Chapter 633 — Chapter 633
139 sections in this chapter.
ORS 633.531 Labeling vegetable or flower seed weighing one pound or less. Each container of vegetable seed or flower seed that is sold, offered for sale, exposed for sale or transported within this state and that has a net weight of one pound or less shall be legibly labeled
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(1) With the commonly accepted name of the kind or the kind and variety of the seed. (2) With the name and address of the person who labeled the seed or who sells, offers or exposes such seed for sale within this state. (3) With the year for which the seed was packed for sale, or…
ORS 633.540 [Repealed by 1955 c.379 §23]
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[Repealed or reserved.]
ORS 633.541 Labeling vegetable seed weighing more than one pound. Each container of vegetable seed weighing more than one pound net weight shall be labeled with
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(1) The name of the kind and variety of the contents. (2) The lot number or other lot identification. (3) The name and number per pound of each kind of restricted noxious weed seed, or the statement “No Noxious Found,” or a similar statement, if the sample is free of all noxious …
ORS 633.545 Labeling bins and bulk displays. All bins and other bulk displays of agricultural, flower or vegetable seed, and mixtures of agricultural, flower or vegetable seed, or both, shall be labeled with the data required to be present on containers of agricultural, flower or vegetable seed prescribed in ORS 633.520, 633.531 and 633.541. [1955 c.379 §6; 2007 c.281 §4]
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[Repealed or reserved.]
ORS 633.550 Exemptions from labeling provisions. (1) In the following cases agricultural, flower or vegetable seeds, or mixtures of agricultural, flower or vegetable seeds, or both, are exempt from the labeling provisions of ORS 633.520, 633.531 and 633.541, except that any labeling or other representation that is made with respect to such seed shall conform to those sections
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(a) When sold to be recleaned before being sold, offered or exposed for sale for seeding purposes. (b) When held in storage or consigned to a seed handling establishment for conditioning. (c) When held, sold or exposed for sale for milling, food or feeding purposes only. (d) When…
ORS 633.560 [Repealed by 1955 c.379 §23]
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[Repealed or reserved.]
ORS 633.561 Preparation of list of prohibited noxious weed seeds and restricted noxious weed seeds. The director shall prepare a list of prohibited noxious weed seeds and a list of restricted noxious weed seeds. On the list of restricted noxious weed seeds the director, with the concurrence of the dean, shall specify the number of such seeds per pound that may be present in agricultural, flower or vegetable seed. [1955 c.379 §15; 1981 c.196 §3; 2007 c.281 §6]
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[Repealed or reserved.]
ORS 633.570 [Repealed by 1955 c.379 §23]
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[Repealed or reserved.]
ORS 633.571 Changes in lists; publicizing changes. (1) The Director of Agriculture, with the concurrence of the dean, may make the following changes in the list of prohibited noxious weed seeds or in the list of restricted noxious weed seeds
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(a) The addition to either list of the name of the seed of any weed. (b) The removal from either list of the name of the seed of any weed. (c) A change in the list of restricted noxious weed seeds of the number of such seeds per pound that may be present in agricultural, flower o…
ORS 633.580 Seed testing laboratory; cooperative agreements with federal agency. (1) The dean shall maintain and operate a properly equipped seed testing laboratory in connection with the agricultural experiment station at Oregon State University and shall make all tests, including germination tests, on regulatory samples agreed upon as necessary by the director and the dean and in accordance with rules and regulations, promulgated after agreement, by the director
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(2) The dean may enter into cooperative arrangements with the United States Department of Agriculture for research work in seed testing and for such portion of the regulatory and general seed testing work as may be mutually agreeable. [Amended by 1955 c.379 §8]
ORS 633.590 [Repealed by 1955 c.379 §23]
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[Repealed or reserved.]
