Chapter 571 — Chapter 571
168 sections in this chapter.
ORS 571.005 Definitions for ORS 571.005 to 571.230. Unless the context requires otherwise, as used in ORS 571.005 to 571.230
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(1) “Agent” means any person only soliciting orders in this state for the purchase or sale of nursery stock for any principal who is not licensed under ORS 571.005 to 571.230 and 571.991. (2) “Dealer”: (a) Means any person who deals in, sells, handles, consigns or accepts on cons…
ORS 571.010 [Repealed by 1963 c.461 §34]
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[Repealed or reserved.]
ORS 571.015 Policy; department to maintain nursery service; duties. (1) The Legislative Assembly finds and declares that the propagation and raising of nursery stock is an agricultural pursuit that should be regulated and assisted by the State Department of Agriculture. A nursery service shall be maintained within the department for the purpose of carrying out and enforcing the provisions of ORS 564.040, 564.991, 571.005 to 571.230 and 571.991
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(2) The department may: (a) Inspect the nursery stock of growers, dealers and other persons and places of business provided for under ORS 564.040, 564.991, 571.005 to 571.230 and 571.991. (b) Establish certification standards, issue certificates and permits and check the license …
ORS 571.020 [Repealed by 1963 c.461 §34]
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[Repealed or reserved.]
ORS 571.025 State Nursery Research and Regulatory Committee. (1) In order that there may be the closest contact between the State Department of Agriculture and the problems of the nursery industry, there hereby is created a State Nursery Research and Regulatory Committee which shall consist of seven members appointed by the Director of Agriculture. The director, as far as practicable, shall make appointments so that all segments of the nursery industry are represented on the committee
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(2) The term of each member shall be for three years, beginning on July 1 of the year of appointment. Vacancies in office shall be filled by appointment for the unexpired term. At the first meeting after July 1 in each year, the committee shall elect a chairperson. (3) The functi…
ORS 571.030 [Repealed by 1963 c.461 §34]
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[Repealed or reserved.]
ORS 571.035 [1963 c.461 §2; repealed by 2009 c.98 §31]
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[Repealed or reserved.]
ORS 571.038 Plant Pest and Disease Emergency Response Fund. (1) The Plant Pest and Disease Emergency Response Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Plant Pest and Disease Emergency Response Fund shall be credited to the fund
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(2) The fund shall consist of all moneys deposited to the fund under ORS 571.059. Moneys deposited to the fund are continuously appropriated to the State Department of Agriculture for use as provided in subsection (3) of this section. Expenditures from the fund are not subject to…
ORS 571.040 [Repealed by 1963 c.461 §34]
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[Repealed or reserved.]
ORS 571.045 Exemption from licensing requirements. ORS 571.055 (1) and 571.057 do not apply to
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(1) Any person whose business consists only of retail sales to the ultimate consumer and the total of such sales of nursery stock does not exceed $250 during a fiscal year. Except as provided in subsection (2) of this section, the provisions of ORS 564.040, 564.991, 571.005 to 57…
ORS 571.050 [Repealed by 1963 c.461 §34]
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[Repealed or reserved.]
ORS 571.055 License required to grow or deal in nursery stock; false representations or statements regarding licenses. (1) No person, without first obtaining a license from the State Department of Agriculture, shall
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(a) Operate as a grower, dealer or agent. (b) Advertise or display nursery stock for sale on any stand, market stall, store or other place of business. (c) Advertise nursery stock for sale by the use of signboards, placards, public communications media, newspapers, business lette…
ORS 571.057 License application; contents; fee; assessments. (1) Each person required to be licensed by ORS 571.055 shall apply for a license, or for renewal of a license, on a form furnished by the State Department of Agriculture, that contains
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(a) The name and address of the applicant, the number of locations to be operated by the applicant and the addresses of those locations, and the assumed business name of the applicant; (b) If other than an individual, a statement whether the applicant is a partnership, corporatio…
ORS 571.059 License fee surcharge. (1) As used in this section, “dealer” and “grower” have the meanings given those terms in ORS 571.005
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(2) The State Department of Agriculture shall make a yearly determination of the additional amount, if any, required to achieve a principal balance of $250,000 in the Plant Pest and Disease Emergency Response Fund. If the department determines that an additional amount is require…
ORS 571.060 [Repealed by 1963 c.461 §34]
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[Repealed or reserved.]
