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DEPARTMENT OF AGRICULTURE

 

DIVISION 56

HAY AND SEED

Seeds

603-056-0030

Definitions

The following definitions shall apply to seed law violations, civil penalty enforcement actions, seed dealer licensing, license suspension, license revocation and license reinstatement:

(1) "Agricultural Seed" means fiber, forage and grass crop seed and any other kind of seed or bulblet commonly recognized in this state as agricultural seed or as lawn or turf seed, and mixtures of any such seed.

(2) "Certified," as applied to agricultural, vegetable or cereal grain seed, means inspected and labeled by and in accordance with the standards and rules and regulations adopted by the Oregon State University Seed Certification Program, or in accordance with similar standards established by some similar regularly constituted authority in another state or county.

(3) "Director" means the Director of the Department of Agriculture, or the Director's agent.

(4) "Flagrant" means any violation where the department has evidence that the respondent had knowledge of the law and knowingly committed a violation.

(5) "Inert Matter" includes stone, dirt, leafage, stems, badly broken seed, other similar matter and masses of spores.

(6) "Labeling" includes all labels and other printed, written or graphic representations in any form on the container of any seeds or accompanying or pertaining to any seeds, whether in bulk or in containers, and includes representations on invoices.

(7) "Other Crop Seed" means that part of any lot or sample of seed that consists of the seed of cereal grain and agriculture and vegetable seeds other than those named on the label.

(8) "Percentage of Hard Seed" means the percentage of pure seed of any lot or sample that remains in its normal hard condition at the close of a standard germination test.

(9) "Percentage of Germination" means the percentage of pure seed of a lot or sample that produces satisfactory sprouts before the close of a standard germination test.

(10) "Person" includes individuals, companies, corporations, associations, firms, partnerships joint stock companies, public and municipal corporations.

(11) "Probation" means a period of time set by the director during which a licensee may continue to operate, but only under the conditions established by the director.

(12) "Prohibited Noxious Weed Seed" means the seed of weeds which when established are highly destructive, competitive and difficult to control by ordinary good cultural practice.

(13) "Pure Seed" means the agricultural or vegetable seed of which there is the largest percentage by weight in any unmixed lot or sample and, in the case of mixtures, includes any agricultural or vegetable seed consisting of not less than 5 percent by weight of the kind or kinds of seed under consideration, as distinguished from other crop seed, weed seed and inert matter.

(14) "Restricted Noxious Weed Seed" means the seed of such weeds as are very objectionable in fields, laws and gardens but can be controlled by good cultural practice.

(15) "Retail Seed Dealer" means any person who sells, offers or holds for sale, agricultural or vegetable seed to ultimate consumers or users for planting purposes.

(16) "Revocation" means withdrawal of license and any authorization to sell, offer or expose for sale any agricultural or vegetable seed under conditions for which a license is required.

(17) "Suspension" means a period of time set by the director during which a licensee is prohibited from selling, offering or exposing for sale any agricultural or vegetable seed under conditions for which a license is required, including, but not necessarily limited to providing information about price, quality, availability, payment terms or any other information specific to a sale.

(18) "Vegetable Seed" means the seed of those crops usually grown in Oregon in gardens or on truck farms or for canning and freezing purposes and generally known and sold under the name of vegetable seed.

(19) "Violation" means a transgression of any statute, rule, order, license, permit or any part thereof and includes both acts and omissions.

(20) "Wholesale Seed Dealer" means any person who sells, offers or holds for sale, agricultural or vegetable seed to retailers, distributors, brokers or other wholesalers for resale.

Stat. Auth.: ORS 561 & ORS 633
Stats. Implemented: ORS 633.711
Hist.: AD 5-1996, f. & cert. ef. 6-7-96

603-056-0050

Seed Dealer License Applications

(1) Before the department issues any license required under ORS 633.700, the applicant shall submit a completed application and appropriate annual license fee. The application shall include the following:

(a) Names and titles of each person requesting the license. If the applicant is a partnership, corporation, business entity, association, governmental subdivision or public or private organization, the applicant shall also submit the names and titles of each partner, agent, manager and principle of that entity;

(b) Location(s) of the business, including a mailing address;

(c) Phone numbers;

(d) Ownership structure, e.g. proprietorship, partnership, corporation, limited liability company, etc.;

(e) If an applicant or any of its associated officers, agents, or partners have had or have been a party to violations of the Federal Seed Act, the Oregon Seed Law or any other state seed law within the 36 months prior to the date of the application, and has received a penalty or penalties totaling $10,000 or more, or involving probation or suspension of a license, all such violations shall be listed.

(2) First time wholesale licensees shall be furnished copies of the Oregon Seed Law and the Oregon Administrative Rules Chapter 603, Division 56 relating to seed dealings.

(3) Oregon Department of Agriculture staff shall contact first time licensees during their initial annual licensing period in order to provide education to aid in complying with Oregon seed laws and regulations.

