ORS 571.997
Civil penalties for ORS 571.055 and 571.525

(1)

In addition to any applicable criminal penalty under ORS 571.991 (Penalties for ORS 571.005 to 571.230) or 571.995 (Penalties for ORS 571.525, 571.570 and 571.575) or any other penalty, a person who violates ORS 571.055 (License required to grow or deal in nursery stock) or 571.525 (License required to operate as grower) is subject to a civil penalty imposed by the State Department of Agriculture. The civil penalty shall not exceed $10,000.

(2)

Every violation of ORS 571.055 (License required to grow or deal in nursery stock) or 571.525 (License required to operate as grower) is a separate offense subject to a separate civil penalty.

(3)

The department shall consult with, and seek the advice of, the State Christmas Tree Advisory Committee and the State Nursery Research and Regulatory Committee in order to:

(a)

Develop one or more schedules setting the amounts of civil penalties that may be imposed for particular types of violations;

(b)

Develop guidelines and policies regarding the circumstances under which civil penalties should be imposed; and

(c)

At least biannually review cases to ensure that guidelines and policies developed under paragraph (b) of this subsection are being followed.

(4)

The imposition of a civil penalty under this section is subject to ORS 183.745 (Civil penalty procedures).

(5)

The State Treasurer shall deposit all moneys from civil penalties recovered under this section into the Department of Agriculture Account.

(6)

Moneys from civil penalties recovered under this section for a violation of ORS 571.055 (License required to grow or deal in nursery stock) are continuously appropriated to the department for the administration of nursery laws and industry projects under ORS 571.005 (Definitions for ORS 571.005 to 571.230) to 571.230 (Disposition and use of moneys received).

(7)

Moneys from civil penalties recovered under this section for a violation of ORS 571.525 (License required to operate as grower) are continuously appropriated to the department for the administration of Christmas tree laws and industry projects under ORS 571.510 (Policy) to 571.580 (Disposition and use of moneys received). [1999 c.390 §6]

Source: Section 571.997 — Civil penalties for ORS 571.055 and 571.525, https://www.­oregonlegislature.­gov/bills_laws/ors/ors571.­html.

