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

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…

(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 request…

(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 fo…

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 depa…

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 i…

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 inter…

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 authorit…

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, …

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 …

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]

(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 Depa…

(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. (2) Violation of any provision of ORS 632.450 to 632.490 or of …

(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…

As used in ORS 633.006 to 633.089, unless the context requires otherwise: (1) “Animal feed manufacturing plant” means: (a) Any business, establishment, building, plant or place where commercial feed for animals is manufactured, mixed, processed or packed. (b) Vehicles used in tra…

(1) A person may not distribute a nonregistered commercial feed. Except as provided in subsections (2), (5) and (6) of this section, every brand, and each formula or formulation thereof, of commercial feeds manufactured, compounded, delivered or distributed in this state must be …

(1) Except as provided in subsection (3) of this section, commercial feed must have a label bearing the following information: (a) The product name and the brand name, if any, under which the feed is distributed. (b) The guaranteed analysis stated in such terms as the State Depar…

(1) A custom mixed feed delivered to a final consumer must be accompanied by at least one label, invoice, delivery slip or other shipping document that bears all of the following information: (a) The name and principal mailing address of the manufacturer. (b) The name and address…

(1)(a) A person may not operate an animal feed manufacturing plant, distribute commercial feeds other than at retail, be furnished a certificate of registration of a brand in this state, distribute a custom mixed feed manufactured for that person, or repackage or relabel a commer…

A person or contract feeder who manufactures, mixes or processes feeds in which drugs have been used so that the person or contract feeder is not exempt from the provisions of ORS 633.029, shall maintain an accurate record for at least one year from the date the drugs were so use…

A person may not distribute an adulterated commercial feed. A commercial feed is adulterated: (1) If any poisonous, deleterious or nonnutritive ingredient is present in the feed in sufficient amount to render the feed injurious to health when fed in accordance with directions for…

A person may not distribute misbranded commercial feed. A commercial feed is misbranded: (1) If its labeling is false or misleading in any particular. (2) If it is distributed under the name of another feed. (3) If it is not labeled as required by ORS 633.026 and by rules adopted…

(1) It shall be the duty of the State Department of Agriculture to sample, inspect, make analyses of, and test commercial feeds distributed within this state, at such times and places and to such an extent as may be necessary to determine whether or not such feeds are in complian…

The State Department of Agriculture may promulgate such rules and regulations for commercial feeds as are necessary for the administration and enforcement of ORS 633.006 to 633.089 and 633.992, including but not limited to additional definitions, licensing requirements, registrat…

(1) The State Department of Agriculture shall establish and maintain a procedure, plan and system whereby a farmer, contract feeder or other person actually feeding bulk commercial feed or custom mixed feed to animals may request the department to sample and provide special offic…

The State Department of Agriculture may cooperate with and enter into contracts and agreements with governmental agencies of this state, other states, the federal government, county governments of this state or municipalities in this state, in connection with the administration o…