Chapter 282
AN ACT
HB 2289
Relating to animal feeds; amending ORS 633.006, 633.015, 633.026 and
633.045.
Be It Enacted by the People of
the State of
SECTION 1. 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 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 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 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, that are made directly from the
entire seed and are not used to manufacture wild bird feed.
(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 water.
(e) Individual chemical
compounds not mixed with other materials. This exemption, however, does not
cover or extend to phosphate, urea or ammonium compounds that are recommended
for animal feeding purposes.
(5) “Contract feeder”
means an independent contractor or other person who feeds commercial feed to
another person’s animals pursuant to an oral or written agreement whereby the
commercial feed is distributed to the contractor or other person by any
distributor and whereby the contractor or other person’s remuneration is
determined all or in part by feed consumption, mortality, profits or amount or
quality of animals produced. “Contract feeder” does not include a bona fide
employee of a manufacturer or distributor of commercial feed.
(6) “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.
(7) “Department” means
the State Department of Agriculture.
(8) “Distribute” means
to offer for sale, sell or barter commercial feed or to supply, furnish or
otherwise provide commercial feed to a contract feeder.
(9) “Distributor” means
a person who distributes commercial feed.
(10) “Drug” means any
substance:
(a) Intended or
represented for the cure, mitigation, treatment or prevention of disease of
animals;
(b) Intended to affect
the structure of any function of the body of an animal; or
(c) So defined 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.
(13) “Ground” means a
condition resulting from crushing, rolling, chopping or grinding.
(14) “Label” means a
display of written, printed or graphic matter placed on or affixed to the
container in which a commercial feed is distributed, or on the invoice or
delivery slip with which a commercial feed is distributed.
(15) “Manufacture” means
to grind, chop, crush, roll, cube, flake, extrude, cook, pelletize, mix or
otherwise process feed ingredients.
(16) “Mineral feed”
means a substance or mixture of substances designed or intended to supply
primarily mineral elements or inorganic nutrients.
(17) “Official sample”
means any sample of feed taken by the department and designated as “official”
by the department.
(18) “Percent” or “percentage”
means percentage by weight.
(19) “Sell” or “sale”
includes exchange.
(20) “Wild bird feed”
means a commercial feed marketed for noncaptive undomesticated avians.
SECTION 2. ORS 633.015 is amended to read:
633.015. (1) A person
may not distribute a nonregistered commercial feed. Except as provided in
subsections (2), (5) and (6) of this section, every brand, and each formula
or formulation thereof, of commercial feeds manufactured, compounded, delivered
or distributed in this state must be registered with the State Department of
Agriculture. The distributor must submit an application for registration on
forms furnished by the department. If the department so requests, 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 distributor. All registrations expire
on December 31 of each year. The application must include the information
required by ORS 633.026 (1)(a) to (f) and such other information
as the department may require.
(2) A distributor is not
required to register any brand of commercial feed 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 if the application is not in
compliance with the provisions of ORS 633.006 to 633.089 and 633.992. 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. The
department shall give the registrant 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) Custom mixed feeds
are exempt from registration.
(6) Wild bird feed
consisting of unmixed seeds is exempt from registration.
[(6)] (7) Each application for
registration 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 3. ORS 633.026 is amended to read:
633.026. (1) Except
as provided in subsection (3) of this section, 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 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]
(3) Subsections (1)
and (2) of this section do not apply to:
(a) Custom mixed feed.
(b) Wild bird feed
consisting of unmixed seeds.
(c) A commercial feed
that 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 4. ORS 633.045 is amended to read:
633.045. [No person shall] A person may not
distribute an adulterated commercial feed. A commercial feed [shall be deemed to be] is
adulterated:
(1) If any poisonous,
deleterious or nonnutritive ingredient is [therein]
present in the feed in sufficient amount to render [it] the feed injurious to health when fed in accordance with
directions for use shown on the label.
(2) If any valuable
constituent has been in whole or in part omitted or abstracted [therefrom] from the feed or any
less valuable substance substituted [therefor]
for a valuable constituent.
(3) If [its] the composition or quality of
the feed falls below or differs from [that
which by its labeling it is purported or represented to possess] the
composition or quality purported or represented on the feed labeling.
(4) If [it] the feed contains added
hulls, screenings, refuse screenings, straw, cobs or other high fiber material,
unless the name of each material is stated on the label.
(5) If [it] the feed contains pesticide
residues or other chemicals in excess of amounts [which, by regulation] that, by rule, the State Department of
Agriculture declares safe for feeding purposes. In adopting [such regulations] rules under this
subsection the department may take into consideration the commonly
permitted amounts of chemicals authorized by:
(a) The
(b) Other recognized
agencies or organizations experienced in the chemical field.
(6) If [it] the feed contains a drug
other than those permitted by [regulations
promulgated] rules adopted by the department. In [promulgating such regulations]
adopting rules under this subsection, the department shall consider the
current good manufacturing practice regulations for medicated feed premixes and
for medicated feeds established under authority of the Federal Food, Drug and
Cosmetic Act.
(7) If the feed is
wild bird feed and contains viable noxious weed seeds in excess of amounts
established by the department by rule.
Approved by the Governor June 1, 2007
Filed in the office of Secretary of State June 1, 2007
Effective date January 1, 2008
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