Or. Rev. Stat. § 632.940

Inspection and classification of horticultural and agricultural products by department; fees and charges

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632.940 Inspection and classification of horticultural and agricultural products by department; fees and charges. (1) Except as provided in ORS 632.945, the State Department of Agriculture may designate an employee or agent of the department to inspect or classify horticultural and agricultural products, or the processes used in connection with those products, when those services are requested by persons having an interest in the products or processes.

(2) The department may ascertain and certify to the interested persons the grade, classification, quality, condition or amount of the products, the processes used in connection with the products or other pertinent facts relating to the products or processes that the persons may request.

(3) The department may fix, assess and collect, or cause to be collected, fees for the services performed by employees or agents of the department under this section. The fees must have a uniform basis and be in an amount reasonably necessary to cover the cost of the inspection and administration of this section. The department shall adjust the fees to be collected under this section to meet the expenses necessary to carry out the provisions of this section, and may prescribe a different scale of fees for different localities.

(4) The department may prescribe a reasonable charge for traveling expenses and services if performing the services described in this section involves unusual cost to the department.

(5) All fees and charges received by the department under this section and ORS 632.211, 632.600 and 632.945 must be deposited in the Department of Agriculture Service Fund, and are continuously appropriated to the department for the enforcement of this section and ORS 632.211, 632.600 and 632.945. [Formerly 616.445; 1979 c.499 §29; 1997 c.410 §3; 2003 c.602 §5; 2013 c.120 §4]

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 2004–2022 · leading case: J. R. Simplot Co. v. Department of Agriculture

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J. R. Simplot Co. v. Department of Agriculture (2006) or · cites it 19× “ORS 632.940 1 authorizes the department to conduct inspections of agricultural products to determine their quality and characteristics.”

Saif Corp. v. Siegrist (In re Comp. of Siegrist) (2019) orctapp “3d 162 (2006) (the phrase "reasonably necessary to cover the cost of inspection and administration" in ORS 632.940 is an inexact term that expresses a complete legislative policy, specifically the funding of an inspection program by setting fees that bear a defined relationship…”

Terway v. Real Estate Agency (2008) orctapp “Dept, of Agriculture, 340 Or 188, 197-98 , 131 P3d 162 (2006) (holding that the words in ORS 632.940 that the department may collect fees “reasonably necessary to cover the cost of inspection and administration” are inexact terms because they restrict the authority of the agency…”

J. R. Simplot Co. v. Department of Agriculture (2004) orctapp · cites it 2× “See ORS 632.940; ORS 632.945. For many years, the department has set the fees at an amount designed to create a reserve fund for contingencies.”

Multnomah Cty. v. Mult. Cty. Corrections Deputy Assn. (2022) orctapp “For those reasons, we conclude that the board’s interpretation of the larger phrase at issue in ORS 243.”

— Or. Rev. Stat. § 632.940(3) — 1 case

J. R. Simplot Co. v. Department of Agriculture (2004) orctapp “See ORS 632.940; ORS 632.945. For many years, the department has set the fees at an amount designed to create a reserve fund for contingencies.”

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