Chapter 281
AN ACT
HB 2287
Relating to flower seeds; amending ORS 633.511, 633.520, 633.531,
633.545, 633.550, 633.561, 633.571, 633.620, 633.630, 633.651, 633.655,
633.660, 633.670, 633.690 and 633.700.
Be It Enacted by the People of the
State of
SECTION 1.
ORS 633.511 is amended to read:
633.511. 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 Director of
Agriculture.
(2) “Certified,” as
applied to bulblets, tubers or horticultural plants or to agricultural, cereal
grain, flower or vegetable [or cereal
grain] seed, means inspected and labeled by and in accordance with the
standards and rules and regulations adopted by the dean under ORS 633.620 or in
accordance with similar standards established by some similar regularly
constituted authority in another state or country.
(3) “Conditioner” means
any person who cleans, blends, bags or stores seed.
(4) “Dean” means the
dean of the College of Agricultural Sciences of Oregon State University, or
agent.
(5) “Director” means the
Director of Agriculture, or agent.
(6) “Flower seed”
means seeds of herbaceous plants grown for their blooms, ornamental foliage or
other ornamental parts, and commonly known and sold in this state under the
name of flower or wildflower seeds.
[(6)] (7) “Inert matter” includes stones, dirt, leafage,
stems, badly broken seed and masses of spores.
[(7)] (8) “Labeling” includes all labels and other printed,
written or graphic representations in any form on the container of any seeds or
accompanying or pertaining to any seeds, whether in bulk or in containers, and
includes representations on invoices.
[(8)] (9) “Mixed seed” and “mixture” mean any lot of seed
that contains in excess of five percent by weight of each of two or more kinds
or varieties of agricultural, flower or vegetable seed.
[(9)] (10) “Other crop seed” means that part of any lot or
sample of seed that consists of [the seed
of cereal grain and agricultural and] agricultural, cereal grain, flower
or vegetable seeds other than those named on the label.
[(10)] (11) “Percentage of germination” means the percentage
of pure seed of a lot or sample that produces satisfactory sprouts before the
close of a standard germination test as prescribed pursuant to ORS 633.580.
[(11)] (12) “Percentage of hard seed” means the percentage of
pure seed of any lot or sample that remains in its normal hard condition at the
close of a standard germination test as prescribed pursuant to ORS 633.580.
[(12)] (13) “Prohibited noxious weed seed” means the seed of
weeds [which] that when established
are highly destructive, competitive and difficult to control by ordinary good
cultural practice.
[(13)] (14) “Pure seed” means the agricultural, flower
or vegetable seed of which there is the largest percentage by weight in any
unmixed lot or sample and, in the case of mixtures, includes any agricultural,
flower or vegetable seed consisting of not less than five percent by weight
of the kind or kinds of seed under consideration, as distinguished from other
crop seed, weed seed and inert matter.
[(14)] (15) “Restricted noxious weed seed” means the seed of
such weeds as are very objectionable in fields, lawns and gardens but can be
controlled by good cultural practice.
[(15)] (16) “Retailer” means any person who sells, offers or
holds for sale, agricultural, flower or vegetable seed to ultimate
consumers or users for planting purposes.
[(16)] (17) “Vegetable seed” means the seed of those crops
usually grown in Oregon in gardens or on truck farms or for canning and
freezing purposes and generally known and sold under the name of vegetable
seed.
[(17)] (18) “Weed seed” means any seed or bulblets other than
agricultural, cereal grain, flower or vegetable [or cereal grain seed].
[(18)] (19) “Wholesaler” means any person who sells, offers
or holds for sale, agricultural, flower or vegetable seed to retailers,
distributors, brokers or other wholesalers for resale.
SECTION 2.
ORS 633.520 is amended to read:
633.520. 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 [thereon] or have attached [thereto] in a conspicuous place a
legibly written or printed label or tag prepared from information developed
from a seed test as prescribed by rule by the Director of Agriculture and [which] that states in the English
language:
(1) The commonly
accepted name of the kind or the kind and variety of each agricultural or
flower seed component constituting in excess of five percent of the whole
and the percentage by weight of each. If any such component is one [which] that the director,
pursuant to ORS 633.680, has determined is generally labeled as to variety, the
label or tag shall bear, in addition to the name of the kind, either the name
of such variety or the statement “Variety Not Stated.” If more than one
agricultural or flower seed is named, the word “mixture” or the words “mixed
seed” shall appear conspicuously on the label or tag.
(2) The country or state
where grown. If unknown, the fact that the country or state where grown is
unknown shall be stated.
(3) The lot number or
other lot identification.
(4) The total
percentage, by weight, of other crop seed.
(5) The total
percentage, by weight, of weed seed.
