ORS § 618.010 — OR Code / Title 49 / Chapter 618 / Section 618.010
618.010 Definitions
Status: in_force

As used in this chapter, unless the context requires otherwise:

(1) “Advertising” or “advertisement” means any public notice or announcement of commodities for sale, services to be performed, equipment or facilities for hire, or any other thing offered to the public, via publishing or broadcasting media or by signs, banners, posters, handbills, labels or similar devices, for the purpose of inducing, directly or indirectly, the purchase or use of such commodities, services, equipment or facilities.

(2) “Commercial” or “commercially used” means any application or use in connection with or related to transactions in which, in exchange for commodities received or services rendered, consideration is given in terms of currency, negotiable instruments, credit, merchandise or any other thing of value.

(3) “Commodity” means any merchandise, product or substance produced or distributed for sale to, or use by, others.

(4) “Commodity in bulk form” means any quantity of a commodity that is not a commodity in package form.

(5) “Commodity in package form” means any quantity of a commodity put up or packaged in any manner in advance of sale, in units suitable for either wholesale or retail sale by weight, volume, measure or count, exclusive, however, of any auxiliary shipping container enclosing packages that individually conform to the requirements of ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products) . An individual item or lot of any commodity not in package form as defined in this subsection, but on which there is marked a selling price based on an established price per unit of weight or of measure, is a commodity in package form.

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

(7) “Director” means the Director of Agriculture.

(8) “Inspector” means any state officer or employee designated by the director as a supervisor of, or an inspector of, weights and measures.

(9) “Intrastate commerce” means any and all commerce or trade begun, carried on and completed wholly within the limits of this state.

(10) “Introduced into intrastate commerce” means the time and place at which the first sale and delivery of a commodity is made within this state, the delivery being made either directly to the purchaser or to a common carrier for shipment to the purchaser.

(11) “Liquid-fuel measuring device” means any meter, pump, tank, gage or apparatus used for volumetrically determining the quantity of any internal combustion engine fuel, liquefied petroleum gas or low-viscosity heating oil.

(12) “National Institute of Standards and Technology” means the National Institute of Standards and Technology of the Department of Commerce of the United States.

(13) “Sale” and “sell” include barter and exchange.

(14) “Security seal” means a lead-and-wire seal, or similar nonreusable closure, attached to a weighing or measuring instrument or device for protection against undetectable access, removal, adjustment or unauthorized use.

(15) “Vehicle” means any wheeled conveyance in, upon or by which any property, livestock or commodity is or may be transported or drawn, but does not include railroad rolling stock.

(16) “Weighing device” means any scale, balance or apparatus used for gravimetrically determining the quantity of any commodity on a discrete or continuous basis.

(17) “Weights and measures” means all weights and measures, instruments and devices of every kind for weighing and measuring, and any appliances and accessories associated with any or all such instruments and devices. However, “weights and measures” does not include meters for the measurement of electricity, gas or water when operated in a system of a public utility, as that term is defined in ORS 757.005 (Definition of public utility) . [Amended by 1973 c.293 §1; 1975 c.615 §1; 1977 c.132 §3; 1999 c.237 §1; 2003 c.14 §366; 2005 c.22 §413; 2007 c.71 §186]

Source: Section 618.010 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors618.­html (accessed May 26, 2025).
ORS § 624.073 — OR Code / Title 49 / Chapter 624 / Section 624.073
624.073 Revocation, suspension or refusal of license
Status: in_force

(1) If the Director of the Oregon Health Authority determines that a critical violation of ORS 624.010 (Definitions for ORS 624.010 to 624.121) to 624.121 (State Food Service Advisory Committee) , or any rule promulgated pursuant thereto, exists in a restaurant or bed and breakfast facility and the critical violation constitutes a potential danger to the public health, the director may revoke, suspend or refuse to issue the license required by ORS 624.020 (License) if, after a reasonable time has been given for correction of the violation, but not longer than 14 days, the violation continues to exist. The director shall reinstate a license that has been revoked or suspended if the director determines that the violation has been corrected.

(2) Notwithstanding ORS 624.020 (License) , if the director determines that a critical violation of ORS 624.010 (Definitions for ORS 624.010 to 624.121) to 624.121 (State Food Service Advisory Committee) , or any rule promulgated pursuant thereto, exists in a restaurant or bed and breakfast facility and the critical violation constitutes an imminent or present danger to the public health, the director may order immediate correction, use of an approved alternative procedure or closure of the restaurant or bed and breakfast facility by written notice thereof to the operator. The inspection report carrying a statement ordering closure and specifying the reasons therefor signed by the director and delivered to the operator may serve as the written notice of the closure. The director shall use inspection forms that clearly display notice that procedures are available to the licensee under ORS chapter 183 for appeal of the closure order. A copy of the notice shall be filed with the records of the Oregon Health Authority. The closure order shall have the effect of an immediate revocation of the operator’s license. If requested, the director shall provide a prompt hearing after the closure in accordance with ORS chapter 183.

(3) If the director determines that closure of the restaurant or bed and breakfast facility is necessary because failure to correct a critical violation or implement an approved alternative procedure constitutes a potential danger to the public health, or failure to correct a critical violation or implement an approved alternative procedure constitutes an imminent or present danger to the public health, the director shall:

(a) Notify the owner or person in charge of the restaurant or bed and breakfast facility that such restaurant or bed and breakfast facility shall not be used for food service purposes until the critical violations specified in the inspection report have been corrected; and

(b) Post a notice of closure upon the restaurant or bed and breakfast facility at the customary entrance to the restaurant or bed and breakfast facility in public view to the effect that the restaurant or bed and breakfast facility is closed for operation because a critical violation exists.

(4) Intentionally left blank —Ed.

(a) No person shall remove a notice of closure from a restaurant or bed and breakfast facility until the violation which caused the notice to be posted has been corrected.

(b) No person shall operate a restaurant or bed and breakfast facility upon which a notice of closure has been posted until the violation which caused the notice to be posted has been corrected and the notice has been removed.

(5) The director shall define clearly the criteria and rules for conformance to acceptable food service practices used to determine the restaurant or bed and breakfast facility sanitation score to insure statewide uniformity in the inspection and licensing processes. Critical violations which constitute a potential danger to the public health and critical violations which constitute an imminent or present danger to the public health shall be clearly defined. Minimum acceptable food service standard procedures shall be clearly defined by setting a minimum acceptable sanitation score for a licensed restaurant or bed and breakfast facility.

(6) If a restaurant or bed and breakfast facility obtains a sanitation score of less than the minimum acceptable standard, the restaurant or bed and breakfast facility operator or person in charge of the restaurant or bed and breakfast facility shall be notified of impending closure if, after reinspection within 30 days, the sanitation score does not meet minimum acceptable food service standards. If closure action is taken after reinspection, the restaurant or bed and breakfast facility may not be operated until the restaurant or bed and breakfast facility operator submits a plan for correction of the violations that receives the approval of the director and a subsequent inspection of the restaurant or bed and breakfast facility produces a sanitation score that meets minimum acceptable food service standards.

(7) The authority may establish a more frequent inspection schedule for a restaurant licensed under ORS 624.020 (License) that fails to meet specific minimum standards established by the authority. The authority may charge a fee for costs associated with the performance of additional inspections.

(8) As used in this section, “imminent” means impending or likely to develop without delay. [Formerly 624.085; 2009 c.595 §1007]

Source: Section 624.073 — Revocation, suspension or refusal of license; closure; sanitation score; inspection schedule; fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors624.­html (accessed May 26, 2025).
ORS § 633.489 — OR Code / Title 49 / Chapter 633 / Section 633.489
633.489 Certification of dyes or other additives
Status: in_force

(1) The State Department of Agriculture, by rule and in consultation with the Department of State Police, shall certify each brand of nontoxic dye or other additive that a distributor or user may add to anhydrous ammonia.

(2) In accordance with applicable provisions of ORS chapter 183, the State Department of Agriculture shall adopt rules establishing standards to be used in making certifications under this section and for the administration of ORS 633.491 (Anhydrous Ammonia Additive Review Committee) . In establishing the standards, the State Department of Agriculture shall consult with the Anhydrous Ammonia Additive Review Committee established under ORS 633.491 (Anhydrous Ammonia Additive Review Committee) . [Formerly 561.755]

Note: See note under 633.487 (Definitions for ORS 633.487 to 633.491) .

Source: Section 633.489 — Certification of dyes or other additives; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors633.­html (accessed May 26, 2025).
ORS § 624.116 — OR Code / Title 49 / Chapter 624 / Section 624.116
624.116 When alternative food service criteria applicable
Status: in_force

The Director of the Oregon Health Authority may declare that an extraordinary situation exists and may apply alternative food service criteria in an establishment operated to prepare or serve food or beverages to indigent or needy persons by a benevolent organization, as defined by ORS 624.101 (“Benevolent organization” defined) , without charge or solicitation from those served. [Formerly 624.035; 2009 c.595 §1015]

Source: Section 624.116 — When alternative food service criteria applicable , https://www.­oregonlegislature.­gov/bills_laws/ors/ors624.­html (accessed May 26, 2025).
ORS § 632.838 — OR Code / Title 49 / Chapter 632 / Section 632.838
632.838 Legislative findings
Status: in_force

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

Source: Section 632.838 — Legislative findings , https://www.­oregonlegislature.­gov/bills_laws/ors/ors632.­html (accessed May 26, 2025).
ORS § 634.500 — OR Code / Title 49 / Chapter 634 / Section 634.500
634.500 Definitions for ORS 634.500 to 634.520
Status: in_force

As used in ORS 634.500 (Definitions for ORS 634.500 to 634.520) to 634.520 (Report of sales to department) :

(1) “Low-leaching tributyltin antifouling paint or coating” means a tributyltin-based marine antifouling paint or coating that has a steady state release rate of not more than 5.0 micrograms per square centimeter per day as determined in accordance with a United States Environmental Protection Agency (EPA) testing procedure as outlined in the EPA data call-in notice of July 29, 1986, on tributyltin in antifoulant paints under the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. 136. If a lower release rate is determined by the Environmental Quality Commission to be necessary to protect health or the environment, such rate, if adopted by rule by the commission, shall be the acceptable release rate.

(2) “Tributyltin-based marine antifouling paint or coating” means a paint, coating or treatment that contains tributyltin or a triorganotin compound used as a substitute for tributyltin and that is intended to control fouling organisms in a freshwater or marine environment.

(3) “Waters of the state” has the meaning given that term in ORS 468B.005 (Definitions for water pollution control laws) . [1987 c.207 §2]

Source: Section 634.500 — Definitions for ORS 634.500 to 634.520 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 632.918 — OR Code / Title 49 / Chapter 632 / Section 632.918
632.918 Classifications and standards for certified horticultural and agricultural processes
Status: in_force

The State Department of Agriculture may adopt by rule classifications and standards for horticultural and agricultural processes certified under ORS 632.940 (Inspection and classification of horticultural and agricultural products by department) . Classifications and standards for horticultural and agricultural processes adopted under this section are in addition to the grades, standards or classifications for horticultural or agricultural products or containers adopted under ORS 632.905 (Grades and standards for horticultural and agricultural products and containers) and 632.910 (Factors to be considered in establishing grades, standards or classifications) . [2003 c.602 §2]

Note: 632.918 (Classifications and standards for certified horticultural and agricultural processes) was added to and made a part of 632.900 (“Horticultural and agricultural products” defined) to 632.935 (Adoption of United States standards) by legislative action but was not added to any other series. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 632.918 — Classifications and standards for certified horticultural and agricultural processes; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors632.­html (accessed May 26, 2025).
ORS § 616.245 — OR Code / Title 49 / Chapter 616 / Section 616.245
616.245 Adding poisonous or deleterious substance
Status: in_force

Any poisonous or deleterious substance, other than a pesticide, added to any food except when the substance is required in the production thereof or cannot be avoided by good manufacturing practice shall be deemed to be unsafe for purposes of the application of ORS 616.235 (When food deemed adulterated) (1)(b). When the substance is so required or cannot be so avoided, the State Department of Agriculture shall adopt rules limiting the quantity of the substance to the extent the department finds necessary for the protection of public health, and any quantity exceeding the limits so fixed shall also be deemed to be unsafe for purposes of the application of ORS 616.235 (When food deemed adulterated) (1)(b). While such a rule is in effect limiting the quantity of any such substance in the case of any food, the food is not, by reason of bearing or containing any added amount of such substance, considered to be adulterated within the meaning of ORS 616.235 (When food deemed adulterated) (1)(a). In determining the quantity of the added substance to be tolerated in or on different articles of food, the department shall take into account the extent to which the use of the substance is required or cannot be avoided in the production of each article and the other ways in which the consumer may be affected by the same or other poisonous or deleterious substances. [Amended by 1973 c.227 §7; 2005 c.22 §412]

Source: Section 616.245 — Adding poisonous or deleterious substance; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 625.180 — OR Code / Title 49 / Chapter 625 / Section 625.180
625.180 License fees
Status: in_force

(1) Every bakery or bakery distributor doing business in this state shall pay a license fee.