ORS 633.600 Fees for seed tests; rules and regulations. (1) The dean may authorize the seed testing laboratory to make seed tests for certification purposes and commercial tests for the use of any person
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(2) The dean may fix and determine the fee or charge for seed testing work so as to cover the cost. (3) The dean may make reasonable rules and regulations covering any phase of seed testing, require the payment of the fees and charges and refuse further seed testing to any person…
ORS 633.610 Seed testing fund. All moneys collected as fees or charges for seed testing work shall be deposited in a special fund to be known as the seed testing fund. The fund shall be maintained by the dean, who may expend such funds, in the manner usually employed by the experiment station in disbursement of receipts, for
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(1) Salaries, wages and necessary expenses of employees while on official duty. (2) The purchase of necessary equipment, materials and supplies. (3) Other expenses necessary to the carrying out of seed testing work.
ORS 633.620 Certification of seeds, tubers and plants; fees; rules. (1) The certification of varieties of agricultural, cereal grain, flower or vegetable seeds, or of tubers or horticultural plants, for planting purposes as certified seeds, tubers or plants shall be conducted in this state by the dean
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(2) The varieties eligible for certification, the rules and regulations and standards for such certification that will provide for seed of high quality and the official seals and tags shall be determined upon and adopted by the dean. (3) The dean may establish field inspection fe…
ORS 633.630 Certification fund. (1) All moneys collected as fees or charges for inspection and certification of agricultural, cereal grain, flower and vegetable seeds, and of tubers and horticultural plants, shall be receipted for and deposited in a special fund to be known as the certification fund. The fund shall be maintained by the dean, who may expend such funds for no other purposes than the following
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(a) Salaries, wages and necessary travel and other expenses of employees while on official duty. (b) The purchase of necessary equipment, materials and supplies. (c) Other expenses necessary to the carrying out of such inspection and certification. (2) The expenditures shall be m…
ORS 633.640 Dean may employ assistants. For the purposes of performing the duties assigned to the dean, in carrying out ORS 633.511 to 633.750, the dean may employ necessary assistance and delegate to such assistants, analysts and inspectors so employed the duties assigned to the dean by those sections. [Amended by 2003 c.14 §383]
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[Repealed or reserved.]
ORS 633.650 [Repealed by 1955 c.379 §23]
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[Repealed or reserved.]
ORS 633.651 Prohibited acts. (1) A person may not sell, offer for sale, expose for sale or transport for use in planting in the State of Oregon any agricultural, flower or vegetable seed
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(a) That except as provided in ORS 633.550, has not been labeled as required by ORS 633.520, 633.531 and 633.541; (b) That bears a label that is false or misleading; (c) That contains any prohibited noxious weed seeds; (d) That contains restricted noxious weed seeds in excess of …
ORS 633.655 When penalties not applicable. A person is not subject to the penalties of ORS 633.992 for having sold, offered for sale, exposed for sale or transported in this state any agricultural, flower or vegetable seed, that
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(1) Is incorrectly labeled or represented as to kind and variety or origin, if the seeds cannot be identified except by a field test, when such person: (a) Obtains an invoice or grower’s declaration stating the kind, or kind and variety, and origin, if required; (b) Takes such in…
ORS 633.660 Enforcement and administration. The director shall enforce ORS 633.511 to 633.750 and 633.996. However, the enforcement of certification regulations and the work of testing seeds and sampling, inspecting, sealing and certification labeling of tubers and horticultural plants and of agricultural, cereal grain, flower and vegetable seeds for certification, as provided by ORS 633.600 to 633.640, shall be done by the dean. [Amended by 1955 c.379 §13; 2007 c.281 §12]
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[Repealed or reserved.]
