ORS 633.362
Registration of fertilizer, agricultural amendment, agricultural mineral and lime products

  • application
  • fee
  • expiration
  • product contents
  • rules

(1)

Each separately identifiable fertilizer, agricultural amendment, agricultural mineral or lime product, whether in package or in bulk, must be registered with the State Department of Agriculture. A person may not distribute a fertilizer, agricultural amendment, agricultural mineral or lime product in this state unless the fertilizer, agricultural amendment, agricultural mineral or lime product is registered with the department.

(2)

The application for registration must be made on a form or forms provided by the department. The application for registration must include the following information:

(a)

Product name and grade;

(b)

Product label;

(c)

Name and physical address of the registrant;

(d)

Mailing address of the registrant;

(e)

Product laboratory analysis;

(f)

Supplier or suppliers of ingredients;

(g)

Identification of the industry, industry process or industry processes and location of the facility that generated any waste-derived ingredient or ingredients; and

(h)

Other information required by the department by rule.

(3)

The application for registration shall be accompanied by a nonrefundable registration fee established by department rule, not to exceed $50 annually for each fertilizer, agricultural amendment, agricultural mineral or lime product. In addition, for a waste-derived product, the department shall charge an annual product evaluation fee. For a fertilizer, agricultural amendment, agricultural mineral or lime product, the department may charge a product evaluation fee if supplementary research and evaluation by the department is required in order to determine product compliance with ORS 633.311 (Definitions for ORS 633.311 to 633.479) to 633.479 (Fertilizer Research Committee). The department shall establish product evaluation fees by rule, not to exceed $500. The department shall review the registration application form and product label for compliance with ORS 633.311 (Definitions for ORS 633.311 to 633.479) to 633.479 (Fertilizer Research Committee). If the department finds that the application information and product label comply with ORS 633.311 (Definitions for ORS 633.311 to 633.479) to 633.479 (Fertilizer Research Committee), the department shall issue a certificate of registration to the registrant.

(4)

Certificates of registration shall expire on December 31 of each year, except that the department may grant a certificate of registration for two years. Certificates of registration for two years shall expire on December 31 of the last year in the two-year period.

(5)

The department may assess a $50 late registration fee for a product if the registrant has not paid the registration fee prior to the 30th day following the expiration of the certificate of registration. A late registration fee assessed by the department under this subsection shall be added to the registration fee required under subsection (3) of this section and must be paid by the registrant before the department may issue a certificate of registration.

(6)

The department may require proof of label or labeling statements or claims of the efficacy and usefulness of an ingredient prior to issuing a certificate of registration or at any time deemed necessary by the department. As proof, the department may request data from the registrant to support the label or labeling claims. The department may also rely on other experimental data, data from agricultural experiment stations, product review evaluations and advice from other authoritative sources. The data must be from recognized, statistically designed and analyzed trials conducted by recognized experts in the field. All supporting data shall be representative of the soil, crops and climatic conditions found in the northwestern United States.

(7)

In evaluating a label or labeling statement, claim or guarantee, the department may require the submission of a written statement describing the methodology of the laboratory analysis used, the source of the ingredient material and any reference material relied on to support the label or labeling statement, claim or guarantee. Laboratory analyses submitted in support of an application for registration must comply with laboratory methods of analysis approved by the department.

(8)

Each registrant shall notify the department of any change that results in a laboratory analysis that differs from the laboratory analysis submitted in support of the related application for registration or any change in sources of product ingredients declared on the application form. The registrant must notify the department within 30 days following the change.

(9)

The registrant shall identify as “waste-derived” in the application for registration any fertilizer, agricultural amendment, agricultural mineral or lime product that is waste-derived and distributed as a single ingredient product or blended with other fertilizer, agricultural amendment, agricultural mineral or lime products. The application for registration must identify the industry, the industry process or processes and the location of the facility that generated the waste and all ingredients of concern as identified by the department by rule.

(10)

The initial application for registration of a fertilizer, agricultural amendment, agricultural mineral or lime product must include a statement of the levels of metals in the product, including but not limited to arsenic (As), cadmium (Cd), mercury (Hg), lead (Pb), nickel (Ni) or other metals or substances identified by the department by rule. The registrant must provide a laboratory analysis report, in accordance with acceptable methods required by the department, to verify the levels of metals or other substances in the product. Subsequent to initial product registration, the registrant shall provide a laboratory analysis report for the product to the department upon request. An initial or subsequent laboratory analysis must have been conducted no more than 18 months prior to submission of that analysis to the department.

