Title 46, Agriculture

Violation of any provision of ORS 571.400 to 571.501 is a Class C misdemeanor. [2021 c.216 §36] Note: See note under 571.400. CHRISTMAS TREE GROWERS

As used in ORS 571.510 to 571.580, unless the context requires otherwise: (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…

(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 de…

(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 Agric…

ORS 571.525 and 571.530 do not apply to: (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]

No person shall operate as a grower without first obtaining a license therefor from the State Department of Agriculture. [1985 c.197 §5]

(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: (a) The name and address of the applicant, the number of locations to be operated by the applican…

(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. (2) Failure to pay …

All licenses issued under ORS 571.505 to 571.580 shall: (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 di…

(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 …

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: (1) The applicant or licensee has been guilty of fraud, deception or misrepresentation in the handling or sale …

(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. (2) The shipping permit number shall accompany all shipments …

(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. (2) In addition to the inspections provided in subsection (1) of this section, the…

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]

No person shall: (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 Agricult…

(1)(a) No person shall knowingly offer to sell Christmas tree stock that is infected or infested. (b) Unless the Christmas tree stock is held for separation or treatment under the supervision of an officer, employee or inspector of the State Department of Agriculture, no person s…

The State Department of Agriculture shall deposit all fees paid to it under ORS 571.505 to 571.580 in the Department of Agriculture Service Fund, and such moneys are continuously appropriated to the department for the purposes of administering and enforcing ORS 571.505 to 571.580…

As used in ORS 571.605 to 571.620: (1) “Business development project” has the meaning given that term in ORS 285B.050. (2) “Western juniper” means trees of the species Juniperus occidentalis. [2015 c.636 §1] Note: 571.600 to 571.625 were enacted into law by the Legislative Assemb…

(1) The Oregon Business Development Department shall provide economic development assistance to persons engaged in the business of western juniper harvesting or of manufacturing products from western juniper. The department may provide the economic development assistance for any …

The Oregon Business Development Department shall make technical business assistance available to persons engaged in, or proposing to engage in, the business of western juniper harvesting or of manufacturing products from western juniper. The department shall make the assistance a…

(1) The Oregon Business Development Department shall provide, or shall partially or fully fund the provision of, workforce training assistance to persons engaged in the business of western juniper harvesting or of manufacturing products from western juniper. The department shall …

The Institute for Natural Resources, in consultation with the State Forestry Department, the State Department of Agriculture and the State Department of Fish and Wildlife and individuals and organizations interested in management, marketing or research matters related to western …

The Western Juniper Industry Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Western Juniper Industry Fund shall be credited to the fund. The fund shall consist of any moneys appropriated, allocated, deposited or tran…

As used in ORS 571.650 to 571.660: (1) “Cultivated ginseng” means ginseng that is growing or has been grown in tilled beds under the shade of artificial structures or under natural shade, and that is cultivated by a person. (2) “Dealer” means a person who buys cultivated ginseng …

(1) No person shall engage in the activity of a grower or dealer of ginseng without first having obtained a license therefor from the State Department of Agriculture. (2) No person required by subsection (1) of this section to obtain a license shall fail to comply with this secti…

In accordance with any applicable provision of ORS chapter 183, the State Department of Agriculture, by rule, shall establish a licensing system for persons who act as ginseng growers or dealers. The system shall include, but not be limited to, provisions: (1) Prescribing the for…

(1) The State Department of Agriculture may revoke, suspend, deny or refuse to renew any grower or dealer a license if the department finds the person has violated any provision of ORS 571.655 or 571.660 or any rule adopted pursuant thereto. (2) In addition to any other liability…

The State Treasurer shall deposit all moneys received by the State Department of Agriculture under ORS 571.655 and 571.660 into the Department of Agriculture Service Fund. The moneys are continuously appropriated to the department for the purpose of carrying out the provisions of…

Subject to ORS 153.022, violation of ORS 571.005 to 571.230 or rules adopted thereunder is punishable, upon conviction, by a fine of not more than $5,000. [1963 c.461 §32; 1985 c.659 §5; 1999 c.1051 §318]

Violation of ORS 571.655 is a misdemeanor. [Formerly subsection (4) of 576.991] Note: 571.993 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 571 or any series therein by legislative action. See Preface to Oregon Revised Statute…

Violation of ORS 571.525, 571.570 or 571.575, or of any rules adopted pursuant thereto, is a misdemeanor. [1985 c.197 §17]

(1) In addition to any applicable criminal penalty under ORS 571.991 or 571.995 or any other penalty, a person who violates ORS 571.055 or 571.525 is subject to a civil penalty imposed by the State Department of Agriculture. The civil penalty shall not exceed $10,000. (2) Every v…