US Laws, Codes, Statutes & Cases

Chapter 632 — Grades, Standards and Labels for Agricultural and Horticultural Products

 

2005 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

 

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

 

632.405     Definitions for ORS 632.405 to 632.440

 

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

 

632.505     Definitions for ORS 632.505 to 632.625

 

632.516     Establishment of grades and standards

 

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

 

632.620     Jurisdiction

 

632.625     Violation of walnut and filbert law prohibited

 

EGGS

 

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

 

GRADES, STANDARDS, INSPECTION AND CLASSIFICATION OF

HORTICULTURAL AND AGRICULTURAL PRODUCTS

 

632.900     “Horticultural and agricultural products” defined

 

632.905     State Department of Agriculture to fix grades and standards for horticultural and agricultural products and containers

 

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

 

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

 

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     Penalties

 

      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. (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 Definitions for ORS 632.405 to 632.440. As used in ORS 632.405 to 632.440, “department” means the State Department of Agriculture.

 

      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 632.405 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 632.405 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 632.405 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 632.405 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 632.405 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 Definitions for ORS 632.505 to 632.625. As used in ORS 632.505 to 632.625, “department” means the State Department of Agriculture.

 

      632.510 [Repealed by 1955 c.239 §8]

 

      632.515 [Repealed by 1955 c.239 §8]

 

      632.516 Establishment of grades and standards. 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 department, 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 State Department of Agriculture. Containers for lower grades shall be clean, fairly bright and sound. [Amended by 1955 c.239 §6]

 

      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 632.505 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 632.505 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 632.505 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 632.505 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 632.505 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 Jurisdiction. Justice courts have concurrent jurisdiction with the circuit court in all proceedings to enforce the provisions of ORS 632.505 to 632.625.

 

      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 632.505 to 632.625, or the rules or regulations established under such sections.

 

EGGS

 

      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. 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]

 

      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, and 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]

 

      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: