ORS 633.738
Prohibition of local laws to inhibit or prevent production or use of seeds or products of seeds

(1)

As used in this section:

(a)

“Local government” has the meaning given that term in ORS 174.116 (“Local government” and “local service district” defined).

(b)

“Nursery seed” means any propagant of nursery stock as defined in ORS 571.005 (Definitions for ORS 571.005 to 571.230).

(2)

Except as provided in subsection (3) of this section, a local government may not enact or enforce a local law or measure, including but not limited to an ordinance, regulation, control area or quarantine, to inhibit or prevent the production or use of agricultural seed, flower seed, nursery seed or vegetable seed or products of agricultural seed, flower seed, nursery seed or vegetable seed. The prohibition imposed by this subsection includes, but is not limited to, any local laws or measures for regulating the display, distribution, growing, harvesting, labeling, marketing, mixing, notification of use, planting, possession, processing, registration, storage, transportation or use of agricultural seed, flower seed, nursery seed or vegetable seed or products of agricultural seed, flower seed, nursery seed or vegetable seed.

(3)

Subsection (2) of this section does not prohibit a local government from enacting or enforcing a local law or measure to inhibit or prevent the production or use of agricultural seed, flower seed, nursery seed or vegetable seed or products of agricultural seed, flower seed, nursery seed or vegetable seed on property owned by the local government. [2013 s.s. c.4 §3]

Source: Section 633.738 — Prohibition of local laws to inhibit or prevent production or use of seeds or products of seeds, https://www.­oregonlegislature.­gov/bills_laws/ors/ors633.­html.

Notes of Decisions

Prohibition in this section on local government’s enacting or enforcing local limits on production or use of plant seeds does not apply to city ordinance that requires marijuana plants grown at home for personal use be grown indoors because marijuana seeds used to grow marijuana plants at home are not “flower seed” or “nursery stock” within meaning of statute. Brown v. City of Grants Pass, 291 Or App 8, 414 P3d 898 (2018), Sup Ct review denied

Law Review Citations

100 OLR 181 (2021)

633.006
Definitions for ORS 633.006 to 633.089 633.015
Registration of commercial feed required 633.026
Labeling requirements for commercial feed 633.028
Information required to accompany custom mixed feed 633.029
License required for animal feed manufacturers and distributors 633.037
Records required of licensees 633.045
Adulterated commercial feeds prohibited 633.055
Misbranding commercial feed prohibited 633.065
Department to test commercial feeds 633.067
Commercial feed law administration and enforcement 633.077
Testing and analysis of bulk commercial feed and custom mixed feed 633.083
Cooperation with governmental units 633.088
Withdrawal from distribution of feeds sold or distributed in violation of law 633.089
Disposition of moneys received by department 633.311
Definitions for ORS 633.311 to 633.479 633.315
Applicability of ORS 633.311 to 633.479 and 633.994 633.318
Licensing of manufacturers and bulk distributors 633.321
Label requirements for fertilizer, agricultural amendment, agricultural mineral and lime products 633.331
Additional label requirements for lime products 633.336
Additional label requirements for agricultural amendment 633.341
Additional label requirements for agricultural mineral 633.344
Label guarantees of additional plant nutrients 633.362
Registration of fertilizer, agricultural amendment, agricultural mineral and lime products 633.364
Confidentiality of certain information supplied in application for registration 633.366
Prohibitions 633.371
Disposition of revenues 633.385
Department access 633.388
Reports of official sample 633.441
Rules 633.445
Orders preventing sale or other disposition of product 633.462
Tonnage reports 633.465
Inspection fees 633.476
Record keeping for custom mix products 633.479
Fertilizer Research Committee 633.487
Definitions for ORS 633.487 to 633.491 633.489
Certification of dyes or other additives 633.491
Anhydrous Ammonia Additive Review Committee 633.511
Definitions for ORS 633.511 to 633.750 633.520
Labeling agricultural seed or bulk flower seed 633.531
Labeling vegetable or flower seed weighing one pound or less 633.541
Labeling vegetable seed weighing more than one pound 633.545
Labeling bins and bulk displays 633.550
Exemptions from labeling provisions 633.561
Preparation of list of prohibited noxious weed seeds and restricted noxious weed seeds 633.571
Changes in lists 633.580
Seed testing laboratory 633.600
Fees for seed tests 633.610
Seed testing fund 633.620
Certification of seeds, tubers and plants 633.630
Certification fund 633.640
Dean may employ assistants 633.651
Prohibited acts 633.655
When penalties not applicable 633.660
Enforcement and administration 633.670
Inspection and sampling of seeds 633.680
Establishment of standards of germination 633.690
Quarantine of seed entering state 633.700
Retailer and wholesaler licenses 633.720
Sampling and testing on request of owner of seed 633.733
Legislative findings regarding seed regulation 633.738
Prohibition of local laws to inhibit or prevent production or use of seeds or products of seeds 633.741
Jackson County exemption from ORS 633.738 633.750
Disposition of fees and charges paid under ORS 633.511 to 633.750 633.752
Presence of department representative during crop testing 633.992
Criminal penalties 633.994
Civil penalties for fertilizer law violations 633.996
Civil penalty for seed law violation
Green check means up to date. Up to date

Current through early 2024

§ 633.738’s source at oregon​.gov