ORS § 616.325 — OR Code / Title 49 / Chapter 616 / Section 616.325
616.325 Consumer commodity labeling requirements
Status: in_force

(1) All labels of consumer commodities shall conform to such requirements for the declaration of net quantity of contents as the State Department of Agriculture by rule may prescribe. In carrying out the provisions of this subsection, the department shall consider the requirements and exemptions provided in the federal Fair Packaging and Labeling Act, 15 U.S.C. 1451, et seq., as amended, and the rules promulgated pursuant thereto.

(2) The label of any package of a consumer commodity which bears a representation as to the number of servings of such commodity contained in such package shall bear a statement of the net quantity, in terms of weight, measure or numerical count, of each such serving.

(3) No person shall distribute or cause to be distributed in commerce any packaged consumer commodity if any qualifying words or phrases appear in conjunction with the separate statement of the net quantity of contents required by subsection (1) of this section, but nothing in this subsection prohibits supplemental statements, at other places on the package, describing in nondeceptive terms the net quantity of contents. Such supplemental statements of net quantity of contents shall not include any term qualifying a unit of weight, measure or count that tends to exaggerate the amount of the commodity contained in the package.

(4) Whenever the department determines that rules containing prohibitions or requirements other than those prescribed by subsection (1) of this section are necessary to prevent the deception of consumers or to facilitate value comparisons as to any consumer commodity, the department shall promulgate rules with respect to that commodity which:

(a) Establish and define standards for the characterization of the size of a package enclosing any consumer commodity, which may be used to supplement the label statement of net quantity of contents of packages containing such commodity. This paragraph shall not be construed as authorizing any limitation on the size, shape, weight, dimensions or number of packages which may be used to enclose any commodity;

(b) Regulate the placement upon any package containing any consumer commodity or upon any label affixed to such commodity, of any printed matter stating or representing by implication that such commodity is offered for retail sale at a price lower than the ordinary and customary retail sale or that a retail sale price advantage is accorded to purchasers thereof by reason of the size of that package or the quantity of its contents;

(c) Require that the label on each package of a consumer commodity bear the common or usual name of such consumer commodity, if any, and in case such consumer commodity consists of two or more ingredients, the common or usual name of each such ingredient listed in order of decreasing predominance. However, nothing in this paragraph requires that any trade secret be divulged; or

(d) Prevent the nonfunctional slack-fill of packages containing consumer commodities.

(5) For the purposes of subsection (4)(d) of this section, a package is nonfunctionally slack-filled if it is filled to substantially less than its capacity for reasons other than protection of the contents of such package or the requirements of machines used for enclosing the contents in such package. The department may adopt any rules promulgated by the federal government pursuant to the federal Fair Packaging and Labeling Act, 15 U.S.C. 1451, et seq. [1973 c.227 §24; 1975 c.304 §15]

Source: Section 616.325 — Consumer commodity labeling requirements; restrictions on consumer commodity distribution; rulemaking; conformance to federal standards , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 621.059 — OR Code / Title 49 / Chapter 621 / Section 621.059
621.059 Definitions and standards of identity for cheese
Status: in_force

The State Department of Agriculture may adopt rules establishing definitions and standards of identity for all types of cheese. To the extent that the department considers practicable and applicable in this state, the definitions and standards of identity established by rule of the department shall conform to the definitions and standards of identity made under 21 C.F.R. part 133. The department may change the definitions and standards of identity from time to time as the department considers desirable to conform with alterations or amendments to the federal definitions and standards of identity. [1999 c.197 §3]

Source: Section 621.059 — Definitions and standards of identity for cheese; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 624.570 — OR Code / Title 49 / Chapter 624 / Section 624.570
624.570 Food handler training requirement
Status: in_force

(1) Intentionally left blank —Ed.

(a) Except as provided in subsection (6) of this section, any person involved in the preparation or service of food in a restaurant or food service facility licensed under ORS 624.020 (License) or 624.320 (License requirement for commissary, warehouse, mobile unit or vending machine) must successfully complete a food handler training program and earn a certificate of program completion within 30 days after the date of hire. The person shall thereafter maintain a valid completion certificate at all times during the employment.

(b) A food handler training program offered by the Oregon Health Authority or the designated agent of the authority, or offered by a local public health authority or designated agent of the local public health authority that has been approved by the Oregon Health Authority, is valid in any jurisdiction in the state for the purpose of obtaining the certificate of completion under subsection (2) of this section.

(2) If a person successfully completes the food handler training program required in subsection (1) of this section and pays the appropriate fee, the Oregon Health Authority, a local public health authority or a designated agent shall issue a certificate of completion. A food handler certificate of completion expires three years after the date of issuance.

(3) All local public health authorities exercising powers, duties and functions pursuant to ORS 624.510 (Intergovernmental agreements with local public health authorities) , shall ensure the provision of food handler training programs within the jurisdiction of the local public health authority. The Oregon Health Authority shall establish and maintain food handler training programs in counties without authority delegated under ORS 624.510 (Intergovernmental agreements with local public health authorities) .

(4) The Oregon Health Authority shall establish by rule all provisions necessary to administer and enforce the provisions of this section, including but not limited to:

(a) Minimum standards for program content and delivery; and

(b) The establishment of minimum requirements for successful completion of the training.

(5) The Oregon Health Authority, a local public health authority or a designated agent shall charge a program fee to program participants. The program fee may not exceed $10. A program provider may assess a new program fee each time a participant takes or retakes all or part of a program or certification exam. A fee not exceeding $5 may be charged for duplicate certificates of completion.

(6) Persons involved in the preparation or service of food in an intermittent temporary restaurant, seasonal temporary restaurant or single-event temporary restaurant are not required to complete a food handler training program, but the intermittent temporary restaurant, seasonal temporary restaurant or single-event temporary restaurant shall have at least one person who has completed the food handler training program on the premises at all times. [1995 c.578 §13; 2001 c.975 §8a; 2003 c.309 §18; 2009 c.595 §1033; 2011 c.664 §14]

Source: Section 624.570 — Food handler training requirement; exception; certification; fees; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors624.­html (accessed May 26, 2025).
ORS § 634.520 — OR Code / Title 49 / Chapter 634 / Section 634.520
634.520 Report of sales to department
Status: in_force

(1) Any pesticide dealer licensed under ORS 634.112 (Renewal of licenses or certificates) who sells low-leaching tributyltin antifouling paint or coating shall submit a periodic report to the State Department of Agriculture.

(2) The report required under subsection (1) of this section shall be submitted to the department on a periodic basis as established by the department. The report shall include the following information about sales of low-leaching tributyltin antifouling paint or coating:

(a) The name of any person purchasing the paint or coating;

(b) The amount sold to each purchaser; and

(c) The use for which the purchaser certified the paint or coating was to be used. [1987 c.207 §6]

Source: Section 634.520 — Report of sales to department , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 632.290 — OR Code / Title 49 / Chapter 632 / Section 632.290
632.290 Acquiring of marked containers, supplies and equipment
Status: in_force

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 (Filing trademark for containers, equipment and supplies for fruit and vegetables) , 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 (Filing trademark for containers, equipment and supplies for fruit and vegetables) to 632.290 (Acquiring of marked containers, supplies and equipment) . [Formerly 616.620]

Source: Section 632.290 — Acquiring of marked containers, supplies and equipment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors632.­html (accessed May 26, 2025).
ORS § 616.723 — OR Code / Title 49 / Chapter 616 / Section 616.723
616.723 Exemption from ORS 616.695 to 616.755 for establishments in residential dwellings
Status: in_force

(1) As used in this section:

(a) “Food” and “food establishment” have the meanings given those terms in ORS 616.695 (Definitions for ORS 616.695 to 616.755) . “Food” does not include any article containing cannabis.

(b) “Potentially hazardous” means requiring temperature control due to the capacity to support the rapid and progressive growth of infectious microorganisms or the growth of toxic microorganisms.

(c) “Retailer” means a person who engages in the business of selling consumer goods to retail buyers. “Retailer” includes coffee shops and excludes restaurants.

(2) ORS 616.695 (Definitions for ORS 616.695 to 616.755) to 616.755 (Securing information from health officers) do not apply to a food establishment if:

(a) The food establishment is located in a residential dwelling;

(b) The foods prepared at the food establishment for public distribution are packaged and not potentially hazardous, including but not limited to baked goods, confectionary items, coffee beans, teas, popcorn, jams, jellies, honey, syrups, fruit butters, nut mixes, repackaged freeze-dried foods, repackaged dried and dehydrated foods and powdered drink mixes;

(c) The food bears on its label a statement and product information as described in subsection (6) of this section informing consumers that the product is not prepared in an inspected food establishment;

(d) The annual gross sales of foods prepared at the food establishment do not exceed $50,000, adjusted annually for inflation pursuant to the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor and rounded to the nearest $100; and

(e) Each individual involved in the preparation of food at the food establishment for public distribution has successfully completed a food handler training program and holds a certificate issued under ORS 624.570 (Food handler training requirement) .

(3) A person may not sell foods prepared in a food establishment described in subsection (2) of this section to an institution including, but not limited to, a caterer, school, day care center, hospital, nursing home, correctional facility or restaurant.

(4) A person may sell foods prepared in a food establishment described in subsection (2) of this section directly to the end user in any manner, including from the home, online, through the mail and at events.

(5) A person may sell packaged foods prepared in a food establishment described in subsection (2) of this section to a retailer if the retailer agrees to:

(a) Store and display the foods separately from other foods; and

(b) Clearly indicate in displaying the foods that the foods are homemade and not prepared in an inspected food establishment.

(6) Intentionally left blank —Ed.

(a) Except as provided in this paragraph, the label statement required under subsection (2) of this section is “This product is homemade, is not prepared in an inspected food establishment and must be stored and displayed separately if merchandised by a retailer.” The State Department of Agriculture may adopt rules specifying alternative wording for the label statement to the extent that alternative wording is necessary in order to comply with federal requirements.

(b) In addition to the statement required under paragraph (a) of this subsection, the label must disclose the following product information:

(A) The name and phone number for the food establishment;

(B) The address of the food establishment or the unique identification number for the food establishment provided under subsection (7) of this section;

(C) The name of the product;

(D) The ingredients of the product in descending order by weight;

(E) The net weight or net volume of the product;

(F) Any applicable allergen warnings as specified under federal labeling requirements;

(G) If the label provides any nutrient content claim, health claim or other nutritional information, product nutritional information as described in federal labeling requirements; and

(H) The presence of pets in the residential dwelling in which the food establishment is located, if any, and the potential for pet allergens.

(7) At the request of a food establishment described in subsection (2) of this section, the department shall provide to the food establishment a unique identification number that the food establishment may use on the label of a product under subsection (6) of this section. The department may establish and collect a reasonable fee to cover the cost of administering this subsection.

(8) Notwithstanding subsection (2) of this section, the department may require a food establishment described in subsection (2) of this section to become licensed under ORS 616.695 (Definitions for ORS 616.695 to 616.755) to 616.755 (Securing information from health officers) , if the food establishment refuses to comply with department rules requiring that the food establishment be constructed and maintained in a clean, healthful and sanitary condition.

(9) The department shall adjust annually the maximum dollar amount of annual gross sales described in subsection (2)(d) of this section.

(10) The department may not prohibit a food establishment located in a residential dwelling, including a food establishment licensed as a domestic kitchen, from selling foods on the basis that there are pets in the residential dwelling. The department shall prohibit pets from being in the food preparation area.

(11) A person operating a food establishment described in subsection (2) of this section must maintain accurate records of annual sales and the types of foods produced by the food establishment. The person must retain the records for not less than three years and make the records available for inspection by the department upon request. [2015 c.453 §2; 2017 c.21 §120; 2019 c.57 §31; 2023 c.211 §1]

Note: 616.723 (Exemption from ORS 616.695 to 616.755 for establishments in residential dwellings) was added to and made a part of ORS chapter 616 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 616.723 — Exemption from ORS 616.695 to 616.755 for establishments in residential dwellings; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 616.721 — OR Code / Title 49 / Chapter 616 / Section 616.721
616.721 Exemption from ORS 616.695 to 616.755 for federally inspected establishments
Status: in_force

(1) Except as provided in subsection (5) of this section, the provisions of ORS 616.695 (Definitions for ORS 616.695 to 616.755) to 616.755 (Securing information from health officers) do not apply to a food establishment that is subject to and is being inspected by a federal agency.

(2) To be exempt from the provisions of ORS 616.695 (Definitions for ORS 616.695 to 616.755) to 616.755 (Securing information from health officers) as set forth in subsection (1) of this section, a person shall file an application for such exemption on forms prescribed by the State Department of Agriculture.

(3) An applicant for renewal of a license, or any person operating under an exemption approved by the department, shall file an application for exemption with the department prior to December 15 of each year, covering the subsequent year of operation.

(4) An applicant to operate a new food establishment shall file an application and receive approval thereof, if any, prior to starting such business.

(5) Unless exempt from licensing as provided in ORS 616.711 (Where licenses not required) , food establishments exempt from certain provisions of ORS 616.695 (Definitions for ORS 616.695 to 616.755) to 616.755 (Securing information from health officers) as authorized in this section, shall be subject to the provisions of ORS 616.706 (Licenses) and shall be required to obtain and maintain licenses thereunder. [1965 c.501 §6; 1975 c.389 §6]

Source: Section 616.721 — Exemption from ORS 616.695 to 616.755 for federally inspected establishments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 619.010 — OR Code / Title 49 / Chapter 619 / Section 619.010
619.010 Definitions for ORS 619.010 to 619.026 and 619.036 to 619.066
Status: in_force

As used in ORS 619.010 (Definitions for ORS 619.010 to 619.026 and 619.036 to 619.066) to 619.026 (Meat preparation establishment sanitation requirements) and 619.036 (Sanitation and record inspections) to 619.066 (Labeling of meat products to conform to ORS chapters 616 and 618) :

(1) “Adulterated,” “misbranded” and similar terms or words have the same meaning and are defined as contained in ORS chapter 616, ORS 632.275 (Filing trademark for containers, equipment and supplies for fruit and vegetables) to 632.290 (Acquiring of marked containers, supplies and equipment) , 632.450 (Definitions for ORS 632.450 to 632.485) to 632.490 (Labeling fruit or vegetables as Oregon grown or packed) and 632.900 (“Horticultural and agricultural products” defined) to 632.985 (Transporting of agricultural or horticultural products subject to inspection) .

(2) “Animal food slaughtering or processing establishment” means any establishment as defined in subsection (8) of this section wherein animals are slaughtered or parts thereof prepared, offered for sale, sold or used in any manner as animal food.

(3) “Capable of use as human food” means any carcass, part of a carcass or meat product of any meat animal, which has not been denatured, or otherwise identified as required by rules prescribed by the department, to deter its use as human food, or which is naturally inedible by humans.

(4) “Custom processing establishment” means a stationary establishment wherein slaughtered meat animals, or meat, caused to be delivered by the owners thereof, are prepared for compensation, payment or remuneration of any kind, and are thereafter returned to the owner thereof or to the order of the owner.

(5) “Custom slaughtering establishment” means a mobile or stationary establishment wherein meat animals, caused to be delivered by the owners thereof, are slaughtered for compensation, payment or remuneration of any kind, and are thereafter returned to the owner thereof or to the order of the owner.

(6) “Department” means the State Department of Agriculture.

(7) “Equipment” means all machinery, fixtures, containers, vessels, tools, implements and apparatus used in and about an establishment.

(8) “Establishment” means and includes:

(a) Any building, structure or vehicle in which meat animals are slaughtered for consumption or meat products are prepared, sold, offered or held for sale.

(b) The ground upon which such place of business is operated or used, and so much ground adjacent thereto as is also used in carrying on the business of the establishment. The department may prescribe such additional area or places which, although they may not be contiguous or adjacent to the above area or establishment, may be included therein.

(9) “Federal Meat Inspection Act” means the Act so entitled approved March 4, 1907, (34 Stat. 1260), as amended by the Wholesome Meat Act (81 Stat. 584).

(10) “Food” means any article used for food or drink by humans or by dogs and cats.

(11) “Label” means a display of written, printed or graphic matter upon the immediate container, other than package liner, of any article. A requirement made under authority of ORS 576.024 (Department authorized to inspect records and businesses for economic study purposes) , 619.010 (Definitions for ORS 619.010 to 619.026 and 619.036 to 619.066) to 619.071 (Disposition of moneys received by department) , 619.370 (Labeling concerning addition of chemical preservative) and 619.993 (Criminal penalty for meat inspection law violations) that any word, statement or other information appears on a label has not been obeyed unless such word, statement or other information also appears on the outside container or wrapper, if any there be, of the retail package of such article, or unless such word, statement or information is easily legible through the outside container or wrapper.

(12) “Labeling” means all labels and other written, printed or graphic matter upon an article or any of its containers or wrappers, or accompanying such article.

(13) “Meat animal” means any vertebrate animal, except fish and aquatic mammals, not otherwise prohibited by law for sale for human consumption.

(14) “Meat” or “meat product” means any edible muscle, except any muscle found in the lips, snout or ears of meat animals, which is skeletal or found in the tongue, diaphragm, heart or esophagus, with or without any accompanying and overlying fat, and any portion of bone, skin, sinew, nerve or blood vessels normally accompanying the muscle tissue and not separated from it in the process of dressing or as otherwise prescribed by the department.

(15) “Meat by-product” means any edible part, other than meat, derived from one or more meat animals.

(16) “Official mark” means the official inspection legend or any other symbol prescribed by regulations of the department to identify the status of any article or animal.

(17) “Person” means any individual, partnership, association, incorporated or unincorporated business organization.

(18) “Poultry” means chickens, ducks, geese, turkeys, and all other domesticated fowls or birds.

(19) “Prepared” means ground, seasoned, canned, cooked, salted, frozen, smoked, cured, pickled, packed, boned, dried, cut up, wrapped or otherwise manufactured or processed.

(20) “Unwholesome” includes all meat or meat products which are diseased, contaminated, including drug or chemical residue, putrid, unsound, unhealthful or unfit for food. [Amended by 1957 c.104 §2; 1959 c.565 §2; 1973 c.174 §4; 1993 c.162 §2; 2001 c.104 §243]

Source: Section 619.010 — Definitions for ORS 619.010 to 619.026 and 619.036 to 619.066 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors619.­html (accessed May 26, 2025).
ORS § 625.030 — OR Code / Title 49 / Chapter 625 / Section 625.030
625.030 Application for bakery license
Status: in_force

Application for a bakery license shall be made in writing to the State Department of Agriculture on forms supplied by the department. After receipt of the application and the fees required by rules adopted under ORS 625.180 (License fees) , the department shall cause to be made a proper detailed inspection of the premises and equipment or of the plans and specifications of the bakery involved. If the department finds that the premises and equipment are or will be of a sanitary construction, design or condition and that the applicant has complied with and will be able to comply with ORS 625.010 (Definitions for ORS 625.010 to 625.270) to 625.270 (Unlawful sale prohibited) , the application shall be approved and the department shall issue to the applicant a numbered license certificate bearing the name and address of the licensee and of the premises licensed. [Amended by 2012 c.64 §27]

Source: Section 625.030 — Application for bakery license; inspection of premises and equipment; issuance of certificate , https://www.­oregonlegislature.­gov/bills_laws/ors/ors625.­html (accessed May 26, 2025).
ORS § 616.706 — OR Code / Title 49 / Chapter 616 / Section 616.706
616.706 Licenses
Status: in_force

(1) Except as otherwise provided in ORS 616.695 (Definitions for ORS 616.695 to 616.755) to 616.755 (Securing information from health officers) , a person may not operate a food establishment without first obtaining and thereafter maintaining a license under this section. A person shall make an application for a license to the State Department of Agriculture on forms prescribed by the department. Each license shall expire on June 30 next following the date of issuance or on such date as may be specified by department rule.