Stat. Auth.: ORS 561 & ORS 633
Stats. Implemented: ORS 633.711
Hist.: AD 5-1996, f. & cert. ef. 6-7-96

603-056-0060

Probation, Suspension, Revocation and Re-issuance of License

ORS 561.305 provides the department with the authority to refuse to issue, refuse to renew, revoke or suspend any license where it finds the licensee has violated state laws or regulations. ORS 633.680 gives the director the authority to make administrative rules to cover licensing, suspension, revocation, and reinstatement of seed dealer licenses; the following penalties apply to seed law violations:

(1) Probation shall be imposed for any issuance of a civil penalty and conditions of probation shall be related to violations of the Oregon Seed Law:

(a) Probation shall be established for the purpose of monitoring and documentation of corrective actions of the licensee which relate to previous violations;

(b) The duration of a probationary period shall be at least one year for fines of $10,000 or more.

(c) If, in the opinion of the director, persons on probationary status have complied with regulatory requirements and have corrected conditions related to issuance of a violation, the director may terminate probation before the probationary period has expired.

(2) Suspension of license may be imposed for:

(a) Failure to pay appropriate fees;

(b) Repeated violations of the Oregon Seed Law;

(c) Failure to adhere to probationary conditions;

(d) Multiple and/or flagrant violations of the Oregon Seed Law;

(e) Failure to cooperate in matters under investigation.

(3) Licenses may be revoked for:

(a) Continuing failure to pay appropriate fees;

(b) Multiple suspensions;

(c) Multiple flagrant violations of the Oregon Seed Law;

(d) Continuing failure to cooperate in matters under investigation.

(4) Re-issuance of license: a suspended license may be reinstated following correction of items listed in section (2) of this rule or upon the completion of a suspension period. A revoked license may be re-issued following correction of items listed in 603-056-0060 section (3) above, as determined by the director.

Stat. Auth.: ORS 561 & ORS 633
Stats. Implemented: ORS 633.711
Hist.: AD 5-1996, f. & cert. ef. 6-7-96

603-056-0095

Seed Dealer License Fees

The following designated annual license fees shall be applicable to each described activity under authority of ORS 633.700:

(1) Seed retailer: $40; and

(2) Seed wholesaler: $400.

Stat. Auth.: ORS 561.190 & 633.700
Stats. Implemented: ORS 633.700
Hist.: AD 30-1977, f. & ef. 12-30-77; AD 3-1990, f. & cert. ef. 3-16-90; AD 5-1991(Temp), f. 6-28-91, cert. ef. 7-1-91; AD 1-1992, f. & cert. ef. 2-3-92; AD 12-1993(Temp), f. 8-20-93, cert. ef. 8-23-93; AD 18-1993, f. & cert. ef. 12-1-93; DOA 18-2000 f. & cert ef. 6-14-00

603-056-0105

Labeling of Seed Containers

(1) The labeling of seed containers or bins, required by ORS 633.520, 633.531, 633.541 and 633.545, shall not be smaller than eight point type.

(2) The person who sells, offers for sale or transports agricultural or vegetable seed within this state shall be responsible for the required labeling.

(3) In addition to the statutory labeling requirements, seed packaged in hermetically sealed containers shall also be labeled to indicate that the seed has been preconditioned as to moisture con-tent and that the container has been hermetically sealed. The hermetically sealed containers may also be labeled with the statement "germination test valid until (month and year)," but the date shall not be more than 36 months after the test date.

(4) As provided in ORS 633.520(1), in addition to the name of the kind, the following seeds shall be labeled with one of the variety names or the statement "variety not stated": Alfalfa; Bahiagrass; Barley; Bean, field; Beet, field; Brome, smooth; Broomcorn; Clover, crimson; Clover, red; Clover, white; Corn, field; Corn, pop; Cotton; Cowpea; Fescue, tall; Flax; Lespedeza, striate; Millet, foxtail; Millet, pearl; Oat; Pea, field; Peanut; Rice; Rye; Safflower; Sorghum; Sorghum-Sundangrass, hybrid; Soybean; Sudangrass; Sunflower; Tobacco; Trefoil, birdsfoot; Wheat, common; and Wheat, durum. In the event two or more varieties of agricultural seed are packaged in one container, the label shall contain the kind, variety and percentage of each, in addition to the term "mixture" or "mixed seed."

Stat. Auth.: ORS 561 & ORS 633
Stats. Implemented: ORS 633.520, ORS 633.531, ORS 633.541 & ORS 633.545
Hist.: AD 8-1983, f. & ef. 7-19-83

603-056-0125

Lot Sizes

(1) In order to facilitate the Department's activities under ORS 633.670 and 633.680, the following agricultural seeds shall be limited to lot sizes of 55,000 pounds each:

(a) Bentgrass (Agrostis species);

(b) Bluegrass (Poa species);

(c) Brome, smooth (Bromus species);

(d) Clover (Trifolium species);

(e) Fescue (Festuca species);

(f) Meadow Foxtail (Alopecurus pratensis);

(g) Orchardgrass (Dactylis glomerata);

(h) Ryegrass, perennial (Lolium perenne);

(i) Timothy (Phleum pratense);

(j) Wheatgrass (Agropyron species);

(k) Ryegrass, Annual or Italian (Lolium-multiflorum);

(l) Ryegrass, Wimmera (Lolium rigidum);

(m) Vetch, Hairy (Vicia villosa);

(n) Vetch, Other (Vicia spp.).

