Title 46, Agriculture

Unless the context requires otherwise, as used in ORS 571.005 to 571.230: (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) …

(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 o…

(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 Agr…

(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. (2) The fund shall consist of all moneys …

ORS 571.055 (1) and 571.057 do not apply to: (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 prov…

(1) No person, without first obtaining a license from the State Department of Agriculture, shall: (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 fo…

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

(1) As used in this section, “dealer” and “grower” have the meanings given those terms in ORS 571.005. (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…

(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 …

(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 Depar…

All licenses issued under ORS 571.005 to 571.230 and 571.991 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 …

(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. (2) An agent’s license shall be automatically suspended during any period when the agent is not acting as an agen…

(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. (2) The license issue…

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

(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. (2) When authorized or required by the department, the shi…

(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. (2) The department may make additional inspections as necess…

(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…

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]

No person shall: (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]…

(1) No grower, dealer or agent shall: (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.…

No person shall knowingly offer to sell, advertise or display nursery stock: (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…

(1)(a) No person shall knowingly offer to sell nursery stock that is infected or infested. (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…

(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 …

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 certificat…

(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. Su…

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 …

(1) As used in this section, “Oregon nursery” has the meaning given that term in ORS 197.469. (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 stand…

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] 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 a…

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: (1) Shall administer ORS 571.260 to 571.348. (2)(a) Shall adopt rules to implement a state…

(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 exc…

As used in ORS 571.260 to 571.348: (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 s…

(1) Industrial hemp is an agricultural product that is subject to regulation by the State Department of Agriculture. (2)(a) For purposes of ORS chapter 616, the department may not consider industrial hemp or industrial hemp commodities or products to be an adulterant. (b) Paragra…

(1) The Oregon Liquor and Cannabis Commission may purchase, possess, seize or dispose of industrial hemp products or commodities located on a premises licensed under ORS 475C.065, 475C.085, 475C.093, 475C.097 or 475C.548 or other area under the control of the premises licensee as…

There is established in the State Treasury, separate and distinct from the General Fund, the Industrial Hemp Fund. Interest earned by the fund shall be credited to the fund. The fund shall consist of all moneys credited to or deposited in the fund. Moneys in the fund are continuo…

(1) As used in this section: (a) “Industrial hemp” has the meaning given that term in ORS 571.269. (b) “Marijuana” has the meaning given that term in ORS 475C.009. (2) The Oregon Liquor and Cannabis Commission, in consultation with the State Department of Agriculture, shall devel…

(1)(a) To grow or handle industrial hemp, a person must be licensed by the State Department of Agriculture as a grower or handler. (b) The department may identify by rule activities related to growing or handling hemp in addition to those described in ORS 571.269 and may require …

(1) The State Department of Agriculture may enter into an interagency agreement with the Oregon Liquor and Cannabis Commission to allow representatives of the commission to carry out inspections of industrial hemp crops under ORS 571.281 (7) throughout this state. (2) The departm…

The State Department of Agriculture shall adopt rules to allow: (1) Law enforcement officers to accompany representatives of the department to an industrial hemp operation for the purposes of providing protection to the department’s representatives; and (2) Public employees and o…

The Governor may order that the Oregon National Guard provide assistance and support to the State Department of Agriculture and law enforcement in carrying out inspections of industrial hemp crops under ORS 571.281 (7) and other duties of the department related to the enforcement…

(1) Subject to the provisions of ORS chapter 183, the State Department of Agriculture may revoke a licensee’s license or refuse to issue or renew the license if a licensee violates: (a) A provision of ORS 571.260 to 571.348; (b) A rule adopted under a provision of ORS 571.260 to …

(1) The State Department of Agriculture shall conduct a criminal records check under ORS 181A.195 on an individual who submits an application for a grower license under ORS 571.281. (2) For the purpose of requesting a state or nationwide criminal records check, the department may…

(1) Except as provided in subsection (2) of this section: (a) If a person has been convicted of a felony related to a controlled substance under state or federal law, the person is ineligible for a license under ORS 571.281 to grow hemp issued by the State Department of Agricultu…

A grower licensed under ORS 571.281 may use any propagation method, including planting seeds or starts or the use of clones or cuttings, to produce industrial hemp. [Formerly 571.288] Note: See note under 571.260.

A grower shall provide the State Department of Agriculture, in a time, form and manner prescribed by the department, with an accurate description and global positioning system coordinates of the property on which the grower’s crop is or will be located. [Formerly 571.321] Note: S…

The State Department of Agriculture may charge growers and handlers licensed under ORS 571.281 fees reasonably calculated by the department to pay the cost of sampling or testing industrial hemp or industrial hemp commodities or products under ORS 571.330 and 571.333. Moneys from…

(1) As used in this section and ORS 571.296 and 571.297, “cannabinoid” means any of the chemical compounds that are the active constituents derived from industrial hemp. (2)(a) The Oregon Liquor and Cannabis Commission, in consultation with the State Department of Agriculture, sh…

A person may not sell, transfer or deliver to a consumer in this state an industrial hemp product that contains cannabinoids and is intended for human or animal consumption or use that: (1) Is not registered under ORS 571.295. (2) Does not bear a label that meets the requirements…

Subject to ORS chapter 183, the Oregon Liquor and Cannabis Commission may: (1) If the commission has reasonable cause to believe that any quantity or lot of industrial hemp product that contains cannabinoids and is intended for human or animal consumption or use is sold, transfer…

In addition to any other liability or penalty provided by law, the Oregon Liquor and Cannabis Commission may impose a civil penalty, in the manner provided in ORS 183.745, not to exceed $10,000 for each violation of a provision of ORS 571.295, 571.296 or 571.297, a rule adopted p…

The Oregon Liquor and Cannabis Commission may adopt rules to carry out ORS 571.295 to 571.298. [2024 c.16 §14a] Note: See note under 571.260.