As used in this chapter:
(1) “Dealer” means every person or peddler engaged in the business
of growing, harvesting, processing or distributing shellfish for human
consumption.
(2) “Department” means the State Department of Agriculture.
(3) “Peddler” means every person who on the person’s own behalf or
as the agent of another goes from place to place, or house to house,
carrying or offering shellfish for sale.
(4) “Person” includes city, county and state as well as those
included within the definition of person in ORS 174.100.
(5) “Shellfish” means:
(a) All edible species of oysters, either shucked or in the shell,
fresh or frozen, whole or in part and intended for human consumption.
(b) All edible species of clams, either shucked or in the shell,
fresh or frozen, whole or in part and intended for human consumption.
(c) All edible species of mussels, either shucked or in the shell,
fresh or frozen, whole or in part and intended for human consumption.
(d) All edible species of scallops, either shucked or in the shell,
fresh or frozen, whole or in part, except when the final product is the
shucked adductor muscle only, and intended for human consumption. [1955
c.331 §1; 1969 c.283 §1; 1973 c.508 §1; 1993 c.720 §6; 1995 c.25 §1]
No person shall act as a dealer without the certificate or certificates
of shellfish sanitation issued by the State Department of Agriculture.
[1955 c.331 §3; 1973 c.508 §2] This chapter shall not affect the following:
(1) Retail stores selling to the ultimate consumer.
(2) Operations subject to ORS chapters 616, 619, 621, 625, ORS
624.010 to 624.120, 632.275 to 632.290, 632.450 to 632.490 and 632.900 to
632.985 and to the rules pursuant thereto.
(3) Out-of-state dealers operating under a state shellfish program
indorsed by the United States Public Health Service. [1955 c.331 §6; 1957
c.66 §1; 1969 c.283 §2; 1973 c.508 §1a; 1983 c.160 §5; 1995 c.206 §2] A
certificate of shellfish sanitation shall specify the area of operation
to which it applies. A separate certificate validated for each area of
operation as defined by ORS 622.080 and the State Department of
Agriculture rules made under this chapter is required. [1955 c.331 §7(3);
1973 c.508 §3](1) A dealer shall make application to the State Department of
Agriculture for a certificate or certificates of shellfish sanitation.
The application shall be accompanied by the required fee or fees.
(2) The department shall issue the initial certificate or
certificates of shellfish sanitation, if on inspection the department
finds that the dealer has complied with all the provisions of this
chapter and the rules of the department under this chapter.
(3) Every certificate of shellfish sanitation shall expire on
December 31, following the date of issue. Any certificate of shellfish
sanitation may be renewed on payment of the required fee. Inspection is
not a condition precedent for renewal, but an inspection shall be made at
some time within the renewal year. [1955 c.331 §7(1),(2),(4); 1973 c.508
§4]
(1) The State Department of Agriculture may suspend, deny or revoke any
certificate of shellfish sanitation issued under this section for
violation of any applicable provisions of ORS 622.010 to 622.180 or any
rule promulgated under ORS 622.180.
(2) Procedures for denial, revocation or suspension of a
certificate shall be as provided in ORS chapter 183. [1973 c.508 §6
(enacted in lieu of 622.060 and 622.070)] (1)(a) Persons engaged in the
growing, production, harvesting or distribution of shellfish who receive
from such operations not more than $60,000 in annual gross income shall
pay the following annual fees to the State Department of Agriculture:
(A) One hundred fifty dollars for a certificate of shellfish
sanitation as a shucker-packer, for a person operating a shellfish
shucking, packing or repacking plant for the distribution of shellfish.
(B) One hundred dollars for a certificate of shellfish sanitation
as a grower, for a person engaged in the business of growing shellfish.
(C) One hundred dollars for a certificate of shellfish sanitation
as a distributor, for any jobber or wholesaler who furnishes or sells
shellfish to retail outlets.
(D) Seventy-five dollars for a certificate of shellfish sanitation
as a commercial harvester, for any person harvesting clams or mussels for
commercial purposes.
(b) Notwithstanding the fees established in paragraph (a) of this
subsection, no commercial facility operating in one location shall pay
more than $250 in total annual fees to the department for any combination
of certificates issued under paragraph (a) of this subsection.
