Oregon Administrative Code

603-025-0900 Purpose The Oregon Department of Agriculture Food Safety Program licenses and inspects all facets of Oregon’s food distribution system, except restaurants, to ensure food is safe for consumption. Education and technical assistance are vital to the prevention, correct…

603-025-0910 Definitions As used in OAR 603-025-0920 through 603-025-0930, unless otherwise required by the context, the following terms will be construed to mean: (1) "Department" means the Oregon Department of Agriculture. (2) “Interference” means hindering or impeding an activ…

603-025-0920 Schedule of Civil Penalties In addition to any penalty available under ORS 561.190, 616.992, 616.994, or 632.990 the Department may impose a civil penalty with respective amounts for: (1) Violation of ORS 616.073(3), relating to sulfite use. Penalty — $500 to $5,000.…

603-025-0930 Penalty factors; procedure (1) In imposing a penalty pursuant to the schedule adopted pursuant to ORS 616.997, the Department shall consider the following factors, which are listed in prioritized order: (a) The immediacy and extent to which the violation threatens th…

603-027-0030 License Fees and Categories The annual license fees for weighing or measuring instruments or devices, as provided for in ORS 618.136 and 618.141 are as follows: (1) Discrete Weighing Devices (mfr. rated capacity): (a) 0-400 pounds — $52.00; (b) 401-1,160 pounds — $10…

603-027-0105 Application The Weights and Measures Packaging and Labeling requirements for all food and nonfood commodities in package form shall be the Uniform Packaging and Labeling Regulation requirements adopted by the National Conference on Weights and Measures, as published …

603-027-0170 Package Checking Procedures The procedures for checking the accuracy of the net content statement on packaged goods shall be those adopted by the National Conference on Weights and Measures, and contained in the Fourth Edition of NIST Handbook 133, published by the U…

603-027-0180 Examination Procedures for Price Verification. The procedures for price verification and accuracy in any store, including those that use Universal Product Code (U.P.C.) scanners and price-look-up codes at the checkout counter as a means for pricing, shall be those ad…

603-027-0206 Weights and Measures Requirements The weights and measures requirements as to methods of sale of all food and nonfood commodities shall be the requirements adopted by the National Conference on Weights and Measures, as published by the United States Department of Com…

603-027-0220 Exceptions to the National Institute of Standards and Technology Handbook 130 (2009 Edition) The following exceptions and amendments are made to said handbook identified in OAR 603-027-206 Method of Sale of Commodities: (1) Ready-to-Eat Food Definition. Change Sectio…

603-027-0370 Sawdust, Barkdust, Decorative Wood Particles, and Similar Products (1) As used in this rule, “Unit” means a standard volume equal to 200 cubic feet. (2) Method of Sale. Quantity representations for sawdust, barkdust, decorative wood particles, and similar loose bulk …

603-027-0395 Liquefied Petroleum Gas (LPG) (1) As used in this rule, "Liquefied Petroleum Gas," "LP Gas," or "LPG" means a petroleum product composed predominantly of any of the hydrocarbons propane, propylene, butane (normal or iso), butylene, or mixtures thereof, maintained in …

603-027-0397 Hydrocarbon Gas Vapor-Measuring Devices. (1) As used in this rule, “Hydrocarbon Gas” means propane, propylene, butanes, butylenes and any other hydrocarbon gas/air mix maintained in a vapor state. (2) Method of Sale. Hydrocarbon gas shall be offered, exposed for sale…

603-027-0400 Liquid Fuels (1) As used in this rule, "Liquid Fuel" means any predominately hydrocarbon compound or mixture for use as engine or heating fuel that exists as a noncorrosive liquid at atmospheric pressure, including, but not limited to, gasoline, tractor fuel, kerosen…

603-027-0410 Definitions (1) “Accredited Laboratory” means a laboratory that is currently accredited by an independent laboratory accrediting body for analyzing motor fuels using ASTM International test procedures and specifications. (2) “Agricultural Product” means a product pro…

603-027-0420 Standard Fuel Specifications (1) Gasoline and Gasoline-Oxygenate Blends, as defined in this regulation, shall meet the following requirements: (a) The ASTM D4814, "Standard Specification for Automotive Spark-Ignition Engine Fuel" (D4814) except that volatility standa…