(2) There shall be allowed a five percent tolerance in determining compliance with the provisions of section (1) of this rule.

(3) All laboratory analysis or test reports shall indicate the lot size applicable to the sampled seed.

(4) The lot size limitations established in section (1) of this rule shall not apply to agricultural seeds in lots contained in a single container exceeding 55,000 pounds, so long as such seed remains in such container (i.e., railroad hopper car).

Stat. Auth.: ORS 561 & ORS 633
Stats. Implemented: ORS 633.680
Hist.: AD 1039(29-74), f. 8-20-74, ef. 9-11-74; AD 1064(10-75), f. 7-21-75, ef. 8-11-75; AD 8-1983, f. & ef. 7-19-83

Sod Quality Seed Standards

603-056-0130

Labeling of Sod Quality for Varieties of Agricultural Seed

In addition to the labeling requirements of ORS 633.520 and rules promulgated thereunder, and in the event seed is found to meet the sod quality standards established by the Department, the seed varieties as described in OAR 603-056-0145, may be labeled as "Oregon Sod Quality Seed" by the permanent attachment of a tag, as prescribed in OAR 603-056-0135, to the container thereof. As used in this rule "permanent" means until delivery of the seed to the ultimate purchaser.

Stat. Auth.: ORS 561 & ORS 633
Stats. Implemented: ORS 633.680
Hist.: AD 1040(30-74), f. 8-20-74, ef. 9-11-74; AD 9-1982, f. & ef. 9-9-82

603-056-0135

Description and Use of Tags for Sod Quality Seed

(1) The official tag referred to in OAR 603-056-0130 shall be prepared and issued by the Department; be numerically identified; and set forth the kind and variety, lot number and date of issuance. Duplicate tags shall be attached to each container of the lot of seed qualifying as sod quality. No person shall attach such tag to any container or lot not qualifying as therein indicated nor remove such tag prior to delivery of the seed to the ultimate purchaser.

(2) A sample form of the tag is herewith reproduced for informational purposes (coloring of which may be modified). (See Exhibit 1.)

[ED. NOTE: The Exhibit(s) referenced in this rule is not printed in the OAR Compilation. Copies are available from the agency.]

Stat. Auth.: ORS 561 & ORS 633
Stats. Implemented: ORS 633.680
Hist.: AD 1040(30-74), f. 8-20-74, ef. 9-11-74; AD 9-1982, f. & ef. 9-9-82; AD 8-1983, f. & ef. 7-19-83

603-056-0140

Application, Fees, and Procedures for Sod Quality Qualification

Any person desiring to have his seed qualify as "Oregon Sod Quality Seed" shall:

(1) Request the Department or Oregon State University obtain seed samples for this purpose. Should such sampling be apart from and in addition to that performed by the Department or Oregon State University in their regulatory or other certification activity, the person requesting such sampling shall pay to the Department the fees chargeable for sampling under OAR 603-056-0305. In addition, such person shall pay to the Department a fee of $.20 each for the issuance of the tags described in OAR 603-056-0135.

(2) The testing of such seed samples obtained shall be performed by authorized personnel of Oregon State University in accordance with the standards prescribed in OAR 603-056-0145.

(3) The person requesting such seed qualification shall be responsible for having a copy of the seed test results communicated by Oregon State University to the Department.

(4) If the sample subject to testing for "Oregon Sod Quality Seed" qualification is from a regularly Certified Seed lot, only part of which is to be qualified as "Oregon Sod Quality Seed," then a separate sample shall be required from that part of the lot to be so qualified.

(5) Notwithstanding any other provisions of this section, the Director may accept sod quality testing results from laboratories that are recognized by Oregon State University for Seed Certification testing.

Stat. Auth.: ORS 561.190, ORS 632 & ORS 633.680
Stats. Implemented: ORS 633.680
Hist.: AD 1040(30-74), f. 8-20-74, ef. 9-11-74; AD 11-1981, f. & ef. 7-6-81; AD 9-1982, f. & ef. 9-9-82; AD 16-1991, f. & cert. ef. 9-10-91; DOA 7-1998, f. & cert. ef. 8-10-98; DOA 16-1999, f. & cert. ef. 7-1-99; DOA 19-2000, f. & cert. ef. 6-14-00

603-056-0145

Standards for Sod Quality Certification

(1) The seed lots submitted shall meet all standards for certification by Oregon State University.

(2) The seed standards for "Oregon Sod Quality Seed" of hard fescue, sheep fescue, blue fescue, Kentucky bluegrass, red fescue, chewings fescue, perennial ryegrass, bentgrass and tall fescue shall be as set out in Table 1.

