2017 ORS 632.995¹
Civil penalties
  • rules
  • hearing
  • disposition of moneys

(1) In addition to any penalty available under ORS 561.190 (Rules and regulations) or 632.990 (Criminal penalties), the State Department of Agriculture may impose a civil penalty for a violation of ORS 632.216 (Certificate of grade required before sale or transportation of onions), 632.226 (Labeling), 632.275 (Filing trademark for containers, equipment and supplies for fruit and vegetables) to 632.290 (Acquiring of marked containers, supplies and equipment), 632.450 (Definitions for ORS 632.450 to 632.485) to 632.490 (Labeling fruit or vegetables as Oregon grown or packed), 632.625 (Violation of walnut and filbert law prohibited), 632.705 (Definitions for ORS 632.705 to 632.815) to 632.815 (Disposition of fees) or 632.900 (“Horticultural and agricultural products” defined) to 632.985 (Transporting of agricultural or horticultural products subject to inspection) or of rules adopted under ORS 632.216 (Certificate of grade required before sale or transportation of onions), 632.226 (Labeling), 632.275 (Filing trademark for containers, equipment and supplies for fruit and vegetables) to 632.290 (Acquiring of marked containers, supplies and equipment), 632.450 (Definitions for ORS 632.450 to 632.485) to 632.490 (Labeling fruit or vegetables as Oregon grown or packed), 632.625 (Violation of walnut and filbert law prohibited), 632.705 (Definitions for ORS 632.705 to 632.815) to 632.815 (Disposition of fees) or 632.900 (“Horticultural and agricultural products” defined) to 632.985 (Transporting of agricultural or horticultural products subject to inspection). For the purposes of this section, each day a violation continues after the period of time established for compliance shall be considered a separate violation unless the department finds that a different period of time is more appropriate to describe a specific violation event.

(2) The department may adopt rules establishing a schedule of civil penalties that may be imposed under this section. Civil penalties imposed under this section may not exceed $10,000 for each violation.

(3) When the department imposes a civil penalty under subsection (1) of this section, the department shall impose the penalty in the manner provided by ORS 183.745 (Civil penalty procedures), except that the written application for a hearing must be received by the department no later than 10 days after the date of mailing or personal service of the notice of civil penalty.

(4) Moneys received by the department from civil penalties imposed under this section shall be deposited in the General Fund to the credit of the Department of Agriculture Account. [2009 c.175 §24; 2013 c.120 §6]

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1 Legislative Counsel Committee, CHAPTER 632—Production, Grading and Labeling Standards for Agricultural and Horticultural Products, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors632.­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.