603-027-0430 Classification and Method of Sale of Petroleum Products (1) General Considerations: (a) Documentation. (A) On each occasion when any person transfers custody or title to any motor vehicle fuel, other than when fuel is sold or dispensed to the ultimate end user at a r…

603-027-0440 Storage Tanks (1) Water in Motor Vehicle Fuel Storage: (a) Water in Gasoline-Alcohol Blends, Biodiesel, Biodiesel Blends, E85 Fuel Ethanol, M85 Fuel Methanol, and Aviation Gas. No water or water-alcohol phase greater than six millimeters (1/4 in) as determined by an …

603-027-0450 Official Sampling Procedures; Inspections and Recordkeeping (1) Official samples of motor vehicle fuel for testing shall be obtained by the Director or the Director's designate from: (a) The same dispensing device used for sales to customers; (b) Any bulk facility; (…

603-027-0460 Test Methods and Reproducibility Limits (1) Test Methods. (a) The ASTM Standard Test Methods referenced for use within the applicable Standard Specification shall be used for enforcement purposes. (b) Premium Diesel. The following test methods shall be used to determ…

603-027-0470 Embargo of Product (1) Stop Use Order, Hold Order or Removal Order: (a) The Director may issue a Stop Use Order, Hold Order, or Removal Order for any motor vehicle fuel which fails to meet the requirements of OAR 603-027-0420 through 603-027-0460; (b) A Stop Use Orde…

603-027-0480 Definitions In addition to the definitions set forth in OAR 603-027-0410 Definitions, the following shall apply: (1) “Civil Penalty Assessment Notice” (CPAN) shall be an order in a contested case for the purpose of judicial review and means a document which informs a…

603-027-0490 Enforcement Proceedings; Civil Penalties (1) Consolidation of Proceedings: Notwithstanding that each and every violation of any provision of ORS 646.947, 646.949 or 646.953, rules adopted under ORS 646.957 or orders issued under ORS 646.953 is a separate and distinct…

603-027-0630 Application OAR 603-027-0635 and 603-027-0640 shall apply to weighing and measuring instruments and devices within Oregon as follows: (1) To commercial weighing and measuring equipment; that is, to weights and measures and weighing and measuring devices commercially …

603-027-0635 Adoption of the National Institute of Standards and Technology Handbook 44 Except as provided in OAR 603-027-0640, the specifications, tolerances, and other technical requirements for the design, manufacture, installation, performance test, and use of weighing and me…

603-027-0640 Exceptions to the National Institute of Standards and Technology Handbook 44 The following exceptions and amendments are made to said handbook identified in OAR 603-027-0635: (1) General Code: Section G-UR. User Requirements. In the last sentence of subsection G-UR.4…

603-027-0650 Application This regulation shall apply to all classes of devices and/or equipment as covered in National Institute of Standards and Technology Handbooks 44, 105-1, 105-2, and 105-3. [Publications: Publications referenced are available from the agency.] Statutory/Oth…

603-027-0655 National Type Evaluation Program (1) The term "National Type Evaluation Program" shall be construed to mean a program of cooperation between the National Institute of Standard and Technology, the National Conference on Weights and Measures, the State, and the private…

603-027-0660 Certificate of Conformance The Director may require any weight or measure, or any weighing or measuring instrument or device to be issued a Certificate of Conformance prior to use for commercial or law enforcement purposes. Statutory/Other Authority: ORS 561 & 618 St…

603-027-0665 Participating Laboratory The Director is authorize to operate a Participating Laboratory as part of the National Type Evaluation Program. In this regard, the Director is authorized to charge and collect fees for type evaluation services. Statutory/Other Authority: OR…

603-027-0670 Definitions As used in this Chapter, unless the context requires otherwise: (1) "Placed in Service" means to install or repair following official rejection of any weighing or measuring device used commercially or intended to be used commercially. (2) "Predominantly i…

603-027-0680 Placed in Service A weighing or measuring device shall not be used commercially in the State of Oregon until: (1) It is licensed as required in ORS 618.121; (2) Either: (a) A Placed in Service Report is completed and distributed as required in OAR 603-027-0690; or (b…

603-027-0690 Placed in Service Report The Measurement Standards Division shall make available to each Service Agency report forms to be known as “Placed in Service Reports.” A Serviceperson or a serviceperson representing a Service Agency shall sign such a form and execute it in …

