71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
Senate Bill 310
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor John A. Kitzhaber,
M.D., for State Department of Agriculture)
CHAPTER ................
AN ACT
Relating to animal feeds; creating new provisions; amending ORS
633.006, 633.015, 633.029, 633.055 and 633.065; and repealing
ORS 633.025 and 633.027.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 and 3 of this 2001 Act are added to
and made a part of ORS 633.006 to 633.089. + }
SECTION 2. { + (1) Commercial feed, other than custom mixed
feed, must have a label bearing the following information:
(a) The product name and the brand name, if any, under which
the feed is distributed.
(b) The guaranteed analysis stated in such terms as the State
Department of Agriculture, by rule, determines are required to
advise the user of the composition of the feed or to support
claims made in the labeling. The substances or elements of the
feed must be determinable by laboratory methods approved by
department rule. In approving laboratory methods, the department
may consider methods listed in publications of AOAC
International, formerly the Association of Official Analytical
Chemists.
(c) The common or usual name of each ingredient used in the
manufacture of the feed. The department, by rule, may permit the
use of a collective term for a group of ingredients that perform
a similar function. The department, by rule, may exempt a
commercial feed or any group of feeds from the ingredient
statement requirement if the department determines that a
statement is not required to protect the interests of consumers.
(d) Adequate directions for use if the feed contains drugs or
if the department, by rule, determines that directions are
necessary for safe and effective use.
(e) Precautionary statements that the department, by rule,
determines to be necessary for safe and effective use of the
feed.
(f) The name and principal mailing address of the manufacturer
or the distributor.
(g) A quantity statement.
(2) A person that distributes commercial feed in bags or other
containers shall ensure that the label required by this section
is placed on or affixed to the container. If the feed is
Enrolled Senate Bill 310 (SB 310-INTRO) Page 1
distributed in bulk, the distributor shall ensure that the label
accompanies the delivery and is furnished to the purchaser upon
delivery. A commercial feed is exempt from the labeling
requirement of this section if the feed does not contain a drug
and is distributed by filling, in the presence of the purchaser,
from retail bins or other retail bulk display containers that are
labeled as required under this section. + }
SECTION 3. { + (1) A custom mixed feed delivered to a final
consumer must be accompanied by at least one label, invoice,
delivery slip or other shipping document that bears all of the
following information:
(a) The name and principal mailing address of the manufacturer.
(b) The name and address of the final consumer.
(c) The date of delivery.
(d) The quantity delivered.
(e) Adequate directions for use if the custom mixed feed
contains drugs or if the State Department of Agriculture, by
rule, determines that directions are necessary for safe and
effective use of the feed.
(2) If the custom mixed feed contains drugs, the label,
invoice, delivery slip or other shipping document referred to in
subsection (1) of this section must bear the following
information in addition to the information required under
subsection (1) of this section:
(a) A statement of the claimed purpose of the drugs;
(b) The established name of each active drug ingredient; and
(c) The level of each drug used in the final mixture.
(3) If a custom mixed feed is delivered to a final consumer in
bags or other containers, each container must be labeled with the
name of the final consumer or with the order number. If a custom
mixed feed is delivered in bulk, the name of the final consumer
or the order number must be printed on each delivery ticket or on
a label attached to each delivery ticket.
(4) A person that distributes a custom mixed feed to a final
consumer shall ensure that all labels, invoices, delivery tickets
or other shipping documents required by this section accompany
the custom mixed feed.
(5) Upon request, a distributor shall provide a final consumer
with the information required by this section, including but not
limited to the name and number of pounds of each ingredient or
commercial feed used in the custom mixed feed. A seller shall
maintain records adequate to derive the information required by
this subsection for two years from the date of sale. The
department may inspect records required under this subsection and
any unsold quantities of custom mixed feed during the seller's
regular business hours. + }
SECTION 4. ORS 633.006 is amended to read:
633.006. As used in ORS 633.006 to 633.089, unless the context
requires otherwise:
(1) 'Animal feed manufacturing plant' means:
(a) Any business, establishment, building, plant or place where
commercial feed for animals is manufactured, mixed, processed or
packed.
