Chapter 571 — Chapter 571
168 sections in this chapter.
ORS 571.402 Declarations; purposes of ORS 571.400 to 571.501. (1) It is hereby declared, as a matter of legislative determination, that ORS 571.400 to 571.501 are enacted in the exercise of the power of the state for the purposes of protecting and furthering the public health and welfare. It is further declared that the hemp industry of this state is affected with a public interest in that, among other things
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(a) The production, processing, manufacture and distribution of hemp and hemp products constitute a paramount industry of this state that not only provides substantial and required revenues for the state and its political subdivisions, and employment and a means of livelihood for…
ORS 571.404 Duties of State Department of Agriculture; rules. (1) The State Department of Agriculture shall
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(a) Monitor the methods and practices used or proposed by the Oregon Hemp Commission in carrying out the goals and meeting the needs disclosed by the budget of the commission; (b) Promote cooperation among the Oregon Hemp Commission, the commodity commissions, the Oregon Beef Cou…
ORS 571.406 Temporary members of Oregon Hemp Commission; terms; rules. (1) In the same manner as that provided in ORS 576.206, the Director of Agriculture shall appoint seven temporary members to the Oregon Hemp Commission. In appointing the temporary members, the director shall consider any recommendations by commodity commissions, producers and producer associations. All temporary members of the commission must be citizens of the United States and residents of this state
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(2)(a) A majority of the temporary members must be producers. (b) A producer member appointed under subsection (1) of this section must have produced hemp under a license or registration issued by the State Department of Agriculture for at least three years prior to the member’s …
ORS 571.408 Ex officio members of Oregon Hemp Commission. The Director of Agriculture and the Dean of the College of Agricultural Sciences of Oregon State University are ex officio nonvoting members of the Oregon Hemp Commission. [2021 c.216 §5]
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Note: See note under 571.400.
ORS 571.410 Required declaration of vacancy of producer, processor office. The Director of Agriculture shall immediately declare the office of a member of the Oregon Hemp Commission who is a producer or processor vacant if the director finds that
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(1) The member is no longer actively engaged in hemp production or processing; (2) The member has become a resident of another state; or (3) The member is otherwise unable to perform the duties of the office. [2021 c.216 §6] Note: See note under 571.400.
ORS 571.412 Required declaration of vacancy of public member office. The Director of Agriculture shall immediately declare the office of a member of the Oregon Hemp Commission who is a member of the public vacant if the director finds that the member has become a producer or processor. [2021 c.216 §6a]
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Note: See note under 571.400.
ORS 571.414 Authority to remove member of Oregon Hemp Commission. (1) The Director of Agriculture may remove a member of the Oregon Hemp Commission for inefficiency, neglect of duty or misconduct in office if the director provides
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(a) At least 10 days before the date of a public hearing on the issue of removal of the member, service on the member of: (A) A copy of the charges against the member; and (B) Notice of the time and place of the public hearing on the issue of removal; and (b) A public hearing on …
ORS 571.417 Payment for member of Oregon Hemp Commission; expenses; rules. (1) The Oregon Hemp Commission may adopt rules to establish the amount of payment that a member of the commission receives under ORS 292.495 for each day, or portion of a day, during which the member is engaged in the performance of official duties. Any rules adopted under this section must specify that the amount must be at least the amount of payment that would otherwise be provided under ORS 292.495
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(2) Members, officers and employees of the commission must receive their actual and necessary travel and other expenses reasonably incurred in the performance of their official duties. Subject to any limitations described under ORS 292.495 (2), the commission shall adopt rules go…
ORS 571.420 Meetings. (1) The Oregon Hemp Commission shall establish a meeting place anywhere in this state, but must consider in selecting the location the convenience of the majority of those persons most likely to have business with the commission or to be affected by the acts of the commission
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(2) Notwithstanding subsection (1) of this section, the commission may participate in meetings outside the state for the purposes of advancing the work of the commission. (3) The commission may take action only at meetings held within this state. [2021 c.216 §9] Note: See note un…
ORS 571.423 Powers of Oregon Hemp Commission; rules. The Oregon Hemp Commission may
