Unless the context clearly requires otherwise, the following
definitions apply to all rules in this chapter 603, division 56:
(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, lawn, or turf seed, and mixtures of any such
(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.
"Conditioner" means any person who cleans, dries, blends, bags, treats, or
(4) "Complete record"
means any and all information which relates to the origin, treatment,
viability, kind and variety of each lot of agricultural, vegetable, or flower
seed sold in this state. Such information includes seed samples and records of
declarations, labels, purchase and sales records, conditioning, bulking, and
treatment records, handling and storage records, analyses, copies of tests, and
"Department" means the Oregon Department of Agriculture.
(6) "Director" means the Director of the
department or the Director's agent.
(7) "Enforcement" means any documented action
taken by the department to address a violation.
"Federal Seed Act" means
7 CFR §§
(9) "Flagrant" means any
violation where the person had knowledge of the law requires and committed a
violation regardless of that knowledge.
(10) "Flower seed" means seeds of herbaceous
plants grown for their blooms, ornamental foliage, or other ornamental parts,
and commonly known and sold in this state under the name of flower or
wildflower seeds. Flower seed is not vegetable seed.
(11) "Gravity of circumstance" is the ranking
of a violation with respect to its effect, or potential effect, on the public
interests reflected in ORS chapter 633. The department ranks a violation as
high, medium, or low.
Matter" includes stone, dirt, leafage, stems, badly broken seed, other similar
matter and masses of spores. Inert matter is not agricultural seed, vegetable
seed, or other crop seed.
"Intentionally" means the person acts, or fails to act, with a deliberate or an
express purpose to commit the action.
(14) "Knowingly" means the person acts, or
fails to act, with a practical understanding of, or a distinct skill in, the
general activity that was obtained through such means as instruction, study,
practice, or experience.
"Labeling" is all 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.
(16) "Letter of Advisement" is a written
notice issued by the department that informs a person that the department has
made a preliminary determination that a violation may be occurring and informs
the person of the potential consequences of any such violation. The Letter of
Advisement shall also inform a person of possible corrective actions that may
be taken and possible consequences of non-compliance with proposed corrective
actions. A Letter of Advisement may be followed by a a Notice of Violation or
Notice of Imposition of Civil Penalty.
(17) "Magnitude of Violation" is the
categorization of the severity of a violation in relation to other types of
violations after considering its potential to affect the public interests
reflected in ORS chapter 633. The department categorizes a violation as major,
moderate, or minor.
(18) "Notice of
Violation" means a written notice issued by the department that informs a
person of the existence of a violation, required corrective actions, and the
consequences of non-compliance.
(19) "Notice of Imposition of Civil Penalty"
means a written notice issued by the department that informs the person of the
existence of a violation and imposes a civil penalty for the violation. The
Notice of Civil Penalty shall inform the person of how the civil penalty was
calculated and may require corrective action.
(20) Oregon Seed Law means Oregon Revised
to 633.996 and Oregon Administrative Rules Chapter 603 Division 56.
"Licensee" is any person, including any
officer or representative of the licensed entity, that holds a license. A
licensee specifically includes, but is not limited to, any of the following
individuals of a licensed entity:
president, vice president, secretary, treasurer or director of a
(b) A general partner
in a limited partnership;
manager in a manager-managed limited liability company;
(d) A member of a member-managed limited
(f) A person or group of
persons who direct or cause the direction of the management and policies of a
licensed seed dealer person, whether through ownership of voting securities, by
contract or otherwise.
(22) "Other Crop Seed" means that part of any
lot or sample of seed that consists of the seed of cereal grain and
agriculture, flower, and vegetable seeds other than those named on the label.
Other crop seed is not inert matter.
(23) "Owner" means the sole proprietor of,
partner in, or holder of a controlling interest in the named entity on an
application for a seed dealer's license.
(24) "Past occurrence of violations" means
any violation for which the department issued final order finding a violation
of imposing a civil penalty within the preceding five years. It does not
include any orders that the department withdrew, that were are successfully
appealed (meaning the Department did not issue a final order finding a
violation or imposing a civil penalty), or that are the subject of a pending
(25) "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
(26) "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.
(27) "Person" is any individuals, companies,
corporations, associations, firms, partnerships joint stock companies, or
public or municipal corporations.
(28) "Probation" means a period of time
during which a licensee may only operate in compliance with specific terms and
conditions established by the department.
(29) "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.
(30) "Pure Seed" means the agricultural or
vegetable seed of which there is the largest percentage by weight in any
unmixed lot or sample or, in the case of mixtures, means any agricultural or
vegetable seed consisting of not less than five percent by weight of the kind
or kinds of seed under consideration, not including other crop seed, weed seed,
and inert matter.
Noxious Weed Seed" means the seed of such weeds as are very objectionable in
fields, lawns, or gardens but can be controlled by good cultural
(32) "Retail Seed Dealer"
means any person who sells, offers for sale, or holds for sale, agricultural or
vegetable seed to ultimate consumers or users for planting purposes.
(33) "Revocation" means the total withdrawal
of license and any authorization to sell, offer for sale, or expose for sale
any agricultural, flower, or vegetable seed under conditions for which a
license is required.
"Suspension" means a period of time during which a license is withdrawn and a
person is prohibited from selling, offering for sale, or exposing for sale any
agricultural, flower, 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.
(35) "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. Vegetable seed is not flower seed.
(36) "Violation" means a violation by a
person of any provision of ORS 633.511 to
a violation of any rule adopted pursuant thereto, or a violation of any of the
terms or conditions of a final order issued pursuant thereto. Each violation is
a separate and distinct offense, and, in the case of a continuing violation,
each day's continuance thereof is a separate and distinct offense. Each
violation by a different person is a separate and distinct offense.
(37) "Wholesale Seed Dealer" means any person
who sells, offers for sale, or holds for sale, agricultural or vegetable seed
to retailers, distributors, brokers, or other wholesalers for resale.
(38) "Willfully" means the person acted, or
failed to act, after considering the potential effects and consequences of the