- • contents
- • fee
- • assessments
(1) Each person required to be licensed by ORS 571.055 (License required to grow or deal in nursery stock) shall make application for such license, or for renewal thereof, on a form furnished by the State Department of Agriculture, which shall contain:
(a) The name and address of the applicant, the number of locations to be operated by the applicant and the addresses thereof, and the assumed business name of the applicant;
(b) If other than an individual, a statement whether such person is a partnership, corporation or other organization;
(c) The gross dollar volume of sales or purchases of nursery stock by the applicant within Oregon during the prior calendar year or, if the applicant maintains sales records on a fiscal basis, the prior fiscal year; and
(d) The type of business to be operated and, if applicant is an agent, the principals the applicant represents.
(2) Each application for license shall be accompanied by a license fee as provided for by this section and any amounts required by ORS 571.075 (Renewal of license) (3). Such application shall not be a public record but shall be subject to audit and review by the department. An applicant for an original license or for a renewal license, without a full calendar year of prior nursery stock sales or purchase experience upon which to base the fees, shall base such fees on an estimated annual gross dollar volume of sales or purchases of nursery stock by the applicant. Notwithstanding the provisions of ORS 571.075 (Renewal of license), upon application by such person for a renewal of license for a subsequent year, the fees for the previous license year shall be adjusted to reflect the actual annual gross dollar volume of sales or purchases of nursery stock by such applicant. Any additional fees found to be due shall be paid to the department at the time of application for renewal of license, or the department shall refund any overpayment found to be due the applicant.
(3)(a) The license fees for growers and dealers shall be established by the department after consulting with the State Nursery Research and Regulatory Committee and after public hearing in accordance with ORS chapter 183. Such fees shall be established on the basis of annual gross dollar volume of sales or purchases of nursery stock within Oregon for the calendar year immediately preceding the license period.
(b) The license fees shall not be less than $65 nor more than $20,000. The millage rate shall be not less than one-tenth mill nor more than 5 mills. The fees shall be established in such amount as shall be sufficient to allow the department to administer and enforce the provisions of ORS 564.040 (Department to compile list of additional protected wildflowers), 564.991 (Penalties), 571.005 (Definitions for ORS 571.005 to 571.230) to 571.230 (Disposition and use of moneys received) and 571.991 (Penalties for ORS 571.005 to 571.230).
(c) In addition to and at the time of payment of the annual license fee, growers and dealers shall pay assessments for the expenses of carrying out the provisions of ORS 571.230 (Disposition and use of moneys received) (2) and (3). Dealers shall pay 0.0002 times the gross dollar purchases in the previous license year. Growers shall pay 0.0002 times the gross dollar sales in the previous license year. In no event shall the assessment be less than $10.
(4) For florists and landscape contracting businesses, dealer and agent fees will be computed on the basis of gross purchases of plants. For greenhouse operators and growers, including persons collecting native plants, fees will be computed on the basis of gross sales of plants or sales value of plants produced in Oregon.
(5) Each grower or dealer shall be entitled to one sales location under the license of the grower or dealer. Each additional sales location, yard, branch store, stall or peddling vehicle maintained by such person shall require the payment of the full license fee for each of such additional sales outlets. A grower who is also a dealer shall be licensed only as a grower. [1971 c.756 §6; 1977 c.638 §3; 1985 c.659 §1; 1993 c.683 §3; 2007 c.71 §178; 2007 c.541 §7]
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