(1) No grower, dealer or agent shall:
(a) Sell nursery stock representing it to be a name, age or variety different from what the nursery stock actually is.
(b) Represent that any nursery stock is a new variety, when in fact it is a standard variety and has been given a new name.
(c) Sell or represent cormels as corms or bulblets as bulbs.
(2) In addition to the provisions of ORS 632.450 to 632.490 and 632.900 to 632.985, all other laws relating to labeling and the provisions of subsection (1) of this section, the grower, dealer or agent shall attach to every bundle of fruit-bearing trees sold or shipped within this state a tag or label specifying the name of the variety of trees contained therein. If the bundle shall contain trees of different varieties, such label or tag shall be attached to each tree or group of trees of the same variety. The purchaser of any fruit-bearing tree or trees not true to name as specified on such tag or label, shall have a remedy at law in a civil action to recover the damages sustained. Such action may be brought at any time prior to the third bearing year. [1963 c.461 §19; 2001 c.104 §232]
Section: Previous 571.135 571.140 571.145 571.147 571.150 571.160 571.170 571.180 571.190 571.200 571.210 571.220 571.230 571.240 571.250 NextLast modified: August 7, 2008