571.005
Definitions for ORS 571.005 to 571.230 571.015
Policy 571.025
State Nursery Research and Regulatory Committee 571.038
Plant Pest and Disease Emergency Response Fund 571.045
Exemption from licensing requirements 571.055
License required to grow or deal in nursery stock 571.057
License application 571.059
License fee surcharge 571.063
Temporary nursery sale license 571.075
Renewal of license 571.095
Form of license 571.105
Agent’s license 571.115
License not transferable 571.125
Suspension, revocation or refusal of license 571.135
Shipping permits, shipping invoices and bills of lading 571.145
Inspection of licensed and unlicensed nurseries 571.147
Department audit of books and records of licensees 571.160
General prohibition 571.170
Substitution or transportation of uninspected nursery stock prohibited 571.180
Misrepresentation of nursery stock by grower, dealer or agent prohibited 571.190
Knowingly selling, advertising or displaying damaged, misrepresented or mislabeled nursery stock prohibited 571.200
Knowingly offering to sell, moving or storing infected or infested nursery stock prohibited 571.210
Hold order on defective nursery stock 571.220
Imported nursery stock to bear certificate of origin 571.230
Disposition and use of moneys received 571.250
Interagency agreement to ensure compliance 571.260
Short title 571.263
Oregon Hemp State Program 571.266
Exclusion from ORS 571.260 to 571.348 571.269
Definitions for ORS 571.260 to 571.348 571.272
Regulation by department 571.275
Commission powers regarding industrial hemp 571.278
Industrial Hemp Fund 571.281
Grower and handler license 571.285
Revocation or refusal of licensure 571.287
Requirement to conduct criminal records check on applicant for grower license 571.289
Ineligibility for license 571.290
Industrial hemp propagation 571.291
Crop location 571.294
Charges for sampling or testing 571.306
Transport, receipt of industrial hemp, certain industrial hemp commodities or products 571.309
Industrial hemp product concentration, serving standards 571.312
Transfer of industrial hemp commodities and products intended for human consumption 571.316
Required reporting to department 571.319
Destruction, remediation of specified industrial hemp crop 571.322
Planting of industrial hemp crop, commitment of violation as grounds for refusal to issue license 571.325
Agricultural hemp seed labeling and certification 571.327
Hemp seed sales 571.330
Laboratory testing 571.333
Industrial hemp crop concentration standards 571.336
Delivery of industrial hemp to marijuana processor 571.337
Processor, retailer and wholesaler transaction involving industrial hemp commodity or product 571.339
Limitations on industrial hemp transaction involving consumer 571.345
Remediation for unintentional violation 571.348
Civil penalty 571.400
Definitions for ORS 571.400 to 571.501 571.402
Declarations 571.404
Duties of State Department of Agriculture 571.406
Temporary members of Oregon Hemp Commission 571.408
Ex officio members of Oregon Hemp Commission 571.410
Required declaration of vacancy of producer, processor office 571.412
Required declaration of vacancy of public member office 571.414
Authority to remove member of Oregon Hemp Commission 571.417
Payment for member of Oregon Hemp Commission 571.420
Meetings 571.423
Powers of Oregon Hemp Commission 571.426
Authority to contract 571.429
Oregon Hemp Commission authority, duties relating to moneys 571.432
Administrative support for Oregon Hemp Commission from Oregon Department of Administrative Services 571.435
Provision and receipt of services, facilities and materials to, from other state agencies 571.438
Exemption from certain financial administration laws 571.441
Commission employees not subject to state personnel compensation plans 571.444
Intellectual property 571.447
Levy and collection of assessment 571.450
Exemptions from assessments 571.453
Assessment collection requirements 571.456
Reporting to Oregon Hemp Commission of sales, transfers of hemp by producer 571.459
Requirement to maintain records 571.462
Penalty for delayed payment of assessment 571.465
Penalty for failure to pay assessment 571.468
Dispute regarding amount of assessment 571.471
Financial activity of Oregon Hemp Commission 571.474
Fidelity bond 571.477
Cancellation of uncollectible assessment 571.480
Maintenance of books, records and accounts 571.483
Oregon Hemp Commission budget 571.486
Requirement to comply with ORS 571.483 in order to make, incur expenditure 571.489
Limitation on amount, purpose of expenditure 571.492
Unforeseen expenditure 571.495
Distribution of moneys upon abolishment of Oregon Hemp Commission 571.498
Sale of hemp considered sale in commercial channels 571.501
Penalty for violation of ORS 571.400 to 571.501 571.505
Definitions for ORS 571.510 to 571.580 571.510
Policy 571.515
State Christmas Tree Advisory Committee 571.520
Exemptions from licensing requirements 571.525
License required to operate as grower 571.530
License application 571.535
Renewal of license 571.540
Form of license 571.545
License not transferable 571.550
Suspension, revocation or refusal of license 571.555
Issuance of shipping permit numbers 571.560
Inspections for pest, disease and weed control 571.565
Department to determine accuracy of acreage reporting for fee calculations 571.570
Substitution or transportation of uninspected Christmas tree stock 571.575
Knowingly offering to sell infected or infested Christmas tree stock 571.580
Disposition and use of moneys received 571.600
Definitions for ORS 571.605 to 571.620 571.605
Economic development assistance 571.610
Technical business assistance 571.615
Workforce training assistance 571.620
Identification and mapping of marketable stands 571.625
Western Juniper Industry Fund 571.650
Definitions for ORS 571.650 to 571.660 571.655
License required 571.660
Rules 571.665
Revocation, suspension or denial of or refusal to renew license 571.670
Disposition of fee moneys 571.991
Penalties for ORS 571.005 to 571.230 571.993
Penalty for violation of ORS 571.655 571.995
Penalties for ORS 571.525, 571.570 and 571.575 571.997
Civil penalties for ORS 571.055 and 571.525
Green check means up to date. Up to date

Current through early 2024

§ 571.997’s source at oregon​.gov