2007 ORS 633.445¹
Orders preventing sale or other disposition of product
  • seizure

(1) When the State Department of Agriculture has reasonable cause to believe any quantity or lot of fertilizer, agricultural amendment, agricultural mineral or lime product is sold, offered for sale, stored, used or distributed in violation of ORS 633.311 (Definitions for ORS 633.311 to 633.479 and 633.994) to 633.479 (Fertilizer Research Committee) and 633.994 (Civil penalties for fertilizer law violations) or rules adopted thereunder, the department may, in accordance with ORS 561.605 (Detention, seizure or embargo of agricultural products) to 561.620 (Procedure when products disposed of), issue and enforce a stop sale, use or removal order prohibiting the disposal, distribution, use or removal of the quantity or lot of product in any manner. The department may enforce the order until all actions against the order, including any contested case, are resolved or until the department gives written permission releasing the product for disposal, distribution, use or removal. The department shall given written permission releasing the product when ORS 633.311 (Definitions for ORS 633.311 to 633.479 and 633.994) to 633.479 (Fertilizer Research Committee) and 633.994 (Civil penalties for fertilizer law violations) are complied with.

(2) In accordance with ORS 561.605 (Detention, seizure or embargo of agricultural products) to 561.620 (Procedure when products disposed of), the department may seize any quantity or lot of product that the department determines does not comply with ORS 633.311 (Definitions for ORS 633.311 to 633.479 and 633.994) to 633.479 (Fertilizer Research Committee) and 633.994 (Civil penalties for fertilizer law violations). [2001 c.914 §14]

Note

All sec­tions (1999 Edi­tion) repealed as of January 1, 2002

Notes of Decisions

The Depart­ment of Agriculture properly refused the registra­tion of a brand for a product labeled "fertilizer" which did not meet the statutory defini­tion of "commercial fertilizer." U.S. Soil v. Dept. of Agriculture, 276 Or 377, 554 P2d 1008 (1976)


1 Legislative Counsel Committee, CHAPTER 633—Grades, Standards and Labels for Feeds, Fertilizers and Seeds, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­633.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 633, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­633ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.