(1) A person may not sell, offer for sale, expose for sale or transport for use in planting in the State of Oregon any agricultural, flower or vegetable seed:
(a) That except as provided in ORS 633.550 (Exemptions from labeling provisions), has not been labeled as required by ORS 633.520 (Labeling agricultural seed or bulk flower seed), 633.531 (Labeling vegetable or flower seed weighing one pound or less) and 633.541 (Labeling vegetable seed weighing more than one pound);
(b) That bears a label that is false or misleading;
(c) That contains any prohibited noxious weed seeds;
(d) That contains restricted noxious weed seeds in excess of the permissible numbers per pound established under ORS 633.561 (Preparation of list of prohibited noxious weed seeds and restricted noxious weed seeds) or 633.571 (Changes in lists) (2);
(e) That has not been tested within the 18 months next preceding such sale, offering for sale, exposure for sale or transportation, not including the calendar month in which the test was completed, to determine the percentage of germination for the labeling requirements of ORS 633.520 (Labeling agricultural seed or bulk flower seed), 633.531 (Labeling vegetable or flower seed weighing one pound or less) and 633.541 (Labeling vegetable seed weighing more than one pound). The Director of Agriculture may, pursuant to the authority of ORS 633.680 (Establishment of standards of germination), establish by order a shorter period for kinds of seed that the director finds under ordinary conditions of handling will not maintain a germination within the established limits of tolerance during an 18-month period, or longer period for kinds of such seed that are packaged in such container materials and under such conditions as the director may determine will, during such longer period, maintain the viability of the seed under ordinary conditions of handling. Any person in possession of seeds shall keep on file available for State Department of Agriculture inspection the original or duplicate copy of the latest test made of such seeds that shows, in addition to the information required by the provisions of this section, the date and the name of the person making such test; or
(f) That, if it is a variety for which a certificate of plant variety protection under the federal Plant Variety Protection Act specifies sale only as a class of certified seed, is sold or exposed for sale by variety name but has not been so certified by any official seed certifying agency. However, seed from a certified lot may be labeled as to variety name when used in a mixture by, or with the written approval of, the owner of the variety.
(2) A person may not substitute uncertified for certified seed.
(3) A person may not use tags or seals indicating certification other than as prescribed by a certification agency, as authorized by ORS 633.620 (Certification of seeds, tubers and plants) or 633.511 (Definitions for ORS 633.511 to 633.750) (2).
(4) Unless the tuber, horticultural plant or agricultural, cereal grain, flower or vegetable seed has been produced, tested, examined and labeled in accordance with ORS 633.511 (Definitions for ORS 633.511 to 633.750) to 633.750 (Disposition of fees and charges paid under ORS 633.511 to 633.750) and the rules and regulations of this state or the official certification agency of another state, territory or country, a person may not:
(a) Sell, offer for sale, expose for sale, advertise or transport any such tuber, plant or seed representing it to be certified; or
(b) Use in connection with such tuber, plant or seed any tags or seals similar to those used in official certification, as established pursuant to ORS 633.620 (Certification of seeds, tubers and plants) or 633.511 (Definitions for ORS 633.511 to 633.750) (2).
(5) A person may not alter or falsify any seed labels, seed tests, records or other documents pertaining to seed dealings. [1955 c.379 §12; 1957 c.407 §1; 1969 c.132 §5; 1981 c.196 §4; 1983 c.740 §236; 1995 c.371 §6; 2003 c.14 §384; 2007 c.281 §10]
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.