(6) The total
percentage, by weight, of inert matter.
(7) The name and number
per pound of each kind of noxious weed seed restricted in Oregon, or the
statement “No Noxious Found,” or a similar statement, if the sample is free of
all noxious weed seeds listed in the administrative rules.
(8) For each named
agricultural or flower seed:
(a) The percentage of
germination. If germination data is based on tests other than sprouting, that
shall be so stated on the label.
(b) The percentage of
hard seed, if more than one percent.
(9) The month and year the
test to determine the data required by this section was completed.
(10) The name and
address of the person who labeled the seed or who sells, offers or exposes such
seed for sale within the state.
(11) The year and month
beyond which an inoculant, if shown in the labeling, is no longer claimed to be
effective.
(12) If such seed or
mixture is intended for seeding purposes and has been treated, the following:
(a) A statement that the
seeds have been treated.
(b) The commonly
accepted chemical or abbreviated chemical name of any substance used in such
treatment.
(c) A descriptive
statement, approved by the director as adequate for the protection of the
public, of any process used in such treatment.
(d) If the substances
used in such treatment in the amount remaining with the seeds is harmful to
humans or other vertebrate animals, an appropriate warning statement, approved
by the director as adequate for the protection of the public.
(13) A statement of the
net quantity of the contents of each container in terms of the net weight of
such container.
SECTION 3.
ORS 633.531 is amended to read:
633.531. 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 the seed.
(2) With the name and
address of the person who labeled the seed or who sells, offers or exposes such
seed for sale within this state.
(3) With the year for
which the seed was packed for sale, or the percentage of germination and the
date the test was completed.
(4) In the case of seed
[which] that has a percentage
of germination less than the standard prescribed by the Director of Agriculture
under authority of ORS 633.680, with:
(a) The percentage of
germination.
(b) The percentage of
hard seed, if more than one percent.
(c) The month and year
the test to determine the data required by this section was completed.
(d) The words “substandard
germination” in not less than eight-point boldfaced type.
(5) With the labeling
data required by ORS 633.520 (12) and (13).
SECTION 4.
ORS 633.545 is amended to read:
633.545. 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, 633.531 and 633.541.
SECTION 5.
ORS 633.550 is amended to read:
633.550. (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 respect to such seed shall
conform to those sections:
(a) When sold to be
recleaned before being sold, offered or exposed for sale for seeding purposes.
(b) When held in storage
or consigned to a seed handling establishment for conditioning.
(c) When held, sold or
exposed for sale for milling, food or feeding purposes only.
(d) When transported
from field to conditioner and between conditioner and dealer. However, if
labeled, the seed must be labeled accurately.
(2) Containers of
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 when such containers are filled in the
presence of the purchaser from bins or other bulk display containers if such
bins or bulk display containers are labeled with the information otherwise
required to be present on individual packages of such seed.
SECTION 6.
ORS 633.561 is amended to read:
633.561. The director
shall prepare a list of prohibited noxious weed seeds[,] and a list of restricted noxious weed seeds[, on which latter list]. 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 agricultural, flower
or vegetable seed.
SECTION 7.
ORS 633.571 is amended to read:
633.571. (1) The
director, 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 from
either list of the name of the seed of any weed.
(c) A change in the list
of restricted noxious weed seeds of the number of such seeds per pound that may
be present in agricultural, flower or vegetable seed.
(2) In determining
whether the name of the seed of any weed should be added to or removed from
either list, or whether a change should be made in the number of any restricted
noxious weed seed that may be present in agricultural, flower or
vegetable seed, the director and the dean shall consider the following factors:
(a) The prevalence of
such weed in the state.
(b) The potential effect
upon the seed industry and agriculture generally.
(c) Means of effective
control or eradication.
(d) Toxicity to animals,
including humans.
(e) Methods of
separation from other seeds.
(f) Any other factor
that may in the judgment of the director and the dean be a reasonable ground
for making such change.
(3) The director shall
cause all changes made pursuant to this section to be given to the press and
printed in pamphlet form available for distribution.
SECTION 8.
ORS 633.620 is amended to read:
633.620. (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, the rules and regulations and standards for such
certification that will provide for seed of high quality and the official seals
and tags shall be determined upon and adopted by the dean.
(3) The dean may establish
field inspection fees and charges for inspection and certification in an amount
sufficient to cover the cost of such work. The dean may also charge the
approximate cost price for tags, ties and seals and make charges covering the
cost of field, threshed-seed or bin inspections when such inspections are
called for at such times and places as to involve a total expense in excess of
the income from the established fees or charges. In all cases the fees and
charges shall be fixed at a rate that will cover the approximate cost of the
work.
