent water.
(e)
Individual chemical compounds not mixed with other materials. This exemption,
however, does not cover or extend to phosphate, urea or ammonium compounds that
are recommended for animal feeding purposes.
(5)
“Contract feeder” means an independent contractor or other person who feeds
commercial feed to another person’s animals pursuant to an oral or written
agreement whereby the commercial feed is distributed to the contractor or other
person by any distributor and whereby the contractor or other person’s
remuneration is determined all or in part by feed consumption, mortality,
profits or amount or quality of animals produced. “Contract feeder” does not
include a bona fide employee of a manufacturer or distributor of commercial
feed.
(6)
“Custom mixed feed” means any mixture of materials, substances or ingredients
described or set forth under the definition of commercial feed, each lot of
which is mixed according to the specific instructions of, or prescribed for the
specific use of, the final consumer.
(7)
“Department” means the State Department of Agriculture.
(8)
“Distribute” means to offer for sale, sell or barter commercial feed or to
supply, furnish or otherwise provide commercial feed to a contract feeder.
(9)
“Distributor” means a person who distributes commercial feed.
(10)
“Drug” means any substance:
(a)
Intended or represented for the cure, mitigation, treatment or prevention of
disease of animals;
(b)
Intended to affect the structure of any function of the body of an animal; or
(c)
So defined by rule of the department.
(11)
“Feed ingredient” means each of the constituent materials making up a
commercial feed.
(12)
“Final consumer” means a person that feeds animals that are under the control
or ownership of that person.
(13)
“Ground” means a condition resulting from crushing, rolling, chopping or
grinding.
(14)
“Label” means a display of written, printed or graphic matter placed on or
affixed to the container in which a commercial feed is distributed, or on the
invoice or delivery slip with which a commercial feed is distributed.
(15)
“Manufacture” means to grind, chop, crush, roll, cube, flake, extrude, cook,
pelletize, mix or otherwise process feed ingredients.
(16)
“Mineral feed” means a substance or mixture of substances designed or intended
to supply primarily mineral elements or inorganic nutrients.
(17)
“Official sample” means any sample of feed taken by the department and
designated as “official” by the department.
(18)
“Percent” or “percentage” means percentage by weight.
(19)
“Sell” or “sale” includes exchange.
(20)
“Wild bird feed” means a commercial feed marketed for noncaptive undomesticated
avians. [1967 c.591 §2 (enacted in lieu of 633.005); 1973 c.342 §2; 1979 c.116 §1;
1995 c.79 §322; 2001 c.137 §4; 2007 c.282 §1]
633.010
[Repealed by 1961 c.314 §12]
633.011 [1967
c.591 §10; repealed by 1971 c.489 §11]
633.015 Registration of commercial feed
required; rules; exemption; fee. (1) A person
may not distribute a nonregistered commercial feed. Except as provided in
subsections (2), (5) and (6) of this section, every brand, and each formula or
formulation thereof, of commercial feeds manufactured, compounded, delivered or
distributed in this state must be registered with the State Department of
Agriculture. The distributor must submit an application for registration on
forms furnished by the department. If the department so requests, the
distributor must submit the label or a facsimile of the label and other printed
matter describing the product. Upon approval by the department, a certificate
of registration shall be furnished to the distributor. All registrations expire
on December 31 of each year or on such date as may be specified by department
rule. The application must include the information required by ORS 633.026
(1)(a) to (f) and such other information as the department may require.
(2)
A distributor is not required to register any brand of commercial feed that has
been registered under ORS 633.006 to 633.089 by another person.
(3)
Changes in the guarantee of either chemical or ingredient composition of a
registered commercial feed may be permitted, if there is satisfactory evidence
that such changes would not result in a lowering of the feeding value of the
product for the purpose for which designed.
(4)
The department may refuse registration of any commercial feed if the
application is not in compliance with the provisions of ORS 633.006 to 633.089.
The department may cancel any registration subsequently found not to be in
compliance with any provision of ORS 633.006 to 633.089. The department shall
give the registrant reasonable opportunity to be heard before the department
and to amend the application in order to comply with the requirements of ORS
633.006 to 633.089.
(5)
Custom mixed feeds are exempt from registration.
(6)
Wild bird feed consisting of unmixed seeds is exempt from registration.
(7)
Each application for registration must be accompanied by a fee to be
established by the department not to exceed $20 for each formula or formulation
of commercial feed under each brand. [1961 c.314 §2; 1967 c.591 §3; 1971 c.489 §1;
2001 c.137 §5; 2007 c.71 §192; 2007 c.282 §2; 2007 c.768 §36]
633.020
[Repealed by 1961 c.314 §12]
633.025 [1961
c.314 §3; 1967 c.591 §3a; 1971 c.489 §2; 1979 c.116 §2; repealed by 2001 c.137 §9]
633.026 Labeling requirements for
commercial feed; exemptions; rules. (1) Except as
provided in subsection (3) of this section, commercial feed must have a label
bearing the following information:
(a)
The product name and the brand name, if any, under which the feed is distributed.
(b)
The guaranteed analysis stated in such terms as the State Department of
Agriculture, by rule, determines are required to advise the user of the
composition of the feed or to support claims made in the labeling. The
substances or elements of the feed must be determinable by laboratory methods
approved by department rule. In approving laboratory methods, the department
may consider methods listed in publications of AOAC International, formerly the
Association of Official Analytical Chemists.
(c)
The common or usual name of each ingredient used in the manufacture of the
feed. The department, by rule, may permit the use of a collective term for a
group of ingredients that perform a similar function. The department, by rule,
may exempt a commercial feed or any group of feeds from the ingredient
statement requirement if the department determines that a statement is not
required to protect the interests of consumers.
(d)
Adequate directions for use if the feed contains drugs or if the department, by
rule, determines that directions are necessary for safe and effective use.
(e)
Precautionary statements that the department, by rule, determines to be
necessary for safe and effective use of the feed.
(f)
The name and principal mailing address of the manufacturer or the distributor.
(g)
A quantity statement.
(2)
A person that distributes commercial feed in bags or other containers shall
ensure that the label required by this section is placed on or affixed to the
container. If the feed is distributed in bulk, the distributor shall ensure
that the label accompanies the delivery and is furnished to the purchaser upon
delivery.
(3)
Subsections (1) and (2) of this section do not apply to:
(a)
Custom mixed feed.
(b)
Wild bird feed consisting of unmixed seeds.
(c)
A commercial feed that does not contain a drug and is distributed by filling,
in the presence of the purchaser, from retail bins or other retail bulk display
containers that are labeled as required under this section. [2001 c.137 §2;
2007 c.282 §3]
633.027 [1967
c.591 §9; repealed by 2001 c.137 §9]
633.028 Information required to accompany
custom mixed feed; rules; records. (1) A custom
mixed feed delivered to a final consumer must be accompanied by at least one
label, invoice, delivery slip or other shipping document that bears all of the
following information:
(a)
The name and principal mailing address of the manufacturer.
(b)
The name and address of the final consumer.
(c)
The date of delivery.
(d)
The quantity delivered.
(e)
Adequate directions for use if the custom mixed feed contains drugs or if the
State Department of Agriculture, by rule, determines that directions are
necessary for safe and effective use of the feed.
(2)
If the custom mixed feed contains drugs, the label, invoice, delivery slip or
other shipping document referred to in subsection (1) of this section must bear
the following information in addition to the information required under
subsection (1) of this section:
(a)
A statement of the claimed purpose of the drugs;
(b)
The established name of each active drug ingredient; and
(c)
The level of each drug used in the final mixture.
(3)
If a custom mixed feed is delivered to a final consumer in bags or other
containers, each container must be labeled with the name of the final consumer
or with the order number. If a custom mixed feed is delivered in bulk, the name
of the final consumer or the order number must be printed on each delivery
ticket or on a label attached to each delivery ticket.
(4)
A person that distributes a custom mixed feed to a final consumer shall ensure
that all labels, invoices, delivery tickets or other shipping documents
required by this section accompany the custom mixed feed.
(5)
Upon request, a distributor shall provide a final consumer with the information
required by this section, including but not limited to the name and number of
pounds of each ingredient or commercial feed used in the custom mixed feed. A
seller shall maintain records adequate to derive the information required by
this subsection for two years from the date of sale. The department may inspect
records required under this subsection and any unsold quantities of custom
mixed feed during the seller’s regular business hours. [2001 c.137 §3]
633.029 License required for animal feed manufacturers
and distributors; fee; exemption; rules. (1)(a) A
person may not operate an animal feed manufacturing plant, distribute
commercial feeds other than at retail, be furnished a certificate of
registration of a brand in this state, distribute a custom mixed feed
manufactured for that person, or repackage or relabel a commercial feed
manufactured by another person without having first obtained a license from the
State Department of Agriculture. Application for license must be on forms
prescribed by the department and must be accompanied by a license fee
established by the department, not to exceed $500. All licenses shall expire on
December 31 of each year or on such date as may be specified by department
rule.
