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Oregon Revised Statutes

Or. Rev. Stat. § 571.005 (2026)

Definitions for ORS 571.005 to 571.230

✓ current as of May 2026
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      571.005 Definitions for ORS 571.005 to 571.230. Unless the context requires otherwise, as used in ORS 571.005 to 571.230:

      (1) “Agent” means any person only soliciting orders in this state for the purchase or sale of nursery stock for any principal who is not licensed under ORS 571.005 to 571.230 and 571.991.

      (2) “Dealer”:

      (a) Means any person who deals in, sells, handles, consigns or accepts on consignment, imports, stores, displays or advertises nursery stock which the person has not grown.

      (b) Does not mean a person whose business is located out of state and who imports and sells such nursery stock not grown in Oregon into this state and who only solicits such nursery stock sales through salesmen or representatives or by mail or advertisement. Such person to be exempt as a dealer must not own, lease, control or maintain buildings, warehouses or any location or place in Oregon in which or through which such nursery stock is stored, sold, offered for sale or held for sale or delivered therefrom. The nursery stock must be shipped direct from the out-of-state location or place of business to the grower, wholesaler, retailer or ultimate consumer or user in Oregon.

      (3) “Department” means the State Department of Agriculture.

      (4) “Grower” means any person who grows nursery stock.

      (5) “Nursery stock” includes all botanically classified plants or any part thereof, such as floral stock, herbaceous plants, bulbs, buds, corms, culms, roots, scions, grafts, cuttings, fruit pits, seeds of fruits, forest and ornamental trees and shrubs, berry plants, and all trees, shrubs and vines and plants collected in the wild that are grown or kept for propagation or sale. “Nursery stock” does not include:

      (a) Field and forage crops.

      (b) The seeds of grasses, cereal grains, vegetable crops and flowers.

      (c) The bulbs and tubers of vegetable crops.

      (d) Any vegetable or fruit used for food or feed.

      (e) Cut flowers, unless stems or other portions thereof are intended for propagation.

      (6) “Person” includes but is not limited to each branch store or place of business in which or at which the business of the dealer or grower is conducted and each member of a cooperative association.

      (7) “Sell” or “sale” means to offer, expose or hold for sale, have for the purpose of sale, or to solicit orders for sale, or to deliver, distribute, exchange, furnish or supply. [1963 c.461 §1; 1977 c.638 §1]

 

      571.010 [Repealed by 1963 c.461 §34]

Notes of Decisions
Cited in 3 cases, 1971–2018 · leading case: Brown v. City of Grants Pass, 414 P.3d 898 (Or. Ct. App. 2018).
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Brown v. City of Grants Pass, 414 P.3d 898 (Or. Ct. App. 2018). · cites it 10× “738, which provides, as relevant: "(1) As used in this section: "* * * * * "(b) 'Nursery seed' means any propagant of nursery stock as defined in ORS 571.005. "(2) *** [A] local government may not enact or enforce a local law or measure, including but not limited to an…”
Salem Nursery, Inc. v. Dep't of Revenue, 4 Or. Tax 482 (Or. T.C. 1971). · cites it 2× “The value of any deciduous trees, shrubs, plants or crops, whether annual or perennial, growing upon agricultural land devoted to agricultural purposes, including but not limited to nursery stock as defined by subsection (5) of ORS 571.005, whether growing in containers or not,…”
Salem Nursery, Inc. v. Dep't of Revenue, 497 P.2d 371 (Or. 1972). “315 which states: “Nursery stock, as defined in subsection (5) of ORS 571.005, whether bare root, or whether balled or heeled or growing in containers in or upon the ground, is exempt from ad valorem taxation in the hands of the grower or wholesalers, but not where held for sale…”
— Or. Rev. Stat. § 571.005(5) — 1 case
Brown v. City of Grants Pass, 414 P.3d 898 (Or. Ct. App. 2018). “738, which provides, as relevant: "(1) As used in this section: "* * * * * "(b) 'Nursery seed' means any propagant of nursery stock as defined in ORS 571.005. "(2) *** [A] local government may not enact or enforce a local law or measure, including but not limited to an…”
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