Chapter 632 — Production,
Grading and Labeling Standards for Agricultural and Horticultural Products
ORS sections in this chapter were
amended or repealed by the Legislative Assembly during its 2012 regular
session. See the table of ORS sections amended or repealed during the 2012
regular session: 2012 A&R Tables
New sections of law were adopted by the
Legislative Assembly during its 2012 regular session and are likely to be
compiled in this ORS chapter. See
sections in the following 2012 Oregon Laws chapters: 2012
Session Laws 0064
2011 EDITION
AGRICULTURAL AND HORTICULTURAL PRODUCTS
FOOD AND OTHER COMMODITIES
ONIONS
632.206 Definitions
for ORS 632.211 to 632.260
632.211 Establishment
of grades and standards; grading and inspection fee
632.216 Certificate
of grade required before sale or transportation of onions; exceptions
632.221 Only
one inspection of each load or lot
632.226 Labeling
632.231 Sale
of unlabeled onions
632.236 Transportation
of unlabeled onions
632.241 Transportation
permits; fee
632.246 Seizure
of unlawful onions
632.251 Access
to premises or vehicle for inspection purposes
632.260 Defendant
in prosecution to plead any exemption
REGISTRATION AND USE OF TRADEMARK FOR
CONTAINERS, EQUIPMENT AND SUPPLIES
632.275 Filing
trademark for containers, equipment and supplies for fruit and vegetables
632.280 Unlawful
use of, or traffic in, name or mark as presumptive evidence
632.285 Security
for return not a sale
632.290 Acquiring
of marked containers, supplies and equipment
PRUNES
632.410 Establishing
official grades and standards
632.415 Application
of factors to be considered; change of grade
632.420 Sample
kept of purchases according to grade; determination of dispute as to grade
632.425 Fees
for inspecting and grading
632.430 Enforcement;
rules; inspection or grading certificate as evidence
632.440 Injunction
PACKING AND LABELING OF HORTICULTURAL
PRODUCTS
632.450 Definitions
for ORS 632.450 to 632.485
632.455 Labeling
container of horticultural products
632.460 Establishment
of grades, branding and packing requirements; rules
632.465 Used
packages or containers
632.470 False
representations as to raising, production or packing
632.475 Possession
of unlabeled, falsely labeled or deceptively packed products
632.480 Shipment
or sale of deceptive pack, load or display prohibited
632.485 Enforcement;
entry and inspection; seizure
632.490 Labeling
fruit or vegetables as Oregon grown or packed
WALNUTS AND FILBERTS
632.516 Establishment
of grades and standards; rules
632.521 Grades
and standards established by repealed statute; continued in effect until
superseded
632.585 Necessity
of conformity to standards
632.590 Labeling
632.595 Containers
632.600 Inspection
districts; inspection, reinspection and fees
632.610 Duty
to notify department of availability for inspection
632.615 Enforcement;
inspection certificate as evidence; rules
632.625 Violation
of walnut and filbert law prohibited
EGGS
(Processing and Sale)
632.705 Definitions
for ORS 632.705 to 632.815
632.715 Egg
handler’s license
632.720 Fee
632.730 Commercial
egg breaker’s permit; fee
632.741 Additional
fee; reports; records; exceptions
632.745 When
invoices required; exception; availability for inspection
632.756 Maintenance
of facilities and equipment; standards
632.761 Authority
of department
632.771 Information
on container label; sale from bulk display; advertising
632.786 Prohibited
acts
632.811 Rules;
considerations in promulgating rules
632.815 Disposition
of fees
(Laying Conditions)
632.835 Definitions
for ORS 632.835 to 632.850
632.840 Manner
of confining egg-laying hen; business plan for compliance; rules; penalty
632.845 Prohibition
against improper confinement of egg-laying hen
632.850 Prohibition
against selling products of improperly confined egg-laying hen
GRADES, STANDARDS, INSPECTION AND
CLASSIFICATION OF
HORTICULTURAL AND AGRICULTURAL PRODUCTS
632.900 “Horticultural
and agricultural products” defined
632.905 Grades
and standards for horticultural and agricultural products and containers; rules
632.910 Factors
to be considered in establishing grades, standards or classifications
632.915 Consideration
of commercial or other use; change of grades, standards or classifications
632.918 Classifications
and standards for certified horticultural and agricultural processes; rules
632.920 Compliance
with Administrative Procedures Act
632.935 Adoption
of United States standards; cooperation with United States
632.940 Inspection
and classification of horticultural and agricultural products by department;
fees and charges
632.945 Procedure
for department inspection and classification; collection of costs; fees
632.950 Termination
of department inspection activities by grower vote; election procedure; costs
632.955 Investigation
of complaint of purchaser’s misrepresentation of product; inspection and
classification of products received by purchaser
632.960 Appeal
to department for classification; fee
632.965 Certificate
of grade, classification, quality or condition as prima facie evidence
632.970 Misrepresentation
of grades and standards for horticultural or agricultural products; improper use
of insignia indicating grade
632.975 Use
of containers not conforming to standard
632.980 Improper
grading and incorrect certificates prohibited
632.985 Submitting
hay, grain or potatoes to inspection
PENALTIES
632.990 Criminal
penalties
632.995 Civil
penalties; rules; hearing; disposition of moneys
632.005
[Amended by 1959 c.633 §2; 1961 c.655 §1; repealed by 1965 c.582 §24]
632.007 [1961
c.655 §6; 1965 c.582 §21; renumbered 632.710]
632.010
[Repealed by 1965 c.582 §24]
632.015
[Amended by 1959 c.633 §3; repealed by 1965 c.582 §24]
632.020
[Amended by 1959 c.633 §4; repealed by 1965 c.582 §24]
632.025
[Repealed by 1965 c.582 §24]
632.030
[Repealed by 1965 c.582 §24]
632.035
[Amended by 1959 c.633 §5; 1961 c.655 §3; repealed by 1965 c.582 §24]
632.040
[Renumbered 632.730]
632.045
[Amended by 1961 c.425 §16; repealed by 1965 c.582 §24]
632.050
[Amended by 1959 c.633 §6; repealed by 1965 c.582 §24]
632.055
[Repealed by 1965 c.582 §24]
632.060
[Renumbered 632.755]
632.065 [Repealed
by 1965 c.582 §24]
632.067 [1959
c.633 §9; 1961 c.655 §4; repealed by 1965 c.582 §24]
632.070
[Repealed by 1965 c.582 §24]
632.075
[Repealed by 1965 c.582 §24]
632.080
[Repealed by 1965 c.582 §24]
632.085
[Renumbered 632.750]
632.090 [Amended
by 1955 c.91 §1; 1959 c.633 §7; repealed by 1965 c.582 §24]
632.092 [1959
c.633 §8; repealed by 1965 c.582 §24]
632.095
[Repealed by 1965 c.582 §24]
632.097 [1961
c.655 §7; 1965 c.582 §19; renumbered 632.760]
632.098 [1961
c.655 §8; repealed by 1965 c.582 §24]
632.100
[Subsection (2) of 1961 Replacement Part enacted as 1961 c.655 §9; repealed by
1965 c.582 §24]
632.105
[Repealed by 1965 c.582 §24]
632.110
[Renumbered 632.815]
632.115
[Repealed by 1965 c.582 §24]
632.120
[Repealed by 1965 c.582 §24]
632.125
[Repealed by 1965 c.582 §24]
632.205
[Repealed by 1955 c.363 §16]
ONIONS
632.206 Definitions for ORS 632.211 to
632.260. As used in ORS 632.211 to 632.260:
(1)
“Culls” means onions which fail to meet the standard of any grade established
by the State Department of Agriculture under ORS 632.211.
(2)
“Department” means the State Department of Agriculture.
(3)
“Sell” includes offer, consign or expose for sale.
(4)
“Transport” includes load or deliver.
(5)
“Unlabeled onions” means any onions not labeled as required by ORS 632.226. [1955
c.363 §1]
632.210
[Repealed by 1955 c.363 §16]
632.211 Establishment of grades and
standards; grading and inspection fee. (1) The State
Department of Agriculture shall, in accordance with the applicable provisions
of ORS 632.900 to 632.935, establish grades and standards for onions which
shall conform, in so far as practicable, to the official grades and standards
prescribed by the United States Department of Agriculture.
(2)
The grades and standards adopted by the State Department of Agriculture under
ORS 632.205, 632.210, 632.215, 632.220, 632.225, 632.230, 632.235, 632.240,
632.245 and 632.250 (1953 Replacement Part) shall continue in force and effect
and be applicable until superseded, changed or repealed by standards and grades
adopted by the department under subsection (1) of this section.
(3)
The department may fix and collect a fee for grading and inspecting of onions
in accordance with ORS 632.940. [1955 c.363 §8]
632.215
[Repealed by 1955 c.363 §16]
632.216 Certificate of grade required
before sale or transportation of onions; exceptions.
(1) No person shall sell or transport onions without first obtaining a
certificate of grade pursuant to ORS 632.940 to 632.965, unless the onions are:
(a)
Sold or transported in quantities of less than one ton.
(b)
Graded and inspected onions which have been reconditioned or re-sorted.
(c)
Culls labeled as such and other onions which are exempted from labeling by ORS
632.231 and 632.236.