(2)(a) Persons engaged in the growing, production, harvesting or
distribution of shellfish who receive from such operations more than
$60,000 in annual gross income shall pay the following annual fees to the
department:
(A) Three hundred dollars for a certificate of shellfish sanitation
as a shucker-packer, for a person operating a shellfish shucking, packing
or repacking plant for the distribution of shellfish.
(B) Two hundred dollars for a certificate of shellfish sanitation
as a grower, for a person engaged in the business of growing shellfish.
(C) Two hundred twenty-five dollars for a certificate of shellfish
sanitation as a distributor, for any jobber or wholesaler who furnishes
or sells shellfish to retail outlets.
(D) Seventy-five dollars for a certificate of shellfish sanitation
as a commercial harvester, for any person harvesting clams or mussels for
commercial purposes.
(b) Notwithstanding the fees established in paragraph (a) of this
subsection, no commercial facility operating in one location shall pay
more than $500 in total annual fees to the department for any combination
of certificates issued under paragraph (a) of this subsection. [1955
c.331 §8; 1969 c.283 §3; 1973 c.508 §7; 1979 c.696 §10; 1993 c.720 §4]The moneys received under ORS 622.050
shall be paid into the State Treasury and placed to the credit of the
Department of Agriculture Service Fund. Such moneys hereby are
appropriated continuously and shall be used only for the administration
and enforcement of ORS 622.010 to 622.180. ORS 291.238 does not apply to
the expenditure of such moneys. [1955 c.331 §7(1); 1973 c.427 §12; 1993
c.720 §5] A certificate of shellfish
sanitation issued under this chapter is not transferable from one dealer
to another or from one area of operation to another. [1955 c.331 §7(6)] Every dealer shall display the
certificate of the dealer or certificates of shellfish sanitation in
accordance with the rules made under this chapter. [1955 c.331 §7(5);
1973 c.508 §8]
No dealer shall send or accept any shellfish without a signed statement
attached showing:
(1) The name of the consignor.
(2) The name of the consignee.
(3) The number of the consignor’s certificate of shellfish
sanitation issued at the point of origin and the date of harvesting or
packing, if the consignor is required by law to have a certificate of
shellfish sanitation.
(4) The source of the shellfish and the fact of certification of
the source by the State Department of Agriculture or certification by a
state whose shellfish program is indorsed by the United States Public
Health Service, if such certification is required by law. [1955 c.331 §4;
1973 c.508 §9] Any dealer who
gathers or receives shellfish from any source other than that designated
in the certificate or certificates of shellfish sanitation shall keep
accurate records of the amount and source of such shellfish, which
records shall be retained for at least 90 days. The State Department of
Agriculture shall have access to these records for inspection. [1955
c.331 §5; 1973 c.508 §10] The State
Department of Agriculture may contract with the Department of State
Police, using such funds as may be available therefor from fees paid to
the Department of Agriculture Service Fund pursuant to ORS 622.080, for
enforcement of the provisions of ORS 622.010 to 622.180. [1993 c.720 §7b]For the protection of the public health, the State
Department of Agriculture shall have the following powers and all powers
necessary and proper to insure sanitary conditions in the production and
distribution of shellfish:
(1) The department shall have power to make rules necessary to
enforce the provisions of this chapter. These rules shall at least
include the water quality of growing areas, quality of market shellfish,
water supply, sewage and waste disposal, drainage, plumbing, building
construction, boat and barge sanitation, the handling, storage,
construction and maintenance of equipment, lighting and ventilation,
insect and rodent control, garbage and refuse disposal, shell disposal,
cleanliness of premises, handling, storage and refrigeration of shellfish
and the marking of certificate numbers and dating codes on all
containers. The department also, by rule, may add to the definition of
shellfish, and subject to regulation under ORS 622.010 to 622.180, any
aquatic animals regulated as shellfish under the federal National
Shellfish Sanitation Program.
(2) The department shall have power:
(a) To inspect any dealer in every phase and locale of operation.
(b) To take samples of any shellfish for bacteriological and
toxicity study.
(c) To condemn or remove from sale and destroy any shellfish which
are unfit for human consumption, or are from an uncertified source, or
are improperly certified.