(b)
In accordance with the provisions of ORS chapter 183, the department may
promulgate rules designating different license fees for various categories of
persons described in paragraph (a) of this subsection, so as to recognize
differences in types of activities or volumes of business.
(2)(a)
A contract feeder is not subject to the provisions of subsection (1) of this
section, provided no drugs in any form are utilized in the manufacturing,
mixing or processing of the feed. In the event drugs are so utilized, the
contract feeder or other person utilizing the drugs is subject to the
provisions of subsection (1) of this section.
(b)
In accordance with the applicable provisions of ORS chapter 183, the department
shall promulgate rules designating the types or categories of persons described
in paragraph (a) of this subsection to whom this section applies. In
promulgating such rules, the department shall consider:
(A)
The methods of manufacture, mixing or processing of feed used;
(B)
The quantities and kinds of drugs used; and
(C)
The number, ages and kinds of animals to which the feed is to be made
available. [1971 c.489 §7; 1973 c.342 §3; 1979 c.116 §3; 2001 c.137 §6; 2007
c.768 §37]
633.030
[Repealed by 1961 c.314 §12]
633.031 [1967
c.591 §§6,13(2); repealed by 1971 c.489 §11]
633.035 [1961
c.314 §4; repealed by 1967 c.591 §14]
633.037 Records required of licensees;
records inspection by department. A person or
contract feeder who manufactures, mixes or processes feeds in which drugs have
been used so that the person or contract feeder is not exempt from the
provisions of ORS 633.029, shall maintain an accurate record for at least one
year from the date the drugs were so used showing the name or identity of each
drug so used and its level of usage. The State Department of Agriculture is
authorized to inspect the records of such persons to insure compliance with ORS
633.029 and this section. [1967 c.591 §6a; 1973 c.342 §1]
633.040
[Repealed by 1961 c.314 §12]
633.045 Adulterated commercial feeds
prohibited; rules. A person may not distribute an
adulterated commercial feed. A commercial feed is adulterated:
(1)
If any poisonous, deleterious or nonnutritive ingredient is present in the feed
in sufficient amount to render the feed injurious to health when fed in
accordance with directions for use shown on the label.
(2)
If any valuable constituent has been in whole or in part omitted or abstracted
from the feed or any less valuable substance substituted for a valuable
constituent.
(3)
If the composition or quality of the feed falls below or differs from the
composition or quality purported or represented on the feed labeling.
(4)
If the feed contains added hulls, screenings, refuse screenings, straw, cobs or
other high fiber material, unless the name of each material is stated on the label.
(5)
If the feed contains pesticide residues or other chemicals in excess of amounts
that, by rule, the State Department of Agriculture declares safe for feeding
purposes. In adopting rules under this subsection the department may take into
consideration the commonly permitted amounts of chemicals authorized by:
(a)
The United States and other states.
(b)
Other recognized agencies or organizations experienced in the chemical field.
(6)
If the feed contains a drug other than those permitted by rules adopted by the
department. In adopting rules under this subsection, the department shall
consider the current good manufacturing practice regulations for medicated feed
premixes and for medicated feeds established under authority of the Federal
Food, Drug and Cosmetic Act.
(7)
If the feed is wild bird feed and contains viable noxious weed seeds in excess
of amounts established by the department by rule. [1961 c.314 §5; 1971 c.489 §3;
2007 c.282 §4]
633.050
[Repealed by 1961 c.314 §12]
633.055 Misbranding commercial feed
prohibited; rules. A person may not distribute
misbranded commercial feed. A commercial feed is misbranded:
(1)
If its labeling is false or misleading in any particular.
(2)
If it is distributed under the name of another feed.
(3)
If it is not labeled as required by ORS 633.026 and by rules adopted pursuant
to ORS 633.006 to 633.089.
(4)
If it purports to be or is represented as a feed ingredient or as containing a
feed ingredient, unless that feed ingredient conforms to the definition of
identity, if any, prescribed by rule of the State Department of Agriculture. In
adopting rules under this subsection, the department may take into
consideration the commonly accepted definitions approved or authorized by:
(a)
The United States and other states.
(b)
Other recognized agencies or organizations experienced in such matters, such as
the Association of American Feed Control Officials.
(5)
If any word, statement or other information required by ORS 633.006 to 633.089
or by rule of the department to appear on the label is not prominently placed
thereon with such conspicuousness, as compared with other words, statements,
designs or devices in the labeling, and in such terms as to render it likely to
be read and understood by the ordinary individual under customary conditions of
purchase and use. [1961 c.314 §6; 2001 c.137 §7; 2007 c.71 §193]
633.060
[Amended by 1961 c.425 §17; repealed by 1961 c.314 §12]
633.065 Department to test commercial
feeds. (1) It shall be the duty of the State
Department of Agriculture to sample, inspect, make analyses of, and test
commercial feeds distributed within this state, at such times and places and to
such an extent as may be necessary to determine whether or not such feeds are
in compliance with the provisions of ORS 633.006 to 633.089. The department is
authorized to enter upon any public or private premises, including any vehicle
of transport, during regular business hours, in order to have access to
commercial feeds and to records relating to their distribution.
(2)
The methods of sampling and analysis shall be those adopted by the department.
In adopting such methods, the department may take into consideration:
(a)
The methods scientifically developed and described in recognized official
publications such as the Journal of the Association of Official Agricultural
Chemists.
(b)
The methods approved by the United States, other states and other recognized
agencies or organizations experienced in such matters.
(3)
In determining for administrative purposes whether or not a commercial feed is
deficient in any component, the department shall be guided solely by the
official sample as defined in ORS 633.006 and obtained and analyzed as provided
by subsection (2) of this section.
(4)
When inspection and analysis of an official sample indicate that a commercial
feed has been adulterated or misbranded, the results of analysis shall be
forwarded by the department to the registrant. Upon request, within 30 days,
the department shall furnish to the registrant a portion of the sample
analyzed.
(5)
The department may take investigational samples that may be examined otherwise
than by the official method required by this section. For administrative
purposes, only samples taken as directed by subsection (3) of this section may
be used. [1961 c.314 §7; 1967 c.591 §4; 2001 c.104 §247; 2001 c.137 §8; 2007
c.71 §194]
633.067 Commercial feed law administration
and enforcement; rules. The State Department of
Agriculture may promulgate such rules and regulations for commercial feeds as
are necessary for the administration and enforcement of ORS 633.006 to 633.089
and 633.992, including but not limited to additional definitions, licensing
requirements, registration and license fee requirements, labeling requirements,
inspection and enforcement procedures, testing and analysis procedures, and
enforcement of federal commercial feed programs under agreement with federal
agencies. [1971 c.489 §6]
633.070
[Repealed by 1961 c.314 §12]
633.075 [1961
c.314 §§8, 9; part renumbered 633.081; subsection (2) enacted as part of 1967
c.591 §13; repealed by 1971 c.489 §11]
633.077 Testing and analysis of bulk
commercial feed and custom mixed feed; disclosure of test or analysis results.
(1) The State Department of Agriculture shall establish and maintain a
procedure, plan and system whereby a farmer, contract feeder or other person
actually feeding bulk commercial feed or custom mixed feed to animals may
request the department to sample and provide special official testing and
analysis of such feeds. It is the purpose and intent of this section that the
department desires to make its personnel, facilities and laboratories available
to such persons and to determine if such feeds are in compliance with the
provisions of ORS 633.006 to 633.089 or for any other purpose that the
department may determine is reasonable and necessary.
(2)
The department may provide for the obtaining, handling and testing of samples
of bulk commercial feed and custom mixed feed as provided in subsection (1) of
this section, including split sampling thereof with portions of each sample
being made available to the seller and to the contract feeder or person feeding
the feed to animals. Copies of the final results of the tests or analysis,
which shall not be a public record, shall be made available only to the seller
and to the contract feeder or person feeding the feed to animals. [1967 c.591 §8;
2007 c.71 §195]
633.080
[Repealed by 1961 c.314 §12]
633.081
[Formerly part of 633.075; repealed by 1969 c.131 §5]
633.083 Cooperation with governmental
units. The State Department of Agriculture may
cooperate with and enter into contracts and agreements with governmental
agencies of this state, other states, the federal government, county
governments of this state or municipalities in this state, in connection with
the administration of ORS 633.006 to 633.089 and 633.992 and of the provisions
of federal laws or regulations relating to the operation of animal feed
manufacturing plants in Oregon. [1971 c.489 §8]
633.085 [1963
c.212 §2; repealed by 1967 c.591 §12]
633.087 [1967
c.591 §11; repealed by 1971 c.489 §11]
633.088 Withdrawal from distribution of
feeds sold or distributed in violation of law; seizure of noncomplying feeds.
(1) When the State Department of Agriculture has reasonable cause to believe
any quantity or lot of commercial feed is being sold or distributed in
violation of ORS 633.006 to 633.089 or rules promulgated thereunder, it may, in
accordance with ORS 561.605 and 561.620, issue and enforce a written withdrawal
from distribution order, directing the distributor thereof not to dispose of
the quantity or lot of commercial feed in any manner until written permission
is first given by the department. The department shall release the quantity or
lot of commercial feed so withdrawn when said law and rules have been complied
with.
