2017 ORS 633.366¹
Prohibitions
  • mislabeled products
  • adulterated products

(1) A person may not:

(a) Distribute mislabeled products;

(b) Register or attempt to register any product using fraudulent or deceptive practices to evade or attempt to evade the requirements of ORS 633.311 (Definitions for ORS 633.311 to 633.479) to 633.479 (Fertilizer Research Committee) or rules adopted under ORS 633.311 (Definitions for ORS 633.311 to 633.479) to 633.479 (Fertilizer Research Committee);

(c) Distribute adulterated products;

(d) Fail, refuse or neglect to deliver to a user or purchaser of a bulk fertilizer, agricultural amendment, agricultural mineral or lime product a printed label that complies with ORS 633.321 (Label requirements for fertilizer, agricultural amendment, agricultural mineral and lime products) to 633.341 (Additional label requirements for agricultural mineral);

(e) Distribute a fertilizer, agricultural amendment, agricultural mineral or lime product that is not registered with the State Department of Agriculture under ORS 633.362 (Registration of fertilizer, agricultural amendment, agricultural mineral and lime products);

(f) Fail, refuse or neglect to keep or maintain records as required under ORS 633.462 (Tonnage reports) and 633.476 (Record keeping for custom mix products) or refuse to make the records available under ORS 633.385 (Department access) upon request by the department;

(g) Make false or fraudulent applications, records, invoices or reports;

(h) Fail, refuse or neglect to provide notification to the department as required by ORS 633.318 (Licensing of manufacturers and bulk distributors) (5) or 633.362 (Registration of fertilizer, agricultural amendment, agricultural mineral and lime products) (8);

(i) Fail, refuse or neglect to obtain a manufacturer-bulk distributor license required under ORS 633.318 (Licensing of manufacturers and bulk distributors);

(j) Distribute, use or remove any product subjected to a stop sale, use or removal order until the product has been released in accordance with ORS 633.445 (Orders preventing sale or other disposition of product);

(k) Impede, obstruct, hinder or otherwise prevent or attempt to prevent the department from the performance of department duties under ORS 633.311 (Definitions for ORS 633.311 to 633.479) to 633.479 (Fertilizer Research Committee);

(L) Knowingly or intentionally make any false or misleading representations in connection with the distribution of fertilizer, agricultural amendment, agricultural mineral or lime products;

(m) Fail, refuse or neglect to file a semiannual tonnage report with the department as required under ORS 633.462 (Tonnage reports); or

(n) Fail, refuse or neglect to pay inspection fees required under ORS 633.462 (Tonnage reports) and 633.465 (Inspection fees).

(2) A fertilizer, agricultural amendment, agricultural mineral or lime product may be considered mislabeled if the label or labeling:

(a) Is false, misleading or deceptive;

(b) Does not accurately reflect the composition of the product;

(c) Requires warning statements or directions for use that may be necessary to protect humans, animals, water, aquatic life, soil or beneficial plant life and the warning statements or directions are not adequately stated on the label; or

(d) Does not comply with the requirements of ORS 633.321 (Label requirements for fertilizer, agricultural amendment, agricultural mineral and lime products) to 633.341 (Additional label requirements for agricultural mineral).

(3) A fertilizer, agricultural amendment, agricultural mineral or lime product may be considered adulterated if the product:

(a) Contains any deleterious or harmful ingredient in an amount that is injurious to humans, animals, water, aquatic life, soil or beneficial plant life when used in accordance with instructions for product use on the label;

(b) Differs in composition from the composition claimed on the label;

(c) Differs in composition from the composition claimed in the information provided in accordance with ORS 633.362 (Registration of fertilizer, agricultural amendment, agricultural mineral and lime products); or

(d) Contains unwanted crop seed or weed seed. [2001 c.914 §16; 2009 c.97 §9; 2015 c.514 §10]

1 Legislative Counsel Committee, CHAPTER 633—Grades, Standards and Labels for Feeds, Soil Enhancers and Seeds, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors633.­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.