(2)
For the purposes of subsection (1) of this section, if the container of onions
is labeled in accordance with ORS 632.226, a certificate of grade of the United
States Department of Agriculture or a shipping point inspection service
recognized by the United States Department of Agriculture may be accepted in
lieu of a certificate issued under ORS 632.965. [1955 c.363 §2]
632.220
[Repealed by 1955 c.363 §16]
632.221 Only one inspection of each load
or lot. No more than one inspection under ORS
632.216 is required for any load or lot of onions, regardless of the fact that,
after inspection, the load or lot inspected loses its specific identity because
of division of, or addition of other inspected onions of the same grade to, the
load or lot inspected, or because of reconditioning or re-sorting. [1955 c.363 §3]
632.225
[Repealed by 1955 c.363 §16]
632.226 Labeling.
Except as otherwise provided in ORS 632.231 and 632.236, no person shall sell
or transport onions, unless their container is labeled with:
(1)
The name and address or brand name of the grower or packer.
(2)
The net weight of its contents.
(3)
The word “culls” in boldfaced letters not less than two inches high if the
onions in the container fail to meet the standards of any grade established for
onions by the State Department of Agriculture. [1955 c.363 §4]
632.230
[Repealed by 1955 c.363 §16]
632.231 Sale of unlabeled onions.
Unlabeled onions may be sold:
(1)
By the grower at the field where grown.
(2)
To a processing plant.
(3)
At retail to consumers if the onions are displayed in open containers or bins
and the onions were labeled and inspected for grade as required by ORS 632.216
to 632.226, at or prior to the time of purchase by the retailer.
(4)
To a livestock feeder for feeding purposes. [1955 c.363 §5]
632.235
[Repealed by 1955 c.363 §16]
632.236 Transportation of unlabeled
onions. (1) Unlabeled onions may be transported
for a distance of less than 50 miles on a sale or delivery to:
(a)
A warehouse or other facility for grading or storage.
(b)
A livestock feeder for feeding purposes.
(2)
Upon written permit of the State Department of Agriculture issued under ORS
632.241, unlabeled onions may be transported:
(a)
To a processing plant.
(b)
For distances of 50 miles or more to a livestock feeder for feeding purposes,
or to a warehouse or other facility for grading or storage. [1955 c.363 §6]
632.240
[Repealed by 1955 c.363 §16]
632.241 Transportation permits; fee.
(1) Permits for transportation under ORS 632.236 (2) shall be issued by the
State Department of Agriculture to any person upon request made prior to the
date of transportation.
(2)
Two copies of the permit shall be issued by the department. One copy shall be
retained by the consignor. The second copy shall accompany the shipment at all
times to be delivered to the consignee at the point of destination of the
shipment. The department may issue and deliver additional copies of the permit
on request as they are needed. Permits shall be retained by both the consignor and
the consignee for one year from the date of issuance. Permits shall be
presented to the department or its duly authorized representatives for
inspection upon request.
(3)
The department may collect from the person making the request for the permit a
fee on a uniform basis in an amount reasonably necessary to defray the
administrative costs of the department in issuing permits under this section,
but not exceeding $2 for any permit. [1955 c.363 §7]
632.245
[Repealed by 1955 c.363 §16]
632.246 Seizure of unlawful onions.
The State Department of Agriculture may seize or detain any onions sold or
transported in violation of any provision of ORS 632.216 or 632.226. [1955
c.363 §9]
632.250
[Repealed by 1955 c.363 §16]
632.251 Access to premises or vehicle for
inspection purposes. The State Department of
Agriculture or any of its duly authorized representatives shall have free
access at any reasonable hours to any place or premises where onions are
stored, processed or sold, and may stop or enter any vehicle or means of
conveyance used to transport onions for the purpose of inspection or to
determine whether any provisions of ORS 632.206 to 632.260 have been violated. [1955
c.363 §10]
632.255 [1955
c.363 §11; repealed by 1965 c.276 §2]
632.260 Defendant in prosecution to plead
any exemption. In any criminal proceeding brought for
violation of any of the provisions of ORS 632.216 or 632.226, exemption of the
party accused from the requirements of ORS 632.216 or 632.226 shall be pleaded
and alleged by the defendant as a matter of defense upon a plea of not guilty. [1955
c.363 §12]
REGISTRATION AND USE OF TRADEMARK FOR
CONTAINERS, EQUIPMENT AND SUPPLIES
632.275 Filing trademark for containers,
equipment and supplies for fruit and vegetables.
Any persons, firms, corporations or associations engaged in producing, packing,
canning tree fruits, vegetables and small fruits who furnish or provide lug
boxes or containers for any grower or other person, firm or corporation with
the trademark of the grower, person, firm or corporation as defined by ORS
647.005, impressed or produced thereon, or whose equipment or supplies, owned
by and used in the business of the grower, person, firm or corporation, bears a
trademark impressed or produced thereon, and any corporations and associations
whose members are so engaged and use such containers or have such equipment or
supplies may file such trademark with the Secretary of State as provided in ORS
chapter 647. [Formerly 616.605]
632.280 Unlawful use of, or traffic in, name
or mark as presumptive evidence. Each of the
following is presumptive evidence of unlawful use of or traffic in the
containers, supplies or equipment described in ORS 632.275 if the description
of the name, mark or device has been filed and published as provided in ORS
632.275:
(1)
The use, without the consent provided for in ORS 632.290, of such container,
supplies or equipment by any person other than:
(a)
The person, firm, corporation or association whose name, mark or device is upon
the container, supplies or equipment; and
(b)
The members of any corporation registering the name, mark or device.
(2)
The having by any junk dealer, or any dealer in secondhand articles, of
possession of any such containers, supplies or equipment. [Formerly 616.610]
632.285 Security for return not a sale.
If the owner of containers marked or branded pursuant to ORS 632.275, or of
equipment or supplies used in the business so marked or otherwise impressed, or
others lawfully entitled to use the containers, equipment or supplies, requires
the taking or accepting of money as a deposit for security for the safekeeping
and return of the articles, it shall not constitute a sale of such property,
either optional or otherwise, in any proceedings under ORS 632.275 to 632.290. [Formerly
616.615]
632.290 Acquiring of marked containers,
supplies and equipment. Any person, firm, corporation or
association, or any member of such corporation or association acquiring
containers, supplies or equipment marked pursuant to ORS 632.275, by purchase
or other lawful means, and having written consent, shall not be required to
again file and publish the description, but shall as to the containers,
supplies and equipment, describe any such written consent acquired as a part of
the purchase and shall have all such benefits as the vendor has under ORS
632.275 to 632.290. [Formerly 616.620]
632.305
[Repealed by 1955 c.711 §1]
632.306 [1955
c.711 §§2, 5; 1957 c.96 §1; repealed by 1997 c.410 §1]
632.310
[Repealed by 1955 c.711 §1]
632.311 [1955
c.711 §4; repealed by 1997 c.410 §1]
632.315
[Repealed by 1955 c.711 §1]
632.316 [1955
c.711 §13; repealed by 1997 c.410 §1]
632.320
[Repealed by 1955 c.711 §1]
632.321 [1955
c.711 §6; 1957 c.96 §2; repealed by 1997 c.410 §1]
632.325 [Repealed
by 1955 c.711 §1]
632.326 [1955
c.711 §7; 1957 c.96 §3; repealed by 1997 c.410 §1]
632.330
[Repealed by 1955 c.711 §1]
632.331 [1955
c.711 §8; 1957 c.96 §4; repealed by 1997 c.410 §1]
632.335
[Repealed by 1955 c.711 §1]
632.336 [1955
c.711 §9; 1957 c.96 §5; 1993 c.46 §2; repealed by 1997 c.410 §1]
632.340
[Repealed by 1955 c.711 §1]
632.341 [1955
c.711 §10; 1993 c.46 §1; repealed by 1997 c.410 §1]
632.345
[Repealed by 1955 c.711 §1]
632.346 [1955
c.711 §11; repealed by 1997 c.410 §1]
632.350
[Repealed by 1955 c.711 §1]
632.351 [1955
c.711 §12; repealed by 1997 c.410 §1]
632.355
[Repealed by 1955 c.711 §1]
632.356 [1955
c.711 §14; repealed by 1965 c.276 §2]
632.360
[Repealed by 1955 c.711 §1]
632.361 [1955
c.711 §3; repealed by 1997 c.410 §1]
PRUNES
632.405
[Repealed by 2007 c.71 §189]
632.410 Establishing official grades and
standards. (1) The State Department of Agriculture
shall fix, establish and promulgate, after investigation and public hearing,
official grades and standards for grading and classifying dried prunes.
(2)
In establishing such grades and standards the department shall take into
account and base them upon the following factors:
(a)
Flavor, texture, size, appearance and moisture content.
(b)
Freedom from disease.
(c)
Freedom from or extent of damage or deterioration.
(d)
Absence of foreign material, dirt, insect infestation or scorch.
(e)
Extent of carmelization.
(f)
Method of packing or packaging.
(g)
Such other factors as may be indicative of or which may affect quality or
condition and value or suitability for human consumption or for the commercial
or other uses to which that product normally is put.
(3)
In addition, the department shall take into account any grades, standards or
classifications for dried prunes established by the United States Department of
Agriculture, and also applicable state and federal food and drug laws. ORS
632.900 to 632.935 relating to grades and standards shall apply to ORS 632.410
to 632.440.
632.415 Application of factors to be considered;
change of grade. (1) The factors to be considered
in establishing any grades or standards for dried prunes, as provided by ORS
632.410, shall be applied in accordance with the extent to which and manner in
which they relate to the quality, quantity and condition of that product and
the value or suitability of it for human consumption or for the commercial or
other uses to which it is normally put.
(2)
Any such grades, standards or classifications established under ORS 632.410 to 632.440
may, from time to time, be changed by the State Department of Agriculture in
order:
(a)
To conform them more nearly to the requirements or interests of consumers or to
commercial or trade requirements, practices or methods.
(b)
To meet changed conditions.
(c)
To comply with new and improved methods of handling, processing, packing,
transporting, marketing or using dried prunes.