(4) The dean may
authorize the inspection and certification of tubers and agricultural, cereal
grain, flower and vegetable seeds without the collection of fees when
grown in areas not in excess of one acre by members of 4-H Clubs and of the
Future Farmers of America.
(5)(a) Notwithstanding
any other provision of this section, the dean may enter into agreements with
appropriate agricultural or educational agencies of the State of
(b) As used in this
subsection “hard seed” means alfalfa, beans, clover, peas, soybean, trefoil,
vetch, barley, oats, rye, triticale, wheat, buckwheat, lupine, rape, sunflower,
sugar beets, vegetable seed, flower seed and corn.
(6) Notwithstanding any
other provision of this section, and in addition to the authority granted by
subsection (5) of this section, the dean may enter into agreements with
appropriate public or private agencies to assist the
SECTION 9.
ORS 633.630 is amended to read:
633.630. (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 shall be maintained by the dean,
who may expend such funds for no other purposes than the following:
(a) Salaries, wages and
necessary travel and other expenses of employees while on official duty.
(b) The purchase of
necessary equipment, materials and supplies.
(c) Other expenses
necessary to the carrying out of such inspection and certification.
(2) The expenditures
shall be made in accordance with the usual disbursement of receipts of the
cooperative agricultural extension service.
SECTION 10.
ORS 633.651 is amended to read:
633.651. (1) [No person shall] 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) That bears a label
that is false or misleading;
(c) That contains any
prohibited noxious weed seeds;
(d) That contains
restricted noxious weed seeds in excess of the permissible numbers per pound
established under ORS 633.561 or 633.571 (2);
(e) That has not been
tested within the 18 months next preceding such sale, offering for sale,
exposure for sale or transportation, not including the calendar month in which
the test was completed, to determine the percentage of germination for the
labeling requirements of ORS 633.520, 633.531 and 633.541. The Director of
Agriculture may, pursuant to the authority of ORS 633.680, establish by order a
shorter period for kinds of seed [which]
that the director finds under ordinary conditions of handling will not
maintain a germination within the established limits of tolerance during an
18-month period, or longer period for kinds of such seed [which] that are packaged in such container materials and
under such conditions as the director may determine will, during such longer
period, maintain the viability of the seed under ordinary conditions of
handling. Any person in possession of seeds shall keep on file available for
State Department of Agriculture inspection the original or duplicate copy of the
latest test made of such seeds [which
shall show] that shows, in addition to the information required by
the provisions of this section, the date and the name of the person making such
test; or
(f) That, if it is a
variety for which a certificate of plant variety protection under the federal
Plant Variety Protection Act specifies sale only as a class of certified seed,
is sold or exposed for sale by variety name but has not been so certified by
any official seed certifying agency. However, seed from a certified lot may be
labeled as to variety name when used in a mixture by, or with the written
approval of, the owner of the variety.
(2) [No person shall] A person may not
substitute uncertified for certified seed.
(3) [No person shall] A person may not
use tags or seals indicating certification other than as prescribed by a
certification agency, as authorized by ORS 633.620 or 633.511 (2).
(4) Unless the tuber,
horticultural plant or agricultural, cereal grain, flower or vegetable [or cereal grain] seed has been produced,
tested, examined and labeled in accordance with ORS 633.511 to 633.750 and the
rules and regulations of this state or the official certification agency of
another state, territory or country, [no
person shall] a person may not:
(a) Sell, offer for
sale, expose for sale, advertise or transport any such tuber, plant or seed
representing it to be certified; or
(b) Use in connection
with such tuber, plant or seed any tags or seals similar to those used in
official certification, as established pursuant to ORS 633.620 or 633.511 (2).
(5) [No person shall] A person may not
alter or falsify any seed labels, seed tests, records or other documents
pertaining to seed dealings.
SECTION 11.
ORS 633.655 is amended to read:
633.655. [No person shall be] 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, [which] if the seeds cannot be identified except by a field
test [thereof], when such person:
(a) Obtains an invoice
or grower’s declaration stating the kind, or kind and variety, and origin, if
required;
(b) Takes such invoice
or grower’s declaration in good faith; and
(c) Takes such other
precautions as are reasonable to [insure]
ensure the identity of the seeds to be as stated.
(2) Does not conform to
the label on the container [thereof],
but is within the tolerances authorized by the director under ORS 633.680 (1).
SECTION 12.
ORS 633.660 is amended to read:
633.660. 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, flower and vegetable seeds for
certification, as provided by ORS 633.600 to 633.640, shall be done by the
dean.
SECTION 13.
ORS 633.670 is amended to read:
633.670. (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 other vehicle, in which agricultural, flower
or vegetable seeds are being sold or offered for sale, stored, handled or
transported.