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(1) Conduct scientific research to discover and develop the commercial value of hemp and hemp products. (2) Disseminate reliable information founded upon the research conducted under ORS 571.400 to 571.501 that shows the value of hemp and hemp products for any purpose for which h…
ORS 571.426 Authority to contract; limitations on contractors; required review of contracts; rules. (1)(a) The Oregon Hemp Commission may contract with an independent contractor for the performance of any service, except that the commission may not contract with an independent contractor to perform discretionary functions of the commission
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(b) ORS 279.835 to 279.855 and ORS chapters 240, 279A, 279B and 279C do not apply to the commission in obtaining services described in this subsection, except that a contract for services described in this subsection may not take effect until the contract is approved by the State…
ORS 571.429 Oregon Hemp Commission authority, duties relating to moneys. (1) The Oregon Hemp Commission shall
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(a) Adopt a budget, obtain budget approval and submit financial statements in the same manner as a commodity commission acting under ORS 576.416. (b) Receive, deposit, invest, expend and budget moneys in the same manner as a commodity commission acting under ORS 571.471, 571.486,…
ORS 571.432 Administrative support for Oregon Hemp Commission from Oregon Department of Administrative Services; compensation for services; accounting system. (1) Upon request by the Oregon Hemp Commission, the Oregon Department of Administrative Services may
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(a) Purchase or otherwise provide for acquiring or furnishing supplies, materials, equipment and services, other than personal services, that the commission requires and for independent contractors to furnish professional services to the commission. (b) Provide for printing and m…
ORS 571.435 Provision and receipt of services, facilities and materials to, from other state agencies. (1) The Oregon Hemp Commission may elect to provide services, facilities and materials to commodity commissions created under ORS 576.051 to 576.455, the Oregon Wheat Commission, the Oregon Beef Council and other state agencies and officers under ORS 283.110
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(2) Upon request by the Oregon Hemp Commission, any other entity described in subsection (1) of this section may provide services, facilities and materials to the commission under ORS 283.110. [2021 c.216 §14] Note: See note under 571.400.
ORS 571.438 Exemption from certain financial administration laws. ORS 291.026, 291.201 to 291.222, 291.232 to 291.260, 291.322 to 291.334, 292.210 to 292.250, 293.260 to 293.280, 293.295 to 293.346 and 293.590 to 293.640 do not apply to the Oregon Hemp Commission or to the administration and enforcement of ORS 571.400 to 571.501. [2021 c.216 §15]
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Note: See note under 571.400.
ORS 571.441 Commission employees not subject to state personnel compensation plans; commission not subject to office space regulation; fees for administrative services; rules. (1) Wages or salaries of employees of the Oregon Hemp Commission are not subject to personnel compensation plans for state employees established by the Oregon Department of Administrative Services under ORS 240.235 to 240.250
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(2) The commission is not required to utilize office space provided or obtained by the department as provided in ORS chapter 276. (3) The State Department of Agriculture may charge and collect from the commission an assessment or fee to reimburse the department for supervisory or…
ORS 571.444 Intellectual property; rules. (1) As used in this section, “intellectual property” means patents, copyrights, trademarks, inventions, discoveries, processes, ideas and other similar property, whether or not they are patentable or copyrightable
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(2)(a) The Oregon Hemp Commission may: (A) Consistent with the purposes of the commission, develop intellectual property that relates to hemp or assists in the implementation, maintenance or development of commission programs. (B) Take all necessary and proper actions, including …
ORS 571.447 Levy and collection of assessment; exemption; limitation; application for refund; rules. (1) As used in this section
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(a) “Commodity” means hemp. (b) “Industry average unit price” means the average unit price for the raw commodity within the industry and includes prices that are calculated using a one-year, two-year or three-year average and data from the most recent complete year or years prece…
ORS 571.450 Exemptions from assessments; rules. (1) The Oregon Hemp Commission may establish by rule exemptions from the assessments described in ORS 571.447 based on
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(a) Hemp quantities; (b) Types of hemp sales; (c) Types of hemp producers; and (d) Types of hemp processors. (2) In adopting a rule under subsection (1) of this section, the commission shall consider: (a) Federal laws and rules, and laws and rules of other states, that relate to …
ORS 571.453 Assessment collection requirements. (1) A person responsible for collecting an assessment on behalf of the Oregon Hemp Commission