(3) "Noxious Weed" and "Crop and Weed" analyses shall be based on a 20 gram sample for hard fescue, sheep fescue and blue fescue, 25 gram sample for Kentucky bluegrass (except a 10 gram Poa annua search), 30 gram sample for red fescue and chewings fescue, 50 gram sample for ryegrass and tall fescue, and a 2-1/2 gram sample for bentgrass. Testing shall be discontinued when results of the tests exceed the maximum limits set forth in Table 1.

[ED. NOTE: Tables referenced are not included in rule text. Click here for PDF copy of table(s).]

Stat. Auth.: ORS 561.190 & 633.520
Stats. Implemented: ORS 633.680
Hist.: AD 1040(30-74), f. 8-20-74, ef. 9-11-74; AD 1060(6-75), f. 5-30-75, ef. 6-25-75; AD 2-1979, f. & ef. 1-29-79; AD 9-1982, f. & ef. 9-9-82; AD 3-1990, f. & cert. ef. 3-16-90; AD 1-1991, f. & cert. ef. 1-14-91; DOA 25-2000, f. & cert. ef. 9-15-00; DOA 10-2011(Temp), f. 6-30-11, cert. ef. 7-1-11 thru 12-20-11; DOA 18-2011, f. & cert. ef. 10-4-11

603-056-0160

Labeling of Endophyte Fungus Tested Grass Seed

(1) In addition to the labeling requirements of ORS 633.520, and rules promulgated thereunder, and in the event forage grass seed is found to meet the tolerance standard for endophyte fungus, as specified in OAR 603-056-0170(3), then the forage grass seed may be labeled as having been satisfactorily tested for endophyte fungus through the attachment of a tag prescribed in section (2) of this rule.

(2) The tag referred to in section (1) of this rule shall be prepared and issued by the Department, be numerically identified, and set forth the date, lot number and kind of seed. Duplicate tags shall be attached to each container of the lot of qualifying seed. A sample form of the prescribed tag is herewith reproduced for informational purposes (see Exhibit 2). An applicant for endopyhyte fungus testing shall pay the Department a fee of $.20 for each tag or duplicate tag issued.

[ED. NOTE: The Exhibit(s) referenced in this rule is not printed in the OAR Compilation. Copies are available from the agency.]

Stat. Auth.: ORS 561.190 & ORS 633.680
Stats. Implemented: ORS 633.680
Hist.: AD 12-1983, f. & ef. 9-20-83; AD 16-1991, f. & cert. ef. 9-10-91; DOA 19-2000, f. & cert. ef. 6-14-00

603-056-0165

Application and Fees for Endophyte Fungus Testing

(1) An application for endophyte fungus testing shall be made on a form prescribed by the Department, which shall include the consent of the applicant for the Department to enter premises in order to obtain seed samples for testing purposes.

(2) At the time seed samples are obtained, unless the Department specifies a later time, the applicant shall pay to the Department a fee as set forth in 603-052-1150. The fees specified in this rule are for the purpose of defraying expenses incurred by the Department, and any other cooperating agency, in carrying out the sampling and testing procedures to determine the existence of endophyte fungus in forage grass seed, and payment of the fee shall not be construed as granting any right or privilege to an applicant.

Stat. Auth.: ORS 561.190 & ORS 633.680
Stats. Implemented: ORS 633.680
Hist.: AD 12-1983, f. & ef. 9-20-83; AD 16-1991, f. & cert

603-056-0170

Procedures and Tolerance Standard for Endophyte Fungus Testing

(1) Sampling of forage grass seed shall be performed by the Department on a random basis so as to obtain a representative sample of the lot of seed. Sampling procedures shall be consistent with those set forth in the Joint Rules and Regulations for the Enforcement of the Federal Seed Act, 7 CFR Section 201.201 - 201.230.

(2) Testing of forage grass seed samples shall include the seed staining technique or other scientifically recognized diagnostic tests for the presence of endophyte fungus in grass seed. Testing shall be performed by the Department, or in whole or in part by such other cooperating agency it may designate.

(3) A forage grass seed sample shall be considered satisfactorily tested for endophyte fungus, Epichloe typhina (Acremonium coenophialum), or the metabolites thereof, if the test of the seed sample indicates a level of five percent or less.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 561 & ORS 633
Stats. Implemented: ORS 633.680
Hist.: AD 12-1983, f. & ef. 9-20-83

Noxious Weed Seed Tolerances

603-056-0205

Prohibited and Restricted Noxious Weed Seed

(1) As provided in ORS 633.561 and 633.571, the following are declared as prohibited noxious weed seeds:

(a) Austrian peaweed (Sphaerophysa salsula);

(b) Bearded creeper (Crupina vulgaris);

(c) Bindweed or wild morningglory (Convolvulus arvensis);

(d) Camelthorn (Alhagi camelorum);

(e) Dalmatian toadflax (Linaria dalmatica);

(f) Dyers woad (Isatis tinctoria);

(g) Fieldcress, Austrian (Rorippa austriaca);

(h) Garlic, wiId (Allium vineale);