(b) Either alone or in
the presence of a representative or employee of the person whose premises are
so entered, examine and inspect any agricultural, flower or vegetable
seeds being possessed, sold, offered or exposed for sale for planting purposes,
in this state, for their compliance with those sections.
(c) Draw or cause to be
drawn a representative sample of any lot of such seed for official testing and
analysis or, in the case of individually packaged seeds, select a number of
such packages as a representative sample.
(d) Examine any records
or documents pertaining to any seed being sold or offered for sale, or records
pertaining to any seed that has previously been sold or any other records
involved in seed dealings.
(2) Any sample so drawn
may represent any lot, or portion of such lot, of such seed [which] that shall be divided, at
the request of the owner or person in charge, into two approximately duplicate
samples, each of which shall be properly identified, labeled and sealed in
accordance with the rules and regulations adopted under ORS 633.680. One of the
samples shall be transmitted to the agricultural experiment station seed
laboratory at
(3) The director may
seize any container of agricultural, flower or vegetable seed possessed,
sold, offered or exposed for sale for planting purposes in this state that
appears to be in violation of any of the provisions of ORS 633.511 to 633.750,
and proceed in the manner directed by law for the disposal of products seized
by the State Department of Agriculture.
(4) Any sample taken
under those sections, and the report showing the results of the official test
made on any such sample, shall be prima facie evidence in any court in this
state of the true condition of the entire lot, in the examination of which the
sample was taken.
(5) A copy of the result
of any such test shall be mailed to the person or authorized representative, if
known, owning, possessing or holding the seed from which the sample was drawn.
(6) The director may
cause to be published in the official paper or bulletin of the department a
report of all seed inspection work done for regulatory purposes and shall
indicate in the report:
(a) The name and address
of each person whose seed was inspected.
(b) The total number of
such inspections.
(c) The number and kind
of seeds of which samples were inspected and tested.
(d) The number or a list
of samples complying with ORS 633.511 to 633.750.
(e) A detailed list
showing kinds of seed and the nature of violations of any of the provisions of
those sections as found in the inspection and testing of any such seeds
belonging to any such person.
SECTION 14.
ORS 633.690 is amended to read:
633.690. (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 force shall not necessarily be
quarantined; and any such seeds in tight containers in transit directly through
this state, to points outside this state, [shall
not be] are not subject to quarantine. Any such seeds from outside
this state, that are destined to points in this state for conditioning
purposes, for later use in this state, or for shipment from this state, shall
be held under quarantine until such seeds comply with ORS 633.511 to 633.750.
(2) The director may
draw necessary samples of such seed and hold such seed until the necessary
tests are completed and arrangements for the disposition of the seed are
consummated. If the seed is found to be in compliance with those sections it
shall be immediately released. If the seed is found to be in violation of any
part of those sections, the director shall so notify the shipper and, unless
the director is instructed to return such seed within 30 days or unless such
seed is put in condition to comply with the provisions of those sections and
all costs covering such inspection and seizure are paid, the director shall
cause the seed to be destroyed.
SECTION 15.
ORS 633.700 is amended to read:
633.700. (1) [No person may] A person may not
sell, offer or expose for sale in this state any agricultural or vegetable
seeds unless the person holds an unsuspended license issued by the State
Department of Agriculture. A person selling, offering or exposing for sale
only flower seeds at retail must hold an unsuspended license issued by the
department. However, any person selling seeds of the person’s own
production exclusively, and persons selling only flower or vegetable
seeds at retail, in packages weighing not in excess of one-half pound, as
prepared for such trade by other seed companies, if the seed company preparing
such packaged seed for sale, has a license in force for the sale of such seed
in this state, is not required to secure such license. For the purposes of this
section, persons operating more than one branch, plant or warehouse where seeds
are sold, offered or exposed for sale shall secure a separate license for each
such branch, plant or warehouse.
(2) Any person desiring
to sell, offer or expose for sale in this state any agricultural, flower
or vegetable seeds, for planting purposes, except as provided in this section,
shall make application to the director for a license for this purpose. The
application shall be signed by the applicant or the authorized agent of the
applicant and shall be in a form approved by the director. Upon presentation of
such signed application for a license and the tendering of the license fee
established by the department pursuant to subsection (3) of this section, the
department shall issue the license to the applicant. The license shall expire
June 30 next following the date of issuance.
(3) The department shall
establish annual license fees, not to exceed $40 for a retailer’s license and
not to exceed $400 for a wholesaler’s license. Only one license shall be
required for one person’s operation at one location.
Approved by the Governor June 1, 2007
Filed in the office of Secretary of State June 1, 2007
Effective date January 1, 2008
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