ORS 633.670 Inspection and sampling of seeds; seizure of seeds; report of inspection work. (1) In the enforcement of ORS 633.511 to 633.750 and 633.996, the Director of Agriculture, deputies of the director, inspectors or samplers may
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(a) Enter during regular business hours any store, warehouse, mill, cleaning or storage place, depot or other structure, freight car or other vehicle, in which agricultural, flower or vegetable seeds are being sold or offered for sale, stored, handled or transported. (b) Either a…
ORS 633.680 Establishment of standards of germination; rules and regulations; fees and charges. (1) The Director of Agriculture shall establish standards of germination for vegetable seed, and shall make reasonable rules and regulations necessary to effectuate the purpose of ORS 633.511 to 633.750 and 633.996, covering
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(a) Licensing, suspension, reinstatement and revocation of licenses, which rules and regulations shall conform to the law governing suspension, refusal or revocation of licenses by the State Department of Agriculture. (b) Regulatory and official sampling. (c) Labeling of seeds, i…
ORS 633.690 Quarantine of seed entering state; disposition of nonconforming seed. (1) The director may place a quarantine on all agricultural, flower or vegetable seed entering this state from any outside source. However, seed labeled in accordance with ORS 633.520, 633.531 and 633.541 shipped into the state by any person holding an Oregon license in full force shall not necessarily be quarantined; and any such seeds in tight containers in transit directly through this state, to points outside this state, are not subject to quarantine. Any such seeds from outside this state, that are destined to points in this state for conditioning purposes, for later use in this state, or for shipment from this state, shall be held under quarantine until such seeds comply with ORS 633.511 to 633.750
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(2) The director may draw necessary samples of such seed and hold such seed until the necessary tests are completed and arrangements for the disposition of the seed are consummated. If the seed is found to be in compliance with those sections it shall be immediately released. If …
ORS 633.700 Retailer and wholesaler licenses; exemption; rules; fees. (1) A person may not sell, offer or expose for sale in this state, or contract to have produced in this state for commercial purposes, any agricultural, flower or vegetable seeds unless the person holds an unsuspended license issued by the State Department of Agriculture. However, a person is not required to obtain a license if the person is selling only seeds produced by the person or if the person is selling flower or vegetable seeds at retail in packages weighing not more than one-half pound that were prepared for retail sale by a seed company licensed under this section. For the purposes of this section, persons operating more than one branch, plant or warehouse where seeds are sold, offered or exposed for sale shall secure a separate license for each such branch, plant or warehouse
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(2) Any person desiring to sell, offer or expose for sale in this state any agricultural, flower or vegetable seeds, for planting purposes, except as provided in this section, shall make application to the Director of Agriculture for a license for this purpose. The application sh…
ORS 633.710 [Repealed by 1989 c.1035 §3]
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[Repealed or reserved.]
ORS 633.711 [1989 c.1035 §§2,6; 1991 c.734 §56; 1995 c.371 §9; renumbered 633.996 in 2001]
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[Repealed or reserved.]
ORS 633.720 Sampling and testing on request of owner of seed. On application of any person owning or controlling any lot of seed, the director may draw an official sample of any lot of such seed for official testing purposes. After dividing the sample into two approximately equal portions and properly identifying, labeling and sealing them, the director shall tender one portion to the applicant and shall send the other portion directly to the agricultural experiment station for testing. The experiment station shall report the results of such tests to the person for whom such sample was drawn, and the person shall pay for such sampling at rates established by the director, in accordance with ORS 633.680, and for the seed testing at commercial rates as established by the dean in accordance with ORS 633.600
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[Repealed or reserved.]
ORS 633.730 [Amended by 1955 c.379 §20; 1957 c.407 §3; repealed by 1959 c.31 §1]
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[Repealed or reserved.]
