2011 ORS § 571.180¹
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 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 or represent cormels as corms or bulblets as bulbs.
(2) In addition to the provisions of ORS 632.450 (Definitions for ORS 632.450 to 632.485) to 632.490 (Labeling fruit or vegetables as Oregon grown or packed) and 632.900 (Horticultural and agricultural products defined) to 632.985 (Submitting hay, grain or potatoes to inspection), all other laws relating to labeling and the provisions of subsection (1) of this section, the grower, dealer or agent shall attach to every bundle of fruit-bearing trees sold or shipped within this state a tag or label specifying the name of the variety of trees contained therein. If the bundle shall contain trees of different varieties, such label or tag shall be attached to each tree or group of trees of the same variety. The purchaser of any fruit-bearing tree or trees not true to name as specified on such tag or label, shall have a remedy at law in a civil action to recover the damages sustained. Such action may be brought at any time prior to the third bearing year. [1963 c.461 §19; 2001 c.104 §232]