(b) Vehicles used in transporting commercial feed or components
or ingredients thereof, machinery, equipment, utensils,
implements, or other items, articles or materials used in the
business or operation.
(c) The ground upon which the operation or business is carried
out and other ground not adjacent thereto { - which - }
Enrolled Senate Bill 310 (SB 310-INTRO) Page 2
{ + that + } is a part of the business or operation under the
same entity or ownership.
(2) 'Brand' means any word, name, symbol or device or any
combination thereof { - adopted or used by a person to identify
commercial feeds manufactured, compounded, delivered,
distributed, sold, offered for or exposed for sale in this state
and to distinguish them from commercial feeds manufactured,
distributed, offered for sale or sold by others - } { +
identifying and distinguishing the commercial feed of a
distributor from the feed of other distributors + }.
(3) 'Bulk' is the sale, offering or exposing for sale or
delivery of commercial feeds, in:
(a) Open containers, closed or open tote boxes, closed or open
tanks, closed or open trailers, all of which may be further
described or defined by the State Department of Agriculture; or
(b) Other types of containers, vehicles or conveyances defined
or recognized by the department.
(4) 'Commercial feed' means any material { - which - } { +
that + } is distributed for use as feed, or as a feed ingredient
for mixing in feed for animals, or any feed additive concentrate,
feed additive supplement, feed additive premix, or premix,
except:
(a) Unmixed seeds, whole or processed, made directly from the
entire seed.
(b) Hay, straw, stover, cobs, husks, screenings and hulls, when
unground or unmixed with other materials.
(c) Feed for dogs, cats, birds or fish maintained as household
pets.
(d) Silage, or materials containing at least 60 percent
{ - of - } water.
(e) Individual chemical compounds { - when - } { + + }not
mixed with other materials. This exemption, however, does not
cover or extend to phosphate, urea or ammonium compounds
{ - which - } { + that + } are recommended for animal feeding
purposes.
(5) 'Contract feeder' means an independent contractor
{ - , - } or
{ - any - } other person who feeds commercial feed to
{ + another person's + } animals pursuant to an oral or written
agreement whereby { - such - } { + the + } commercial feed is
{ - supplied, furnished or otherwise provided to such - }
{ + distributed to the contractor or other + }person by any
distributor and whereby { - such - } { + the contractor or
other + } person's remuneration is determined all or in part by
feed consumption, mortality, profits { - , - } or amount or
quality of { - product - } { + animals produced + }.
{ - It - } { + ' Contract feeder' + } does not include a bona
fide employee of a manufacturer or distributor of commercial
feed.
(6) { - ' Customer-formula feed,' 'custom mix' or - }
'Custom mixed feed' means any mixture of materials, substances or
ingredients described or set forth under the definition of
commercial feed, each lot of which is mixed according to the
specific instructions of, or prescribed for the specific use of,
the final consumer { + . + } { - or feeder. For the purpose of
this subsection ' final consumer' means a person who owns or who
contracts for the feeding of animals under the control or
ownership of that person. - }
(7) 'Department' means the State Department of Agriculture.
Enrolled Senate Bill 310 (SB 310-INTRO) Page 3
(8) 'Distribute' means to offer for sale, sell or barter
{ - , - } commercial feed { - or customer-formula feed; - }
or to supply, furnish or otherwise provide commercial { - or
customer-formula - } feed { - as - } { + to + } a contract
feeder.
(9) 'Distributor' means { - any - } { + a + } person who
distributes { + commercial feed + }.
(10) 'Drug' { - or 'drugs' - } means any substance { + :
(a) + } Intended or represented for the cure, mitigation,
treatment or prevention of disease of animals { + ; + } { - ,
or - }
{ + (b) + } Intended to affect the structure of any function
of the body of an animal { + ; + } or
{ + (c) So defined + } { - as prescribed - } by { + rule
of + } the department.
(11) 'Feed ingredient' means each of the constituent materials
making up a commercial feed.
{ + (12) 'Final consumer' means a person that feeds animals
that are under the control or ownership of that person. + }
{ - (12) - } { + (13) + } 'Ground' means a condition
resulting from crushing, rolling, chopping or grinding.