(2) The department may, subject to the applicable provisions of ORS chapter 183, suspend, revoke or refuse to issue a license if the licensee has violated any of the provisions of ORS 616.695 (Definitions for ORS 616.695 to 616.755) to 616.755 (Securing information from health officers) or rules adopted under ORS 616.695 (Definitions for ORS 616.695 to 616.755) to 616.755 (Securing information from health officers) .

(3) A license is personal to the applicant and may not be transferred. A new license is necessary if the business entity of the licensee is changed, or if the membership of a partnership is changed, irrespective of whether or not the business name is changed.

(4) The license shall cover all operations of the person licensed, under one entity or ownership. With prior approval of the department, the location of a licensed food establishment, or any part of a licensed food establishment, may be moved without the requirement of a new license if there is no change in the ownership or business entity.

(5) The license shall be posted in a conspicuous place in the main office of the food establishment. Duplicate copies of the license shall be conspicuously posted in branch offices, warehouses and other places owned or operated by the licensee at locations other than the main office. A license is automatically canceled if the food establishment ceases or discontinues operations or business.

(6) The department may adopt rules establishing license fee schedules for a food establishment:

(a) That is part of a domestic kitchen;

(b) That is a retail food store;

(c) That is a warehouse; or

(d) That is other than part of a domestic kitchen, retail food store or warehouse.

(7) The department may determine the license fee for a food establishment described in subsection (6)(b) to (d) of this section based upon the gross sales by the applicant. In establishing the amount of a license fee based upon gross sales by an applicant, the department shall use the annual gross dollar volume of sales of covered operations by that applicant within Oregon during the prior calendar year or, if the applicant maintains sales records on a fiscal basis, the prior fiscal year. If the applicant applying for an original license or for a renewal license cannot provide the annual gross dollar volume of sales of covered operations for a full calendar year, the department shall base the fee on estimated annual gross sales of covered operations by the applicant. If an applicant whose previous year’s fee was determined using an estimated gross sales of covered operations figure applies for renewal of that license, the fee for the previous license year shall be adjusted to reflect the actual gross dollar volume of sales of covered operations by the applicant.

(8) Except as provided in this subsection, the department may not adopt a rule under this section to establish a license fee that is more than three percent higher than the license fee charged during the preceding year for a food establishment of the same type and having the same volume of gross sales. 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. License fee schedules adopted under this section may not change the amount of the same license fee more frequently than once each year. [1965 c.501 §3; 1975 c.389 §3; 1979 c.183 §2; 1982 s.s.1 c.4 §4; 1991 c.632 §2; 2005 c.735 §§3,4; 2007 c.768 §§22,23; 2012 c.64 §3]

Note: The amendments to 616.706 (Licenses) by section 37, chapter 64, Oregon Laws 2012, become operative July 1, 2026. See section 45, chapter 64, Oregon Laws 2012, as amended by section 10, chapter 386, Oregon Laws 2019. The text that is operative on and after July 1, 2026, including amendments by section 2, chapter 386, Oregon Laws 2019, is set forth for the user’s convenience.

616.706 (Licenses) . (1) Except as otherwise provided in ORS 616.695 (Definitions for ORS 616.695 to 616.755) to 616.755 (Securing information from health officers) , a person may not operate a food establishment without first obtaining and thereafter maintaining a license under this section. A person shall make an application for a license to the State Department of Agriculture on forms prescribed by the department. Each license shall expire on June 30 next following the date of issuance or on such date as may be specified by department rule.

(2) The department may, subject to the applicable provisions of ORS chapter 183, suspend, revoke or refuse to issue a license if the licensee has violated any of the provisions of ORS 616.695 (Definitions for ORS 616.695 to 616.755) to 616.755 (Securing information from health officers) or rules adopted under ORS 616.695 (Definitions for ORS 616.695 to 616.755) to 616.755 (Securing information from health officers) .

(3) A license is personal to the applicant and may not be transferred. A new license is necessary if the business entity of the licensee is changed, or if the membership of a partnership is changed, irrespective of whether or not the business name is changed.

(4) The license shall cover all operations of the person licensed, under one entity or ownership. With prior approval of the department, the location of a licensed food establishment, or any part of a licensed food establishment, may be moved without the requirement of a new license if there is no change in the ownership or business entity.

(5) The license shall be posted in a conspicuous place in the main office of the food establishment. Duplicate copies of the license shall be conspicuously posted in branch offices, warehouses and other places owned or operated by the licensee at locations other than the main office. A license is automatically canceled if the food establishment ceases or discontinues operations or business.

(6) The department may adopt rules establishing license fee schedules for a food establishment:

(a) That is part of a domestic kitchen;

(b) That is a retail food store;

(c) That is a warehouse; or

(d) That is other than part of a domestic kitchen, retail food store or warehouse.

(7) The department may determine the license fee for a food establishment described in subsection (6)(b) to (d) of this section based upon the gross sales by the applicant. In establishing the amount of a license fee based upon gross sales by an applicant, the department shall use the annual gross dollar volume of sales of covered operations by that applicant within Oregon during the prior calendar year or, if the applicant maintains sales records on a fiscal basis, the prior fiscal year. If the applicant applying for an original license or for a renewal license cannot provide the annual gross dollar volume of sales of covered operations for a full calendar year, the department shall base the fee on estimated annual gross sales of covered operations by the applicant. If an applicant whose previous year’s fee was determined using an estimated gross sales of covered operations figure applies for renewal of that license, the fee for the previous license year shall be adjusted to reflect the actual gross dollar volume of sales of covered operations by the applicant.

(8) The department may not adopt or enforce a rule under this section establishing a license fee that is higher than the license fee charged for the license year that began July 1, 2025, for an establishment of the same type and having the same volume of gross sales. License fee schedules adopted under this section may not change the amount of the same license fee more frequently than once each year.

Source: Section 616.706 — Licenses; sanctions; changes; posting; cancellation; fees; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 633.371 — OR Code / Title 49 / Chapter 633 / Section 633.371
633.371 Disposition of revenues
Status: in_force

The State Department of Agriculture shall deposit revenues received under ORS 633.311 (Definitions for ORS 633.311 to 633.479) to 633.479 (Fertilizer Research Committee) and 633.994 (Civil penalties for fertilizer law violations) in the Department of Agriculture Service Fund. The revenues deposited under this section are continuously appropriated to the department for the purpose of administering and enforcing ORS 633.311 (Definitions for ORS 633.311 to 633.479) to 633.479 (Fertilizer Research Committee) and 633.994 (Civil penalties for fertilizer law violations) . [2001 c.914 §11; 2009 c.97 §10]

Source: Section 633.371 — Disposition of revenues , https://www.­oregonlegislature.­gov/bills_laws/ors/ors633.­html (accessed May 26, 2025).
ORS § 633.336 — OR Code / Title 49 / Chapter 633 / Section 633.336
633.336 Additional label requirements for agricultural amendment
Status: in_force

In addition to the label requirements under ORS 633.321 (Label requirements for fertilizer, agricultural amendment, agricultural mineral and lime products) , the label for an agricultural amendment must include the following:

(1) A guaranteed analysis that contains the name and percentage of each substance intended to induce crop yields or plant growth or to produce any physical, microbial or chemical change in the soil, listed consecutively, followed by the percentage of inert ingredients.

(2) The purpose of the product.

(3) Directions for application. [2001 c.914 §6; 2009 c.97 §4]

Source: Section 633.336 — Additional label requirements for agricultural amendment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors633.­html (accessed May 26, 2025).
ORS § 624.550 — OR Code / Title 49 / Chapter 624 / Section 624.550
624.550 Local public health authority food service advisory committee
Status: in_force

An intergovernmental agreement described in ORS 624.510 (Intergovernmental agreements with local public health authorities) must encourage and authorize a local public health authority to which health enforcement powers, duties or functions have been delegated pursuant to ORS 624.510 (Intergovernmental agreements with local public health authorities) to appoint a food service advisory committee consisting of volunteer representatives from a cross section of the food service industry and the general public. A committee established by a local public health authority may:

(1) Make recommendations to the local public health authority regarding the administration and enforcement by the local authority of powers, duties and functions under an existing or proposed intergovernmental agreement; and

(2) Review and provide to the Oregon Health Authority an evaluation of the effectiveness of this chapter and any foodborne illness prevention program adopted by the Oregon Health Authority by rule under ORS 624.495 (Foodborne illness prevention program) . [1983 c.533 §8; 1985 c.519 §5; 2003 c.309 §17; 2009 c.595 §1032]

Source: Section 624.550 — Local public health authority food service advisory committee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors624.­html (accessed May 26, 2025).
ORS § 633.550 — OR Code / Title 49 / Chapter 633 / Section 633.550
633.550 Exemptions from labeling provisions
Status: in_force

(1) In the following cases agricultural, flower or vegetable seeds, or mixtures of agricultural, flower or vegetable seeds, or both, are exempt from the labeling provisions of ORS 633.520 (Labeling agricultural seed or bulk flower seed) , 633.531 (Labeling vegetable or flower seed weighing one pound or less) and 633.541 (Labeling vegetable seed weighing more than one pound) , except that any labeling or other representation that is made with respect to such seed shall conform to those sections:

(a) When sold to be recleaned before being sold, offered or exposed for sale for seeding purposes.

(b) When held in storage or consigned to a seed handling establishment for conditioning.

(c) When held, sold or exposed for sale for milling, food or feeding purposes only.

(d) When transported from field to conditioner and between conditioner and dealer. However, if labeled, the seed must be labeled accurately.

(2) Containers of agricultural, flower or vegetable seeds, or mixtures of agricultural, flower or vegetable seeds, or both, are exempt from the labeling provisions of ORS 633.520 (Labeling agricultural seed or bulk flower seed) , 633.531 (Labeling vegetable or flower seed weighing one pound or less) and 633.541 (Labeling vegetable seed weighing more than one pound) when such containers are filled in the presence of the purchaser from bins or other bulk display containers if such bins or bulk display containers are labeled with the information otherwise required to be present on individual packages of such seed. [Amended by 1955 c.379 §7; 1981 c.196 §2; 1995 c.371 §5; 2007 c.281 §5]

Source: Section 633.550 — Exemptions from labeling provisions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors633.­html (accessed May 26, 2025).
ORS § 621.060 — OR Code / Title 49 / Chapter 621 / Section 621.060
621.060 Establishing standards of quality and identity for fluid milk
Status: in_force

(1) The State Department of Agriculture shall establish official state standards of quality for all forms of fluid milk in the manner prescribed by ORS 632.900 (“Horticultural and agricultural products” defined) to 632.935 (Adoption of United States standards) .

(2) The standards of quality established for fluid milk shall be based upon:

(a) The health of the cows, sheep and goats;

(b) The physical facilities of dairy farms and milk processing plants;

(c) The standard of sanitary maintenance of dairy farms and milk processing plants including equipment used therein, the cleanliness of operating personnel and the cleanliness of adjacent land areas;

(d) The physical facilities for the transportation of fluid milk and the methods and standards of sanitary maintenance of those facilities;

(e) The quality and nutritional value of fluid milk as a human food as determined by examination; and

(f) Any other factor found by the department, upon hearing, to affect the quality, odor, flavor or wholesomeness of fluid milk.

(3) The department, by rule, may establish definitions and standards of identity for all types of fluid milk. To the extent that the department considers practicable and applicable in this state, the definitions and standards of identity established by rule of the department shall conform to the definitions and standards of identity made under 21 C.F.R. part 131. The department may change the definitions and standards of identity from time to time as the department considers desirable to conform with alterations or amendments to the federal definitions and standards of identity. [Amended by 1971 c.769 §1; 1981 c.523 §3; 1999 c.197 §8]

Source: Section 621.060 — Establishing standards of quality and identity for fluid milk; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 633.088 — OR Code / Title 49 / Chapter 633 / Section 633.088
633.088 Withdrawal from distribution of feeds sold or distributed in violation of law
Status: in_force

(1) When the State Department of Agriculture has reasonable cause to believe any quantity or lot of commercial feed is being sold or distributed in violation of ORS 633.006 (Definitions for ORS 633.006 to 633.089) to 633.089 (Disposition of moneys received by department) or rules promulgated thereunder, it may, in accordance with ORS 561.605 (Detention, seizure or embargo of agricultural products) and 561.620 (Procedure when products disposed of) , issue and enforce a written withdrawal from distribution order, directing the distributor thereof not to dispose of the quantity or lot of commercial feed in any manner until written permission is first given by the department. The department shall release the quantity or lot of commercial feed so withdrawn when said law and rules have been complied with.

(2) Any quantity or lot of commercial feed found by the department not to be in compliance with ORS 633.006 (Definitions for ORS 633.006 to 633.089) to 633.089 (Disposition of moneys received by department) or rules promulgated thereunder, may be seized by the department in accordance with the provisions of ORS 561.605 (Detention, seizure or embargo of agricultural products) to 561.620 (Procedure when products disposed of) . [1971 c.489 §9; 2007 c.71 §196]

Source: Section 633.088 — Withdrawal from distribution of feeds sold or distributed in violation of law; seizure of noncomplying feeds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors633.­html (accessed May 26, 2025).
ORS § 616.805 — OR Code / Title 49 / Chapter 616 / Section 616.805
616.805 Definitions for ORS 616.800 to 616.835 and 616.994
Status: in_force

As used in ORS 616.800 (Short title) to 616.835 (Rulemaking authority) and 616.994 (Criminal penalty for open date labeling law violations) , unless the context requires otherwise:

(1) “Food” means any substance used or intended to be used for human consumption as food, drink or condiment.

(2) “Open date” means a date clearly visible to retail consumers showing the pull date, packing date or other date described in ORS 616.835 (Rulemaking authority) (2).

(3) “Packing date” means the date specifying the time a perishable food was packaged in its final form for sale to the consumer.

(4) “Perishable food” means any food that may spoil or otherwise become unfit for human consumption because of its nature, type or physical condition. “Perishable food” includes, but is not limited to, fresh or processed meats, poultry, seafood, dairy products, bakery products, eggs in the shell, and foods that have been packaged or refrigerated. ORS 616.800 (Short title) to 616.835 (Rulemaking authority) and 616.994 (Criminal penalty for open date labeling law violations) shall not apply to fresh fruits or vegetables or to foods that have been canned or frozen.

(5) “Pull date” means, whichever is earlier, the date specifying the time:

(a) The perishable food manufacturer, processor or packager recommends that a perishable food should be removed from retail sale, allowing the consumer time for normal home consumption or use under proper care and storage conditions; or

(b) A perishable food should no longer be offered for sale or sold as fresh. A perishable food shall be considered fresh only so long as significant changes in appearance, taste, odor, nutritional value, or other indicia of quality or fitness for human consumption have not taken place or are not likely to have taken place under generally accepted food handling practices for that particular food. [1973 c.173 §3]

Source: Section 616.805 — Definitions for ORS 616.800 to 616.835 and 616.994 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 621.335 — OR Code / Title 49 / Chapter 621 / Section 621.335
621.335 Licenses to make and sell frozen desserts at wholesale
Status: in_force

(1) A person engaged in the business of freezing or making frozen desserts and then selling those frozen desserts at wholesale must obtain a license to carry on that business from the State Department of Agriculture as provided in this section. The person must obtain a separate license for each wholesale establishment operated by the person.

(2) Upon payment to the department of a license fee of $60, the department may issue a license to any applicant to make or freeze frozen desserts and then sell those frozen desserts at wholesale.

(3) The license shall expire on June 30 next following the date of its issuance or on such date as may be specified by department rule. A license is personal to the applicant and is not transferable. [Amended by 1959 c.343 §2; 1967 c.254 §3; 1983 c.4 §10; 1999 c.197 §45a; 2007 c.768 §30]

Source: Section 621.335 — Licenses to make and sell frozen desserts at wholesale; fees; expiration; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 622.250 — OR Code / Title 49 / Chapter 622 / Section 622.250
622.250 Application for new plats
Status: in_force

(1) Applicants for new oyster plats, in addition to submitting an application in compliance with ORS 622.230 (Conversion of plantations to plats) (1) and (2) and the submission of a fee of $250 per plat, shall cause notice of the application to be published once a week for two consecutive weeks in a newspaper of general circulation in each county where any area applied for, or any part thereof, is located. The notice must state the name of the applicant and the type of operation the applicant proposes to conduct and must describe the area to be planted with oysters.

(2) Not later than the 90th day after publication of the notice referred to in subsection (1) of this section, and upon finding that the notice complied with the requirements of subsection (1) of this section, the State Department of Agriculture may grant to the applicant the area applied for if the area is known to be available and if the department has classified the area as suitable for oyster cultivation.

(3) If the application referred to in this section is denied, the department shall provide the applicant with a written statement explaining the reason for the denial.

(4) Any person who holds an oyster plantation claim or plat that was in effect on June 1, 1997, may submit to the department an application to cultivate clams or mussels on not more than 20 percent of the lands subject to the claim or plat, but not less than one acre. Any such application must be in compliance with ORS 622.230 (Conversion of plantations to plats) (1) and (2) and be accompanied by a fee of $250 for each such claim or plantation. [Formerly 509.431; 1997 c.249 §189; 1997 c.375 §4; 2005 c.22 §438]

Source: Section 622.250 — Application for new plats; fee; notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors622.­html (accessed May 26, 2025).
ORS § 624.010 — OR Code / Title 49 / Chapter 624 / Section 624.010
624.010 Definitions for ORS 624.010 to 624.121
Status: in_force

As used in ORS 624.010 (Definitions for ORS 624.010 to 624.121) to 624.121 (State Food Service Advisory Committee) , unless the context requires otherwise:

(1) “Authority” means the Oregon Health Authority.

(2) “Bed and breakfast facility” means any establishment located in a structure designed for a single family residence and structures appurtenant thereto, regardless of whether the owner or operator of the establishment resides in any of the structures, that:

(a) Has more than two rooms for rent on a daily basis to the public; and

(b) Offers meal service as provided in ORS 624.046 (Bed and breakfast facility regulation) as part of the cost of the room.

(3) “Director” means the Director of the Oregon Health Authority.

(4) “Intermittent temporary restaurant” means an establishment:

(a) That operates temporarily at a specific location in connection with multiple public gatherings, entertainment events, food product promotions or other events, at least two of which are arranged for by different oversight organizations; and

(b) Where food is prepared or served for consumption by the public.

(5) “Limited service restaurant” means a restaurant serving only individually portioned prepackaged foods prepared from an approved source by a commercial processor and nonperishable beverages.

