Chapter 633 — Chapter 633
139 sections in this chapter.
ORS 633.330 [Amended by 1955 c.235 §3; 1965 c.268 §3; repealed by 2001 c.914 §30]
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[Repealed or reserved.]
ORS 633.331 Additional label requirements for lime products. In addition to the label requirements under ORS 633.321, the label for a lime product must include the following
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(1) The name of the particular form of lime. Forms of lime may include, but are not limited to, burnt lime, dolomite, ground limestone, lime sludge, shells, sugar lime and waste lime. (2) The guaranteed analysis, stating the following: (a) The percentage of calcium oxide (CaO) or…
ORS 633.335 [1977 c.799 §18; repealed by 2001 c.914 §30]
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[Repealed or reserved.]
ORS 633.336 Additional label requirements for agricultural amendment. In addition to the label requirements under ORS 633.321, the label for an agricultural amendment must include the following
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(1) A guaranteed analysis that contains the name and percentage of each substance intended to induce crop yields or plant growth or to produce any physical, microbial or chemical change in the soil, listed consecutively, followed by the percentage of inert ingredients. (2) The pu…
ORS 633.340 [Amended by 1955 c.235 §4; 1965 c.268 §4; 1997 c.249 §191; repealed by 2001 c.914 §30]
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[Repealed or reserved.]
ORS 633.341 Additional label requirements for agricultural mineral. In addition to the label requirements under ORS 633.321, the label for an agricultural mineral must include the following
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(1) The percentage of calcium sulfate, expressed as CaSO4•2H2O or CaSO4, if the product is gypsum or plaster or is an agricultural mineral in which calcium sulfate is the principal ingredient. (2) The percentage of all ingredients contained in the product, in terms prescribed by …
ORS 633.343 [1965 c.268 §6; repealed by 2001 c.914 §30]
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[Repealed or reserved.]
ORS 633.344 Label guarantees of additional plant nutrients. In addition to the guarantees of plant nutrients required by ORS 633.321, label guarantees of other plant nutrients may be made from a list approved by the State Department of Agriculture. [2001 c.914 §8]
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[Repealed or reserved.]
ORS 633.345 [1965 c.268 §5; repealed by 2001 c.914 §30]
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[Repealed or reserved.]
ORS 633.350 [Amended by 1965 c.268 §9; repealed by 2001 c.914 §30]
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[Repealed or reserved.]
ORS 633.351 [2001 c.914 §9; 2009 c.97 §6; repealed by 2015 c.514 §12]
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[Repealed or reserved.]
ORS 633.360 [Repealed by 1955 c.235 §13]
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[Repealed or reserved.]
ORS 633.361 [1955 c.235 §12; 1965 c.268 §10; 1977 c.799 §3; repealed by 2001 c.914 §30]
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[Repealed or reserved.]
ORS 633.362 Registration of fertilizer, agricultural amendment, agricultural mineral and lime products; application; fee; expiration; product contents; rules. (1) Each separately identifiable fertilizer, agricultural amendment, agricultural mineral or lime product, whether in package or in bulk, must be registered with the State Department of Agriculture. A person may not distribute a fertilizer, agricultural amendment, agricultural mineral or lime product in this state unless the fertilizer, agricultural amendment, agricultural mineral or lime product is registered with the department
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(2) The application for registration must be made on a form or forms provided by the department. The application for registration must include the following information: (a) Product name and grade; (b) Product label; (c) Name and physical address of the registrant; (d) Mailing ad…
ORS 633.364 Confidentiality of certain information supplied in application for registration; permissible use of information. (1) Information required under ORS 633.362 (2)(f) and (g) and (6) is exempt from disclosure under ORS 192.311 to 192.478. The State Department of Agriculture may not divulge any information provided to the department in accordance with ORS 633.362 (2)(f) and (g) and (6)
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(2) Notwithstanding subsection (1) of this section, the department may use the information required under ORS 633.311 to 633.479 for any administrative or enforcement action the department deems necessary. In addition, the department may: (a) Accumulate and publish statistics fro…
ORS 633.366 Prohibitions; mislabeled products; adulterated products. (1) A person may not
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(a) Distribute mislabeled products; (b) Register or attempt to register any product using fraudulent or deceptive practices to evade or attempt to evade the requirements of ORS 633.311 to 633.479 or rules adopted under ORS 633.311 to 633.479; (c) Distribute adulterated products; …
ORS 633.370 [Amended by 1977 c.799 §4; 1979 c.499 §31; repealed by 2001 c.914 §30]
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[Repealed or reserved.]
ORS 633.371 Disposition of revenues. The State Department of Agriculture shall deposit revenues received under ORS 633.311 to 633.479 and 633.994 in the Department of Agriculture Service Fund. The revenues deposited under this section are continuously appropriated to the department for the purpose of administering and enforcing ORS 633.311 to 633.479 and 633.994. [2001 c.914 §11; 2009 c.97 §10]
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[Repealed or reserved.]