ORS 571.063 Temporary nursery sale license; application; fee; rules; conditions. (1) Upon receipt of a fee established by the State Department of Agriculture, the department may issue a temporary nursery sale license for the holding of a nursery stock sale conducted by, or for the benefit of, a duly registered nonprofit organization, where such sale does not exceed seven consecutive days
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(2) Application for a temporary nursery sale license shall be made on a form furnished by the department, and shall be accompanied by the license fee. A separate application and license fee is required for each sale. (3) The department may prescribe the conditions of such tempora…
ORS 571.065 [1963 c.463 §6; repealed by 1971 c.756 §9]
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[Repealed or reserved.]
ORS 571.070 [Repealed by 1963 c.461 §34]
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[Repealed or reserved.]
ORS 571.075 Renewal of license; rules; forfeiture. (1) The fees for the renewal of the annual licenses and the fees for inspections required by ORS 571.005 to 571.230 and 571.991 shall be paid with the application for license renewal and before July 1 of each year or before such date as may be specified by rule of the State Department of Agriculture
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(2) Failure to pay the fees when due forfeits the right to operate as a grower, dealer or agent. (3) Any person who has been previously licensed to grow or sell nursery stock and whose right to grow or sell has been forfeited shall not be issued a renewal license except upon writ…
ORS 571.080 [Repealed by 1963 c.461 §34]
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[Repealed or reserved.]
ORS 571.085 [1963 c.461 §13; repealed by 1971 c.756 §9]
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[Repealed or reserved.]
ORS 571.090 [Repealed by 1963 c.461 §34]
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[Repealed or reserved.]
ORS 571.095 Form of license; display required. All licenses issued under ORS 571.005 to 571.230 and 571.991 shall
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(1) Include the date of issue. (2) Expire on June 30, next following the date of issue, unless sooner revoked by the State Department of Agriculture. (3) Be in the form of a certificate. (4) Be numbered serially under the direction of the department. (5) Be posted in a conspicuou…
ORS 571.100 [Repealed by 1963 c.461 §34]
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[Repealed or reserved.]
ORS 571.105 Agent’s license. (1) No agent’s license shall be issued or valid unless the agent’s principal has given the State Department of Agriculture written authorization to issue the license
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(2) An agent’s license shall be automatically suspended during any period when the agent is not acting as an agent or the principal has withdrawn or canceled the authorization. (3) If the license has not expired, an agent may revive the license by giving notice to the department …
ORS 571.110 [Repealed by 1963 c.461 §34]
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[Repealed or reserved.]
ORS 571.115 License not transferable; moving place of business. (1) A license is personal to the applicant and may not be transferred. A new license is necessary if the business entity of the licensee is changed or if the membership of a partnership is changed, irrespective of whether or not the business name is changed
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(2) The license issued to a grower or dealer applies to the particular premises named in the license. However, if prior approval is obtained from the State Department of Agriculture, the place of business may be moved to other premises or location without the necessity of relicen…
ORS 571.120 [Repealed by 1963 c.461 §34]
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[Repealed or reserved.]
ORS 571.125 Suspension, revocation or refusal of license. The State Department of Agriculture may, as provided in ORS chapter 183, suspend, revoke or refuse to issue or renew the license of any person when it is satisfied that
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(1) The applicant or licensee has been guilty of fraud, deception or misrepresentation in the handling or sale of nursery stock. (2) The licensee was guilty of fraud, deception or misrepresentation in the procurement of a license. (3) The licensee has violated any provision of OR…
ORS 571.130 [Repealed by 1963 c.461 §34]
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[Repealed or reserved.]
