74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 422
House Bill 2289
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for State Department of Agriculture)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Allows State Department of Agriculture to adopt rules
establishing maximum permissible amounts of viable noxious weed
seeds in wild bird feed.
A BILL FOR AN ACT
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 Oregon:
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 United States and other states.
(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. + }
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