(6) “Operational review” means the examination of a plan of operation for an establishment in order to ensure that the proposed operation conforms with applicable sanitation standards.

(7) “Oversight organization” means an entity responsible for organizing, managing or otherwise arranging for a public gathering, entertainment event, food product promotion or other event, including but not limited to ensuring the availability of water, sewer and sanitation services.

(8) “Person” means a person as defined in ORS 174.100 (Definitions) , a public body as defined in ORS 174.109 (“Public body” defined) , the Oregon Health and Science University or the Oregon State Bar.

(9) “Restaurant,” except as provided in subsection (10) of this section, means an establishment:

(a) Where food or drink is prepared for consumption by the public;

(b) Where the public obtains food or drink so prepared in form or quantity consumable then and there, whether or not it is consumed within the confines of the premises where prepared; or

(c) That prepares food or drink in consumable form for service outside the premises where prepared.

(10) “Restaurant” does not mean a railroad dining car, bed and breakfast facility, intermittent temporary restaurant, seasonal temporary restaurant or single-event temporary restaurant.

(11) “Seasonal temporary restaurant” means an establishment:

(a) That operates at a specific location in connection with multiple public gatherings, entertainment events, food product promotions or other events that are arranged for by the same oversight organization; and

(b) Where food is prepared or served for consumption by the public.

(12) “Single-event temporary restaurant” means an establishment:

(a) That operates in connection with a single public gathering, entertainment event, food product promotion or other event; and

(b) Where food is prepared or served for consumption by the public. [Amended by 1953 c.177 §8; 1957 c.672 §1; 1959 c.153 §1; 1973 c.824 §1; 1973 c.825 §1; 1975 c.792 §1; 1979 c.236 §4; 1987 c.226 §1; 1991 c.468 §1; 1995 c.578 §1; 1999 c.351 §38; 2001 c.900 §210; 2001 c.975 §3; 2003 c.14 §375; 2009 c.595 §999; 2011 c.664 §5; 2013 c.306 §1; 2013 c.554 §7; 2019 c.13 §55]

Note: Section 1, chapter 975, Oregon Laws 2001, provides:

Sec. 1. A licensed limited service restaurant operating immediately prior to the effective date of the amendments to ORS 624.010 (Definitions for ORS 624.010 to 624.121) by section 3 of this 2001 Act [November 1, 2001] may continue to be licensed as a limited service restaurant while the restaurant:

(1) Continues to be owned or operated by the person that owned or operated the restaurant immediately prior to the effective date of the amendments to ORS 624.010 (Definitions for ORS 624.010 to 624.121) by section 3 of this 2001 Act; and

(2) Continues to serve only items that qualified the restaurant as limited service and were offered by the restaurant immediately prior to the effective date of the amendments to ORS 624.010 (Definitions for ORS 624.010 to 624.121) by section 3 of this 2001 Act. [2001 c.975 §1]

Source: Section 624.010 — Definitions for ORS 624.010 to 624.121 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors624.­html (accessed May 26, 2025).
ORS § 634.905 — OR Code / Title 49 / Chapter 634 / Section 634.905
634.905 When penalty payable
Status: in_force

(1) Any civil penalty under ORS 634.900 (Penalty for certain violations) shall be imposed as provided in ORS 183.745 (Civil penalty procedures) .

(2) Notwithstanding ORS 183.745 (Civil penalty procedures) , the person to whom the notice is addressed shall have 10 days from the date of service of the notice in which to make written application for a hearing before the Director of Agriculture. [1989 c.943 §3; 1991 c.734 §57; 1999 c.59 §186]

Source: Section 634.905 — When penalty payable; notice; hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 633.441 — OR Code / Title 49 / Chapter 633 / Section 633.441
633.441 Rules
Status: in_force

In accordance with the applicable provisions of ORS chapter 183, the State Department of Agriculture may adopt rules necessary to implement, administer and enforce ORS 633.311 (Definitions for ORS 633.311 to 633.479) to 633.479 (Fertilizer Research Committee) and 633.994 (Civil penalties for fertilizer law violations) , including but not limited to rules for:

(1) Fertilizer, agricultural amendment, agricultural mineral and lime product:

(a) Handling;

(b) Sampling;

(c) Storage;

(d) Labeling;

(e) Distribution;

(f) Definitions;

(g) Analysis;

(h) Records;

(i) Use;

(j) Minimum percentages;

(k) Investigational allowances; and

(L) Ingredients.

(2) Public access to product information of any fertilizer, agricultural amendment, agricultural mineral or lime product. [2001 c.914 §15]

Source: Section 633.441 — Rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors633.­html (accessed May 26, 2025).
ORS § 633.660 — OR Code / Title 49 / Chapter 633 / Section 633.660
633.660 Enforcement and administration
Status: in_force

The director shall enforce ORS 633.511 (Definitions for ORS 633.511 to 633.750) to 633.750 (Disposition of fees and charges paid under ORS 633.511 to 633.750) and 633.996 (Civil penalty for seed law violation) . However, the enforcement of certification regulations and the work of testing seeds and sampling, inspecting, sealing and certification labeling of tubers and horticultural plants and of agricultural, cereal grain, flower and vegetable seeds for certification, as provided by ORS 633.600 (Fees for seed tests) to 633.640 (Dean may employ assistants) , shall be done by the dean. [Amended by 1955 c.379 §13; 2007 c.281 §12]

Source: Section 633.660 — Enforcement and administration , https://www.­oregonlegislature.­gov/bills_laws/ors/ors633.­html (accessed May 26, 2025).
ORS § 621.730 — OR Code / Title 49 / Chapter 621 / Section 621.730
621.730 Department to provide testing
Status: in_force

(1) Within the availability of funds to be collected under ORS 621.740 (Liability for payment of fees) , the State Department of Agriculture shall maintain laboratory facilities and purchase necessary equipment and materials to carry out this section and ORS 621.720 (Testing for milk fat content required) , 621.740 (Liability for payment of fees) and 621.750 (Sampling and testing) .

(2) Any producer or other person engaged in the milk industry is authorized to request the department to provide and furnish official testing, retesting or duplicate testing of milk.

(3) A milk handler, dealer, licensee or purchaser of milk shall not terminate or threaten to terminate the purchase of milk from a producer or seller, or take or threaten to take other retaliatory action against a producer or seller of milk, because the producer or seller has exercised rights and privileges as authorized in this section. In addition to any action the department is authorized to take against any person taking retaliatory steps or procedures, the producer or seller of milk may also maintain an action for damages against the same person. The prevailing party in the action shall be entitled to reasonable attorney fees at trial and on appeal.

(4) The department may establish reasonable fees for enforcing and carrying out this section and ORS 621.720 (Testing for milk fat content required) , 621.740 (Liability for payment of fees) and 621.750 (Sampling and testing) , in amounts necessary to reimburse the department for the furnishing of services and materials as required thereunder. [1965 c.474 §3; 1979 c.499 §24; 1981 c.897 §73; 1999 c.197 §58]

Source: Section 621.730 — Department to provide testing; contracts of purchase not to be terminated; testing fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 625.212 — OR Code / Title 49 / Chapter 625 / Section 625.212
625.212 Definitions for ORS 625.215
Status: in_force

As used in ORS 625.215 (Prohibited bakery products) :

(1) “Bread” means white bread, milk bread, raisin bread, Vienna, French and Italian breads and other breads as identified in definitions and standards adopted by the State Department of Agriculture under ORS 625.160 (Powers of department) .

(2) “Buns” means white buns, hamburger buns, hot dog buns, raisin buns, sweet buns made with fillings or coatings and other buns as identified in definitions and standards adopted by the department under ORS 625.160 (Powers of department) . “Buns” does not include foods made with cake flour or other specialty flours.

(3) “Enriched” means the addition of vitamins, minerals and other nutrients to make enriched bread, enriched rolls or enriched buns as identified in definitions and standards adopted by the department under ORS 625.160 (Powers of department) .

(4) “Rolls” means white rolls, Parker House and other soft rolls, Vienna, Kaiser and other hard rolls, raisin rolls, sweet rolls made with fillings or coatings, doughnuts and other rolls as identified in definitions and standards adopted by the department under ORS 625.160 (Powers of department) . “Rolls” does not include foods made with cake flour or other specialty flours. [1971 c.176 §2; 1975 c.265 §2; 2005 c.22 §443; 2011 c.66 §1]

Source: Section 625.212 — Definitions for ORS 625.215 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors625.­html (accessed May 26, 2025).
ORS § 634.060 — OR Code / Title 49 / Chapter 634 / Section 634.060
634.060 Actions allowed by city, town, county or other political subdivision
Status: in_force

Notwithstanding ORS 634.057 (State preemption of local pesticide regulation) , a city, town, county or other political subdivision of this state may adopt a policy regarding the use of pesticides on property owned by the city, town, county or other political subdivision adopting the policy. [1996 c.10 §8 (enacted in lieu of 634.011)]

Source: Section 634.060 — Actions allowed by city, town, county or other political subdivision , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 622.246 — OR Code / Title 49 / Chapter 622 / Section 622.246
622.246 Purpose of water quality monitoring and analysis
Status: in_force

The Legislative Assembly finds and declares that it is the purpose of the pilot program established by ORS 622.243 (Water quality pilot project) to expand on the valuable work completed through the pilot project by the State Department of Agriculture authorized under section 7, chapter 814, Oregon Laws 2015, to increase the frequency of water quality monitoring and analysis related to the closure and opening of shellfish harvesting in Tillamook Bay. [2017 c.711 §2]

Note: See note under 622.243 (Water quality pilot project) .

Source: Section 622.246 — Purpose of water quality monitoring and analysis , https://www.­oregonlegislature.­gov/bills_laws/ors/ors622.­html (accessed May 26, 2025).
ORS § 618.131 — OR Code / Title 49 / Chapter 618 / Section 618.131
618.131 Weights and measures licenses in addition to other licenses
Status: in_force

(1) The licenses required by ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products) are in addition to any other licenses required by law.

(2) If ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products) and 618.991 (Penalties) are in conflict with any other statutes, ordinances or regulations, the provisions of ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products) and 618.991 (Penalties) take precedence. [1973 c.293 §53; 2005 c.22 §426]

Source: Section 618.131 — Weights and measures licenses in addition to other licenses; effect of conflicting laws , https://www.­oregonlegislature.­gov/bills_laws/ors/ors618.­html (accessed May 26, 2025).
ORS § 634.128 — OR Code / Title 49 / Chapter 634 / Section 634.128
634.128 Aerial pesticide applicator certificate
Status: in_force

(1) An individual may not spray or otherwise apply a pesticide by aircraft unless the individual holds a valid aerial pesticide applicator certificate issued by the State Department of Agriculture.

(2) The department may issue an aerial pesticide applicator certificate to an individual who:

(a) Is a licensed pesticide applicator, licensed public applicator, licensed noncommercial pesticide applicator or certified private applicator;

(b) Passes a national examination, or other examination approved by the department, testing the knowledge of the individual regarding proper spraying and other application of pesticides by aircraft;

(c) Holds a valid commercial pilot certificate for the type of aircraft to be used by the individual in applying pesticides;

(d) Has 50 or more hours of experience as a licensed pesticide applicator, licensed public applicator, licensed noncommercial pesticide applicator or certified private applicator, or as a pesticide trainee, public trainee or noncommercial pesticide trainee under the supervision of a certified aerial pesticide applicator, on flights conducted for the purpose of carrying out, or training to carry out, spraying or otherwise applying pesticides by aircraft; and

(e) Pays a certificate fee established by the department by rule.

(3) In determining appropriate examinations for approval under subsection (2)(b) of this section, the department shall give consideration to any examination of aerial pesticide applicator competency developed or approved by a national organization of state agencies that regulate agriculture.

(4) Intentionally left blank —Ed.

(a) The department shall establish a term for aerial pesticide applicator certificates, not to exceed five years. The department shall suspend or revoke the certificate if the certificate holder fails to maintain a valid pesticide applicator license, public applicator license, noncommercial pesticide applicator license or private applicator certificate. Except as provided in paragraph (b) of this subsection, an aerial pesticide applicator certificate may be renewed.

(b) The certificate holder may renew an aerial pesticide applicator certificate only if, during the preceding five years, the holder successfully completed at least 10 credit hours in programs of instruction or educational courses satisfactory to the department and related to the spraying or other application of pesticides by aircraft. In determining whether programs of instruction or educational courses are satisfactory for purposes of this subsection, the department shall consult with professional associations or other organizations serving aerial applicators of pesticides or with a national organization of state agencies that regulate agriculture. The department shall count any credit hours in satisfactory programs of instruction or educational courses described in this subsection toward any instruction or education requirements imposed by the department for the renewal of a pesticide applicator license or noncommercial pesticide applicator license.

(5) If a certificate holder is licensed as a public applicator, the certificate holder may spray or otherwise apply pesticides by aircraft only to properties described in ORS 634.116 (Pesticide operator license) (12). [2015 c.833 §3; 2015 c.833 §4; 2022 c.53 §7]

Source: Section 634.128 — Aerial pesticide applicator certificate; fee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 634.057 — OR Code / Title 49 / Chapter 634 / Section 634.057
634.057 State preemption of local pesticide regulation
Status: in_force

No city, town, county or other political subdivision of this state shall adopt or enforce any ordinance, rule or regulation regarding pesticide sale or use, including but not limited to:

(1) Labeling;

(2) Registration;

(3) Notification of use;

(4) Advertising and marketing;

(5) Distribution;

(6) Applicator training and certification;

(7) Licensing;

(8) Transportation;

(9) Packaging;

(10) Storage;

(11) Disclosure of confidential information; or

(12) Product composition. [1996 c.10 §6 (enacted in lieu of 634.009)]

Source: Section 634.057 — State preemption of local pesticide regulation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 624.041 — OR Code / Title 49 / Chapter 624 / Section 624.041
624.041 Rules
Status: in_force

The Oregon Health Authority shall make all rules necessary for the enforcement of ORS 624.010 (Definitions for ORS 624.010 to 624.121) to 624.121 (State Food Service Advisory Committee) , including such rules concerning the construction and operation of restaurants, bed and breakfast facilities, intermittent temporary restaurants, seasonal temporary restaurants and single-event temporary restaurants as are reasonably necessary to protect the public health of persons using these facilities. The rules shall provide for, but need not be restricted to, the following:

(1) A water supply adequate in quantity and safe for human consumption.

(2) Disposal of sewage, refuse and other wastes in a manner that will not create a nuisance or a health hazard.

(3) The cleanliness and accessibility of toilets and handwashing facilities.

(4) The cleanliness of the premises.

(5) The refrigeration of perishable foods.

(6) The storage of food for protection against dust, dirt and contamination.

(7) Equipment of proper construction and cleanliness of such equipment.

(8) The control of insects and rodents.

(9) The cleanliness and grooming of food workers.

(10) Exclusion of unauthorized persons from food preparation and storage areas.

(11) Review of proposed plans for the construction or remodeling of facilities subject to licensing under this chapter. [Formerly 624.100; 2009 c.595 §1002; 2011 c.664 §6]

Source: Section 624.041 — Rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors624.­html (accessed May 26, 2025).
ORS § 621.088 — OR Code / Title 49 / Chapter 621 / Section 621.088
621.088 Sale or possession of milk or cream to which water has been added
Status: in_force

A producer, producer-distributor, distributor, nonprocessing distributor or dairy products plant licensee shall not offer or expose for sale, sell, exchange, deliver, possess or control with intent to sell, expose for sale or deliver, purchase for resale or receive for manufacture, any milk or cream to which water has been added, as evidenced by official State Department of Agriculture laboratory testing, except as may be permitted by the department in:

(1) The reconstitution of fluid milk; or

(2) The transportation of the product containing added water to a dairy products plant for recovery of the milk food solids. [1955 c.714 §10; 1957 c.346 §1; 1979 c.320 §3; 1999 c.197 §16]

Source: Section 621.088 — Sale or possession of milk or cream to which water has been added , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 619.996 — OR Code / Title 49 / Chapter 619 / Section 619.996
619.996 Civil penalties
Status: in_force

(1) In addition to any penalty available under ORS 561.190 (Rules and regulations) or 619.993 (Criminal penalty for meat inspection law violations) , the State Department of Agriculture may impose a civil penalty for a violation of this chapter or of rules adopted under this chapter. 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.

(2) The department may adopt rules establishing a schedule of civil penalties that may be imposed under this section. Civil penalties imposed under this section may not exceed $10,000 for each violation.

(3) When the department imposes a civil penalty under subsection (1) of this section, the department shall impose the penalty in the manner provided by ORS 183.745 (Civil penalty procedures) , except that the written application for a hearing must be received by the department no later than 10 days after the date of mailing or personal service of the notice of civil penalty.

(4) Moneys received by the department from civil penalties imposed under this section shall be deposited in the General Fund to the credit of the Department of Agriculture Account. [2009 c.175 §14]

Source: Section 619.996 — Civil penalties; rules; hearing; disposition of moneys , https://www.­oregonlegislature.­gov/bills_laws/ors/ors619.­html (accessed May 26, 2025).
ORS § 619.046 — OR Code / Title 49 / Chapter 619 / Section 619.046
619.046 Rules
Status: in_force

(1) In accordance with the provisions of ORS chapter 183, the State Department of Agriculture may promulgate rules necessary to carry out and enforce the provisions of ORS 576.024 (Department authorized to inspect records and businesses for economic study purposes) , 619.010 (Definitions for ORS 619.010 to 619.026 and 619.036 to 619.066) to 619.071 (Disposition of moneys received by department) , 619.370 (Labeling concerning addition of chemical preservative) and 619.993 (Criminal penalty for meat inspection law violations) , including but not limited to:

(a) The establishment of conditions under which carcasses, meat and meat products of meat animals shall be stored or otherwise handled by any person engaged in buying, selling, freezing, storing, or transporting such articles, so as to assure that such articles will not be adulterated or misbranded when delivered to the consumer.

(b) The establishment of requirements for any person engaged in buying, selling or transporting dead, dying, disabled, or diseased meat animals, or parts thereof, to assure that such animals, or the unwholesome meat or meat products thereof, will be prevented from being used for human food.

(c) The establishment of minimum standards of quality and wholesomeness, and definitions and standards of identity for meat products. The definitions and standards so promulgated shall conform so far as practicable to the definitions and standards promulgated by authority of the United States and shall not be inconsistent with the definitions and standards promulgated by such federal authority under the Federal Meat Inspection Act. Such standards of quality and wholesomeness, and definitions and standards of identity shall be applicable to any establishment, retail meat market, grocery store or other place where meat products are prepared, sold, held or offered for sale.

