- • contents
- • fee
- • assessments
(1) Each person required to be licensed by ORS 571.055 (License required to grow or deal in nursery stock) shall apply for a license, or for renewal of a license, on a form furnished by the State Department of Agriculture, that contains:
(a) The name and address of the applicant, the number of locations to be operated by the applicant and the addresses of those locations, and the assumed business name of the applicant;
(b) If other than an individual, a statement whether the applicant 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 a license must be accompanied by a license fee as provided for by this section and any amounts required by ORS 571.075 (Renewal of license) (3). An application is not a public record but is 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 the 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 the 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 the applicant. Any additional fees found to be due must be paid to the department at the time of application for renewal of license. The department shall refund any overpayment found to be due the applicant.
(3)(a) The department shall establish the license fees for growers and dealers after consulting with the State Nursery Research and Regulatory Committee and after public hearing in accordance with ORS chapter 183. The department shall establish the fees 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 may not be less than $65 or more than $40,000. The millage rate may not be less than one-tenth mill or more than 10 mills. The department shall establish the fees in an amount sufficient to allow the department to administer and enforce the provisions of ORS 564.040 (Department 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. The assessment may not be less than $10.
(4) For florists and landscape contracting businesses, dealer and agent fees must be computed on the basis of gross purchases of plants. For greenhouse operators and growers, including persons collecting native plants, fees must be computed on the basis of gross sales of plants or sales value of plants produced in Oregon.
(5) Each grower or dealer is 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 the grower or dealer requires the payment of the full license fee for each of the 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; 2015 c.533 §2]
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