(2) The State Department of Agriculture may adopt rules establishing license fee schedules for:

(a) A bakery distributor;

(b) A domestic kitchen bakery; and

(c) A bakery other than a domestic kitchen bakery.

(3) The department may determine the license fee for a bakery or bakery distributor based upon the annual gross sales by the applicant. In establishing the amount of the license fee for a bakery or bakery distributor, the department shall use the annual gross sales by that bakery or distributor within Oregon during the prior calendar year or, if the bakery or distributor maintains sales records on a fiscal basis, the prior fiscal year. If the bakery or distributor applying for an original license or for a renewal license cannot provide the annual gross sales for a full calendar year, the department shall base the fee on estimated annual gross sales by the bakery or distributor. If a bakery or distributor whose previous year’s fee was determined using an estimated gross sales figure applies for renewal of that license, the fee for the previous license year shall be adjusted to reflect the actual gross sales by the bakery or distributor.

(4) 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 bakery distributor having the same volume of gross sales or for a bakery 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. Fee schedules adopted under this section may not change the amount of the same license fee more frequently than once each year. [Amended by 1967 c.244 §1; 1973 c.243 §2; 1975 c.312 §2; 1982 s.s.1 c.4 §11; 1983 c.503 §1; 1989 c.253 §3; 1991 c.632

§6; 2005 c.22 §442; 2005 c.735 §§13,14; 2012 c.64 §11]

Note: The amendments to 625.180 (License fees) by section 41, 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 6, chapter 386, Oregon Laws 2019, is set forth for the user’s convenience.

625.180 (License fees) . (1) Every bakery or bakery distributor doing business in this state shall pay a license fee.

(2) The State Department of Agriculture may adopt rules establishing license fee schedules for:

(a) A bakery distributor;

(b) A domestic kitchen bakery; and

(c) A bakery other than a domestic kitchen bakery.

(3) The department may determine the license fee for a bakery or bakery distributor based upon the annual gross sales by the applicant. In establishing the amount of the license fee for a bakery or bakery distributor, the department shall use the annual gross sales by that bakery or distributor within Oregon during the prior calendar year or, if the bakery or distributor maintains sales records on a fiscal basis, the prior fiscal year. If the bakery or distributor applying for an original license or for a renewal license cannot provide the annual gross sales for a full calendar year, the department shall base the fee on estimated annual gross sales by the bakery or distributor. If a bakery or distributor whose previous year’s fee was determined using an estimated gross sales figure applies for renewal of that license, the fee for the previous license year shall be adjusted to reflect the actual gross sales by the bakery or distributor.

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

Source: Section 625.180 — License fees; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors625.­html (accessed May 26, 2025).
ORS § 632.485 — OR Code / Title 49 / Chapter 632 / Section 632.485
632.485 Enforcement
Status: in_force

(1) The director and all authorized agents of the State Department of Agriculture shall enforce ORS 632.450 (Definitions for ORS 632.450 to 632.485) to 632.485 (Enforcement) and to that end may enter any place or conveyance within this state where any fruit, nuts or vegetables are produced, stored, packed, delivered for shipment, loaded, shipped, being transported, or sold, and inspect all such fruit, nuts or vegetables and the containers thereof and take for inspection such representative samples of the fruit, nuts or vegetables and such containers, as may be necessary, to determine whether or not ORS 632.450 (Definitions for ORS 632.450 to 632.485) to 632.485 (Enforcement) have been violated.

(2) Whenever a duly authorized representative of the department finds, or has probable cause to believe, that any products are marked, labeled or packed in violation of ORS 632.450 (Definitions for ORS 632.450 to 632.485) to 632.485 (Enforcement) , the representative shall seize the products and proceed in the manner directed by law for the disposal of products seized by the department. [Formerly 616.540]

Source: Section 632.485 — Enforcement; entry and inspection; seizure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors632.­html (accessed May 26, 2025).
ORS § 632.940 — OR Code / Title 49 / Chapter 632 / Section 632.940
632.940 Inspection and classification of horticultural and agricultural products by department
Status: in_force

(1) Except as provided in ORS 632.945 (Procedure for department inspection and classification) , the State Department of Agriculture may designate an employee or agent of the department to inspect or classify horticultural and agricultural products, or the processes used in connection with those products, when those services are requested by persons having an interest in the products or processes.

(2) The department may ascertain and certify to the interested persons the grade, classification, quality, condition or amount of the products, the processes used in connection with the products or other pertinent facts relating to the products or processes that the persons may request.

(3) The department may fix, assess and collect, or cause to be collected, fees for the services performed by employees or agents of the department under this section. The fees must have a uniform basis and be in an amount reasonably necessary to cover the cost of the inspection and administration of this section. The department shall adjust the fees to be collected under this section to meet the expenses necessary to carry out the provisions of this section, and may prescribe a different scale of fees for different localities.

(4) The department may prescribe a reasonable charge for traveling expenses and services if performing the services described in this section involves unusual cost to the department.

(5) All fees and charges received by the department under this section and ORS 632.211 (Establishment of grades and standards) , 632.600 (Inspection districts) and 632.945 (Procedure for department inspection and classification) must be deposited in the Department of Agriculture Service Fund, and are continuously appropriated to the department for the enforcement of this section and ORS 632.211 (Establishment of grades and standards) , 632.600 (Inspection districts) and 632.945 (Procedure for department inspection and classification) . [Formerly 616.445; 1979 c.499 §29; 1997 c.410 §3; 2003 c.602 §5; 2013 c.120 §4]

Source: Section 632.940 — Inspection and classification of horticultural and agricultural products by department; fees and charges , https://www.­oregonlegislature.­gov/bills_laws/ors/ors632.­html (accessed May 26, 2025).
ORS § 624.084 — OR Code / Title 49 / Chapter 624 / Section 624.084
624.084 Seasonal temporary restaurants
Status: in_force

(1) A person may not operate a seasonal temporary restaurant without first procuring a license to do so from the Oregon Health Authority. The seasonal temporary restaurant license shall be posted in a conspicuous place on the premises of the licensee.

(2) Application for a seasonal temporary restaurant license shall be in writing in the form prescribed by the authority and shall contain the name and address of the applicant, the specific location of the seasonal temporary restaurant, the name of the oversight organization arranging the public gatherings, entertainment events, food product promotions or other events to be served by the seasonal temporary restaurant, an operating plan and any other information the authority may require. Except as provided in ORS 624.106 (Issuance of single-event temporary restaurant license to benevolent organization) , an applicant for a seasonal temporary restaurant license or renewal of a seasonal temporary restaurant license shall pay to the authority the appropriate license fee under ORS 624.490 (License fees) .

(3) A seasonal temporary restaurant license shall expire 90 days after issuance. However, a license shall terminate immediately if:

(a) The seasonal temporary restaurant prepares or serves food for consumption by the public that is not in connection with a public gathering, entertainment event, food product promotion or other event held by the oversight organization identified in the license application for the seasonal temporary restaurant;

(b) The location of the seasonal temporary restaurant changes; or

(c) The menu is substantially altered as defined by authority rules.

(4) The Director of the Oregon Health Authority may suspend, deny or revoke a seasonal temporary restaurant license if it appears, after a reasonable time has been given for correction of a sanitation violation, that the applicant does not meet applicable minimum sanitation standards as described in ORS 624.010 (Definitions for ORS 624.010 to 624.121) to 624.121 (State Food Service Advisory Committee) or in a rule adopted under ORS 624.010 (Definitions for ORS 624.010 to 624.121) to 624.121 (State Food Service Advisory Committee) . Any suspension, denial or revocation action shall be taken in accordance with ORS chapter 183. [2011 c.664 §3]

Source: Section 624.084 — Seasonal temporary restaurants , https://www.­oregonlegislature.­gov/bills_laws/ors/ors624.­html (accessed May 26, 2025).
ORS § 634.653 — OR Code / Title 49 / Chapter 634 / Section 634.653
634.653 Appointment of State Integrated Pest Management Coordinator
Status: in_force

The Dean of the College of Agricultural Sciences of Oregon State University shall appoint a faculty member of the college who has administrative and technical experience in integrated pest and production management matters to act as the State Integrated Pest Management Coordinator. The coordinator shall serve at the pleasure of the dean. [2013 c.289 §2]

Note: See note under 634.650 (Definitions for ORS 634.650 to 634.665) .

Source: Section 634.653 — Appointment of State Integrated Pest Management Coordinator , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 618.061 — OR Code / Title 49 / Chapter 618 / Section 618.061
618.061 Testing weights and measures at institutions supported by state funds
Status: in_force

The State Department of Agriculture shall, from time to time, test all weights and measures used in checking the receipt or disbursement of supplies in every institution for the maintenance of which moneys are appropriated by the Legislative Assembly, and report its findings in writing to the supervisory board or to the executive officer of the institution concerned. [1973 c.293 §7]

Source: Section 618.061 — Testing weights and measures at institutions supported by state funds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors618.­html (accessed May 26, 2025).
ORS § 633.750 — OR Code / Title 49 / Chapter 633 / Section 633.750
633.750 Disposition of fees and charges paid under ORS 633.511 to 633.750
Status: in_force

All fees paid to the State Department of Agriculture pursuant to 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) , other than the fees and charges specified in ORS 633.610 (Seed testing fund) and 633.630 (Certification fund) , shall be deposited in the Department of Agriculture Service Fund. All such moneys are continuously appropriated to the department for the purpose of carrying out those sections. [Amended by 1979 c.499 §32; 2003 c.14 §388]

Source: Section 633.750 — Disposition of fees and charges paid under ORS 633.511 to 633.750 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors633.­html (accessed May 26, 2025).
ORS § 618.151 — OR Code / Title 49 / Chapter 618 / Section 618.151
618.151 Commercial use of unlicensed weighing or measuring instrument prohibited
Status: in_force

The owner or person in possession of weighing or measuring instruments or devices for which the license fees have not been paid in the manner required by ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products) may not use the weighing or measuring instruments or devices for commercial purposes. [1973 c.293 §35; 1979 c.333 §1; 2005 c.22 §428]

Source: Section 618.151 — Commercial use of unlicensed weighing or measuring instrument prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors618.­html (accessed May 26, 2025).
ORS § 632.985 — OR Code / Title 49 / Chapter 632 / Section 632.985
632.985 Transporting of agricultural or horticultural products subject to inspection
Status: in_force

(1) An operator or person in charge of any motor vehicle may not transport on the streets or highways of this state any agricultural or horticultural products for which inspection is required by law, out of, into or through any inspection district, so designated by the State Department of Agriculture, or out of, into or through any city that has been declared an inspection point, unless the operator or person has given notice by mail or in person to the nearest office or inspector of the department, that such products or any thereof are available for inspection as required by law.

(2) Every person receiving any shipment, load or lot of such products, that has not been inspected, for the purpose of sale or storage in such quantities and in such places as would require inspection, shall give notice within 24 hours by mail or in person, to the nearest office or inspector of the department that the products have been received and are being held for inspection. [Formerly 616.480; 2013 c.118 §6]

Source: Section 632.985 — Transporting of agricultural or horticultural products subject to inspection; notice , https://www.­oregonlegislature.­gov/bills_laws/ors/ors632.­html (accessed May 26, 2025).
ORS § 628.995 — OR Code / Title 49 / Chapter 628 / Section 628.995
628.995 Civil penalties
Status: in_force

(1) In addition to any penalty available under ORS 561.190 (Rules and regulations) or 628.990 (Criminal penalties) , the State Department of Agriculture may impose a civil penalty for a 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) or of rules or regulations adopted under 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) . 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 §22]

Source: Section 628.995 — Civil penalties; rules; hearing; disposition of moneys , https://www.­oregonlegislature.­gov/bills_laws/ors/ors628.­html (accessed May 26, 2025).
ORS § 634.106 — OR Code / Title 49 / Chapter 634 / Section 634.106
634.106 Applicability of ORS 634.112 to 634.126 and 634.146
Status: in_force

ORS 634.112 (Renewal of licenses or certificates) to 634.126 (Trainee certificate) and 634.146 (Records required of operators) shall not apply to:

(1) Manufacturers of materials engaged in research or experimental work on pesticides.

(2) Persons engaged in the business of a pesticide operator or applicator only in the application of any pollenicide.

(3) Persons licensed as veterinarians under ORS chapter 686 who are engaged in the practice of veterinary medicine within the scope of their veterinary medicine practice and employees of licensed veterinarians when acting within the scope of their employment.

(4) A farmer or forestland owner applying pesticides, other than restricted-use pesticides, by use of equipment of the farmer or forestland owner for others on an occasional basis not amounting to a principal or regular occupation, if the farmer does not publicly hold out as a pesticide applicator and if the pesticides that are applied are furnished by the owner of the land on which such pesticides are applied.

(5) Persons who do not advertise or publicly hold themselves out as being in the business of applying pesticides but whose main or principal work or business is the maintenance of small or home lawns, shrubs or gardens.

(6) Persons who do not advertise or publicly hold themselves out as being in the business of applying pesticides and whose principal activity or business as related to pesticides is selling pesticides or selling or leasing equipment.