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(a) Shall report to the commission as required by the commission by rule. (b) Who fails to deduct an assessment at the time of sale shall report and pay the assessment to the commission. (2) This section applies to a producer that is required to report and pay an assessment. [202…
ORS 571.456 Reporting to Oregon Hemp Commission of sales, transfers of hemp by producer; payment of assessment. (1) When a processor lives, or has the processor’s office, in Oregon, the producer shall report all transfers or sales made to the processor on forms provided by the Oregon Hemp Commission and pay the assessment moneys directly to the commission
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(2) When a processor lives, or has the processor’s office, in another state or country or is a federal or other governmental agency, the producer shall report all transfers or sales made to the processor on forms provided by the Oregon Hemp Commission and pay the assessment money…
ORS 571.459 Requirement to maintain records; Oregon Hemp Commission authority to inspect records, issue subpoenas. (1) A person required to pay or collect an assessment on hemp under ORS 571.400 to 571.501 shall maintain accurate records sufficient to enable the Oregon Hemp Commission to determine by inspection and audit the accuracy of assessments paid or due to the commission and of reports made or due to the commission
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(2) For purposes of determining the accuracy of assessments paid or due to the commission, the commission, or a person authorized by the commission, may: (a) Make an inspection during normal business hours of the business premises of a person required to pay or collect an assessm…
ORS 571.462 Penalty for delayed payment of assessment. (1) In addition to the penalties prescribed in ORS 571.501, a person who delays transmittal of funds beyond the time set by the Oregon Hemp Commission shall pay a penalty of 10 percent of the amount due and one and one-half percent interest per month on the unpaid balance of the assessment
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(2) The commission may waive the penalty and interest described in subsection (1) of this section upon a showing of good cause, as determined by the commission by rule. (3) Notwithstanding subsection (1) of this section, if an assessment is collected pursuant to a federal marketi…
ORS 571.465 Penalty for failure to pay assessment; civil action. (1) If a person responsible for the transmittal of assessment moneys to the Oregon Hemp Commission fails to relinquish assessment moneys collected, the person shall pay an amount equal to twice the amount of the unrelinquished assessment moneys
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(2) The commission may commence a civil action or utilize any other available legal or equitable remedy to collect an assessment or civil penalty, obtain injunctive relief or obtain specific performance under ORS 571.400 to 571.501. (3) If the person responsible for the transmitt…
ORS 571.468 Dispute regarding amount of assessment; rules. (1) A producer may dispute the amount of an assessment levied against the producer on a unit basis under ORS 571.447 if the total assessment levied against the producer during an assessment period established by the Oregon Hemp Commission by rule exceeds the total dollar value received by the producer for the hemp during that assessment period multiplied by the maximum lawful assessment percentage
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(2) A producer who disputes the amount of an assessment as provided under subsection (1) of this section may file a challenge to the assessment with the commission not more than 60 days after the close of the assessment period. The challenge must be filed on a form provided by th…
ORS 571.471 Financial activity of Oregon Hemp Commission. (1)(a) Moneys a person collects or receives from the assessment levied pursuant to ORS 571.447, and other moneys the Oregon Hemp Commission receives, must be paid to the authorized agent of the commission and promptly deposited into an account established by the commission in a depository, as defined in ORS 295.001, that is insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund
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(b) In a manner consistent with the requirements of ORS 295.001 to 295.108, the chairperson, vice chairperson and secretary-treasurer for the commission shall ensure that sufficient collateral secures any amount of funds on deposit that exceeds the coverage limits established by …
ORS 571.474 Fidelity bond; conditions on bond; payment of cost of bond. (1) A person authorized by the Oregon Hemp Commission to receive or disburse moneys under ORS 571.400 to 571.501 shall obtain a fidelity bond from the Oregon Department of Administrative Services
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(2) The bond must be in an amount equal to the maximum amount of moneys that the commission determines the person may control. The commission may establish conditions on the person’s control of moneys under this section. (3) The commission shall pay the cost of the bond. (4) If t…
ORS 571.477 Cancellation of uncollectible assessment. The Oregon Hemp Commission may cancel an uncollectible assessment consistent with ORS 293.240. Subsequent collection of debt written off under ORS 293.240 is governed by ORS 293.245. [2021 c.216 §28]
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Note: See note under 571.400.