(2) In promulgating such rules the department may consider:

(a) Meat inspection programs and standards of other states and of the United States;

(b) Economic, health and welfare consequences to this state which might result from the production, preparation, handling, sale or consumption of unwholesome meat or meat products;

(c) Necessary procedures required to prohibit the sale or consumption of unwholesome meat or meat products; and

(d) Minimum standards of refrigeration necessary to protect meat or meat products from spoilage, contamination and disease. [1973 c.174 §9; 1987 c.158 §120b]

Source: Section 619.046 — Rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors619.­html (accessed May 26, 2025).
ORS § 619.051 — OR Code / Title 49 / Chapter 619 / Section 619.051
619.051 Prohibited acts
Status: in_force

No person shall:

(1) Have in the person’s possession for any reason or purpose unwholesome meat or meat products that are not denatured and properly identified;

(2) Carry or transport, by vehicle or otherwise, the carcass or meat of any meat animal destined for sale or distribution as food, unless it is thoroughly protected from dust, dirt, flies or other contaminants;

(3) Sell, hold or offer for sale any meat product if such meat product is from a meat animal not slaughtered under the auspices of the meat and poultry inspection program of the United States Department of Agriculture if federal regulations have been established for the inspection of the meat animal; or

(4) Engage in an activity requiring a license under the provisions of ORS chapter 603 without first procuring such license from the State Department of Agriculture and maintaining it as prescribed in ORS chapter 603. [1973 c.174 §6; 1995 c.26 §1; 2003 c.14 §371]

Source: Section 619.051 — Prohibited acts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors619.­html (accessed May 26, 2025).
ORS § 624.036 — OR Code / Title 49 / Chapter 624 / Section 624.036
624.036 Exemption of confection operations from license requirements
Status: in_force

When the Oregon Health Authority determines that public health hazards are nonexistent, the authority may, by rule, exempt certain types of confection operations from the license requirements of ORS 624.010 (Definitions for ORS 624.010 to 624.121) to 624.121 (State Food Service Advisory Committee) . [Formerly 624.027; 2009 c.595 §1001]

Source: Section 624.036 — Exemption of confection operations from license requirements; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors624.­html (accessed May 26, 2025).
ORS § 624.070 — OR Code / Title 49 / Chapter 624 / Section 624.070
624.070 Examination of food and drink samples
Status: in_force

Samples of food, drink and other substances may be taken and examined by the Director of the Oregon Health Authority as often as may be necessary for the detection of unwholesomeness or adulteration. The director may condemn and forbid the sale of, or cause to be removed or destroyed, any food or drink which is unwholesome or adulterated. [Amended by 1953 c.177 §8; 1973 c.825 §8; 2009 c.595 §1006]

Source: Section 624.070 — Examination of food and drink samples; unwholesome or adulterated food and drink , https://www.­oregonlegislature.­gov/bills_laws/ors/ors624.­html (accessed May 26, 2025).
ORS § 632.920 — OR Code / Title 49 / Chapter 632 / Section 632.920
632.920 Compliance with Administrative Procedures Act
Status: in_force

The State Department of Agriculture shall comply with the requirements of ORS chapter 183 in adopting standards under ORS 632.905 (Grades and standards for horticultural and agricultural products and containers) or any alterations or modifications to such standards. [Formerly 616.425; 1979 c.91 §4]

Source: Section 632.920 — Compliance with Administrative Procedures Act , https://www.­oregonlegislature.­gov/bills_laws/ors/ors632.­html (accessed May 26, 2025).
ORS § 635.991 — OR Code / Title 49 / Chapter 635 / Section 635.991
635.991 Criminal penalties
Status: in_force

Violation of any provision of this chapter is a Class B misdemeanor. [1967 c.154 §8; 2011 c.597 §257]

Source: Section 635.991 — Criminal penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors635.­html (accessed May 26, 2025).
ORS § 616.223 — OR Code / Title 49 / Chapter 616 / Section 616.223
616.223 Processing of reclaimed fish for food banks
Status: in_force

(1) As used in this section:

(a) “Bycatch” means commercially caught fish of a species that was not targeted for harvesting.

(b) “Food bank” means a surplus food collection and distribution system operated and established to assist in bringing donated food to nonprofit charitable organizations and individuals for the purpose of reducing hunger and meeting nutritional needs.

(c) “Hold fish” means egg-bearing fish harvested as part of a species conservation, rehabilitation or enhancement program.

(d) “Reclaimed fish” means bycatch, hold fish or seized fish that a federal or state agency, or other persons acting pursuant to federal or state law, provides to a food bank.

(e) “Seized fish” means illegally caught fish confiscated by a federal or state agency.

(2) Notwithstanding ORS 616.210 (“Selling of food” construed) , if a food bank supplies reclaimed fish to a food establishment, payment by another food bank of all or part of the cost of the food establishment services does not cause the manufacturing, production, processing, packing, possession and holding of the reclaimed fish by the food establishment to be for purposes of sale or other commerce if:

(a) The food establishment wraps or packages the reclaimed fish in a manner not designed for retail sale; and

(b) Except as provided in subsection (5) of this section, the food establishment supplies the wrapped or packaged reclaimed fish only to food banks.

(3) Notwithstanding ORS 616.210 (“Selling of food” construed) , if a food bank supplies reclaimed fish to a food establishment, payment to the supplying food bank or the food establishment by another food bank of all or part of the cost of the food establishment services is not a sale or purchase of the reclaimed fish if:

(a) The food bank that supplied the reclaimed fish and each nonsupplying food bank that paid all or part of the cost of the food establishment services receives a share of the processed reclaimed fish as mutually determined by the food banks; and

(b) All food banks receiving a share of the processed reclaimed fish repackage, use or distribute the reclaimed fish only:

(A) For food bank purposes; and

(B) Without charge to the recipient.

(4) Payment by a food bank of all or part of the cost to process reclaimed fish may qualify under subsections (2) and (3) of this section regardless of whether the payment of costs occurs before, during or after the provision of processed reclaimed fish to the paying food bank.

(5) Intentionally left blank —Ed.

(a) A processing agreement between a food establishment and a food bank may provide for the food establishment to retain a mutually determined portion of reclaimed fish or to retain the byproducts of reclaimed fish. Notwithstanding ORS 616.210 (“Selling of food” construed) and except as provided in paragraph (d) of this subsection, food establishment retention of a portion of or of byproducts of reclaimed fish supplied by a food bank is not a sale, dispensing or giving of food by the food bank to the food establishment.

(b) Notwithstanding ORS 616.210 (“Selling of food” construed) and except as provided in paragraph (d) of this subsection, the provision of processed reclaimed fish to a food bank by a food establishment retaining a portion of or byproducts of the reclaimed fish is not a sale, dispensing or giving of food by the food establishment to the food bank.

(c) Food establishment retention of a portion of or byproducts of reclaimed fish under this subsection may include, but need not be limited to, retention for the purpose of offsetting all or part of the cost of food establishment services.

(d) This subsection does not apply to any retention of a portion of or byproducts of reclaimed fish that is contrary to federal law, or to federal or state agency restrictions or prohibitions, regarding the disposition of reclaimed fish or the byproducts of reclaimed fish.

(e) Any portion of or byproducts of reclaimed fish retained by a food establishment are subject to ORS 616.205 (Definitions for ORS 616.205 to 616.385) to 616.385 (Public hearing required for rules) .

(6) The distribution of reclaimed fish in this state by a food bank for food bank purposes without charge to the recipient is not distribution in commerce for purposes of ORS 616.215 (Prohibited acts) (4).

(7) Intentionally left blank —Ed.

(a) Except as provided in paragraph (c) of this subsection, processed reclaimed fish that a food establishment supplies to a food bank under this section is exempt from labeling requirements under ORS 616.205 (Definitions for ORS 616.205 to 616.385) to 616.385 (Public hearing required for rules) . The exemption granted under this paragraph is conditioned upon the reclaimed fish not being adulterated as described in ORS 616.205 (Definitions for ORS 616.205 to 616.385) to 616.385 (Public hearing required for rules) at the time the food bank takes possession of the reclaimed fish from the food establishment.

(b) Except as provided in paragraph (c) of this subsection, processed reclaimed fish that a food bank uses or distributes for food bank purposes without charge to the recipient, including but not limited to reclaimed fish that is repackaged or relabeled by the food bank prior to use or distribution, is exempt from labeling requirements under ORS 616.205 (Definitions for ORS 616.205 to 616.385) to 616.385 (Public hearing required for rules) . The exemption granted under this paragraph is conditioned upon the reclaimed fish not being adulterated as described in ORS 616.205 (Definitions for ORS 616.205 to 616.385) to 616.385 (Public hearing required for rules) at the time the food bank uses or distributes the reclaimed fish.

(c) Processed reclaimed fish described in paragraphs (a) and (b) of this subsection is not exempt from any labeling requirement under ORS 616.205 (Definitions for ORS 616.205 to 616.385) to 616.385 (Public hearing required for rules) regarding:

(A) The name and address of the food establishment;

(B) The common or usual name of the product;

(C) Ingredients;

(D) Manufacturing date or lot number; or

(E) Instructions for preservation, storage or other food safety measures. [2012 c.5 §2]

Note: 616.223 (Processing of reclaimed fish for food banks) was added to and made a part of 616.205 (Definitions for ORS 616.205 to 616.385) to 616.385 (Public hearing required for rules) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 616.223 — Processing of reclaimed fish for food banks; sale and purchase exemption , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 616.713 — OR Code / Title 49 / Chapter 616 / Section 616.713
616.713 Unauthorized food establishments
Status: in_force

(1) As used in this section:

(a) “Authorization” means a license, permit, certificate or other approval for the operation of a food establishment.

(b) “Food establishment” has the meaning given that term in ORS 616.695 (Definitions for ORS 616.695 to 616.755) .

(2) In addition to any other authority granted to the State Department of Agriculture, including, but not limited to, condemnation or closure authority under ORS 632.705 (Definitions for ORS 632.705 to 632.815) to 632.815 (Disposition of fees) or this chapter or ORS chapter 619, 621, 622, 624 or 625, the department may order the closure of a food establishment if:

(a) Department authorization for operation of the food establishment is required by law; and

(b) The authorization has not been obtained or has lapsed.

(3) Prior to ordering the closure of a food establishment under this section, the department shall give notice:

(a) As required under ORS 561.300 (Unpaid license fees) , if the authorization to operate the food establishment has lapsed.

(b) As provided by a rule of the department that allows not less than 45 days for compliance, if an authorization to operate the food establishment has not been obtained.

(4) After providing the notice required under subsection (3) of this section and prior to ordering the closure of a food establishment under this section, the department shall give notice to the owner or operator of the food establishment that the authorization required for operating the food establishment has not been obtained or has lapsed. The department shall send the notice to the owner or operator by certified mail addressed to the last-known address of the person on file with the department or, if none, to the address of the food establishment. The date of mailing must be at least 30 days prior to any order issued by the department under this section for closure of the food establishment.

(5) Food establishments for which the department may issue an order for closure under this section include, but are not limited to, establishments for which department authorization is required under ORS 603.025 (Licenses required) , 616.706 (Licenses) , 619.031 (Animal food slaughtering and processing establishments) , 621.161 (Operation of dairy products plant without license prohibited) , 621.335 (Licenses to make and sell frozen desserts at wholesale) , 622.080 (Certificate fees) , 625.020 (License required to operate bakery) , 625.080 (Distributor’s license required) , 625.180 (License fees) , 628.220 (License required for locker plant business) , 632.715 (Egg handler’s license) , 632.730 (Commercial egg breaker’s permit) or 635.027 (License required for manufacture of nonalcoholic beverage) . [2019 c.387 §2]

Note: 616.713 (Unauthorized food establishments) was added to and made a part of ORS chapter 616 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 616.713 — Unauthorized food establishments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 632.455 — OR Code / Title 49 / Chapter 632 / Section 632.455
632.455 Labeling container of horticultural products
Status: in_force

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]

Source: Section 632.455 — Labeling container of horticultural products , https://www.­oregonlegislature.­gov/bills_laws/ors/ors632.­html (accessed May 26, 2025).
ORS § 633.341 — OR Code / Title 49 / Chapter 633 / Section 633.341
633.341 Additional label requirements for agricultural mineral
Status: in_force

In addition to the label requirements under ORS 633.321 (Label requirements for fertilizer, agricultural amendment, agricultural mineral and lime products) , the label for an agricultural mineral must include the following:

(1) The percentage of calcium sulfate, expressed as CaSO4•2H2O or CaSO4, if the product is gypsum or plaster or is an agricultural mineral in which calcium sulfate is the principal ingredient.

(2) The percentage of all ingredients contained in the product, in terms prescribed by the State Department of Agriculture, for all other agricultural minerals or mixtures of agricultural minerals with a principal ingredient other than calcium sulfate. [2001 c.914 §7; 2009 c.97 §5; 2015 c.514 §7]

Source: Section 633.341 — Additional label requirements for agricultural mineral , https://www.­oregonlegislature.­gov/bills_laws/ors/ors633.­html (accessed May 26, 2025).
ORS § 624.420 — OR Code / Title 49 / Chapter 624 / Section 624.420
624.420 Abating or enjoining violations of ORS 624.310 to 624.430
Status: in_force

Any commissary, mobile unit or vending machine operated contrary to the provisions of ORS 624.310 (Definitions for ORS 624.310 to 624.430) to 624.430 (Fee payment) is a public nuisance and dangerous to health and may be abated or enjoined in the manner provided by law. [1963 c.575 §14]

Source: Section 624.420 — Abating or enjoining violations of ORS 624.310 to 624.430 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors624.­html (accessed May 26, 2025).
ORS § 634.036 — OR Code / Title 49 / Chapter 634 / Section 634.036
634.036 When pesticide is adulterated
Status: in_force

A pesticide shall be deemed to be adulterated if:

(1) It is a pesticide other than a herbicide, defoliant or desiccant, is intended for use on vegetation and contains any substance which is injurious to such vegetation when used as directed under normal growing conditions.

(2) The strength or purity of the pesticide is below the purported or professed standard of quality as expressed in its labeling, or any substance has been substituted wholly or in part for any ingredient of the pesticide, or any valuable constituent thereof has been omitted wholly or in part.

(3) The contents of the package or container of pesticide do not meet their purported standard of quality in any other manner.

(4) The contents of the package or container represented to be a pesticide are not definitely effective for the purpose for which recommended. [1973 c.341 §12]

Source: Section 634.036 — When pesticide is adulterated , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 618.146 — OR Code / Title 49 / Chapter 618 / Section 618.146
618.146 Term of licenses
Status: in_force

(1) All weighing and measuring instrument or device licenses issued under ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products) expire on June 30 next after the date of issuance or on such date as may be specified by rule of the State Department of Agriculture.

(2) In accordance with the provisions of ORS chapter 183, any license issued under ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products) may be suspended or revoked by the department if the instrument or device is operated or used contrary to ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products) or rules promulgated pursuant thereto. [1973 c.293 §33; 2005 c.22 §427; 2007 c.768 §24]

Source: Section 618.146 — Term of licenses; suspension and revocation of licenses , https://www.­oregonlegislature.­gov/bills_laws/ors/ors618.­html (accessed May 26, 2025).
ORS § 634.316 — OR Code / Title 49 / Chapter 634 / Section 634.316
634.316 List of highly toxic and restricted-use pesticides
Status: in_force

The State Department of Agriculture may establish, maintain and amend lists of pesticides and devices which are highly toxic or restricted-use pesticides or devices. [1973 c.341 §8]

Source: Section 634.316 — List of highly toxic and restricted-use pesticides , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 628.310 — OR Code / Title 49 / Chapter 628 / Section 628.310
628.310 Use of nontoxic marking
Status: in_force

In applying marks directly to meat or other food products, the operator of a refrigerated locker room shall use only nontoxic ink or other harmless substance.

Source: Section 628.310 — Use of nontoxic marking , https://www.­oregonlegislature.­gov/bills_laws/ors/ors628.­html (accessed May 26, 2025).
ORS § 616.028 — OR Code / Title 49 / Chapter 616 / Section 616.028
616.028 State Department of Agriculture administration and enforcement of federal or interstate food safety systems
Status: in_force

(1) Consistent with the terms of the federal FDA Food Safety Modernization Act (P.L. 111-353) or interstate food safety systems authorized under the federal Act, the State Department of Agriculture may administer and enforce duties, functions and powers that include, but are not limited to:

(a) Conducting inspections to ensure that a farm or a food facility is complying with department rules adopted under this section;

(b) Providing food facilities with documentation of licenses, inspection reports or other evidence of state oversight that federal guidelines developed under or in relation to the federal Act require as assurance that a food facility is in compliance with state, local or other nonfederal food safety laws;

(c) Entering into intergovernmental agreements, contracts, memoranda of understanding or other arrangements for the administration and enforcement of the interstate food safety systems;

(d) Facilitating partnerships of state agencies with federal, local and private sector entities to help coordinate and enhance the protection of agriculture and food systems;

(e) Providing for the regular and timely exchange of information relating to the security of agriculture and food systems, including but not limited to information for food tracing;

(f) Assisting in the development and adoption of science-based minimum standards for the safe production and harvesting of agricultural products;

(g) Coordinating with federal, local and private sector entities to develop and employ best practices for preparedness and response plans for agriculture and food defense;

(h) Protecting the economy and public health from the effects of:

(A) Animal or plant disease outbreaks;

(B) Food contamination; and

(C) Natural disasters affecting agriculture and food;

(i) Imposing reasonable fees for services; and

(j) Assessing civil penalties or other sanctions to the extent authorized under the federal Act or an interstate food safety system.

(2) The department may adopt rules for the purpose of carrying out any department duties, functions and powers authorized under this section. The rules may include, but need not be limited to, the adoption by reference, in modified or unmodified form, of any statutes, regulations, guidelines or other provisions, or of any standards, practices or requirements, used by the federal government with regard to the federal Act or by the federal government or other parties with regard to interstate food safety systems authorized under the federal Act.

(3) The authority granted to the department under this section is in addition to, and not in lieu of, any other lawful authority granted to the department under state or federal law to administer and enforce standards, practices or requirements related to food safety. [2017 c.303 §1]

Note: 616.028 (State Department of Agriculture administration and enforcement of federal or interstate food safety systems) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 616 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 616.028 — State Department of Agriculture administration and enforcement of federal or interstate food safety systems; rules; penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 622.015 — OR Code / Title 49 / Chapter 622 / Section 622.015
622.015 Shellfish policy
Status: in_force

(1) The Legislative Assembly finds and declares that it is the policy of the State of Oregon to seek opportunities to:

(a) Enhance and expand cultivated shellfish production;

(b) Conserve, protect and restore wild populations of native shellfish; and

(c) Improve water quality and the health of aquatic and marine habitats.

(2) In furtherance of the policy declared by this section, it is the intent of the Legislative Assembly that the state develop and adopt a shellfish initiative to prioritize and implement strategies for achieving protection of native shellfish and the enhancement of shellfish production. [2015 c.814 §1]

Note: 622.015 (Shellfish policy) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 622 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 622.015 — Shellfish policy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors622.­html (accessed May 26, 2025).
ORS § 616.250 — OR Code / Title 49 / Chapter 616 / Section 616.250
616.250 When food deemed misbranded
Status: in_force

A food shall be deemed to be misbranded:

(1) If its labeling is false or misleading in any particular, or fails to conform to ORS 616.325 (Consumer commodity labeling requirements) .

(2) If it is offered for sale under the name of another food.

(3) If it is an imitation of another food, unless its label bears in type of uniform size and prominence the word “imitation” and, immediately thereafter, the name of the food imitated.