(7) Railroads, to the extent that the application of pesticides is by their regular employees, on land or property under their ownership, supervision, control or jurisdiction, except that if power-operated spray equipment is used for applying volatile herbicides, the application shall be under the direct supervision of a licensed public applicator. [1973 c.341 §22; 1995 c.360 §1; 2001 c.307 §1]

Source: Section 634.106 — Applicability of ORS 634.112 to 634.126 and 634.146 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 616.270 — OR Code / Title 49 / Chapter 616 / Section 616.270
616.270 Determining when label or advertisement misleading
Status: in_force

If any article is alleged to be misbranded because the labeling is misleading, or if any advertisement is alleged to be false because it is misleading, then in determining whether the labeling or advertisement is misleading, there shall be taken into account, among other things, not only representations made or suggested by statement, word, design, device, sound or in any combination thereof, but also the extent to which the labeling or advertisement fails to reveal facts material in the light of such representations or material with respect to consequences which may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are customary or usual.

Source: Section 616.270 — Determining when label or advertisement misleading , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 633.680 — OR Code / Title 49 / Chapter 633 / Section 633.680
633.680 Establishment of standards of germination
Status: in_force

(1) The Director of Agriculture shall establish standards of germination for vegetable seed, and shall make reasonable rules and regulations necessary to effectuate the purpose of 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) , covering:

(a) Licensing, suspension, reinstatement and revocation of licenses, which rules and regulations shall conform to the law governing suspension, refusal or revocation of licenses by the State Department of Agriculture.

(b) Regulatory and official sampling.

(c) Labeling of seeds, including such additional information as may be required in order to maintain uniformity with the laws and regulations of the federal government or of other states.

(d) Quarantining, which rules and regulations shall conform to the law for establishment of quarantines by the State Department of Agriculture.

(e) Seizure, treatment and disposition of seeds from outside this state.

(f) Seizure of seeds.

(g) Changes in the list of prohibited noxious weed seeds and in the list of restricted noxious weed seeds.

(h) Tolerances for differences between the contents of a container of agricultural, flower or vegetable seed and the label thereon.

(i) The types of records and the procedures for handling forms and records that must be kept by seed dealers and seed conditioners.

(j) The identity of varieties of agricultural seed required by ORS 633.520 (Labeling agricultural seed or bulk flower seed) .

(k) The variations in time provided for in ORS 633.651 (Prohibited acts) .

(L) The use and labeling of hermetically sealed or other types of containers or conveyances involving seeds.

(m) The type of analysis tests that must be conducted to develop information used in preparing seed labels or tags.

(2) The director may adopt rules establishing standards for forms used in reporting analysis of seed.

(3) The director may establish fees and charges for official sampling, applied for by the owner, at an amount sufficient to cover the cost. The director may also establish reasonable charges covering issuance of permits, and the treatment and disposition of seeds seized and held under quarantine. However, in any case where the service involved is in such location or under such circumstances that the usual fees or charges are insufficient to cover the expense, the director may make additional charges to avoid loss to this state. [Amended by 1955 c.379 §17; 1969 c.132 §6; 1995 c.371 §8; 2011 c.356 §15]

Source: Section 633.680 — Establishment of standards of germination; rules and regulations; fees and charges , https://www.­oregonlegislature.­gov/bills_laws/ors/ors633.­html (accessed May 26, 2025).
ORS § 616.020 — OR Code / Title 49 / Chapter 616 / Section 616.020
616.020 Surveys, investigations and inquiries by Oregon Health Authority
Status: in_force

(1) In addition to any Oregon Health Authority survey, investigation or inquiry authorized by law that involves the production, processing or distribution of agricultural products, the authority shall make such further surveys, investigations or inquiries as may be requested by the Director of Agriculture for the purpose of showing the manner in which the production, processing or distribution of agricultural products may affect the public health.

(2) In order that maximum protection to the public health may result from the activities of the authority and the State Department of Agriculture, the authority shall notify the Director of Agriculture in writing of any contemplated survey that affects or may affect agricultural products that are under the regulation of the department. The notice shall cover in detail the scope of the survey under consideration, and the reasons therefor. However, this section shall not be construed as prohibiting the authority from taking immediate action in any case where such action seems necessary in the interests of public health. The written notice is not required in the case of a survey instituted on the request of the Director of Agriculture.

(3) Not less than 30 days after the completion of any such survey, the authority shall file with the Director of Agriculture a certified copy of its report. The report shall include the findings of the authority with respect to all matters covered thereby. Whenever the findings in the report of any survey, investigation or inquiry made by the authority show any hazard to public health existing incident to the production, processing or distribution of any agricultural commodity, the State Department of Agriculture shall take such action as may be necessary and within the scope of its resources to remove such hazards. [Amended by 2001 c.900 §208; 2003 c.14 §362; 2009 c.595 §993]

Source: Section 616.020 — Surveys, investigations and inquiries by Oregon Health Authority , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 635.025 — OR Code / Title 49 / Chapter 635 / Section 635.025
635.025 Short title
Status: in_force

This chapter, which may be cited as the Oregon Nonalcoholic Beverage Plant Law, shall be enforced and carried out by the State Department of Agriculture. [1967 c.154 §2]

Source: Section 635.025 — Short title; enforcement by department , https://www.­oregonlegislature.­gov/bills_laws/ors/ors635.­html (accessed May 26, 2025).
ORS § 634.136 — OR Code / Title 49 / Chapter 634 / Section 634.136
634.136 Dealer license
Status: in_force

(1) The annual license fee for a pesticide dealer shall be established by the State Department of Agriculture not to exceed $75. A separate license shall be required for each sales outlet or location.

(2) This section shall not apply to:

(a) Any licensed pesticide operator who sells restricted-use or highly toxic pesticides as a part of services, or through licensed employees, through the use of the equipment of the licensed pesticide operator.

(b) Any state, federal or governmental agency providing restricted-use or highly toxic pesticides to its own employees for use in its own programs.

(c) Any person who sells, offers for sale, handles or distributes pesticide-fertilizer mixtures only in packages of 25 pounds or less in size. [1973 c.341 §19; 1975 c.304 §14; 1993 c.599 §4]

Source: Section 634.136 — Dealer license; fee; applicability of law , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 632.915 — OR Code / Title 49 / Chapter 632 / Section 632.915
632.915 Consideration of commercial or other use
Status: in_force

The factors that the State Department of Agriculture must consider in establishing grades, standards or classifications for a horticultural or agricultural product, or processes used in connection with a horticultural or agricultural product, apply to the extent and in the manner that those factors relate to the quality, quantity and condition of that product and the value and suitability of the product for the commercial or other use to which the product normally is put. The department may change the grades, standards or classifications established by the department to:

(1) Conform more nearly to commercial or trade requirements, practices or methods;

(2) Meet changed conditions;

(3) Comply with new and improved methods of handling, processing, packing, transporting, marketing or using the product involved;

(4) Apply or make effective any new and improved method of test, analysis or examination of the quality or condition of that product or the value or suitability of the product for its normal use; and

(5) Comply with new methods of controlling insect pests and diseases. [Formerly 616.420; 2003 c.602 §4]

Source: Section 632.915 — Consideration of commercial or other use; change of grades, standards or classifications , https://www.­oregonlegislature.­gov/bills_laws/ors/ors632.­html (accessed May 26, 2025).
ORS § 634.172 — OR Code / Title 49 / Chapter 634 / Section 634.172
634.172 Procedure for making liability claim against landowner or pesticide operator
Status: in_force

(1) No action against a landowner, person for whom the pesticide was applied or pesticide operator arising out of the use or application of any pesticide shall be commenced unless, within 60 days from the occurrence of the loss, within 60 days from the date the loss is discovered, or, if the loss is alleged to have occurred out of damage to growing crops, before the time when 50 percent of the crop is harvested, the person commencing the action:

(a) Files a report of the alleged loss with the State Department of Agriculture;

(b) Mails or personally delivers to the landowner or pesticide operator who is allegedly responsible for the loss a true copy of the report provided for under paragraph (a) of this subsection; and

(c) Mails or personally delivers to the person for whom the pesticide was applied a true copy of the report required under paragraph (a) of this subsection if that person is not the person commencing the action.

(2) Any person who claims to have sustained any loss arising out of the use or application of any pesticide by any state agency, county or municipality may file a report of loss with the department, and mail or personally deliver a true copy of such report of loss to the state agency, county or municipality allegedly responsible, within the time provided in subsection (1) of this section.

(3) Upon receiving a report of loss as provided by this section:

(a) The department may investigate, examine and determine the extent and nature of the damage alleged to have been caused to property or crops. The department shall not determine the source of the damage, the person who may have caused the damage or the financial extent of the loss or damage. The department shall prepare and file in its office a report of the investigation, examination and determination. Copies of the report made by the department may be given upon request to persons who are financially interested in the matter.

(b) The department at the request of, and without cost to, any persons financially interested in the matter may undertake to mediate an equitable settlement of the controversy.

(4) Upon receiving a request from any person, other than a person who may file a report of loss as provided by subsection (1) or (2) of this section, the department may investigate, examine and determine the extent and nature of damage alleged to have been caused to property or crops arising out of the use or application of any pesticide by any other person, provided that the person making such request reimburses the department for its work. The department shall not determine the source of the damage, the person who may have caused the damage or the financial extent of the loss or damage. The department shall prepare and file in its office a report of the investigation, examination and determination. Copies of the report made by the department may be given upon request to persons who are financially interested in the matter.

(5) Nothing in this section shall be construed as a waiver by the State of Oregon or any state agency, county or municipality of any immunity against suit that otherwise may exist.

(6) Notwithstanding ORS 634.006 (Definitions) , as used in this section, “landowner” includes any person shown by records of the county to be the owner of land or having such land under contract for purchase. [1973 c.341 §23; 1991 c.351 §1; 1995 c.96 §2; 2015 c.833 §13]

Source: Section 634.172 — Procedure for making liability claim against landowner or pesticide operator; investigation of report of loss; claim procedure not waiver of governmental immunity , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 633.561 — OR Code / Title 49 / Chapter 633 / Section 633.561
633.561 Preparation of list of prohibited noxious weed seeds and restricted noxious weed seeds
Status: in_force

The director shall prepare a list of prohibited noxious weed seeds and a list of restricted noxious weed seeds. On the list of restricted noxious weed seeds the director, with the concurrence of the dean, shall specify the number of such seeds per pound that may be present in agricultural, flower or vegetable seed. [1955 c.379 §15; 1981 c.196 §3; 2007 c.281 §6]

Source: Section 633.561 — Preparation of list of prohibited noxious weed seeds and restricted noxious weed seeds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors633.­html (accessed May 26, 2025).
ORS § 634.022 — OR Code / Title 49 / Chapter 634 / Section 634.022
634.022 Exemption from registration for experimental pesticides
Status: in_force

(1) The provisions of ORS 634.016 (Registration of pesticides and application devices) are not applicable to pesticides used only for experimental or research purposes. Such pesticides shall be conspicuously labeled “For experimental purposes only and not for sale” in addition to the labeling requirements of ORS 634.026 (Pesticide labeling requirements) , except that they need not be labeled with directions for use or the professed standard of quality.

(2) Intentionally left blank —Ed.

(a) Subject to the exemptions set forth in paragraph (b) of this subsection, before any pesticide can be used for experimental or research purposes a person proposing to use such pesticides shall obtain approval of the State Department of Agriculture. Application for such approval shall contain such information as may be required by the department, including the location and size of the plot on which the experiment or research is to be carried out, the nature of the pesticide to be utilized, the person responsible for such activities and the intended disposition of any crops grown upon the experimental or research plot.

(b) The provisions of paragraph (a) of this subsection are not applicable to:

(A) Federal or state agencies.

(B) Experiments or research carried on in greenhouses.

(3) If any person uses pesticides for experimental purposes as provided by this section contrary to the instructions and approval issued by the department, the department may immediately revoke such approval and refuse to issue its approval to such persons on future applications. [1973 c.341 §9; 1995 c.79 §324]

Source: Section 634.022 — Exemption from registration for experimental pesticides; approval required for use of experimental pesticides; applicability of law , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 632.715 — OR Code / Title 49 / Chapter 632 / Section 632.715
632.715 Egg handler’s license
Status: in_force

(1) Unless the person holds a permit issued under ORS 632.730 (Commercial egg breaker’s permit) , a person may not sell or distribute within this state any eggs to consumers or to retailers without having first obtained an egg handler’s license from the State Department of Agriculture. The license is not required:

(a) Of a producer selling and delivering eggs of the producer’s own production directly to an individual consumer;

(b) For the sale of uncandled eggs to other than a consumer;

(c) For the sale by a retailer to a consumer of eggs that previously have been candled and graded by an egg handler in compliance with ORS 632.705 (Definitions for ORS 632.705 to 632.815) to 632.815 (Disposition of fees) ; or

(d) For the sale on consignment under ORS 616.683 (Regulatory exemption for sales location and farm direct marketer of certain agricultural products) (2)(f) of eggs produced by a licensed egg handler.

(2) Application for an egg handler’s license shall be made to the department, on forms prescribed by the department.

