185 sections in this chapter.
ORS 632.515 [Repealed by 1955 c.239 §8]
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WALNUTS AND FILBERTS
ORS 632.516 Establishment of grades and standards; rules. The State Department of Agriculture shall, in accordance with the applicable provisions of ORS 632.905 to 632.980, establish standards and grades for walnuts and filberts by rules or regulations enacted pursuant to ORS chapter 183. The grades shall conform, as far as practicable or applicable in this state, to the official grades and standards prescribed by the United States Department of Agriculture. The grades may be changed from time to time as may be necessary. [1955 c.239 §2; 1971 c.734 §28]
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[Repealed or reserved.]
ORS 632.520 [Repealed by 1955 c.239 §8]
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[Repealed or reserved.]
ORS 632.521 Grades and standards established by repealed statute; continued in effect until superseded. Notwithstanding the powers and duties of the State Department of Agriculture under ORS 632.516, the statutory standards and grades in ORS 632.510, 632.515, 632.520, 632.525, 632.530, 632.535, 632.540, 632.545, 632.550, 632.555, 632.560, 632.565, 632.570, 632.575 and 632.580 prior to the repeal of those sections by section 8, chapter 239, Oregon Laws 1955, shall continue in force and effect and be applicable as if adopted by the department until superseded or repealed by rules and regulations adopted by the department under ORS 632.516. [1955 c.239 §3]
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[Repealed or reserved.]
ORS 632.525 [Repealed by 1955 c.239 §8]
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[Repealed or reserved.]
ORS 632.530 [Repealed by 1955 c.239 §8]
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[Repealed or reserved.]
ORS 632.535 [Repealed by 1955 c.239 §8]
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[Repealed or reserved.]
ORS 632.540 [Repealed by 1955 c.239 §8]
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[Repealed or reserved.]
ORS 632.545 [Repealed by 1955 c.239 §8]
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[Repealed or reserved.]
ORS 632.550 [Repealed by 1955 c.239 §8]
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[Repealed or reserved.]
ORS 632.555 [Repealed by 1955 c.239 §8]
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[Repealed or reserved.]
ORS 632.560 [Repealed by 1955 c.239 §8]
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[Repealed or reserved.]
ORS 632.565 [Repealed by 1955 c.239 §8]
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[Repealed or reserved.]
ORS 632.570 [Repealed by 1955 c.239 §8]
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[Repealed or reserved.]
ORS 632.575 [Repealed by 1955 c.239 §8]
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[Repealed or reserved.]
ORS 632.580 [Repealed by 1955 c.239 §8]
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[Repealed or reserved.]
ORS 632.585 Necessity of conformity to standards. All unshelled walnuts and unshelled filberts sold or offered for sale or shipment in this state shall conform to the standards established by the State Department of Agriculture for such walnuts and filberts. [Amended by 1955 c.239 §5]
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[Repealed or reserved.]
ORS 632.590 Labeling. (1) All unshelled walnuts and unshelled filberts sold, displayed or offered for sale or shipment in this state must have the containers, bins, display table or other bulk display labeled with a legible label containing the
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(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 …
ORS 632.595 Containers. All containers of unshelled walnuts or unshelled filberts of the two highest grades established by the State Department of Agriculture, sold or offered for sale or shipment in this state, shall be uniform, new, sound and clean and otherwise conform to the standards approved by the department. Containers for lower grades shall be clean, fairly bright and sound. [Amended by 1955 c.239 §6; 2007 c.71 §191]
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[Repealed or reserved.]
ORS 632.600 Inspection districts; inspection, reinspection and fees. (1) The State Department of Agriculture may designate certain areas as inspection districts and certain cities as inspection points, as necessary for the enforcement of ORS 632.516 to 632.625 and the rules and regulations of the department
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(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 r…
ORS 632.605 [Subsection (2) enacted as 1955 c.239 §4; repealed by 1965 c.276 §2]
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[Repealed or reserved.]
ORS 632.610 Duty to notify department of availability for inspection. (1) Every operator or person in charge of any motor vehicle transporting on the streets or highways any unshelled walnuts or unshelled filberts, of which inspection is required by ORS 632.516 to 632.625, out of, into or through any inspection district, or any city which has been declared an inspection point, shall give notice by mail or in person to the nearest office or inspector of the State Department of Agriculture that such nuts are available for inspection as required by law
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(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 in…
ORS 632.615 Enforcement; inspection certificate as evidence; rules. (1) The State Department of Agriculture shall enforce the provisions of ORS 632.516 to 632.625, and may make rules and regulations necessary or convenient for such enforcement. It may employ such inspectors, agents and representatives as it finds necessary and enter into agreements with the United States Department of Agriculture, its authorized agents, officers and representatives as it deems necessary to carry out such sections, not contrary to the laws of this state
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(2) Upon complaint, properly filed, that unshelled walnuts or unshelled filberts are offered for sale or shipment in violation of ORS 632.516 to 632.625, the State Department of Agriculture shall make the necessary investigation. If the complaint is found true, the department sha…
ORS 632.620 [Amended by 2009 c.175 §23; repealed by 2011 c.597 §309]
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[Repealed or reserved.]