(4) If its container is so made, formed or filled as to be misleading.

(5) If in package form:

(a) Unless it bears a label containing:

(A) The name and place of business of the manufacturer, packer or distributor; and

(B) An accurate statement of the net quantity of the contents in terms of weight, measure, volume or numerical count. The statement shall be separately and accurately stated upon the principal display panel of the label.

(b) The same reasonable variations allowed in ORS chapter 618 shall be permitted.

(c) Exemptions as to small packages shall be established by rules promulgated by the State Department of Agriculture.

(6) If any word, statement or other information required by or under authority of ORS 616.205 (Definitions for ORS 616.205 to 616.385) to 616.295 (Reports and information issuable by department) to appear on the label or labeling is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs or devices, in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

(7) If it purports to be or is represented as a food for which a definition and standard of identity has been prescribed by rule as provided by ORS 616.230 (Definitions and standards) , unless it conforms to such definition and standard and its label bears the name of the food specified in the definition and standard, and, in so far as may be required by such rule, the common names of optional ingredients, other than spices, flavoring and coloring present in such food.

(8) If it purports to be or is represented as a food for which a standard of quality has been prescribed by rule as provided by ORS 616.230 (Definitions and standards) and its quality falls below the standards such rule specifies, a statement that it falls below such standard.

(9) If it is a food for which a standard or standards of fill of container have been prescribed by rule as provided by ORS 616.230 (Definitions and standards) , and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as such rule specifies, a statement that it falls below such standard.

(10) If it is not subject to the provisions of subsection (7) of this section, unless its label bears:

(a) The common or usual name of the food, if any there be; and

(b) In case it is fabricated from two or more ingredients, the common or usual name of each such ingredient.

However, spices, flavorings and colorings, other than those sold as such, may be designated as spices, flavorings and colorings, without naming them. To the extent that compliance with the requirements of paragraph (b) of this subsection is impractical or results in deception or unfair competition, exemptions shall be established by rule promulgated by the department.

(11) If it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral and other dietary properties as the department determines to be, and by rule prescribed as, necessary in order to fully inform purchasers as to its value for such uses.

(12) If it bears or contains any artificial flavoring, artificial coloring or chemical preservative, unless it bears labeling stating that fact. To the extent that compliance with the requirements of this subsection is impracticable, exemptions shall be established by rule promulgated by the department. This subsection and subsections (7) and (10) of this section with respect to artificial coloring do not prohibit the use of harmless coloring matter in butter, cheese or ice cream. The provisions of this subsection with respect to chemical preservatives do not apply to a pesticide chemical when used in or on a raw agricultural commodity which is the product of the soil.

(13) If it is a raw agricultural commodity which is the product of the soil, bearing or containing a pesticide chemical applied after harvest, unless the shipping container of such commodity bears labeling which declares the presence of such chemical in or on such commodity and the common or usual name and the function of such chemical. However, no such declaration is required while such commodity, having been removed from the shipping container, is being held or displayed for sale at retail out of such container in accordance with the custom of the trade.

(14) If following the labeled directions or instructions on the product in using it as a food ingredient will result in the final food being adulterated or misbranded.

(15) If it is a color additive, unless its packaging and labeling are in conformity with the packaging and labeling requirements applicable to such color additive prescribed under the provisions of the federal Act.

(16) If it has been salvaged, unless it bears labeling or notification stating that fact. For the purposes of this subsection, “salvaged” means the reconditioning, repacking, relabeling, cleaning or culling of foods that have been damaged or adulterated as a result of fire, storm, flood, water, smoke, chemicals, radiation or commercial transit accident. [Amended by 1953 c.267 §2; 1973 c.227 §8; 1973 c.563 §1; 1983 c.740 §232; 1989 c.1025 §9; 2001 c.320 §4]

Source: Section 616.250 — When food deemed misbranded; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 625.150 — OR Code / Title 49 / Chapter 625 / Section 625.150
625.150 Sanitary regulations
Status: repealed

The State Department of Agriculture shall prescribe reasonable sanitation requirements, not inconsistent with existing laws or regulations issued thereunder, governing the storing, handling, mixing, preparation, processing, manufacture, transportation and distribution of bakery products, and the design, construction, installation, maintenance, use, care and cleaning of utensils and equipment used therein or in connection therewith. Upon promulgation of any such regulation, any violation thereof is punishable as provided in ORS 625.990 (Penalties) and 625.995 (Civil penalties) . Any such regulation may be amended, altered or repealed by the department. [Amended by 1987 c.472 §8; 2009 c.175 §19]

Source: Section 625.150 — Sanitary regulations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors625.­html (accessed May 26, 2025).
ORS § 621.122 — OR Code / Title 49 / Chapter 621 / Section 621.122
621.122 Prohibitions regarding sales, pasteurization, sampling, weighing, grading and containers
Status: in_force

(1) A person shall not operate or permit the operation of any pasteurization equipment except under the direct personal supervision of a person licensed as a pasteurizer operator under ORS 621.266 (Pasteurizer operator license) .

(2) A distributor, producer-distributor or dairy products plant licensee shall not sell, offer or expose for sale any milk or cream that has not been pasteurized or produced by a disease-free goat or sheep herd, except to another distributor, producer-distributor or dairy products plant licensee for the manufacture of milk, fluid milk or dairy products.

(3) Except as permitted by ORS 621.003 (Definitions) , 621.012 (Exception for small-scale on-farm sales) , 621.060 (Establishing standards of quality and identity for fluid milk) and 621.076 (Container labeling) , a person shall not knowingly sell, offer or expose for sale any milk or cream that has not been pasteurized or produced by a disease-free goat or sheep herd, except to a distributor, producer-distributor or dairy products plant licensee for the manufacture of milk, fluid milk or dairy products.

(4) A distributor, producer-distributor or dairy products plant licensee shall not sell, offer or expose for sale any milk, fluid milk or dairy product processed or manufactured by the distributor, producer-distributor or licensee unless all of the milk or cream constituents from cows have been pasteurized and all milk or cream constituents from goats or sheep were produced by a disease-free herd or have been pasteurized.

(5) A person shall not knowingly sell, offer or expose for sale any dairy product unless all of the milk or cream constituents of the product from cows have been pasteurized and all constituents from goats or sheep were produced by a disease-free herd or have been pasteurized.

(6) Excepting cottage cheese and any cheese required to be pasteurized by rule of the State Department of Agriculture, the pasteurization requirement of subsections (4) and (5) of this section shall not apply to cheese that has been aged for at least 60 days from the date of manufacture. The manufacture date must appear on the cheese or its container.

(7) A person shall not falsely represent by word, design, device or by any other means that any milk, cream, fluid milk, dairy product, frozen dessert mix or frozen dessert has been pasteurized.

(8) A distributor, producer-distributor or dairy products plant licensee must provide for the grading of all milk transported, received or purchased by the distributor, producer-distributor or licensee as required by ORS 621.056 (Employment of grader) , 621.057 (Record of grade of milk) , 621.084 (Weighing, sampling and testing fluid milk) and 621.226 (Condemnation of unlawful milk, cream, dairy product or fluid milk) and regulations adopted under ORS 621.096 (Regulations regarding weighing, sampling and testing) .

(9) A person shall not alter, remove or tamper with any condemnation tag affixed by the State Department of Agriculture or a grader pursuant to the provisions of ORS 621.203 (Condemnation of unfit container and its contents) or 621.226 (Condemnation of unlawful milk, cream, dairy product or fluid milk) .

(10) A distributor, producer-distributor or dairy products plant licensee or grader shall not:

(a) Negligently sample, weigh or test any milk or cream.

(b) Fraudulently manipulate any weight, sample or test of milk or cream.

(c) Make a false entry or record of the weight, or test of milk or cream on any statement, record or invoice. [Formerly 621.286]

Source: Section 621.122 — Prohibitions regarding sales, pasteurization, sampling, weighing, grading and containers; prohibited acts of licensees; pasteurization exemption , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 634.557 — OR Code / Title 49 / Chapter 634 / Section 634.557
634.557 Biennial reporting of telephone line operations
Status: in_force

The State Department of Agriculture shall report biennially to the Legislative Assembly regarding the operation of the pesticide incident telephone line required under ORS 634.555 (Pesticide incident telephone line) . The report may include, but need not be limited to, any recommendations of the department or the Pesticide Analytical and Response Center for legislation regarding the telephone line. [2015 c.833 §16]

Source: Section 634.557 — Biennial reporting of telephone line operations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 616.761 — OR Code / Title 49 / Chapter 616 / Section 616.761
616.761 Standards of identity and quality for olive oil
Status: in_force

(1) As used in this section, “olive oil” means oil derived from the fruit of the species Olea europaea L.

(2) The State Department of Agriculture shall adopt rules under ORS 616.205 (Definitions for ORS 616.205 to 616.385) to 616.385 (Public hearing required for rules) establishing standards of identity and quality and labeling requirements for olive oil sold in this state including, but not limited to, standards and requirements for ordinary virgin oil, virgin oil, extra virgin oil and olive-pomace oil and definitions, requirements and prohibitions regarding imitation olive oil. In establishing or amending standards and requirements under this section, in addition to the definitions and standards described under ORS 616.230 (Definitions and standards) and 616.325 (Consumer commodity labeling requirements) , the department shall give consideration to any definitions and standards used by a federal agency, another state or an organization administering a regional, multiregional, national or international agreement on olive oil. [2009 c.564 §2]

Source: Section 616.761 — Standards of identity and quality for olive oil; prohibition of imitation olive oil; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 621.092 — OR Code / Title 49 / Chapter 621 / Section 621.092
621.092 Right of producer to be present at weighing, sampling or testing and to have own tests made
Status: in_force

The producer of milk or cream, or the producer’s agent, has the right to be present while the distributor, producer-distributor or dairy products plant licensee weighs, samples or tests the milk or cream, and to take samples of the milk or cream and have them privately tested. At the request of any producer, a distributor, producer-distributor or dairy products plant licensee shall notify the producer of the time and place where the milk or cream will be weighed, sampled or tested. [Formerly 621.241]

Source: Section 621.092 — Right of producer to be present at weighing, sampling or testing and to have own tests made , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 634.505 — OR Code / Title 49 / Chapter 634 / Section 634.505
634.505 Prohibition against sale of compound that releases certain substances in water
Status: in_force

Except as provided in ORS 634.510 (Conditions for sale) to 634.520 (Report of sales to department) , a person may not sell, offer to sell or use in this state tributyltin-based marine antifouling paint or coating unless a method of using such paint or coating exists that does not result in the release of tributyltin or derivative or organotin into the waters of the state. [1987 c.207 §3]

Source: Section 634.505 — Prohibition against sale of compound that releases certain substances in water; exception , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 616.718 — OR Code / Title 49 / Chapter 616 / Section 616.718
616.718 Waiver of routine inspection
Status: in_force

(1) Notwithstanding ORS 616.700 (Department to enforce sanitation requirements for food and food establishments) , the State Department of Agriculture may adopt rules waiving routine inspection for one or more types of food establishment if:

(a) The food establishment operations licensed under ORS 616.706 (Licenses) consist solely of selling prepackaged foods and beverages produced by a commercial food manufacturer or processor;

(b) The selling of food or beverages is not a major business activity of the food establishment as defined by the department; and

(c) In the opinion of the department, waiving the routine inspection does not present a significant risk to the public.

(2) A food establishment for which the department waives routine inspection as provided under subsection (1) of this section remains subject to inspection at the discretion of the department. [2011 c.127 §2]

Source: Section 616.718 — Waiver of routine inspection; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 624.370 — OR Code / Title 49 / Chapter 624 / Section 624.370
624.370 Inspection of commissary, warehouse, mobile unit or vending machine
Status: in_force

(1) At least once every six months, the Director of the Oregon Health Authority shall inspect every commissary and warehouse, and a representative number of each operator’s mobile units and vending machines. The director shall be granted access at reasonable times to all parts of the commissary and shall have access, either in the company of an employee or otherwise, to the interior of all vending machines or mobile units of the operator at such times as the director considers necessary to ensure compliance with the provisions of ORS 624.310 (Definitions for ORS 624.310 to 624.430) to 624.430 (Fee payment) .

(2) Samples of food, drink and other substances may be taken and examined by the director as often as may be necessary for the detection of unwholesomeness or adulteration. The director may condemn and prohibit the sale of or cause to be removed or destroyed, any food or drink which contains any toxic, contaminated, filthy, putrid, decomposed or diseased substance or if it is otherwise unfit for human consumption.

(3) One copy of the inspection report shall be posted by the director upon an inside wall of the commissary or placed in the mobile unit. The inspection report shall not be defaced or removed by any person except the director. A copy of the inspection report on vending machines shall be sent to the operator. Another copy of each inspection report shall be filed with the records of the Oregon Health Authority.

(4) If the director discovers the violation of any provision of ORS 624.310 (Definitions for ORS 624.310 to 624.430) to 624.430 (Fee payment) or any rule promulgated thereunder, the director shall make a second inspection after the lapse of such time as the director considers necessary for the defect to be remedied.

(5) If a violation is of a nature so as to constitute a danger to the health of the people of this state, the director may order immediate closure of the commissary, mobile unit, or vending machine and shall, within 24 hours of the time of inspection, mail to or serve personally on the licensee a copy of the inspection report signed by the director showing thereon the particular facility closed and the reason. The director shall, if requested, hold a hearing in accordance with ORS chapter 183. [1963 c.575 §8; 1973 c.825 §17; 1975 c.792 §2; 2009 c.595 §1022]

Source: Section 624.370 — Inspection of commissary, warehouse, mobile unit or vending machine; report of Director of Oregon Health Authority; hearing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors624.­html (accessed May 26, 2025).
ORS § 632.849 — OR Code / Title 49 / Chapter 632 / Section 632.849
632.849 Production exempt from compliance
Status: in_force

ORS 632.835 (Definitions for ORS 632.835 to 632.849) to 632.849 (Production exempt from compliance) 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]

GRADES, STANDARDS, INSPECTION AND CLASSIFICATION OF HORTICULTURAL AND AGRICULTURAL PRODUCTS

Source: Section 632.849 — Production exempt from compliance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors632.­html (accessed May 26, 2025).
ORS § 618.026 — OR Code / Title 49 / Chapter 618 / Section 618.026
618.026 Delegation of duties and powers of department and director
Status: in_force

Except for rulemaking, the duties and powers of the State Department of Agriculture and the Director of Agriculture pursuant to ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products) may be delegated at the discretion of the director. [1973 c.293 §14; 2005 c.22 §416]

Source: Section 618.026 — Delegation of duties and powers of department and director , https://www.­oregonlegislature.­gov/bills_laws/ors/ors618.­html (accessed May 26, 2025).
ORS § 628.260 — OR Code / Title 49 / Chapter 628 / Section 628.260
628.260 Furnishing copies of law to applicants for licenses
Status: in_force

Two copies of ORS 628.210 (Definitions for ORS 628.210 to 628.370) to 628.370 (Jurisdiction and prosecution of violations of ORS 628.210 to 628.370) and 628.990 (Criminal penalties) (2) shall be furnished each applicant for a license. One copy shall be posted in a conspicuous place in the plant operated by the licensee.

Source: Section 628.260 — Furnishing copies of law to applicants for licenses; posting copy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors628.­html (accessed May 26, 2025).
ORS § 633.479 — OR Code / Title 49 / Chapter 633 / Section 633.479
633.479 Fertilizer Research Committee
Status: in_force

(1) There is created the Fertilizer Research Committee to advise the Director of Agriculture on the funding of grants for research and development related to the interaction of fertilizer, agricultural amendment or agricultural mineral products and ground water or surface water. The committee shall consist of the director or the director’s designee and six members appointed by the director as follows:

(a) Two members of the public who have no involvement in the manufacture or distribution of fertilizer, agricultural amendment or agricultural mineral products;

(b) Three members representing the fertilizer, agricultural amendment or agricultural mineral industry; and

(c) One member representing Oregon State University.

(2) The term of each appointed member is two years, but a member serves at the pleasure of the director. Before the expiration of the term of a member, the director shall appoint a successor whose term begins on January 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the director shall make an appointment to become immediately effective for the unexpired term.

(3) The committee shall select one of its members as chairperson and another as vice chairperson, for such terms and with duties and powers the committee determines to be necessary for the performance of the functions of those offices.

(4) A majority of the members of the committee constitutes a quorum for the transaction of business.

(5) The committee shall meet at times and places specified by the call of the chairperson or of a majority of the members of the committee.

(6) The director may appoint an alternate committee member for each member of the committee. [2001 c.914 §19; 2009 c.97 §16]

Source: Section 633.479 — Fertilizer Research Committee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors633.­html (accessed May 26, 2025).
ORS § 633.733 — OR Code / Title 49 / Chapter 633 / Section 633.733
633.733 Legislative findings regarding seed regulation
Status: in_force

(1) As used in this section, “nursery seed” means any propagant of nursery stock as defined in ORS 571.005 (Definitions for ORS 571.005 to 571.230) .

(2) The Legislative Assembly finds and declares that:

(a) The production and use of agricultural seed, flower seed, nursery seed and vegetable seed and products of agricultural seed, flower seed, nursery seed and vegetable seed are of substantial economic benefit to this state;

(b) The economic benefits resulting from agricultural seed, flower seed, nursery seed and vegetable seed and seed product industries in this state make the protection, preservation and promotion of those industries a matter of statewide interest that warrants reserving exclusive regulatory power over agricultural seed, flower seed, nursery seed and vegetable seed and products of agricultural seed, flower seed, nursery seed and vegetable seed to the state; and

(c) The agricultural seed, flower seed, nursery seed and vegetable seed and seed product industries in this state will be adversely affected if those industries are subject to a patchwork of local regulations. [2013 s.s. c.4 §2]

Source: Section 633.733 — Legislative findings regarding seed regulation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors633.­html (accessed May 26, 2025).
ORS § 621.995 — OR Code / Title 49 / Chapter 621 / Section 621.995
621.995 Civil penalties
Status: in_force

(1) In addition to any penalty available under ORS 561.190 (Rules and regulations) or 621.991 (Criminal penalty) , the State Department of Agriculture may impose a civil penalty for a violation of ORS 621.056 (Employment of grader) , 621.057 (Record of grade of milk) , 621.062 (Deviation from standard of identity prohibited) , 621.070 (License required to use grade designation) , 621.072 (Issuance of license to use grade designation) , 621.076 (Container labeling) , 621.084 (Weighing, sampling and testing fluid milk) , 621.088 (Sale or possession of milk or cream to which water has been added) , 621.117 (Distributor or producer-distributor may sell only milk that is pasteurized or from disease-free goats or sheep) , 621.122 (Prohibitions regarding sales, pasteurization, sampling, weighing, grading and containers) , 621.124 (Milk not to be sold if from diseased animals or from animals that have not been tested or retested for brucellosis) , 621.161 (Operation of dairy products plant without license prohibited) , 621.166 (Application for dairy products plant license) , 621.183 (Prohibition against operating plant or facility that does not meet standards) , 621.198 (Prohibition against use or dealing with user of nonstandard bulk storage facilities) , 621.207 (Prohibition against unauthorized removal of condemnation tag or marking or use of container or its contents) , 621.226 (Condemnation of unlawful milk, cream, dairy product or fluid milk) , 621.259 (Pasteurization equipment) , 621.335 (Licenses to make and sell frozen desserts at wholesale) , 621.340 (Selling frozen dessert with excessive bacteria count prohibited) , 621.345 (Sale or offering for sale of nonconforming product prohibited) , 621.418 (Standards for imitation milk products) , 621.445 (Restrictions on serving colored butter substitute in public eating place) or 621.730 (Department to provide testing) or of rules, regulations or standards adopted under ORS 621.060 (Establishing standards of quality and identity for fluid milk) , 621.083 (Procedures and equipment for graders) , 621.096 (Regulations regarding weighing, sampling and testing) , 621.224 (Bacterial standards) or 621.261 (Regulations regarding equipment used in pasteurization process) . 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.