(3) Each egg handler’s license expires on June 30 next following the date of issuance or on such date as may be specified by department rule. The license is not transferable to any person. The original of the license shall be conspicuously displayed in the main office of the licensee. A duplicate copy of the license shall be conspicuously displayed in each separate branch, store, sales outlet, office, warehouse or location operated or owned by the licensee in which eggs are candled or graded.

(4) The department, in accordance with ORS chapter 183, may refuse to issue, or may suspend or revoke, an egg handler’s license issued under this section, or a permit issued under ORS 632.730 (Commercial egg breaker’s permit) , if the applicant, the permit holder or the licensee has violated or is violating 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. [1965 c.582 §2; 1975 c.748 §2; 1982 s.s.1 c.4 §12; 2007 c.768 §34; 2015 c.27 §56; 2017 c.88 §2; 2023 c.181 §5]

Source: Section 632.715 — Egg handler’s license , https://www.­oregonlegislature.­gov/bills_laws/ors/ors632.­html (accessed May 26, 2025).
ORS § 633.541 — OR Code / Title 49 / Chapter 633 / Section 633.541
633.541 Labeling vegetable seed weighing more than one pound
Status: in_force

Each container of vegetable seed weighing more than one pound net weight shall be labeled with:

(1) The name of the kind and variety of the contents.

(2) The lot number or other lot identification.

(3) The name and number per pound of each kind of restricted noxious weed seed, or the statement “No Noxious Found,” or a similar statement, if the sample is free of all noxious weed seeds listed in the administrative rules.

(4) The percentage of germination or, if the percentage of germination meets or exceeds the standard established by the Director of Agriculture pursuant to ORS 633.680 (Establishment of standards of germination) , at the option of the person for whom the container is labeled, the words “Oregon Standard Germination.”

(5) The percentage of hard seed, if more than one percent.

(6) The month and year the test to determine the data required by this section was completed.

(7) The name and address of the person who labeled such seed or who sells, offers or exposes such seed for sale within this state.

(8) The labeling data required by ORS 633.520 (Labeling agricultural seed or bulk flower seed) (12) and (13). [1955 c.379 §5; 1969 c.132 §4; 1995 c.371 §4]

Source: Section 633.541 — Labeling vegetable seed weighing more than one pound , https://www.­oregonlegislature.­gov/bills_laws/ors/ors633.­html (accessed May 26, 2025).
ORS § 632.465 — OR Code / Title 49 / Chapter 632 / Section 632.465
632.465 Used packages or containers
Status: in_force

It is unlawful to sell or offer for sale or to transport or offer for transportation, horticultural products in used packages or containers unless such used packages or containers are first cleaned of all foreign matter and substances and are in all respects sanitary, and unless all previous markings, brands, grade markings, labels, trademarks, names and addresses are entirely removed or so defaced as to destroy their legibility, or by turning such container or package inside out. This section does not apply to transportation from the owner’s fields to a warehouse for storage or grading and packing, or to processing plants. [Formerly 616.520]

Source: Section 632.465 — Used packages or containers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors632.­html (accessed May 26, 2025).
ORS § 616.315 — OR Code / Title 49 / Chapter 616 / Section 616.315
616.315 Jurisdiction of courts
Status: in_force

Justice courts have concurrent jurisdiction with the circuit courts for the enforcing of the provisions of ORS 616.205 (Definitions for ORS 616.205 to 616.385) to 616.295 (Reports and information issuable by department) , 616.305 (District attorney to prosecute violations) to 616.315 (Jurisdiction of courts) and 616.992 (General criminal penalty) . [Amended by 1973 c.227 §15]

Source: Section 616.315 — Jurisdiction of courts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 634.045 — OR Code / Title 49 / Chapter 634 / Section 634.045
634.045 Avoidance of adverse effects on pollinating insects
Status: in_force

(1) Intentionally left blank —Ed.

(a) Oregon State University, in consultation with the State Department of Agriculture, shall develop educational materials regarding the best practices for avoiding adverse effects from pesticides on populations of bees and other pollinating insects.

(b) The educational materials must include, but need not be limited to, measures that pesticide applicators and pesticide trainees can take to protect honeybees and bumblebees.

(c) The university and the department shall design the requirements to ensure that any pesticide applicator applying or supervising the application of a pesticide is knowledgeable regarding alternatives to, the appropriateness of, and precautions for pesticide use that may be injurious to the health of bees and other pollinating insects.

(d) The department shall make the educational materials described in this section a part of the education required for taking the pesticide applicator licensing examination under ORS 634.122 (Applicator license) and 634.124 (Noncommercial pesticide applicator license) .

(2) Intentionally left blank —Ed.

(a) Oregon State University, in consultation with the State Department of Agriculture, the State Forestry Department, the Department of Transportation and the State Department of Fish and Wildlife shall develop and annually revise a pollinator health outreach and education plan to educate the public regarding the best practices for increasing habitat for bees and other pollinating insects and avoiding adverse effects from pesticides on populations of bees and other pollinating insects. The plan shall include:

(A) Educational materials that are appropriate and effective for a broad audience, including, but not limited to, pesticide applicators, consultants, dealers, operators and trainees, noncommercial pesticide applicators and private applicators, as those terms are defined in ORS 634.006 (Definitions) , and members of the public; and

(B) A communication strategy for dissemination of educational materials using media sources, state agencies, associations and organizations.

(b) Oregon State University, including a representative of the university who specializes in pollinator health, the State Department of Agriculture, the State Forestry Department, the Department of Transportation and the State Department of Fish and Wildlife shall conduct an annual meeting to:

(A) Confer regarding the activities that the university and each agency undertook to promote pollinator health and increases in pollinator habitat in accordance with the plan developed under paragraph (a) of this subsection; and

(B) Review revisions to the plan developed under paragraph (a) of this subsection.

(3) The State Department of Agriculture shall develop a bee incident reporting system to facilitate public reporting of incidents related to pollinator health to the department.

(4) Oregon State University, in consultation with the State Department of Agriculture, shall develop a pesticide use safety plan to educate the public regarding best practices in the use of pesticides. The plan shall include:

(a) Educational materials that are appropriate and effective for a broad audience, including, but not limited to, pesticide applicators, consultants, dealers, operators and trainees and private applicators and noncommercial applicators, as those terms are defined in ORS 634.006 (Definitions) , and members of the public; and

(b) A communication strategy for dissemination of educational materials using media sources, state agencies, associations and organizations. [2014 c.40 §1; 2015 c.744 §1; 2021 c.29 §1; 2022 c.53 §5]

Note: 634.045 (Avoidance of adverse effects on pollinating insects) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 634 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 634.045 — Avoidance of adverse effects on pollinating insects , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 621.740 — OR Code / Title 49 / Chapter 621 / Section 621.740
621.740 Liability for payment of fees
Status: in_force

(1) The producer or person requesting official testing and related testing services from the State Department of Agriculture, as authorized under ORS 621.730 (Department to provide testing) and 621.750 (Sampling and testing) shall pay the fees established under ORS 621.730 (Department to provide testing) as provided by rule of the department.

(2) If the producer or person requesting the services is selling milk to a first handler, distributor, producer-distributor or dairy products plant licensee, the department may forward an itemized statement for services rendered to the person requesting the services and also to the first handler, distributor, producer-distributor or licensee. The first handler, distributor, producer-distributor or licensee shall pay the itemized amount to the department and shall deduct that amount from the amount paid to the producer or other person selling milk. Any first handler, distributor, producer-distributor or licensee who refuses to make the deduction shall pay the itemized amount to the department.

(3) Subsection (2) of this section does not relieve the producer or person requesting the services from being primarily responsible for payment to the department. The department may take all actions necessary to collect the amount due against the producer or person requesting the services. [1965 c.474 §4; 1999 c.197 §59; 2013 c.85 §5]

Source: Section 621.740 — Liability for payment of fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 618.056 — OR Code / Title 49 / Chapter 618 / Section 618.056
618.056 Testing and inspecting weights and measures offered for sale or used commercially
Status: in_force

The State Department of Agriculture may inspect and test, to ascertain if they are correct, all weights and measures sold, offered or exposed for sale. The department may, as often as it considers necessary, cause to be inspected and tested, to ascertain if they are correct, all weights and measures commercially used for one or more of the following purposes:

(1) Determining the weight, measurement or count of commodities or things sold, offered or exposed for sale, on the basis of weight, measure or count.

(2) Computing the basic charge or payment for services rendered on the basis of weight, measure or count. However, the department by rule may provide for tests to be made on representative samples of such devices. The lots of which samples are representative shall be held to be correct or incorrect upon the basis of the results of the inspection and tests on such samples.

(3) Determining quantities or amounts when a charge is made for such determination. However, in the case of single-service devices designed to be used commercially only once and to be then discarded, or devices uniformly mass-produced, as by means of a mold or die, and not susceptible of individual adjustment, the inspection and testing of each individual device is not required and the inspecting and testing requirements of this section will be satisfied when inspections and tests are made on representative samples of such devices. The lots of which samples are representative shall be held to be correct or incorrect upon the basis of the results of the inspections and tests on such samples. [1973 c.293 §8; 1977 c.132 §5; 2005 c.22 §419]

Source: Section 618.056 — Testing and inspecting weights and measures offered for sale or used commercially; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors618.­html (accessed May 26, 2025).
ORS § 628.340 — OR Code / Title 49 / Chapter 628 / Section 628.340
628.340 Fish and wild game
Status: in_force

All fish shall be so handled, placed and stored as to protect other stored foods and the plant equipment from fish flavors and fish odors. Fish and wild game shall be stored and handled only in conformity with fish and game laws of this state and regulations thereunder promulgated. Owners, operators or persons in charge of refrigerated locker plants shall not be held responsible or liable for violations of such laws and regulations by locker tenants.

Source: Section 628.340 — Fish and wild game , https://www.­oregonlegislature.­gov/bills_laws/ors/ors628.­html (accessed May 26, 2025).
ORS § 634.142 — OR Code / Title 49 / Chapter 634 / Section 634.142
634.142 Private applicator certificate
Status: in_force

(1) The State Department of Agriculture shall issue or renew a private applicator’s certificate if the applicant or certificate holder meets the certification standards established by the department pursuant to ORS 634.306 (General duties and powers of department) (14).

(2) A fee, established by the department, shall be assessed for a private applicator’s certificate or renewal thereof. The fee may not exceed $25. The time for which a certificate is valid shall be five years. [1973 c.341 §20; 1979 c.232 §2; 2003 c.14 §390]

Source: Section 634.142 — Private applicator certificate; standards; fee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 633.992 — OR Code / Title 49 / Chapter 633 / Section 633.992
633.992 Criminal penalties
Status: in_force

Violation of any of the provisions of this chapter or regulations promulgated thereunder is a misdemeanor. [1971 c.489 §10]

Source: Section 633.992 — Criminal penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors633.­html (accessed May 26, 2025).
ORS § 633.630 — OR Code / Title 49 / Chapter 633 / Section 633.630
633.630 Certification fund
Status: in_force

(1) All moneys collected as fees or charges for inspection and certification of agricultural, cereal grain, flower and vegetable seeds, and of tubers and horticultural plants, shall be receipted for and deposited in a special fund to be known as the certification fund. The fund shall be maintained by the dean, who may expend such funds for no other purposes than the following:

(a) Salaries, wages and necessary travel and other expenses of employees while on official duty.

(b) The purchase of necessary equipment, materials and supplies.

(c) Other expenses necessary to the carrying out of such inspection and certification.

(2) The expenditures shall be made in accordance with the usual disbursement of receipts of the cooperative agricultural extension service. [Amended by 1955 c.379 §11; 2007 c.281 §9]

Source: Section 633.630 — Certification fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors633.­html (accessed May 26, 2025).
ORS § 616.683 — OR Code / Title 49 / Chapter 616 / Section 616.683
616.683 Regulatory exemption for sales location and farm direct marketer of certain agricultural products
Status: in_force

(1) Except as provided in subsection (8) of this section, the following are not subject to ORS 616.695 (Definitions for ORS 616.695 to 616.755) to 616.755 (Securing information from health officers) :

(a) The use of space by a farm direct marketer for the sale, or exposure or offering for sale, of agricultural products described in subsection (2) of this section by the farm direct marketer.

(b) The sale, or exposure or offering for sale, of agricultural products described in subsection (2) of this section by a farm direct marketer.

(c) The storage or preparation of agricultural products identified for sale by a farm direct marketer.

(2) Subsection (1) of this section applies to farm direct marketer sales, and consignment sales, of the following types of agricultural products:

(a) Fresh fruit, vegetables and herbs.

(b) Fruit, vegetables and herbs, if those items are cured or dried by the agricultural producer as part of routine post-harvest handling.

(c) Dried or freeze-dried fruits, vegetables and herbs for which drying is not part of routine post-harvest handling, or herbal tea or a blend of dried herbs, if:

(A) The principal ingredients are grown by the agricultural producer; and

(B) The product is labeled with a list of ingredients and the name and address of the agricultural producer.

(d) Shelled nuts and unshelled nuts, if those items are cured or dried by the agricultural producer as part of routine post-harvest handling.

