US Laws, Codes, Statutes & Cases

Chapter 632 — Grades, Standards and Labels for

Agricultural and Horticultural Products

 

2007 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632.521     Grades and standards established by repealed statute; continued in effect until superseded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

 

632.620     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     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     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; 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