ORS 561.605: Detention, seizure or embargo of agricultural products; labeling; notification.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) In order that the rights of consumers, property owners or other affected persons may be protected and procedures made uniform the State Department of Agriculture, its agents, employees or officials, shall observe the procedure prescribed by ORS 561.605 to 561.620 whenever it becomes necessary for the department to detain, seize or embargo any food, article or product under any law the administration of which is vested in the department. (2) The department shall cause to be affixed to the products being detained, seized or embargoed, a notice that the products are being detained, seized or embargoed by the department and warning all persons that they may not be removed from the place at which they are being held without written permission from the department. (3) The department shall notify in writing the owner or person in possession of the products that the products are being detained, seized or embargoed by the department. If the person in possession of the products is not the owner, the department shall make a reasonable effort to notify the owner. Such notice shall state the reason for the department’s action, and shall notify the owner or person in possession of the right to be heard before the department in opposition to the action. [Formerly part of 616.095]
Administrative rules citing this section
- OAR 603-024-0585: Suspension Order — implements
- OAR 603-048-0630: Failed Pre-Harvest Testing; Retesting — authority
- OAR 603-048-1600: Prohibitions on Adulteration — implements
This rule cites
- ORS 561.605 — resolved
- 561.620 — resolved
Cited by
- ORS 561.620: Procedure when products disposed of; salvage.
- ORS 561.625: When hearing not required.
- ORS 561.993: Other penalties.
- ORS 571.200: Knowingly offering to sell, moving or storing infected or infested nursery stock prohibited.
- ORS 571.281: Grower and handler license; records; inspection; nonconforming crop; fees; rules.
- ORS 571.575: Knowingly offering to sell infected or infested Christmas tree stock.
- ORS 604.056: Seizure of hides or livestock; procedure; investigation; disposition; impoundment of sales proceeds.
- ORS 616.225: Disposal of adulterated, misbranded, unsound or unsafe food or consumer commodity.
- ORS 616.355: Enforcement procedure for violation of ORS 616.341, 616.345 or 616.350.
- ORS 618.076: Approving use of weights and measures; use of certain terms describing condition of equipment; seizure and destruction of nonconforming equipment.
- ORS 632.761: Authority of department.
- ORS 633.088: Withdrawal from distribution of feeds sold or distributed in violation of law; seizure of noncomplying feeds.
- ORS 633.445: Orders preventing sale or other disposition of product; seizure.
- ORS 634.322: Enforcement powers of department.
- OAR 603-022-0920: Schedule of Civil Penalties
- OAR 603-024-0585: Suspension Order
- OAR 603-025-0410: Requirements for Dungeness Crab
- OAR 603-025-0426: Crab Harvested Outside Oregon in an Area that Would Be a Biotoxin Management Zone, if in Oregon
- OAR 603-029-1505: Seizure, Embargo, and Detainment
- OAR 603-029-1525: Action by Department When Hearing Regarding Seizure, Embargo, or Detainment Not Timely Requested, or When Person in Possession Does Not Timely Comply with Department’s Order or Perfect an Appeal
- OAR 603-029-1530: Resolution of Seizure, Embargo, or Detainment by Agreement
- OAR 603-048-0630: Failed Pre-Harvest Testing; Retesting
- OAR 603-048-0900: Detainment, Seizure, Embargo, and Disposal
- OAR 603-048-8021: Notice of Detainment for Presumptive Marijuana
- OAR 603-052-0051: Quarantine: Grape Pests and Diseases
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors561.html