ORS 561.620: Procedure when products disposed of; salvage.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) In the event that the owner or person in possession does not request a hearing on the propriety of the seizure, detention or embargo within the time limited for making such request, the State Department of Agriculture may summarily destroy or otherwise dispose of the subject matter of the action, or, if the owner or person in possession of such products does not within 30 days after the hearing either comply with the orders of the department as to reconditioning, relabeling or segregating or perfect an appeal to the circuit court, the department may summarily destroy or otherwise dispose of the subject matter of the action. (2) If it appears to the department that there is a reasonable possibility that a product is capable of salvage and the owner or person in possession does not seek to regain custody within the time and in the manner provided in ORS 561.605 to 561.620, the department may dispose of the product so as to obtain such salvage. Any salvage so recovered shall, after paying the costs of sale or disposition and including storage, if any, be remitted to the true owner, if known, or if not known, then to the person in possession. A sale or disposition for salvage shall be upon such conditions as to labeling, reconditioning or segregation as the department deems necessary to comply with the law relating to such product. [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 561.605: Detention, seizure or embargo of agricultural products; labeling; notification.
- ORS 571.281: Grower and handler license; records; inspection; nonconforming crop; fees; rules.
- ORS 604.056: Seizure of hides or livestock; procedure; investigation; disposition; impoundment of sales proceeds.
- 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.
- OAR 603-024-0585: Suspension Order
- 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 603-048-0630: Failed Pre-Harvest Testing; Retesting
- OAR 603-048-0900: Detainment, Seizure, Embargo, and Disposal
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors561.html