2007 Oregon Code - Chapter 632 :: Chapter 632 - Grades - Standards and Labels for Agricultural and Horticultural Products
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
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
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and standards established by repealed statute; continued in effect until
superseded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
handlers license
632.720 Fee
632.730 Commercial
egg breakers 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
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 purchasers 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
(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 owners 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 owners 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
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
Jurisdiction. Justice courts
have concurrent jurisdiction with the circuit court in all proceedings to
enforce the provisions of ORS 632.516 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 632.516 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)
(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)
(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 handlers 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 handlers license from the State Department of
Agriculture. The license shall not be required:
(a) Of a producer selling and delivering
eggs of the producers 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 handlers 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 handlers
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 handlers
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 breakers 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
(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]
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
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 purchasers 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
Penalties. (1) Violation of
any provision of ORS 632.705 to 632.815 is punishable, upon conviction, by a
fine of not less than $10 nor more than $100 for the first offense, and for
each subsequent offense by a fine of not less than $25 nor more than $200.
(2) Violation of ORS 632.216 or 632.226 is
punishable, upon conviction, by a fine of not less than $10 nor more than $100
or by imprisonment in the county jail for not less than 10 nor more than 30
days, or both.
(3) Violation of any provision of ORS
632.410 to 632.430 is a Class D violation.
(4) Violation of ORS 632.625 is
punishable, upon conviction, by a fine of not less than $10 nor more than $100,
or by imprisonment in the county jail for not less than 10 nor more than 30
days, or both.
(5) Violation of any provision of ORS
632.275 to 632.290, 632.450 to 632.490 and 632.900 to 632.985 or of any rule
promulgated pursuant thereto is punishable as provided in ORS 616.992. [Amended
by 1955 c.363 §13; 1955 c.711 §15; subsection (2) 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]
_______________
Disclaimer: These codes may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
