Oregon Statutes - Chapter 571 - Nurseries; Growers; Dealers; Christmas Tree Growers

• 571.005   Definitions 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...
• 571.010   [Repealed by 1963 c.461 §34]
• 571.015   Policy; department to maintain nursery service; duties.
  (1) The Legislative Assembly finds and declares that the propagation and raising of nursery stock is an agricultural pursuit that should be regulated and assisted...
• 571.020   [Repealed by 1963 c.461 §34]
• 571.025   State Nursery Research and Regulatory Committee.
  (1) In order that there may be the closest contact between the State Department of Agriculture and the problems of the nursery industry, there hereby...
• 571.030   [Repealed by 1963 c.461 §34]
• 571.035   Department list of nursery stock.
  The State Department of Agriculture shall as authorized by ORS chapter 183 establish and maintain a list of cut greenery which shall be nursery stock...
• 571.038   Plant Pest and Disease Emergency Response Fund.
  (1) The Plant Pest and Disease Emergency Response Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by...
• 571.040   [Repealed by 1963 c.461 §34]
• 571.045   Exemption from licensing requirements.
  ORS 571.055 (1) and 571.057 do not apply to: (1) Any person whose business consists only of retail sales to the ultimate consumer and the...
• 571.050   [Repealed by 1963 c.461 §34]
• 571.055   License required to grow or deal in nursery stock; false representations or statements regarding licenses.
  (1) No person, without first obtaining a license from the State Department of Agriculture, shall: (a) Operate as a grower, dealer or agent. (b) Advertise...
• 571.057   License application; contents; fee; assessments.
  (1) Each person required to be licensed by ORS 571.055 shall make application for such license, or for renewal thereof, on a form furnished by...
• 571.059   License fee surcharge.
  (1) As used in this section, “dealer” and “grower” have the meanings given those terms in ORS 571.005. (2) The State Department of Agriculture shall...
• 571.060   [Repealed by 1963 c.461 §34]
• 571.063   Temporary nursery sale license; application; fee; conditions.
  (1) Upon payment of a fee of $5, a temporary nursery sale license may be issued by the State Department of Agriculture for the holding...
• 571.065   [1963 c.463 §6; repealed by 1971 c.756 §9]
• 571.070   [Repealed by 1963 c.461 §34]
• 571.075   Renewal of license; rules; forfeiture.
  (1) The fees for the renewal of the annual licenses and the fees for inspections required by ORS 571.005 to 571.230 and 571.991 shall be...
• 571.080   [Repealed by 1963 c.461 §34]
• 571.085   [1963 c.461 §13; repealed by 1971 c.756 §9]
• 571.090   [Repealed by 1963 c.461 §34]
• 571.095   Form of license; display required.
  All licenses issued under ORS 571.005 to 571.230 and 571.991 shall: (1) Include the date of issue. (2) Expire on June 30, next following the...
• 571.100   [Repealed by 1963 c.461 §34]
• 571.105   Agent’s license.
  (1) No agent’s license shall be issued or valid unless the agent’s principal has given the State Department of Agriculture written authorization to issue the...
• 571.110   [Repealed by 1963 c.461 §34]
• 571.115   License not transferable; moving place of business.
  (1) A license is personal to the applicant and may not be transferred. A new license is necessary if the business entity of the licensee...
• 571.120   [Repealed by 1963 c.461 §34]
• 571.125   Suspension, revocation or refusal of license.
  The State Department of Agriculture may, as provided in ORS chapter 183, suspend, revoke or refuse to issue or renew the license of any person...
• 571.130   [Repealed by 1963 c.461 §34]
• 571.135   Shipping permits, shipping invoices and bills of lading accompanying shipments and deliveries; retention; exceptions.
  (1) The State Department of Agriculture may issue a shipping permit number to any licensee who requests or requires one. The shipping permit number shall...
• 571.140   [Repealed by 1963 c.461 §34]
• 571.145   Inspection of licensed and unlicensed nurseries; additional inspections and special services; fees.
  (1) The State Department of Agriculture shall inspect each licensed nursery at least once each fiscal year as often thereafter as the department considers necessary...
• 571.147   Department audit of books and records of licensees; suspension of license for failure to submit to audit.
  (1) The State Department of Agriculture is authorized to audit the books and records of applicants or licensees, as it deems necessary, in order to...
• 571.150   [Repealed by 1963 c.461 §34]
• 571.160   General prohibition.
  No person, individually or acting for another person, such as an official or employee acting for a corporation, shall violate ORS 564.040, 564.991, 571.005 to...
• 571.170   Substitution or transportation of uninspected nursery stock prohibited.
  No person shall: (1) Substitute other nursery stock for nursery stock covered by an inspection certificate. (2) Transport or accept for transportation nursery stock that...
• 571.180   Misrepresentation of nursery stock by grower, dealer or agent prohibited; tag or label required on fruit trees.
  (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...
• 571.190   Knowingly selling, advertising or displaying damaged, misrepresented or mislabeled nursery stock prohibited.
