There is a newer version of the Oregon Revised Statutes
2011 Oregon Revised Statutes
ORS Volume 13, Chapters 536 - 644
ORS Chapter 632
- 632.005 [Amended by 1959 c.633 2; 1961 c.655 1; repealed by 1965 c.582 24]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- 632.010 [Repealed by 1965 c.582 24]
- 632.015 [Amended by 1959 c.633 3; repealed by 1965 c.582 24]
- 632.020 [Amended by 1959 c.633 4; repealed by 1965 c.582 24]
- 632.025 [Repealed by 1965 c.582 24]
- 632.030 [Repealed by 1965 c.582 24]
- 632.035 [Amended by 1959 c.633 5; 1961 c.655 3; repealed by 1965 c.582 24]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- 632.045 [Amended by 1961 c.425 16; repealed by 1965 c.582 24]
- 632.050 [Amended by 1959 c.633 6; repealed by 1965 c.582 24]
- 632.055 [Repealed by 1965 c.582 24]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- 632.065 [Repealed by 1965 c.582 24]
- 632.067 [1959 c.633 9; 1961 c.655 4; repealed by 1965 c.582 24]
- 632.070 [Repealed by 1965 c.582 24]
- 632.075 [Repealed by 1965 c.582 24]
- 632.080 [Repealed by 1965 c.582 24]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- 632.090 [Amended by 1955 c.91 1; 1959 c.633 7; repealed by 1965 c.582 24]
- 632.092 [1959 c.633 8; repealed by 1965 c.582 24]
- 632.095 [Repealed by 1965 c.582 24]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- 632.098 [1961 c.655 8; repealed by 1965 c.582 24]
- 632.100 [Subsection (2) of 1961 Replacement Part enacted as 1961 c.655 9; repealed by 1965 c.582 24]
- 632.105 [Repealed by 1965 c.582 24]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- 632.115 [Repealed by 1965 c.582 24]
- 632.120 [Repealed by 1965 c.582 24]
- 632.125 [Repealed by 1965 c.582 24]
- 632.205 [Repealed by 1955 c.363 16] ONIONS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.
- 632.210 [Repealed by 1955 c.363 16]
- 632.211 Establishment of grades and standards; grading and inspection fee.
- 632.215 [Repealed by 1955 c.363 16]
- 632.216 Certificate of grade required before sale or transportation of onions; exceptions.
- 632.220 [Repealed by 1955 c.363 16]
- 632.221 Only one inspection of each load or lot.
- 632.225 [Repealed by 1955 c.363 16]
- 632.226 Labeling.
- 632.230 [Repealed by 1955 c.363 16]
- 632.231 Sale of unlabeled onions.
- 632.235 [Repealed by 1955 c.363 16]
- 632.236 Transportation of unlabeled onions.
- 632.240 [Repealed by 1955 c.363 16]
- 632.241 Transportation permits; fee.
- 632.245 [Repealed by 1955 c.363 16]
- 632.246 Seizure of unlawful onions.
- 632.250 [Repealed by 1955 c.363 16]
- 632.251 Access to premises or vehicle for inspection purposes.
- 632.255 [1955 c.363 11; repealed by 1965 c.276 2]
- 632.260 Defendant in prosecution to plead any exemption.
- 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.
- 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.
- 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.
- 632.435 [Repealed by 1965 c.276 2]
- 632.440 Injunction.
- 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.
- 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.
- 632.520 [Repealed by 1955 c.239 8]
- 632.521 Grades and standards established by repealed statute; continued in effect until superseded.
- 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.
- 632.590 Labeling.
- 632.595 Containers.
- 632.600 Inspection districts; inspection, reinspection and fees.
- 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.
- 632.615 Enforcement; inspection certificate as evidence; rules.
- 632.620 [Amended by 2009 c.175 23; repealed by 2011 c.597 309]
- 632.625 Violation of walnut and filbert law prohibited.
- 632.705 Definitions for ORS 632.705 to 632.815.
- 632.710 [Formerly 632.007; repealed by 1975 c.748 19]
- 632.715 Egg handler s license.
- 632.720 Fee.