(d)
To 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 of it as stated in this section.
632.420 Sample kept of purchases according
to grade; determination of dispute as to grade.
(1) Any person who purchases in commercial quantity any dried prunes which are
to be further processed before being sold or offered for sale for human
consumption, the price or consideration for such being dependent upon the
quality or quantity determined according to the number of dried prunes to the
pound, shall keep for a period of not less than 30 days, conveniently available
to checking by the person from whom those dried prunes were purchased, the
exact sample used in so determining their quality or quantity.
(2)
In the event of dispute as to the accuracy of that determination of quality or
quantity, the State Department of Agriculture, upon the request of either party
to that sale and payment of the required fee, shall examine the sample. The
determination by the department on the basis of such examination of the quality
or quantity of those dried prunes shall be binding upon both parties.
632.425 Fees for inspecting and grading.
The State Department of Agriculture shall fix, assess and collect fees for all
inspections or grading of dried prunes made pursuant to ORS 632.410 to 632.440,
on a uniform basis, in a reasonable amount, which the department shall
determine to be sufficient to cover the cost of such inspection and grading.
632.430 Enforcement; rules; inspection or
grading certificate as evidence. (1) The State
Department of Agriculture shall administer and enforce the provisions of ORS
632.410 to 632.440. It may employ such inspectors and deputies and enter such
agreements with officers of the United States Department of Agriculture and
make such reasonable rules and regulations as may be necessary to carry out
such sections.
(2)
In any court proceeding any inspection or grading certificate, issued pursuant
to such sections, is prima facie evidence of the facts stated in it.
632.435
[Repealed by 1965 c.276 §2]
632.440 Injunction.
Any circuit court has jurisdiction to restrain any violation or threatened
violation of ORS 632.410 to 632.430, upon suit by the Attorney General.
PACKING AND LABELING OF HORTICULTURAL
PRODUCTS
632.450 Definitions for ORS 632.450 to
632.485. As used in ORS 632.450 to 632.485:
(1)
“Horticultural products” means all horticultural products, including nursery
stock as defined in ORS 571.005, except horticultural products that are canned,
bottled, frozen, dried, candied or brined.
(2)
“Container” means the box, crate, lug, chest, basket, carton, barrel, keg,
drum, sack, hamper, bag, bin, tray, bucket or other receptacle, whether open or
closed, used by any person in transporting horticultural products, or in which
such products are offered for sale.
(3)
“Stamp,” “mark” or “label plainly” means placing the information required by
ORS 632.450 to 632.485 on the container in legible letters or figures of not
less than three-eighths inch in height and not less than three-sixteenths inch
in width, by means of a rubber stamp, stencil, printing by machine, or by
attaching to the package by means of glue or paste, a machine-printed label.
Such marks, and the location thereof, shall conform to the rules and
regulations established by the State Department of Agriculture when
promulgating grades for horticultural products.
(4)
“Deceptive pack” means any arrangement of horticultural products which has in
the outer layer or any exposed surface horticultural products which are so
superior in quality, size, condition or in any other respect to those in the
interior of the lot or the unexposed portion as to materially misrepresent the
contents of the lot. A deceptive pack also means a container slackly filled so
as to deceive the purchaser in regard to the total contents, or a container
which has had a portion of the original contents removed and then offered for
sale as a full pack. [Formerly 616.505; 2001 c.104 §245]
632.455 Labeling container of
horticultural products. No person shall sell, offer for
sale or transportation, or transport within Oregon, horticultural products
unless each container or package of such products is plainly and conspicuously
labeled with the name and post-office address of the grower, shipper or dealer,
and the net contents of the container or package in terms of weight, measure or
numerical count. This section does not apply to transportation from the owner’s
fields to a warehouse for storage or grading and packing, or to processing
plants. [Formerly 616.510]
632.460 Establishment of grades, branding
and packing requirements; rules. (1) The State
Department of Agriculture may establish by rule, as provided in ORS chapter
183, grades for horticultural products and branding and packing requirements as
are deemed necessary.
(2)
Except as expressly provided in ORS 632.450 to 632.485, all grades and
requirements relating to fruits and vegetables in effect on June 14, 1941,
shall so remain unless changed under the authority conferred by ORS 632.450 to
632.485.
(3)
The use of grade standards authorized to be established by this section is not
mandatory unless otherwise specifically provided by law. However, the deceptive
use or misuse of any grade standards is unlawful. [Formerly 616.515; 1979 c.91 §2]
632.465 Used packages or containers.
It is unlawful to sell or offer for sale or to transport or offer for
transportation, horticultural products in used packages or containers unless
such used packages or containers are first cleaned of all foreign matter and
substances and are in all respects sanitary, and unless all previous markings,
brands, grade markings, labels, trademarks, names and addresses are entirely
removed or so defaced as to destroy their legibility, or by turning such
container or package inside out. This section does not apply to transportation
from the owner’s fields to a warehouse for storage or grading and packing, or
to processing plants. [Formerly 616.520]
632.470 False representations as to raising,
production or packing. No person, by means of any false
representation, either verbal, printed or written, shall represent or pretend
that horticultural products were raised, produced or packed by any person, or
in any locality other than by the person, and in the locality where the same
were in fact raised, produced or packed. [Formerly 616.525]
632.475 Possession of unlabeled, falsely
labeled or deceptively packed products. (1) No person
shall have in possession for sale or transportation any horticultural products
not labeled as required in ORS 632.450 to 632.485, or falsely marked or
labeled, or deceptively packed contrary to the provisions of ORS 632.450 to
632.485.
(2)
The possession for sale or transportation by such person of any such
horticultural products so falsely marked, labeled or packed is prima facie
evidence that such person has so falsely marked, labeled or packed such
horticultural products.
(3)
The provisions of ORS 632.450 to 632.485 do not apply to the transportation of
horticultural products by common carrier, except when the common carrier is
issued a written notice by the State Department of Agriculture that the lot of
horticultural products offered for shipments has been seized by the department
for not meeting the requirements of ORS 632.450 to 632.485 and the notice is
accompanied with a copy of the seizure notice. [Formerly 616.530]
632.480 Shipment or sale of deceptive
pack, load or display prohibited. No person
shall prepare, deliver for shipment, ship, transport, offer for sale or sell a
deceptive pack, or package, load, arrangement or display of horticultural
products. [Formerly 616.535]
632.485 Enforcement; entry and inspection;
seizure. (1) The director and all authorized
agents of the State Department of Agriculture shall enforce ORS 632.450 to
632.485 and to that end may enter any place or conveyance within this state
where any fruit, nuts or vegetables are produced, stored, packed, delivered for
shipment, loaded, shipped, being transported, or sold, and inspect all such
fruit, nuts or vegetables and the containers thereof and take for inspection
such representative samples of the fruit, nuts or vegetables and such
containers, as may be necessary, to determine whether or not ORS 632.450 to
632.485 have been violated.
(2)
Whenever a duly authorized representative of the department finds, or has
probable cause to believe, that any products are marked, labeled or packed in
violation of ORS 632.450 to 632.485, the representative shall seize the
products and proceed in the manner directed by law for the disposal of products
seized by the department. [Formerly 616.540]
632.490 Labeling fruit or vegetables as
Oregon grown or packed. All persons operating under
their own private brand in Oregon in the business of packing or canning fruit
or vegetables, either fresh, canned, evaporated or otherwise, shall plainly
designate on such private brand that goods were Oregon grown or packed in
Oregon. For the purpose of this section it is sufficient for the firms whose
headquarters are in Oregon to either designate the local address of the cannery
or to designate the location of their main office in Oregon. This section does
not apply to sales to wholesalers, packers or others for reselling. [Formerly
616.545]
WALNUTS AND FILBERTS
632.505
[Repealed by 2007 c.71 §190]
632.510
[Repealed by 1955 c.239 §8]
632.515
[Repealed by 1955 c.239 §8]
632.516 Establishment of grades and
standards; rules. The State Department of
Agriculture shall, in accordance with the applicable provisions of ORS 632.905
to 632.980, establish standards and grades for walnuts and filberts by rules or
regulations enacted pursuant to ORS chapter 183. The grades shall conform, as
far as practicable or applicable in this state, to the official grades and
standards prescribed by the United States Department of Agriculture. The grades
may be changed from time to time as may be necessary. [1955 c.239 §2; 1971
c.734 §28]
632.520
[Repealed by 1955 c.239 §8]
632.521 Grades and standards established
by repealed statute; continued in effect until superseded.
Notwithstanding the powers and duties of the State Department of Agriculture
under ORS 632.516, the statutory standards and grades in ORS 632.510, 632.515,
632.520, 632.525, 632.530, 632.535, 632.540, 632.545, 632.550, 632.555,
632.560, 632.565, 632.570, 632.575 and 632.580 prior to the repeal of those
sections by section 8, chapter 239, Oregon Laws 1955, shall continue in force
and effect and be applicable as if adopted by the department until superseded
or repealed by rules and regulations adopted by the department under ORS
632.516. [1955 c.239 §3]
632.525
[Repealed by 1955 c.239 §8]
632.530
[Repealed by 1955 c.239 §8]
632.535
[Repealed by 1955 c.239 §8]
632.540
[Repealed by 1955 c.239 §8]
632.545
[Repealed by 1955 c.239 §8]
632.550
[Repealed by 1955 c.239 §8]
632.555 [Repealed
by 1955 c.239 §8]
632.560
[Repealed by 1955 c.239 §8]
632.565
[Repealed by 1955 c.239 §8]
632.570
[Repealed by 1955 c.239 §8]
632.575
[Repealed by 1955 c.239 §8]
632.580
[Repealed by 1955 c.239 §8]
632.585 Necessity of conformity to standards.
All unshelled walnuts and unshelled filberts sold or offered for sale or
shipment in this state shall conform to the standards established by the State
Department of Agriculture for such walnuts and filberts. [Amended by 1955 c.239
§5]
632.590 Labeling.
(1) All unshelled walnuts and unshelled filberts sold, displayed or offered for
sale or shipment in this state must have the containers, bins, display table or
other bulk display labeled with a legible label containing the:
(a)
Name of the state in which such nuts were grown.
