139 sections in this chapter.
ORS 633.005 [1961 c.314 §1; repealed by 1967 c.591 §1 (633.006 enacted in lieu of 633.005)]
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COMMERCIAL ANIMAL FEEDS
ORS 633.006 Definitions for ORS 633.006 to 633.089. As used in ORS 633.006 to 633.089, unless the context requires otherwise
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(1) “Animal feed manufacturing plant” means: (a) Any business, establishment, building, plant or place where commercial feed for animals is manufactured, mixed, processed or packed. (b) Vehicles used in transporting commercial feed or feed ingredients, machinery, equipment, utens…
ORS 633.010 [Repealed by 1961 c.314 §12]
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[Repealed or reserved.]
ORS 633.011 [1967 c.591 §10; repealed by 1971 c.489 §11]
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[Repealed or reserved.]
ORS 633.015 Registration of commercial feed required; rules; exemption; fee. (1) A person may not distribute a nonregistered commercial feed. Except as provided in subsections (2), (5) and (6) of this section, every brand, and each formula or formulation thereof, of commercial feeds manufactured, compounded, delivered or distributed in this state must be registered with the State Department of Agriculture. The distributor must submit an application for registration on forms furnished by the department. If the department so requests, the distributor must submit the label or a facsimile of the label and other printed matter describing the product. Upon approval by the department, a certificate of registration shall be furnished to the distributor. All registrations expire on December 31 of each year or on such date as may be specified by department rule. The application must include the information required by ORS 633.026 (1)(a) to (f) and such other information as the department may require
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(2) A distributor is not required to register any brand of commercial feed that has been registered under ORS 633.006 to 633.089 by another person. (3) Changes in the guarantee of either chemical or ingredient composition of a registered commercial feed may be permitted, if there…
ORS 633.020 [Repealed by 1961 c.314 §12]
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[Repealed or reserved.]
ORS 633.025 [1961 c.314 §3; 1967 c.591 §3a; 1971 c.489 §2; 1979 c.116 §2; repealed by 2001 c.137 §9]
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[Repealed or reserved.]
ORS 633.026 Labeling requirements for commercial feed; exemptions; rules. (1) Except as provided in subsection (3) of this section, commercial feed must have a label bearing the following information
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(a) The product name and the brand name, if any, under which the feed is distributed. (b) The guaranteed analysis stated in such terms as the State Department of Agriculture, by rule, determines are required to advise the user of the composition of the feed or to support claims m…
ORS 633.027 [1967 c.591 §9; repealed by 2001 c.137 §9]
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[Repealed or reserved.]
ORS 633.028 Information required to accompany custom mixed feed; rules; records. (1) A custom mixed feed delivered to a final consumer must be accompanied by at least one label, invoice, delivery slip or other shipping document that bears all of the following information
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(a) The name and principal mailing address of the manufacturer. (b) The name and address of the final consumer. (c) The date of delivery. (d) The quantity delivered. (e) Adequate directions for use if the custom mixed feed contains drugs or if the State Department of Agriculture,…
ORS 633.029 License required for animal feed manufacturers and distributors; fee; exemption; rules. (1)(a) A person may not operate an animal feed manufacturing plant, distribute commercial feeds other than at retail, be furnished a certificate of registration of a brand in this state, distribute a custom mixed feed manufactured for that person, or repackage or relabel a commercial feed manufactured by another person without having first obtained a license from the State Department of Agriculture. Application for license must be on forms prescribed by the department and must be accompanied by a license fee established by the department, not to exceed $1,000. All licenses shall expire on December 31 of each year or on such date as may be specified by department rule
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(b) In accordance with the provisions of ORS chapter 183, the department may promulgate rules designating different license fees for various categories of persons described in paragraph (a) of this subsection, so as to recognize differences in types of activities or volumes of bu…
ORS 633.030 [Repealed by 1961 c.314 §12]
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[Repealed or reserved.]
ORS 633.031 [1967 c.591 §§6,13(2); repealed by 1971 c.489 §11]
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[Repealed or reserved.]
ORS 633.035 [1961 c.314 §4; repealed by 1967 c.591 §14]
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[Repealed or reserved.]
ORS 633.037 Records required of licensees; records inspection by department. A person or contract feeder who manufactures, mixes or processes feeds in which drugs have been used so that the person or contract feeder is not exempt from the provisions of ORS 633.029, shall maintain an accurate record for at least one year from the date the drugs were so used showing the name or identity of each drug so used and its level of usage. The State Department of Agriculture is authorized to inspect the records of such persons to insure compliance with ORS 633.029 and this section. [1967 c.591 §6a; 1973 c.342 §1]
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[Repealed or reserved.]