(2)
Any quantity or lot of commercial feed found by the department not to be in
compliance with ORS 633.006 to 633.089 or rules promulgated thereunder, may be
seized by the department in accordance with the provisions of ORS 561.605 to
561.620. [1971 c.489 §9; 2007 c.71 §196]
633.089 Disposition of moneys received by
department. The State Department of Agriculture
shall deposit all fees paid to it under the provisions of ORS 633.006 to
633.089 in the Department of Agriculture Service Fund. Such fees are
continuously appropriated to the department for the purpose of administering
and enforcing such sections. [1967 c.591 §7; 1979 c.499 §30]
633.090
[Repealed by 1961 c.314 §12]
633.100
[Repealed by 1961 c.314 §12]
633.110
[Repealed by 1961 c.314 §12]
633.120
[Repealed by 1961 c.314 §12]
633.130
[Repealed by 1961 c.314 §12]
633.140
[Repealed by 1961 c.314 §12]
633.210
[Repealed by 1961 c.314 §12]
633.220
[Repealed by 1961 c.314 §12]
633.230
[Repealed by 1961 c.314 §12]
633.240
[Repealed by 1961 c.314 §12]
633.250
[Repealed by 1961 c.314 §12]
633.260
[Repealed by 1961 c.314 §12]
633.310
[Amended by 1955 c.235 §1; 1965 c.268 §1; 1977 c.799 §1; repealed by 2001 c.914
§30]
FERTILIZERS AND OTHER SOIL-ENHANCING
PRODUCTS
633.311 Definitions for ORS 633.311 to
633.479. As used in ORS 633.311 to 633.479:
(1)
“Agricultural amendment”:
(a)
Means a mixed or unmixed synthetic chemical substance, a chemically or physically
modified natural substance, a naturally occurring substance or a manufacturing
by-product, or a combination of those substances or by-products, intended to
induce crop yields or plant growth or to produce any physical, microbial or
chemical change in the soil.
(b)
Does not mean any of the following:
(A)
Fertilizer products.
(B)
Agricultural mineral products.
(C)
Lime products.
(D)
Hays.
(E)
Straws.
(F)
Peat.
(G)
Leaf mold.
(H)
Sands.
(I)
Expanded silicates.
(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)
Biosolids, domestic septage and domestic wastewater treatment facility solids
regulated under ORS chapters 468 and 468B.
(L)
Reclaimed water or treated effluent regulated under ORS 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 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.
(b)
Does not mean any of the following:
(A)
Fertilizer products.
(B)
Agricultural amendment products.
(C)
Lime products.
(D)
Sand.
(E)
Soil.
(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)
Biosolids, domestic septage and domestic wastewater treatment facility solids
regulated under ORS chapters 468 and 468B.
(H)
Reclaimed water or treated effluent regulated under ORS 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” means a fertilizer, agricultural amendment, agricultural mineral or lime
product, or a custom mix, that is distributed in unpackaged form, such as 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 distributed for
the purpose of promoting or stimulating plant growth and to which no
fertilizer, agricultural amendment, agricultural mineral or lime product is
added other than to promote decomposition.
(6)
“Custom mix” means a mixture of fertilizer, 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.
(10)
“Distributor” means a person who distributes fertilizer, agricultural
amendment, agricultural mineral or lime products.
(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 total nitrogen
(N), available phosphate (P2O5) or soluble potash (K2O),
singly, collectively or in combination.
(b)
Does not mean any of the following:
(A)
Agricultural amendment products.
(B)
Agricultural mineral products.
(C)
Lime products.
(D)
Hays.
(E)
Straws.
(F)
Peat.
(G)
Leaf mold.
(H)
Biosolids-derived products, compost and animal or vegetable manures that are
not packaged and do not contain a grade statement or guaranteed analysis.
(I)
Biosolids, domestic septage and domestic wastewater treatment facility solids
regulated under ORS chapters 468 and 468B.
(J)
Reclaimed water or treated effluent regulated under ORS 468B.010 and 468B.015
or rules adopted under ORS 468.020.
(12)
“Grade” means the minimum percentage claimed for total nitrogen (N), available
phosphate (P2O5) or soluble potash (K2O)
stated in the same terms, order and percentages as the guaranteed analysis.
(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 capacity; or
(e)
Substances claimed to induce crop yields or plant growth or to produce any physical,
microbial or chemical change in the soil.
(14)
“Label” means all written, printed or graphic matter on the immediate container
or on a separate document accompanying any fertilizer, agricultural amendment,
agricultural mineral or lime product.
(15)
“Labeling” means a printed or verbal representation used to promote the
distribution of any fertilizer, 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.
(16)
“Lime” means any substance or mixture of substances having calcium or magnesium
compounds capable of neutralizing soil acidity.
(17)
“Lime score” means a numerical expression of the quality of lime, as determined
by the department by rule.
(18)
“Manufacture” means to compound, produce, granulate, mix, blend, repackage or
otherwise alter the composition of fertilizer, agricultural amendment,
agricultural mineral or lime product.
(19)
“Micronutrient” means boron (B), chlorine (Cl), cobalt (Co), copper (Cu), iron
(Fe), manganese (Mn), molybdenum (Mo), sodium (Na) or zinc (Zn).
(20)
“Official sample” means any representative sample of product taken by the
department or a representative of the department and designated as official.
(21)
“Package” means any closed container, regardless of size, other than the
receptacle of a bulk product.
(22)
“Percent” or “percentage” means percentage by weight.
(23)
“Phosphate” means the amount of pentavalent phosphorus present in the material
calculated as phosphorus pentoxide (P2O5) and expressed
as available phosphate.
(24)
“Primary nutrient” means total nitrogen (N), available phosphate (P2O5)
or soluble potash (K2O).
(25)
“Product” means a readily distinguishable, individually labeled substance.
(26)
“Registrant” means the person who registers a fertilizer, agricultural
amendment, agricultural mineral or lime product under ORS 633.362.
(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.
(29)
“Ton” means 2,000 pounds avoirdupois.
(30)
“Waste-derived product”:
(a)
Means any of the following:
(A)
Fertilizer, agricultural amendment, agricultural mineral or lime product
derived in whole or in part from hazardous waste as defined in ORS 466.005 or
in rules adopted under ORS 466.015 and 466.020.
(B)
Solid waste as defined in ORS 459.005 or in rules adopted under ORS 459.045.
(C)
Industrial waste as defined in ORS 468B.005 or in rules adopted under ORS
468B.035.
(b)
Does not mean:
(A)
Biosolids, biosolids-derived products, domestic septage and domestic wastewater
treatment facility solids regulated under ORS chapters 468 and 468B; or
(B)
Reclaimed water or treated effluent regulated under ORS 468B.010 and 468B.015
or rules adopted under ORS 468.020. [2001 c.914 §2; 2009 c.97 §1]
633.315 Applicability of ORS 633.311 to
633.479 and 633.994. ORS 633.311 to 633.479 and
633.994 apply only to the extent that they are consistent with ORS chapter 634.
The provisions of ORS 633.311 to 633.479 and 633.994 do not supersede the
provisions of ORS chapter 634. [2001 c.914 §3]
633.318 Licensing of manufacturers and
bulk distributors; application; fee; change of location; rules.
(1) A manufacturer-bulk distributor license issued by the State Department of
Agriculture is required for manufacturers or bulk distributors of registered or
custom mixed fertilizer, agricultural amendment, agricultural mineral or lime
products. A license is required for any business entity described by either or
both of the following conditions:
(a)
Each out-of-state or in-state business entity that distributes fertilizer,
agricultural amendment, agricultural mineral or lime in bulk.
(b)
Each in-state business entity that manufactures any fertilizer, agricultural
amendment, agricultural mineral or lime product in this state.
(2)
An application for a manufacturer-bulk distributor license must be filed on
forms provided by the department and must be accompanied by a nonrefundable
license fee to be determined by rule, not to exceed $50 for each business
entity per year.
(3)
An application for a license must include but not be limited to:
(a)
The name, physical address and mailing address of the business entity main
office and primary contact;
(b)
A list of locations that are in operation for more than 90 days during a
license period; and
(c)
Other information as required by the department to clarify the manufacturer’s
or bulk distributor’s activities or location.
(4)
A manufacturer-bulk distributor license will expire on December 31 of each year
or on such date as may be specified by department rule. A late fee of $25 may
be assessed by the department on or after the 30th day following the expiration
of a license if the license fee has not been paid by the applicant. The late
fee shall be added to the required license fee and must be paid by the
applicant before the department may issue a license to the applicant.
(5)
Within 30 days, each license holder shall report any change to the department
that results in the addition, removal or change of a location. [2001 c.914 §22;
2007 c.768 §38]
633.320
[Amended by 1955 c.235 §2; 1959 c.78 §1; 1965 c.268 §2; 1977 c.799 §2; repealed
by 2001 c.914 §30]
633.321 Label requirements for fertilizer,
agricultural amendment, agricultural mineral and lime products; rules.
