(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shall continue in force and effect and be applicable until superseded,
changed or repealed by standards and grades adopted by the department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(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
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]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]
Unlabeled onions may be sold:
(1) By the grower at the field where grown.
(2) To a processing plant.
(3) At retail to consumers if the onions are displayed in open
containers or bins and the onions were labeled and inspected for grade as
required by ORS 632.216 to 632.226, at or prior to the time of purchase
by the retailer.
(4) To a livestock feeder for feeding purposes. [1955 c.363 §5] (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] (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]
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]
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] 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 SUPPLIESAny 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]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] 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] 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]PRUNES As used in ORS
632.405 to 632.440, “department” means the State Department of
Agriculture. (1) The State
Department of Agriculture shall fix, establish and promulgate, after
investigation and public hearing, official grades and standards for
grading and classifying dried prunes.
(2) In establishing such grades and standards the department shall
take into account and base them upon the following factors:
(a) Flavor, texture, size, appearance and moisture content.
(b) Freedom from disease.
(c) Freedom from or extent of damage or deterioration.
(d) Absence of foreign material, dirt, insect infestation or scorch.
(e) Extent of carmelization.
(f) Method of packing or packaging.
(g) Such other factors as may be indicative of or which may affect
quality or condition and value or suitability for human consumption or
for the commercial or other uses to which that product normally is put.
(3) In addition, the department shall take into account any grades,
standards or classifications for dried prunes established by the United
States Department of Agriculture, and also applicable state and federal
food and drug laws. ORS 632.900 to 632.935 relating to grades and
standards shall apply to ORS 632.405 to 632.440.
(1) The factors to be considered in establishing any grades or standards
for dried prunes, as provided by ORS 632.410, shall be applied in
accordance with the extent to which and manner in which they relate to
the quality, quantity and condition of that product and the value or
suitability of it for human consumption or for the commercial or other
uses to which it is normally put.
(2) Any such grades, standards or classifications established under
ORS 632.405 to 632.440 may, from time to time, be changed by the State
Department of Agriculture in order:
(a) To conform them more nearly to the requirements or interests of
consumers or to commercial or trade requirements, practices or methods.
(b) To meet changed conditions.
(c) To comply with new and improved methods of handling,
processing, packing, transporting, marketing or using dried prunes.
(d) To apply or make effective any new and improved method of test,
analysis or examination of the quality or condition of that product or
the value or suitability of it as stated in this section.(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. The State Department of
Agriculture shall fix, assess and collect fees for all inspections or
grading of dried prunes made pursuant to ORS 632.405 to 632.440, on a
uniform basis, in a reasonable amount, which the department shall
determine to be sufficient to cover the cost of such inspection and
grading.(1) The State Department of Agriculture shall administer and
enforce the provisions of ORS 632.405 to 632.440. It may employ such
inspectors and deputies and enter such agreements with officers of the
United States Department of Agriculture and make such reasonable rules
and regulations as may be necessary to carry out such sections.
(2) In any court proceeding any inspection or grading certificate,
issued pursuant to such sections, is prima facie evidence of the facts
stated in it. Any circuit court has jurisdiction to restrain
any violation or threatened violation of ORS 632.405 to 632.430, upon
suit by the Attorney General.PACKING AND LABELING OF HORTICULTURAL PRODUCTS 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] No person
shall sell, offer for sale or transportation, or transport within Oregon,
horticultural products unless each container or package of such products
is plainly and conspicuously labeled with the name and post-office
address of the grower, shipper or dealer, and the net contents of the
container or package in terms of weight, measure or numerical count. This
section does not apply to transportation from the owner’s fields to a
warehouse for storage or grading and packing, or to processing plants.
[Formerly 616.510](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] It is unlawful to sell or
offer for sale or to transport or offer for transportation, horticultural
products in used packages or containers unless such used packages or
containers are first cleaned of all foreign matter and substances and are
in all respects sanitary, and unless all previous markings, brands, grade
markings, labels, trademarks, names and addresses are entirely removed or
so defaced as to destroy their legibility, or by turning such container
or package inside out. This section does not apply to transportation from
the owner’s fields to a warehouse for storage or grading and packing, or
to processing plants. [Formerly 616.520]
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](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]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] (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] All
persons operating under their own private brand in Oregon in the business
of packing or canning fruit or vegetables, either fresh, canned,
evaporated or otherwise, shall plainly designate on such private brand
that goods were Oregon grown or packed in Oregon. For the purpose of this
section it is sufficient for the firms whose headquarters are in Oregon
to either designate the local address of the cannery or to designate the
location of their main office in Oregon. This section does not apply to
sales to wholesalers, packers or others for reselling. [Formerly 616.545]WALNUTS AND FILBERTS As used in ORS
632.505 to 632.625, “department” means the State Department of
Agriculture. 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]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
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
(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] All containers of unshelled walnuts or
unshelled filberts of the two highest grades established by the
department, sold or offered for sale or shipment in this state, shall be
uniform, new, sound and clean and otherwise conform to the standards
approved by the State Department of Agriculture. Containers for lower
grades shall be clean, fairly bright and sound. [Amended by 1955 c.239 §6]
(1) The State Department of Agriculture may designate certain areas as
inspection districts and certain cities as inspection points, as
necessary for the enforcement of ORS 632.505 to 632.625 and the rules and
regulations of the department.