ORS 633.380 [Amended by 1965 c.268 §11; 1977 c.799 §5; repealed by 2001 c.914 §30]
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[Repealed or reserved.]
ORS 633.385 Department access; inspection; sampling of products. (1) The State Department of Agriculture shall have access at reasonable times to records, premises, materials or conveyances as necessary for the purpose of administering and enforcing ORS 633.311 to 633.479 and 633.994
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(2) The department may inspect the records, premises, materials or conveyances of the manufacturer, distributor or registrant and may take samples of any fertilizer, agricultural amendment, agricultural mineral or lime product or other substance manufactured, distributed or regis…
ORS 633.388 Reports of official sample. (1) A report of official sample, signed and acknowledged by a chemist employed by the State Department of Agriculture, other state agency or laboratory facility designated by the department, relating to the analysis of any fertilizer, agricultural amendment, agricultural mineral or lime product is prima facie evidence that the sample identified in the report of official sample was properly analyzed and that the substance analyzed contained the constituent parts stated in the report of official sample
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(2) A report of official sample, signed and acknowledged by the department, relating to the sampling of any product is prima facie evidence that the sample identified was taken from parcels, containers or lots identified in the official request for analysis. [2001 c.914 §12]
ORS 633.390 [Amended by 1955 c.235 §5; 1965 c.268 §12; 1977 c.799 §6; repealed by 2001 c.914 §30]
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[Repealed or reserved.]
ORS 633.400 [Amended by 1955 c.235 §6; 1965 c.268 §13; repealed by 1977 c.799 §7]
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[Repealed or reserved.]
ORS 633.410 [Repealed by 1969 c.131 §5]
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[Repealed or reserved.]
ORS 633.420 [Amended by 1955 c.235 §7; 1977 c.799 §8; repealed by 2001 c.914 §30]
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[Repealed or reserved.]
ORS 633.430 [Amended by 1955 c.235 §8; 1961 c.425 §18; 1977 c.799 §9; repealed by 2001 c.914 §30]
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[Repealed or reserved.]
ORS 633.440 [Amended by 1965 c.268 §14; 1975 c.129 §1; 1977 c.799 §10; 1989 c.833 §64; repealed by 2001 c.914 §30]
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[Repealed or reserved.]
ORS 633.441 Rules. In accordance with the applicable provisions of ORS chapter 183, the State Department of Agriculture may adopt rules necessary to implement, administer and enforce ORS 633.311 to 633.479 and 633.994, including but not limited to rules for
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(1) Fertilizer, agricultural amendment, agricultural mineral and lime product: (a) Handling; (b) Sampling; (c) Storage; (d) Labeling; (e) Distribution; (f) Definitions; (g) Analysis; (h) Records; (i) Use; (j) Minimum percentages; (k) Investigational allowances; and (L) Ingredient…
ORS 633.445 Orders preventing sale or other disposition of product; seizure. (1) When the State Department of Agriculture has reasonable cause to believe any quantity or lot of fertilizer, agricultural amendment, agricultural mineral or lime product is stored, used or distributed in violation of ORS 633.311 to 633.479 or rules adopted under ORS 633.311 to 633.479, the department may, in accordance with ORS 561.605 to 561.620, issue and enforce a stop sale, use or removal order prohibiting the disposal, distribution, use or removal of the quantity or lot of product in any manner. The distributor must immediately remove from locations readily visible or accessible to the public any product in packaged form that the department places under a stop sale, use or removal order. The department may enforce the order until all actions against the order, including any contested case, are resolved or until the department gives written permission releasing the product for disposal, distribution, use or removal. The department shall give written permission releasing the product when ORS 633.311 to 633.479 and the rules adopted under ORS 633.311 to 633.479 are complied with
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(2) In accordance with ORS 561.605 to 561.620, the department may seize any quantity or lot of product that the department determines does not comply with ORS 633.311 to 633.479. [2001 c.914 §14; 2009 c.97 §12]
ORS 633.450 [Amended by 1955 c.235 §9; 1977 c.799 §11; repealed by 2001 c.914 §30]
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[Repealed or reserved.]
ORS 633.460 [Amended by 1955 c.235 §10; 1959 c.78 §2; 1965 c.268 §15; 1977 c.799 §12; 1989 c.833 §65; 1997 c.249 §192; repealed by 2001 c.914 §30]
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[Repealed or reserved.]
ORS 633.461 [2001 c.914 §18; 2009 c.97 §13; repealed by 2015 c.514 §12]
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[Repealed or reserved.]
