ORS 633.651
Prohibited acts


(1)

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 (Exemptions from labeling provisions), has not been labeled as required by ORS 633.520 (Labeling agricultural seed or bulk flower seed), 633.531 (Labeling vegetable or flower seed weighing one pound or less) and 633.541 (Labeling vegetable seed weighing more than one pound);

(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 (Preparation of list of prohibited noxious weed seeds and restricted noxious weed seeds) or 633.571 (Changes in lists) (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 (Labeling agricultural seed or bulk flower seed), 633.531 (Labeling vegetable or flower seed weighing one pound or less) and 633.541 (Labeling vegetable seed weighing more than one pound). The Director of Agriculture may, pursuant to the authority of ORS 633.680 (Establishment of standards of germination), establish by order a shorter period for kinds of seed 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 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 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)

A person may not substitute uncertified for certified seed.

(3)

A person may not use tags or seals indicating certification other than as prescribed by a certification agency, as authorized by ORS 633.620 (Certification of seeds, tubers and plants) or 633.511 (Definitions for ORS 633.511 to 633.750) (2).

(4)

Unless the tuber, horticultural plant or agricultural, cereal grain, flower or vegetable seed has been produced, tested, examined and labeled in accordance with ORS 633.511 (Definitions for ORS 633.511 to 633.750) to 633.750 (Disposition of fees and charges paid under 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, 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 (Certification of seeds, tubers and plants) or 633.511 (Definitions for ORS 633.511 to 633.750) (2).

(5)

A person may not alter or falsify any seed labels, seed tests, records or other documents pertaining to seed dealings. [1955 c.379 §12; 1957 c.407 §1; 1969 c.132 §5; 1981 c.196 §4; 1983 c.740 §236; 1995 c.371 §6; 2003 c.14 §384; 2007 c.281 §10]

Source: Section 633.651 — Prohibited acts, 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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