ORS Chapter 571

Chapter 571 — NurseryStock; Licensed Crop and Christmas Tree Growers,

Handlers andDealers

 

2009 EDITION

 

NURSERYSTOCK; CROPS; CHRISTMAS TREES

 

AGRICULTURE

 

NURSERYSTOCK GROWERS, DEALERS AND AGENTS

 

571.005     Definitionsfor ORS 571.005 to 571.230

 

571.015     Policy;department to maintain nursery service; duties

 

571.025     StateNursery Research and Regulatory Committee

 

571.038     PlantPest and Disease Emergency Response Fund

 

571.045     Exemptionfrom licensing requirements

 

571.055     Licenserequired to grow or deal in nursery stock; false representations or statementsregarding licenses

 

571.057     Licenseapplication; contents; fee; assessments

 

571.059     Licensefee surcharge

 

571.063     Temporarynursery sale license; application; fee; rules; conditions

 

571.075     Renewalof license; rules; forfeiture

 

571.095     Formof license; display required

 

571.105     Agent’slicense

 

571.115     Licensenot transferable; moving place of business

 

571.125     Suspension,revocation or refusal of license

 

571.135     Shippingpermits, shipping invoices and bills of lading accompanying shipments anddeliveries; retention; exceptions

 

571.145     Inspectionof licensed and unlicensed nurseries; additional inspections and specialservices; fees

 

571.147     Departmentaudit of books and records of licensees; suspension of license for failure tosubmit to audit

 

571.160     Generalprohibition

 

571.170     Substitutionor transportation of uninspected nursery stock prohibited

 

571.180     Misrepresentationof nursery stock by grower, dealer or agent prohibited; tag or label requiredon fruit trees

 

571.190     Knowinglyselling, advertising or displaying damaged, misrepresented or mislabelednursery stock prohibited

 

571.200     Knowinglyoffering to sell, moving or storing infected or infested nursery stockprohibited

 

571.210     Holdorder on defective nursery stock; condemnation

 

571.220     Importednursery stock to bear certificate of origin; contents

 

571.230     Dispositionand use of moneys received

 

571.250     Interagencyagreement to ensure compliance

 

INDUSTRIALHEMP GROWERS AND HANDLERS

 

571.300     Definitionsfor ORS 571.300 to 571.315

 

571.305     Licensesand permits; regulation by department; retention of seed; records; inspections;rules; fees

 

571.315     Revocationor refusal of license or permit; civil penalty

 

GINSENGGROWERS AND DEALERS

 

571.350     Definitionsfor ORS 571.350 to 571.360

 

571.355     Licenserequired; prohibitions

 

571.360     Rules;fees

 

571.365     Revocation,suspension or denial of or refusal to renew license; civil penalty; rules

 

571.370     Dispositionof fee moneys

 

CHRISTMASTREE GROWERS

 

571.505     Definitionsfor ORS 571.510 to 571.580

 

571.510     Policy;department to maintain Christmas tree service; duties

 

571.515     StateChristmas Tree Advisory Committee

 

571.520     Exemptionsfrom licensing requirements

 

571.525     Licenserequired to operate as grower

 

571.530     Licenseapplication; contents; fee

 

571.535     Renewalof license; rules

 

571.540     Formof license; display required

 

571.545     Licensenot transferable; notice of change of business organization; additionalassessment for trees not subject to fee

 

571.550     Suspension,revocation or refusal of license

 

571.555     Issuanceof shipping permit numbers

 

571.560     Inspectionsfor pest, disease and weed control; additional inspections for specialcertificates

 

571.565     Departmentto determine accuracy of acreage reporting for fee calculations

 

571.570     Substitutionor transportation of uninspected Christmas tree stock

 

571.575     Knowinglyoffering to sell infected or infested Christmas tree stock

 

571.580     Dispositionand use of moneys received

 

PENALTIES

 

571.991     Penaltiesfor ORS 571.005 to 571.230

 

571.993     Penaltyfor violation of ORS 571.355

 

571.995     Penaltiesfor ORS 571.525, 571.570 and 571.575

 

571.997     Civilpenalties for ORS 571.055 and 571.525

 

NURSERYSTOCK GROWERS, DEALERS AND AGENTS

 

      571.005Definitions for ORS 571.005 to 571.230. 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 purchaseor sale of nursery stock for any principal who is not licensed under ORS571.005 to 571.230 and 571.991.

