Oregon Administrative Code

603-053-0410 Purpose The Department will establish an advisory committee for the Shipping Point Inspection Program (SPI). The SPI Advisory Committee will represent a balanced cross section of the affected industries as well as a geographic representation across the state. The Com…

603-053-0420 Committee Members The SPI Advisory Committee will consist of 13 members representing applicants of the SPI Program including growers, shippers, packers, and processors. Members shall be appointed by the Director. The term of each member will be three years from the d…

603-053-0430 Officers and Ex Officio The Director or an official representative shall serve as ex-officio members without the right to vote. Statutory/Other Authority: ORS 561.190, 632.940 & 632.945 Statutes/Other Implemented: ORS 632.940 & 632.945 History: DOA 22-2001, f. & cert…

603-053-0440 Meetings The Committee will meet at the call of the Director or an official representative at least once annually. A majority of the members constitutes a quorum (7 members constitutes a quorum), a majority vote of the quorum at any meeting shall constitute an offici…

603-053-0450 Travel and Miscellaneous Expenses Each member of the Committee, may, with the approval of the Director, be reimbursed for the actual and necessary expenses incurred in the performance of his or her official duties. However, members may not receive any consideration f…

603-054-0014 Definitions (1) “Annual sales” means annual gross dollar volume of sales of nursery stock within Oregon for the calendar year immediately proceeding the license year. (2) “Annual purchases” means annual gross dollar volume of purchases of nursery stock within Oregon …

603-054-0016 License Fees: Growers and Collectors (1) The license fee for nursery growers, other than greenhouse growers of herbaceous plants, and for collectors of native plants shall be as follows: If Annual Sales are — The license fee is: (a) Up to $20,000 = $176; (b) $20,001-…

603-054-0017 License Fees: Greenhouse Growers of Herbaceous Plants (1) The license fee for greenhouse growers of herbaceous plants shall be as follows: If Annual Sales are — The license fee is: (a) Up to $20,000 = $176; (b) $20,001-$100,000 = $176 plus .00205 over $20,000; (c) 10…

603-054-0018 License Fees: Dealers, Florist and Landscape Contractors (1) The license fee for dealers, florist, and landscape contractors shall be as follows: If annual purchases (live plant material only, cut flowers are exempt) are The license fee is: (a) Up to $20,000 = $176; …

603-054-0020 Fees for European Pine Shoot Moth Survey The fee for licensed nurseries or Christmas tree growers requesting European pine shoot moth survey is established at $85 per location (field) per year. Statutory/Other Authority: ORS 561 & 571 Statutes/Other Implemented: ORS …

603-054-0024 Fees for Issuance of Phytosanitary and Other Certificates The following fees and charges are established for inspections requested by nurseries in order to issue state or federal phytosanitary certificates and any other certificate that requires inspection prior to i…

603-054-0027 Notification of Imported Trees and Shrubs (1) Recipients of tree and shrub nursery stock imported into the state of Oregon from any out-of-state source are required to notify the Oregon Department of Agriculture. Notification shall be via mail, FAX or e-mail to: Nurs…

603-054-0030 Inspection and Service Fees for Unlicensed Nursery Persons The fees for inspection and special services performed for persons not required to be licensed pursuant to ORS Chapter 571 are as follows: (1) Inspections and issuance of phytosanitary or other certificates a…

603-054-0035 License Fees for Christmas Tree Growers (1) The annual license fee for Christmas tree growers beginning May 15, 2008, shall be a basic charge of $62 plus an acreage assessment as follows: $3 per acre for 40 or fewer acres, plus an additional $2.60 per acre for more t…

603-054-0040 Intent Civil penalties encourage compliance with plant protection and marketing regulatory requirements. The intent of this civil penalty regulation is to implement the authority provided by the Oregon Legislature in order to protect Oregon’s natural resources and en…

603-054-0045 Definitions In addition to the definitions set forth in ORS 561.005, 570.005, 570.105, and 571.005, the following will apply: (1) “Abatement”: Action by a person to comply with a cited violation of the rules or statutes. (2) “Director”: The Director of the Department…

603-054-0050 Consolidation of Proceedings Each and every violation is a separate and distinct offense. In cases of continuing violations, proceedings for the assessment of multiple civil penalties for multiple violations against a person may be consolidated into a single hearing.…