(1) 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. The label
must include the following:
(a)
The name under which the product is registered or 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.
(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 amendment, agricultural mineral or lime product is
distributed into or within this state. Primary nutrients, secondary nutrients
and micronutrients that are claimed or advertised must be individually
guaranteed.
(g)
A derivation statement declaring the sources for all primary nutrients,
secondary nutrients and micronutrients guaranteed. The statement must be listed
immediately below the 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.
(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 those ingredients shall be formatted on the label
as follows:
______________________________________________________________________________
ALSO CONTAINS NON-PLANT
FOOD INGREDIENT(S):
___% Humic Acids (Derived from_____)
___% Other Determinable Non-Plant
Food Ingredients
______________________________________________________________________________
(i) A unique identifier for custom mixed
products.
(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) 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 formatted on the label as follows:
______________________________________________________________________________
GUARANTEED ANALYSIS:
Total Nitrogen (N) ___%
___% Ammoniacal Nitrogen
___% Nitrate Nitrogen
___% Urea Nitrogen
___% Slowly Available Water
Soluble Nitrogen
___% Water Insoluble Nitrogen
___% Other recognized and
determinable forms of Nitrogen
Available Phosphate (P2O5) ___%
Soluble Potash (K2O) ___%
______________________________________________________________________________
(B) The guarantees for the forms of
nitrogen must add up to the total nitrogen guarantee and may be shown by
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 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 or other phosphatic materials may be guaranteed and formatted
on the label as follows:
______________________________________________________________________________
Available Phosphate (P2O5) ___%
___% Total Phosphate
___% Insoluble Phosphate
______________________________________________________________________________
(3) The following secondary nutrients and
micronutrients that are claimed or advertised must be guaranteed, be placed on
the label in the same order as listed in this subsection and 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:
______________________________________________________________________________
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%
______________________________________________________________________________
(4) If a fertilizer, agricultural
amendment, agricultural mineral or lime product has boron greater than 0.1
percent or molybdenum greater than 0.001 percent, the product label must
include a warning or cautionary statement that the product contains boron or
molybdenum and is to be used only according to the manufacturer’s
recommendations or directions.
(5)(a) If a fertilizer, 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
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. [2001 c.914 §4; 2009 c.97 §2]
633.330
[Amended by 1955 c.235 §3; 1965 c.268 §3; repealed by 2001 c.914 §30]
633.331
Additional label requirements for lime products.
In addition to the label requirements under ORS 633.321, the label for a lime
product must include the following:
(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 percentage of calcium oxide (CaO)
or calcium carbonate (CaCO3).
(b) The percentage of magnesium oxide
(MgO) or magnesium carbonate (MgCO3).
(c) The total neutralizing 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.
(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.” [2001 c.914 §5; 2009
c.97 §3]
633.335
[1977 c.799 §18; repealed by 2001 c.914 §30]
633.336
Additional label requirements for agricultural amendment.
In addition to the label requirements under ORS 633.321, the label for an
agricultural amendment must include the following:
(1) A guaranteed analysis that contains
the name and percentage of each substance intended to induce crop yields or
plant growth or to produce any physical, microbial or chemical change in the
soil, listed consecutively, followed by the percentage of inert ingredients.
(2) The purpose of the product.
(3) Directions for application. [2001
c.914 §6; 2009 c.97 §4]
633.340
[Amended by 1955 c.235 §4; 1965 c.268 §4; 1997 c.249 §191; repealed by 2001
c.914 §30]
633.341
Additional label requirements for agricultural mineral.
In addition to the label requirements under ORS 633.321, the label for an
agricultural mineral must include the following:
(1) The percentage of calcium sulfate,
expressed as CaSO4• 2H2O or CaSO4, if the
product is gypsum, landplaster or plaster or is an agricultural mineral in
which calcium sulfate is the principal ingredient.
(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 calcium sulfate. [2001 c.914 §7;
2009 c.97 §5]
633.343
[1965 c.268 §6; repealed by 2001 c.914 §30]
633.344
Label guarantees of additional plant nutrients.
In addition to the guarantees of plant nutrients required by ORS 633.321, label
guarantees of other plant nutrients may be made from a list approved by the
State Department of Agriculture. [2001 c.914 §8]
633.345
[1965 c.268 §5; repealed by 2001 c.914 §30]
633.350
[Amended by 1965 c.268 §9; repealed by 2001 c.914 §30]
633.351
Distribution of animal by-products. A person may
not 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 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. [2001 c.914 §9; 2009 c.97 §6]
633.360
[Repealed by 1955 c.235 §13]
633.361
[1955 c.235 §12; 1965 c.268 §10; 1977 c.799 §3; repealed by 2001 c.914 §30]
633.362
Registration of fertilizer, agricultural amendment, agricultural mineral and
lime products; application; fee; expiration; product contents; rules.
(1) Each separately identifiable fertilizer, agricultural amendment,
agricultural mineral or lime product, whether in package or in bulk, must be
registered with the State Department of Agriculture. A person may not
distribute a fertilizer, agricultural amendment, agricultural mineral or lime
product in this state unless the fertilizer, agricultural amendment,
agricultural mineral or lime product is registered with the department.
(2) The application for registration must
be made on a form or forms provided by the department. The application for
registration 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 charge an annual product evaluation fee. For a fertilizer,
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. 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.
If the department finds that the application information and product label
comply with ORS 633.311 to 633.479, 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 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, 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 if
distribution of the product would violate a provision of ORS 633.311 to
633.479. The registration of each product is a distinct and separate
registration. The refusal of the department to register or reregister any
product does not affect the registration of any other product by the same
person. [2001 c.914 §10; 2009 c.97 §7]
633.364
Confidentiality of certain information supplied in application for
registration; permissible use of information. (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 for any administrative or enforcement action the department deems
necessary. In addition, the department may:
(a) Accumulate and publish statistics from
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. [2001 c.914 §23; 2009 c.97 §8]
633.366
Prohibitions; mislabeled products; adulterated products.
(1) A person may not:
(a) 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 or rules adopted under ORS 633.311
to 633.479;
(c) 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) 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 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) 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;
(L) Knowingly or intentionally make any
false or misleading representations in connection with the distribution of
fertilizer, agricultural amendment, agricultural mineral or lime products;
(m) Fail, refuse or neglect to file a
semiannual 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 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 the
composition claimed on the label;
(c) Differs in composition from the
composition claimed in the information provided in accordance with ORS 633.362;
or
(d) Contains unwanted crop seed or weed
seed. [2001 c.914 §16; 2009 c.97 §9]
633.370
[Amended by 1977 c.799 §4; 1979 c.499 §31; repealed by 2001 c.914 §30]
633.371
Disposition of revenues. The State Department of
Agriculture shall deposit revenues received under ORS 633.311 to 633.479 and
633.994 in the Department of Agriculture Service Fund. The revenues deposited
under this section are continuously appropriated to the department for the
purpose of administering and enforcing ORS 633.311 to 633.479 and 633.994. [2001
c.914 §11; 2009 c.97 §10]
633.380
[Amended by 1965 c.268 §11; 1977 c.799 §5; repealed by 2001 c.914 §30]
633.385
Department access; inspection; sampling of products.
(1) The State Department of Agriculture shall have access at reasonable times
to records, premises, materials or conveyances as necessary for the purpose of
administering and enforcing ORS 633.311 to 633.479 and 633.994.
(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 manufactured, distributed or
registered in this state, or samples of other substances, as the department
deems necessary for the purpose of 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. [2001
c.914 §13; 2009 c.97 §11]
633.388
Reports of official sample. (1) A report of official sample,
signed and acknowledged by a chemist employed by the State Department of
Agriculture, other state agency or laboratory facility designated by the
department, relating to the analysis of any fertilizer, agricultural amendment,
agricultural mineral or lime product is prima facie evidence that the sample
identified in the report of official sample was properly analyzed and that the
substance analyzed contained the constituent parts stated in the report of
official sample.
(2) A report of official sample, signed
and acknowledged by the department, relating to the sampling of any product is
prima facie evidence that the sample identified was taken from parcels,
containers or lots identified in the official request for analysis. [2001 c.914
§12]
633.390
[Amended by 1955 c.235 §5; 1965 c.268 §12; 1977 c.799 §6; repealed by 2001
c.914 §30]
633.400
[Amended by 1955 c.235 §6; 1965 c.268 §13; repealed by 1977 c.799 §7]
633.410
[Repealed by 1969 c.131 §5]
633.420
[Amended by 1955 c.235 §7; 1977 c.799 §8; repealed by 2001 c.914 §30]
633.430
[Amended by 1955 c.235 §8; 1961 c.425 §18; 1977 c.799 §9; repealed by 2001
c.914 §30]
633.440
[Amended by 1965 c.268 §14; 1975 c.129 §1; 1977 c.799 §10; 1989 c.833 §64;
repealed by 2001 c.914 §30]
633.441
Rules. In accordance with the applicable
provisions of ORS chapter 183, the State Department of Agriculture may adopt
rules necessary to implement, administer and enforce ORS 633.311 to 633.479 and
633.994, including but not limited to rules for:
(1) Fertilizer, agricultural amendment,
agricultural mineral and lime product:
(a) Handling;
(b) Sampling;
(c) Storage;
(d) Labeling;
(e) Distribution;
(f) Definitions;
(g) Analysis;
(h) Records;
(i) Use;
(j) Minimum percentages;
(k) Investigational allowances; and
(L) Ingredients.
