Or. Admin. Code § 603-059-0080

Current through Register Vol. 63, No. 10, October 1, 2024

Section 603-059-0080 - Enforcement Guidelines

(1) In addition to any other penalty provided by law, the Director may assess civil penalties for prohibited acts identified in ORS 633.366. Civil penalties will be issued in accordance to the magnitude of the violation. The department is not precluded from utilizing other enforcement alternatives. Enforcement alternatives may include, but are not limited to, letter of advisement, notice of violation, stop sale, use or removal order, and license/registration revocation, suspension or denial. Commission of each prohibited act is a violation of ORS Chapter 633 and subject to a civil penalty. Prohibited acts are categorized as to the magnitude of violation as follows:

(a) Category I (Major): The Department will issue a civil penalty for initial Category I violations in addition to any alternative enforcement action deemed necessary to protect the public interests. Category I violations include:

(A) ORS 633.366(1)(b) Register or attempt to register any product using fraudulent or deceptive practices to evade or attempt to evade the requirements of ORS 633.311 to 633.479 and 633.994 or rules adopted thereunder;

(B) ORS 633.366(1)(g) Make false or fraudulent applications, records, invoices or reports;

(C) ORS 633.366(1)(j) Sell, use or remove any product subjected to a stop sale, use or removal order until the product has been released in accordance with ORS 633.445;

(D) ORS 633.366(1)(k) Impede, obstruct, hinder or otherwise prevent or attempt to prevent the department from the performance of department duties under ORS 633.311 to 633.479 and 633.994.;

(b) Category II (Moderate): The Department may take initial alternative enforcement action and may allow a specified amount of time to take corrective action prior to issuance of a civil penalty for a Category II violation. Failure to complete the required corrective action within the specified time period, or repeat violations, will result in the immediate issuance of a civil penalty. Category II violations include:

(A) Sell, offer for sale, or distribute adulterated products (ORS 633.366(1)(c));

(B) Fail, refuse, or neglect to keep or maintain records as required under ORS 633.476, Chapter 514, Oregon Laws 2015, section 2 and section 3 or refuse to make available such records pursuant to ORS 633.385 upon request by the department (ORS 633.366(1)(f));

(C) Knowingly or intentionally make any false or misleading representations in connection with the sale, offer for sale, or distribution of fertilizer, agricultural amendment, agricultural mineral, or lime products (ORS 633.366(1)(L)).

(c) Category III (Minor): The Department will take initial alternative enforcement action in writing and will allow a specified amount of time to take corrective action prior to the issuance of a civil penalty for a Category III violation. Failure to complete the corrective action within the specified time period, or repeat violations, may result in the immediate issuance of a civil penalty. Category III violations include:

(A) Sell, offer for sale, or distribute mislabeled products (ORS 633.366(1)(a)), including, but not limited to, when the product is:

(i) Deemed deficient as defined in 603-059-0070(1)(a)-(d);

(ii) Not labeled pursuant to 603-059-0055(1) or 603-059-0055(5)

(B) Fail, refuse, or neglect to deliver to a purchaser of a bulk fertilizer, agricultural amendment, agricultural mineral or lime product a printed label that complies with ORS 633.321 to 633.341 (633.366(1)(d));

(C) Sell, offer for sale, or distribute a fertilizer, agricultural amendment, agricultural mineral or lime product that is not registered with the State Department of Agriculture under ORS 633.362(633.366(1)(e));

(D) Fail, refuse, or neglect to provide notification to the department as required by ORS 633.318(5) or 633.362(8) (633.366(1)(h));

(E) Fail, refuse, or neglect to obtain a manufacturer-bulk distributor license required under ORS 633.318(633.366(1)(i));

(F) Fail, refuse, or neglect to file a semiannual statement with the department as required under Chapter 514, Oregon Laws 2015, section 2 and section 3 (ORS 633.366(1)(m));

(G) Fail, refuse, or neglect to pay inspection fees required under Chapter 514, Oregon Laws 2015, section 3 (ORS 633.366(1)(n)).

(d) To "refuse", in the context of these prohibited acts, constitutes a willful misconduct violation and is subject to a civil penalty of not more than $10,000 for the initial violation or any subsequent violation.

(2) Maximum civil penalties are not to exceed the following:

Category - 1st Violation - 2nd Violation - 3rd+ Violation;

Category I (Major) - $500 - $1500 - $10,000;

Category II (Moderate) - $250 - $750 - $5000;

Category III (Minor) - $125 - $375 - $2500.

(3) As authorized by ORS 633.994(5) A civil penalty imposed under 633.311 to 633.479 and 633.994 may be remitted or reduced upon such terms and conditions as the Director of Agriculture considers proper and consistent with the public health and safety.

(4) As authorized by ORS 633.994(3), any violation that arises from gross negligence or willful misconduct and results in substantial harm to human health or the environment may be subject to a civil penalty of not more than $10,000 for the initial violation or any subsequent violation.

Or. Admin. Code § 603-059-0080

DOA 24-2002, f. 12-2-02, cert. ef. 1-1-03; DOA 15-2016, f. 6-30-16, cert. ef. 7/1/2016

Stat. Auth: ORS 561.190 & 633 as amended by Ch. 514 OL 2015

Stats. Implemented: ORS 633 as amended by Ch. 514 OL 2015