(1) "Agent" means any person only soliciting orders in this state for the purchase or sale of nursery stock for any principal who is not licensed under ORS 571.005 to 571.230 and 571.991.
(2) "Dealer":
(a) Means any person who deals in, sells, handles, consigns or accepts on consignment, imports, stores, displays or advertises nursery stock which the person has not grown.
(b) Does not mean a person whose business is located out of state and who imports and sells such nursery stock not grown in Oregon into this state and who only solicits such nursery stock sales through salesmen or representatives or by mail or advertisement. Such person to be exempt as a dealer must not own, lease, control or maintain buildings, warehouses or any location or place in Oregon in which or through which such nursery stock is stored, sold, offered for sale or held for sale or delivered therefrom. The nursery stock must be shipped direct from the out-of-state location or place of business to the grower, wholesaler, retailer or ultimate consumer or user in Oregon.
(3) "Department" means the State Department of Agriculture.
(4) "Grower" means any person who grows nursery stock.
(5) "Nursery stock" includes all botanically classified plants or any part thereof, such as floral stock, herbaceous plants, bulbs, buds, corms, culms, roots, scions, grafts, cuttings, fruit pits, seeds of fruits, forest and ornamental trees and shrubs, berry plants, and all trees, shrubs and vines and plants collected in the wild that are grown or kept for propagation or sale. "Nursery stock" does not include:
(a) Field and forage crops.
(b) The seeds of grasses, cereal grains, vegetable crops and flowers.
(c) The bulbs and tubers of vegetable crops.
(d) Any vegetable or fruit used for food or feed.
(e) Cut flowers, unless stems or other portions thereof are intended for propagation.
(6) "Person" includes but is not limited to each branch store or place of business in which or at which the business of the dealer or grower is conducted and each member of a cooperative association.
(7) "Sell" or "sale" means to offer, expose or hold for sale, have for the purpose of sale, or to solicit orders for sale, or to deliver, distribute, exchange, furnish or supply. [1963 c.461 §1; 1977 c.638 §1]
Structure 2021 Oregon Revised Statutes
Volume : 15 - Water Resources, Agriculture and Food
Chapter 571 - Nursery Stock; Licensed Agricultural Crops
Section 571.005 - Definitions for ORS 571.005 to 571.230.
Section 571.015 - Policy; department to maintain nursery service; duties.
Section 571.025 - State Nursery Research and Regulatory Committee.
Section 571.038 - Plant Pest and Disease Emergency Response Fund.
Section 571.045 - Exemption from licensing requirements.
Section 571.057 - License application; contents; fee; assessments.
Section 571.059 - License fee surcharge.
Section 571.063 - Temporary nursery sale license; application; fee; rules; conditions.
Section 571.075 - Renewal of license; rules; forfeiture.
Section 571.095 - Form of license; display required.
Section 571.105 - Agent’s license.
Section 571.115 - License not transferable; moving place of business.
Section 571.125 - Suspension, revocation or refusal of license.
Section 571.170 - Substitution or transportation of uninspected nursery stock prohibited.
Section 571.210 - Hold order on defective nursery stock; condemnation.
Section 571.230 - Disposition and use of moneys received.
Section 571.260 - Short title.
Section 571.263 - Oregon Hemp State Program; rules.
Section 571.266 - Exclusion from ORS 571.260 to 571.348.
Section 571.269 - Definitions for ORS 571.260 to 571.348; rules.
Section 571.272 - Regulation by department; commodities.
Section 571.275 - Commission powers regarding industrial hemp; notice.
Section 571.278 - Industrial Hemp Fund.
Section 571.281 - Grower and handler license; records; inspection; nonconforming crop; fees; rules.
Section 571.285 - Revocation or refusal of licensure; rules.
Section 571.287 - Requirement to conduct criminal records check on applicant for grower license.
Section 571.290 - Industrial hemp propagation.
Section 571.291 - Crop location.
Section 571.294 - Charges for sampling or testing; fee.
