2015 ORS § 571.135¹
Shipping permits, shipping invoices and bills of lading
- • rules
- • retention
- • exceptions
(1) The State Department of Agriculture may issue a shipping permit number to any licensee who requests or requires one. The shipping permit number shall be the same as the license number and so designated on the license.
(2) When authorized or required by the department, the shipping permit number shall accompany all shipments and deliveries of nursery stock.
(3) The Director of Agriculture may suspend or revoke a shipping permit issued to a nursery if the nursery has nursery stock that in whole or in part does not meet interstate shipment cleanliness standards adopted by the department by rule.
(4) A shipping invoice or bill of lading shall accompany a commercial shipment or delivery of nursery stock to be offered for sale. If a shipping invoice accompanies the shipment or delivery, the shipping invoice shall include the following:
(a) The name and address of the owner of the nursery stock.
(b) The nursery license number of the owner of the nursery stock.
(c) The point of origin of the nursery stock.
(d) The specific destination to which the nursery stock is being shipped or delivered.
(e) A description or inventory of the nursery stock in sufficient detail to allow identification of the nursery stock being shipped or delivered. The description or inventory shall include, at a minimum, the numbers, sizes and varieties of plants included in the shipment or delivery.
(f) The signature of the nursery stock carrier or the carriers agent.
(5) The department, by rule, may develop a standard form for shipping invoices described in subsection (4) of this section and may make the form available at cost to licensees upon request.
(6) Each of the following persons shall retain a copy of the signed shipping invoice or the bill of lading for a commercial shipment or delivery of nursery stock to be offered for sale:
(a) The owner of the nursery stock.
(b) The carrier or carriers agent transporting the nursery stock.
(c) The person taking delivery of the nursery stock at the shipment or delivery destination.
(7) Subsections (4) and (6) of this section do not apply to:
(a) A commercial shipment or delivery between two points owned, rented or leased by the owner of the nursery stock; or
(b) A commercial shipment or delivery of nursery stock in the possession of a business licensed by the State Landscape Contractors Board. [1963 c.461 §16; 2005 c.390 §1; 2015 c.533 §3]