(i) Goatgrass, jointed (Aegilops spp.);

(j) Halogeton (Halogeton glomeratus);

(k) Italian and slenderfIower thistle (Carduus pycnocephalus and C. tenuiflorus)

(l) Knapweeds Russian, diffuse, spotted and squarrose (Centaurea [=Acroptilon] repens, C. diffusa, C. maculosa and C. virgata);

(m) Musk thistle (Carduus nutans);

(n) Perennial pepperweed (Lepidium latifolium);

(o) Quackgrass (Elytrigia [=Agropyron] repens);

(p) Ragwort, tansy (Senecio jacobaea);

(q) Serrated tussock (Nasella trichotoma);

(r) Skeletonweed (Chondrilla juncea);

(s) Sowthistle, perennial (Sonchus arvensis);

(t) Spurge, leafy (Euphorbia esula);

(u) Starthistles, Malta, yellow, Iberian and purple (Centaurea melitensis, C. solstitialis, C. iberica and C. calcitrapa);

(v) Thistle, Canada (Cirsium arvense);

(w) White top (Cardaria draba and its varieties, and C. pubescens).

(2) As provided in ORS 633.561 and 633.571, the following are declared as restricted noxious weed seeds with the maximum allowable number of seeds per pound: Maximum Allowed Per Pound:

(a) Bedstraw (Galium tricorne) -- 45;

(b) Dodder (Cuscuta spp.) -- 9;

(c) Johnsongrass (Sorghum halepense) -- 5;

(d) Ragweed (Ambrosia artemisiifolia)-- 18;

(e) Medusahead rye (Elymus caput-medusae) -- 45;

(f) St. Johnswort or goatweed (Hypericum perforatum)-- 180.

(3) Any lot of agricultural seed or vegetable seed found containing prohibited noxious weed seeds or restricted noxious weed seeds in excess of the allowable number per pound, may be embargoed, seized or detained as authorized by ORS 633.670(3). The embargoed, seized or detained seed may be released if treated to destroy the viability of the noxious weed seed. Any treatment to destroy the viability of noxious weed seed shall include the grinding or incineration of the screenings so that no whole noxious weed seed are visible upon inspection.

Stat. Auth.: ORS 561 & ORS 633
Stats. Implemented: ORS 633.680
Hist.: AD 8-1983, f. & ef. 7-19-83; AD 1-1989(Temp), f. & cert. ef. 1-26-89; AD 7-1989, f. & cert. ef. 5-26-89; AD 5-1996, f. & cert. ef. 6-7-96

603-056-0210

Embargo, Seizure, Detention or Quarantine of Seed

Any embargo or seizure of agricultural seed or vegetable seed under the authority of ORS 633.670(3), and any quarantine or detention of agricultural seed or vegetable seed under the authority of ORS 633.690, shall conform to the requirements of ORS 561.605 to 561.630 relating to the exercise of the Department's seizure, detention and embargo powers.

Stat. Auth.: ORS 561 & ORS 633
Stats. Implemented: ORS 633.680
Hist.: AD 8-1983, f. & ef. 7-19-83

Commodity Inspection

603-056-0305

Regular Fees and Charges for Seed Sampling and Inspection

The following fees and charges are established for the services indicated. For Official Verification services, including but not limited to: fumigation, seed treatment, check-weighing and check loading, a charge of $48 per hour shall apply. Chargeable time shall be computed to the nearest one-half hour, but shall not include travel time from the Department office to an inspection point.

For Official Sampling services, a charge of $36 minimum shall apply for each call:

(1) $36 for the first lot sampled;

(2) $6 for each additional lot sampled;

(3) In instances were the first lot sampled and subsequent additional lots sampled equal an amount less than $48 per hour; an hourly charge of $48 per hour shall apply. Chargeable time shall be computed to the nearest one-half hour, but shall not include travel time from the Department office to an inspection point.

(4) The Department shall charge a fee of $50, for each occurrence, when services are requested and the seed lot is inaccessible.

Stat. Auth.: ORS 561.190, 632 & 633.680
Stats. Implemented: ORS 561, 632 & 633.680
Hist.: AD 865(1-68), f. 1-22-68, ef. 2-1-68; AD 1100(21-76), f. & ef. 7-20-76; AD 11-1981, f. & ef. 7-6-81; AD 8-1983, f. & ef. 7-19-83; AD 16-1991, f. & cert. ef. 9-10-91; DOA 19-2000, f. & cert. ef. 6-14-00; DOA 11-2010, f. & cert. ef. 7-12-10

603-056-0310

Phytosanitary Certificates

(1) Certificate issuance (five copies) — $5.

(2) Each additional copy — $1.

(3) Each lot must be officially sampled and the sample must be current; complete information necessary for issuance of the certificate must be received by the Department in writing; and in the case of seed, an official seed laboratory report received indicating the lot meets import requirements of the receiving country prior to issuance. Field inspections are required for some seed exported to some countries.

