Chapter 602 Oregon Laws 2003

AN ACT

SB 242

Relating to State Department of Agriculture inspection programs; creating new provisions; amending ORS 632.900, 632.915 and 632.940; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Section 2 of this 2003 Act is added to and made a part of ORS 632.900 to 632.935.

SECTION 2. The State Department of Agriculture may adopt by rule classifications and standards for horticultural and agricultural processes certified under ORS 632.940. Classifications and standards for horticultural and agricultural processes adopted under this section are in addition to the grades, standards or classifications for horticultural or agricultural products or containers adopted under ORS 632.905 and 632.910.

SECTION 3. ORS 632.900 is amended to read:

632.900. As used in ORS 632.900 to 632.940 and 632.955 to 632.980, “horticultural and agricultural products” includes articles of food, drinks, dairy products, forage products, livestock products, poultry products, apiary products, [and] nursery stock as defined in ORS 571.005 and seeds, bulbs and tubers that are not nursery stock, grown or produced in this state.[, exclusive of] “Horticultural and agricultural products” does not include bakery products and alcoholic liquors.

SECTION 4. ORS 632.915 is amended to read:

632.915. The factors [required to be considered by] that the State Department of Agriculture must consider in establishing [any] grades, standards or classifications for [any agricultural or] a horticultural or agricultural product [shall be applied in accordance with], or processes used in connection with a horticultural or agricultural product, apply to the extent [to which] and in the manner [in which the same] that those factors relate to the quality, quantity and condition of that product and the value and suitability [thereof] of the product for the commercial or other use to which [it] the product normally is put. [Any such] The department may change the grades, standards or classifications established [pursuant to law] by the department [may, from time to time, be changed thereby in order] to:

(1) Conform [the same] more nearly to commercial or trade requirements, practices or methods [or to];

(2) Meet changed conditions [or to];

(3) Comply with new and improved methods of handling, processing, packing, transporting, marketing or using the product involved[, or in order to];

(4) Apply or make effective any new and improved method of test, analysis or examination of the quality or condition of that product or the value or suitability [thereof] of the product for its normal use[, and to]; and

(5) Comply with new methods of controlling insect pests and diseases.

SECTION 5. ORS 632.940 is amended to read:

632.940. (1) Except as provided in ORS 632.945, the State Department of Agriculture may designate [any competent] 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 [such] those services are requested by persons having an interest in [such] the products[, and] or processes.

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

(3) The department may fix, assess and collect, or cause to be collected, fees for [such] the services [when they are] performed by employees or agents of the department under this section. [Such] The fees [shall be on] must have a uniform basis and be in an amount reasonably necessary to cover the cost of [such] the inspection and administration of this section. The department shall [so] adjust the fees to be collected under this section [as] 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 [also] may prescribe a reasonable charge for traveling expenses and services [when such] if performing the services [involve] described in this section involves unusual cost to the department [in their performance].

(5) All fees and charges received by the department under this section[,] and ORS 632.211, 632.425, 632.600 and 632.945 [shall] must be deposited in the Department of Agriculture Service Fund, and are continuously appropriated to the department for the enforcement of [such sections] this section and ORS 632.211, 632.425, 632.600 and 632.945.

SECTION 6. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect on its passage.

Approved by the Governor July 22, 2003

Filed in the office of Secretary of State July 22, 2003

Effective date July 22, 2003

__________