ORS 633.040 [Repealed by 1961 c.314 §12]
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[Repealed or reserved.]
ORS 633.045 Adulterated commercial feeds prohibited; rules. A person may not distribute an adulterated commercial feed. A commercial feed is adulterated
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(1) If any poisonous, deleterious or nonnutritive ingredient is present in the feed in sufficient amount to render the feed injurious to health when fed in accordance with directions for use shown on the label. (2) If any valuable constituent has been in whole or in part omitted …
ORS 633.050 [Repealed by 1961 c.314 §12]
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[Repealed or reserved.]
ORS 633.055 Misbranding commercial feed prohibited; rules. A person may not distribute misbranded commercial feed. A commercial feed is misbranded
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(1) If its labeling is false or misleading in any particular. (2) If it is distributed under the name of another feed. (3) If it is not labeled as required by ORS 633.026 and by rules adopted pursuant to ORS 633.006 to 633.089. (4) If it purports to be or is represented as a feed…
ORS 633.060 [Amended by 1961 c.425 §17; repealed by 1961 c.314 §12]
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[Repealed or reserved.]
ORS 633.065 Department to test commercial feeds. (1) It shall be the duty of the State Department of Agriculture to sample, inspect, make analyses of, and test commercial feeds distributed within this state, at such times and places and to such an extent as may be necessary to determine whether or not such feeds are in compliance with the provisions of ORS 633.006 to 633.089. The department is authorized to enter upon any public or private premises, including any vehicle of transport, during regular business hours, in order to have access to commercial feeds and to records relating to their distribution
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(2) The methods of sampling and analysis shall be those adopted by the department. In adopting such methods, the department may take into consideration: (a) The methods scientifically developed and described in recognized official publications such as the Journal of the Associati…
ORS 633.067 Commercial feed law administration and enforcement; rules. The State Department of Agriculture may promulgate such rules and regulations for commercial feeds as are necessary for the administration and enforcement of ORS 633.006 to 633.089 and 633.992, including but not limited to additional definitions, licensing requirements, registration and license fee requirements, labeling requirements, inspection and enforcement procedures, testing and analysis procedures, and enforcement of federal commercial feed programs under agreement with federal agencies. [1971 c.489 §6]
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[Repealed or reserved.]
ORS 633.070 [Repealed by 1961 c.314 §12]
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[Repealed or reserved.]
ORS 633.075 [1961 c.314 §§8,9; part renumbered 633.081; subsection (2) enacted as part of 1967 c.591 §13; repealed by 1971 c.489 §11]
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[Repealed or reserved.]
ORS 633.077 Testing and analysis of bulk commercial feed and custom mixed feed; disclosure of test or analysis results. (1) The State Department of Agriculture shall establish and maintain a procedure, plan and system whereby a farmer, contract feeder or other person actually feeding bulk commercial feed or custom mixed feed to animals may request the department to sample and provide special official testing and analysis of such feeds. It is the purpose and intent of this section that the department desires to make its personnel, facilities and laboratories available to such persons and to determine if such feeds are in compliance with the provisions of ORS 633.006 to 633.089 or for any other purpose that the department may determine is reasonable and necessary
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(2) The department may provide for the obtaining, handling and testing of samples of bulk commercial feed and custom mixed feed as provided in subsection (1) of this section, including split sampling thereof with portions of each sample being made available to the seller and to t…
ORS 633.080 [Repealed by 1961 c.314 §12]
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[Repealed or reserved.]
ORS 633.081 [Formerly part of 633.075; repealed by 1969 c.131 §5]
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[Repealed or reserved.]
ORS 633.083 Cooperation with governmental units. The State Department of Agriculture may cooperate with and enter into contracts and agreements with governmental agencies of this state, other states, the federal government, county governments of this state or municipalities in this state, in connection with the administration of ORS 633.006 to 633.089 and 633.992 and of the provisions of federal laws or regulations relating to the operation of animal feed manufacturing plants in Oregon. [1971 c.489 §8]
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[Repealed or reserved.]
ORS 633.085 [1963 c.212 §2; repealed by 1967 c.591 §12]
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[Repealed or reserved.]
ORS 633.087 [1967 c.591 §11; repealed by 1971 c.489 §11]
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[Repealed or reserved.]