ORS 571.135 Shipping permits, shipping invoices and bills of lading; rules; retention; exceptions. (1) The State Department of Agriculture may issue a shipping permit number to any licensee who requests or requires one. The shipping permit number shall be the same as the license number and so designated on the license
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(2) When authorized or required by the department, the shipping permit number shall accompany all shipments and deliveries of nursery stock. (3) The Director of Agriculture may suspend or revoke a shipping permit issued to a nursery if the nursery has nursery stock that in whole …
ORS 571.140 [Repealed by 1963 c.461 §34]
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[Repealed or reserved.]
ORS 571.145 Inspection of licensed and unlicensed nurseries; additional inspections and special services; fees. (1) The State Department of Agriculture shall inspect each licensed nursery at least once and as often thereafter as the department considers necessary to determine and control pest, disease and noxious weed conditions
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(2) The department may make additional inspections as necessary for the issuance of phytosanitary and other certificates. Such additional inspections are in addition to normal inspections as provided by subsection (1) of this section. The department may charge for such inspection…
ORS 571.147 Department audit of books and records of licensees; suspension of license for failure to submit to audit. (1) The State Department of Agriculture is authorized to audit the books and records of applicants or licensees, as it deems necessary, in order to insure compliance with ORS 571.057. Such audit may be made at the applicant’s or licensee’s place of business during normal business hours, upon three days’ notice from the department
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(2) Notwithstanding the provisions of ORS chapter 183, failure by a licensee to allow such audit shall automatically suspend the license of the licensee until the audit is performed and any additional fee and penalty found to be due is paid to the department. [1971 c.756 §7]
ORS 571.150 [Repealed by 1963 c.461 §34]
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[Repealed or reserved.]
ORS 571.160 General prohibition. No person, individually or acting for another person, such as an official or employee acting for a corporation, shall violate ORS 564.040, 564.991, 571.005 to 571.230 and 571.991. [1963 c.461 §27]
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[Repealed or reserved.]
ORS 571.170 Substitution or transportation of uninspected nursery stock prohibited. No person shall
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(1) Substitute other nursery stock for nursery stock covered by an inspection certificate. (2) Transport or accept for transportation nursery stock that does not carry the official inspection tag authorized by the State Department of Agriculture. [1963 c.461 §18]
ORS 571.180 Misrepresentation of nursery stock by grower, dealer or agent prohibited; tag or label required on fruit trees. (1) No grower, dealer or agent shall
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(a) Sell nursery stock representing it to be a name, age or variety different from what the nursery stock actually is. (b) Represent that any nursery stock is a new variety, when in fact it is a standard variety and has been given a new name. (c) Sell or represent cormels as corm…
ORS 571.190 Knowingly selling, advertising or displaying damaged, misrepresented or mislabeled nursery stock prohibited. No person shall knowingly offer to sell, advertise or display nursery stock
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(1) That is dead, in a dying condition, seriously broken, desiccated, frozen or damaged by freezing, or materially damaged in any way. (2) By any methods which have the capacity and tendency or effect of deceiving any purchaser or prospective purchaser as to the quantity, size, g…
ORS 571.200 Knowingly offering to sell, moving or storing infected or infested nursery stock prohibited. (1)(a) No person shall knowingly offer to sell nursery stock that is infected or infested
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(b) Unless the nursery stock is held for separation or treatment under the supervision of an officer, employee or inspector of the State Department of Agriculture, no person shall advertise, display, transport, move, store or warehouse nursery stock that is infected or infested. …
ORS 571.210 Hold order on defective nursery stock; condemnation. (1) When the State Department of Agriculture has cause to presume that any nursery stock will not perform in a normal manner, the officials, employees or inspectors of the department may issue a hold order for a period not to exceed 10 days. No person shall sell or dispose of in any manner such nursery stock within the 10-day period without written permission from the department
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(2) If a person displays or sells nursery stock that is dead, in a dying condition, seriously broken, frozen or damaged by freezing or materially damaged in any way, any officer, employee or inspector of the department may condemn such nursery stock and order it destroyed. [1963 …
ORS 571.220 Imported nursery stock to bear certificate of origin; contents. Nursery stock imported into Oregon must be accompanied by a certificate from the place of origin, signed by an authorized agent or representative of the agency supervising and responsible for carrying out the nursery stock laws of such originating state or country. The certificates shall contain additional information as may be required by the State Department of Agriculture to carry out and enforce the provisions of ORS 564.040, 564.991, 571.005 to 571.230 and 571.991. [1963 c.461 §24]
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[Repealed or reserved.]
