retail seed dealers and wholesale seed dealers must obtain a seed dealer
license from the department prior to selling, offering for sale, or exposing
for sale any agricultural, flower, or vegetable seed.
Before the department issues any seed
dealer license, a person 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, officer, agent, manager, and principle of that entity;
(b) Location(s) of the applicant, including a
mailing address and registered agent;
(c) Phone numbers of the applicant;
(d) Electronic mail address of the applicant
structure of the applicant, e.g. proprietorship, partnership, corporation,
limited liability company, etc.;
(f) If an applicant or any of its associated
officers, agents, or partners have had or have been found to have violated of
the Federal Seed Act, the Oregon Seed Law, or any other state's laws related to
agricultural, flower, or vegetable seed within the 36 months prior to the date
of the application, or if the applicant or any of its associated officers,
agents, or partners has received a penalty or penalties totaling $10,000 or
more related to agricultural, flower, or vegetable seed dealings or has been
placed on probation, had a license suspended, or had a license revoked for any
licenses related to agricultural, flower, or vegetable seed dealings.
(3) The department shall furnish
first time seed dealer licensees with copies of the Oregon Seed Law. All first
time licensees shall read the documents provided.
(4) Department staff shall contact first time
licensees during their initial annual licensing period in order to provide
education to aid in complying with the Oregon Seed Law.
department may refuse to issue, reissue, or renew a person's seed dealer
license when that person's license has been suspended and the person is not yet
eligible for reissuance, when the person's license has been revoked, or when
that person was an officer of another entity at the time when that entity
committed action that resulted in its seed dealer license being suspended or
revoked, or when a person who exercised substantial control over the seed
industry activities of a seed dealer at the time of an event that resulted in
the seed dealers license being suspended or revoked.
(b) The department must notify an applicant
of its decision to refuse to issue, reissue, or renew a seed dealer license in
writing as a contested case order that is consistent with ORS Chapter 183.430
and shall serve its notice on the applicant and on any party to the previous
action resulting in suspension of the seed dealer's license.