ORS 633.088 Withdrawal from distribution of feeds sold or distributed in violation of law; seizure of noncomplying feeds. (1) When the State Department of Agriculture has reasonable cause to believe any quantity or lot of commercial feed is being sold or distributed in violation of ORS 633.006 to 633.089 or rules promulgated thereunder, it may, in accordance with ORS 561.605 and 561.620, issue and enforce a written withdrawal from distribution order, directing the distributor thereof not to dispose of the quantity or lot of commercial feed in any manner until written permission is first given by the department. The department shall release the quantity or lot of commercial feed so withdrawn when said law and rules have been complied with
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(2) Any quantity or lot of commercial feed found by the department not to be in compliance with ORS 633.006 to 633.089 or rules promulgated thereunder, may be seized by the department in accordance with the provisions of ORS 561.605 to 561.620. [1971 c.489 §9; 2007 c.71 §196]
ORS 633.089 Disposition of moneys received by department. The State Department of Agriculture shall deposit all fees paid to it under the provisions of ORS 633.006 to 633.089 in the Department of Agriculture Service Fund. Such fees are continuously appropriated to the department for the purpose of administering and enforcing such sections. [1967 c.591 §7; 1979 c.499 §30]
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[Repealed or reserved.]
ORS 633.090 [Repealed by 1961 c.314 §12]
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[Repealed or reserved.]
ORS 633.100 [Repealed by 1961 c.314 §12]
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[Repealed or reserved.]
ORS 633.110 [Repealed by 1961 c.314 §12]
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[Repealed or reserved.]
ORS 633.120 [Repealed by 1961 c.314 §12]
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[Repealed or reserved.]
ORS 633.130 [Repealed by 1961 c.314 §12]
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[Repealed or reserved.]
ORS 633.140 [Repealed by 1961 c.314 §12]
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[Repealed or reserved.]
ORS 633.210 [Repealed by 1961 c.314 §12]
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[Repealed or reserved.]
ORS 633.220 [Repealed by 1961 c.314 §12]
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[Repealed or reserved.]
ORS 633.230 [Repealed by 1961 c.314 §12]
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[Repealed or reserved.]
ORS 633.240 [Repealed by 1961 c.314 §12]
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[Repealed or reserved.]
ORS 633.250 [Repealed by 1961 c.314 §12]
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[Repealed or reserved.]
ORS 633.260 [Repealed by 1961 c.314 §12]
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[Repealed or reserved.]
ORS 633.310 [Amended by 1955 c.235 §1; 1965 c.268 §1; 1977 c.799 §1; repealed by 2001 c.914 §30]
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FERTILIZERS AND OTHER SOIL-ENHANCING PRODUCTS
ORS 633.311 Definitions for ORS 633.311 to 633.479. As used in ORS 633.311 to 633.479
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(1) “Agricultural amendment”: (a) Means a mixed or unmixed synthetic chemical substance, a chemically or physically modified natural substance, a naturally occurring substance or a manufacturing by-product, or a combination of those substances or by-products, intended to induce c…
ORS 633.315 Applicability of ORS 633.311 to 633.479 and 633.994. ORS 633.311 to 633.479 and 633.994 apply only to the extent that they are consistent with ORS chapter 634. The provisions of ORS 633.311 to 633.479 and 633.994 do not supersede the provisions of ORS chapter 634. [2001 c.914 §3]
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[Repealed or reserved.]
ORS 633.318 Licensing of manufacturers and bulk distributors; application; fee; change of location; rules. (1) A manufacturer-bulk distributor license issued by the State Department of Agriculture is required for manufacturers or bulk distributors of registered or custom mixed fertilizer, agricultural amendment, agricultural mineral or lime products. A license is required for any business entity described by either or both of the following conditions
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(a) Each out-of-state or in-state business entity that distributes fertilizer, agricultural amendment, agricultural mineral or lime in bulk. (b) Each in-state business entity that manufactures any fertilizer, agricultural amendment, agricultural mineral or lime product in this st…
ORS 633.320 [Amended by 1955 c.235 §2; 1959 c.78 §1; 1965 c.268 §2; 1977 c.799 §2; repealed by 2001 c.914 §30]
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[Repealed or reserved.]
ORS 633.321 Label requirements for fertilizer, agricultural amendment, agricultural mineral and lime products; rules. (1) A person may not distribute fertilizer, agricultural amendment, agricultural mineral or lime products in packaged form unless there is a printed label attached or applied to the package. A person may not distribute fertilizer, agricultural amendment, agricultural mineral or lime products in bulk unless a label in the form of a separate document physically accompanies the shipment and is furnished to the user or purchaser when each separate delivery is made, or when the last delivery from the lot is made. The label must include the following
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(a) The name under which the product is registered or distributed. (b) The net weight or volume. (c) The name and mailing address of the manufacturer, distributor or registrant. (d) The product grade if primary nutrients are claimed. (e) The product density, in pounds per gallon …