(2) The department may adopt rules establishing a schedule of civil penalties that may be imposed under this section. Civil penalties imposed under this section may not exceed $10,000 for each violation.

(3) When the department imposes a civil penalty under subsection (1) of this section, the department shall impose the penalty in the manner provided by ORS 183.745 (Civil penalty procedures) , except that the written application for a hearing must be received by the department no later than 10 days after the date of mailing or personal service of the notice of civil penalty.

(4) Moneys received by the department from civil penalties imposed under this section shall be deposited in the General Fund to the credit of the Department of Agriculture Account. [2009 c.175 §16]

Source: Section 621.995 — Civil penalties; rules; hearing; disposition of moneys , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 624.046 — OR Code / Title 49 / Chapter 624 / Section 624.046
624.046 Bed and breakfast facility regulation
Status: in_force

(1) The Oregon Health Authority shall allow a bed and breakfast facility to conduct food service operations for its patrons in rooms used by the owner or operator if the rooms in which food service operations are conducted:

(a) Are not used as sleeping quarters; and

(b) Are off-limits during meal hours to individuals not employed by the bed and breakfast facility.

(2) Except as provided in ORS 215.452 (Winery) or 215.453 (Large winery) , meal service in a bed and breakfast facility is limited to the preparation and service of breakfast. [Formerly 624.032; 2009 c.595 §1003; 2013 c.554 §8]

Source: Section 624.046 — Bed and breakfast facility regulation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors624.­html (accessed May 26, 2025).
ORS § 628.990 — OR Code / Title 49 / Chapter 628 / Section 628.990
628.990 Criminal penalties
Status: in_force

Violation of ORS 628.210 (Definitions for ORS 628.210 to 628.370) to 628.370 (Jurisdiction and prosecution of violations of ORS 628.210 to 628.370) is a Class A misdemeanor. [Amended by 1953 c.114 §2; 2011 c.597 §254]

Source: Section 628.990 — Criminal penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors628.­html (accessed May 26, 2025).
ORS § 616.330 — OR Code / Title 49 / Chapter 616 / Section 616.330
616.330 Alcoholic beverage exemption
Status: in_force

ORS 616.205 (Definitions for ORS 616.205 to 616.385) to 616.215 (Prohibited acts) , 616.225 (Disposal of adulterated, misbranded, unsound or unsafe food or consumer commodity) to 616.256 (Labeling exemption for foods to be repackaged) , 616.286 (Inspection and investigation powers of department) , 616.295 (Reports and information issuable by department) , 616.310 (Notice or warning of minor violations) , 616.315 (Jurisdiction of courts) , 616.325 (Consumer commodity labeling requirements) , 616.341 (Use of poisons, pesticides or food additives restricted) , 616.350 (Control of food additives) to 616.366 (Rules for use of poisons, pesticides, food or color additives) , 616.790 (Enforcement of ORS 616.775 to 616.790 by department) , 616.992 (General criminal penalty) , rules adopted by the Oregon Health Authority under ORS 616.077 (Oregon Health Authority rules) (1) and this section do not apply to alcoholic beverages. [1973 c.227 §25a; 1985 c.519 §4; 2009 c.595 §995]

Note: 616.330 (Alcoholic beverage exemption) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 616 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 616.330 — Alcoholic beverage exemption , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 633.511 — OR Code / Title 49 / Chapter 633 / Section 633.511
633.511 Definitions for ORS 633.511 to 633.750
Status: in_force

As used in ORS 633.511 (Definitions for ORS 633.511 to 633.750) to 633.750 (Disposition of fees and charges paid under ORS 633.511 to 633.750) :

(1) “Agricultural seed” means fiber, forage and grass crop seed and any other kind of seed or bulblet commonly recognized in this state as agricultural seed or as lawn or turf seed, and mixtures of any of such seeds, as may be determined by the Director of Agriculture.

(2) “Certified,” as applied to bulblets, tubers or horticultural plants or to agricultural, cereal grain, flower or vegetable seed, means inspected and labeled by and in accordance with the standards and rules and regulations adopted by the dean under ORS 633.620 (Certification of seeds, tubers and plants) or in accordance with similar standards established by some similar regularly constituted authority in another state or country.

(3) “Conditioner” means any person who cleans, blends, bags or stores seed.

(4) “Dean” means the Dean of the College of Agricultural Sciences of Oregon State University, or agent.

(5) “Director” means the Director of Agriculture, or agent.

(6) “Flower seed” means seeds of herbaceous plants grown for their blooms, ornamental foliage or other ornamental parts, and commonly known and sold in this state under the name of flower or wildflower seeds.

(7) “Inert matter” includes stones, dirt, leafage, stems, badly broken seed and masses of spores.

(8) “Labeling” includes all labels and other printed, written or graphic representations in any form on the container of any seeds or accompanying or pertaining to any seeds, whether in bulk or in containers, and includes representations on invoices.

(9) “Mixed seed” and “mixture” mean any lot of seed that contains in excess of five percent by weight of each of two or more kinds or varieties of agricultural, flower or vegetable seed.

(10) “Other crop seed” means that part of any lot or sample of seed that consists of agricultural, cereal grain, flower or vegetable seeds other than those named on the label.

(11) “Percentage of germination” means the percentage of pure seed of a lot or sample that produces satisfactory sprouts before the close of a standard germination test as prescribed pursuant to ORS 633.580 (Seed testing laboratory) .

(12) “Percentage of hard seed” means the percentage of pure seed of any lot or sample that remains in its normal hard condition at the close of a standard germination test as prescribed pursuant to ORS 633.580 (Seed testing laboratory) .

(13) “Prohibited noxious weed seed” means the seed of weeds that when established are highly destructive, competitive and difficult to control by ordinary good cultural practice.

(14) “Pure seed” means the agricultural, flower or vegetable seed of which there is the largest percentage by weight in any unmixed lot or sample and, in the case of mixtures, includes any agricultural, flower or vegetable seed consisting of not less than five percent by weight of the kind or kinds of seed under consideration, as distinguished from other crop seed, weed seed and inert matter.

(15) “Restricted noxious weed seed” means the seed of such weeds as are very objectionable in fields, lawns and gardens but can be controlled by good cultural practice.

(16) “Retailer” means any person who sells, offers or holds for sale, agricultural, flower or vegetable seed to ultimate consumers or users for planting purposes.

(17) “Vegetable seed” means the seed of those crops usually grown in Oregon in gardens or on truck farms or for canning and freezing purposes and generally known and sold under the name of vegetable seed.

(18) “Weed seed” means any seed or bulblets other than agricultural, cereal grain, flower or vegetable.

(19) “Wholesaler” means any person who sells, offers or holds for sale or contracts to obtain the production of, agricultural, flower or vegetable seed to retailers, distributors, brokers or other wholesalers for resale. [1955 c.379 §2; 1969 c.132 §1; 1977 c.625 §1; 1981 c.196 §1; 1995 c.79 §323; 1995 c.371 §1; 2003 c.14 §382; 2007 c.281 §1; 2011 c.356 §14]

Source: Section 633.511 — Definitions for ORS 633.511 to 633.750 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors633.­html (accessed May 26, 2025).
ORS § 628.280 — OR Code / Title 49 / Chapter 628 / Section 628.280
628.280 Inspection of plants
Status: in_force

The State Department of Agriculture shall cause a thorough inspection of every plant or establishment licensed under ORS 628.220 (License required for locker plant business) to 628.240 (License fees) to be made periodically, to determine whether or not the premises and equipment used in connection therewith are constructed, maintained and operated in accordance with the requirements of ORS 628.210 (Definitions for ORS 628.210 to 628.370) to 628.370 (Jurisdiction and prosecution of violations of ORS 628.210 to 628.370) and with the rules and regulations of the department thereunder promulgated. Such locker plants shall be maintained in a clean, healthful and sanitary condition at all times.

Source: Section 628.280 — Inspection of plants; maintenance in sanitary condition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors628.­html (accessed May 26, 2025).
ORS § 633.067 — OR Code / Title 49 / Chapter 633 / Section 633.067
633.067 Commercial feed law administration and enforcement
Status: in_force

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 (Definitions for ORS 633.006 to 633.089) to 633.089 (Disposition of moneys received by department) and 633.992 (Criminal penalties) , including but not limited to additional definitions, licensing requirements, registration and license fee requirements, labeling requirements, inspection and enforcement procedures, testing and analysis procedures, and enforcement of federal commercial feed programs under agreement with federal agencies. [1971 c.489 §6]

Source: Section 633.067 — Commercial feed law administration and enforcement; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors633.­html (accessed May 26, 2025).
ORS § 616.860 — OR Code / Title 49 / Chapter 616 / Section 616.860
616.860 Unit pricing of packaged consumer commodities required
Status: in_force

(1) Except as provided in ORS 616.855 (Items exempt from unit pricing requirements) and 616.865 (Temporary sale items exempt) , no person shall sell or offer for retail sale at a grocery store or food market any packaged consumer commodity unless there is clearly displayed upon the commodity package or at a place in reasonable proximity to where the commodity is offered for sale a statement of the unit retail price of the commodity pursuant to ORS 616.870 (Prescribed pricing by units of measurement) and the total retail price of the commodity.

(2) If the tag, stamp, sign or label used to display the unit retail price is not affixed directly to the consumer commodity, the tag, stamp, sign or label shall also contain the brand name and the quantity or size of the product by weight, measure or count.

(3) Whenever the State Department of Agriculture adopts administrative rules under ORS 616.875 (Rules) wherein formats and methods to explain unit pricing are prescribed, such explanations of the use of unit pricing shall be provided and displayed by each grocery store. [1977 c.181 §5; 1979 c.827 §2]

Source: Section 616.860 — Unit pricing of packaged consumer commodities required; explanation to consumers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 621.281 — OR Code / Title 49 / Chapter 621 / Section 621.281
621.281 Suspension or revocation of licenses issued under ORS 621.266
Status: in_force

If a person licensed under ORS 621.266 (Pasteurizer operator license) does not fully and faithfully comply with all provisions of ORS 621.122 (Prohibitions regarding sales, pasteurization, sampling, weighing, grading and containers) , 621.266 (Pasteurizer operator license) or 621.276 (Licensees to show knowledge of and ability to comply with changes in laws or regulations) or standards and regulations adopted under ORS 621.181 (Standards of sanitation for operation of plants and facilities) and 621.261 (Regulations regarding equipment used in pasteurization process) , the license of the person may be revoked, suspended or limited. [1953 c.686 §26; 1999 c.197 §41]

Source: Section 621.281 — Suspension or revocation of licenses issued under ORS 621.266 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 621.198 — OR Code / Title 49 / Chapter 621 / Section 621.198
621.198 Prohibition against use or dealing with user of nonstandard bulk storage facilities
Status: in_force

(1) A producer shall not store milk that is to be sold to a dairy products plant or to be used at a physical facility of a distributor or producer-distributor, in bulk storage tanks, equipment, buildings or other facilities that do not conform to the standards prescribed pursuant to ORS 621.193 (Standards for farm bulk storage facilities) .

(2) A distributor, producer-distributor or dairy products plant licensee shall not receive or purchase milk from a producer, that is stored in bulk storage tanks, equipment, buildings or other facilities that do not conform to the standards prescribed pursuant to ORS 621.193 (Standards for farm bulk storage facilities) . [1969 c.164 §3; 1999 c.197 §30]

Source: Section 621.198 — Prohibition against use or dealing with user of nonstandard bulk storage facilities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 633.321 — OR Code / Title 49 / Chapter 633 / Section 633.321
633.321 Label requirements for fertilizer, agricultural amendment, agricultural mineral and lime products
Status: in_force

(1) A person may not distribute fertilizer, agricultural amendment, agricultural mineral or lime products in packaged form unless there is a printed label attached or applied to the package. A person may not distribute fertilizer, agricultural amendment, agricultural mineral or lime products in bulk unless a label in the form of a separate document physically accompanies the shipment and is furnished to the user or purchaser when each separate delivery is made, or when the last delivery from the lot is made. The label must include the following:

(a) The name under which the product is registered or distributed.

(b) The net weight or volume.

(c) The name and mailing address of the manufacturer, distributor or registrant.

(d) The product grade if primary nutrients are claimed.

(e) The product density, in pounds per gallon at 68 degrees Fahrenheit, if the product is distributed as a bulk liquid.

(f) A guaranteed analysis. The guaranteed analysis must immediately follow the statement, “GUARANTEED ANALYSIS.” Guarantees must be based on a laboratory method of analysis approved by the State Department of Agriculture. The guaranteed analysis shall be stated on an “as is” basis at the time the fertilizer, agricultural amendment, agricultural mineral or lime product is distributed into or within this state. Primary nutrients, secondary nutrients and micronutrients that are claimed or advertised must be individually guaranteed. A guarantee of a zero percentage may not appear in the guaranteed analysis statement.

(g) A derivation statement declaring the sources for all primary nutrients, secondary nutrients and micronutrients guaranteed. The statement must be listed immediately below the guaranteed analysis. Abbreviations, brand names, trademarks and trade names may not appear in the derivation statement, but may appear as part of the product name in an area of the label that is separate from the derivation statement.

(h) The identity and amount of ingredients other than primary nutrients, secondary nutrients and micronutrients that are claimed or advertised. The identity and amount must be guaranteed and determinable by laboratory methods approved by the department. The source of those ingredients shall be formatted on the label as follows:

ALSO CONTAINS NON-PLANT

FOOD INGREDIENT(S):

___% Humic Acids (Derived from _____)

___% Other Determinable Non-Plant

Food Ingredients

(i) A unique identifier for custom mixed products.

(j) An Internet address that leads to a department website that is accessible to the public and contains product-specific information. The department shall adopt rules establishing the date for label compliance and the nature of product information that must be available through the website. The information must be accessible by product name, ingredient or reportable substance and shall include, at a minimum:

(A) For any product identified in an application for registration under ORS 633.362 (Registration of fertilizer, agricultural amendment, agricultural mineral and lime products) as being waste-derived, the product name and the Standard Industrial Classification code or North American Industry Classification System code of each facility that generated the waste-derived product or any waste-derived ingredient of the product; and

(B) The types and levels of metals and other substances for which a statement is required under ORS 633.362 (Registration of fertilizer, agricultural amendment, agricultural mineral and lime products) (10) or required by department rule to be stated in the application for registration of a product.

(2) Intentionally left blank —Ed.

(a) Primary nutrients that are claimed or advertised must be guaranteed and formatted on the label as follows:

GUARANTEED ANALYSIS:

Total Nitrogen (N) ___%

___% Ammoniacal Nitrogen

___% Nitrate Nitrogen

___% Urea Nitrogen

___% Slowly Available Water

Soluble Nitrogen

___% Other Water Soluble

Nitrogen

___% Water Insoluble Nitrogen

Available Phosphate (P2O5) ___%

Soluble Potash (K2O) ___%

(b) The guarantees for the forms of nitrogen must add up to the total nitrogen guarantee and be shown by indentation. The forms of nitrogen may be listed in an order other than the order listed in this subsection.

(c) Phosphorous acid (expressed as H3PO3 or PO3) cannot be claimed as a source of available phosphate.

(3) The following secondary nutrients and micronutrients that are claimed or advertised must be guaranteed, be placed on the label in the same order as listed in this subsection and immediately follow the guaranteed analysis for any primary nutrients claimed. The guaranteed analysis of secondary nutrients and micronutrients must be made on the elemental basis. When a chelated, water soluble or other form of plant nutrient is claimed or advertised in addition to the elemental form of the same secondary nutrient or micronutrient, the form and percentage must be guaranteed separately and shown by indentation. Zeroes are required before decimal points for amounts that are less than one percent. Except for products identified in subsection (4) of this section, the minimum percentages that may be accepted for registration are as follows:

Calcium (Ca) 1.0000%

Magnesium (Mg) 0.5000%

Sulfur (S) 1.0000%

Boron (B) 0.0200%

Chlorine (Cl) 0.1000%

Cobalt (Co) 0.0005%

Copper (Cu) 0.0500%

Iron (Fe) 0.1000%

Manganese (Mn) 0.0500%

Molybdenum (Mo) 0.0005%

Nickel (Ni) 0.0010%

Sodium (Na) 0.1000%

Zinc (Zn) 0.0500%

(4) The minimum percentages set forth in subsection (3) of this section do not apply to the following as defined by department rule:

(a) Guarantees for water soluble nutrients on labels for:

(A) Ready to use foliar fertilizers or agricultural minerals;

(B) Ready to use specialty liquid fertilizers or agricultural minerals; or

(C) Products used for hydroponic or continuous liquid feed programs.

(b) Guarantees for soils and horticultural growing mediums.

(5) If a fertilizer, agricultural amendment, agricultural mineral or lime product has a boron concentration greater than 0.1 percent or a molybdenum concentration greater than 0.001 percent, the product label must include a warning or cautionary statement that the product contains boron or molybdenum and is to be used only according to the manufacturer’s recommendations or directions.

(6) Intentionally left blank —Ed.

(a) If a fertilizer, agricultural amendment, agricultural mineral product or lime product is intended to be microbiological inoculum, the label must include:

(A) A product expiration date;

(B) The number of each viable organism per milliliter for liquid products or per gram for dry products;

(C) The identification of each viable organism expressed as genus and species, and, if applicable, strain;

(D) Storage conditions; and

(E) For products containing organisms known to be human pathogens, a precautionary statement consistent with any department rules establishing statement requirements for the organisms or establishing the text of the statement.

(b) If a fertilizer, agricultural amendment or agricultural mineral product is derived from a microbiological process or culture but is not intended to be a microbiological inoculum, the product label must include a statement that the product is not a viable culture.

(7) A product ingredient may not be listed, claimed or guaranteed on the label or labeling without prior approval by the department.

(8) The label information requirements established in subsections (1)(d) and (f), (2), (3) and (6)(b) of this section do not apply to the label of a custom medium for commercial production if the end user is provided with a statement of formulation that lists all of the materials in the custom medium and the amount of each material. [2001 c.914 §4; 2009 c.97 §2; 2015 c.514 §5]

Source: Section 633.321 — Label requirements for fertilizer, agricultural amendment, agricultural mineral and lime products; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors633.­html (accessed May 26, 2025).
ORS § 634.032 — OR Code / Title 49 / Chapter 634 / Section 634.032
634.032 When pesticide is misbranded
Status: in_force

Pesticides shall be deemed misbranded if:

(1) The package or container of such materials bears any false or misleading statement.