ORS 571.480 Maintenance of books, records and accounts. The Oregon Hemp Commission shall maintain accurate books, records and accounts of its dealings. The books, records and accounts of the commission must be open to inspection and audit by the Secretary of State. [2021 c.216 §29]
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Note: See note under 571.400.
ORS 571.483 Oregon Hemp Commission budget; meeting requirement; annual financial statement. (1) The Oregon Hemp Commission shall adopt an annual budget, using classifications of expenditures and revenues required by ORS 291.206. The budget described in this subsection is not subject to review by the Legislative Assembly or to future modification by the Emergency Board or the Legislative Assembly
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(2)(a) The commission shall follow generally accepted accounting principles and keep financial and statistical information as necessary to completely and accurately disclose the financial operations of the commission as required by the Secretary of State. (b) The budget must show…
ORS 571.486 Requirement to comply with ORS 571.483 in order to make, incur expenditure. An expenditure of moneys for a fiscal year may not be made or incurred by or under the authority of the Oregon Hemp Commission under ORS 571.400 to 571.501 unless the commission complies with ORS 571.483. [2021 c.216 §31]
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Note: See note under 571.400.
ORS 571.489 Limitation on amount, purpose of expenditure. (1) Except as otherwise provided in subsection (2) of this section, an expenditure of moneys for a fiscal year may not be made or incurred by or under the authority of the Oregon Hemp Commission under ORS 571.400 to 571.501
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(a) In excess of the total amount of expenditures estimated for the fiscal year in the budget adopted for the fiscal year or in excess of the total amount of expenditures estimated for any major category in the budget adopted for the fiscal year. (b) For any purpose different tha…
ORS 571.492 Unforeseen expenditure; fund transfer. (1) Subject to ORS 571.489 (2), expenditures of moneys for a fiscal year unforeseen at the time the Oregon Hemp Commission budget is prepared may be made or incurred by order of the commission. When an unforeseen expenditure of moneys occurs in a fiscal year, the commissioners must approve a motion for an order of a fund transfer. The motion must include
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(a) The amount and purpose of the expenditure and why the expenditure was unforeseen; (b) A request for the certification by the Director of Agriculture of the order; (c) The specific major category of the budget to which the specific funds are to be allocated; and (d) The specif…
ORS 571.495 Distribution of moneys upon abolishment of Oregon Hemp Commission. (1) Unless the Legislative Assembly orders a refund pursuant to subsection (2) of this section, if the Legislative Assembly abolishes the Oregon Hemp Commission, any moneys remaining in the possession of the abolished commission on the effective date of the abolishment are transferred to Oregon State University and are continuously appropriated to the university for research benefitting producers
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(2) The Legislative Assembly may order in an Act dissolving the commission that any moneys remaining in the possession of the abolished commission on the effective date of the abolishment be refunded on a proportional basis to the persons who paid assessments to the commission du…
ORS 571.498 Sale of hemp considered sale in commercial channels. Any sale of hemp by a producer or processor is a sale in commercial channels for the purposes of ORS 571.501. [2021 c.216 §35]
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Note: See note under 571.400.
