(a) That except as provided in ORS 633.550, has not been labeled as required by ORS 633.520, 633.531 and 633.541;
(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 or 633.571 (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, 633.531 and 633.541. The Director of Agriculture may, pursuant to the authority of ORS 633.680, 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 or 633.511 (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 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 or 633.511 (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]
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.