Or. Admin. Code § 603-056-0050

Current through Register Vol. 63, No. 11, November 1, 2024

Section 603-056-0050 - Seed Dealer License

(1) Both 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.

(2) 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 if available;

(e) Ownership 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.

(5)

(a) The 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person's license has been suspended and the person is not yet eligible for reissuance, when the person's license has been revoked, or when that person was an officer of another entity at the time when that entity committed action that resulted in its seed dealer license being suspended or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 ORS 183.415 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.

Or. Admin. Code § 603-056-0050

AD 5-1996, f. & cert. ef. 6-7-96; DOA 9-2020, amend filed 07/14/2020, effective 7/14/2020

Statutory/Other Authority: ORS 561 & 633

Statutes/Other Implemented: ORS 633.711