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 purchase or sale of nursery stock for any principal who is not licensed under ORS 571.005 to 571.230 and 571.991. (2) “Dealer”: (a) Means any person who deals in, sells, […]
(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 by the State Department of Agriculture. A nursery service shall be maintained within the department for the purpose of carrying out and enforcing the provisions of ORS 564.040, 564.991, 571.005 […]
(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 is created a State Nursery Research and Regulatory Committee which shall consist of seven members appointed by the Director of Agriculture. The director, as far as practicable, shall make appointments […]
(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 the Plant Pest and 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 […]
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 total of such sales of nursery stock does not exceed $250 during a fiscal year. Except as provided in subsection (2) of this section, the provisions of ORS 564.040, 564.991, […]
(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 or display nursery stock for sale on any stand, market stall, store or other place of business. (c) Advertise nursery stock for sale by the use of signboards, placards, public […]
(1) Each person required to be licensed by ORS 571.055 shall apply for a license, or for renewal of a license, on a form furnished by the State Department of Agriculture, that contains: (a) The name and address of the applicant, the number of locations to be operated by the applicant and the addresses of […]
(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 make a yearly determination of the additional amount, if any, required to achieve a principal balance of $250,000 in the Plant Pest and Disease Emergency Response Fund. If the department […]
(1) Upon receipt of a fee established by the State Department of Agriculture, the department may issue a temporary nursery sale license for the holding of a nursery stock sale conducted by, or for the benefit of, a duly registered nonprofit organization, where such sale does not exceed seven consecutive days. (2) Application for a […]
(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 paid with the application for license renewal and before July 1 of each year or before such date as may be specified by rule of the State Department of Agriculture. […]
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 date of issue, unless sooner revoked by the State Department of Agriculture. (3) Be in the form of a certificate. (4) Be numbered serially under the direction of the department. […]
(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 license. (2) An agent’s license shall be automatically suspended during any period when the agent is not acting as an agent or the principal has withdrawn or canceled the authorization. […]
(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 is changed or if the membership of a partnership is changed, irrespective of whether or not the business name is changed. (2) The license issued to a grower or dealer […]
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 when it is satisfied that: (1) The applicant or licensee has been guilty of fraud, deception or misrepresentation in the handling or sale of nursery stock. (2) The licensee was […]
(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 be the same as the license number and so designated on the license. (2) When authorized or required by the department, the shipping permit number shall accompany all shipments and […]
(1) The State Department of Agriculture shall inspect each licensed nursery at least once and as often thereafter as the department considers necessary to determine and control pest, disease and noxious weed conditions. (2) The department may make additional inspections as necessary for the issuance of phytosanitary and other certificates. Such additional inspections are in […]
(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 insure compliance with ORS 571.057. Such audit may be made at the applicant’s or licensee’s place of business during normal business hours, upon three days’ notice from the department. (2) […]
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 571.230 and 571.991. [1963 c.461 §27]
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 does not carry the official inspection tag authorized by the State Department of Agriculture. [1963 c.461 §18]
(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 […]
