(1) A person may not:
(a) Sell, offer for sale or 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 and 633.994 or rules adopted thereunder;
(c) Sell, offer for sale or distribute adulterated products;
(d) Fail, refuse or neglect to deliver to a purchaser of a bulk fertilizer, agricultural amendment, agricultural mineral or lime product a printed label that complies with ORS 633.321 to 633.341;
(e) Sell, offer for sale or distribute a fertilizer, agricultural amendment, agricultural mineral or lime product that is not registered with the State Department of Agriculture under ORS 633.362;
(f) Fail, refuse or neglect to keep or maintain records as required under ORS 633.461, 633.471 and 633.476 or refuse to make available such records pursuant to ORS 633.385 upon request by the department;
(g) Make false or fraudulent applications, records, invoices or reports;
(h) Fail, refuse or neglect to provide notification to the department as required by ORS 633.318 (5) or 633.362 (8);
(i) Fail, refuse or neglect to obtain a manufacturer-bulk distributor license required under ORS 633.318;
(j) Sell, use or remove any product subjected to a stop sale, use or removal order until the product has been released in accordance with ORS 633.445;
(k) Impede, obstruct, hinder or otherwise prevent or attempt to prevent the department from the performance of department duties under ORS 633.311 to 633.479 and 633.994;
(L) Knowingly or intentionally make any false or misleading representations in connection with the sale, offer for sale or distribution of fertilizer, agricultural amendment, agricultural mineral or lime products;
(m) Fail, refuse or neglect to file a semiannual statement with the department as required under ORS 633.461 or 633.471; or
(n) Fail, refuse or neglect to pay inspection fees required under ORS 633.461.
(2) A fertilizer, agricultural amendment, agricultural mineral or lime product may be considered mislabeled if the label or labeling:
(a) Is false, misleading or deceptive;
(b) Does not accurately reflect the composition of the product;
(c) Requires warning statements or directions for use that may be necessary to protect humans, animals, water, aquatic life, soil or beneficial plant life and such warning statements or directions are not adequately stated on the label; or
(d) Does not comply with the requirements of ORS 633.321 to 633.341.
(3) A fertilizer, agricultural amendment, agricultural mineral or lime product may be considered adulterated if the product:
(a) Contains any deleterious or harmful ingredient in an amount that is injurious to humans, animals, water, aquatic life, soil or beneficial plant life when used in accordance with instructions for product use on the label;
(b) Differs in composition from that which is claimed on the label;
(c) Differs in composition from that which is claimed in the information provided in accordance with ORS 633.362; or
(d) Contains unwanted crop seed or weed seed. [2001 c.914 §16]
Section: Previous 633.345 633.350 633.351 633.360 633.361 633.362 633.364 633.366 633.370 633.371 633.380 633.385 633.388 633.390 633.400 NextLast modified: August 7, 2008