Title 49, Food and Other Commodities; Purity, Sanitation, Grades, Standards, Labels, Weights and Measures

(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 Dep…

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 co…

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 p…

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 deposi…

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 publis…

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…

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 co…

(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 …

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 …

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 r…

(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…

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, loa…

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 …

(1) As used in this section: (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…

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 …

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…

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]

(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)…

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 th…

(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. (2) All unshelled walnuts and unshelled…

(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 …

(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 agreemen…

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. EGGS (Processing and Sale)

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” …

(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:…

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. The department may not adopt or enforce a rule under this section …

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. Su…

(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 remi…

(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,…

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 63…

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 prom…

(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 a…

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 63…

(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 …

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 p…

As used in ORS 632.835 to 632.849: (1) “Cage-free housing system” means an indoor or outdoor controlled environment for egg-laying hens within which the hens: (a) May roam unrestricted, other than by external walls; (b) Are provided with enrichments that allow the hens to exhibit…

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 t…

(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: (a) Be designed to promote humane welfare standards; (b) Be effective in protecting con…

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…

(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. (2) Subsection (1) of this section…

(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. (2) Subsection …

ORS 632.835 to 632.849 do not apply to: (1) A commercial farm owner or operator with annual egg production from a flock of not more than 3,000 egg-laying hens; or (2) Eggs produced by a commercial farm owner or operator described in subsection (1) of this section. [2019 c.686 §5]…

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 O…

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 …

(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, st…

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…

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 t…

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 t…