(b)
Grade or registered brand and size of nuts in the container.
(c)
Name and address of the grower, dealer or packer.
(2)
Notwithstanding subsection (1) of this section, containers of five pounds or
less capacity and bins and bulk tables are required to be labeled only with the
name of the state where grown and the grade and size of such nuts. Such
labeling is not required when nuts are being sold at retail from a properly
labeled container or bulk display and packaged in the presence of the purchaser
for the immediate purpose of the sale. [Amended by 2005 c.22 §444]
632.595 Containers.
All containers of unshelled walnuts or unshelled filberts of the two highest
grades established by the State Department of Agriculture, sold or offered for
sale or shipment in this state, shall be uniform, new, sound and clean and
otherwise conform to the standards approved by the department. Containers for
lower grades shall be clean, fairly bright and sound. [Amended by 1955 c.239 §6;
2007 c.71 §191]
632.600 Inspection districts; inspection,
reinspection and fees. (1) The State Department of
Agriculture may designate certain areas as inspection districts and certain
cities as inspection points, as necessary for the enforcement of ORS 632.516 to
632.625 and the rules and regulations of the department.
(2)
All unshelled walnuts and unshelled filberts shipped out of or into or received
in such inspection districts or inspection points in lots of 250 pounds or more
shall be inspected by the department in accordance with its rules and
regulations. However, no inspection shall be required for such nuts in transit
to a processing plant. Not more than one inspection shall be made by the
department for any car or lot of unshelled walnuts, or unshelled filberts
unless the buyer or seller of the car or lot applies for reinspection and
advances the charges for it as provided by the department. Any shipper of
unshelled walnuts or unshelled filberts who feels that the grade established on
any lot of nuts by any inspector, agent or representative of the department is
not a true grade of such lot of unshelled walnuts or unshelled filberts may
appeal to the department for a reinspection. However, the department may
inspect any lot of less than 250 pounds, if at any time it deems it necessary.
(3)
The department may fix, assess and collect or cause to be collected fees for
all inspections of unshelled walnuts and unshelled filberts, on a uniform
basis, in an amount determined to be reasonable and to cover the cost of its
inspections and the enforcement of ORS 632.516 to 632.625. [Amended by 1955
c.239 §7]
632.605
[Subsection (2) enacted as 1955 c.239 §4; repealed by 1965 c.276 §2]
632.610 Duty to notify department of availability
for inspection. (1) Every operator or person in
charge of any motor vehicle transporting on the streets or highways any
unshelled walnuts or unshelled filberts, of which inspection is required by ORS
632.516 to 632.625, out of, into or through any inspection district, or any
city which has been declared an inspection point, shall give notice by mail or
in person to the nearest office or inspector of the State Department of
Agriculture that such nuts are available for inspection as required by law.
(2)
Any person, receiving any shipment, load or lot of such nuts, which has not
been inspected, for the purpose of sale or storage in such quantities and in
such places as would require inspection, shall give notice within 24 hours by
mail or in person to the nearest office or inspector of the department that
such nuts have been received and are being held for inspection.
632.615 Enforcement; inspection certificate
as evidence; rules. (1) The State Department of
Agriculture shall enforce the provisions of ORS 632.516 to 632.625, and may make
rules and regulations necessary or convenient for such enforcement. It may
employ such inspectors, agents and representatives as it finds necessary and
enter into agreements with the United States Department of Agriculture, its
authorized agents, officers and representatives as it deems necessary to carry
out such sections, not contrary to the laws of this state.
(2)
Upon complaint, properly filed, that unshelled walnuts or unshelled filberts
are offered for sale or shipment in violation of ORS 632.516 to 632.625, the
State Department of Agriculture shall make the necessary investigation. If the
complaint is found true, the department shall report the facts to the district
attorney of the county in which the violation occurred and the district
attorney shall prosecute such offender.
(3)
Certificates of inspection of unshelled walnuts and unshelled filberts issued
by the department shall be prima facie evidence of the facts contained therein.
632.620
[Amended by 2009 c.175 §23; repealed by 2011 c.597 §309]
632.625 Violation of walnut and filbert
law prohibited. No person shall sell or offer
for sale or shipment any unshelled walnuts or unshelled filberts in violation
of any of the provisions of ORS 632.516 to 632.625, or the rules or regulations
established under such sections.
EGGS
(Processing and Sale)
632.705 Definitions for ORS 632.705 to
632.815. As used in ORS 632.705 to 632.815:
(1)
“Adulterated” has the meaning given that term in ORS 616.235.
(2)
“At retail” means a sale or transaction between a retailer and a consumer.
(3)
“Bulk sale” means the sale of eggs in containers other than consumer
containers.
(4)
“Candling” means the examination of the interior of eggs by the use of
transmitted light used in a partially dark room or place.
(5)
“Consumer” means any person who purchases eggs at retail or any restaurant,
hotel, boarding house, bakery, or institution or concern that purchases eggs
for serving to guests or patrons thereof, or for its own use in cooking or
baking.
(6)
“Consumer container” means a container in which eggs are packed for sale to
consumers.
(7)
“Container” means any box, case, basket, carton, sack, bag or other receptacle.
(8)
“Department” means the State Department of Agriculture.
(9)
“Egg handler” means any person who contracts for or obtains possession or
control of any eggs for:
(a)
Sale to another egg handler or a retailer; or
(b)
Processing and sale to another egg handler, a retailer or a consumer.
(10)
“Egg products” means the white, yolk, or any part of eggs, in liquid, frozen,
dried, or any other form, used, intended or held for use, in the preparation
of, or to be a part of or mixed with, food or food products, for human
consumption, excepting products that contain eggs only in a relatively small
proportion or historically have not been in the judgment of the department
considered by consumers as products of the egg industry.
(11)
“Eggs” or “shell eggs” means eggs in the shell from chickens, turkeys, ducks,
geese or any other species of fowl.
(12)
“Federal Act” means the federal Egg Products Inspection Act, 21 U.S.C. 1031 et
seq., 84 Stat. 1620 et seq.
(13)
“Labeling” has the meaning given that term in ORS 616.205 (13).
(14)
“Lot” means an identifiable and certain quantity, group or shipment of one
grade or size of eggs of a particular producer, egg handler or retailer. Such
identification and certainty may be determined by the department by container
labeling of codes, numbers or dates, or invoices containing such data.
(15)
“Misbranded” has the meaning given that term in ORS 616.250.
(16)
“Pasteurize” means the subjecting of each particle of egg products to heat or
other treatments to destroy harmful viable microorganisms, by such processes as
may be prescribed by the department.
(17)
“Processing” means manufacturing egg products, including breaking eggs or
filtering, mixing, blending, pasteurizing, stabilizing, cooling, freezing,
drying or packaging egg products.
(18)
“Retailer” means any person who sells eggs to a consumer.
(19)
“Sell” or “sale” means to sell, offer for sale, expose for sale, or have in
possession for sale. [1965 c.582 §1; 1975 c.748 §1; 2003 c.14 §378; 2005 c.22 §445]
632.710
[Formerly 632.007; repealed by 1975 c.748 §19]
632.715 Egg handler’s license.
(1) Unless the holder of a permit issued under ORS 632.730, no person shall
sell or distribute within this state any eggs to consumers or to retailers
without having first obtained an egg handler’s license from the State
Department of Agriculture. The license shall not be required:
(a)
Of a producer selling and delivering eggs of the producer’s own production
direct to an individual consumer; or
(b)
For the sale of uncandled eggs to other than a consumer; or
(c)
For the sale by a retailer to a consumer of eggs which previously have been
candled and graded by an egg handler in compliance with ORS 632.705 to 632.815.
(2)
Application for such license shall be made to the department, on forms
prescribed by the department.
(3)
Each egg handler’s license shall expire on June 30 next following the date of
issuance or on such date as may be specified by department rule. Such license
shall not be transferable to any person. The original of the license shall be
conspicuously displayed in the main office of the licensee. A duplicate copy of
the license shall be conspicuously displayed in each separate branch, store,
sales outlet, office, warehouse or location operated or owned by the licensee
in which eggs are candled or graded.
(4)
The department, in accordance with ORS chapter 183, may refuse to issue, or may
suspend or revoke, an egg handler’s license issued under this section, or a
permit issued under ORS 632.730, if the applicant, the permit holder, or the
licensee has or is violating the provisions of ORS 632.705 to 632.815 or rules
promulgated pursuant thereto. [1965 c.582 §2; 1975 c.748 §2; 1982 s.s.1 c.4 §12;
2007 c.768 §34]
632.720 Fee.
There shall be paid to the State Department of Agriculture with each
application for an egg handler’s license an annual license fee of $25. [1965 c.582
§3; 1975 c.748 §3; 1991 c.632 §8]
632.725 [1965
c.582 §4; repealed by 1975 c.748 §19]
632.730 Commercial egg breaker’s permit;
fee. No person shall engage in the
commercial breaking of eggs for the purpose of recovering therefrom, for human
food, the whites, yolks or whole egg meats, or any part thereof, for resale as
such, without first obtaining from the State Department of Agriculture a permit
to do so. Such permit shall be issued to any person making written application
for it and a proper showing of ability and intent to comply with the sanitary
requirement specified by ORS 632.705 to 632.815, and payment to the department
of an annual permit fee of $75. Such permit shall expire on June 30 next
following its date of issuance or on such date as may be specified by
department rule. Such permits may be renewed from year to year upon written
application and payment of the annual permit fee.