(2) All unshelled walnuts and unshelled filberts shipped out of or
into or received in such inspection districts or inspection points in
lots of 250 pounds or more shall be inspected by the department in
accordance with its rules and regulations. However, no inspection shall
be required for such nuts in transit to a processing plant. Not more than
one inspection shall be made by the department for any car or lot of
unshelled walnuts, or unshelled filberts unless the buyer or seller of
the car or lot applies for reinspection and advances the charges for it
as provided by the department. Any shipper of unshelled walnuts or
unshelled filberts who feels that the grade established on any lot of
nuts by any inspector, agent or representative of the department is not a
true grade of such lot of unshelled walnuts or unshelled filberts may
appeal to the department for a reinspection. However, the department may
inspect any lot of less than 250 pounds, if at any time it deems it
necessary.
(3) The department may fix, assess and collect or cause to be
collected fees for all inspections of unshelled walnuts and unshelled
filberts, on a uniform basis, in an amount determined to be reasonable
and to cover the cost of its inspections and the enforcement of ORS
632.505 to 632.625. [Amended by 1955 c.239 §7]
(1) Every operator or person in charge of any motor vehicle transporting
on the streets or highways any unshelled walnuts or unshelled filberts,
of which inspection is required by ORS 632.505 to 632.625, out of, into
or through any inspection district, or any city which has been declared
an inspection point, shall give notice by mail or in person to the
nearest office or inspector of the State Department of Agriculture that
such nuts are available for inspection as required by law.
(2) Any person, receiving any shipment, load or lot of such nuts,
which has not been inspected, for the purpose of sale or storage in such
quantities and in such places as would require inspection, shall give
notice within 24 hours by mail or in person to the nearest office or
inspector of the department that such nuts have been received and are
being held for inspection. (1)
The State Department of Agriculture shall enforce the provisions of ORS
632.505 to 632.625, and may make rules and regulations necessary or
convenient for such enforcement. It may employ such inspectors, agents
and representatives as it finds necessary and enter into agreements with
the United States Department of Agriculture, its authorized agents,
officers and representatives as it deems necessary to carry out such
sections, not contrary to the laws of this state.
(2) Upon complaint, properly filed, that unshelled walnuts or
unshelled filberts are offered for sale or shipment in violation of ORS
632.505 to 632.625, the State Department of Agriculture shall make the
necessary investigation. If the complaint is found true, the department
shall report the facts to the district attorney of the county in which
the violation occurred and the district attorney shall prosecute such
offender.
(3) Certificates of inspection of unshelled walnuts and unshelled
filberts issued by the department shall be prima facie evidence of the
facts contained therein. Justice courts have concurrent jurisdiction
with the circuit court in all proceedings to enforce the provisions of
ORS 632.505 to 632.625. No person
shall sell or offer for sale or shipment any unshelled walnuts or
unshelled filberts in violation of any of the provisions of ORS 632.505
to 632.625, or the rules or regulations established under such sections.EGGS As used in ORS
632.705 to 632.815:
(1) “Adulterated” has the meaning given that term in ORS 616.235.
(2) “At retail” means a sale or transaction between a retailer and
a consumer.
(3) “Bulk sale” means the sale of eggs in containers other than
consumer containers.
(4) “Candling” means the examination of the interior of eggs by the
use of transmitted light used in a partially dark room or place.
(5) “Consumer” means any person who purchases eggs at retail or any
restaurant, hotel, boarding house, bakery, or institution or concern that
purchases eggs for serving to guests or patrons thereof, or for its own
use in cooking or baking.
(6) “Consumer container” means a container in which eggs are packed
for sale to consumers.
(7) “Container” means any box, case, basket, carton, sack, bag or
other receptacle.
(8) “Department” means the State Department of Agriculture.
(9) “Egg handler” means any person who contracts for or obtains
possession or control of any eggs for:
(a) Sale to another egg handler or a retailer; or
(b) Processing and sale to another egg handler, a retailer or a
consumer.