- 632.725 [1965 c.582 4; repealed by 1975 c.748 19]
- 632.730 Commercial egg breaker s permit; fee.
- 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.
- 632.745 When invoices required; exception; availability for inspection.
- 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.
- 632.760 [Formerly 632.097; repealed by 1975 c.748 10 (632.761 enacted in lieu of 632.760)]
- 632.761 Authority of department.
- 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.
- 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.
- 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.
- 632.812 [1967 c.250 1; repealed by 1975 c.748 19]
- 632.815 Disposition of fees.
- 632.835 Definitions for ORS 632.835 to 632.850.
- 632.840 Manner of confining egg-laying hen; business plan for compliance; rules; penalty.
- Note 1:
- 632.840. (1) The State Department of Agriculture shall adopt rules regulating the manner in which egg-laying hens may be confined in an enclosure for purposes of ORS 632.835 to 632.850. The rules must: (a) Be designed to promote humane welfare standards; (b) Be effective in protecting consumers from food-borne pathogens; (c) Require that enclosures constructed or otherwise acquired before January 1, 2012, meet standards equivalent to the requirements for certification established in the United Egg Producers Animal Husbandry Guidelines for U.S. Egg Laying Flocks; and (d) Require that enclosures constructed or otherwise acquired on or after January 1, 2012, meet, or be convertible into enclosures that meet, standards equivalent to the requirements for certification of enriched colony facility systems established in the American Humane Association s farm animal welfare certification program. (2) The department may impose a civil penalty pursuant to ORS 183.745, not to exceed $2,500, for violation of a provision of ORS 632.835 to 632.850. (3) The department shall inspect at reasonable times commercial farms engaged in the production of eggs for the purpose of enforcing the provisions of ORS 632.835 to 632.850. (4) The department may fix, assess and collect, or cause to be collected, from commercial farm owners or operators fees for the inspections performed by employees or agents of the department under subsection (3) of this section. The fees must have a uniform basis and must be in an amount reasonably necessary to cover the costs of the inspections and related administrative duties under ORS 632.835 to 632.850. The department shall adjust the fees under this subsection to meet any expenses necessary to carry out subsection (3) of this section and may prescribe a different fee scale for different localities. The department may prescribe a reasonable charge to be paid by commercial farm owners or operators for travel expenses and other related services if inspections under this section involve unusual cost to the department. Moneys from fees and charges collected by the department under this subsection must be deposited in the Department of Agriculture Service Fund and are continuously appropriated to the department to be used for the purpose of enforcing ORS 632.835 to 632.850. (5)(a) Upon renewal of an egg handler s license described in ORS 632.715 or a commercial egg breaker s permit described in ORS 632.730, a commercial farm owner or operator that is engaged in the commercial production of eggs in this state shall provide the department with a business plan describing the manner by which the commercial farm intends to comply with the rules adopted pursuant to the amendments to this section by section 9, chapter 436, Oregon Laws 2011. Notwithstanding ORS 192.501 or 192.502, the business plan is a public record subject to full disclosure. (b) The department shall report annually to the Legislative Assembly on the rate at which commercial farm owners or operators that are engaged in the commercial production of eggs in this state are complying with the business plans submitted to the department under paragraph (a) of this subsection.