(2) The container or package of such materials is not labeled as required by ORS 634.026 (Pesticide labeling requirements) . [1973 c.341 §11]

Source: Section 634.032 — When pesticide is misbranded , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 632.761 — OR Code / Title 49 / Chapter 632 / Section 632.761
632.761 Authority of department
Status: in_force

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 (Definitions for ORS 632.705 to 632.815) to 632.815 (Disposition of fees) or rules promulgated pursuant thereto.

(2) Seize, embargo or detain, in accordance with the provisions of ORS 561.605 (Detention, seizure or embargo of agricultural products) to 561.630 (Removing or defacing seizure or embargo notice unlawful) , any eggs or egg products determined to be in violation of the provisions of ORS 632.705 (Definitions for ORS 632.705 to 632.815) to 632.815 (Disposition of fees) or rules promulgated pursuant thereto.

(3) Condemn, in accordance with the provisions of ORS 616.740 (Condemnation where insanitary conditions exist) , any plant premises, facilities, equipment, containers or vehicles determined to be in violation of the provisions of ORS 632.705 (Definitions for ORS 632.705 to 632.815) to 632.815 (Disposition of fees) or rules promulgated pursuant thereto.

(4) Enter into cooperative and reciprocal agreements with any federal, state or other governmental agency in carrying out the provisions of ORS 632.705 (Definitions for ORS 632.705 to 632.815) to 632.815 (Disposition of fees) , and to receive and expend funds pursuant thereto. [1975 c.748 §11 (enacted in lieu of 632.760)]

Source: Section 632.761 — Authority of department , https://www.­oregonlegislature.­gov/bills_laws/ors/ors632.­html (accessed May 26, 2025).
ORS § 634.232 — OR Code / Title 49 / Chapter 634 / Section 634.232
634.232 Restricted area formation
Status: in_force

(1) At any time after the establishment of a protected area, the State Department of Agriculture at the request of the area committee of such protected area, may establish a restricted area in accordance with the provisions of ORS 561.510 (Quarantines) to 561.590 (Violation of quarantine prohibited) governing the procedures for the declaration of quarantines.

(2) The request, referred to in subsection (1) of this section, shall include the following:

(a) The description, including proposed boundaries, of the territory proposed to be a restricted area.

(b) A concise statement of the need for the establishment of the restricted area proposed.

(c) A concise statement of the pesticides and the times, methods or rates of pesticide application to be restricted.

(3) Intentionally left blank —Ed.

(a) In considering the establishment of a restricted area wherein herbicides are to be restricted, the outer boundaries of such proposed restricted area shall not be in excess of 10 airline miles beyond the outer boundary of the protected area, and if a restricted area wherein all other pesticides are to be restricted shall not be in excess of one airline mile beyond the outer boundary of the protected area.

(b) In considering the establishment of a restricted area, the factors set forth in ORS 634.212 (Formation of protected areas) (5) shall be considered.

(c) ORS 634.216 (Protected area as governmental subdivision upon completion of required filings) shall apply to the establishment of a restricted area, except that such restricted area shall be governed and administered by the area committee of the protected area, which committee shall have the same powers and duties set forth in ORS 634.226 (Protected area governing committee) (2)(b), and except such restricted area shall not be deemed to be a governmental subdivision of this state as a public body corporate.

(d) In the event that a restricted area is established pursuant to subsection (1) of this section, the area committee shall be expanded to include one additional member who resides in the restricted area, but outside of the protected area. The additional member shall be elected in accordance with ORS 634.226 (Protected area governing committee) . [1973 c.341 §28; 2009 c.98 §29]

Source: Section 634.232 — Restricted area formation; matters to be considered; additional area committee member , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 634.710 — OR Code / Title 49 / Chapter 634 / Section 634.710
634.710 Plan selection
Status: in_force

A governing body may adopt, improve or continue any integrated pest management plan that provides protection against pesticide exposure equal to or greater than the protection against pesticide exposure required by ORS 634.700 (Definitions for ORS 634.700 to 634.750) to 634.750 (Pesticide application records) . [2009 c.501 §9]

Source: Section 634.710 — Plan selection , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 634.226 — OR Code / Title 49 / Chapter 634 / Section 634.226
634.226 Protected area governing committee
Status: in_force

(1) A protected area, established pursuant to the provisions of this chapter, shall be governed and administered by an area committee consisting of five members. The term of office of each member, except as provided in paragraphs (b) and (c) of this subsection, shall be three years. Such area committee shall be established in accordance with the following:

(a) Within 30 days after the establishment of a protected area, as provided in ORS 634.216 (Protected area as governmental subdivision upon completion of required filings) , the State Department of Agriculture shall give notice that petitions to nominate candidates for three positions on such committee shall be accepted by the department. Such notice shall be given by publication at least once in a newspaper of general circulation in the protected area and by delivery of a copy of the notice to the county clerk of the county in which the protected area is situated, who thereafter shall post the same in a conspicuous public place. Such notice shall contain:

(A) The address of the department;

(B) The time within which the petition to nominate is to be filed;

(C) The fact that 25 or more electors, or two-thirds of the electors then registered, if there are less than 25, residing within the protected area must subscribe such petition;

(D) The fact that such electors may subscribe the nominating petition of more than one candidate for a position on said committee; and

(E) The fact that a candidate must reside within the protected area.

(b) Upon receipt of any nominating petitions described in subsection (1)(a) of this section, the department shall prepare ballots containing the names of the candidates, in alphabetical order of surnames, and a space for at least one write-in candidate. If no nominating petitions are received by the department, this fact shall be stated upon the ballot and at least three spaces provided thereon for write-in candidates. Such ballots shall also state the time within which the ballots are to be returned to the department and the address of the department. All electors within the boundaries of the territory as determined by the department are eligible to vote in the referendum. The department shall determine the results of such election and shall file with the Secretary of State a declaration of the results of such election, which declaration shall be maintained as a public record in the office of the Secretary of State. The three candidates receiving the largest number of the votes cast in such election shall be the three elected members of the area commission, whose terms of office, to be determined by lot, shall be one, two and three years respectively.

(c) Upon determining the results of the election provided in paragraph (b) of this subsection, the department shall appoint two members to the area committee, which appointments shall be subject to the approval of the majority of the three elected members of said committee. Such appointed members shall be residents of the protected area and have knowledge of pesticides, pesticide application and existing conditions, affecting pesticide application. The terms of office, to be determined by lot, shall be one and two years respectively, and the department shall thereafter appoint the successors in office of such members, as well as those of elected members whose office is vacated prior to the expiration of a term.

(2) Intentionally left blank —Ed.

(a) Upon the establishment of the area committee, the members thereof shall designate a chairperson, secretary and treasurer, which designations may, from time to time, be changed. A majority of the area committee shall constitute a quorum and an act by a majority of such quorum shall constitute an official act of the area committee.

(b) The area committee shall:

(A) Provide for surety bonds for all persons entrusted with funds or property of the protected area;

(B) Prepare and maintain accurate and complete records of all activities, meetings, orders and regulations of the protected area;

(C) Employ, as deemed necessary, persons to assist the area committee in its administration and enforcement activities, including issuance of permits to applicators;

(D) Not engage in the business of buying or selling pesticides;

(E) Promulgate, in consultation with the department, regulations as provided in subsection (4) of this section;

(F) Carry out the procedures for the establishment of a restricted area as provided in ORS 634.232 (Restricted area formation) ;

(G) Prepare and make public at annual meetings to be called by the area committee chairperson, annual reports and audits; and

(H) Be authorized to receive funds from any source and use the same to carry out and enforce ORS 634.212 (Formation of protected areas) to 634.242 (Taxing power of area committee) .

(3) Each year after the establishment of a protected area and at least 15 days prior to the annual meeting called pursuant to subsection (2)(b)(G) of this section, the area committee shall notify the department of the annual meeting time. Upon receipt of such notice, the department shall initiate and carry out the procedures for election of members to vacancies on the area committee and shall follow the procedures for elections provided in subsection (1) of this section. The candidates shall be elected and take office as provided in subsection (1) of this section.

(4) Intentionally left blank —Ed.

(a) In accordance with the provisions of ORS chapter 183, the area committee shall promulgate regulations governing or prohibiting the application of pesticides within the protected area, by aircraft or otherwise, which relate to the time, place, method of pesticide application and other matters necessary to prevent damage or injury to susceptible crops, insects, wildlife or forests.

(b) In promulgating such regulation, the area committee shall consider, among other things, the:

(A) Topography and climate, including temperature, humidity and prevailing winds;

(B) Characteristics and properties of pesticides used or applied; and

(C) Location of susceptible crops, insects, wildlife or forests.

(c) Any interested person may petition to enlarge or restrict the regulation of pesticide application by filing a petition to amend the regulations of the protected area with the area committee which, in consultation with the department and in accordance with the provisions of ORS chapter 183, shall allow or deny such petition and amend the regulations of the protected area accordingly. [1973 c.341 §27; 1997 c.249 §194]

Source: Section 634.226 — Protected area governing committee; member election and terms; committee officers; duties and powers; rulemaking authority , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 633.545 — OR Code / Title 49 / Chapter 633 / Section 633.545
633.545 Labeling bins and bulk displays
Status: in_force

All bins and other bulk displays of agricultural, flower or vegetable seed, and mixtures of agricultural, flower or vegetable seed, or both, shall be labeled with the data required to be present on containers of agricultural, flower or vegetable seed prescribed in ORS 633.520 (Labeling agricultural seed or bulk flower seed) , 633.531 (Labeling vegetable or flower seed weighing one pound or less) and 633.541 (Labeling vegetable seed weighing more than one pound) . [1955 c.379 §6; 2007 c.281 §4]

Source: Section 633.545 — Labeling bins and bulk displays , https://www.­oregonlegislature.­gov/bills_laws/ors/ors633.­html (accessed May 26, 2025).
ORS § 628.330 — OR Code / Title 49 / Chapter 628 / Section 628.330
628.330 Fresh meats, identification and chilling
Status: in_force

All fresh carcass meats on coming into custody or possession of the operator or owner of a refrigerated locker plant shall be identified with suitable tag or stamp and shall be placed in the chill room, unless previously chilled, for at least 24 hours before removal to the cutting room.

Source: Section 628.330 — Fresh meats, identification and chilling , https://www.­oregonlegislature.­gov/bills_laws/ors/ors628.­html (accessed May 26, 2025).
ORS § 621.169 — OR Code / Title 49 / Chapter 621 / Section 621.169
621.169 Additional users of dairy products plant
Status: in_force

(1) The State Department of Agriculture may issue a dairy products plant license under ORS 621.166 (Application for dairy products plant license) to one or more additional users of a dairy products plant that processes or uses milk to manufacture dairy products and is primarily operated by another person. A license issued to an additional user for activities at the dairy products plant shall cover all operations at that plant by the person licensed. Regardless of the number of persons licensed to use a dairy products plant, the department may not recognize more than one person as the primary operator of the plant.

(2) The department may assess a license fee to an additional user of a dairy products plant described in subsection (1) of this section, calculated as provided in rules adopted under ORS 621.166 (Application for dairy products plant license) . In calculating license fees as provided under ORS 621.166 (Application for dairy products plant license) , the annual gross dollar volume of sales and services for an additional user of the dairy products plant is independent of the annual gross dollar volume of sales and services for any other user or the primary operator of the plant.

(3) Notwithstanding ORS 621.166 (Application for dairy products plant license) , the department may adopt rules to establish the license expiration, renewal and application dates for additional users of a dairy products plant.

(4) The department may adopt rules to determine the responsibilities of the dairy products plant’s primary operator and additional users of the dairy products plant’s under standards prescribed by ORS 621.176 (Standards of construction for plants and facilities) and 621.181 (Standards of sanitation for operation of plants and facilities) and under ORS 621.183 (Prohibition against operating plant or facility that does not meet standards) .

(5) A recognized primary operator of a dairy products plant shall notify the department upon the expiration or termination of the rental or lease of the plant by an additional user of the plant. [2007 c.645 §8; 2012 c.64 §25]

Source: Section 621.169 — Additional users of dairy products plant; fees; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 616.750 — OR Code / Title 49 / Chapter 616 / Section 616.750
616.750 Procedure where food handler suspected of disease
Status: in_force

If the State Department of Agriculture for reasonable cause believes that any person working in any food establishment is affected with any infectious or contagious disease, the department may require the person to be examined by a competent physician, naturopathic physician, physician assistant or nurse practitioner and that the physician, naturopathic physician, physician assistant or nurse practitioner furnish the department with a certificate stating whether the person is affected with any infectious or contagious disease. If within five days after so required the person has not furnished the department with such a certificate by a competent physician, naturopathic physician, physician assistant or nurse practitioner, the person is guilty of a violation of ORS 616.745 (Handling of food by diseased persons prohibited) and the department may apply to the circuit court to enjoin the person from continuing to work in the food establishment until the certificate is furnished. The circuit court hereby is authorized to issue the injunction. [Amended by 1975 c.389 §12; 2014 c.45 §70; 2017 c.356 §80]

Source: Section 616.750 — Procedure where food handler suspected of disease , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 624.091 — OR Code / Title 49 / Chapter 624 / Section 624.091
624.091 Inspection of temporary restaurants
Status: in_force

(1) At least once during the operation of a single-event temporary restaurant, the Director of the Oregon Health Authority shall inspect the facilities and operation. The person operating the single-event temporary restaurant shall, upon request of the director, permit access to all parts of the establishment.

(2) The director shall conduct an operational review of an intermittent temporary restaurant or seasonal temporary restaurant. The director may charge a reasonable fee established by rule for conducting the operational review. The director shall inspect the facilities and operation of an intermittent temporary restaurant or seasonal temporary restaurant at least once during the term of the license. The person operating the intermittent temporary restaurant or seasonal temporary restaurant shall, upon request of the director, permit access to all parts of the establishment.

(3) One copy of the inspection report shall be posted by the director on the establishment premises. A person other than the director may not remove or deface the inspection report during the term of the license. The director shall file a copy of the inspection report in the records of the Oregon Health Authority. [Formerly 624.065; 2009 c.595 §1011; 2011 c.664 §9]

Source: Section 624.091 — Inspection of temporary restaurants; report; fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors624.­html (accessed May 26, 2025).
ORS § 618.246 — OR Code / Title 49 / Chapter 618 / Section 618.246
618.246 Sale by weight required for certain food products
Status: in_force

(1) Except for immediate consumption on the premises where sold, or as one of several elements comprising a ready-to-eat meal sold as a unit for consumption elsewhere than on the premises where sold, all poultry, or parts thereof, meat, meat products, fish and seafood, sold, offered or exposed for sale as food, shall be sold, offered or exposed for sale by weight.

(2) If meat, poultry, fish or seafood is combined with or associated with some other food element to form either a distinctive food product or a food combination, such food product or combination shall be sold, offered or exposed for sale by weight. The quantity representation may be the total weight of the food product or combination and a quantity representation need not be made for each of the several elements of the food product or combination.

(3) In the case of ready-to-cook whole-carcass stuffed poultry, ready-to-cook stuffed poultry roasts, rolls, bars and logs, and ready-to-cook stuffed poultry products designated by terms of similar import, the label must show the total net weight and, in close proximity, the net weight of the poultry exclusive of stuffing ingredients. [1973 c.293 §29]

Source: Section 618.246 — Sale by weight required for certain food products; labeling requirements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors618.­html (accessed May 26, 2025).
ORS § 624.101 — OR Code / Title 49 / Chapter 624 / Section 624.101
624.101 “Benevolent organization” defined
Status: in_force

As used in ORS 624.106 (Issuance of single-event temporary restaurant license to benevolent organization) and 624.111 (Inspection of event facilities and operation under license of benevolent organization) , “benevolent organization” means any person organized and existing for charitable, benevolent, eleemosynary, humane, patriotic, religious, philanthropic, recreational, social, educational, civic, fraternal or other nonprofit purposes. The fact that contributions to an organization do not qualify for a charitable deduction for tax purposes or that the organization is not otherwise exempt from payment of federal income taxes pursuant to the Internal Revenue Code of 1954, as amended, constitutes prima facie evidence that the organization is not a bona fide benevolent organization. For purposes of this section, each subordinate lodge, chapter, council, grange, church, parish or other subdivision of an organization constitutes a separate organization. [Formerly 624.015]

Source: Section 624.101 — “Benevolent organization” defined , https://www.­oregonlegislature.­gov/bills_laws/ors/ors624.­html (accessed May 26, 2025).
ORS § 632.595 — OR Code / Title 49 / Chapter 632 / Section 632.595
632.595 Containers
Status: in_force

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]

Source: Section 632.595 — Containers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors632.­html (accessed May 26, 2025).
ORS § 616.305 — OR Code / Title 49 / Chapter 616 / Section 616.305
616.305 District attorney to prosecute violations
Status: in_force

The district attorney of each county to whom the State Department of Agriculture or its authorized representative reports any violation of ORS 616.205 (Definitions for ORS 616.205 to 616.385) to 616.295 (Reports and information issuable by department) or 616.305 (District attorney to prosecute violations) to 616.315 (Jurisdiction of courts) shall cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law.

Source: Section 616.305 — District attorney to prosecute violations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 635.995 — OR Code / Title 49 / Chapter 635 / Section 635.995
635.995 Civil penalties
Status: in_force

(1) In addition to any penalty available under ORS 561.190 (Rules and regulations) or 635.991 (Criminal penalties) , the State Department of Agriculture may impose a civil penalty for a violation of this chapter or of rules or regulations adopted under this chapter. 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.

(2) The department may adopt rules establishing a schedule of civil penalties that may be imposed under this section. Civil penalties imposed under this section may not exceed $10,000 for each violation.

(3) When the department imposes a civil penalty under subsection (1) of this section, the department shall impose the penalty in the manner provided by ORS 183.745 (Civil penalty procedures) , except that the written application for a hearing must be received by the department no later than 10 days after the date of mailing or personal service of the notice of civil penalty.