ORS 571.230 Disposition and use of moneys received. (1) Except for fees paid under ORS 571.057, 571.063 and 571.145 (3), the State Department of Agriculture shall deposit all fees paid to it under ORS 571.005 to 571.230 and 571.991 in the General Fund in the State Treasury to the credit of the Department of Agriculture Account. Such fees are continuously appropriated to the department for the purpose of administering and enforcing ORS 564.040, 564.991, 571.005 to 571.230 and 571.991. The fees paid to the department under ORS 571.057, 571.063 and 571.145 (3) shall be deposited by the State Treasurer in the Department of Agriculture Service Fund, and such funds are continuously appropriated to the department for the purposes of administering and enforcing ORS 571.005 to 571.230 and 571.991
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(2) The amount of revenue generated for nursery research pursuant to ORS 571.057 (3)(c) shall be used by the department only for the purposes set forth in subsection (3) of this section. With the advice of the State Nursery Research and Regulatory Committee, the director shall id…
ORS 571.240 [1963 c.461 §14; 1967 c.637 §12; repealed by 1971 c.756 §9]
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[Repealed or reserved.]
ORS 571.250 Interagency agreement to ensure compliance. The State Landscape Contractors Board and the State Department of Agriculture shall enter into an interagency agreement to address how the board and the department shall ensure that licensed landscape contracting businesses comply with the provisions of this chapter. [1999 c.535 §3; 2007 c.541 §8]
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[Repealed or reserved.]
ORS 571.252 Green communities nurseries. (1) As used in this section, “Oregon nursery” has the meaning given that term in ORS 197.469
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(2) The State Department of Agriculture shall certify an Oregon nursery as a green communities nursery if the nursery: (a) Has practices in pest and disease management that satisfy standards established by the department; (b) Materially demonstrates a history of compliance with t…
ORS 571.260 Short title. ORS 571.260 to 571.348 shall be known and may be cited as the Oregon Hemp Act. [2018 c.116 §2; 2021 c.542 §19]
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Note: 571.260 to 571.348 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 571 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS 571.263 Oregon Hemp State Program; rules. The State Department of Agriculture shall administer an Oregon Hemp State Program for the production, processing and sale of hemp in this state. In carrying out the program, the department
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(1) Shall administer ORS 571.260 to 571.348. (2)(a) Shall adopt rules to implement a state plan for the production of hemp in accordance with the Agriculture Improvement Act of 2018 (P.L. 115-334) and subsequent federal law. The rules adopted under this subsection must conform to…
ORS 571.266 Exclusion from ORS 571.260 to 571.348. (1) ORS 571.260 to 571.348 do not apply to the production or storage of homegrown plants in the genus Cannabis within the plant family Cannabaceae at a household by one or more persons 21 years of age or older, if the total amount of homegrown plants at the household does not exceed four plants at any time
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(2) As used in this section, “homegrown” and “household” have the meanings given those terms in ORS 475C.009. [2018 c.116 §20] Note: See note under 571.260.
ORS 571.269 Definitions for ORS 571.260 to 571.348; rules. As used in ORS 571.260 to 571.348
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(1) “Adult use cannabinoid” has the meaning given that term in ORS 475C.009. (2) “Adult use cannabis item” has the meaning given that term in ORS 475C.009. (3) “Agricultural hemp seed” means Cannabis seed: (a) That is sold to or intended to be sold to licensed growers for plantin…