(10) “Egg products” means the white, yolk, or any part of eggs, in
liquid, frozen, dried, or any other form, used, intended or held for use,
in the preparation of, or to be a part of or mixed with, food or food
products, for human consumption, excepting products that contain eggs
only in a relatively small proportion or historically have not been in
the judgment of the department considered by consumers as products of the
egg industry.
(11) “Eggs” or “shell eggs” means eggs in the shell from chickens,
turkeys, ducks, geese or any other species of fowl.
(12) “Federal Act” means the federal Egg Products Inspection Act,
21 U.S.C. 1031 et seq., 84 Stat. 1620 et seq.
(13) “Labeling” has the meaning given that term in ORS 616.205 (13).
(14) “Lot” means an identifiable and certain quantity, group or
shipment of one grade or size of eggs of a particular producer, egg
handler or retailer. Such identification and certainty may be determined
by the department by container labeling of codes, numbers or dates, or
invoices containing such data.
(15) “Misbranded” has the meaning given that term in ORS 616.250.
(16) “Pasteurize” means the subjecting of each particle of egg
products to heat or other treatments to destroy harmful viable
microorganisms, by such processes as may be prescribed by the department.
(17) “Processing” means manufacturing egg products, including
breaking eggs or filtering, mixing, blending, pasteurizing, stabilizing,
cooling, freezing, drying or packaging egg products.
(18) “Retailer” means any person who sells eggs to a consumer.
(19) “Sell” or “sale” means to sell, offer for sale, expose for
sale, or have in possession for sale. [1965 c.582 §1; 1975 c.748 §1; 2003
c.14 §378; 2005 c.22 §445] (1) Unless the holder of a permit
issued under ORS 632.730, no person shall sell or distribute within this
state any eggs to consumers or to retailers without having first obtained
an egg handler’s license from the State Department of Agriculture. The
license shall not be required:
(a) Of a producer selling and delivering eggs of the producer’s own
production direct to an individual consumer; or
(b) For the sale of uncandled eggs to other than a consumer; or
(c) For the sale by a retailer to a consumer of eggs which
previously have been candled and graded by an egg handler in compliance
with ORS 632.705 to 632.815.
(2) Application for such license shall be made to the department,
on forms prescribed by the department.
(3) Each egg handler’s license shall expire on June 30 next
following the date of issuance. Such license shall not be transferable to
any person. The original of the license shall be conspicuously displayed
in the main office of the licensee. A duplicate copy of the license shall
be conspicuously displayed in each separate branch, store, sales outlet,
office, warehouse or location operated or owned by the licensee in which
eggs are candled or graded.
(4) The department, in accordance with ORS chapter 183, may refuse
to issue, or may suspend or revoke, an egg handler’s license issued under
this section, or a permit issued under ORS 632.730, if the applicant, the
permit holder, or the licensee has or is violating the provisions of ORS
632.705 to 632.815 or rules promulgated pursuant thereto. [1965 c.582 §2;
1975 c.748 §2; 1982 s.s.1 c.4 §12] There shall be paid to the State Department of
Agriculture with each application for an egg handler’s license an annual
license fee of $25. [1965 c.582 §3; 1975 c.748 §3; 1991 c.632 §8] No person shall
engage in the commercial breaking of eggs for the purpose of recovering
therefrom, for human food, the whites, yolks or whole egg meats, or any
part thereof, for resale as such, without first obtaining from the State
Department of Agriculture a permit to do so. Such permit shall be issued
to any person making written application for it and a proper showing of
ability and intent to comply with the sanitary requirement specified by
ORS 632.705 to 632.815, and payment to the department of an annual permit
fee of $75. Such permit shall expire on June 30 next following its date
of issuance, and may be renewed from year to year upon written
application and payment of the annual permit fee.
[Formerly 632.040; 1975 c.748 §4; 1982 s.s.1 c.4 §13] (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](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] 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)] 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)](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 Oregon state egg seal or the official number assigned to
the egg handler by the State Department of Agriculture.
(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)] 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] (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)] 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 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]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](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]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]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. 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]The State Department of Agriculture may establish as the
official standard for this state for any horticultural or agricultural
product or container, any standard which may have been promulgated or
announced therefor under the authority of the Congress of the United
States, and the department is authorized to cooperate with the United
States, or any department thereof, in accomplishing the matters and
things provided for in ORS 632.900 to 632.940 and 632.955 to 632.980.
[Formerly 616.440; 1979 c.91 §5](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](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]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]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] 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]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]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] 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] 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] (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(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 632.405 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]
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