Stat. Auth.: ORS 561.190, ORS 632 & ORS 633.680
Stats. Implemented: ORS 561, ORS 632 & ORS 633.680
Hist.: AD 865(1-68), f. 1-22-68, ef. 2-1-68; AD 11-1981, f. & ef. 7-6-81; AD 8-1983, f. & ef. 7-19-83; AD 16-1991, f. & cert. ef. 9-10-91; DOA 19-2000, f. & cert. ef. 6-14-00

603-056-0315

Field Inspection Fees and Charges Relating To Seed

The fees and charges for seed field inspections required for the issuance of certificates by the Department are established at $6.50 per acre for each field with a minimum fee of $50 for each field inspected and a maximum fee of $450 per field. The fee for processing all applications for field inspection shall be $3 for each application; this includes applications for inspecting bean seed fields for certification for replanting in Malheur County. Bean seed fields inspected for certification for replanting in Malheur County shall have inspection fees of $3.50 per acre per inspection with a minimum per field charge of $30. Applications must be postmarked by April 1 for fall planted or perennial crops and May 1 for spring planted crops. Late applications may be charged the established rate for time and mileage, which is higher than the fees listed above.

Stat. Auth.: ORS 561, 632 & 633
Stats. Implemented: ORS 561, 632 & 633.680
Hist.: AD 865(1-68), f. 1-22-68, ef. 2-1-68; AD 1100(21-76), f. & ef. 7-20-76; AD 11-1981, f. & ef. 7-6-81; AD 8-1983, f. & ef. 7-19-83; AD 18-1994, f. & cert. ef. 11-10-94; DOA 3-2000, f. & cert. ef. 1-11-00; DOA 10-2010, f. & cert. ef. 4-21-10

603-056-0320

Miscellaneous Fees and Charges for Seed Sampling and Inspection

In the event the conditions of the request, or in the event an applicant's failure to have seed, hay or straw available for inspection or service at the designated time and place, results in the need for additional mileage or time, such shall be charged in accordance with the regular fees and charges prescribed in OAR 603-056-0305.

Stat. Auth.: ORS 561, ORS 632 & ORS 633
Stats. Implemented: ORS 561, ORS 632 & ORS 633.680
Hist.: AD 865(1-68), f. 1-22-68, ef. 2-1-68; AD 1100(21-76), f. & ef. 7-20-76; DOA 19-2000, f. & cert. ef. 6-14-00

Germination Standards

603-056-0400

Germination of Vegetable Seeds

(1) The Oregon Standards of germination percentages as established are as follows: Kind of Seed -- Oregon Standard Germination:

(a) Asparagus -- 70;

(b) Beans (other than Limas) -- 70;

(c) Beans, Lima (large) -- 70;

(d) Beans, Lima (small) -- 80;

(e) Beets -- 65;

(f) Broccoli -- 75;

(g) Brussels Sprouts -- 70;

(h) Cabbage -- 75;

(i) Carrot -- 55;

(j) Cauliflower -- 75;

(k) Celery -- 55;

(l) Celery cabbage -- 75;

(m) Celeriac -- 55;

(n) Chard, Swiss -- 65;

(o) Chicory -- 65;

(p) Citron -- 65;

(q) Collard -- 80;

(r) Corn (sweet) -- 75;

(s) Cucumber -- 80;

(t) Dill -- 60;

(u) Egg plant -- 60;

(v) Endive -- 70;

(w) Kale (edible) -- 75;

(x) Kohl Rabi -- 75;

(y) Leek -- 60;

(z) Lettuce -- 80;

(aa) Muskmelon -- 75;

(bb) Mustard -- 75;

(cc) Okra -- 50;

(dd) Onion -- 70;

(ee) Parsley -- 60;

(ff) Parsnip -- 60;

(gg) Peas -- 80;

(hh) Peppers -- 55;

(ii) Pumpkin -- 75;

(jj) Radish -- 75;

(kk) Rutabaga -- 75;

(ll) Salsify -- 75;

(mm) Spinach -- 60;

(nn) Squash -- 75;

(oo) Tomatoes -- 75;

(pp) Turnips -- 80;

(qq) Watermelons -- 70.

(2) Vegetable seeds and packages of such vegetable seeds may be labeled with the words "Oregon Standard Germination" in lieu of the approximate percentage of germination when the percentage of germination of such seed is equal to or greater than the percentage established in these standards.

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]

Stat. Auth.: ORS 561 & ORS 633
Stats. Implemented: ORS 633.680
Hist.: AD 213, f. 7-9-45, ef. 7-16-45; AD 930(15-70), f. 12-17-70, ef. 1-15-71; Administrative Reformatting 1-8-98

Seed in Hermetically Sealed Containers;
Packaging, Germination Tests, and Labeling

603-056-0410

Germination Tests

The germination test for agricultural and vegetable seed in hermetically sealed containers shall have been completed within the following period, exclusive of the calendar month in which the test was completed, immediately prior to shipment, delivery, transportation, or sale:

(1) In the case of agricultural or vegetable seeds shipped, delivered, transported, or sold to a dealer for resale, 18 months;

(2) In the case of agricultural or vegetable seeds for sale or sold at retail, 36 months.

