(a) $500 for the first violation within a three-year period;
(b) $1,500 for the second violation within a three-year period; and
(c) $10,000 for each subsequent violation within a three-year period.
(2) The department shall adopt rules that determine guidelines for ensuring consistency in the assessment of civil penalties.
(3) Notwithstanding subsection (1) of this section, for a violation that arises from gross negligence or willful misconduct, or that results in substantial harm to human health or the environment, the department may assess a civil penalty of not more than $10,000 for the initial violation or any subsequent violation.
(4) Each violation of a provision of ORS 633.311 to 633.479 that results from an action is a separate and distinct violation. The department may deem each day of a continuing violation to be a separate and distinct violation.
(5) A civil penalty assessed under this section may be remitted or reduced upon terms and conditions that the Director of Agriculture considers proper and consistent with the public health and safety.
(6) If a civil penalty assessed under this section remains unpaid after the issuance of the final order, the department may, until the civil penalty is paid in full:
(a) Refuse to issue the recipient of the final order a certificate of registration under ORS 633.311 to 633.479 for a product; and
(b) Withhold from the recipient of the final order the issuance or renewal of a license under any program administered by the department. [2001 c.914 §17; 2009 c.97 §17]
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.