603-054-0055 Notice of Violation and Assessment of Civil Penalties (1) Notice of a violation shall inform the person of the existence of a violation, the actions required to resolve the violation and the consequences of continued non-compliance. (2) The Director shall prescribe a…

603-054-0060 Hearing Procedures All hearings shall be conducted pursuant to the applicable contested case procedures as outlined in ORS 183.310 to 183.550 and the Attorney General’s Uniform and Model Rules of Procedure (OAR Chapter 137, 1999). Statutory/Other Authority: 1999 OL 3…

603-054-0065 Entry of Order and Appeal Rights (1) If a person, having received a notice of violation(s), fails to request a hearing as specified in OAR 603-054-0055(5)(d), or if after the hearing the person is found to be in violation of the provisions of these rules, a final ord…

603-054-0070 Civil Penalty Schedule Matrix (1) In addition to any other penalty provided by law, the Director may assess a civil penalty for violation of any provision of ORS Chapters 561, 570 and 571 relating to agricultural orders, quarantine rules and regulations, director’s e…

603-054-0075 Mitigating Circumstances During the process of determining the amount of civil penalty to be assessed, the Director may take into consideration any factors which may have an influence on the particular case. Such factors may include whether the violation appears to b…

603-054-0080 License Requirement for Persons Doing Landscaping Business The Department, as required by ORS 571.045(2), hereby establishes that any person doing landscaping business that stores plants for more than one year, operates as a grower, dealer or agent, keeps plants for …

603-054-0085 Pre-Notification of Imported Christmas Trees (1) Recipients of Christmas trees and cut evergreen branches imported into the state of Oregon from any out-of-state source are required to notify the Oregon Department of Agriculture. Notification shall be via mail, FAX o…

603-055-0100 Apiary Registration Fees The following annual apiary registration fees are established by authority provided in ORS 602.090: Every person who owns or is in charge of five or more colonies of bees located within this state must register the colonies with the Departmen…

603-055-0200 Definition As used in this rule, unless the context or a specially applicable definition requires otherwise: As defined in ORS 602.010, “Colony” or “colonies of bees” refers to any hive occupied by bees and “hive” means any receptacle or container made or prepared fo…

603-056-0030 Definitions Unless the context clearly requires otherwise, the following definitions apply to all rules in this chapter 603, division 56: (1) “Agricultural Seed” means fiber, forage, and grass crop seed and any other kind of seed or bulblet commonly recognized in thi…

603-056-0050 Seed Dealer License (1) Both retail seed dealers and wholesale seed dealers must obtain a seed dealer license from the department prior to selling, offering for sale, or exposing for sale any agricultural, flower, or vegetable seed. (2) Before the department issues a…

603-056-0060 Probation, Suspension, Revocation and Re-issuance of Seed Dealer License (1) In addition to any lawful penalty, the department may impose probation upon a licensee upon issuance of a Notice of Imposition of Civil Penalty or upon issuance of a Notice of Violation. The…

603-056-0095 Seed Dealer License Fees The following designated annual license fees shall be applicable to each described activity under authority of ORS 633.700: (1) Seed retailer: $40; and (2) Seed wholesaler: $750. Statutory/Other Authority: ORS 561.190 & 633.700 Statutes/Other…

603-056-0101 Record keeping The following recordkeeping obligations apply to seed dealers and seed conditioners: (1) Seed dealers and seed conditioners shall keep a complete record for each lot of seed for a period of three years after the final disposition of the lot of seed. (2…

603-056-0105 Labeling of Seed Containers (1) The labeling of seed containers or bins, required by ORS 633.520, 633.531, 633.541 and 633.545, shall not be smaller than eight point type. (2) The person who sells, offers for sale or transports agricultural or vegetable seed within t…

603-056-0125 Lot Sizes (1) In order to facilitate the Department’s activities under ORS 633.670 and 633.680, the following agricultural seeds shall be limited to lot sizes of 55,000 pounds each: (a) Bentgrass (Agrostis species); (b) Bluegrass (Poa species); (c) Brome, smooth (Bro…