ORS 571.501 Penalty for violation of ORS 571.400 to 571.501. Violation of any provision of ORS 571.400 to 571.501 is a Class C misdemeanor. [2021 c.216 §36]
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Note: See note under 571.400. CHRISTMAS TREE GROWERS
ORS 571.505 Definitions for ORS 571.510 to 571.580. As used in ORS 571.510 to 571.580, unless the context requires otherwise
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(1) “Acre of Christmas trees” means an acre of land upon which Christmas trees are growing at the time of application for the license required by ORS 571.525. (2) “Christmas tree” means a cut evergreen tree: (a) Of a marketable species; (b) Managed to produce trees meeting U.S. N…
ORS 571.510 Policy; department to maintain Christmas tree service; duties. (1) The Legislative Assembly finds and declares that the propagation and raising of Christmas trees is a silvicultural and agricultural pursuit that should be regulated and assisted by the State Department of Agriculture. A Christmas tree service shall be maintained within the department for the purpose of carrying out and enforcing the provisions of ORS 571.505 to 571.580
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(2) The department is authorized to: (a) Inspect the Christmas tree stock of growers. (b) Issue certificates and permits and check the license and licensing of persons required to be licensed by ORS 571.505 to 571.580. (c) Investigate violations of ORS 571.505 to 571.580. (d) Dis…
ORS 571.515 State Christmas Tree Advisory Committee. (1) In order that there may be the closest contact between the State Department of Agriculture and the problems of the Christmas tree industry, there hereby is created a State Christmas Tree Advisory Committee, which shall consist of six members appointed by the Director of Agriculture. The director, as far as practicable, shall make appointments so that all areas of the state are represented on the committee
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(2) The term of each member shall be for three years, from the date of appointment. A member shall continue to serve until a successor is appointed and qualifies. Vacancies in office shall be filled by appointment for the unexpired term. An individual is not eligible to serve mor…
ORS 571.520 Exemptions from licensing requirements. ORS 571.525 and 571.530 do not apply to
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(1) Any grower owning one acre or less of Christmas trees and whose business consists only of retail sales to the ultimate consumer. (2) Any dealer. [1985 c.197 §4; 1989 c.561 §3]
ORS 571.525 License required to operate as grower. No person shall operate as a grower without first obtaining a license therefor from the State Department of Agriculture. [1985 c.197 §5]
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[Repealed or reserved.]
ORS 571.530 License application; contents; license fee. (1) Each person required to be licensed by ORS 571.525 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 571.535 Renewal of license; rules. (1) The fees for the renewal of the annual licenses required by ORS 571.505 to 571.580 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. (3) Any person who has been previously licensed to grow Christmas tree stock and whose right to grow has been forfeited shall not be issued a renewal license except upon written application to the dep…
ORS 571.540 Form of license; display required. All licenses issued under ORS 571.505 to 571.580 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 571.545 License not transferable; notice of change of business organization; additional assessment for trees not subject to fee. (1) A license is personal to the applicant and may not be transferred. The licensee shall notify the State Department of Agriculture in writing if the business entity of the licensee is changed or if the members of a partnership change, whether or not the business entity name is changed
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(2) The license issued to a grower applies to the particular premises named in the license. However, if prior approval is obtained from the department, the place of business may be moved to other premises or location without the necessity of relicensing. An additional acreage ass…
ORS 571.550 Suspension, revocation or refusal of license. As provided in ORS chapter 183, the State Department of Agriculture may 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 Christmas tree stock. (2) The licensee was guilty of fraud, deception or misrepresentation in the procurement of a license. (3) The licensee has violated any provisio…
ORS 571.555 Issuance of shipping permit numbers. (1) The State Department of Agriculture shall issue a shipping permit number to any qualified licensee who requests or requires one. Such number shall be the same as the license number and so designated on the license
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(2) The shipping permit number shall accompany all shipments and deliveries of Christmas tree stock. [1985 c.197 §11; 1989 c.561 §6]
ORS 571.560 Inspections for pest, disease and weed control; additional inspections for special certificates. (1) The State Department of Agriculture shall inspect licensed grower’s operations as often as the department considers necessary to determine and control pest, disease and noxious weed conditions
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(2) In addition to the inspections provided in subsection (1) of this section, the department shall make such inspections as are necessary for the issuance of phytosanitary and other certificates. [1985 c.197 §12; 1989 c.561 §7]
ORS 571.565 Department to determine accuracy of acreage reporting for fee calculations. The State Department of Agriculture shall use all appropriate methods to determine the accuracy of acreage reporting to determine the license fee prescribed by ORS 571.530. [1985 c.197 §13; 1989 c.561 §8]
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[Repealed or reserved.]
ORS 571.570 Substitution or transportation of uninspected Christmas tree stock. No person shall
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(1) Substitute other Christmas tree stock for Christmas tree stock covered by an inspection certificate. (2) Transport or accept for transportation Christmas tree stock that does not carry the official inspection tag authorized by the State Department of Agriculture. [1985 c.197 …