(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 to 633.479 or rules adopted under ORS 633.311 to 633.479;
(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 to 633.341;
(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;
(f) Fail, refuse or neglect to keep or maintain records as required under ORS 633.462 and 633.476 or refuse to make the records available under ORS 633.385 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 (5) or 633.362 (8);
(i) Fail, refuse or neglect to obtain a manufacturer-bulk distributor license required under ORS 633.318;
(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;
(k) Impede, obstruct, hinder or otherwise prevent or attempt to prevent the department from the performance of department duties under ORS 633.311 to 633.479;
(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; or
(n) Fail, refuse or neglect to pay inspection fees required under ORS 633.462 and 633.465.
(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 to 633.341.
(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; or
(d) Contains unwanted crop seed or weed seed. [2001 c.914 §16; 2009 c.97 §9; 2015 c.514 §10]
Structure 2021 Oregon Revised Statutes
Volume : 15 - Water Resources, Agriculture and Food
Chapter 633 - Grades, Standards and Labels for Feeds, Soil Enhancers and Seeds
Section 633.006 - Definitions for ORS 633.006 to 633.089.
Section 633.015 - Registration of commercial feed required; rules; exemption; fee.
Section 633.026 - Labeling requirements for commercial feed; exemptions; rules.
Section 633.028 - Information required to accompany custom mixed feed; rules; records.
Section 633.045 - Adulterated commercial feeds prohibited; rules.
Section 633.055 - Misbranding commercial feed prohibited; rules.
Section 633.065 - Department to test commercial feeds.
Section 633.311 - Definitions for ORS 633.311 to 633.479.
Section 633.331 - Additional label requirements for lime products.
Section 633.336 - Additional label requirements for agricultural amendment.
Section 633.341 - Additional label requirements for agricultural mineral.
Section 633.366 - Prohibitions; mislabeled products; adulterated products.
Section 633.385 - Department access; inspection; sampling of products.
Section 633.388 - Reports of official sample.
Section 633.445 - Orders preventing sale or other disposition of product; seizure.
Section 633.462 - Tonnage reports; records; fee; penalty.
Section 633.465 - Inspection fees; disposition; rules.
Section 633.479 - Fertilizer Research Committee.
Section 633.487 - Definitions for ORS 633.487 to 633.491.
Section 633.489 - Certification of dyes or other additives; rules.
Section 633.491 - Anhydrous Ammonia Additive Review Committee.
Section 633.511 - Definitions for ORS 633.511 to 633.750.
Section 633.520 - Labeling agricultural seed or bulk flower seed.
Section 633.531 - Labeling vegetable or flower seed weighing one pound or less.
Section 633.541 - Labeling vegetable seed weighing more than one pound.
Section 633.550 - Exemptions from labeling provisions.
Section 633.571 - Changes in lists; publicizing changes.
Section 633.580 - Seed testing laboratory; cooperative agreements with federal agency.
Section 633.600 - Fees for seed tests; rules and regulations.
Section 633.610 - Seed testing fund.
Section 633.620 - Certification of seeds, tubers and plants; fees; rules.
Section 633.630 - Certification fund.
Section 633.651 - Prohibited acts.
Section 633.655 - When penalties not applicable.
Section 633.670 - Inspection and sampling of seeds; seizure of seeds; report of inspection work.
Section 633.690 - Quarantine of seed entering state; disposition of nonconforming seed.
Section 633.700 - Retailer and wholesaler licenses; exemption; rules; fees.
Section 633.733 - Legislative findings regarding seed regulation.
Section 633.741 - Jackson County exemption from ORS 633.738.
Section 633.752 - Presence of department representative during crop testing; fee.