{ - (13) - } { + (14) + } 'Label' means a display of
written, printed { - , - } or graphic matter { + placed + }
{ - upon - } { + on + } or affixed to the container { - , or
immediate container, - } in which a commercial feed is
distributed, or on the invoice or delivery slip with which a
commercial feed { - or customer-formula feed - } is
distributed.
{ - (14) - } { + (15) + } 'Manufacture' means to grind,
chop, crush, roll, cube, flake, extrude, cook, pelletize, mix or
otherwise process feed ingredients.
{ - (15) - } { + (16) + } 'Mineral feed' means a substance
or mixture of substances designed or intended to supply primarily
mineral elements or inorganic nutrients.
{ - (16) - } { + (17) + } 'Official sample' means any
sample of feed taken by the department and designated as
'official' by { - it - } { + the department + }.
{ - (17) - } { + (18) + } 'Percent' or 'percentage' means
percentage by weight.
{ - (18) - } { + (19) + } 'Sell' or 'sale' includes
exchange.
SECTION 5. ORS 633.015 is amended to read:
633.015. (1) { - No - } { + A + } person { - shall - }
{ + may not + } distribute a nonregistered commercial feed.
Every brand, and each formula or formulation thereof, of
commercial feeds manufactured, compounded, delivered { - , - }
{ + or + } distributed { - , sold, offered or exposed for
sale - } in this state { - shall - } { + must + } be
registered with the State Department of Agriculture. { + The
distributor must submit an + } application for registration
{ - shall be submitted - } on forms furnished by the
department { + . + } { - , and, - } If the department so
requests, { - shall be accompanied by - } { + the distributor
must submit + } the label or a facsimile of the label and other
printed matter describing the product. Upon approval by the
department, a certificate of registration shall be furnished to
the { - applicant - } { + distributor + }. All registrations
expire on December 31 of each year. The application
{ - shall - } { + must + } include the information required by
{ - ORS 633.025 (1)(b), (c), (d) and (e) - } { + section 2
Enrolled Senate Bill 310 (SB 310-INTRO) Page 4
(1)(a) to (f) of this 2001 Act + }and such other information as
the department may require.
(2) A distributor { - shall not be - } { + is not + }
required to register any brand of commercial feed { - which - }
{ + that + } has been registered under ORS 633.006 to 633.089
and 633.992 by another person.
(3) Changes in the guarantee of either chemical or ingredient
composition of a registered commercial feed may be permitted, if
there is satisfactory evidence that such changes would not result
in a lowering of the feeding value of the product for the purpose
for which designed.
(4) The department may refuse registration of any commercial
feed { - when - } { + if + } the application is not in
compliance with the provisions of ORS 633.006 to 633.089 and
633.992 { - and - } { + . The department + } may cancel any
registration subsequently found not to be in compliance with any
provision of ORS 633.006 to 633.089 and 633.992 { - , after - }
{ + . The department shall give + } the registrant { - has
been given - } reasonable opportunity to be heard before the
department and to amend the application in order to comply with
the requirements of ORS 633.006 to 633.089 and 633.992.
(5) { - Customer-formula - } { + Custom mixed + } feeds are
exempt from registration.
(6) Each application for registration { - shall - } { +
must + } be accompanied by a fee to be established by the
department not to exceed $20 for each formula or formulation of
commercial feed under each brand.
SECTION 6. ORS 633.029 is amended to read:
633.029. (1)(a) { - No - } { + A + } person { - shall - }
{ + may not + } operate an animal feed manufacturing plant,
distribute commercial feeds other than at retail, be furnished a
certificate of registration of a brand in this state, distribute
a { - custom-formula - } { + custom mixed + } feed
manufactured for that person, or repackage or relabel a
commercial feed manufactured by another person without having
first obtained a license from the State Department of
Agriculture. Application for license { - shall - } { +
must + } be on forms prescribed by the department and
{ - shall - } { + must + } be accompanied by a license fee
{ - to be - } established by the department { + , + } not to
exceed $500. All licenses shall expire December 31 of each year.
(b) In accordance with the provisions of ORS 183.310 to
183.550, the department may promulgate rules designating
different license fees for various categories of persons
described in paragraph (a) of this subsection, so as to recognize
differences in types of activities or volumes of business.