(d) To issue certificates of shellfish sanitation in accordance
with the provisions of this chapter. [1955 c.331 §2; 1973 c.508 §11; 1995
c.25 §2]OYSTERS, CLAMS AND MUSSELSAs used in ORS 622.210 to 622.360,
“department” means the State Department of Agriculture. [1981 c.638 §2;
1997 c.375 §1] (1) The commercial
cultivation of oysters, clams and mussels is declared to be an
agricultural activity subject to the regulatory authority of the State
Department of Agriculture. The State Fish and Wildlife Commission has
jurisdiction over all native oysters, clams and mussels in the waters of
this state, but not cultivated oysters, clams and mussels in plats. The
commission shall prescribe such rules for the protection of native
oysters, clams and mussels and for the taking of native oysters and
oyster spat shells subject to the commission’s jurisdiction as in the
judgment of the commission is for the best interests of the resource.
(2) It is unlawful for any person to take native oysters, clams and
mussels in violation of the rules adopted by the commission. [Formerly
509.425; 1997 c.375 §2; 2005 c.22 §436] All plats,
rights, claims and plantations, and leases lawfully held for such plats,
rights, claims and plantations that exist upon the passage of this 1969
Act shall be converted to plats, shall be filed with the State Department
of Agriculture by July 1, 1970, and shall:
(1) Include a legal description of the area applied for, specifying
its acreage.
(2) Be accompanied by a map sufficient to permit the area applied
for to be readily identified.
(3) Be accompanied by an application fee of $25 per plat. [Formerly
509.427; 2005 c.22 §437]Note: Legislative Counsel made no substitution in 622.230 for “the
passage of this 1969 Act.” The State Department of
Agriculture shall investigate and classify those state lands that are
suitable for oyster, clam or mussel cultivation. The department shall
consult with appropriate local, state and federal agencies to determine
whether lands proposed by an applicant for oyster, clam and mussel
cultivation are suitable for such shellfish cultivation. [Formerly
509.429; 1997 c.375 §3] (1) Applicants for
new oyster plats, in addition to submitting an application in compliance
with ORS 622.230 (1) and (2) and the submission of a fee of $250 per
plat, shall cause notice of the application to be published once a week
for two consecutive weeks in a newspaper of general circulation in each
county where any area applied for, or any part thereof, is located. The
notice must state the name of the applicant and the type of operation the
applicant proposes to conduct and must describe the area to be planted
with oysters.
(2) Not later than the 90th day after publication of the notice
referred to in subsection (1) of this section, and upon finding that the
notice complied with the requirements of subsection (1) of this section,
the State Department of Agriculture may grant to the applicant the area
applied for if the area is known to be available and if the department
has classified the area as suitable for oyster cultivation.
(3) If the application referred to in this section is denied, the
department shall provide the applicant with a written statement
explaining the reason for the denial.
(4) Any person who holds an oyster plantation claim or plat that
was in effect on June 1, 1997, may submit to the department an
application to cultivate clams or mussels on not more than 20 percent of
the lands subject to the claim or plat, but not less than one acre. Any
such application must be in compliance with ORS 622.230 (1) and (2) and
be accompanied by a fee of $250 for each such claim or plantation.
[Formerly 509.431; 1997 c.249 §189; 1997 c.375 §4; 2005 c.22 §438] The State Department of
Agriculture shall cause copies of the provisions of ORS 622.230 and
622.250 to be made available at the courthouse of each county in which an
applicant’s approved plat, or part thereof, is located. [Formerly 509.433] Any person cultivating oysters,
clams or mussels shall file an annual report with the State Department of
Agriculture before March 1 of each year showing the number of gallons,
bushels or dozens of each species of oysters, or the number of pounds of
each species of clams or mussels harvested by the person during the
preceding calendar year. The report shall be made on forms provided by
the department. [Formerly 509.436; 1997 c.375 §5] (1) If, for a period of
three years after the filing of a plat under chapter 675, Oregon Laws
1969, more than one-half the lands claimed are unproductive, the State
Department of Agriculture may withdraw from a claimant and consider
abandoned any portion of the unproductive lands claimed by such claimant.
However, the reason for such unproductiveness shall not include
restrictions by governmental health authorities, the unavailability of
seed or infestation by pest or disease.
