185 sections in this chapter.
ORS 632.255 [1955 c.363 §11; repealed by 1965 c.276 §2]
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[Repealed or reserved.]
ORS 632.260 [1955 c.363 §12; repealed by 2019 c.108 §1]
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REGISTRATION AND USE OF TRADEMARK FOR CONTAINERS, EQUIPMENT AND SUPPLIES
ORS 632.275 Filing trademark for containers, equipment and supplies for fruit and vegetables. Any 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]
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[Repealed or reserved.]
ORS 632.280 Unlawful use of, or traffic in, name or mark as presumptive evidence. 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
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(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 co…
ORS 632.285 Security for return not a sale. 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]
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[Repealed or reserved.]
ORS 632.290 Acquiring of marked containers, supplies and equipment. 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]
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[Repealed or reserved.]
ORS 632.305 [Repealed by 1955 c.711 §1]
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[Repealed or reserved.]
ORS 632.306 [1955 c.711 §§2,5; 1957 c.96 §1; repealed by 1997 c.410 §1]
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[Repealed or reserved.]
ORS 632.310 [Repealed by 1955 c.711 §1]
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[Repealed or reserved.]
ORS 632.311 [1955 c.711 §4; repealed by 1997 c.410 §1]
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[Repealed or reserved.]
ORS 632.315 [Repealed by 1955 c.711 §1]
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[Repealed or reserved.]
ORS 632.316 [1955 c.711 §13; repealed by 1997 c.410 §1]
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[Repealed or reserved.]
ORS 632.320 [Repealed by 1955 c.711 §1]
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[Repealed or reserved.]
ORS 632.321 [1955 c.711 §6; 1957 c.96 §2; repealed by 1997 c.410 §1]
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[Repealed or reserved.]
ORS 632.325 [Repealed by 1955 c.711 §1]
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[Repealed or reserved.]
ORS 632.326 [1955 c.711 §7; 1957 c.96 §3; repealed by 1997 c.410 §1]
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[Repealed or reserved.]
ORS 632.330 [Repealed by 1955 c.711 §1]
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[Repealed or reserved.]
ORS 632.331 [1955 c.711 §8; 1957 c.96 §4; repealed by 1997 c.410 §1]
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[Repealed or reserved.]
ORS 632.335 [Repealed by 1955 c.711 §1]
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[Repealed or reserved.]
ORS 632.336 [1955 c.711 §9; 1957 c.96 §5; 1993 c.46 §2; repealed by 1997 c.410 §1]
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[Repealed or reserved.]
ORS 632.340 [Repealed by 1955 c.711 §1]
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[Repealed or reserved.]
ORS 632.341 [1955 c.711 §10; 1993 c.46 §1; repealed by 1997 c.410 §1]
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[Repealed or reserved.]
ORS 632.345 [Repealed by 1955 c.711 §1]
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[Repealed or reserved.]
ORS 632.346 [1955 c.711 §11; repealed by 1997 c.410 §1]
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[Repealed or reserved.]
ORS 632.350 [Repealed by 1955 c.711 §1]
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[Repealed or reserved.]
ORS 632.351 [1955 c.711 §12; repealed by 1997 c.410 §1]
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[Repealed or reserved.]
ORS 632.355 [Repealed by 1955 c.711 §1]
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[Repealed or reserved.]
ORS 632.356 [1955 c.711 §14; repealed by 1965 c.276 §2]
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[Repealed or reserved.]
ORS 632.360 [Repealed by 1955 c.711 §1]
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[Repealed or reserved.]
ORS 632.361 [1955 c.711 §3; repealed by 1997 c.410 §1]
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[Repealed or reserved.]
ORS 632.405 [Repealed by 2007 c.71 §189]
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[Repealed or reserved.]
ORS 632.410 [Repealed by 2013 c.120 §1]
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[Repealed or reserved.]
ORS 632.415 [Repealed by 2013 c.120 §1]
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[Repealed or reserved.]
ORS 632.420 [Repealed by 2013 c.120 §1]
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[Repealed or reserved.]
ORS 632.425 [Repealed by 2013 c.120 §1]
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[Repealed or reserved.]
ORS 632.430 [Repealed by 2013 c.120 §1]
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[Repealed or reserved.]
ORS 632.435 [Repealed by 1965 c.276 §2]
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[Repealed or reserved.]
ORS 632.440 [Repealed by 2013 c.120 §1]
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PACKING AND LABELING OF HORTICULTURAL PRODUCTS
ORS 632.450 Definitions for ORS 632.450 to 632.485. As used in ORS 632.450 to 632.485
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(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, ke…
ORS 632.455 Labeling container of horticultural products. 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]
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[Repealed or reserved.]
ORS 632.460 Establishment of grades, branding and packing requirements; rules. (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
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(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 …
ORS 632.465 Used packages or containers. 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]
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[Repealed or reserved.]
ORS 632.470 False representations as to raising, production or packing. 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]
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[Repealed or reserved.]
ORS 632.475 Possession of unlabeled, falsely labeled or deceptively packed products. (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
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(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…
ORS 632.480 Shipment or sale of deceptive pack, load or display prohibited. 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]
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[Repealed or reserved.]
ORS 632.485 Enforcement; entry and inspection; seizure. (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
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(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 f…
ORS 632.490 Labeling fruit or vegetables as Oregon grown or packed. 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]
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[Repealed or reserved.]
ORS 632.495 Labeling of exported horticultural commodities and commodity packs; rules. (1) As used in this section
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(a) “Commodity”: (A) Means a distinctive class, type, variety or utilization of a product in a natural or unprocessed state. (B) Does not mean canned, bottled, frozen, dried, candied or brined products. (b) “Commodity pack” means a packaged or wrapped unit of horticultural commod…
ORS 632.505 [Repealed by 2007 c.71 §190]
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[Repealed or reserved.]
ORS 632.510 [Repealed by 1955 c.239 §8]
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[Repealed or reserved.]