ORS 633.733 Legislative findings regarding seed regulation. (1) As used in this section, “nursery seed” means any propagant of nursery stock as defined in ORS 571.005
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(2) The Legislative Assembly finds and declares that: (a) The production and use of agricultural seed, flower seed, nursery seed and vegetable seed and products of agricultural seed, flower seed, nursery seed and vegetable seed are of substantial economic benefit to this state; (…
ORS 633.738 Prohibition of local laws to inhibit or prevent production or use of seeds or products of seeds. (1) As used in this section
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(a) “Local government” has the meaning given that term in ORS 174.116. (b) “Nursery seed” means any propagant of nursery stock as defined in ORS 571.005. (2) Except as provided in subsection (3) of this section, a local government may not enact or enforce a local law or measure, …
ORS 633.740 [Repealed by 1959 c.31 §1]
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[Repealed or reserved.]
ORS 633.741 Jackson County exemption from ORS 633.738. ORS 633.738 does not apply to any local measure that was
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(1) Proposed by initiative petition and, on or before January 31, 2013, qualified for placement on the ballot in a county; and (2) Approved by the electors of the county at an election held on May 20, 2014. [2013 s.s. c.4 §4] Note: 633.741 was enacted into law by the Legislative …
ORS 633.750 Disposition of fees and charges paid under ORS 633.511 to 633.750. All fees paid to the State Department of Agriculture pursuant to ORS 633.511 to 633.750, other than the fees and charges specified in ORS 633.610 and 633.630, shall be deposited in the Department of Agriculture Service Fund. All such moneys are continuously appropriated to the department for the purpose of carrying out those sections. [Amended by 1979 c.499 §32; 2003 c.14 §388]
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MISCELLANEOUS
ORS 633.752 Presence of department representative during crop testing; fee. Upon request by a farmer or by the holder of a patent granted for a seed, crop or trait under the Patent Act (35 U.S.C. 101 et seq.) or under the Plant Variety Protection Act (7 U.S.C. 2321 et seq.), the Director of Agriculture shall appoint a representative of the State Department of Agriculture to accompany the farmer, the patent holder or a crop testing service at the time a sample is taken. The department may charge the requester a fee for the services. This section does not create any new right of entry or affect any existing right of entry onto a property. [2015 c.630 §4]
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Note: 633.752 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 633 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS 633.990 [Amended by 1955 c.379 §22; 1961 c.314 §10; subsection (1) enacted as 1961 c.314 §11; repealed by 1971 c.489 §11]
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PENALTIES
ORS 633.992 Criminal penalties. Violation of any of the provisions of this chapter or regulations promulgated thereunder is a misdemeanor. [1971 c.489 §10]
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[Repealed or reserved.]
ORS 633.993 Civil penalty for commercial animal feed law violation. (1) Any person that violates any provision of ORS 633.006 to 633.089, any rule adopted pursuant thereto or the terms or conditions of any order issued pursuant thereto shall be subject to a civil penalty not to exceed $10,000 per violation
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(2) Civil penalties under this section are in addition to any other penalty provided by law. (3) Each violation described in this section may be a separate and distinct offense, and, in the case of a continuing violation, each day’s continuance thereof may be deemed a separate an…
ORS 633.994 Civil penalties for fertilizer law violations; rules; failure to pay penalty in full. (1) In addition to any other liability or penalty provided by law, the State Department of Agriculture may assess a civil penalty against a person that violates a provision of ORS 633.311 to 633.479 or rules adopted under ORS 633.311 to 633.479. The civil penalty may not be more than
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(a) $500 for the first violation within a three-year period; (b) $1,500 for the second violation within a three-year period; and (c) $10,000 for each subsequent violation within a three-year period. (2) The department shall adopt rules that determine guidelines for ensuring consi…
ORS 633.996 Civil penalty for seed law violation. (1) Any person who violates any provision of ORS 633.511 to 633.750, a rule adopted pursuant thereto or the terms or conditions of any order issued by the State Department of Agriculture under ORS 633.511 to 633.750 shall be subject to a civil penalty not to exceed $10,000 per violation
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(2) Each violation may be a separate and distinct offense, and in the case of a continuing violation, each day’s continuance thereof may be deemed a separate and distinct offense. (3) The department shall adopt a schedule or schedules establishing the amount of civil penalty that…