2017 ORS 571.305¹
Grower and handler registration
  • applications
  • records
  • inspections
  • fees

Caution-flag-2-25x25
This section is amended
Effective April 13, 2018
Relating to industrial hemp; creating new provisions; amending ORS 475B.301, 475B.311, 475B.337, 475B.341, 475B.349, 475B.831, 571.300, 571.305, 571.330, 571.333, 571.339 and 571.348; repealing ORS 571.324; and declaring an emergency.

(1) To grow or handle industrial hemp, a person must be registered with the State Department of Agriculture as a grower or handler.

(2)(a) Only a grower or handler registered under this section may produce agricultural hemp seed. For a grower or handler to produce agricultural hemp seed, the grower or handler must be registered with the department as an agricultural hemp seed producer.

(b) Notwithstanding paragraph (a) of this subsection:

(A) A grower registered under this section that retains agricultural hemp seed as described in ORS 571.324 (Seed retention) is not required to register with the department as an agricultural hemp seed producer; and

(B) A grower or handler registered under this section that produces Cannabis seeds that are incapable of germination, or a handler registered under this section that processes Cannabis seeds that are incapable of germination into commodities or products, is not required to register with the department as an agricultural hemp seed producer.

(3) An applicant for registration under this section must submit to the department, in a form and manner prescribed by the department, the following information:

(a) The name and address of the applicant;

(b) The name and address of the industrial hemp operation of the applicant; and

(c) Any other information required by the department by rule.

(4) Registration under this section is valid for a one-year term, beginning on January 1. A grower, handler or agricultural hemp seed producer may renew a registration under this section in a form and manner prescribed by the department.

(5) A registration under this section is a personal privilege and is not transferable.

(6) A grower or handler registered under this section must keep records as required by the department by rule. Upon not less than three days’ notice, the department may subject the records to inspection or audit during normal business hours. The department may make an inspection or audit for the purpose of ensuring compliance with:

(a) A provision of ORS 571.300 (Definitions for ORS 571.300 to 571.348) to 571.348 (Civil penalty);

(b) A rule adopted under a provision of ORS 571.300 (Definitions for ORS 571.300 to 571.348) to 571.348 (Civil penalty); or

(c) An order issued by the department pursuant to a provision of ORS 571.300 (Definitions for ORS 571.300 to 571.348) to 571.348 (Civil penalty) or a rule adopted under a provision of ORS 571.300 (Definitions for ORS 571.300 to 571.348) to 571.348 (Civil penalty).

(7) In addition to any inspection conducted pursuant to ORS 561.275 (Inspecting premises and facilities of department licensees), the department may inspect any crop during the crop’s growth phase and take a representative composite sample for field analysis. If a crop contains an average tetrahydrocannabinol concentration exceeding 0.3 percent on a dry weight basis, the department may detain, seize or embargo the crop as provided under ORS 561.605 (Detention, seizure or embargo of agricultural products) to 561.620 (Procedure when products disposed of).

(8) The department may charge growers, handlers and agricultural hemp seed producers application, registration and renewal of registration fees reasonably calculated by the department to pay the cost of administering ORS 571.300 (Definitions for ORS 571.300 to 571.348) to 571.348 (Civil penalty). Moneys from fees charged under this subsection shall be deposited in the Department of Agriculture Service Fund and are continuously appropriated to the department for purposes of carrying out the duties of the department under ORS 571.300 (Definitions for ORS 571.300 to 571.348) to 571.348 (Civil penalty). [2009 c.897 §2; 2015 c.503 §2; 2016 c.71 §2]

Note: See note under 571.300 (Definitions for ORS 571.300 to 571.348).

1 Legislative Counsel Committee, CHAPTER 571—Nursery Stock; Licensed Agricultural Crops, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors571.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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.