[Formerly 632.040; 1975 c.748 §4; 1982 s.s.1
c.4 §13; 2007 c.768 §35]
632.735 [1965
c.582 §5; repealed by 1975 c.748 §19]
632.740 [1965
c.582 §6; repealed by 1975 c.748 §5 (632.741 enacted in lieu of 632.740)]
632.741 Additional fee; reports; records;
exceptions. (1) In addition to the license fee
prescribed in ORS 632.720, each egg handler shall pay to the State Department
of Agriculture a fee prescribed by the department, not to exceed two and
one-half mills per dozen eggs sold by such egg handler. Such fee shall be paid
by remitting monthly payments, on dates prescribed by the department,
accompanied by such reports concerning egg sales as the department may
prescribe. The egg handler utilizing this method shall prepare and maintain
adequate books and records evidencing the egg sales, and shall keep the same
for at least two years. The department is authorized to inspect and audit such
books and records as provided in ORS 561.265 and the egg handler shall pay to
the department its costs for the same. The department shall assign such egg
handler a permit number to be placed on egg containers in the manner prescribed
by the department.
(2)
The fees required to be paid under subsection (1) of this section and, except
as otherwise provided therein, the labeling required by ORS 632.771 shall not
apply to:
(a)
Eggs sold and shipped outside of this state;
(b)
Eggs sold to the United States Government;
(c)
Bulk sales of eggs;
(d)
Eggs sold to another egg handler for processing into egg products; or
(e)
Eggs sold by a producer to consumers at the place of production. [1975 c.748 §6
(632.741 enacted in lieu of 632.740); 1991 c.632 §9]
632.745 When invoices required; exception;
availability for inspection. (1) Each
person who sells eggs in bulk shall furnish the purchaser with an invoice
covering each such sale, showing the exact grade or quality and the size or
weight of the eggs sold, according to the standards prescribed by the federal
Act or the State Department of Agriculture, together with the name and address
of the person by whom the eggs were sold. The invoices shall be available
during business hours for inspection by the department. The invoices shall be
kept for at least:
(a)
One year by the seller; and
(b)
60 days by the purchaser.
(2)
No invoice shall be required on eggs when sold to the United States Government
or to an individual consumer.
(3)
Any person or retailer selling eggs through its own stores or outlets may keep
the records required by subsection (1) of this section, at its principal place
of business within this state and is not required to keep the records at the
stores or outlets. [1965 c.582 §7; 1975 c.748 §7; 1995 c.79 §321]
632.750
[Formerly 632.085; repealed by 1975 c.748 §19]
632.755
[Formerly 632.060; repealed by 1975 c.748 §8 (632.756 enacted in lieu of
632.755)]
632.756 Maintenance of facilities and
equipment; standards. The plant facilities and
equipment utilized in processing eggs or egg products shall be constructed,
maintained and utilized in accordance with the rules promulgated under the
federal Act or promulgated by the State Department of Agriculture. [1975 c.748 §9
(enacted in lieu of 632.755)]
632.760
[Formerly 632.097; repealed by 1975 c.748 §10 (632.761 enacted in lieu of
632.760)]
632.761 Authority of department.
The State Department of Agriculture is authorized to:
(1)
Inspect at reasonable times plant premises, facilities, equipment, containers
and vehicles and to inspect and sample eggs and egg products for the purpose of
enforcing the provisions of ORS 632.705 to 632.815 or rules promulgated
pursuant thereto.
(2)
Seize, embargo or detain, in accordance with the provisions of ORS 561.605 to
561.630, any eggs or egg products determined to be in violation of the
provisions of ORS 632.705 to 632.815 or rules promulgated pursuant thereto.
(3)
Condemn, in accordance with the provisions of ORS 616.740, any plant premises,
facilities, equipment, containers or vehicles determined to be in violation of
the provisions of ORS 632.705 to 632.815 or rules promulgated pursuant thereto.
(4)
Enter into cooperative and reciprocal agreements with any federal, state or other
governmental agency in carrying out the provisions of ORS 632.705 to 632.815,
and to receive and expend funds pursuant thereto. [1975 c.748 §11 (enacted in
lieu of 632.760)]
632.765 [1965
c.582 §8; repealed by 1975 c.748 §19]
632.770 [1965
c.582 §9; repealed by 1975 c.748 §12 (632.771 enacted in lieu of 632.770)]
632.771 Information on container label;
sale from bulk display; advertising. (1) The
labeling of any container used by an egg handler shall include the information
required by the federal Act or rules promulgated thereunder, or:
(a)
The full, correct and unabbreviated designation of size and grade or quality of
the eggs;
(b)
The common or usual name, if any there be, of the egg product;
(c)
The lot or production code, number or date;
(d)
The net contents;
(e)
The name and address of the egg handler or distributor, and in the case of a
distributor shall include qualifying terms as “packed for,” “distributed by” or
“distributor”; and
(f)
The Oregon state egg seal or the official number assigned to the egg handler by
the State Department of Agriculture.
(2)
The labeling information required by subsection (1) of this section shall be of
a size and in a location prescribed by the department or by the rules
promulgated under the federal Act.
(3)
If eggs are sold by retailers to consumers from a bulk display, in lieu of the
labeling information required by subsection (1) of this section, there shall be
a clearly visible and legible placard prominently displayed immediately
adjacent to such display containing the size and grade or quality of the eggs.
(4)
Advertising of eggs or egg products shall conform to such provisions of
subsection (1) of this section as the department may prescribe. [1975 c.748 §13
(enacted in lieu of 632.770)]
632.775 [1965
c.582 §10; repealed by 1975 c.748 §19]
632.780 [1965
c.582 §11; repealed by 1975 c.748 §19]
632.785 [1965
c.582 §12; repealed by 1975 c.748 §14 (632.786 enacted in lieu of 632.785)]
632.786 Prohibited acts.
No person shall:
(1)
Sell eggs for human consumption in previously used consumer containers bearing
the brand, trademark or officially designated number of another egg handler,
unless the same is removed or defaced;
(2)
Fail to pay the fees or obtain the permit required by ORS 632.741;
(3)
Fail to furnish the invoices required by ORS 632.745;
(4)
As an egg handler, use any egg container unless it is labeled as required by
ORS 632.771;
(5)
As a retailer, sell eggs from a bulk display without the displaying of the
placard required by ORS 632.771 (3);
(6)
Deliver or sell eggs for human consumption that have been incubated or have
been in either an artificial or natural incubator;
(7)
Deliver or sell for human consumption ova from slaughtered birds of any
species;
(8)
Sell any eggs or egg products that are adulterated or misbranded;
(9)
Sell any eggs as fresh eggs unless they are of the quality or grade prescribed
for fresh eggs by the State Department of Agriculture or the federal Act;
(10)
Sell egg products for human consumption unless they have been pasteurized, nor
as a food processor purchase egg products that have not been pasteurized;
(11)
Advertise eggs or egg products in violation of the standards or requirements
prescribed by the department;
(12)
Otherwise violate any of the provisions of ORS 632.705 to 632.815; or
(13)
Use containers in the bulk sale of eggs that bear the trademark of another egg
handler without the consent of the registrant of such trademark. The provisions
of ORS 632.275 to 632.290 shall apply to bulk sale containers of eggs in the
same manner as they apply to containers for canning tree fruits, vegetables and
small fruits. [1975 c.748 §15 (enacted in lieu of 632.785); 2003 c.14 §379]
632.790 [1965
c.582 §14; repealed by 1975 c.748 §19]
632.795 [1965
c.582 §15; repealed by 1975 c.748 §19]
632.800 [1965
c.582 §16; repealed by 1975 c.748 §19]
632.805 [1965
c.582 §17; repealed by 1975 c.748 §19]
632.807 [1967
c.250 §2; repealed by 1975 c.748 §19]
632.810 [1965
c.582 §18; 1967 c.250 §3; repealed by 1975 c.748 §16 (632.811 enacted in lieu
of 632.810)]
632.811 Rules; considerations in
promulgating rules. (1) In accordance with the
provisions of ORS chapter 183, the State Department of Agriculture may
promulgate rules necessary to administer and enforce the provisions of ORS
632.705 to 632.815, including but not limited to:
(a)
The establishment of fees under ORS 632.741, and the times and manner of
payment thereof;
(b)
The reports and records to be made or kept under ORS 632.741;
(c)
The establishment of minimum grades or standards of quality and wholesomeness,
size or weight of eggs or egg products;
(d)
The establishment of minimum standards of construction, maintenance, sanitation
and operation of facilities and equipment used in the grading, candling,
breaking or processing of eggs or egg products; and
(e)
The establishment of labeling and advertising standards or requirements for
eggs and egg products.
(2)
In promulgating such rules the department may consider:
(a)
The provisions of the federal Act and rules promulgated pursuant thereto, and
the laws and rules of other states;
(b)
The necessary procedures required to prohibit the sale or consumption of
unwholesome eggs or egg products; and
(c)
The health and economic consequences to this state which might result from the
processing, handling, sale or consumption of unwholesome eggs or egg products. [1975
c.748 §17 (enacted in lieu of 632.810)]
632.812 [1967
c.250 §1; repealed by 1975 c.748 §19]
632.815 Disposition of fees.
All fees collected by the State Department of Agriculture under ORS 632.705 to
632.815 shall be paid to the State Treasurer by the department who shall
deposit them in the Department of Agriculture Service Fund. Such funds are
continuously appropriated to the department for the purposes of the
administration and enforcement of such sections. [Formerly 632.110; 1975 c.748 §18;
1979 c.499 §28]
(Laying Conditions)
632.835 Definitions for ORS 632.835 to
632.850. As used in ORS 632.835 to 632.850:
(1)
“Commercial farm” means the land, buildings and support facilities that are
used for the commercial production of animals or animal products used for food
or fiber.