Stat. Auth.: ORS 561.190 & ORS 633.680
Stats. Implemented: ORS 633.680
Hist.: AD 865(1-68), f. 1-22-68, ef. 2-1-68

603-056-0415

Conditions of Packaging

The following conditions are considered as a minimum for packaging seed in hermetically sealed containers:

(1) A container shall not allow water vapor penetration through any wall, including the wall seals, greater than 0.05 gram of water per 24 hours per 100 square inches of surface at 100°F with a relative humidity on one side of 90 percent and on the other of zero percent. Water vapor penetration or WVP is measured by the standards of the U.S. Bureau of Standards as:

 

gm. H20/24 hr./100 sq.in./100°F/90%RH V. 0% RH

 

(2) The percentage of moisture, on a wet weight basis, of agricultural or vegetable seeds subject to the provisions of this rule shall not exceed the following: Maximum Percent Seed Moisture:

(a) Gramineae Family:

(A) Sweet corn -- 8.0;

(B) Kentucky bluegrass -- 8.0;

(C) Red Fescue -- 8.0;

(D) Perennial ryegrass -- 8.0.

(b) Liliaceae Family: Onion, leek, chive, welsh onion -- 6.5;

(c) Chenopodiaceae Family:

(A) Beet, chard -- 7.5;

(B) Spinach -- 8.0.

(d) Cruciferae Family: Cabbage, broccoli, cauliflower, collards, Chinese cabbage, kale, turnip, rutabaga, kohlrabi, Brussels sprouts, mustard, radish -- 5.0;

(e) Leguminosae Family:

(A) Snap bean, lima bean, pea -- 7.0;

(B) Crimson clover -- 8.0.

(f) Umbelliferae Family:

(A) Carrot, celery, celeriac -- 7.0;

(B) Parsnip -- 6.0;

(C) Parsley -- 6.5.

(g) Solanaceae Family:

(A) Tomato -- 5.5;

(B) Pepper -- 4.5;

(C) Eggplant -- 6.0.

(h) Cucurbitaceae Family:

(A) Cucumber, muskmelon, squash, pumpkin -- 6.0;

(B) Watermelon -- 6.5.

(i) Compositae Family: Lettuce -- 5.5;

(j) All other agricultural or vegetable seed not listed above -- 8.0;

(k) Turf or Pasture Seed Mixtures -- 8.0.

(3) A tolerance of one (1.0) percent moisture is applicable to the maximum percentage of moisture listed in section (2) of this rule and the percentage of moisture found by an official test. The percentage of moisture shall be determined by the air oven method.

Stat. Auth.: ORS 561 & ORS 633
Stats. Implemented: ORS 633.680
Hist.: AD 865(1-68), f. 1-22-68, ef. 2-1-68; AD 8-1983, f. & ef. 7-19-83

Treated Seed; Use of Toxic
Substances and Labeling of Containers

603-056-0431

Chemically Treated Seed

(1) As used in this rule:

(a) "Treated seed" means agricultural seed, including grain intended for planting purposes, and vegetable seed, which have been injected, coated, sprayed or otherwise intentionally exposed to a pesticide as defined in ORS 634.006(8);

(b) "Common name of the pesticide" means the name or abbreviation of a name of the substance as it appears on the pesticide label.

(2) In addition to the labeling requirements of ORS 633.520, 633.531 and 633.541, each container of treated seed shall:

(a) Be labeled in compliance with any direction for labeling treated seed as indicated on the label of the seed treatment pesticide;

(b) Be clearly labeled that the seed has been treated, e.g., "treated seed -- (common name of the pesticide)", "this seed treated with (common name of the pesticide)"; "(common name of the pesticide) treated", or "treated with (common name of the pesticide) -- do not use for feed." If there is no common name of the pesticide the generally known chemical name, or abbreviation of the name, shall be used. The term "mercurial," "mercury," "mercury compound," or "mercurial seed treatment" may be used as the common name of the seed treatment pesticide containing mercury or a form of mercury.

(3) In addition to the labeling requirements of section (2) of this rule, if the seed treatment pesticide is one determined to be harmful to humans or other vertebrate animals, then the containers of the treated seed shall:

(a) Be labeled with a sign of a skull and crossbones, and the word "Poison" printed in red on a white background or the reverse thereof;

(b) Be labeled with a warning or caution statement identifying the particular hazards involved in handling the treated seed (e.g., skin contact, inhalation, swallowing), and a statement of any known characteristics of poison from the pesticide along with the identity of an antidote and method of administering it, which label shall substantially conform to the same information on the label of the seed treatment pesticide.

(4) Only those pesticides registered for seed treatment purposes by the U.S. Environmental Protection Agency or by the Department may be used for seed treatment.