(2) Public access to product information
of any fertilizer, agricultural amendment, agricultural mineral or lime
product. [2001 c.914 §15]
633.445
Orders preventing sale or other disposition of product; seizure.
(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 stored, used or distributed in violation of ORS 633.311 to
633.479 or rules adopted under ORS 633.311 to 633.479, the department may, in
accordance with ORS 561.605 to 561.620, issue and 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 give written permission releasing the product
when ORS 633.311 to 633.479 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. [2001 c.914 §14;
2009 c.97 §12]
633.450
[Amended by 1955 c.235 §9; 1977 c.799 §11; repealed by 2001 c.914 §30]
633.460
[Amended by 1955 c.235 §10; 1959 c.78 §2; 1965 c.268 §15; 1977 c.799 §12; 1989
c.833 §65; 1997 c.249 §192; repealed by 2001 c.914 §30]
633.461
Tonnage reports; fees; rules; records. (1) A person
shall file a semiannual tonnage report with the State Department of Agriculture
if the person:
(a) Distributes into this state, from
foreign or domestic sources, a fertilizer, agricultural amendment or
agricultural mineral product used as an ingredient in the in-state manufacture
of a fertilizer, agricultural amendment or agricultural mineral product;
(b) Distributes into this state, from
foreign or domestic sources, an end-use fertilizer, agricultural amendment or
agricultural mineral product for use within this state; or
(c) Distributes into this state a
fertilizer, agricultural amendment or agricultural mineral product composed of
ingredients 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 amendment or agricultural mineral products
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
to fund grants for research and development related to the interaction of fertilizer,
agricultural amendment or agricultural mineral products and ground water or
surface water.
(b) Not to exceed $0.05 for each ton of
gypsum, land plaster or an agricultural mineral with a principal ingredient of
calcium sulfate (CaSO4• 2H2O or CaSO4)
distributed.
(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 semiannual
tonnage report is filed and the inspection fee is paid as required under this
section.
(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 tonnage report or pay an inspection fee does not file the 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
tonnage report under this section shall maintain records and a bookkeeping
system that accurately indicate the tonnage of fertilizer, agricultural
amendment or agricultural mineral product that is subject to inspection fees.
The person shall maintain the records for a period of three years.
(8) The department may not assess
inspection fees on any fertilizer, agricultural amendment or agricultural
mineral product in commercial transit that is not intended for use or final
distribution in this state.
(9) ORS 561.450 applies to a person who
refuses to pay inspection fees due to the department under this section.
(10) If there are duplicate inspection fee
payments, an application made for a refund must be 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. [2001 c.914 §18;
2009 c.97 §13]
633.470
[Amended by 1963 c.43 §1; 1965 c.268 §16; 1977 c.799 §13; repealed by 2001
c.914 §30]
633.471
Lime product tonnage reports; fee; records. (1) A
person shall file a semiannual tonnage report with the State Department of
Agriculture if the person:
(a) 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) Distributes into this state, from
foreign or domestic sources, end-use lime products for use within this state;
or
(c) Distributes into this state a lime
product composed of ingredients not described under paragraph (a) or (b) of
this subsection.
(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
tonnage report under this section shall maintain records and a bookkeeping
system that accurately indicate the tonnage of lime product distributed into
this state. The person shall maintain the records for three years. [2001 c.914 §20;
2009 c.97 §14]
633.475
[1965 c.268 §7; repealed by 2001 c.914 §30]
633.476
Record keeping for custom mix products; product identification; records
inspection. (1) A person mixing or distributing a
custom mix of fertilizer, agricultural amendment, agricultural mineral or lime
products shall keep for a period of at least three years after mixing a record
showing:
(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; and
(e) Any other information required by the
State Department of Agriculture.
(2) Undistributed parts of a custom
mixture or batch shall at all times be identified with the purchaser’s unique
identifier.
(3) The person mixing or distributing the
custom mix shall make the records required by this section available for
inspection during normal business hours by the purchaser or the department. [2001
c.914 §21; 2009 c.97 §15]
633.479
Fertilizer Research Committee. (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 amendment or agricultural mineral
products and ground water or surface water. The committee shall consist of the
director or the director’s designee and six members appointed by the director
as follows:
(a) Two members of the public who have no
involvement in the manufacture or distribution of fertilizer, agricultural
amendment or agricultural mineral products;
(b) Three members representing the
fertilizer, agricultural amendment or agricultural mineral industry; and
(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 those offices.
(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. [2001 c.914 §19; 2009 c.97 §16]
633.480
[Repealed by 1965 c.268 §18]
633.485
[1965 c.268 §17; 1977 c.799 §14; repealed by 2001 c.914 §30]
633.495
[1965 c.268 §8; 1977 c.799 §15; 1979 c.29 §1; repealed by 2001 c.914 §30]
633.500
[1977 c.799 §17; repealed by 2001 c.914 §30]
633.510
[Repealed by 1955 c.379 §23]
SEEDS
633.511
Definitions for ORS 633.511 to 633.750. As used in
ORS 633.511 to 633.750:
(1) “Agricultural seed” means fiber,
forage and grass crop seed and any other kind of seed or bulblet commonly
recognized in this state as agricultural seed or as lawn or turf seed, and
mixtures of any of such seeds, as may be determined by the Director of
Agriculture.
(2) “Certified,” as applied to bulblets,
tubers or horticultural plants or to agricultural, cereal grain, flower or
vegetable seed, means inspected and labeled by and in accordance with the
standards and rules and regulations adopted by the dean under ORS 633.620 or in
accordance with similar standards established by some similar regularly
constituted authority in another state or country.
(3) “Conditioner” means any person who
cleans, blends, bags or stores seed.
(4) “Dean” means the dean of the College
of Agricultural Sciences of Oregon State University, or agent.
(5) “Director” means the Director of
Agriculture, or agent.
(6) “Flower seed” means seeds of
herbaceous plants grown for their blooms, ornamental foliage or other
ornamental parts, and commonly known and sold in this state under the name of
flower or wildflower seeds.
(7) “Inert matter” includes stones, dirt,
leafage, stems, badly broken seed and masses of spores.
(8) “Labeling” includes all labels and
other printed, written or graphic representations in any form on the container
of any seeds or accompanying or pertaining to any seeds, whether in bulk or in
containers, and includes representations on invoices.
(9) “Mixed seed” and “mixture” mean any
lot of seed that contains in excess of five percent by weight of each of two or
more kinds or varieties of agricultural, flower or vegetable seed.
(10) “Other crop seed” means that part of
any lot or sample of seed that consists of agricultural, cereal grain, flower
or vegetable seeds other than those named on the label.
(11) “Percentage of germination” means the
percentage of pure seed of a lot or sample that produces satisfactory sprouts
before the close of a standard germination test as prescribed pursuant to ORS
633.580.
(12) “Percentage of hard seed” means the
percentage of pure seed of any lot or sample that remains in its normal hard
condition at the close of a standard germination test as prescribed pursuant to
ORS 633.580.
(13) “Prohibited noxious weed seed” means
the seed of weeds that when established are highly destructive, competitive and
difficult to control by ordinary good cultural practice.
(14) “Pure seed” means the agricultural,
flower or vegetable seed of which there is the largest percentage by weight in
any unmixed lot or sample and, in the case of mixtures, includes any
agricultural, flower or vegetable seed consisting of not less than five percent
by weight of the kind or kinds of seed under consideration, as distinguished
from other crop seed, weed seed and inert matter.
(15) “Restricted noxious weed seed” means
the seed of such weeds as are very objectionable in fields, lawns and gardens
but can be controlled by good cultural practice.
(16) “Retailer” means any person who
sells, offers or holds for sale, agricultural, flower or vegetable seed to
ultimate consumers or users for planting purposes.
(17) “Vegetable seed” means the seed of
those crops usually grown in Oregon in gardens or on truck farms or for canning
and freezing purposes and generally known and sold under the name of vegetable
seed.
(18) “Weed seed” means any seed or
bulblets other than agricultural, cereal grain, flower or vegetable.
(19) “Wholesaler” means any person who
sells, offers or holds for sale or contracts to obtain the production of,
agricultural, flower or vegetable seed to retailers, distributors, brokers or
other wholesalers for resale. [1955 c.379 §2; 1969 c.132 §1; 1977 c.625 §1;
1981 c.196 §1; 1995 c.79 §323; 1995 c.371 §1; 2003 c.14 §382; 2007 c.281 §1;
2011 c.356 §14]
633.520
Labeling agricultural seed or bulk flower seed.