      (2)“Dealer”:

      (a)Means any person who deals in, sells, handles, consigns or accepts onconsignment, imports, stores, displays or advertises nursery stock which theperson has not grown.

      (b)Does not mean a person whose business is located out of state and who importsand sells such nursery stock not grown in Oregon into this state and who onlysolicits such nursery stock sales through salesmen or representatives or bymail or advertisement. Such person to be exempt as a dealer must not own,lease, control or maintain buildings, warehouses or any location or place inOregon in which or through which such nursery stock is stored, sold, offeredfor sale or held for sale or delivered therefrom. The nursery stock must beshipped direct from the out-of-state location or place of business to thegrower, wholesaler, retailer or ultimate consumer or user in Oregon.

      (3)“Department” means the State Department of Agriculture.

      (4)“Grower” means any person who grows nursery stock.

      (5)“Nursery stock” includes all botanically classified plants or any part thereof,such as floral stock, herbaceous plants, bulbs, buds, corms, culms, roots,scions, grafts, cuttings, fruit pits, seeds of fruits, forest and ornamentaltrees and shrubs, berry plants, and all trees, shrubs and vines and plantscollected in the wild that are grown or kept for propagation or sale. “Nurserystock” does not include:

      (a)Field and forage crops.

      (b)The seeds of grasses, cereal grains, vegetable crops and flowers.

      (c)The bulbs and tubers of vegetable crops.

      (d)Any vegetable or fruit used for food or feed.

      (e)Cut flowers, unless stems or other portions thereof are intended forpropagation.

      (6)“Person” includes but is not limited to each branch store or place of businessin which or at which the business of the dealer or grower is conducted and eachmember of a cooperative association.

      (7)“Sell” or “sale” means to offer, expose or hold for sale, have for the purposeof sale, or to solicit orders for sale, or to deliver, distribute, exchange,furnish or supply. [1963 c.461 §1; 1977 c.638 §1]

 

      571.010 [Repealed by1963 c.461 §34]

 

      571.015Policy; department to maintain nursery service; duties. (1) TheLegislative Assembly finds and declares that the propagation and raising ofnursery stock is an agricultural pursuit that should be regulated and assistedby the State Department of Agriculture. A nursery service shall be maintainedwithin the department for the purpose of carrying out and enforcing theprovisions of ORS 564.040, 564.991, 571.005 to 571.230 and 571.991.

      (2)The department is authorized to:

      (a)Inspect the nursery stock of growers, dealers and other persons and places ofbusiness provided for under ORS 564.040, 564.991, 571.005 to 571.230 and571.991.

      (b)Issue certificates and permits and check the license and licensing of personsaffected by ORS 564.040, 564.991, 571.005 to 571.230 and 571.991.

      (c)Investigate violations of ORS 564.040, 564.991, 571.005 to 571.230 and 571.991.

      (d)Disseminate information among growers relative to treatment of nursery stockfor both prevention and elimination of attacks by plant pests and diseases.

      (e)Carry out any other duties or responsibilities which are of service to thenursery industry or which may be necessary for the protection thereof. [1953c.461 §4; 1983 c.730 §4]

 

      571.020 [Repealed by1963 c.461 §34]

 

      571.025State Nursery Research and Regulatory Committee. (1) In orderthat there may be the closest contact between the State Department ofAgriculture and the problems of the nursery industry, there hereby is created aState Nursery Research and Regulatory Committee which shall consist of sevenmembers appointed by the Director of Agriculture. The director, as far aspracticable, shall make appointments so that all segments of the nurseryindustry are represented on the committee.