Stat. Auth.: ORS 561 & ORS 633
Stats. Implemented: ORS 633.680
Hist.: AD 8-1983, f. & ef. 7-19-83

Civil Penalty for Seed Law Violation

603-056-0460

Civil Penalty and License Suspension or Revocation Authority

As provided in Chapter 633, Oregon Laws 1989, any person who violates any provision of ORS 633.511 to 633.750, a rule adopted pursuant thereto or the terms or conditions of any order issued by the State Department of Agriculture under ORS 633.511 to 633.750, after notice and contested case hearing in accordance with ORS 183.310 to 183.550, shall be subject to a civil penalty not to exceed $2,500 per violation and/or a suspension or revocation of their seed dealers license as provided in ORS 561.305 and OAR 603-056-0060. If a civil penalty is imposed, the department shall issue a written notice to the person being assessed the penalty. The notice shall be by certified mail to the person's last known address, and shall set forth therein the maximum amount of such penalty, the reason for the assessment and the date and place the civil penalty is to be paid. The person shall also be informed as to the procedures by which the contested case will be heard, their rights in the hearing, the import and effect of the hearing, and their rights and remedies with respect to actions taken by the department. Such contested cases will be conducted under the guidelines of ORS 183.413 to 183.470. Each violation may be a separate and distinct offense, and in the case of a separate distinct offense.

Stat. Auth.: ORS 561 & ORS 633
Stats. Implemented: ORS 633.711
Hist.: AD 3-1990, f. & cert. ef. 3-16-90; AD 5-1996, f. & cert. ef. 6-7-96

603-056-0480

Violations and Penalties

(1) Selling, offering for sale or exposing for sale in the state of Oregon any agricultural or vegetable seed which is not labeled or is mislabeled as to kind, variety, origin, lot number, other crop seed, weed seed, inert matter, name and number of restricted noxious weed seeds, percentage of germination, percentage of hard seed, month and year of testing, name and address of labeller or seller of seed, month and year beyond which any inoculant is no longer claimed to be effective appropriate information and warning of any chemical treatments used and net quantity of contents. Penalty -- $100 to $1,000.

(2) Selling, offering for sale or exposing for sale in the state of Oregon any agricultural or vegetable seed which is mislabeled as to the variety name on seed varieties protected by the Plant Variety Protection Act. Penalty -- $500 to $2,500.

(3) Selling, offering for sale or exposing for sale in the state of Oregon any agricultural or vegetable seed which contains any prohibited noxious weed seeds as listed. Penalty -- $100 to $1,000.

(4) Selling, offering for sale or exposing for sale in the state of Oregon any agricultural or vegetable seed which contains restricted noxious weed seeds in excess of the permissible numbers established per pound in OAR 603-056-0205(2). Penalty -- $100 to $500.

(5) Selling or offering for sale in the state of Oregon any agricultural or vegetable seed that has not been tested to determine the percentage of germination within the preceding 18 months (except hermetically sealed seed to be sold at retail which shall be tested within 36 months of sale.) Penalty -- $100 to $1,000.

(6) Selling or offering for sale in the state of Oregon any agricultural or vegetable seed that is represented as being certified, but which had not been produced under an official certification Department of Agriculture program. Penalty -- $500 to $2,500.

(7) Use of any certification, endophyte or sod quality labels, tags or seals on agricultural or vegetable seeds being exposed or offered for sale that do not meet the requirements for use of such labels, tags or seals. Penalty -- $500 to $2,500.

(8) Failure to keep proper records and documentation as required by Oregon seed law and the Federal Seed Act. Penalty -- $100 to $1,000.

(9) Failure to comply with an officially ordered quarantine of any agricultural or vegetable seed. Penalty -- $500 to $2,500.

(10) Falsification of records pertaining to any dealing with agricultural or vegetable seed. Penalty -- $500 to $2,500.

(11) Tampering with, or falsification in any manner of official samples of any agricultural or vegetable seeds. Penalty -- $2,500.

(12) Interference with or noncooperation with any county, state or federal official involved in any official activities pertaining to agricultural or vegetable seeds. Penalty -- $500 to $2,500.

(13) Selling or offering for sale in the state of Oregon any agricultural or vegetable seeds without a valid Oregon seed dealers license. Penalty:

(a) Retail -- $100;

(b) Wholesale -- $500.

Stat. Auth.: ORS 561 & ORS 633
Stats. Implemented: ORS 633.711
Hist.: AD 3-1990, f. & cert. ef. 3-16-90

603-056-0490

Mitigating Circumstances

During the process of determining the amount of civil penalty to be assessed, the director may take into consideration any factors which have an influence on the particular case. Such factors may include the number of containers or pounds of seed involved, whether the violation appears to be accidental or flagrant and intentional, whether the violation is a first time offense or if there is a history of violations and the degree of cooperation shown by the person involved in the violation. Any person adversely affected or aggrieved by the Department's order of a civil penalty is entitled to judicial review of the order as provided in ORS 183.480 to 183.500.

Stat. Auth.: ORS 561 & ORS 633
Stats. Implemented: ORS 633.711
Hist.: AD 3-1990, f. & cert. ef. 3-16-90

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

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