Each container of agricultural seed, or of more than one pound of flower seed,
sold, offered or exposed for sale, or transported within this state shall bear or
have attached in a conspicuous place a legibly written or printed label or tag
prepared from information developed from a seed test as prescribed by rule by
the Director of Agriculture and that states in the English language:
(1) The commonly accepted name of the kind
or the kind and variety of each agricultural or flower seed component
constituting in excess of five percent of the whole and the percentage by
weight of each. If any such component is one that the director, pursuant to ORS
633.680, has determined is generally labeled as to variety, the label or tag
shall bear, in addition to the name of the kind, either the name of such
variety or the statement “Variety Not Stated.” If more than one agricultural or
flower seed is named, the word “mixture” or the words “mixed seed” shall appear
conspicuously on the label or tag.
(2) The country or state where grown. If
unknown, the fact that the country or state where grown is unknown shall be
stated.
(3) The lot number or other lot
identification.
(4) The total percentage, by weight, of
other crop seed.
(5) The total percentage, by weight, of
weed seed.
(6) The total percentage, by weight, of
inert matter.
(7) The name and number per pound of each
kind of noxious weed seed restricted in Oregon, or the statement “No Noxious
Found,” or a similar statement, if the sample is free of all noxious weed seeds
listed in the administrative rules.
(8) For each named agricultural or flower
seed:
(a) The percentage of germination. If
germination data is based on tests other than sprouting, that shall be so
stated on the label.
(b) The percentage of hard seed, if more
than one percent.
(9) The month and year the test to
determine the data required by this section was completed.
(10) The name and address of the person
who labeled the seed or who sells, offers or exposes such seed for sale within
the state.
(11) The year and month beyond which an
inoculant, if shown in the labeling, is no longer claimed to be effective.
(12) If such seed or mixture is intended
for seeding purposes and has been treated, the following:
(a) A statement that the seeds have been
treated.
(b) The commonly accepted chemical or
abbreviated chemical name of any substance used in such treatment.
(c) A descriptive statement, approved by
the director as adequate for the protection of the public, of any process used
in such treatment.
(d) If the substances used in such
treatment in the amount remaining with the seeds is harmful to humans or other
vertebrate animals, an appropriate warning statement, approved by the director
as adequate for the protection of the public.
(13) A statement of the net quantity of
the contents of each container in terms of the net weight of such container. [Amended
by 1955 c.379 §3; 1969 c.132 §2; 1995 c.371 §2; 2007 c.281 §2]
633.530
[Repealed by 1955 c.379 §23]
633.531
Labeling vegetable or flower seed weighing one pound or less.
Each container of vegetable seed or flower seed that is sold, offered for sale,
exposed for sale or transported within this state and that has a net weight of
one pound or less shall be legibly labeled:
(1) With the commonly accepted name of the
kind or the kind and variety of the seed.
(2) With the name and address of the
person who labeled the seed or who sells, offers or exposes such seed for sale
within this state.
(3) With the year for which the seed was
packed for sale, or the percentage of germination and the date the test was
completed.
(4) In the case of seed that has a
percentage of germination less than the standard prescribed by the Director of
Agriculture under authority of ORS 633.680, with:
(a) The percentage of germination.
(b) The percentage of hard seed, if more
than one percent.
(c) The month and year the test to
determine the data required by this section was completed.
(d) The words “substandard germination” in
not less than eight-point boldfaced type.
(5) With the labeling data required by ORS
633.520 (12) and (13). [1955 c.379 §4; 1969 c.132 §3; 1995 c.371 §3; 2007 c.281
§3]
633.540
[Repealed by 1955 c.379 §23]
633.541
Labeling vegetable seed weighing more than one pound.
Each container of vegetable seed weighing more than one pound net weight shall
be labeled with:
(1) The name of the kind and variety of
the contents.
(2) The lot number or other lot identification.
(3) The name and number per pound of each
kind of restricted noxious weed seed, or the statement “No Noxious Found,” or a
similar statement, if the sample is free of all noxious weed seeds listed in
the administrative rules.
(4) The percentage of germination or, if
the percentage of germination meets or exceeds the standard established by the
Director of Agriculture pursuant to ORS 633.680, at the option of the person
for whom the container is labeled, the words “Oregon Standard Germination.”
(5) The percentage of hard seed, if more
than one percent.
(6) The month and year the test to
determine the data required by this section was completed.
(7) The name and address of the person who
labeled such seed or who sells, offers or exposes such seed for sale within
this state.
(8) The labeling data required by ORS
633.520 (12) and (13). [1955 c.379 §5; 1969 c.132 §4; 1995 c.371 §4]
633.545
Labeling bins and bulk displays. All bins and
other bulk displays of agricultural, flower or vegetable seed, and mixtures of
agricultural, flower or vegetable seed, or both, shall be labeled with the data
required to be present on containers of agricultural, flower or vegetable seed
prescribed in ORS 633.520, 633.531 and 633.541. [1955 c.379 §6; 2007 c.281 §4]
633.550
Exemptions from labeling provisions. (1) In the
following cases agricultural, flower or vegetable seeds, or mixtures of
agricultural, flower or vegetable seeds, or both, are exempt from the labeling
provisions of ORS 633.520, 633.531 and 633.541, except that any labeling or
other representation that is made with respect to such seed shall conform to
those sections:
(a) When sold to be recleaned before being
sold, offered or exposed for sale for seeding purposes.
(b) When held in storage or consigned to a
seed handling establishment for conditioning.
(c) When held, sold or exposed for sale
for milling, food or feeding purposes only.
(d) When transported from field to
conditioner and between conditioner and dealer. However, if labeled, the seed
must be labeled accurately.
(2) Containers of agricultural, flower or
vegetable seeds, or mixtures of agricultural, flower or vegetable seeds, or
both, are exempt from the labeling provisions of ORS 633.520, 633.531 and
633.541 when such containers are filled in the presence of the purchaser from
bins or other bulk display containers if such bins or bulk display containers
are labeled with the information otherwise required to be present on individual
packages of such seed. [Amended by 1955 c.379 §7; 1981 c.196 §2; 1995 c.371 §5;
2007 c.281 §5]
633.560
[Repealed by 1955 c.379 §23]
633.561
Preparation of list of prohibited noxious weed seeds and restricted noxious
weed seeds. The director shall prepare a list of
prohibited noxious weed seeds and a list of restricted noxious weed seeds. On
the list of restricted noxious weed seeds the director, with the concurrence of
the dean, shall specify the number of such seeds per pound that may be present
in agricultural, flower or vegetable seed. [1955 c.379 §15; 1981 c.196 §3; 2007
c.281 §6]
633.570
[Repealed by 1955 c.379 §23]
633.571
Changes in lists; publication of changes. (1)
The director, with the concurrence of the dean, may make the following changes
in the list of prohibited noxious weed seeds or in the list of restricted
noxious weed seeds:
(a) The addition to either list of the
name of the seed of any weed.
(b) The removal from either list of the
name of the seed of any weed.
(c) A change in the list of restricted
noxious weed seeds of the number of such seeds per pound that may be present in
agricultural, flower or vegetable seed.
(2) In determining whether the name of the
seed of any weed should be added to or removed from either list, or whether a
change should be made in the number of any restricted noxious weed seed that
may be present in agricultural, flower or vegetable seed, the director and the
dean shall consider the following factors:
(a) The prevalence of such weed in the
state.
(b) The potential effect upon the seed
industry and agriculture generally.
(c) Means of effective control or
eradication.
(d) Toxicity to animals, including humans.
(e) Methods of separation from other
seeds.
(f) Any other factor that may in the
judgment of the director and the dean be a reasonable ground for making such
change.
(3) The director shall cause all changes
made pursuant to this section to be given to the press and printed in pamphlet
form available for distribution. [1955 c.379 §16; 1983 c.740 §235; 2007 c.281 §7]
633.580
Seed testing laboratory; cooperative agreements with federal agency.
(1) The dean shall maintain and operate a properly equipped seed testing
laboratory in connection with the agricultural experiment station at Oregon
State University and shall make all tests, including germination tests, on
regulatory samples agreed upon as necessary by the director and the dean and in
accordance with rules and regulations, promulgated after agreement, by the
director.
(2) The dean may enter into cooperative
arrangements with the United States Department of Agriculture for research work
in seed testing and for such portion of the regulatory and general seed testing
work as may be mutually agreeable. [Amended by 1955 c.379 §8]
633.590
[Repealed by 1955 c.379 §23]
633.600
Fees for seed tests; rules and regulations. (1)
The dean may authorize the seed testing laboratory to make seed tests for
certification purposes and commercial tests for the use of any person.
(2) The dean may fix and determine the fee
or charge for seed testing work so as to cover the cost.
(3) The dean may make reasonable rules and
regulations covering any phase of seed testing, require the payment of the fees
and charges and refuse further seed testing to any person failing to pay
promptly the charges for the seed testing. [Amended by 1955 c.379 §9]
633.610
Seed testing fund. All moneys collected as fees or
charges for seed testing work shall be deposited in a special fund to be known
as the seed testing fund. The fund shall be maintained by the dean, who may
expend such funds, in the manner usually employed by the experiment station in
disbursement of receipts, for:
(1) Salaries, wages and necessary expenses
of employees while on official duty.