ORS 632.625 Violation of walnut and filbert law prohibited. No person shall sell or offer for sale or shipment any unshelled walnuts or unshelled filberts in violation of any of the provisions of ORS 632.516 to 632.625, or the rules or regulations established under such sections
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EGGS (Processing and Sale)
ORS 632.705 Definitions for ORS 632.705 to 632.815. As used in ORS 632.705 to 632.815
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(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 interi…
ORS 632.710 [Formerly 632.007; repealed by 1975 c.748 §19]
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[Repealed or reserved.]
ORS 632.715 Egg handler’s license. (1) Unless the person holds a permit issued under ORS 632.730, a person may not 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 is not required
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(a) Of a producer selling and delivering eggs of the producer’s own production directly to an individual consumer; (b) For the sale of uncandled eggs to other than a consumer; (c) For the sale by a retailer to a consumer of eggs that previously have been candled and graded by an …
ORS 632.720 An applicant for an egg handler’s license shall pay an annual license fee to the State Department of Agriculture with each application. The department may adopt rules establishing a license fee for an egg handler. Except as provided in this section, the department may not adopt a rule under this section to establish a license fee that is more than three percent higher than the fee charged during the preceding year. When adopting a rule establishing a license fee, notwithstanding the three percent limit, the department may round the fee amount to the next higher whole dollar amount. The department may not change the amount of the egg handler’s license fee more frequently than once each year
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[Repealed or reserved.]
ORS 632.725 [1965 c.582 §4; repealed by 1975 c.748 §19]
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[Repealed or reserved.]
ORS 632.730 Commercial egg breaker’s permit; fee. No person shall engage in the commercial breaking of eggs for the purpose of recovering therefrom, for human food, the whites, yolks or whole egg meats, or any part thereof, for resale as such, without first obtaining from the State Department of Agriculture a permit to do so. Such permit shall be issued to any person making written application for it and a proper showing of ability and intent to comply with the sanitary requirement specified by ORS 632.705 to 632.815, and payment to the department of an annual permit fee of $75. Such permit shall expire on June 30 next following its date of issuance or on such date as may be specified by department rule. Such permits may be renewed from year to year upon written application and payment of the annual permit fee
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[Formerly 632.040; 1975 c.748 §4; 1982 s.s.1 c.4 §13; 2007 c.768 §35]
ORS 632.735 [1965 c.582 §5; repealed by 1975 c.748 §19]
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[Repealed or reserved.]
ORS 632.740 [1965 c.582 §6; repealed by 1975 c.748 §5 (632.741 enacted in lieu of 632.740)]
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[Repealed or reserved.]
ORS 632.741 Additional fee; reports; records; exceptions. (1) In addition to the license fee adopted by rule under 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
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(2) The fees required to be paid under subsection (1) of this section and, except as otherwise provided under ORS 632.771, the labeling required by ORS 632.771 do not apply to: (a) Eggs sold and shipped outside of this state; (b) Eggs sold to the United States Government; (c) Bul…
ORS 632.745 When invoices required; exception; availability for inspection. (1) Each person who sells eggs in bulk shall furnish the purchaser with an invoice covering each such sale, showing the exact grade or quality and the size or weight of the eggs sold, according to the standards prescribed by the federal Act or the State Department of Agriculture, together with the name and address of the person by whom the eggs were sold. The invoices shall be available during business hours for inspection by the department. The invoices shall be kept for at least
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(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 b…
ORS 632.750 [Formerly 632.085; repealed by 1975 c.748 §19]
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[Repealed or reserved.]
ORS 632.755 [Formerly 632.060; repealed by 1975 c.748 §8 (632.756 enacted in lieu of 632.755)]
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[Repealed or reserved.]
ORS 632.756 Maintenance of facilities and equipment; standards. The plant facilities and equipment utilized in processing eggs or egg products shall be constructed, maintained and utilized in accordance with the rules promulgated under the federal Act or promulgated by the State Department of Agriculture. [1975 c.748 §9 (enacted in lieu of 632.755)]
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[Repealed or reserved.]
ORS 632.760 [Formerly 632.097; repealed by 1975 c.748 §10 (632.761 enacted in lieu of 632.760)]
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[Repealed or reserved.]
ORS 632.761 Authority of department. The State Department of Agriculture is authorized to
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(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…
ORS 632.765 [1965 c.582 §8; repealed by 1975 c.748 §19]
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[Repealed or reserved.]
ORS 632.770 [1965 c.582 §9; repealed by 1975 c.748 §12 (632.771 enacted in lieu of 632.770)]
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[Repealed or reserved.]
ORS 632.771 Information on container label; sale from bulk display; advertising; ungraded eggs. (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
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(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 eggs or egg product; (c) The lot or production code, number or date; (d) The net contents; (e) The name and address of the egg handl…
ORS 632.775 [1965 c.582 §10; repealed by 1975 c.748 §19]
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[Repealed or reserved.]
ORS 632.780 [1965 c.582 §11; repealed by 1975 c.748 §19]
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[Repealed or reserved.]
ORS 632.785 [1965 c.582 §12; repealed by 1975 c.748 §14 (632.786 enacted in lieu of 632.785)]
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[Repealed or reserved.]
ORS 632.786 Prohibited acts. No person shall
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(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 t…
ORS 632.790 [1965 c.582 §14; repealed by 1975 c.748 §19]
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[Repealed or reserved.]
ORS 632.795 [1965 c.582 §15; repealed by 1975 c.748 §19]
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[Repealed or reserved.]
ORS 632.800 [1965 c.582 §16; repealed by 1975 c.748 §19]
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[Repealed or reserved.]