603-027-0700 Responsibilities of Service Person or Service Agency The Service person or Service Agency is responsible for placing in service, installing, repairing, and adjusting devices such that: (1) The devices are in compliance with all applicable requirements of the 2010 Edi…

603-028-0005 Definitions In addition to the provisions and definitions set forth in ORS Chapters 616 and 619, a meat and meat products establishment is subject to the definitions set forth in OAR 603-025-0010. (1) "Fat Content" means the amount of fat contained in a meat or meat …

603-028-0100 Buildings (1) Meat and Meat Product Establishments are subject to the provisions specified in OAR 603-025-0020, 603-025-0030 and 603-025-0150. (2) In addition, Poultry and Rabbit Slaughterer/Processors are subject to the provisions of OAR 603-028-0605 and 603-028-082…

603-028-0212 General Controls The operator of a slaughtering facility shall ensure that required blood and tissue samples, and any means of identification of domesticated elk slaughtered at that facility be collected and submitted to the Oregon Department of Agriculture. Statutor…

603-028-0300 Packaging (1) Package coverings or wrapping of meat or meat products shall not be of a color, design, fabrication, or kind as to be misleading or deceptive with respect to the color, quality, nature, or kind of meat or meat product. (2) Transparent or semi-transparen…

603-028-0405 Additives (1) Proteolytic enzyme (tenderizers) substances may be used in raw meat or raw meat products, and if so used a declaration of this fact shall be included on the package label or bulk display placard. (2) No non-meat substance, including, but not limited to,…

603-028-0500 Prohibited Acts No operator or employee of an establishment shall: (1) Fail to keep and maintain an establishment and equipment therein or thereon in a clean, healthful, and sanitary condition as required by subsection (1) of ORS Chapter 619 (Section 5, Chapter 174, …

603-028-0550 License Fees and Categories As provided in ORS 603.025 and ORS 619.031, a person may not engage in certain kinds of meat slaughtering, processing, or selling activities without first obtaining a license from the department. Pursuant to ORS 603.025 and ORS 619.031, th…

603-028-0560 New License Fees; License expiration; Operating without a License (1) New license fees must be received within 14 calendar days of the department’s initial approval inspection. If a new license fee payment is not received within 14 calendar days of the initial approv…

603-028-0600 Definitions (1) In addition to the definitions set forth in ORS Chapter 603, a custom meat establishment is subject to the definitions set forth in OAR 603-025-0010. (2) “Mobile custom slaughtering establishment” means a custom slaughtering establishment consisting o…

603-028-0605 Sanitation, Maintenance, and Construction by Licensees (1) Stationary Custom Establishments are subject to the General Requirements outlined in OAR 603-025-0020 and 603-025-0150. In addition a stationary custom slaughtering establishment shall comply with the followi…

603-028-0615 Federal Inspection Custom slaughtering or custom processing establishments subject to the inspection and authority of the U.S. Department of Agriculture pursuant to the Federal Meat Inspection Act, as defined in ORS Chapter 619, or the Federal Poultry Inspection Act,…

603-028-0700 Labeling by Custom Slaughtering Establishments (1) A custom slaughtering establishment shall label or firmly affix a tag to the carcass and each part therefrom, before removal from the vehicle in the case of a mobile establishment or before removal from the kill floo…

603-028-0710 Definitions In addition to the definitions in ORS Chapter 616, OAR Chapter 603, Divisions 25 and 28, unless otherwise required by the context, the following terms will be construed, respectively, to mean: (1) “Approved” means acceptable to the Department based on the…

603-028-0715 Licensing Exemptions (1) Poultry businesses may qualify for both the Off-Farm Direct Sale Exemption and the On-Farm Direct Sale Exemption under OAR 603-028-710 to OAR 603-028-0740. A poultry business claiming both the Poultry On-Farm and Off-Farm poultry exemptions w…

603-028-0720 Off-Farm Direct Sale Poultry Exemption (1) A poultry business is not required to obtain a license under ORS 603.025, ORS 616.706, and OAR 603-028-0100 for activities directly related to poultry, poultry products, and shell eggs, if: (a) During a calendar year, the po…

603-028-0722 Off-Farm Direct Sale Rabbit Exemption (1) A rabbit business is not required to obtain a license for activities directly related to rabbit and rabbit products under ORS 603.025, 616.706, or 603-028-0100, if: (a) During a calendar year, the rabbit business slaughters a…