(2) The purchase of necessary equipment,
materials and supplies.
(3) Other expenses necessary to the
carrying out of seed testing work.
633.620
Certification of seeds, tubers and plants; fees; rules.
(1) The certification of varieties of agricultural, cereal grain, flower or
vegetable seeds, or of tubers or horticultural plants, for planting purposes as
certified seeds, tubers or plants shall be conducted in this state by the dean.
(2) The varieties eligible for
certification, the rules and regulations and standards for such certification
that will provide for seed of high quality and the official seals and tags
shall be determined upon and adopted by the dean.
(3) The dean may establish field
inspection fees and charges for inspection and certification in an amount
sufficient to cover the cost of such work. The dean may also charge the
approximate cost price for tags, ties and seals and make charges covering the
cost of field, threshed-seed or bin inspections when such inspections are
called for at such times and places as to involve a total expense in excess of
the income from the established fees or charges. In all cases the fees and
charges shall be fixed at a rate that will cover the approximate cost of the
work.
(4) The dean may authorize the inspection
and certification of tubers and agricultural, cereal grain, flower and
vegetable seeds without the collection of fees when grown in areas not in
excess of one acre by members of 4-H Clubs and of the Future Farmers of
America.
(5)(a) Notwithstanding any other provision
of this section, the dean may enter into agreements with appropriate
agricultural or educational agencies of the State of Idaho for the performance
of seed certification, testing and analysis services for producers of hard seed
in Malheur County.
(b) As used in this subsection “hard seed”
means alfalfa, beans, clover, peas, soybean, trefoil, vetch, barley, oats, rye,
triticale, wheat, buckwheat, lupine, rape, sunflower, sugar beets, vegetable
seed, flower seed and corn.
(6) Notwithstanding any other provision of
this section, and in addition to the authority granted by subsection (5) of
this section, the dean may enter into agreements with appropriate public or
private agencies to assist the Oregon State University seed testing laboratory
in the testing and analysis of seed samples. [Amended by 1955 c.379 §10; 1995
c.181 §1; 1997 c.354 §1; 2007 c.281 §8]
633.630
Certification fund. (1) All moneys collected as fees
or charges for inspection and certification of agricultural, cereal grain,
flower and vegetable seeds, and of tubers and horticultural plants, shall be
receipted for and deposited in a special fund to be known as the certification
fund. The fund shall be maintained by the dean, who may expend such funds for
no other purposes than the following:
(a) Salaries, wages and necessary travel
and other expenses of employees while on official duty.
(b) The purchase of necessary equipment,
materials and supplies.
(c) Other expenses necessary to the
carrying out of such inspection and certification.
(2) The expenditures shall be made in
accordance with the usual disbursement of receipts of the cooperative
agricultural extension service. [Amended by 1955 c.379 §11; 2007 c.281 §9]
633.640
Dean may employ assistants. For the purposes of performing
the duties assigned to the dean, in carrying out ORS 633.511 to 633.750, the
dean may employ necessary assistance and delegate to such assistants, analysts
and inspectors so employed the duties assigned to the dean by those sections. [Amended
by 2003 c.14 §383]
633.650
[Repealed by 1955 c.379 §23]
633.651
Prohibited acts. (1) A person may not sell, offer
for sale, expose for sale or transport for use in planting in the State of
Oregon any agricultural, flower or vegetable seed:
(a) That except as provided in ORS
633.550, has not been labeled as required by ORS 633.520, 633.531 and 633.541;
(b) That bears a label that is false or
misleading;
(c) That contains any prohibited noxious
weed seeds;
(d) That contains restricted noxious weed
seeds in excess of the permissible numbers per pound established under ORS 633.561
or 633.571 (2);
(e) That has not been tested within the 18
months next preceding such sale, offering for sale, exposure for sale or
transportation, not including the calendar month in which the test was
completed, to determine the percentage of germination for the labeling
requirements of ORS 633.520, 633.531 and 633.541. The Director of Agriculture
may, pursuant to the authority of ORS 633.680, establish by order a shorter
period for kinds of seed that the director finds under ordinary conditions of
handling will not maintain a germination within the established limits of
tolerance during an 18-month period, or longer period for kinds of such seed
that are packaged in such container materials and under such conditions as the
director may determine will, during such longer period, maintain the viability
of the seed under ordinary conditions of handling. Any person in possession of
seeds shall keep on file available for State Department of Agriculture
inspection the original or duplicate copy of the latest test made of such seeds
that shows, in addition to the information required by the provisions of this
section, the date and the name of the person making such test; or
(f) That, if it is a variety for which a
certificate of plant variety protection under the federal Plant Variety
Protection Act specifies sale only as a class of certified seed, is sold or
exposed for sale by variety name but has not been so certified by any official
seed certifying agency. However, seed from a certified lot may be labeled as to
variety name when used in a mixture by, or with the written approval of, the
owner of the variety.
(2) A person may not substitute
uncertified for certified seed.
(3) A person may not use tags or seals
indicating certification other than as prescribed by a certification agency, as
authorized by ORS 633.620 or 633.511 (2).
(4) Unless the tuber, horticultural plant
or agricultural, cereal grain, flower or vegetable seed has been produced,
tested, examined and labeled in accordance with ORS 633.511 to 633.750 and the
rules and regulations of this state or the official certification agency of
another state, territory or country, a person may not:
(a) Sell, offer for sale, expose for sale,
advertise or transport any such tuber, plant or seed representing it to be
certified; or
(b) Use in connection with such tuber,
plant or seed any tags or seals similar to those used in official
certification, as established pursuant to ORS 633.620 or 633.511 (2).
(5) A person may not alter or falsify any
seed labels, seed tests, records or other documents pertaining to seed
dealings. [1955 c.379 §12; 1957 c.407 §1; 1969 c.132 §5; 1981 c.196 §4; 1983
c.740 §236; 1995 c.371 §6; 2003 c.14 §384; 2007 c.281 §10]
633.655
When penalties not applicable. A person is
not subject to the penalties of ORS 633.992 for having sold, offered for sale,
exposed for sale or transported in this state any agricultural, flower or
vegetable seed, that:
(1) Is incorrectly labeled or represented
as to kind and variety or origin, if the seeds cannot be identified except by a
field test, when such person:
(a) Obtains an invoice or grower’s
declaration stating the kind, or kind and variety, and origin, if required;
(b) Takes such invoice or grower’s
declaration in good faith; and
(c) Takes such other precautions as are
reasonable to ensure the identity of the seeds to be as stated.
(2) Does not conform to the label on the
container, but is within the tolerances authorized by the director under ORS
633.680 (1). [1955 c.379 §21; 1971 c.489 §4; 2007 c.281 §11]
633.660
Enforcement and administration. The director
shall enforce ORS 633.511 to 633.750 and 633.996. However, the enforcement of
certification regulations and the work of testing seeds and sampling,
inspecting, sealing and certification labeling of tubers and horticultural
plants and of agricultural, cereal grain, flower and vegetable seeds for
certification, as provided by ORS 633.600 to 633.640, shall be done by the
dean. [Amended by 1955 c.379 §13; 2007 c.281 §12]
633.670
Inspection and sampling of seeds; seizure of seeds; report of inspection work.
(1) In the enforcement of ORS 633.511 to 633.750 and 633.996, the Director of
Agriculture, deputies of the director, inspectors or samplers may:
(a) Enter during regular business hours
any store, warehouse, mill, cleaning or storage place, depot or other
structure, freight car or other vehicle, in which agricultural, flower or
vegetable seeds are being sold or offered for sale, stored, handled or
transported.
(b) Either alone or in the presence of a
representative or employee of the person whose premises are so entered, examine
and inspect any agricultural, flower or vegetable seeds being possessed, sold,
offered or exposed for sale for planting purposes, in this state, for their compliance
with those sections.
(c) Draw or cause to be drawn a
representative sample of any lot of such seed for official testing and analysis
or, in the case of individually packaged seeds, select a number of such
packages as a representative sample.
(d) Examine any records or documents
pertaining to any seed being sold or offered for sale, or records pertaining to
any seed that has previously been sold or any other records involved in seed
dealings.
(2) Any sample so drawn may represent any
lot, or portion of such lot, of such seed that shall be divided, at the request
of the owner or person in charge, into two approximately duplicate samples,
each of which shall be properly identified, labeled and sealed in accordance
with the rules and regulations adopted under ORS 633.680. One of the samples
shall be transmitted to the agricultural experiment station seed laboratory at
Oregon State University for official testing for regulatory purposes. The other
sample shall be tendered to the representative of the organization from whose
structure or vehicle the sample was taken.
(3) The director may seize any container
of agricultural, flower or vegetable seed possessed, sold, offered or exposed
for sale for planting purposes in this state that appears to be in violation of
any of the provisions of ORS 633.511 to 633.750, and proceed in the manner
directed by law for the disposal of products seized by the State Department of
Agriculture.
