Chapter 632 — Chapter 632

ORS 632.805 [1965 c.582 §17; repealed by 1975 c.748 §19]

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ORS 632.807 [1967 c.250 §2; repealed by 1975 c.748 §19]

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ORS 632.810 [1965 c.582 §18; 1967 c.250 §3; repealed by 1975 c.748 §16 (632.811 enacted in lieu of 632.810)]

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ORS 632.811 Rules; considerations in promulgating rules. (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

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ORS 632.812 [1967 c.250 §1; repealed by 1975 c.748 §19]

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ORS 632.815 Disposition of fees. 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]

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ORS 632.835 Definitions for ORS 632.835 to 632.849. As used in ORS 632.835 to 632.849

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ORS 632.838 Legislative findings. The Legislative Assembly finds and declares that the regulation of egg production and of the sale of eggs and egg products, as described in ORS 632.835 to 632.849, is necessary to protect the health and welfare of consumers, to promote food safety, to advance animal welfare and to protect this state against the negative fiscal impacts associated with a lack of effective regulation of egg production and sales of eggs and egg products. [2019 c.686 §2]

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ORS 632.840 Manner of confining egg-laying hen; business plan for compliance; rules; inspections; fees; report; penalty. (1) The State Department of Agriculture shall adopt rules regulating the manner in which egg-laying hens may be confined in an enclosure for purposes of ORS 632.835 to 632.849. The rules must

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ORS 632.842 Relation to animal welfare laws. ORS 632.835 to 632.849 are in addition to, and not in lieu of, any laws protective of animal welfare. ORS 632.835 to 632.849 do not limit any other Oregon laws or rules protecting the welfare of animals or prohibit the adoption or enforcement of animal welfare laws or regulations by a local government as defined in ORS 174.116. [2019 c.686 §4]

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ORS 632.845 Prohibition against improper confinement of egg-laying hen. (1) Except as provided in subsection (2) of this section, a commercial farm owner or operator may not confine an egg-laying hen in an enclosure that fails to comply with the rules adopted by the State Department of Agriculture under ORS 632.840

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ORS 632.847 Commerce in eggs or egg products from noncompliant production. (1) Except as provided under subsection (2) of this section, a person may not buy, sell, offer to buy or sell, transport or offer to transport in intrastate commerce, or accept receipt of, an egg or egg product that was not produced in compliance with ORS 632.845

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ORS 632.849 Production exempt from compliance. ORS 632.835 to 632.849 do not apply to

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ORS 632.850 [2011 c.436 §3; repealed by 2019 c.686 §12]

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ORS 632.900 “Horticultural and agricultural products” defined. As used in ORS 632.900 to 632.940 and 632.955 to 632.980, “horticultural and agricultural products”

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ORS 632.905 Grades and standards for horticultural and agricultural products and containers; rules. 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]

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ORS 632.910 Factors to be considered in establishing grades, standards or classifications. (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

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ORS 632.915 Consideration of commercial or other use; change of grades, standards or classifications. 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

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ORS 632.918 Classifications and standards for certified horticultural and agricultural processes; rules. 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]

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ORS 632.920 Compliance with Administrative Procedures Act. 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]

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ORS 632.925 [Formerly 616.430; repealed by 1979 c.91 §6]

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ORS 632.930 [Formerly 616.435; repealed by 1979 c.91 §6]

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ORS 632.935 Adoption of United States standards; cooperation with United States. 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]

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ORS 632.940 Inspection and classification of horticultural and agricultural products by department; fees and charges. (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

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ORS 632.945 Procedure for department inspection and classification; collection of costs; fees. (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

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ORS 632.950 Termination of department inspection activities by grower vote; election procedure; costs. 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]

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ORS 632.955 Investigation of complaint of purchaser’s misrepresentation of product; inspection and classification of products received by purchaser. 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]

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ORS 632.960 Appeal to department for classification; fee. 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]

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ORS 632.965 Certificate of grade, classification, quality or condition as prima facie evidence. 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]

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ORS 632.970 Misrepresentation of grades and standards for horticultural or agricultural products; improper use of insignia indicating grade. 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]

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ORS 632.975 Use of containers not conforming to standard. 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]

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ORS 632.980 Improper grading and incorrect certificates prohibited. 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]

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ORS 632.985 Transporting of agricultural or horticultural products subject to inspection; notice. (1) An operator or person in charge of any motor vehicle may not transport on the streets or highways of this state any agricultural or horticultural products for 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 that 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

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ORS 632.990 Criminal penalties. (1) Violation of any provision of ORS 632.275 to 632.290 or of any rule adopted under ORS 632.275 to 632.290 is a Class B misdemeanor for a first offense, and a Class A misdemeanor for a second or subsequent offense

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ORS 632.995 Civil penalties; rules; hearing; disposition of moneys. (1) In addition to any penalty available under ORS 561.190 or 632.990, the State Department of Agriculture may impose a civil penalty for a violation of ORS 632.275 to 632.290, 632.450 to 632.490, 632.625, 632.705 to 632.815 or 632.900 to 632.985 or of rules adopted under ORS 632.275 to 632.290, 632.450 to 632.490, 632.625, 632.705 to 632.815 or 632.900 to 632.985. For the purposes of this section, each day a violation continues after the period of time established for compliance shall be considered a separate violation unless the department finds that a different period of time is more appropriate to describe a specific violation event

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