(2)
“Commercial farm owner or operator” means any person who owns or controls the
operation of a commercial farm. “Commercial farm owner or operator” does not
mean a contractor, consultant or nonmanagement employee.
(3)
“Egg” means an egg, in the shell, from an egg-laying hen.
(4)
“Egg-laying hen” means any female domesticated chicken, turkey, duck, goose or
guinea fowl that is kept for the purpose of egg production.
(5)
“Egg products” has the meaning given that term in ORS 632.705, except that “egg
products” does not include the following products when those products are
prepared from inspected egg products or eggs and contain no more restricted
eggs than are allowed in the official standards for United States Consumer
Grade B shell eggs:
(a)
Freeze-dried products;
(b)
Imitation egg products;
(c)
Egg substitutes;
(d)
Dietary foods;
(e)
Dried no-bake custard mixes;
(f)
Eggnog mixes;
(g)
Acidic dressings;
(h)
Noodles;
(i)
Milk and egg dips;
(j)
Cake mixes;
(k)
French toast; and
(L)
Sandwiches containing eggs or egg products.
(6)
“Enclosure” means any cage, crate or other structure used to confine an egg-laying
hen. [2011 c.436 §1]
632.840 Manner of confining egg-laying
hen; business plan for compliance; rules; penalty.
(1) The State Department of Agriculture shall adopt rules regulating the manner
in which egg-laying hens may be confined in an enclosure for purposes of ORS
632.835 to 632.850. The rules must:
(a)
Be designed to promote humane welfare standards;
(b)
Be effective in protecting consumers from food-borne pathogens;
(c)
Require that enclosures constructed or otherwise acquired before January 1,
2012, meet standards equivalent to the requirements for certification
established in the United Egg Producers’ Animal Husbandry Guidelines for U.S.
Egg Laying Flocks; and
(d)
Require that enclosures constructed or otherwise acquired on or after January
1, 2012, meet, or be convertible into enclosures that meet, standards
equivalent to the requirements for certification of enriched colony facility
systems established in the American Humane Association’s farm animal welfare
certification program.
(2)
The department may impose a civil penalty pursuant to ORS 183.745, not to
exceed $2,500, for violation of a provision of ORS 632.835 to 632.850.
(3)
Upon renewal of an egg handler’s license described in ORS 632.715 or a
commercial egg breaker’s permit described in ORS 632.730, a commercial farm
owner or operator that is engaged in the commercial production of eggs in this
state shall provide the department with a business plan describing the manner
by which the commercial farm intends to comply with the rules adopted pursuant
to the amendments to this section by section 9, chapter 436, Oregon Laws 2011.
Notwithstanding ORS 192.501 or 192.502, the business plan is a public record
subject to full disclosure. [2011 c.436 §4]
Note 1: The
amendments to 632.840 by section 5, chapter 436, Oregon Laws 2011, become
operative July 1, 2015. See section 6, chapter 436, Oregon Laws 2011. The text
that is operative from July 1, 2015, until January 1, 2017, is set forth for
the user’s convenience.
632.840. (1)
The State Department of Agriculture shall adopt rules regulating the manner in
which egg-laying hens may be confined in an enclosure for purposes of ORS
632.835 to 632.850. The rules must:
(a)
Be designed to promote humane welfare standards;
(b)
Be effective in protecting consumers from food-borne pathogens;
(c)
Require that enclosures constructed or otherwise acquired before January 1,
2012, meet standards equivalent to the requirements for certification
established in the United Egg Producers’ Animal Husbandry Guidelines for U.S.
Egg Laying Flocks; and
(d)
Require that enclosures constructed or otherwise acquired on or after January
1, 2012, meet, or be convertible into enclosures that meet, standards
equivalent to the requirements for certification of enriched colony facility
systems established in the American Humane Association’s farm animal welfare
certification program.
(2)
The department may impose a civil penalty pursuant to ORS 183.745, not to
exceed $2,500, for violation of a provision of ORS 632.835 to 632.850.
(3)
The department shall inspect at reasonable times commercial farms engaged in
the production of eggs for the purpose of enforcing the provisions of ORS
632.835 to 632.850.
(4)
The department may fix, assess and collect, or cause to be collected, from
commercial farm owners or operators fees for the inspections performed by
employees or agents of the department under subsection (3) of this section. The
fees must have a uniform basis and must be in an amount reasonably necessary to
cover the costs of the inspections and related administrative duties under ORS
632.835 to 632.850. The department shall adjust the fees under this subsection
to meet any expenses necessary to carry out subsection (3) of this section and
may prescribe a different fee scale for different localities. The department
may prescribe a reasonable charge to be paid by commercial farm owners or
operators for travel expenses and other related services if inspections under
this section involve unusual cost to the department. Moneys from fees and
charges collected by the department under this subsection must be deposited in
the Department of Agriculture Service Fund and are continuously appropriated to
the department to be used for the purpose of enforcing ORS 632.835 to 632.850.
(5)(a)
Upon renewal of an egg handler’s license described in ORS 632.715 or a
commercial egg breaker’s permit described in ORS 632.730, a commercial farm
owner or operator that is engaged in the commercial production of eggs in this
state shall provide the department with a business plan describing the manner
by which the commercial farm intends to comply with the rules adopted pursuant
to the amendments to this section by section 9, chapter 436, Oregon Laws 2011.
Notwithstanding ORS 192.501 or 192.502, the business plan is a public record
subject to full disclosure.
(b)
The department shall report annually to the Legislative Assembly on the rate at
which commercial farm owners or operators that are engaged in the commercial
production of eggs in this state are complying with the business plans
submitted to the department under paragraph (a) of this subsection.
Note 2: The
amendments to 632.840 by section 7, chapter 436, Oregon Laws 2011, become
operative January 1, 2017. See section 8, chapter 436, Oregon Laws 2011. The
text that is operative from January 1, 2017, until January 1, 2026, is set
forth for the user’s convenience.
632.840. (1)
The State Department of Agriculture shall adopt rules regulating the manner in
which egg-laying hens may be confined in an enclosure for purposes of ORS
632.835 to 632.850. The rules must:
(a)
Be designed to promote humane welfare standards;
(b)
Be effective in protecting consumers from food-borne pathogens;
(c)
Require that enclosures constructed or otherwise acquired before January 1,
2012, meet standards equivalent to the requirements for certification
established in the United Egg Producers’ Animal Husbandry Guidelines for U.S.
Egg Laying Flocks; and
(d)
Require that enclosures constructed or otherwise acquired on or after January
1, 2012, meet standards equivalent to the requirements for certification of
enriched colony facility systems established in the American Humane Association’s
farm animal welfare certification program. In no event may the rules authorize
confining an egg-laying hen in an enclosure that provides less than 116.3
square inches of individually usable floor space per hen.
(2)
The department may impose a civil penalty pursuant to ORS 183.745, not to
exceed $2,500, for violation of a provision of ORS 632.835 to 632.850.
(3)
The department shall inspect at reasonable times commercial farms engaged in
the production of eggs for the purpose of enforcing the provisions of ORS
632.835 to 632.850.
(4)
The department may fix, assess and collect, or cause to be collected, from
commercial farm owners or operators fees for the inspections performed by
employees or agents of the department under subsection (3) of this section. The
fees must have a uniform basis and must be in an amount reasonably necessary to
cover the costs of the inspections and related administrative duties under ORS
632.835 to 632.850. The department shall adjust the fees under this subsection
to meet any expenses necessary to carry out subsection (3) of this section and
may prescribe a different fee scale for different localities. The department
may prescribe a reasonable charge to be paid by commercial farm owners or
operators for travel expenses and other related services if inspections under
this section involve unusual cost to the department. Moneys from fees and
charges collected by the department under this subsection must be deposited in
the Department of Agriculture Service Fund and are continuously appropriated to
the department to be used for the purpose of enforcing ORS 632.835 to 632.850.
(5)(a)
Upon renewal of an egg handler’s license described in ORS 632.715 or a
commercial egg breaker’s permit described in ORS 632.730, a commercial farm
owner or operator that is engaged in the commercial production of eggs in this
state shall provide the department with a business plan describing the manner
by which the commercial farm intends to comply with the aspirational goals
established by the Legislative Assembly in section 8a, chapter 436, Oregon Laws
2011, and the rules adopted pursuant to the amendments to this section by
section 9, chapter 436, Oregon Laws 2011. Notwithstanding ORS 192.501 or
192.502, the business plan is a public record subject to full disclosure.
(b)
The department shall report annually to the Legislative Assembly on the rate at
which commercial farm owners or operators that are engaged in the commercial
production of eggs in this state are complying with the business plans
submitted to the department under paragraph (a) of this subsection.
Note 3: The
amendments to 632.840 by section 9, chapter 436, Oregon Laws 2011, become
operative January 1, 2026. See section 10, chapter 436, Oregon Laws 2011. The
text that is operative on and after January 1, 2026, is set forth for the user’s
convenience.
632.840. (1)
The State Department of Agriculture shall adopt rules regulating the manner in
which egg-laying hens may be confined in an enclosure for purposes of ORS
632.835 to 632.850. The rules must:
(a)
Be designed to promote humane welfare standards;
(b)
Be effective in protecting consumers from food-borne pathogens; and
(c)
Require that enclosures meet standards equivalent to the requirements for
certification of enriched colony facility systems established in the American
Humane Association’s farm animal welfare certification program. In no event may
the rules authorize confining an egg-laying hen in an enclosure that provides
less than 116.3 square inches of individually usable floor space per hen.