(e) Fruit-based syrups, preserves, jams, fruits and vegetables, and fruit and vegetable juices, if those items are:

(A) Producer-processed products;

(B) Acidic foods;

(C) Labeled with a list of ingredients and the name and address of the agricultural producer; and

(D) Bottled, packaged, water-bath canned or steam canned by an agricultural producer that during the preceding calendar year had annual sales of fruit-based syrups, preserves and jams, fruits and vegetables, and fruit and vegetable juices, described in subparagraphs (A) to (C) of this paragraph that in total did not exceed $50,000.

(f) Shell eggs.

(g) Honey, if not combined with other food ingredients.

(h) Olive oil.

(i) Whole, hulled, crushed or ground grains, legumes and seeds, if of a type customarily cooked before consumption.

(j) Parched or roasted grains, if of a type customarily cooked before consumption.

(k) Tree-sap-based solid sugar, cream and liquid syrup products that are made by heating sap from trees of the genuses Acer or Juglans and have a solids content of not less than 66 percent by weight, or 66 degrees Brix, and to which nothing has been added.

(L) Popcorn, nuts, peppers and corn on the cob, if those items are roasted at the place of purchase by the agricultural producer after purchase and not sold for immediate consumption.

(m) Products identified by the State Department of Agriculture by rule.

(3) Subsection (1) of this section does not apply to foods that have been commingled.

(4) Title to agricultural products sold on consignment remains with the consigning agricultural producer until the products are sold to consumers. Agricultural products sold on consignment must be clearly and conspicuously labeled with the name and business address of the consigning agricultural producer.

(5) Subsection (1) of this section applies to Internet sales of agricultural products described in subsection (2) of this section by a farm direct marketer, as long as the Internet sales:

(a) Are to persons within this state; or

(b) Comply with any applicable federal requirements concerning interstate sales of agricultural products.

(6) A farm direct marketer may contract with a third party for delivery, marketing or other facilitation of sales of agricultural products described in subsection (2) of this section, subject to the provisions of this section and any rules adopted under ORS 616.686 (Farm direct marketing rules) .

(7) Intentionally left blank —Ed.

(a) In addition to any other required labeling, agricultural products described in subsections (2)(e) to (k) of this section shall bear on the label a statement informing consumers that the product is not prepared in an inspected food establishment. Except as provided in paragraph (b) of this subsection, the required wording for the label statement is: “This product is homemade and is not prepared in an inspected food establishment.”

(b) The department may adopt rules specifying alternative wording for the label statement required under paragraph (a) of this subsection to the extent that the alternative wording is necessary in order to comply with federal requirements.

(8) The department may require that a farm direct marketer or the space used by the farm direct marketer be licensed under ORS 616.695 (Definitions for ORS 616.695 to 616.755) to 616.755 (Securing information from health officers) , if the farm direct marketer or the person in control of the space used by the farm direct marketer refuses to comply with a department rule adopted under ORS 616.686 (Farm direct marketing rules) or 616.700 (Department to enforce sanitation requirements for food and food establishments) for keeping the space used by the farm direct marketer in a clean, healthful and sanitary condition or for ensuring the condition and safety of the food the farm direct marketer provides to retail purchasers. [2011 c.288 §2; 2013 c.84 §3; 2017 c.88 §1; 2019 c.249 §1; 2023 c.181 §1]

Note: See note under 616.680 (Definitions for ORS 616.680, 616.683 and 616.686) .

Source: Section 616.683 — Regulatory exemption for sales location and farm direct marketer of certain agricultural products; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 616.680 — OR Code / Title 49 / Chapter 616 / Section 616.680
616.680 Definitions for ORS 616.680, 616.683 and 616.686
Status: in_force

As used in this section and ORS 616.683 (Regulatory exemption for sales location and farm direct marketer of certain agricultural products) and 616.686 (Farm direct marketing rules) :

(1) “Acidic foods” means bottled, packaged or canned foods that:

(a) Have a natural pH level of 4.6 or less;

(b) Are lacto-fermented; or

(c) Have acidity and water activity levels that meet the acidity and water activity standards of acidified foods as defined in 21 C.F.R. 114.3.

(2) “Agricultural producer” means a farmer, rancher or other person primarily responsible for the growing, raising and harvesting of agricultural products to a point at which the products are ready for direct sale.

(3) “Commingled” means that the agricultural products of more than one agricultural producer are mixed, pooled or otherwise combined prior to the sale of the products.

(4) “Consignment” means an agreement under which an agricultural producer sells to the retail purchaser the agricultural products of another agricultural producer that is located in the same county as the agricultural producer, or in any county adjoining a county in which the agricultural producer is located, without representing that the products were grown or raised by the seller.

(5) “Farm direct marketer” means an agricultural producer that sells directly to the retail purchaser the agricultural products grown, raised and harvested by that producer.

(6) “Producer-processed products” means foods:

(a) For which the principal ingredients are agricultural products grown, raised and harvested by the same agricultural producer that bottles, packages or cans the food; and

(b) For which ingredients other than principal ingredients are limited to herbs, spices, salt, vinegar, pectin, lemon or lime juice, honey and sugar. [2011 c.288 §1]

Note: 616.680 (Definitions for ORS 616.680, 616.683 and 616.686) , 616.683 (Regulatory exemption for sales location and farm direct marketer of certain agricultural products) and 616.686 (Farm direct marketing rules) were enacted into law by the Legislative Assembly but were 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 616.680 — Definitions for ORS 616.680, 616.683 and 616.686 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 616.215 — OR Code / Title 49 / Chapter 616 / Section 616.215
616.215 Prohibited acts
Status: in_force

The following acts and the causing thereof within the State of Oregon are prohibited:

(1) The manufacture, sale or delivery, holding or offering for sale of any food that is adulterated or misbranded.

(2) The adulteration or misbranding of any food.

(3) The receipt in commerce of any food that is adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise.

(4) The distribution in commerce of a consumer commodity if such commodity is contained in a package, or if there is affixed to that commodity a label, which does not conform to 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) , 616.330 (Alcoholic beverage exemption) , 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) and 616.992 (General criminal penalty) and of rules promulgated pursuant thereto. However, this prohibition does not apply to persons engaged in business as wholesale or retail distributors of consumer commodities except to the extent that such persons:

(a) Are engaged in the packaging or labeling of such commodities; or

(b) Prescribe or specify by any means the manner in which such commodities are packaged or labeled.

(5) The dissemination of any false advertisement.

(6) The refusal to permit entry or inspection, or to permit the taking of a sample, or to permit access to or the copying of any record, as authorized.

(7) The giving of a guaranty or undertaking which is false, except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of the person from whom the person received in good faith the food.

(8) The removal or disposal of a detained or embargoed article in violation of ORS 616.225 (Disposal of adulterated, misbranded, unsound or unsafe food or consumer commodity) .

(9) The alteration, mutilation, destruction, obliteration or removal of the whole or any part of the labeling of, or the doing of any other act with respect to a food, if such act is done while such article is held for sale and results in such article being adulterated or misbranded.

(10) Forging, counterfeiting, simulating or falsely representing, or without proper authority using any mark, stamp, tag, label or other identification device authorized or required by rules promulgated under the provisions of ORS 616.205 (Definitions for ORS 616.205 to 616.385) to 616.295 (Reports and information issuable by department) and 616.305 (District attorney to prosecute violations) to 616.315 (Jurisdiction of courts) .

(11) The use by any person to the person’s own advantage, or disclosure, other than to the Director of Agriculture or the authorized representative of the director or to the courts when relevant in any judicial proceeding under ORS 616.205 (Definitions for ORS 616.205 to 616.385) to 616.385 (Public hearing required for rules) , of any information acquired under the authority of ORS 616.205 (Definitions for ORS 616.205 to 616.385) to 616.385 (Public hearing required for rules) concerning any method or process which is a trade secret entitled to protection. [Amended by 1973 c.227 §3; 2001 c.320 §3]

Source: Section 616.215 — Prohibited acts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 621.166 — OR Code / Title 49 / Chapter 621 / Section 621.166
621.166 Application for dairy products plant license
Status: in_force

(1) As used in this section, “mobile milk tanker” means a tank or other receptacle that attaches to a bulk tank truck or other equipment and is used to transport fluid milk, milk or milk products.

(2) Application for a dairy products plant license shall be made to the State Department of Agriculture on forms provided by the department. Each license and each annual renewal shall expire on June 30 next following its issuance or on such date as may be specified by department rule. Dairy products plant licenses are personal and are not transferable.

(3) Each dairy products plant shall submit a separate fee established by the department for each mobile milk tanker. The fee does not apply to a mobile milk tanker owned and operated by a dairy products plant while transporting dairy products from the dairy products plant to wholesale or retail outlets for those products.

(4) The department may adopt rules establishing license fee schedules for:

(a) Mobile milk tankers; and

(b) Dairy products plants.

(5) The department may determine the license fee for a dairy products plant based upon the annual gross dollar volume of sales and services by the applicant. In establishing the amount of the license fee for an applicant, the department shall use the annual gross dollar volume of sales and services by that applicant within Oregon during the prior calendar year or, if the applicant maintains sales and service 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 or services for a full calendar year, the department shall base the fee on estimated annual gross sales and services by the applicant. If an applicant whose previous year’s fee was determined using an estimated gross sales and services 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 and services by the applicant.

(6) 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 fee charged during the preceding year for an equivalent mobile milk tanker or for a dairy products plant having the same volume of gross sales and services. 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. Fee schedules adopted under this section may not change the amount of the same license fee more frequently than once each year. [1953 c.686 §3; 1967 c.254 §2; 1971 c.769 §5; 1979 c.320 §6; 1982 s.s.1 c.4 §9; 1991 c.632 §5; 1999 c.197 §25; 2005 c.735 §§11,12; 2007 c.768 §§27,28; 2012 c.64 §9]

Note: The amendments to 621.166 (Application for dairy products plant license) by section 40, 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 5, chapter 386, Oregon Laws 2019, is set forth for the user’s convenience.

621.166 (Application for dairy products plant license) . (1) As used in this section, “mobile milk tanker” means a tank or other receptacle that attaches to a bulk tank truck or other equipment and is used to transport fluid milk, milk or milk products.

(2) Application for a dairy products plant license shall be made to the State Department of Agriculture on forms provided by the department. Each license and each annual renewal shall expire on June 30 next following its issuance or on such date as may be specified by department rule. Dairy products plant licenses are personal and are not transferable.

(3) Each dairy products plant shall submit a separate fee established by the department for each mobile milk tanker. The fee does not apply to a mobile milk tanker owned and operated by a dairy products plant while transporting dairy products from the dairy products plant to wholesale or retail outlets for those products.

(4) The department may adopt rules establishing license fee schedules for:

(a) Mobile milk tankers; and

(b) Dairy products plants.

(5) The department may determine the license fee for a dairy products plant based upon the annual gross dollar volume of sales and services by the applicant. In establishing the amount of the license fee for an applicant, the department shall use the annual gross dollar volume of sales and services by that applicant within Oregon during the prior calendar year or, if the applicant maintains sales and service 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 or services for a full calendar year, the department shall base the fee on estimated annual gross sales and services by the applicant. If an applicant whose previous year’s fee was determined using an estimated gross sales and services 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 and services by the applicant.

(6) The department may not adopt or enforce a rule under this section establishing a license fee for a mobile milk tanker that is higher than the license fee charged for the license year that began July 1, 2025, for an equivalent mobile milk tanker. The department may not adopt or enforce a rule under this section establishing a license fee for a dairy products plant that is higher than the license fee charged for the license year that began July 1, 2025, for a dairy products plant having the same volume of gross sales and services. Fee schedules adopted under this section may not change the amount of the same license fee more frequently than once each year.

Source: Section 621.166 — Application for dairy products plant license; rules; fee; mobile milk tanker fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 634.555 — OR Code / Title 49 / Chapter 634 / Section 634.555
634.555 Pesticide incident telephone line
Status: in_force

(1) The State Department of Agriculture, in consultation with the Pesticide Analytical and Response Center, shall establish a pesticide incident telephone line for receiving, and facilitating the coordination of public entities’ responses to, pesticide-related complaints by the public indicating possible health or environmental effects.

(2) The center shall develop and maintain standard operating procedures for use with the telephone line. The department, in consultation with the center and other affected public entities, shall periodically update the telephone line operating procedures to comply with any new standard operating procedures developed by the center. [2015 c.833 §15]

Source: Section 634.555 — Pesticide incident telephone line , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 619.380 — OR Code / Title 49 / Chapter 619 / Section 619.380
619.380 Enjoining violations
Status: in_force

In addition to other penalties and enforcement provisions contained in ORS 619.350 (“Fryer” defined) to 619.380 (Enjoining violations) , circuit courts may, upon petition of the State Department of Agriculture, enjoin by temporary or permanent injunction any violation of the provisions of ORS 619.350 (“Fryer” defined) to 619.380 (Enjoining violations) . [1959 c.385 §8; 2009 c.367 §5]

Source: Section 619.380 — Enjoining violations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors619.­html (accessed May 26, 2025).
ORS § 618.991 — OR Code / Title 49 / Chapter 618 / Section 618.991
618.991 Penalties
Status: in_force

(1) Violation of ORS 618.086 (Orders restricting distribution of weights and measures) , 618.096 (Prohibited acts involving commercial weights and measures) , 618.121 (License required for commercially operated weighing or measuring instrument) or 618.201 (Sampling of packages and commodities) is a Class B misdemeanor.