ORS 633.462 Tonnage reports; records; fee; penalty. (1) A person shall file a semiannual tonnage report with the State Department of Agriculture if the person
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(a) Distributes into this state, from foreign or domestic sources, a fertilizer, agricultural amendment, agricultural mineral or lime product used as an ingredient in the in-state manufacture of a fertilizer, agricultural amendment, agricultural mineral or lime product; (b) Distr…
ORS 633.465 Inspection fees; disposition; rules. (1) Except as provided in subsection (2) of this section, a person required to file a semiannual tonnage report under ORS 633.462 shall pay the State Department of Agriculture an inspection fee in an amount established by rule
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(a) Not to exceed $0.45 for each ton of fertilizer, agricultural amendment or agricultural mineral product distributed, of which not more than $0.25 may be expended for funding grants as provided in subsection (3) of this section. (b) Not to exceed $0.05 for each ton of gypsum or…
ORS 633.470 [Amended by 1963 c.43 §1; 1965 c.268 §16; 1977 c.799 §13; repealed by 2001 c.914 §30]
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[Repealed or reserved.]
ORS 633.471 [2001 c.914 §20; 2009 c.97 §14; repealed by 2015 c.514 §12]
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[Repealed or reserved.]
ORS 633.475 [1965 c.268 §7; repealed by 2001 c.914 §30]
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[Repealed or reserved.]
ORS 633.476 Record keeping for custom mix products; product identification; records inspection. (1) A person mixing or distributing a custom mix of fertilizer, agricultural amendment, agricultural mineral or lime products shall keep for a period of at least three years after mixing a record showing
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(a) The name and address of the purchaser; (b) The date of mixing; (c) A unique identifier for each mixture; (d) The guarantees and information required under ORS 633.321 to 633.341; and (e) Any other information required by the State Department of Agriculture. (2) Undistributed …
ORS 633.479 Fertilizer Research Committee. (1) There is created the Fertilizer Research Committee to advise the Director of Agriculture on the funding of grants for research and development related to the interaction of fertilizer, agricultural amendment or agricultural mineral products and ground water or surface water. The committee shall consist of the director or the director’s designee and six members appointed by the director as follows
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(a) Two members of the public who have no involvement in the manufacture or distribution of fertilizer, agricultural amendment or agricultural mineral products; (b) Three members representing the fertilizer, agricultural amendment or agricultural mineral industry; and (c) One mem…
ORS 633.480 [Repealed by 1965 c.268 §18]
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[Repealed or reserved.]
ORS 633.485 [1965 c.268 §17; 1977 c.799 §14; repealed by 2001 c.914 §30]
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ANHYDROUS AMMONIA
ORS 633.487 Definitions for ORS 633.487 to 633.491. As used in ORS 633.487 to 633.491
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(1) “Anhydrous ammonia”: (a) Means a liquid or gaseous inorganic compound that is formed by the chemical combination of nitrogen and hydrogen in the molar proportion of one part nitrogen to three parts hydrogen. (b) Does not mean ammonium hydroxide. (2) “Distributor” means a pers…
ORS 633.489 Certification of dyes or other additives; rules. (1) The State Department of Agriculture, by rule and in consultation with the Department of State Police, shall certify each brand of nontoxic dye or other additive that a distributor or user may add to anhydrous ammonia
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(2) In accordance with applicable provisions of ORS chapter 183, the State Department of Agriculture shall adopt rules establishing standards to be used in making certifications under this section and for the administration of ORS 633.491. In establishing the standards, the State…
ORS 633.491 Anhydrous Ammonia Additive Review Committee. (1) The Director of Agriculture, in consultation with the Superintendent of State Police, shall appoint an Anhydrous Ammonia Additive Review Committee consisting of not fewer than six members. The term of a member is four years, but a member serves at the pleasure of the director
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(2) Members of the committee are not entitled to compensation, but in the discretion of the director may be reimbursed from funds available to the State Department of Agriculture for actual and necessary travel and other expenses incurred by them in the performance of their offic…
ORS 633.495 [1965 c.268 §8; 1977 c.799 §15; 1979 c.29 §1; repealed by 2001 c.914 §30]
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[Repealed or reserved.]
ORS 633.500 [1977 c.799 §17; repealed by 2001 c.914 §30]
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[Repealed or reserved.]
ORS 633.510 [Repealed by 1955 c.379 §23]
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SEEDS
ORS 633.511 Definitions for ORS 633.511 to 633.750. As used in ORS 633.511 to 633.750
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(1) “Agricultural seed” means fiber, forage and grass crop seed and any other kind of seed or bulblet commonly recognized in this state as agricultural seed or as lawn or turf seed, and mixtures of any of such seeds, as may be determined by the Director of Agriculture. (2) “Certi…
ORS 633.520 Labeling agricultural seed or bulk flower seed. Each container of agricultural seed, or of more than one pound of flower seed, sold, offered or exposed for sale, or transported within this state shall bear or have attached in a conspicuous place a legibly written or printed label or tag prepared from information developed from a seed test as prescribed by rule by the Director of Agriculture and that states in the English language
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(1) The commonly accepted name of the kind or the kind and variety of each agricultural or flower seed component constituting in excess of five percent of the whole and the percentage by weight of each. If any such component is one that the director, pursuant to ORS 633.680, has …
ORS 633.530 [Repealed by 1955 c.379 §23]
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[Repealed or reserved.]