Title 49, Food and Other Commodities; Purity, Sanitation, Grades, Standards, Labels, Weights and Measures

(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 e…

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 sectio…

As used in ORS 633.311 to 633.479: (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 o…

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]

(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 busi…

(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 l…

In addition to the label requirements under ORS 633.321, the label for a lime product must include the following: (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 lim…

In addition to the label requirements under ORS 633.321, the label for an agricultural amendment must include the following: (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…

In addition to the label requirements under ORS 633.321, the label for an agricultural mineral must include the following: (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 s…

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]

(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 mi…

(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). (2) Notw…

(1) A person may not: (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 …

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 a…

(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. (2) The department may inspect the records, premises, mater…

(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 …

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: (1) Fertilizer, agricultural amendment, …

(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…

(1) A person shall file a semiannual tonnage report with the State Department of Agriculture if the person: (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 i…

(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: (a) Not to exceed $0.45 for each ton of fertilizer, …

(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: (a) The name and address of the purchaser; (b) The date of mixing; (c) A un…

(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. …

As used in ORS 633.487 to 633.491: (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 hydrox…

(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. (2) In accordance with applicable provisions of ORS chapte…

(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…

As used in ORS 633.511 to 633.750: (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 …

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…

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: (1) With the commonly accepted name of the kind or the kind and variety of th…

Each container of vegetable seed weighing more than one pound net weight shall be labeled with: (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…

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, 63…

(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 res…

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 agr…

(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: (a) The addition to either list of the name of the seed of any weed. (b) The removal fro…

(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 direc…

(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. (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 reasonabl…

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 o…

(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. (2) The varieties eligible for certification…

(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 s…

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 200…

(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: (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) Tha…

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: (1) Is incorrectly labeled or represented as to kind and variety or origin, if the seeds cann…

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, fl…

(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: (a) Enter during regular business hours any store, warehouse, mill, cleaning or storage place, depot or other structure, freight car or…

(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: (a) Licensing, suspension, reinstatement and revocatio…

(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 forc…

(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…

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,…

(1) As used in this section, “nursery seed” means any propagant of nursery stock as defined in ORS 571.005. (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 agricult…

(1) As used in this section: (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 enf…

ORS 633.738 does not apply to any local measure that was: (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 …