(11)

The department shall establish by rule the level of metals or other substances permitted in fertilizer, agricultural amendment, agricultural mineral and lime products registered with the department, including but not limited to the permitted levels of arsenic (As), cadmium (Cd), mercury (Hg), lead (Pb), nickel (Ni) or other metals or substances identified by the department by rule for the purpose of protecting humans, animals, water, aquatic life, soil or beneficial plant life. The department shall review the permitted level of metals or other substances in fertilizer, agricultural amendment, agricultural mineral and lime products a minimum of once every five years.

(12)

Notwithstanding subsection (1) of this section, a custom mix is not required to be registered if all of the fertilizer, agricultural amendment, agricultural mineral or lime products contained in the final product are registered in accordance with this section.

(13)

The department may refuse to register any fertilizer, agricultural amendment, agricultural mineral or lime product if distribution of the product would violate a provision of ORS 633.311 (Definitions for ORS 633.311 to 633.479) to 633.479 (Fertilizer Research Committee). The registration of each product is a distinct and separate registration. The refusal of the department to register or reregister any product does not affect the registration of any other product by the same person. [2001 c.914 §10; 2009 c.97 §7; 2015 c.514 §8]

Source: Section 633.362 — Registration of fertilizer, agricultural amendment, agricultural mineral and lime products; application; fee; expiration; product contents; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors633.­html.

633.006
Definitions for ORS 633.006 to 633.089
633.015
Registration of commercial feed required
633.026
Labeling requirements for commercial feed
633.028
Information required to accompany custom mixed feed
633.029
License required for animal feed manufacturers and distributors
633.037
Records required of licensees
633.045
Adulterated commercial feeds prohibited
633.055
Misbranding commercial feed prohibited
633.065
Department to test commercial feeds
633.067
Commercial feed law administration and enforcement
633.077
Testing and analysis of bulk commercial feed and custom mixed feed
633.083
Cooperation with governmental units
633.088
Withdrawal from distribution of feeds sold or distributed in violation of law
633.089
Disposition of moneys received by department
633.311
Definitions for ORS 633.311 to 633.479
633.315
Applicability of ORS 633.311 to 633.479 and 633.994
633.318
Licensing of manufacturers and bulk distributors
633.321
Label requirements for fertilizer, agricultural amendment, agricultural mineral and lime products
633.331
Additional label requirements for lime products
633.336
Additional label requirements for agricultural amendment
633.341
Additional label requirements for agricultural mineral
633.344
Label guarantees of additional plant nutrients
633.362
Registration of fertilizer, agricultural amendment, agricultural mineral and lime products
633.364
Confidentiality of certain information supplied in application for registration
633.366
Prohibitions
633.371
Disposition of revenues
633.385
Department access
633.388
Reports of official sample
633.441
Rules
633.445
Orders preventing sale or other disposition of product
633.462
Tonnage reports
633.465
Inspection fees
633.476
Record keeping for custom mix products
633.479
Fertilizer Research Committee
633.487
Definitions for ORS 633.487 to 633.491
633.489
Certification of dyes or other additives
633.491
Anhydrous Ammonia Additive Review Committee
633.511
Definitions for ORS 633.511 to 633.750
633.520
Labeling agricultural seed or bulk flower seed
633.531
Labeling vegetable or flower seed weighing one pound or less
633.541
Labeling vegetable seed weighing more than one pound
633.545
Labeling bins and bulk displays
633.550
Exemptions from labeling provisions
633.561
Preparation of list of prohibited noxious weed seeds and restricted noxious weed seeds
633.571
Changes in lists
633.580
Seed testing laboratory
633.600
Fees for seed tests
633.610
Seed testing fund
633.620
Certification of seeds, tubers and plants
633.630
Certification fund
633.640
Dean may employ assistants
633.651
Prohibited acts
633.655
When penalties not applicable
633.660
Enforcement and administration
633.670
Inspection and sampling of seeds
633.680
Establishment of standards of germination
633.690
Quarantine of seed entering state
633.700
Retailer and wholesaler licenses
633.720
Sampling and testing on request of owner of seed
633.733
Legislative findings regarding seed regulation
633.738
Prohibition of local laws to inhibit or prevent production or use of seeds or products of seeds
633.741
Jackson County exemption from ORS 633.738
633.750
Disposition of fees and charges paid under ORS 633.511 to 633.750
633.752
Presence of department representative during crop testing
633.992
Criminal penalties
633.994
Civil penalties for fertilizer law violations
633.996
Civil penalty for seed law violation
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