  No person shall knowingly offer to sell, advertise or display nursery stock: (1) That is dead, in a dying condition, seriously broken, desiccated, frozen or...
• 571.200   Knowingly offering to sell, moving or storing infected or infested nursery stock prohibited.
  (1)(a) No person shall knowingly offer to sell nursery stock that is infected or infested. (b) Unless the nursery stock is held for separation or...
• 571.210   Hold order on defective nursery stock; condemnation.
  (1) When the State Department of Agriculture has cause to presume that any nursery stock will not perform in a normal manner, the officials, employees...
• 571.220   Imported nursery stock to bear certificate of origin; contents.
  Nursery stock imported into Oregon must be accompanied by a certificate from the place of origin, signed by an authorized agent or representative of the...
• 571.230   Disposition and use of moneys received.
  (1) Except for fees paid under ORS 571.057, 571.063 and 571.145 (3), the State Department of Agriculture shall deposit all fees paid to it under...
• 571.240   [1963 c.461 §14; 1967 c.637 §12; repealed by 1971 c.756 §9]
• 571.250   Interagency agreement to ensure compliance.
  The State Landscape Contractors Board and the State Department of Agriculture shall enter into an interagency agreement to address how the board and the department...
• 571.505   Definitions for ORS 571.510 to 571.580.
  As used in ORS 571.510 to 571.580, unless the context requires otherwise: (1) “Acre of Christmas trees” means an acre of land upon which Christmas...
• 571.510   Policy; department to maintain Christmas tree service; duties.
  (1) The Legislative Assembly finds and declares that the propagation and raising of Christmas trees is a silvicultural and agricultural pursuit that should be regulated...
• 571.515   State Christmas Tree Advisory Committee.
  (1) In order that there may be the closest contact between the State Department of Agriculture and the problems of the Christmas tree industry, there...
• 571.520   Exemptions from licensing requirements.
  ORS 571.525 and 571.530 do not apply to: (1) Any grower owning one acre or less of Christmas trees and whose business consists only of...
• 571.525   License required to operate as grower.
  No person shall operate as a grower without first obtaining a license therefor from the State Department of Agriculture. [1985 c.197 §5]
• 571.530   License application; contents; fee.
  (1) Each person required to be licensed by ORS 571.525 shall make application for such license or for renewal thereof on a form furnished by...
• 571.535   Renewal of license; rules.
  (1) The fees for the renewal of the annual licenses required by ORS 571.505 to 571.580 shall be paid with the application for license renewal...
• 571.540   Form of license; display required.
  All licenses issued under ORS 571.505 to 571.580 shall: (1) Include the date of issue. (2) Expire on June 30, next following the date of...
• 571.545   License not transferable; notice of change of business organization; additional assessment for trees not subject to fee.
  (1) A license is personal to the applicant and may not be transferred. The licensee shall notify the State Department of Agriculture in writing if...
• 571.550   Suspension, revocation or refusal of license.
  As provided in ORS chapter 183, the State Department of Agriculture may suspend, revoke or refuse to issue or renew the license of any person...
• 571.555   Issuance of shipping permit numbers.
  (1) The State Department of Agriculture shall issue a shipping permit number to any qualified licensee who requests or requires one. Such number shall be...
• 571.560   Inspections for pest, disease and weed control; additional inspections for special certificates.
  (1) The State Department of Agriculture shall inspect licensed grower’s operations as often as the department considers necessary to determine and control pest, disease and...
• 571.565   Department to determine accuracy of acreage reporting for fee calculations.
  The State Department of Agriculture shall use all appropriate methods to determine the accuracy of acreage reporting to determine the license fee prescribed by ORS...
• 571.570   Substitution or transportation of uninspected Christmas tree stock.
  No person shall: (1) Substitute other Christmas tree stock for Christmas tree stock covered by an inspection certificate. (2) Transport or accept for transportation Christmas...
• 571.575   Knowingly offering to sell infected or infested Christmas tree stock.
  (1)(a) No person shall knowingly offer to sell Christmas tree stock that is infected or infested. (b) Unless the Christmas tree stock is held for...
• 571.580   Disposition and use of moneys received.
  The State Department of Agriculture shall deposit all fees paid to it under ORS 571.505 to 571.580 in the Department of Agriculture Service Fund, and...
• 571.990   [Repealed by 1963 c.461 §34]
• 571.991   Penalties for ORS 571.005 to 571.230.
  Subject to ORS 153.022, violation of ORS 571.005 to 571.230 or rules adopted thereunder is punishable, upon conviction, by a fine of not more than...
• 571.995   Penalties for ORS 571.525, 571.570 and 571.575.
  Violation of ORS 571.525, 571.570 or 571.575, or of any rules adopted pursuant thereto, is a misdemeanor. [1985 c.197 §17]
• 571.997   Civil penalties for ORS 571.055 and 571.525.
  (1) In addition to any applicable criminal penalty under ORS 571.991 or 571.995 or any other penalty, a person who violates ORS 571.055 or 571.525...

Last modified: August 7, 2008