(2)
The department may impose a civil penalty pursuant to ORS 183.745, not to
exceed $2,500, for violation of a provision of ORS 632.835 to 632.850.
(3)
The department shall inspect at reasonable times commercial farms engaged in
the production of eggs for the purpose of enforcing the provisions of ORS
632.835 to 632.850.
(4)
The department may fix, assess and collect, or cause to be collected, from
commercial farm owners or operators fees for the inspections performed by
employees or agents of the department under subsection (3) of this section. The
fees must have a uniform basis and must be in an amount reasonably necessary to
cover the costs of the inspections and related administrative duties under ORS
632.835 to 632.850. The department shall adjust the fees under this subsection
to meet any expenses necessary to carry out subsection (3) of this section and
may prescribe a different fee scale for different localities. The department
may prescribe a reasonable charge to be paid by commercial farm owners or
operators for travel expenses and other related services if inspections under
this section involve unusual cost to the department. Moneys from fees and
charges collected by the department under this subsection must be deposited in
the Department of Agriculture Service Fund and are continuously appropriated to
the department to be used for the purpose of enforcing ORS 632.835 to 632.850.
Note 4:
Sections 8a and 8b, chapter 436, Oregon Laws 2011, provide:
Sec. 8a. The
Legislative Assembly finds and declares that, in order to successfully comply
with the rules adopted pursuant to section 4 of this 2011 Act [632.840], as
amended by section 9 of this 2011 Act, no less than 25 percent of the
enclosures used to confine egg-laying hens should, no later than January 1,
2020, meet standards equivalent to the requirements for certification of
enriched colony facility systems established in the American Humane Association’s
farm animal welfare program, as described in the rules adopted by the State
Department of Agriculture under section 4 of this 2011 Act. [2011 c.436 §8a]
Sec. 8b.
Section 8a of this 2011 Act becomes operative on January 1, 2017. [2011 c.436 §8b]
Note 5: The
amendments to section 8a, chapter 436, Oregon Laws 2011, by section 8c, chapter
436, Oregon Laws 2011, become operative January 1, 2020. See section 8d, chapter
436, Oregon Laws 2011. The text that is operative on and after January 1, 2020,
is set forth for the user’s convenience.
Sec. 8a. The
Legislative Assembly finds and declares that, in order to successfully comply
with the rules adopted pursuant to section 4 of this 2011 Act [632.840], as
amended by section 9 of this 2011 Act, no less than 65 percent of the
enclosures used to confine egg-laying hens should, no later than January 1,
2023, meet standards equivalent to the requirements for certification of
enriched colony facility systems established in the American Humane Association’s
farm animal welfare program, as described in the rules adopted by the State
Department of Agriculture under section 4 of this 2011 Act.
Note 6:
Section 10a, chapter 436, Oregon Laws 2011, provides:
Sec. 10a.
Section 8a of this 2011 Act is repealed on January 1, 2026. [2011 c.436 §10a]
632.845 Prohibition against improper confinement
of egg-laying hen. A commercial farm owner or
operator may not confine an egg-laying hen in an enclosure that fails to comply
with the rules adopted by the State Department of Agriculture under ORS
632.840. [2011 c.436 §2]
632.850 Prohibition against selling
products of improperly confined egg-laying hen.
A person may not sell eggs or egg products that the person knows, or reasonably
should know, are the product of an egg-laying hen that has been confined,
during the production of the eggs, in an enclosure that fails to comply with
the rules adopted by the State Department of Agriculture under ORS 632.840. [2011
c.436 §3]
GRADES, STANDARDS, INSPECTION AND
CLASSIFICATION OF HORTICULTURAL AND AGRICULTURAL PRODUCTS
632.900 “Horticultural and agricultural
products” defined. As used in ORS 632.900 to
632.940 and 632.955 to 632.980, “horticultural and agricultural products”:
(1)
Includes articles of food, drinks, dairy products, forage products, livestock
products, poultry products, apiary products, vermiculture products, nursery
stock as defined in ORS 571.005 and seeds, bulbs and tubers that are not
nursery stock, grown or produced in this state.
(2)
Does not include bakery products and alcoholic liquors. [Formerly 616.405; 1983
c.730 §5; 1997 c.460 §2; 2001 c.104 §246; 2003 c.602 §3; 2005 c.657 §7]
632.905 Grades and standards for horticultural
and agricultural products and containers; rules.
In order to promote, protect, further and develop the agricultural industry of
this state the State Department of Agriculture may adopt by rule official
standards for grading and classifying any or all horticultural and agricultural
products and official standards for containers of such products and may change
any of such grades and standards from time to time. The grades and standards
adopted by the department shall be in conformance to any and all laws of this
state providing special grades or standards for any of such products or
containers. With respect to canned goods, the department is empowered to adopt
only definitions and standards of identity, quality and fill of containers.
Unless modified, altered or revoked, grades and standards in force on February
2, 1939, shall continue to be official as though adopted under ORS 632.900 to
632.940 and 632.955 to 632.980. [Formerly 616.410; 1979 c.91 §3]
632.910 Factors to be considered in
establishing grades, standards or classifications.
(1) In establishing, under any law of this state, any grades, standards or
classifications for any horticultural or agricultural products, the State
Department of Agriculture, in addition to other factors as may be specified by
law, shall take into account and base the grades, standards or classifications
upon the following factors that are applicable to the product involved:
(a)
Degree of maturity;
(b)
Size, measured by dimensions or weight;
(c)
Degree of freshness, as determined by physical examination or chemical test or
analysis;
(d)
Moisture content;
(e)
Uniformity;
(f)
Color;
(g)
Firmness;
(h)
Tenderness;
(i)
Freedom from injury;
(j)
Freedom from insect pests;
(k)
Diseases;
(L)
Appearance;
(m)
Freedom from mixture with other varieties;
(n)
Freedom from noxious weeds or weed seeds;
(o)
Freedom from decay;
(p)
Conformation;
(q)
Soundness;
(r)
Varietal characteristics or type;
(s)
Number of specimens per pound;
(t)
Nature of pack;
(u)
Presence of dirt or other foreign material;
(v)
Condition as to temperature and extent to which the product is hot or heating
or is in a sour condition;
(w)
Extent to which commodity is satisfactory for human or other consumption or
use, as the case may be;
(x)
Extent to which the product has been affected by handling or treatment;
(y)
Extent to which the product has a commercially objectionable odor or flavor;
and
(z)
Other factors indicative of quality or condition, and the value or suitability
of the commodity involved for the commercial or other use to be made thereof.
(2)
In addition, the department shall take into account any grades, standards or
classifications for a product established by the United States Department of
Agriculture and also applicable federal grades and standards laws. [Formerly
616.415; 1997 c.460 §3; 2003 c.14 §380]
632.915 Consideration of commercial or
other use; change of grades, standards or classifications.
The factors that the State Department of Agriculture must consider in establishing
grades, standards or classifications for a horticultural or agricultural
product, or processes used in connection with a horticultural or agricultural
product, apply to the extent and in the manner that those factors relate to the
quality, quantity and condition of that product and the value and suitability
of the product for the commercial or other use to which the product normally is
put. The department may change the grades, standards or classifications
established by the department to:
(1)
Conform more nearly to commercial or trade requirements, practices or methods;
(2)
Meet changed conditions;
(3)
Comply with new and improved methods of handling, processing, packing,
transporting, marketing or using the product involved;
(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 of the product for its normal use; and
(5)
Comply with new methods of controlling insect pests and diseases. [Formerly
616.420; 2003 c.602 §4]
632.918 Classifications and standards for
certified horticultural and agricultural processes; rules.
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. [2003 c.602 §2]
Note:
632.918 was added to and made a part of 632.900 to 632.935 by legislative
action but was not added to any other series. See Preface to Oregon Revised
Statutes for further explanation.
632.920 Compliance with Administrative
Procedures Act. The State Department of
Agriculture shall comply with the requirements of ORS chapter 183 in adopting
standards under ORS 632.905 or any alterations or modifications to such
standards. [Formerly 616.425; 1979 c.91 §4]
632.925
[Formerly 616.430; repealed by 1979 c.91 §6]
632.930
[Formerly 616.435; repealed by 1979 c.91 §6]
632.935 Adoption of United States
standards; cooperation with United States. The
State Department of Agriculture may establish as the official standard for this
state for any horticultural or agricultural product or container, any standard
which may have been promulgated or announced therefor under the authority of
the Congress of the United States, and the department is authorized to cooperate
with the United States, or any department thereof, in accomplishing the matters
and things provided for in ORS 632.900 to 632.940 and 632.955 to 632.980. [Formerly
616.440; 1979 c.91 §5]
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, 632.425, 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, 632.425, 632.600 and
632.945. [Formerly 616.445; 1979 c.499 §29; 1997 c.410 §3; 2003 c.602 §5]
632.945 Procedure for department
inspection and classification; collection of costs; fees.
(1) Under such conditions as the State Department of Agriculture may prescribe
by rule, the department, through any competent employee or agent, shall inspect
or classify produce in accordance with standards specified in the written
agreement between the grower and the handler for sale of the produce. The
methods and procedures for inspection or classification of produce shall be in
accordance with such rules as the department may prescribe.
(2)
The department shall ascertain and certify to the parties to the written
agreement the grade, classification, quality, condition or amount of the
produce and any other pertinent facts relating to such produce that a party to
the written agreement may request.
(3)
The department may fix, assess and collect or cause to be collected from the
handler, fees for such services in the manner and to the extent provided by ORS
632.940. All such fees are continuously appropriated to the department for the
enforcement of ORS 632.940 to 632.980.