(2) For the purposes of this section, each day of violation of ORS 618.086 (Orders restricting distribution of weights and measures) , 618.096 (Prohibited acts involving commercial weights and measures) , 618.121 (License required for commercially operated weighing or measuring instrument) or 618.201 (Sampling of packages and commodities) is a separate offense and the penalties provided in subsection (1) of this section apply to each such offense. [1973 c.293 §54; 2011 c.597 §252]

Source: Section 618.991 — Penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors618.­html (accessed May 26, 2025).
ORS § 616.810 — OR Code / Title 49 / Chapter 616 / Section 616.810
616.810 Exemption for alcoholic beverages
Status: in_force

ORS 616.800 (Short title) to 616.835 (Rulemaking authority) and 616.994 (Criminal penalty for open date labeling law violations) do not apply to alcoholic beverages. [1973 c.173 §9]

Source: Section 616.810 — Exemption for alcoholic beverages , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 633.994 — OR Code / Title 49 / Chapter 633 / Section 633.994
633.994 Civil penalties for fertilizer law violations
Status: in_force

(1) In addition to any other liability or penalty provided by law, the State Department of Agriculture may assess a civil penalty against a person that violates a provision of ORS 633.311 (Definitions for ORS 633.311 to 633.479) to 633.479 (Fertilizer Research Committee) or rules adopted under ORS 633.311 (Definitions for ORS 633.311 to 633.479) to 633.479 (Fertilizer Research Committee) . The civil penalty may not be more than:

(a) $500 for the first violation within a three-year period;

(b) $1,500 for the second violation within a three-year period; and

(c) $10,000 for each subsequent violation within a three-year period.

(2) The department shall adopt rules that determine guidelines for ensuring consistency in the assessment of civil penalties.

(3) Notwithstanding subsection (1) of this section, for a violation that arises from gross negligence or willful misconduct, or that results in substantial harm to human health or the environment, the department may assess a civil penalty of not more than $10,000 for the initial violation or any subsequent violation.

(4) Each violation of a provision of ORS 633.311 (Definitions for ORS 633.311 to 633.479) to 633.479 (Fertilizer Research Committee) that results from an action is a separate and distinct violation. The department may deem each day of a continuing violation to be a separate and distinct violation.

(5) A civil penalty assessed under this section may be remitted or reduced upon terms and conditions that the Director of Agriculture considers proper and consistent with the public health and safety.

(6) If a civil penalty assessed under this section remains unpaid after the issuance of the final order, the department may, until the civil penalty is paid in full:

(a) Refuse to issue the recipient of the final order a certificate of registration under ORS 633.311 (Definitions for ORS 633.311 to 633.479) to 633.479 (Fertilizer Research Committee) for a product; and

(b) Withhold from the recipient of the final order the issuance or renewal of a license under any program administered by the department. [2001 c.914 §17; 2009 c.97 §17]

Source: Section 633.994 — Civil penalties for fertilizer law violations; rules; failure to pay penalty in full , https://www.­oregonlegislature.­gov/bills_laws/ors/ors633.­html (accessed May 26, 2025).
ORS § 622.360 — OR Code / Title 49 / Chapter 622 / Section 622.360
622.360 Cultivation does not affect ocean shore activities
Status: in_force

Nothing in ORS 622.210 (Department defined) , 622.220 (Jurisdiction) , 622.240 (Classifying lands for cultivation) , 622.250 (Application for new plats) , 622.270 (Reports of cultivators) , 622.280 (Withdrawal of unproductive lands) , 622.290 (Annual fees and taxes) , 622.320 (Plats as private property) or 622.340 (Transfer by reference to filed plat) is intended to affect activities on the ocean shore, as defined in ORS 390.605 (Definitions) . [1997 c.375 §11]

Source: Section 622.360 — Cultivation does not affect ocean shore activities , https://www.­oregonlegislature.­gov/bills_laws/ors/ors622.­html (accessed May 26, 2025).
ORS § 621.058 — OR Code / Title 49 / Chapter 621 / Section 621.058
621.058 Milk, fluid milk and dairy product grades, standards, safety and marketability
Status: in_force

(1) The State Department of Agriculture shall establish by rule, as provided in ORS chapter 183, official state grades and standards of quality applicable to all milk, fluid milk and dairy products.

(2) The grades and standards for milk, fluid milk and dairy products may from time to time be changed by the department as provided in subsection (1) of this section.

(3) The department may adopt by rule recommended or required practices for ensuring the safety or marketability of milk, fluid milk or dairy products. The rules may include, but need not be limited to, the adoption by reference, in modified or unmodified form, of any model ordinances, practices or requirements used by the federal government or multistate organizations of milk shippers. [Formerly 621.201; 2017 c.16 §1]

Source: Section 621.058 — Milk, fluid milk and dairy product grades, standards, safety and marketability; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 619.365 — OR Code / Title 49 / Chapter 619 / Section 619.365
619.365 Misrepresentation concerning grower, state of origin or fresh condition
Status: in_force

No person, by means of any representation, either verbal, printed or written, shall willfully represent or pretend that fryers or parts thereof:

(1) Were grown by any person, or in any state, other than by the person and in the state where the fryers were in fact grown; or

(2) Are fresh, if at any time after slaughter, they have ever been frozen. [1959 c.385 §4; 1967 c.301 §1; 1997 c.462 §3]

Source: Section 619.365 — Misrepresentation concerning grower, state of origin or fresh condition , https://www.­oregonlegislature.­gov/bills_laws/ors/ors619.­html (accessed May 26, 2025).
ORS § 619.071 — OR Code / Title 49 / Chapter 619 / Section 619.071
619.071 Disposition of moneys received by department
Status: in_force

All moneys received by the department pursuant to ORS 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) shall be paid into the Department of Agriculture Service Fund. Such moneys are continuously appropriated to the department for the purpose of administering ORS 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) . [1973 c.174 §15; 1979 c.499 §22]

Source: Section 619.071 — Disposition of moneys received by department , https://www.­oregonlegislature.­gov/bills_laws/ors/ors619.­html (accessed May 26, 2025).
ORS § 633.640 — OR Code / Title 49 / Chapter 633 / Section 633.640
633.640 Dean may employ assistants
Status: in_force

For the purposes of performing the duties assigned to the dean, in carrying out 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) , the dean may employ necessary assistance and delegate to such assistants, analysts and inspectors so employed the duties assigned to the dean by those sections. [Amended by 2003 c.14 §383]

Source: Section 633.640 — Dean may employ assistants , https://www.­oregonlegislature.­gov/bills_laws/ors/ors633.­html (accessed May 26, 2025).
ORS § 633.571 — OR Code / Title 49 / Chapter 633 / Section 633.571
633.571 Changes in lists
Status: in_force

(1) The Director of Agriculture, with the concurrence of the dean, may make the following changes in the list of prohibited noxious weed seeds or in the list of restricted noxious weed seeds:

(a) The addition to either list of the name of the seed of any weed.

(b) The removal from either list of the name of the seed of any weed.

(c) A change in the list of restricted noxious weed seeds of the number of such seeds per pound that may be present in agricultural, flower or vegetable seed.

(2) In determining whether the name of the seed of any weed should be added to or removed from either list, or whether a change should be made in the number of any restricted noxious weed seed that may be present in agricultural, flower or vegetable seed, the director and the dean shall consider the following factors:

(a) The prevalence of such weed in the state.

(b) The potential effect upon the seed industry and agriculture generally.

(c) Means of effective control or eradication.

(d) Toxicity to animals, including humans.

(e) Methods of separation from other seeds.

(f) Any other factor that may in the judgment of the director and the dean be a reasonable ground for making such change.

(3) The director shall cause all changes made pursuant to this section to be given to the press and made available by one or more reasonable methods for use by affected persons or other members of the public. [1955 c.379 §16; 1983 c.740 §235; 2007 c.281 §7; 2015 c.203 §24]

Source: Section 633.571 — Changes in lists; publicizing changes , https://www.­oregonlegislature.­gov/bills_laws/ors/ors633.­html (accessed May 26, 2025).
ORS § 624.650 — OR Code / Title 49 / Chapter 624 / Section 624.650
624.650 Mobile unit inspection fee
Status: in_force

(1) Notwithstanding any provision of ORS 624.010 (Definitions for ORS 624.010 to 624.121) , 624.086 (Single-event temporary restaurants) , 624.091 (Inspection of temporary restaurants) , 624.510 (Intergovernmental agreements with local public health authorities) or 624.530 (Agreement to ensure only one agency inspects facilities) , a single-event temporary restaurant as defined under ORS 624.010 (Definitions for ORS 624.010 to 624.121) that is a mobile unit as defined under ORS 624.310 (Definitions for ORS 624.310 to 624.430) is subject to a fee not to exceed $25 for inspection services if the mobile unit is licensed by:

(a) The Oregon Health Authority under ORS 624.320 (License requirement for commissary, warehouse, mobile unit or vending machine) or a local public health authority acting pursuant to an intergovernmental agreement to conduct inspections in accordance with ORS 624.370 (Inspection of commissary, warehouse, mobile unit or vending machine) ;

(b) The State Department of Agriculture or the United States Public Health Service as provided under ORS 624.330 (Exemption of certain commissaries, mobile units and vending machines from licensing requirements) ; or

(c) Another jurisdiction and permitted to be used in this state under ORS 624.410 (Commissaries and sources of supply outside jurisdiction) .

(2) This section does not prohibit the Oregon Health Authority or a local public health authority delegated authority under an intergovernmental agreement described in ORS 624.510 (Intergovernmental agreements with local public health authorities) from enforcing ORS 624.420 (Abating or enjoining violations of ORS 624.310 to 624.430) or 624.425 (Diseased persons working in commissary or mobile unit) or rules adopted by the Oregon Health Authority pursuant to ORS 624.355 (Rules) . [1995 c.686 §1; 2003 c.309 §19; 2009 c.595 §1035; 2011 c.664 §15]

Source: Section 624.650 — Mobile unit inspection fee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors624.­html (accessed May 26, 2025).
ORS § 634.222 — OR Code / Title 49 / Chapter 634 / Section 634.222
634.222 Determination of lawful establishment of protected area in actions or proceedings
Status: in_force

In any suit, action or proceeding involving the validity or enforcement of any proceeding or action of a protected area, the protected area shall be deemed to have been established in accordance with the provisions of this chapter upon proof of the filing of an order as required by ORS 634.216 (Protected area as governmental subdivision upon completion of required filings) . A copy of such order, certified as filed by the Secretary of State, shall be admissible evidence in any such suit, action or proceeding and shall be proof of the filing and contents thereof. [1973 c.341 §31]

Source: Section 634.222 — Determination of lawful establishment of protected area in actions or proceedings; certified copy of filed order as evidence , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 616.560 — OR Code / Title 49 / Chapter 616 / Section 616.560
616.560 Determination of menu item typical values
Status: in_force

(1) A chain restaurant shall determine typical values of the following for each menu item offered by the restaurant:

(a) Total calories.

(b) Total grams of saturated fat.

(c) Total grams of trans fat.

(d) Total grams of carbohydrates.

(e) Total milligrams of sodium.

(2) The typical values described in subsection (1) of this section must be based on calorie and nutrient databases, verifiable reference values, government standards, laboratory testing or other methods for determining nutritional values recognized by the Oregon Health Authority by rule.

(3) The chain restaurant shall maintain a written list of the typical values described in subsection (1) of this section for all of the menu items of the restaurant and make copies of the list available for distribution to customers. The chain restaurant shall provide a copy of the list to a customer who is present in the restaurant and requests nutritional information regarding any menu item.

(4) A chain restaurant may not make available to customers any typical values determined under this section that are substantially inaccurate or that the restaurant knows or should know to be false or misleading. [2009 c.314 §2; 2011 c.720 §209]

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

Source: Section 616.560 — Determination of menu item typical values; provision of accurate information to customers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 621.010 — OR Code / Title 49 / Chapter 621 / Section 621.010
621.010 Restraining violations
Status: in_force

(1) If the State Department of Agriculture believes that any person is engaged in or is about to engage in any act or practice that is 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) , 621.226 (Condemnation of unlawful milk, cream, dairy product or fluid milk) or 621.259 (Pasteurization equipment) or any rule or standard 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) , the department may apply for a temporary restraining order or permanent injunction pursuant to ORCP 79 or ORS 561.280 (Enjoining violations of law) prohibiting the person from engaging in that act or practice. The application for the order or injunction may be made to the circuit court of any county in which the person is engaged in or is about to engage in the unlawful act or practice. Notwithstanding ORCP 82, no security shall be required of the department to obtain the restraining order or injunction. The remedy provided the department by this section is in addition to all other remedies, civil and criminal.