(2)(a) A { - person who is a - } contract feeder is not
subject to the provisions of subsection (1) of this section,
provided no drugs in any form are utilized in the manufacturing,
mixing or processing of { - such - } { + the + } feed. In the
event drugs are so utilized, the contract feeder or
{ + other + } person { - using - } { + utilizing + } the
{ - same shall be - } { + drugs is + } subject to the
provisions of subsection (1) of this section.
(b) In accordance with the applicable provisions of ORS 183.310
to 183.550, the department shall promulgate rules designating the
types or categories of persons described in paragraph (a) of this
subsection to whom this section applies. In promulgating such
rules, the department shall consider:
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(A) The methods of manufacture, mixing or processing of feed
used;
(B) The quantities and kinds of drugs used; and
(C) The number, ages and kinds of animals to which
{ - such - } { + the + } feed is to be made available.
SECTION 7. ORS 633.055 is amended to read:
633.055. { - No - } { + A + } person { - shall - } { +
may not + } distribute misbranded commercial feed. A commercial
feed { - shall be deemed to be - } { + is + } misbranded:
(1) If its labeling is false or misleading in any particular.
(2) If it is distributed under the name of another feed.
(3) If it is not labeled as required by { - ORS 633.025 - }
{ + section 2 of this 2001 Act + } and by { - regulations - }
{ + rules + } adopted pursuant to ORS 633.006 to 633.089 and
633.992.
(4) If it purports to be or is represented as a feed ingredient
or as containing a feed ingredient, unless { - such - } { +
that + } feed ingredient conforms to the definition of identity,
if any, prescribed by { - regulation - } { + rule + } of the
State Department of Agriculture. In adopting { - such
regulations - } { + rules under this subsection, + } the
department may take into consideration the commonly accepted
definitions approved or authorized by:
(a) The United States and other states.
(b) Other recognized agencies or organizations experienced in
such matters, such as the Association of American Feed Control
Officials.
(5) If any word, statement { - , - } or other information
required by ORS 633.006 to 633.089 and 633.992 or by
{ - regulation - } { + rule + } of the department to appear on
the label is not prominently placed thereon with such
conspicuousness, as compared with other words, statements,
designs { - , - } or devices in the labeling, and in such terms
as to render it likely to be read and understood by the ordinary
individual under customary conditions of purchase and use.
SECTION 8. ORS 633.065 is amended to read:
633.065. (1) It shall be the duty of the State Department of
Agriculture to sample, inspect, make analyses of, and test
commercial feeds distributed within this state, at such times and
places and to such an extent as may be necessary to determine
whether or not such feeds are in compliance with the provisions
of ORS 633.006 to 633.089 and 633.992. The department is
authorized to enter upon any public or private premises,
including any vehicle of transport, during regular business
hours, in order to have access to commercial feeds and to records
relating to their distribution.
(2) The methods of sampling and analysis shall be those adopted
by the department. In adopting such methods, the department may
take into consideration:
(a) The methods scientifically developed and described in
recognized official publications such as the Journal of the
Association of Official Agricultural Chemists.
(b) The methods approved by the United States, other states and
other recognized agencies or organizations experienced in such
matters.
(3) In determining for administrative purposes whether or not a
commercial feed is deficient in any component, the department
shall be guided solely by the official sample as defined in ORS
633.006 { - (15) - } and obtained and analyzed as provided by
subsection (2) of this section.
Enrolled Senate Bill 310 (SB 310-INTRO) Page 6
(4) When inspection and analysis of an official sample indicate
that a commercial feed has been adulterated or misbranded, the
results of analysis shall be forwarded by the department to the
registrant. Upon request, within 30 days, the department shall
furnish to the registrant a portion of the sample analyzed.
(5) { + The department may take + } investigational samples
{ - which - } { + that + } may be examined otherwise than by
the official method required by this section { - may be taken
by the department - } . For administrative purposes, only samples
taken as directed by subsection (3) of this section may be used.
SECTION 9. { + ORS 633.025 and 633.027 are repealed. + }
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Passed by Senate March 26, 2001
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House April 23, 2001
...........................................................
Speaker of House
Enrolled Senate Bill 310 (SB 310-INTRO) Page 7
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled Senate Bill 310 (SB 310-INTRO) Page 8