(4)
As used in this section:
(a)
“Grower” means any person engaged in the business of growing or producing any
produce in this state and includes any cooperative organization composed
exclusively of growers and handling exclusively the produce of its own members
and operating under and by virtue of the laws of this state or of any other
state or of the United States.
(b)
“Handler” means a person or the agent of the person who processes produce the
person has purchased or otherwise acquired in this state from a grower.
(c)
“Produce” means any fruit or vegetable grown or produced by a grower and of
which total sales by growers to handlers for the previous growing season
totaled more than $1 million. The department shall determine and verify the
application of this defined term, and the total sales value herein specified,
and for this purpose shall be authorized to inspect books and records and
require reports. [1973 c.587 §3]
632.950 Termination of department
inspection activities by grower vote; election procedure; costs.
At any time before or after the State Department of Agriculture is conducting
the inspection and classification of a particular fruit or vegetable at a
particular plant of a handler, if 51 percent of the growers who produce 60
percent or more of that product vote against the department inspection and
classification of that particular product, the department shall not inaugurate
such inspection, or if already inspecting shall terminate such inspections. To
have such an election 20 percent of the growers shipping that product to the
handler shall petition the department. If the department finds the petition in
order it shall conduct an election. The costs of the election and the method
and time of voting shall be specified by the department and the petitioners for
such election shall pay such costs prior to any vote. Once an election has been
held to reject inspection no new election either to require inspection or to
reject inspection shall be held in less than one year following the previous
election. All subsequent elections shall require the same percentage of
petitioners for the election and the same percentage vote of growers and volume
of product as provided in this section. The costs of all elections shall be
assessed to the petitioners for each election and shall be paid to the
department prior to such election. [1973 c.587 §4]
632.955 Investigation of complaint of
purchaser’s misrepresentation of product; inspection and classification of
products received by purchaser. Upon
complaint of any person to the State Department of Agriculture that the grade,
classification, quality, condition or amount of any horticultural or
agricultural product is being misrepresented by the purchaser thereof, or that
the grades are not being made by the purchaser in accordance with the purchase
agreement, the department shall investigate such complaint and, when in its
opinion such complaint is justified, shall order such purchaser so
misrepresenting to cease and desist from such practices in addition to the
other provisions of ORS 632.900 to 632.940 and 632.955 to 632.980. Upon failure
of the purchaser to so cease and desist from such practices, the department
shall designate its agent to inspect and classify all such products received by
such purchaser, the cost of such service to be fixed, assessed and collected
from such purchaser as provided in ORS 632.940. This section does not apply to
a cooperative association nor to a person deriving the major livelihood of the
person from a farm or orchard which the person operates either as owner or
renter. [Formerly 616.450]
632.960 Appeal to department for
classification; fee. Whenever any quantity of any
horticultural or agricultural product has been inspected under ORS 632.940 and
632.955 to 632.980 and a question arises as to whether the certificate issued
therefor shows the true grade, classification, quality or condition of such
product, any interested person, subject to such regulations as the State Department
of Agriculture may prescribe, may appeal the question to the department. The
department is authorized to cause such investigation to be made and such tests
to be applied as it may deem necessary and to determine and issue a finding as
to the true grade or classification of the product or the quality or condition
thereof. Whenever any appeal is taken to the department under this section it
shall charge and assess and collect, or cause to be collected, a reasonable
fee, to be fixed by it, which shall be refunded if the appeal is sustained. [Formerly
616.455]
632.965 Certificate of grade,
classification, quality or condition as prima facie evidence.
A certificate, when not superseded by a finding on appeal, or a finding on
appeal of the grade, classification, quality or condition of any horticultural
or agricultural product, issued under ORS 632.900 to 632.940 and 632.955 to
632.980 and all certificates issued under authority of the Congress of the
United States relating to the grade, classification, quality or condition of
horticultural or agricultural products shall be accepted in any court of this
state as prima facie evidence of the true grade, classification, condition or
quality of the horticultural or agricultural products at the time of its inspection.
[Formerly 616.460]
632.970 Misrepresentation of grades and
standards for horticultural or agricultural products; improper use of insignia
indicating grade. If any quantity of any
horticultural or agricultural product has been inspected and a certificate
issued under ORS 632.900 to 632.940 and 632.955 to 632.980 showing the grade,
classification, quality or condition thereof, no person shall represent that
the grade, classification, quality or condition of the product at the time and
place of the inspection was other than as shown by the certificate. Whenever
any standard for the grading or classification of any horticultural or
agricultural product becomes effective under ORS 632.900 to 632.940 and 632.955
to 632.980, and any word or words, figure or letter, has been adopted by the
State Department of Agriculture to indicate the grade or quality of the
horticultural or agricultural product contained in any container or package, no
person, firm or corporation shall use any of such words, letters or figures, in
connection with any container or package, to represent the grade or quality of
the horticultural or agricultural product contained therein, to be sold or
offered for sale, if such product does not meet the requirements of the grade
indicated by the marking. [Formerly 616.465]
632.975 Use of containers not conforming
to standard. Whenever any standard for a container
for any horticultural or agricultural product becomes effective under ORS
632.900 to 632.940 and 632.955 to 632.980, no person thereafter shall pack or
place for sale, offer for sale, consign for sale or sell and deliver, in a
container, any such horticultural or agricultural product to which the standard
is applicable, unless the container conforms to the standard, subject to such
variations therefrom as may be allowed by law or by rules and regulations made
pursuant to law, unless such product is brought from outside the state and
offered for sale, consigned for sale, or sold in the original package which is
a standard package in the state of origin. This section does not apply to
horticultural or agricultural products packed for and sold as gift packages,
and shipped in containers, the specifications of which, or a sample of which,
have been submitted to and approved by the State Department of Agriculture. [Formerly
616.470]
632.980 Improper grading and incorrect
certificates prohibited. No person shall, under ORS
632.900 to 632.940 and 632.955 to 632.980, knowingly inspect, grade or classify
improperly any horticultural or agricultural product or knowingly give any
incorrect certificate of grade, classification, quality or condition. [Formerly
616.475]
632.985 Submitting hay, grain or potatoes
to inspection. (1) No operator or person in charge of
any motor vehicle shall transport on the streets or highways of this state, any
hay, grain or potatoes, of which inspection is required by law, out of, into or
through any inspection district, so designated by the State Department of
Agriculture, or out of, into or through any city which has been declared an
inspection point, unless the operator or person has given notice by mail or in
person to the nearest office or inspector of the department, that such products
or any thereof are available for inspection as required by law.
(2)
Every person receiving any shipment, load or lot of such products, which has
not been inspected, for the purpose of sale or storage in such quantities and
in such places as would require inspection, shall give notice within 24 hours
by mail or in person, to the nearest office or inspector of the department that
the products have been received and are being held for inspection. [Formerly
616.480]
PENALTIES
632.990 Criminal penalties.
(1) Violation of ORS 632.216 or 632.226 is a Class C misdemeanor.
(2)
Violation of any provision of ORS 632.275 to 632.290 or of any rule adopted
under ORS 632.275 to 632.290 is a Class B misdemeanor for a first offense, and
a Class A misdemeanor for a second or subsequent offense.
(3)
Violation of any provision of ORS 632.410 to 632.430 is a Class D violation.
(4)
Violation of any provision of ORS 632.450 to 632.490 or of any rule adopted
under ORS 632.450 to 632.490 is a Class B misdemeanor for a first offense, and
a Class A misdemeanor for a second or subsequent offense.
(5)
Violation of ORS 632.625 is a Class C misdemeanor.
(6)
Violation of any provision of ORS 632.705 to 632.815 is a Class D violation for
a first offense, and a Class B violation for a second or subsequent offense.
(7)
Violation of any provision of ORS 632.900 to 632.985 or of any rule adopted
under ORS 632.900 to 632.985 is a Class B misdemeanor for a first offense, and
a Class A misdemeanor for a second or subsequent offense. [Amended by 1955
c.363 §13; 1955 c.711 §15; subsection (2) of 1955 Replacement Part enacted as
1955 c.363 §15; subsection (3) enacted as 1955 c.711 §16; 1975 c.748 §18a; 1997
c.410 §4; 1999 c.1051 §212; 2003 c.14 §381; 2009 c.175 §2; 2011 c.597 §255]
632.995 Civil penalties; rules; hearing;
disposition of moneys. (1) In addition to any penalty
available under ORS 561.190 or 632.990, the State Department of Agriculture may
impose a civil penalty for a violation of ORS 632.216, 632.226, 632.275 to
632.290, 632.410 to 632.430, 632.450 to 632.490, 632.625, 632.705 to 632.815 or
632.900 to 632.985 or of rules adopted under ORS 632.216, 632.226, 632.275 to
632.290, 632.410 to 632.430, 632.450 to 632.490, 632.625, 632.705 to 632.815 or
632.900 to 632.985. For the purposes of this section, each day a violation
continues after the period of time established for compliance shall be
considered a separate violation unless the department finds that a different
period of time is more appropriate to describe a specific violation event.
(2)
The department may adopt rules establishing a schedule of civil penalties that
may be imposed under this section. Civil penalties imposed under this section
may not exceed $10,000 for each violation.
(3)
When the department imposes a civil penalty under subsection (1) of this
section, the department shall impose the penalty in the manner provided by ORS
183.745, except that the written application for a hearing must be received by
the department no later than 10 days after the date of mailing or personal
service of the notice of civil penalty.
(4)
Moneys received by the department from civil penalties imposed under this
section shall be deposited in the General Fund to the credit of the Department
of Agriculture Account. [2009 c.175 §24]
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