(2) In a proceeding for an injunction under subsection (1) of this section, an applicant or licensee may not, as a defense, litigate collaterally any matter concerning the refusal to grant or the revocation or suspension of a license required by or issued under ORS 621.070 (License required to use grade designation) , 621.072 (Issuance of license to use grade designation) , 621.161 (Operation of dairy products plant without license prohibited) , 621.171 (Issuance of license) or 621.266 (Pasteurizer operator license) if the applicant or licensee was heard or might have been heard on that matter directly in an administrative hearing under ORS 183.413 (Notice to parties before hearing of rights and procedure) to 183.470 (Orders in contested cases) , or on an appeal from such a hearing. [1955 c.714 §1; 1961 c.425 §13; 1999 c.197 §6]

Source: Section 621.010 — Restraining violations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 624.082 — OR Code / Title 49 / Chapter 624 / Section 624.082
624.082 Intermittent temporary restaurants
Status: in_force

(1) A person may not operate an intermittent temporary restaurant without first procuring a license to do so from the Oregon Health Authority. The intermittent temporary restaurant license shall be posted in a conspicuous place on the premises of the licensee.

(2) Application for an intermittent temporary restaurant license shall be in writing in the form prescribed by the authority and shall contain the name and address of the applicant, the specific location of the intermittent temporary restaurant, a description of the public gatherings, entertainment events, food product promotions or other events to be served by the intermittent temporary restaurant, an operating plan and any other information the authority may require. Except as provided in ORS 624.106 (Issuance of single-event temporary restaurant license to benevolent organization) , an applicant for an intermittent temporary restaurant license or renewal of an intermittent temporary restaurant license shall pay to the authority the appropriate license fee under ORS 624.490 (License fees) .

(3) An intermittent temporary restaurant license shall expire 30 days after issuance. However, the license shall terminate immediately if:

(a) The intermittent temporary restaurant prepares or serves food for consumption by the public that is not in connection with a public gathering, entertainment event, food product promotion or other event held by an oversight organization;

(b) The location of the intermittent temporary restaurant changes; or

(c) The menu is substantially altered as defined by authority rules.

(4) The Director of the Oregon Health Authority may suspend, deny or revoke an intermittent temporary restaurant license if it appears, after a reasonable time has been given for correction of a sanitation violation, that the applicant does not meet applicable minimum sanitation standards as described in ORS 624.010 (Definitions for ORS 624.010 to 624.121) to 624.121 (State Food Service Advisory Committee) or in a rule adopted under ORS 624.010 (Definitions for ORS 624.010 to 624.121) to 624.121 (State Food Service Advisory Committee) . Any suspension, denial or revocation action shall be taken in accordance with ORS chapter 183. [2011 c.664 §2]

Source: Section 624.082 — Intermittent temporary restaurants , https://www.­oregonlegislature.­gov/bills_laws/ors/ors624.­html (accessed May 26, 2025).
ORS § 634.372 — OR Code / Title 49 / Chapter 634 / Section 634.372
634.372 Prohibited acts
Status: in_force

A person may not:

(1) Make false or misleading claims through any media, relating to the effect of pesticides or application methods to be utilized.

(2) As a pesticide applicator, noncommercial applicator, public applicator or pesticide operator, intentionally or willfully apply or use a worthless pesticide or any pesticide inconsistent with its labeling, or as a pesticide consultant or dealer, recommend or distribute such pesticides.

(3) Operate a faulty or unsafe pesticide spray apparatus, aircraft or other application device or equipment.

(4) Perform pesticide application activities in a faulty, careless or negligent manner.

(5) Refuse or neglect to prepare and maintain records required to be kept by the provisions of this chapter.

(6) Make false, misleading or fraudulent records, reports or application forms required by the provisions of this chapter.

(7) Operate pesticide applicators’ apparatus, machinery or equipment without a licensed pesticide applicator, licensed noncommercial pesticide applicator or certified private applicator performing the actual application, or supervising such application if such is performed by a pesticide trainee. This prohibition does not apply to the operation of tractors, trucks or other vehicular equipment used only under the supervision of a certified private applicator.

(8) As a pesticide applicator or noncommercial pesticide applicator, work or engage in the application of any classes of pesticides without first obtaining and maintaining a pesticide applicator license or noncommercial applicator license, or apply pesticides that are not specifically authorized by such license.

(9) As a pesticide operator, engage in the business of, or represent or advertise as being in the business of, applying pesticides upon the land or property of another, without first obtaining and maintaining a pesticide operator’s license. The operator also may not engage in a class of pesticide application business that is not specifically authorized by license issued by the State Department of Agriculture. The operator also may not employ or use any person to apply or spray pesticides who is not a licensed pesticide applicator or pesticide trainee.

(10) As a pesticide trainee, noncommercial pesticide trainee or public trainee, work or engage in the application of any class of pesticides without first obtaining and maintaining a pesticide trainee’s certificate and otherwise being in compliance with the provisions of this chapter.

(11) Act as, or purport to be, a pesticide dealer or advertise as such without first obtaining and maintaining a pesticide dealer’s license.

(12) Act as, or purport to be, a pesticide consultant without first obtaining and maintaining a pesticide consultant’s license.

(13) Apply any pesticide classified as a restricted-use or highly toxic pesticide to agricultural, horticultural or forest crops on land owned or leased by the person without first obtaining and maintaining a private applicator certificate.

(14) As a person described in ORS 634.106 (Applicability of ORS 634.112 to 634.126 and 634.146) (5), use power-driven pesticide application equipment or devices (use hand or backpack types only), or use or apply any pesticide other than those prescribed by the department.

(15) Deliver, distribute, sell or offer for sale any pesticide that is misbranded.

(16) Formulate, deliver, distribute, sell or offer for sale any pesticide that is adulterated.

(17) Formulate, deliver, distribute, sell or offer for sale any pesticide that has not been registered as required by ORS 634.016 (Registration of pesticides and application devices) .

(18) Formulate, deliver, distribute, sell or offer for sale any powdered pesticide containing arsenic or any highly toxic fluoride that is not distinctly colored.

(19) Distribute, sell or offer for sale any pesticide except in the manufacturer’s original unbroken package.

(20) Make application of pesticides, by aircraft or otherwise, within a protected or restricted area without first obtaining a permit for such application from the committee of the protected or restricted area in which the application is to be made. The person also may not make such application contrary to the conditions or terms of the permit so issued.

(21) Use isopropyl ester of 2,4-D, or any other ester of equal or higher volatility with regard to plant damage as determined by the department, without first obtaining a permit for such use as provided in ORS 634.322 (Enforcement powers of department) (10).

(22) Sell, use or remove any pesticide or device subjected to a “stop sale, use or removal” order until the pesticide or device has been released therefrom as provided in ORS 634.322 (Enforcement powers of department) (3). [1973 c.341 §34; 1987 c.158 §121; 1995 c.360 §2; 1999 c.1059 §§14,18; 2001 c.307 §§3,4; 2022 c.53 §9]

Source: Section 634.372 — Prohibited acts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 621.161 — OR Code / Title 49 / Chapter 621 / Section 621.161
621.161 Operation of dairy products plant without license prohibited
Status: in_force

A person shall not operate a dairy products plant unless that person has a valid dairy products plant license. A separate license is required for each dairy products plant operated. A person is not required to obtain a dairy products plant license to act as a milk hauler or to operate receiving or transfer stations in conjunction with a milk processing plant. [1953 c.686 §2; 1971 c.769 §4; 1999 c.197 §24]

Source: Section 621.161 — Operation of dairy products plant without license prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 621.056 — OR Code / Title 49 / Chapter 621 / Section 621.056
621.056 Employment of grader
Status: in_force

Each distributor, producer-distributor and dairy products plant licensee shall employ a grader who shall accurately and impartially grade all milk or fluid milk purchased by the distributor, producer-distributor or licensee from producers before it is commingled with other milk or otherwise loses its identity. [Formerly 621.206]

Source: Section 621.056 — Employment of grader , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 633.491 — OR Code / Title 49 / Chapter 633 / Section 633.491
633.491 Anhydrous Ammonia Additive Review Committee
Status: in_force

(1) The Director of Agriculture, in consultation with the Superintendent of State Police, shall appoint an Anhydrous Ammonia Additive Review Committee consisting of not fewer than six members. The term of a member is four years, but a member serves at the pleasure of the director.

(2) Members of the committee are not entitled to compensation, but in the discretion of the director may be reimbursed from funds available to the State Department of Agriculture for actual and necessary travel and other expenses incurred by them in the performance of their official duties in the manner and amount provided in ORS 292.495 (Compensation and expenses of members of state boards and commissions) .

(3) The members of the committee shall include at least one representative from each of the following:

(a) The Department of State Police.

(b) The State Department of Agriculture.

(c) Manufacturers of anhydrous ammonia fertilizers.

(d) The Oregon State University Extension Service.

(e) Retail distributors.

(f) Users who are growers of agricultural commodities.

(4) The committee:

(a) May review all relevant scientific and economic data on nontoxic dyes or other additives for anhydrous ammonia that are submitted for certification to the State Department of Agriculture under ORS 633.489 (Certification of dyes or other additives) .

(b) Shall, at a minimum, require the manufacturer of any product submitted under ORS 633.489 (Certification of dyes or other additives) to provide sufficient scientifically valid data for each submitted nontoxic dye or other additive to allow the State Department of Agriculture to determine the dye’s or additive’s:

(A) Impact on crop yield;

(B) Specific food crop residue analysis; and

(C) Impact on the environment.

(c) May issue recommendations to the director regarding whether a nontoxic dye or other additive to anhydrous ammonia should be certified by the State Department of Agriculture under ORS 633.489 (Certification of dyes or other additives) . [Formerly 561.760]

Note: See note under 633.487 (Definitions for ORS 633.487 to 633.491) .

Source: Section 633.491 — Anhydrous Ammonia Additive Review Committee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors633.­html (accessed May 26, 2025).
ORS § 624.670 — OR Code / Title 49 / Chapter 624 / Section 624.670
624.670 Disposition of fees
Status: in_force

All moneys received by the Oregon Health Authority under this chapter shall be paid into the State Treasury, deposited in the General Fund to the credit of the Public Health Account and used exclusively by the authority for the purpose of carrying out the provisions of this chapter. [1995 c.578 §12; 2001 c.975 §9; 2009 c.595 §1036]

Source: Section 624.670 — Disposition of fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors624.­html (accessed May 26, 2025).
ORS § 625.990 — OR Code / Title 49 / Chapter 625 / Section 625.990
625.990 Penalties
Status: in_force

Violation of any provision of ORS 625.010 (Definitions for ORS 625.010 to 625.270) to 625.270 (Unlawful sale prohibited) is a Class A violation. Justice courts have concurrent jurisdiction with circuit courts of all criminal offenses provided for in ORS 625.010 (Definitions for ORS 625.010 to 625.270) to 625.270 (Unlawful sale prohibited) . [Amended by 1987 c.472 §7; 1999 c.1051 §211]

Source: Section 625.990 — Penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors625.­html (accessed May 26, 2025).
ORS § 621.261 — OR Code / Title 49 / Chapter 621 / Section 621.261
621.261 Regulations regarding equipment used in pasteurization process
Status: in_force

The State Department of Agriculture shall promulgate regulations prescribing the equipment to be used in the pasteurization of dairy products and the manner of cleaning and maintaining the equipment. When the department authorizes the use of heat as a method of pasteurization, it shall prescribe the necessary regulations for the use of recording thermometers or other devices for determining the time and temperature reached during the pasteurization process. [1953 c.686 §17]

Source: Section 621.261 — Regulations regarding equipment used in pasteurization process , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 624.165 — OR Code / Title 49 / Chapter 624 / Section 624.165
624.165 Service of inspected game meat by charitable organization
Status: in_force

(1) Subject to ORS 624.070 (Examination of food and drink samples) , game meat that has been donated to a charitable organization and has been inspected and processed as provided in ORS 619.095 (When game meat inspection required) may be served for human consumption by that charitable organization.

(2) As used in subsection (1) of this section:

(a) “Charitable organization” means the Department of Human Services, Oregon Health Authority, Oregon Youth Authority, Department of Corrections institutions, low-income nutritional centers, public school nutritional centers, senior nutritional centers, state hospitals and other charitable organizations or public institutions approved by the State Department of Fish and Wildlife.

(b) “Game meat” includes antelope, bighorn sheep, deer, elk, moose and mountain goat. [1983 c.575 §4; 1987 c.320 §240; 1997 c.249 §190; 2001 c.900 §211; 2009 c.595 §1017]

COMMISSARIES, MOBILE UNITS AND VENDING MACHINES

Source: Section 624.165 — Service of inspected game meat by charitable organization , https://www.­oregonlegislature.­gov/bills_laws/ors/ors624.­html (accessed May 26, 2025).
ORS § 616.835 — OR Code / Title 49 / Chapter 616 / Section 616.835
616.835 Rulemaking authority
Status: in_force

In accordance with any applicable provision of ORS chapter 183, the State Department of Agriculture, in consultation with the industries affected, shall promulgate rules to carry out ORS 616.800 (Short title) to 616.835 (Rulemaking authority) and 616.994 (Criminal penalty for open date labeling law violations) . Such rules shall include, but are not limited to:

(1) Establishing which particular foods are subject to ORS 616.800 (Short title) to 616.835 (Rulemaking authority) and 616.994 (Criminal penalty for open date labeling law violations) .