Section 571.309 - Industrial hemp product concentration, serving standards; rules.
Section 571.316 - Required reporting to department; rules.
Section 571.319 - Destruction, remediation of specified industrial hemp crop; rules.
Section 571.325 - Agricultural hemp seed labeling and certification; rules.
Section 571.327 - Hemp seed sales; packaging; rules.
Section 571.330 - Laboratory testing; limitation on sales, transfers; rules.
Section 571.333 - Industrial hemp crop concentration standards; test results.
Section 571.345 - Remediation for unintentional violation; rules.
Section 571.348 - Civil penalty; appropriation.
Section 571.400 - Definitions for ORS 571.400 to 571.501.
Section 571.402 - Declarations; purposes of ORS 571.400 to 571.501.
Section 571.404 - Duties of State Department of Agriculture; rules.
Section 571.406 - Temporary members of Oregon Hemp Commission; terms; rules.
Section 571.408 - Ex officio members of Oregon Hemp Commission.
Section 571.410 - Required declaration of vacancy of producer, processor office.
Section 571.412 - Required declaration of vacancy of public member office.
Section 571.414 - Authority to remove member of Oregon Hemp Commission.
Section 571.417 - Payment for member of Oregon Hemp Commission; expenses; rules.
Section 571.423 - Powers of Oregon Hemp Commission; rules.
Section 571.429 - Oregon Hemp Commission authority, duties relating to moneys.
Section 571.438 - Exemption from certain financial administration laws.
Section 571.444 - Intellectual property; rules.
Section 571.450 - Exemptions from assessments; rules.
Section 571.453 - Assessment collection requirements.
Section 571.462 - Penalty for delayed payment of assessment.
Section 571.465 - Penalty for failure to pay assessment; civil action.
Section 571.468 - Dispute regarding amount of assessment; rules.
Section 571.471 - Financial activity of Oregon Hemp Commission.
Section 571.474 - Fidelity bond; conditions on bond; payment of cost of bond.
Section 571.477 - Cancellation of uncollectible assessment.
Section 571.480 - Maintenance of books, records and accounts.
Section 571.483 - Oregon Hemp Commission budget; meeting requirement; annual financial statement.
Section 571.486 - Requirement to comply with ORS 571.483 in order to make, incur expenditure.
Section 571.489 - Limitation on amount, purpose of expenditure.
Section 571.492 - Unforeseen expenditure; fund transfer.
Section 571.495 - Distribution of moneys upon abolishment of Oregon Hemp Commission.
Section 571.498 - Sale of hemp considered sale in commercial channels.
Section 571.501 - Penalty for violation of ORS 571.400 to 571.501.
Section 571.505 - Definitions for ORS 571.510 to 571.580.
Section 571.510 - Policy; department to maintain Christmas tree service; duties.
Section 571.515 - State Christmas Tree Advisory Committee.
Section 571.520 - Exemptions from licensing requirements.
Section 571.530 - License application; contents; license fee.
Section 571.535 - Renewal of license; rules.
Section 571.540 - Form of license; display required.
Section 571.550 - Suspension, revocation or refusal of license.
Section 571.555 - Issuance of shipping permit numbers.
Section 571.570 - Substitution or transportation of uninspected Christmas tree stock.
Section 571.575 - Knowingly offering to sell infected or infested Christmas tree stock.
Section 571.600 - Definitions for ORS 571.605 to 571.620.
Section 571.605 - Economic development assistance.
Section 571.610 - Technical business assistance.
Section 571.615 - Workforce training assistance.
Section 571.620 - Identification and mapping of marketable stands.
Section 571.625 - Western Juniper Industry Fund.
Section 571.650 - Definitions for ORS 571.650 to 571.660.
Section 571.655 - License required; prohibitions.
Section 571.660 - Rules; fees.
Section 571.670 - Disposition of fee moneys.
Section 571.993 - Penalty for violation of ORS 571.655.
Section 571.997 - Civil penalties for ORS 571.055 and 571.525.