      (2)The term of each member shall be for three years, beginning on July 1 of theyear of appointment. Vacancies in office shall be filled by appointment for theunexpired term. At the first meeting after July 1 in each year, the committeeshall elect a chairperson.

      (3)The functions of the committee shall be to advise and counsel with thedepartment in the administration of ORS 564.040, 564.991, 571.005 to 571.230and 571.991 and review the nursery inspection program.

      (4)The committee shall meet at the call of the chairperson or the director of theState Department of Agriculture. A majority of the members present at anymeeting shall constitute a quorum, and a majority vote of the quorum at anymeeting shall constitute an official act of the committee. [1963 c.461 §3; 1967c.208 §3; 1979 c.309 §1; 1993 c.683 §1]

 

      571.030 [Repealed by1963 c.461 §34]

 

      571.035 [1963 c.461 §2;repealed by 2009 c.98 §31]

 

      571.038Plant Pest and Disease Emergency Response Fund. (1) The PlantPest and Disease Emergency Response Fund is established in the State Treasury,separate and distinct from the General Fund. Interest earned by the Plant Pestand Disease Emergency Response Fund shall be credited to the fund.

      (2)The fund shall consist of all moneys deposited to the fund under ORS 571.059.Moneys deposited to the fund are continuously appropriated to the StateDepartment of Agriculture for use as provided in subsection (3) of thissection. Expenditures from the fund are not subject to state expenditurelimitations. The fund is not subject to allotment of moneys under ORS 291.234to 291.260.

      (3)The department, after consultation with the State Nursery Research andRegulatory Committee, may use fund moneys for responding to pest and diseaseemergencies. The department may use fund moneys only to the extent necessary toprotect the industries represented by persons licensed under ORS 571.057. [2005c.540 §1]

 

      Note: 571.038 was enactedinto law by the Legislative Assembly but was not added to or made a part of ORSchapter 571 or any series therein by legislative action. See Preface to OregonRevised Statutes for further explanation.

 

      571.040 [Repealed by1963 c.461 §34]

 

      571.045Exemption from licensing requirements. ORS 571.055 (1) and 571.057 do notapply to:

      (1)Any person whose business consists only of retail sales to the ultimateconsumer and the total of such sales of nursery stock does not exceed $250during a fiscal year. Except as provided in subsection (2) of this section, theprovisions of ORS 564.040, 564.991, 571.005 to 571.230 and 571.991 apply at anytime the sales of nursery stock exceed $250 during a fiscal year.

      (2)A person licensed as a landscape contracting business under ORS 671.560 and671.565 who does not grow plants, does not store plants except as provided bythe State Department of Agriculture by rule, and acquires all plants from anursery licensed under this chapter. [1963 c.461 §15; 1971 c.756 §1; 1975 c.110§1; 1977 c.638 §2; 1999 c.535 §1; 2007 c.541 §6]

 

      571.050 [Repealed by1963 c.461 §34]

 

      571.055License required to grow or deal in nursery stock; false representations orstatements regarding licenses. (1) No person, without first obtaininga 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, storeor other place of business.

      (c)Advertise nursery stock for sale by the use of signboards, placards, publiccommunications media, newspapers, business letterhead stationery or othercirculating medium.

      (d)Transport, move, store or warehouse nursery stock grown or held for sale.However, this paragraph does not apply to common carriers.

      (2)No person shall:

      (a)Falsely represent that the person is a licensed grower, dealer or agent.

      (b)Willfully make a false statement when making an application for a license. [1963c.461 §§5,9]

 

      571.057License application; contents; fee; assessments. (1) Each personrequired to be licensed by ORS 571.055 shall make application for such license,or for renewal thereof, on a form furnished by the State Department ofAgriculture, which shall contain:

      (a)The name and address of the applicant, the number of locations to be operatedby the applicant and the addresses thereof, and the assumed business name ofthe applicant;

      (b)If other than an individual, a statement whether such person is a partnership,corporation or other organization;

      (c)The gross dollar volume of sales or purchases of nursery stock b