(4) Any sample taken under those sections,
and the report showing the results of the official test made on any such
sample, shall be prima facie evidence in any court in this state of the true
condition of the entire lot, in the examination of which the sample was taken.
(5) A copy of the result of any such test
shall be mailed to the person or authorized representative, if known, owning,
possessing or holding the seed from which the sample was drawn.
(6) The director may cause to be published
in the official paper or bulletin of the department a report of all seed
inspection work done for regulatory purposes and shall indicate in the report:
(a) The name and address of each person
whose seed was inspected.
(b) The total number of such inspections.
(c) The number and kind of seeds of which
samples were inspected and tested.
(d) The number or a list of samples
complying with ORS 633.511 to 633.750.
(e) A detailed list showing kinds of seed
and the nature of violations of any of the provisions of those sections as
found in the inspection and testing of any such seeds belonging to any such
person. [Amended by 1955 c.379 §14; 1995 c.371 §7; 2003 c.14 §385; 2007 c.281 §13]
633.680
Establishment of standards of germination; rules and regulations; fees and
charges. (1) The Director of Agriculture shall
establish standards of germination for vegetable seed, and shall make
reasonable rules and regulations necessary to effectuate the purpose of ORS
633.511 to 633.750 and 633.996, covering:
(a) Licensing, suspension, reinstatement
and revocation of licenses, which rules and regulations shall conform to the
law governing suspension, refusal or revocation of licenses by the State
Department of Agriculture.
(b) Regulatory and official sampling.
(c) Labeling of seeds, including such
additional information as may be required in order to maintain uniformity with
the laws and regulations of the federal government or of other states.
(d) Quarantining, which rules and
regulations shall conform to the law for establishment of quarantines by the
State Department of Agriculture.
(e) Seizure, treatment and disposition of
seeds from outside this state.
(f) Seizure of seeds.
(g) Changes in the list of prohibited
noxious weed seeds and in the list of restricted noxious weed seeds.
(h) Tolerances for differences between the
contents of a container of agricultural, flower or vegetable seed and the label
thereon.
(i) The types of records and the
procedures for handling forms and records that must be kept by seed dealers and
seed conditioners.
(j) The identity of varieties of
agricultural seed required by ORS 633.520.
(k) The variations in time provided for in
ORS 633.651.
(L) The use and labeling of hermetically
sealed or other types of containers or conveyances involving seeds.
(m) The type of analysis tests that must
be conducted to develop information used in preparing seed labels or tags.
(2) The director may adopt rules
establishing standards for forms used in reporting analysis of seed.
(3) The director may establish fees and
charges for official sampling, applied for by the owner, at an amount
sufficient to cover the cost. The director may also establish reasonable
charges covering issuance of permits, and the treatment and disposition of
seeds seized and held under quarantine. However, in any case where the service
involved is in such location or under such circumstances that the usual fees or
charges are insufficient to cover the expense, the director may make additional
charges to avoid loss to this state. [Amended by 1955 c.379 §17; 1969 c.132 §6;
1995 c.371 §8; 2011 c.356 §15]
633.690
Quarantine of seed entering state; disposition of nonconforming seed.
(1) The director may place a quarantine on all agricultural, flower or
vegetable seed entering this state from any outside source. However, seed
labeled in accordance with ORS 633.520, 633.531 and 633.541 shipped into the
state by any person holding an Oregon license in full force shall not
necessarily be quarantined; and any such seeds in tight containers in transit
directly through this state, to points outside this state, are not subject to
quarantine. Any such seeds from outside this state, that are destined to points
in this state for conditioning purposes, for later use in this state, or for
shipment from this state, shall be held under quarantine until such seeds
comply with ORS 633.511 to 633.750.
(2) The director may draw necessary
samples of such seed and hold such seed until the necessary tests are completed
and arrangements for the disposition of the seed are consummated. If the seed
is found to be in compliance with those sections it shall be immediately
released. If the seed is found to be in violation of any part of those
sections, the director shall so notify the shipper and, unless the director is
instructed to return such seed within 30 days or unless such seed is put in condition
to comply with the provisions of those sections and all costs covering such
inspection and seizure are paid, the director shall cause the seed to be
destroyed. [Amended by 1955 c.379 §18; 1981 c.196 §5; 2003 c.14 §386; 2007
c.281 §14]
633.700
Retailer and wholesaler licenses; exemption; rules; fees.
(1) A person may not sell, offer or expose for sale in this state, or contract
to have produced in this state for commercial purposes, any agricultural,
flower or vegetable seeds unless the person holds an unsuspended license issued
by the State Department of Agriculture. However, a person is not required to
obtain a license if the person is selling only seeds produced by the person or
if the person is selling flower or vegetable seeds at retail in packages
weighing not more than one-half pound that were prepared for retail sale by a
seed company licensed under this section. For the purposes of this section,
persons operating more than one branch, plant or warehouse where seeds are
sold, offered or exposed for sale shall secure a separate license for each such
branch, plant or warehouse.
(2) Any person desiring to sell, offer or
expose for sale in this state any agricultural, flower or vegetable seeds, for
planting purposes, except as provided in this section, shall make application
to the Director of Agriculture for a license for this purpose. The application
shall be signed by the applicant or the authorized agent of the applicant and
shall be in a form approved by the director. Upon presentation of such signed
application for a license and the tendering of the license fee established by
the department pursuant to subsection (3) of this section, the department shall
issue the license to the applicant. The license shall expire on June 30 next
following the date of issuance or on such date as may be specified by
department rule.
(3) The department shall establish annual
license fees, not to exceed $75 for a retailer’s license and not to exceed $750
for a wholesaler’s license. Only one license shall be required for one person’s
operation at one location. [Amended by 1955 c.379 §19; 1957 c.407 §2; 1977
c.625 §2; 1985 c.353 §4; 1989 c.514 §1; 1991 c.288 §1; 1993 c.665
§1;
2003 c.14 §387; 2007 c.281 §15; 2007 c.768 §39; 2011 c.324 §1; 2011 c.356 §16]
633.710
[Repealed by 1989 c.1035 §3]
633.711
[1989 c.1035 §§2,6; 1991 c.734 §56; 1995 c.371 §9; renumbered 633.996 in 2001]
633.720
Sampling and testing on request of owner of seed.
On application of any person owning or controlling any lot of seed, the
director may draw an official sample of any lot of such seed for official
testing purposes. After dividing the sample into two approximately equal
portions and properly identifying, labeling and sealing them, the director
shall tender one portion to the applicant and shall send the other 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, and for the seed testing at
commercial rates as established by the dean in accordance with ORS 633.600.
633.730
[Amended by 1955 c.379 §20; 1957 c.407 §3; repealed by 1959 c.31 §1]
633.740
[Repealed by 1959 c.31 §1]
633.750
Disposition of fees and charges paid under ORS 633.511 to 633.750.
All fees paid to the State Department of Agriculture pursuant to ORS 633.511 to
633.750, other than the fees and charges specified in ORS 633.610 and 633.630,
shall be deposited in the Department of Agriculture Service Fund. All such
moneys are continuously appropriated to the department for the purpose of
carrying out those sections. [Amended by 1979 c.499 §32; 2003 c.14 §388]
PENALTIES
633.990
[Amended by 1955 c.379 §22; 1961 c.314 §10; subsection (1) enacted as 1961
c.314 §11; repealed by 1971 c.489 §11]
633.992
Criminal penalties. Violation of any of the
provisions of this chapter or regulations promulgated thereunder is a
misdemeanor. [1971 c.489 §10]
633.994
Civil penalties for fertilizer law violations; rules; failure to pay penalty in
full. (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 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) The department shall adopt rules that
determine guidelines for ensuring consistency in the assessment of civil
penalties.
(3) Notwithstanding subsection (1) of this
section, for a violation that arises from gross negligence or willful
misconduct, or that results in substantial harm to human health or the
environment, 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 that results from an action is a separate and distinct
violation. The department may deem each day of a continuing violation to be a
separate and distinct violation.
(5) A civil penalty assessed under this
section may be remitted or reduced upon terms and conditions 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. [2001 c.914 §17; 2009 c.97 §17]
633.996
Civil penalty for seed law violation. (1) Any
person who violates any provision of ORS 633.511 to 633.750, a rule adopted
pursuant thereto or the terms or conditions of any order issued by the State
Department of Agriculture under ORS 633.511 to 633.750 shall be subject to a
civil penalty not to exceed $10,000 per violation.
(2) Each violation may be a separate and
distinct offense, and in the case of a continuing violation, each day’s
continuance thereof may be deemed a separate and distinct offense.
(3) The department shall adopt a schedule
or schedules establishing the amount of civil penalty that may be imposed for a
particular violation.
(4) Civil penalties under this section
shall be imposed as provided in ORS 183.745.
(5) Any civil penalty received by the
State Treasurer under this section shall be deposited in the General Fund to
the credit of the Department of Agriculture Account and is continuously
appropriated to the department for the administration and enforcement of the
laws and rules under which the penalty was assessed. [Formerly 633.711; 2003
c.14 §389]
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