- Note 2:
- 632.840. (1) The State Department of Agriculture shall adopt rules regulating the manner in which egg-laying hens may be confined in an enclosure for purposes of ORS 632.835 to 632.850. The rules must: (a) Be designed to promote humane welfare standards; (b) Be effective in protecting consumers from food-borne pathogens; (c) Require that enclosures constructed or otherwise acquired before January 1, 2012, meet standards equivalent to the requirements for certification established in the United Egg Producers Animal Husbandry Guidelines for U.S. Egg Laying Flocks; and (d) Require that enclosures constructed or otherwise acquired on or after January 1, 2012, meet standards equivalent to the requirements for certification of enriched colony facility systems established in the American Humane Association s farm animal welfare certification program. In no event may the rules authorize confining an egg-laying hen in an enclosure that provides less than 116.3 square inches of individually usable floor space per hen. (2) The department may impose a civil penalty pursuant to ORS 183.745, not to exceed $2,500, for violation of a provision of ORS 632.835 to 632.850. (3) The department shall inspect at reasonable times commercial farms engaged in the production of eggs for the purpose of enforcing the provisions of ORS 632.835 to 632.850. (4) The department may fix, assess and collect, or cause to be collected, from commercial farm owners or operators fees for the inspections performed by employees or agents of the department under subsection (3) of this section. The fees must have a uniform basis and must be in an amount reasonably necessary to cover the costs of the inspections and related administrative duties under ORS 632.835 to 632.850. The department shall adjust the fees under this subsection to meet any expenses necessary to carry out subsection (3) of this section and may prescribe a different fee scale for different localities. The department may prescribe a reasonable charge to be paid by commercial farm owners or operators for travel expenses and other related services if inspections under this section involve unusual cost to the department. Moneys from fees and charges collected by the department under this subsection must be deposited in the Department of Agriculture Service Fund and are continuously appropriated to the department to be used for the purpose of enforcing ORS 632.835 to 632.850. (5)(a) Upon renewal of an egg handler s license described in ORS 632.715 or a commercial egg breaker s permit described in ORS 632.730, a commercial farm owner or operator that is engaged in the commercial production of eggs in this state shall provide the department with a business plan describing the manner by which the commercial farm intends to comply with the aspirational goals established by the Legislative Assembly in section 8a, chapter 436, Oregon Laws 2011, and the rules adopted pursuant to the amendments to this section by section 9, chapter 436, Oregon Laws 2011. Notwithstanding ORS 192.501 or 192.502, the business plan is a public record subject to full disclosure. (b) The department shall report annually to the Legislative Assembly on the rate at which commercial farm owners or operators that are engaged in the commercial production of eggs in this state are complying with the business plans submitted to the department under paragraph (a) of this subsection.
- Note 3:
- 632.840. (1) The State Department of Agriculture shall adopt rules regulating the manner in which egg-laying hens may be confined in an enclosure for purposes of ORS 632.835 to 632.850. The rules must: (a) Be designed to promote humane welfare standards; (b) Be effective in protecting consumers from food-borne pathogens; and (c) Require that enclosures meet standards equivalent to the requirements for certification of enriched colony facility systems established in the American Humane Association s farm animal welfare certification program. In no event may the rules authorize confining an egg-laying hen in an enclosure that provides less than 116.3 square inches of individually usable floor space per hen. (2) The department may impose a civil penalty pursuant to ORS 183.745, not to exceed $2,500, for violation of a provision of ORS 632.835 to 632.850. (3) The department shall inspect at reasonable times commercial farms engaged in the production of eggs for the purpose of enforcing the provisions of ORS 632.835 to 632.850. (4) The department may fix, assess and collect, or cause to be collected, from commercial farm owners or operators fees for the inspections performed by employees or agents of the department under subsection (3) of this section. The fees must have a uniform basis and must be in an amount reasonably necessary to cover the costs of the inspections and related administrative duties under ORS 632.835 to 632.850. The department shall adjust the fees under this subsection to meet any expenses necessary to carry out subsection (3) of this section and may prescribe a different fee scale for different localities. The department may prescribe a reasonable charge to be paid by commercial farm owners or operators for travel expenses and other related services if inspections under this section involve unusual cost to the department. Moneys from fees and charges collected by the department under this subsection must be deposited in the Department of Agriculture Service Fund and are continuously appropriated to the department to be used for the purpose of enforcing ORS 632.835 to 632.850.
- Note 4:
- Sec. 8a.
- Sec. 8b.
- Note 5:
- Sec. 8a.
- Note 6:
- Sec. 10a.
- 632.845 Prohibition against improper confinement of egg-laying hen.
- 632.850 Prohibition against selling products of improperly confined egg-laying hen.
- 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.
- 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.
- 632.925 [Formerly 616.430; repealed by 1979 c.91 6]
- 632.930 [Formerly 616.435; repealed by 1979 c.91 6]
- 632.935 Adoption of United States standards; cooperation with United States.
- 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.
- 632.990 Criminal penalties.
- 632.995 Civil penalties; rules; hearing; disposition of moneys.
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