(2) The department may withdraw from a claimant and consider
abandoned those lands:
(a) On which the claimant fails to pay the fees or use taxes
referred to in ORS 622.290, unless the department is satisfied that there
was reasonable cause for such failure.
(b) That are not marked in the manner provided by ORS 622.320.
(c) That are used or held for purposes other than oyster, clam or
mussel cultivation. [Formerly 509.439; 1997 c.375 §6] (1) Persons using state lands for
cultivating oysters, clams or mussels shall pay annual cultivation fees
and use taxes quarterly to the State Department of Agriculture. Fees and
taxes become delinquent 30 days after the end of the quarter.
(2) Use taxes shall be in the amount of 10 cents per gallon of
oysters if sold by the gallon, 10 cents per bushel of oysters if sold in
the shell by the bushel or one cent per dozen oysters if sold by the
dozen.
(3) Use taxes shall be in the amount of one-half cent per pound of
clams or mussels sold.
(4) The annual cultivation fee shall be in the amount of $4 for
each acre claimed pursuant to chapter 675, Oregon Laws 1969, or claimed
pursuant to a plat made subsequent thereto.
(5) Annual cultivation fees and use taxes shall be assessed in lieu
of property taxes, lease fees or rental charges for the use of lands upon
which oysters, clams or mussels are grown and harvested. [Formerly
509.441; 1997 c.375 §7; 2003 c.14 §374] All moneys received by the State
Department of Agriculture under ORS 622.290 shall be paid over to the
State Treasurer and deposited in the Department of Agriculture Service
Fund and be subject to ORS 561.144. All such moneys are appropriated
continuously to the department to carry out the provisions of ORS 622.220
and 622.320. [Formerly 509.451]Nothing in ORS 506.036 and
622.210 to 622.310 affects any oyster cultivation right acquired prior to
January 1, 1982, pursuant to chapter 675, Oregon Laws 1969. [1981 c.638
§12]Any plats of lands for the cultivation of oysters,
clams or mussels held by citizens of this state, if distinctly marked out
by means which do not obstruct navigation, and not exceeding the extent
allowed by regulations, shall be deemed and protected as private
property. Such plats, however, shall not restrict the rights of the
public to the use of the waters of this state in a normal and customary
manner. [Formerly 509.455; 1997 c.375 §8]
Nothing in ORS 509.505, 511.625, 622.210 to 622.300 and 622.320
interferes with any rights in, or ownership of, any private plantations
of oysters or oyster beds acquired or held under law existing on February
17, 1921. [Formerly 509.470] (1) Sales,
leases, assignments, conveyances, relinquishments and other transfers of
oyster plantations and claims, or parts thereof, or of plats for the
cultivation of oysters, clams or mussels may be made by reference to the
plat filed as provided in ORS 622.210 to 622.300 and 622.320. The heirs,
successors, assignees and lessees of those plats are entitled to
continued possession of such plats by compliance with ORS 622.210 to
622.300 and 622.320.
(2) A person proposing to sell, lease, assign, convey, relinquish
or otherwise transfer an oyster plantation claim or a plat for the
cultivation of oysters, clams or mussels shall provide the State
Department of Agriculture notice of such transaction within 30 days of
the effective date of the transaction.
(3) The filing of such a notice, if other than a relinquishment,
shall be accompanied by a claim or plat certificate reissuance fee of
$100 for each affected claim or plat.
(4) The failure to provide the notice required by subsection (2) of
this section shall result in the department holding the lessor of record
of the claim or plat responsible for compliance with the provisions of
ORS 622.210 to 622.360 and all provisions of the lease grant certificate.
[Formerly 509.495; 1997 c.375 §9] Nothing
in ORS 622.340 invalidates any claim or plat filed prior to June 14,
1939, or invalidates in any manner any transfers, debts or conveyances
made prior to June 14, 1939, of oyster claims or lands made by reference
to any filed claims or plats. [Formerly 509.500] Nothing
in ORS 622.210, 622.220, 622.240, 622.250, 622.270, 622.280, 622.290,
622.320 or 622.340 is intended to affect activities on the ocean shore,
as defined in ORS 390.605. [1997 c.375 §11]PENALTIES
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