(4) Moneys received by the department from civil penalties imposed under this section shall be deposited in the General Fund to the credit of the Department of Agriculture Account. [2009 c.175 §26]

Source: Section 635.995 — Civil penalties; rules; hearing; disposition of moneys , https://www.­oregonlegislature.­gov/bills_laws/ors/ors635.­html (accessed May 26, 2025).
ORS § 621.369 — OR Code / Title 49 / Chapter 621 / Section 621.369
621.369 Possession of frozen dessert or frozen dessert mix as prima facie evidence of intent to sell
Status: in_force

In any proceeding instituted for a violation of ORS 621.340 (Selling frozen dessert with excessive bacteria count prohibited) in which possession with intent to sell a frozen dessert or frozen dessert mix is an issue, possession by the accused of frozen dessert or frozen dessert mix in containers of the size and type commonly used by the accused in selling that product shall be prima facie evidence of intent to sell. [1953 c.684 §12; 1999 c.197 §49]

CONDENSED OR EVAPORATED MILK; IMITATION MILK AND DAIRY PRODUCT SUBSTITUTES

Source: Section 621.369 — Possession of frozen dessert or frozen dessert mix as prima facie evidence of intent to sell , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 634.750 — OR Code / Title 49 / Chapter 634 / Section 634.750
634.750 Pesticide application records
Status: in_force

(1) If a pesticide is applied at a campus, the integrated pest management plan coordinator or a designee of the coordinator shall place the labeling information and material data safety sheet for the pesticide on file at a school on the campus. The plan coordinator or designee shall record and make available the following information:

(a) The brand name or trademark of the pesticide product;

(b) The United States Environmental Protection Agency registration number assigned to the pesticide product;

(c) The pest condition that prompted the application;

(d) A description of the area on campus where the application occurred;

(e) The approximate amount and concentration of pesticide product applied;

(f) The type of application and whether the application proved effective;

(g) The pesticide applicator, noncommercial pesticide applicator or public applicator license numbers and pesticide trainee, noncommercial pesticide trainee or public trainee certificate numbers of the persons applying the pesticide;

(h) The names of the persons applying the pesticide;

(i) The dates on which the plan coordinator gave any notices required by ORS 634.740 (Written notice requirements) ; and

(j) The dates and times for the placement and removal of warning signs under ORS 634.740 (Written notice requirements) .

(2) Pesticide application records must include copies of all notices given under ORS 634.740 (Written notice requirements) .

(3) A school shall retain pesticide application records required by this section for at least four years following the application date. [2009 c.501 §8; 2022 c.53 §12]

Source: Section 634.750 — Pesticide application records , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 621.094 — OR Code / Title 49 / Chapter 621 / Section 621.094
621.094 Authority of department to take charge of weighing, sampling and testing upon noncompliance
Status: in_force

(1) If a distributor, producer-distributor or dairy products plant licensee fails to comply with any provision of ORS 621.056 (Employment of grader) , 621.057 (Record of grade of milk) , 621.084 (Weighing, sampling and testing fluid milk) , 621.092 (Right of producer to be present at weighing, sampling or testing and to have own tests made) , 621.122 (Prohibitions regarding sales, pasteurization, sampling, weighing, grading and containers) (7) to (10) or 621.226 (Condemnation of unlawful milk, cream, dairy product or fluid milk) or regulations adopted under ORS 621.096 (Regulations regarding weighing, sampling and testing) , the State Department of Agriculture may revoke the license or, with the written consent of the distributor, producer-distributor or licensee, may perform the weighing, sampling and testing of the milk or cream received or purchased by the distributor, producer-distributor or licensee.

(2) The department shall employ competent personnel of its own choice to perform the weighing, sampling or testing under subsection (1) of this section. The salary and necessary expenses of the personnel shall be paid by the department. The distributor, producer-distributor or licensee shall reimburse the department for the salary and expenses monthly.

(3) The department shall continue to perform the weighing, sampling and testing of the milk or cream received or purchased by the distributor, producer-distributor or dairy products plant licensee until the department is satisfied that the distributor, producer-distributor or licensee is willing and able to comply with all the provisions of ORS 621.056 (Employment of grader) , 621.057 (Record of grade of milk) , 621.084 (Weighing, sampling and testing fluid milk) , 621.092 (Right of producer to be present at weighing, sampling or testing and to have own tests made) , 621.122 (Prohibitions regarding sales, pasteurization, sampling, weighing, grading and containers) (7) to (10) and 621.226 (Condemnation of unlawful milk, cream, dairy product or fluid milk) and regulations adopted under ORS 621.096 (Regulations regarding weighing, sampling and testing) . When the department is so satisfied, control of the weighing, sampling and testing shall be returned to the distributor, producer-distributor or licensee. [Formerly 621.251]

Source: Section 621.094 — Authority of department to take charge of weighing, sampling and testing upon noncompliance , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 618.086 — OR Code / Title 49 / Chapter 618 / Section 618.086
618.086 Orders restricting distribution of weights and measures
Status: in_force

(1) The State Department of Agriculture is authorized to issue stop-use orders, hold orders and removal orders with respect to weights and measures being, or susceptible of being, commercially used, and to issue hold orders and removal orders with respect to packages or amounts of commodities sold, offered or exposed for sale, or in process of delivery, whenever in the course of its enforcement of ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products) it is considered necessary.

(2) No person shall use, remove from the premises or vehicles specified, or fail to remove from the premises or vehicles specified, any weight, measure or package or amount of commodity contrary to the terms of a stop-use order, hold order or removal order issued under the authority of this section. [1973 c.293 §11; 2005 c.22 §422]

Source: Section 618.086 — Orders restricting distribution of weights and measures , https://www.­oregonlegislature.­gov/bills_laws/ors/ors618.­html (accessed May 26, 2025).
ORS § 622.290 — OR Code / Title 49 / Chapter 622 / Section 622.290
622.290 Annual fees and taxes
Status: in_force

(1) Persons using state lands for cultivating oysters, clams or mussels shall pay annual cultivation fees and use taxes quarterly to the State Department of Agriculture. Fees and taxes become delinquent 30 days after the end of the quarter.

(2) Use taxes shall be in the amount of 10 cents per gallon of oysters if sold by the gallon, 10 cents per bushel of oysters if sold in the shell by the bushel or one cent per dozen oysters if sold by the dozen.

(3) Use taxes shall be in the amount of one-half cent per pound of clams or mussels sold.

(4) The annual cultivation fee shall be established by department rule in an amount not to exceed $14 for each acre claimed pursuant to chapter 675, Oregon Laws 1969, or claimed pursuant to a plat made subsequent thereto.

(5) Annual cultivation fees and use taxes shall be assessed in lieu of property taxes, lease fees or rental charges for the use of lands upon which oysters, clams or mussels are grown and harvested. [Formerly 509.441; 1997 c.375 §7; 2003 c.14 §374; 2011 c.323 §2]

Source: Section 622.290 — Annual fees and taxes; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors622.­html (accessed May 26, 2025).
ORS § 621.096 — OR Code / Title 49 / Chapter 621 / Section 621.096
621.096 Regulations regarding weighing, sampling and testing
Status: in_force

(1) The State Department of Agriculture shall promulgate regulations relating to the weighing, sampling and testing of milk and cream.

(2) The department shall ensure that all milk that a distributor, producer-distributor or dairy products plant licensee purchases from producers is tested by the distributor, producer-distributor or licensee for milk fat content using an accurate and efficient test approved by the department. [Formerly 621.236]

PROHIBITED ACTS, GENERALLY

Source: Section 621.096 — Regulations regarding weighing, sampling and testing , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 632.280 — OR Code / Title 49 / Chapter 632 / Section 632.280
632.280 Unlawful use of, or traffic in, name or mark as presumptive evidence
Status: in_force

Each of the following is presumptive evidence of unlawful use of or traffic in the containers, supplies or equipment described in ORS 632.275 (Filing trademark for containers, equipment and supplies for fruit and vegetables) if the description of the name, mark or device has been filed and published as provided in ORS 632.275 (Filing trademark for containers, equipment and supplies for fruit and vegetables) :

(1) The use, without the consent provided for in ORS 632.290 (Acquiring of marked containers, supplies and equipment) , 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 corporation registering the name, mark or device.

(2) The having by any junk dealer, or any dealer in secondhand articles, of possession of any such containers, supplies or equipment. [Formerly 616.610]

Source: Section 632.280 — Unlawful use of, or traffic in, name or mark as presumptive evidence , https://www.­oregonlegislature.­gov/bills_laws/ors/ors632.­html (accessed May 26, 2025).
ORS § 621.750 — OR Code / Title 49 / Chapter 621 / Section 621.750
621.750 Sampling and testing
Status: in_force

(1) The State Department of Agriculture shall promulgate rules including but not limited to rules providing that any producer may request the department to make an official milk fat content test of the milk the producer is selling to a dealer, milk handler or purchaser of milk. Official sample test periods used by the department shall correspond to the testing periods used by the dealer, handler or purchaser. At the time that the grader samples the milk, each sample shall be split. One portion of the split sample shall be placed in a separate container furnished and approved by the department. The container shall be sealed as required by the department and signed or initialed by both the producer and the grader. The split sample shall be forwarded by the dealer, handler or purchaser to the department at the expense of the producer and as prescribed by rules of the department. The department shall combine the samples for the period involved and make the official test requested of the composite group of samples. The department shall forward a copy of the test to the producer and a copy shall be mailed to the dealer, handler or purchaser submitting the sample. If the test performed and carried out by the department varies by more than one-tenth of one percent from the test made by the dealer, handler or purchaser, within the time prescribed by the department the dealer, handler or purchaser shall adjust and make proper payments to the producer based upon the official tests made by the department.

(2) The department shall make official testing for milk fat similar to the testing described in subsection (1) of this section available to any other person subject to this chapter. [1965 c.474 §5; 1999 c.197 §60; 2013 c.85 §6]

Source: Section 621.750 — Sampling and testing; payment adjustments; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 621.183 — OR Code / Title 49 / Chapter 621 / Section 621.183
621.183 Prohibition against operating plant or facility that does not meet standards
Status: in_force

A person shall not operate a dairy products plant or a physical facility of a distributor or producer-distributor that fails to conform to the standards prescribed pursuant to ORS 621.176 (Standards of construction for plants and facilities) and 621.181 (Standards of sanitation for operation of plants and facilities) . [1999 c.197 §4]

Source: Section 621.183 — Prohibition against operating plant or facility that does not meet standards , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 616.570 — OR Code / Title 49 / Chapter 616 / Section 616.570
616.570 Menus, menu boards and food tags
Status: in_force

(1) If a chain restaurant serves a menu item that is not a self-service item, the chain restaurant shall have a menu, menu board or food tag that:

(a) Discloses nutritional information for the menu item as required by this section; and

(b) Is readily visible for customer use at the location where the customer places the order for the menu item.

(2) Intentionally left blank —Ed.

(a) If a chain restaurant offers a menu item for self-service, the chain restaurant shall have a menu board or food tag, for each area of the restaurant in which the item is displayed, that:

(A) Discloses nutritional information for the menu item as required by this section; and

(B) Is readily visible in the area where the menu item is displayed.

(b) If a chain restaurant offers a menu item for self-service that the restaurant also offers on a basis that is not self-service, the restaurant shall ensure that the area where the item is offered on a basis that is not self-service complies with subsection (1) of this section.

(3) If a chain restaurant uses a menu or menu board, the menu or menu board must include the following:

(a) A statement of the total calories for each of the menu items listed on that menu or menu board. The total calorie statement must be in a conspicuous place near the other menu or menu board information for that menu item. If the menu or menu board lists prices, the total calorie statement must be of a size and typeface no less prominent than the size and typeface used to display the price of the menu item. If the menu or menu board does not list prices, the total calorie statement must be of a size and typeface no less prominent than the size and typeface used to display the least prominent of any other information stated on the menu or menu board.

(b) In a conspicuous place, a statement listing the daily intake amounts of calories, saturated fat and sodium recommended by the Oregon Health Authority.

(c) In a conspicuous place, a statement that additional nutritional information is available upon request.

(4) If a chain restaurant uses food tags, the restaurant shall display the following:

(a) A statement of the total calories for the menu item in a conspicuous place on the tag. If the food tag states the price of the menu item, the total calorie statement must be of a size and typeface no less prominent than the size and typeface used to display the price of the menu item. If the food tag does not state the price, the total calorie statement must be of a size and typeface no less prominent than the size and typeface used to display the least prominent of any other information stated on the tag.

(b) In a conspicuous place, a statement listing the daily intake amounts of calories, saturated fat and sodium recommended by the authority.

(c) In a conspicuous place, a statement that additional nutritional information is available upon request.

(5) A chain restaurant may post disclaimers stating that the actual nutritional value of menu items may vary from the stated total calories or other nutritional information due to variations in preparation, size or ingredients or for custom orders.

(6) A chain restaurant may supplement the nutritional information disclosures required by this section and ORS 616.560 (Determination of menu item typical values) and 616.565 (Calorie content information for combination or multiserving items) with additional consumer information. [2009 c.314 §3; 2011 c.720 §210]

Note: See note under 616.555 (Definitions for ORS 616.555 to 616.585) .

Source: Section 616.570 — Menus, menu boards and food tags; additional information; disclaimer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 621.084 — OR Code / Title 49 / Chapter 621 / Section 621.084
621.084 Weighing, sampling and testing fluid milk
Status: in_force

Distributors, producer-distributors, dairy products plant licensees and all other purchasers of milk from producers shall weigh, sample and test fluid milk purchased by them from producers in the same manner as milk and cream are weighed, sampled and tested under ORS 621.096 (Regulations regarding weighing, sampling and testing) . [1955 c.714 §8; 1999 c.197 §15]

Source: Section 621.084 — Weighing, sampling and testing fluid milk , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 622.160 — OR Code / Title 49 / Chapter 622 / Section 622.160
622.160 Signed statement to be attached to shellfish consignment
Status: in_force

No dealer shall send or accept any shellfish without a signed statement attached showing:

(1) The name of the consignor.

(2) The name of the consignee.

(3) The number of the consignor’s certificate of shellfish sanitation issued at the point of origin and the date of harvesting or packing, if the consignor is required by law to have a certificate of shellfish sanitation.

(4) The source of the shellfish and the fact of certification of the source by the State Department of Agriculture or certification by a state whose shellfish program is indorsed by the United States Public Health Service, if such certification is required by law. [1955 c.331 §4; 1973 c.508 §9]

Source: Section 622.160 — Signed statement to be attached to shellfish consignment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors622.­html (accessed May 26, 2025).
ORS § 616.880 — OR Code / Title 49 / Chapter 616 / Section 616.880
616.880 Written warning notice for minor violation
Status: in_force

Nothing in ORS 616.850 (Definitions for ORS 616.850 to 616.890) to 616.890 (Short title) shall be construed as requiring the State Department of Agriculture to cite incidental or minor violations of ORS 616.860 (Unit pricing of packaged consumer commodities required) to 616.870 (Prescribed pricing by units of measurement) whenever the department believes that the public interest will be served adequately in the circumstances by issuance of an alleged written warning notice. Each such notice issued shall include the name and address of the grocery store or food market, the date of the notice issuance, a description of the alleged violation and a statement of the penalties for a continued course of violation. [1977 c.181 §9; 2009 c.175 §9]

Source: Section 616.880 — Written warning notice for minor violation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 622.050 — OR Code / Title 49 / Chapter 622 / Section 622.050
622.050 Application for certificate
Status: in_force

(1) A dealer shall make application to the State Department of Agriculture for a certificate or certificates of shellfish sanitation. The application shall be accompanied by the required fee or fees.

(2) The department shall issue the initial certificate or certificates of shellfish sanitation, if on inspection the department finds that the dealer has complied with all the provisions of this chapter and the rules of the department under this chapter.

(3) Every certificate of shellfish sanitation shall expire on December 31 following the date of issue or on such date as may be specified by department rule. Any certificate of shellfish sanitation may be renewed on payment of the required fee. Inspection is not a condition precedent for renewal, but an inspection shall be made at some time within the renewal year. [1955 c.331 §7(1),(2),(4); 1973 c.508 §4; 2007 c.768 §31]

Source: Section 622.050 — Application for certificate; inspections; expiration and renewal; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors622.­html (accessed May 26, 2025).
ORS § 622.310 — OR Code / Title 49 / Chapter 622 / Section 622.310
622.310 Effect on prior-acquired rights
Status: in_force

Except as required in ORS 622.270 (Reports of cultivators) for production reporting, nothing in ORS 506.036 (Jurisdiction of commission) and 622.210 (Department defined) to 622.310 (Effect on prior-acquired rights) affects any oyster cultivation right acquired prior to January 1, 1982, pursuant to chapter 675, Oregon Laws 1969. [1981 c.638 §12; 2015 c.814 §3]

Source: Section 622.310 — Effect on prior-acquired rights , https://www.­oregonlegislature.­gov/bills_laws/ors/ors622.­html (accessed May 26, 2025).
ORS § 625.055 — OR Code / Title 49 / Chapter 625 / Section 625.055
625.055 Additional users of bakery
Status: in_force

(1) The State Department of Agriculture may issue licenses under ORS 625.030 (Application for bakery license) to one or more additional users of a bakery that is licensed primarily for operation by another person. A license issued to an additional user of the bakery shall cover all operations at that bakery by the person licensed. Regardless of the number of persons licensed to use a bakery, the department may not recognize more than one person as the primary operator of the bakery.

(2) The department may assess a license fee to an additional user of a bakery, calculated as provided in rules adopted under ORS 625.180 (License fees) . In calculating license fees as provided under ORS 625.180 (License fees) , the gross sales by an additional user of a bakery are independent of the gross sales by any other user or the primary operator of the bakery.

(3) Notwithstanding ORS 625.050 (Renewal of bakery license) , the department may adopt rules to establish the license expiration, renewal and application dates for additional users of a bakery.

(4) The department may adopt rules to determine the responsibilities of a bakery’s primary operator and additional users of the bakery under requirements prescribed by the department as provided under ORS 625.150 (Sanitary regulations) .

(5) A recognized primary operator of a bakery shall notify the department upon the expiration or termination of the rental or lease of the bakery by an additional user of the bakery.

(6) Subsections (1) to (5) of this section do not apply to a bakery located in an area that is part of a domestic kitchen. [2007 c.645 §10; 2012 c.64 §29]

Source: Section 625.055 — Additional users of bakery; fees; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors625.­html (accessed May 26, 2025).
ORS § 618.516 — OR Code / Title 49 / Chapter 618 / Section 618.516
618.516 Civil action by private party
Status: in_force

(1) Any person who purchases or leases goods or services and thereby suffers any ascertainable loss of money or property, real or personal, as a result of a willful security seal violation may bring an individual action in an appropriate court to recover actual damages or $200, whichever is greater. The court or the jury, as the case may be, may award punitive damages and the court may provide such equitable relief as it considers necessary or proper.

(2) Upon commencement of any action brought under subsection (1) of this section, the clerk of the court shall mail a copy of the complaint or other initial pleading to the Attorney General and, upon entry of any judgment in the action, shall mail a copy of such judgment to the Attorney General.

(3) In any action brought by a person under this section, the court may award to the prevailing party reasonable attorney fees at trial and on appeal and costs.

(4) Any permanent injunction or judgment or order of the court made under ORS 618.506 (Enjoining security seal violations) or 618.511 (Remedial power of court) is prima facie evidence, in an action brought under this section, that the respondent committed a security seal violation, but an assurance of voluntary compliance, whether or not approved by the court, shall not be evidence of such violation.

(5) Actions brought under this section shall be commenced within one year from the discovery of the security seal violation. However, whenever any complaint is filed by a prosecuting attorney to prevent, restrain or punish security seal violations, the running of the statute of limitations with respect to every private right of action under this section and based in whole or in part on any matter complained of in the proceeding shall be suspended during the pendency thereof. [1973 c.294 §5; 1981 c.897 §71; 1995 c.618 §91; 2003 c.576 §526]

Source: Section 618.516 — Civil action by private party; damages; attorney fees and costs; effect of court action; time for commencing action , https://www.­oregonlegislature.­gov/bills_laws/ors/ors618.­html (accessed May 26, 2025).