603-056-0130 Labeling of Sod Quality for Varieties of Agricultural Seed In addition to the labeling requirements of ORS 633.520 and rules promulgated thereunder, and in the event seed is found to meet the sod quality standards established by the Department, the seed varieties as …

603-056-0135 Description and Use of Tags for Sod Quality Seed (1) The official tag referred to in OAR 603-056-0130 shall be prepared and issued by the Department; be numerically identified; and set forth the kind and variety, lot number and date of issuance. Duplicate tags shall …

603-056-0140 Application, Fees, and Procedures for Sod Quality Qualification Any person desiring to have his seed qualify as “Oregon Sod Quality Seed” shall: (1) Request the Department or Oregon State University obtain seed samples for this purpose. Should such sampling be apart …

603-056-0145 Standards for Sod Quality Certification (1) The seed lots submitted shall meet all standards for certification by Oregon State University. (2) The seed standards for "Oregon Sod Quality Seed" of hard fescue, sheep fescue, blue fescue, Kentucky bluegrass, red fescue, …

603-056-0160 Labeling of Endophyte Fungus Tested Grass Seed (1) In addition to the labeling requirements of ORS 633.520, and rules promulgated thereunder, and in the event forage grass seed is found to meet the tolerance standard for endophyte fungus, as specified in OAR 603-056-…

603-056-0165 Application and Fees for Endophyte Fungus Testing (1) An application for endophyte fungus testing shall be made on a form prescribed by the Department, which shall include the consent of the applicant for the Department to enter premises in order to obtain seed sampl…

603-056-0170 Procedures and Tolerance Standard for Endophyte Fungus Testing (1) Sampling of forage grass seed shall be performed by the Department on a random basis so as to obtain a representative sample of the lot of seed. Sampling procedures shall be consistent with those set …

603-056-0205 Prohibited and Restricted Noxious Weed Seed (1) As provided in ORS 633.561 and 633.571, the following are declared as prohibited noxious weed seeds: (a) Austrian peaweed (Sphaerophysa salsula); (b) Bearded creeper (Crupina vulgaris); (c) Bindweed or wild morningglory…

603-056-0210 Embargo, Seizure, Detention or Quarantine of Seed Any embargo or seizure of agricultural seed or vegetable seed under the authority of ORS 633.670(3), and any quarantine or detention of agricultural seed or vegetable seed under the authority of 633.690, shall conform…

603-056-0305 Regular Fees and Charges for Seed Sampling and Inspection The following fees and charges are established for the services indicated. For Official Verification services, including but not limited to: fumigation, seed treatment, check-weighing and check loading, a char…

603-056-0310 Phytosanitary Certificates (1) Certificate issuance (five copies) — $5. (2) Each additional copy — $1. (3) Each lot must be officially sampled and the sample must be current; complete information necessary for issuance of the certificate must be received by the Depar…

603-056-0315 Field Inspection Fees and Charges Relating To Seed The fees and charges for seed field inspections required for the issuance of certificates by the Department are established at $6.50 per acre for each field with a minimum fee of $50 for each field inspected and a ma…

603-056-0320 Miscellaneous Fees and Charges for Seed Sampling and Inspection In the event the conditions of the request, or in the event an applicant’s failure to have seed, hay or straw available for inspection or service at the designated time and place, results in the need for…

603-056-0400 Germination of Vegetable Seeds (1) The Oregon Standards of germination percentages as established are as follows: Kind of Seed — Oregon Standard Germination: (a) Asparagus — 70; (b) Beans (other than Limas) — 70; (c) Beans, Lima (large) — 70; (d) Beans, Lima (small) …

603-056-0410 Germination Tests The germination test for agricultural and vegetable seed in hermetically sealed containers shall have been completed within the following period, exclusive of the calendar month in which the test was completed, immediately prior to shipment, deliver…

603-056-0415 Conditions of Packaging The following conditions are considered as a minimum for packaging seed in hermetically sealed containers: (1) A container shall not allow water vapor penetration through any wall, including the wall seals, greater than 0.05 gram of water per …

603-056-0431 Chemically Treated Seed (1) As used in this rule: (a) “Treated seed” means agricultural seed, including grain intended for planting purposes, and vegetable seed, which have been injected, coated, sprayed or otherwise intentionally exposed to a pesticide as defined in…