(2) Establishing which one or more of the following types of open date is to be used for particular groups or classes of perishable foods:

(a) The packing date.

(b) The pull date.

(c) The date on which fowl, including chickens, fryers, turkeys, ducks, geese and other domesticated birds, are killed or slaughtered to be processed into perishable food.

(3) Specifying the size, content and form of the labeling information required by ORS 616.800 (Short title) to 616.835 (Rulemaking authority) and 616.994 (Criminal penalty for open date labeling law violations) .

(4) Exempting from the operation of ORS 616.800 (Short title) to 616.835 (Rulemaking authority) and 616.994 (Criminal penalty for open date labeling law violations) those perishable foods for which open date labeling would be:

(a) Impractical or not meaningful because of the size of the package or the nature of the perishable food;

(b) Possibly unconstitutional as interference with the free movement of goods in interstate commerce. [1973 c.173 §8]

Source: Section 616.835 — Rulemaking authority , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 624.121 — OR Code / Title 49 / Chapter 624 / Section 624.121
624.121 State Food Service Advisory Committee
Status: in_force

The Oregon Health Authority shall appoint a State Food Service Advisory Committee. The committee shall consist of volunteer representatives from a cross section of the food service industry, the general public, appropriate local and state groups, county environmental health specialists and other appropriate state agencies, including the State Department of Agriculture. In addition to such other duties as may be prescribed by the authority, the committee, not later than October 1 of each even-numbered year, shall submit to the authority and the Legislative Assembly recommendations regarding the implementation of ORS 624.020 (License) , 624.060 (Inspection and reinspection of restaurants and bed and breakfast facilities) , 624.073 (Revocation, suspension or refusal of license) , 624.495 (Foodborne illness prevention program) and 624.510 (Intergovernmental agreements with local public health authorities) . [Formerly 624.045; 2009 c.595 §1016; 2011 c.545 §63]

Source: Section 624.121 — State Food Service Advisory Committee; appointment; composition; duties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors624.­html (accessed May 26, 2025).
ORS § 618.136 — OR Code / Title 49 / Chapter 618 / Section 618.136
618.136 Establishing license fees
Status: in_force

(1) The license fee for each type or class of commercial weighing or measuring instrument or device shall be established by the State Department of Agriculture in an amount not to exceed the maximum limits under ORS 618.141 (Maximum license fees) . Such fees shall be established in the amounts necessary for the department to carry out and enforce the provisions of ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products) relating to the supervision of commercial weighing and measuring instruments or devices, and to maintain an emergency fund with an unencumbered balance in an amount not to exceed the cost of administering ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products) during a representative four-month period in order to ensure the orderly supervision of commercial weighing and measuring instruments or devices within this state.

(2) License fees become past due July 1 each year for renewals, and on the date of first commercial use for original installations.

(3) Except as provided in this subsection, the department may not establish a license fee under this section that is more than three percent higher than the license fee charged during the preceding year for a commercial weighing or measuring instrument or device of the same type and class. Notwithstanding the three percent limit but subject to the maximum limits under ORS 618.141 (Maximum license fees) , when establishing a license fee under this section the department may round the fee amount to the next higher whole dollar amount. The department may not change the license fee for the same type and class of commercial weighing or measuring instrument or device more than once each year.

(4) All moneys received by the department pursuant to ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products) shall be paid into the Department of Agriculture Service Fund. Such moneys are continuously appropriated to the department for the purpose of administering those provisions of ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products) relating to testing, inspection, licensing and regulation of commercial weighing and measuring instruments or devices. [1973 c.293 §32; 1977 c.132 §8; 1979 c.499 §21; 2019 c.385 §1]

Note: The amendments to 618.136 (Establishing license fees) by section 2, chapter 385, Oregon Laws 2019, become operative July 1, 2026. See section 4, chapter 385, Oregon Laws 2019. The text that is operative on and after July 1, 2026, is set forth for the user’s convenience.

618.136 (Establishing license fees) . (1) The license fee for each type or class of commercial weighing or measuring instrument or device shall be established by the State Department of Agriculture in an amount not to exceed the maximum limits under ORS 618.141 (Maximum license fees) . Such fees shall be established in the amounts necessary for the department to carry out and enforce the provisions of ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products) relating to the supervision of commercial weighing and measuring instruments or devices, and to maintain an emergency fund with an unencumbered balance in an amount not to exceed the cost of administering ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products) during a representative four-month period in order to ensure the orderly supervision of commercial weighing and measuring instruments or devices within this state.

(2) License fees become past due July 1 each year for renewals, and on the date of first commercial use for original installations.

(3) All moneys received by the department pursuant to ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products) shall be paid into the Department of Agriculture Service Fund. Such moneys are continuously appropriated to the department for the purpose of administering those provisions of ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products) relating to testing, inspection, licensing and regulation of commercial weighing and measuring instruments or devices.

Source: Section 618.136 — Establishing license fees; renewals; disposition of fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors618.­html (accessed May 26, 2025).
ORS § 618.541 — OR Code / Title 49 / Chapter 618 / Section 618.541
618.541 Loss of license for operation in violation of injunction
Status: in_force

Upon petition by the prosecuting attorney, the court may, in its discretion, order suspension or forfeiture of the license for any liquid or gaseous metering instrument or device operated in violation of the terms of any injunction issued under ORS 618.506 (Enjoining security seal violations) . [1973 c.294 §10]

Source: Section 618.541 — Loss of license for operation in violation of injunction , https://www.­oregonlegislature.­gov/bills_laws/ors/ors618.­html (accessed May 26, 2025).
ORS § 616.785 — OR Code / Title 49 / Chapter 616 / Section 616.785
616.785 Sale of unenriched flours, macaroni or noodle products prohibited
Status: in_force

(1) It shall be unlawful for any person to manufacture, mix, compound, sell or offer for sale for human consumption any of the flours, macaroni products or noodle products specified in ORS 616.775 (Definitions for ORS 616.775 to 616.790) (2) and (3) unless they are enriched.

(2) Subsection (1) of this section does not apply to flours sold to distributors, commercial bakers or other processors if such flours will be:

(a) Resold to a distributor, commercial baker or other processor;

(b) Used in the manufacture, mixing or compounding of:

(A) Enriched flour, enriched macaroni products or enriched noodle products; or

(B) Bread, buns and rolls described in ORS 625.215 (Prohibited bakery products) ; or

(c) Used in the manufacture of a cookie, biscuit or cracker. [1971 c.176 §6; 2011 c.65 §2; 2011 c.66 §3]

Source: Section 616.785 — Sale of unenriched flours, macaroni or noodle products prohibited; certain products exempted , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 616.790 — OR Code / Title 49 / Chapter 616 / Section 616.790
616.790 Enforcement of ORS 616.775 to 616.790 by department
Status: in_force

(1) The State Department of Agriculture shall enforce ORS 616.775 (Definitions for ORS 616.775 to 616.790) to 616.790 (Enforcement of ORS 616.775 to 616.790 by department) and 616.992 (General criminal penalty) and shall have, in connection therewith, all the powers conferred and imposed on it by law and any other powers necessary or proper to enable it to enforce ORS 616.775 (Definitions for ORS 616.775 to 616.790) to 616.790 (Enforcement of ORS 616.775 to 616.790 by department) and 616.992 (General criminal penalty) .

(2) For the purpose of ORS 616.775 (Definitions for ORS 616.775 to 616.790) to 616.790 (Enforcement of ORS 616.775 to 616.790 by department) and 616.992 (General criminal penalty) the State Department of Agriculture, or such officers or employees of the department as are designated, is authorized:

(a) To take food samples for analysis;

(b) To conduct examinations and investigations;

(c) To enter at reasonable times any factory, mill, bakery, warehouse, shop or establishment where any flour, bread, rolls, buns, macaroni products or noodle products specified in ORS 616.780 (Standards of identity or quality for flours, macaroni and noodle products) are manufactured, processed, packed, sold or held, or any vehicle being used for the transportation thereof;

(d) To inspect any such place or vehicle and any flours, breads, rolls, buns, macaroni products or noodle products specified in ORS 616.780 (Standards of identity or quality for flours, macaroni and noodle products) , and all pertinent equipment, materials, containers and labeling; and

(e) To make reasonable rules and regulations to carry out ORS 616.775 (Definitions for ORS 616.775 to 616.790) to 616.790 (Enforcement of ORS 616.775 to 616.790 by department) , 616.992 (General criminal penalty) , 625.160 (Powers of department) , 625.212 (Definitions for ORS 625.215) and 625.215 (Prohibited bakery products) , subject to the applicable provisions of ORS chapter 183. Such rules and regulations shall be published as provided by ORS 561.190 (Rules and regulations) .

(3) Refusal to furnish authorized officers and employees of the State Department of Agriculture, upon demand either personal or in writing, with a sufficient sample for analysis of any food product specified in subsection (2) of this section after tender of the market price therefor is prima facie evidence that such food is not enriched as required. [1971 c.176 §7; 1973 c.227 §25; 1975 c.265 §4; 2003 c.14 §365]

Source: Section 616.790 — Enforcement of ORS 616.775 to 616.790 by department; inspection; sampling; failure to permit inspection; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 632.460 — OR Code / Title 49 / Chapter 632 / Section 632.460
632.460 Establishment of grades, branding and packing requirements
Status: in_force

(1) The State Department of Agriculture may establish by rule, as provided in ORS chapter 183, grades for horticultural products and branding and packing requirements as are deemed necessary.

(2) Except as expressly provided in ORS 632.450 (Definitions for ORS 632.450 to 632.485) to 632.485 (Enforcement) , all grades and requirements relating to fruits and vegetables in effect on June 14, 1941, shall so remain unless changed under the authority conferred by ORS 632.450 (Definitions for ORS 632.450 to 632.485) to 632.485 (Enforcement) .

(3) The use of grade standards authorized to be established by this section is not mandatory unless otherwise specifically provided by law. However, the deceptive use or misuse of any grade standards is unlawful. [Formerly 616.515; 1979 c.91 §2]

Source: Section 632.460 — Establishment of grades, branding and packing requirements; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors632.­html (accessed May 26, 2025).
ORS § 622.220 — OR Code / Title 49 / Chapter 622 / Section 622.220
622.220 Jurisdiction
Status: in_force

(1) The commercial cultivation of oysters, clams and mussels is declared to be an agricultural activity subject to the regulatory authority of the State Department of Agriculture. The department shall be the lead agency responsible for state administration of programs and policies relating to the commercial cultivation of oysters, clams and mussels.

(2) Intentionally left blank —Ed.

(a) The State Fish and Wildlife Commission has jurisdiction over all native oysters, clams and mussels in the waters of this state, but not cultivated oysters, clams and mussels in plats. The commission shall prescribe such rules for the protection of native oysters, clams and mussels and for the taking of native oysters and oyster spat shells subject to the commission’s jurisdiction as in the judgment of the commission is for the best interests of the resource.

(b) It is unlawful for any person to take native oysters, clams and mussels in violation of the rules adopted by the commission. [Formerly 509.425; 1997 c.375 §2; 2005 c.22 §436; 2017 c.711 §1]

Source: Section 622.220 — Jurisdiction; rules; violations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors622.­html (accessed May 26, 2025).
ORS § 634.657 — OR Code / Title 49 / Chapter 634 / Section 634.657
634.657 Integrated Pest Management Coordinating Committee
Status: in_force

(1) There is established an Integrated Pest Management Coordinating Committee, consisting of:

(a) The State Integrated Pest Management Coordinator;

(b) The integrated pest management coordinator for each state agency listed in ORS 634.660 (Agencies and universities required to implement integrated pest management) ;

(c) A representative of public universities listed in ORS 352.002 (Public universities) , appointed by the Higher Education Coordinating Commission; and

(d) The integrated pest management coordinator for each public university listed in ORS 352.002 (Public universities) .

(2) The State Integrated Pest Management Coordinator shall chair the committee. The committee may elect a vice chair. The committee may assign duties to the chair and vice chair and provide them with the powers necessary to perform those duties.

(3) A majority of the committee members is a quorum for the purpose of conducting business. Action by the committee requires approval by a majority of the committee members.

(4) The committee shall meet three times per year at the call of the chair for the purposes of:

(a) Sharing information concerning the latest methods and approaches to integrated pest management used to reduce the risks posed by pests and concerning strategies related to pest management;

(b) Sharing information concerning program successes and knowledge gained in the implementation of integrated pest management programs;

(c) Developing an adaptive management approach to the improvement of integrated pest management by state agencies and public universities;

(d) Identifying issues regarding risk reduction and evolving innovative approaches to addressing the issues;

(e) Reporting on, and developing a set of performance metrics to adequately describe, state agency and public university progress in implementing integrated pest management;

(f) Sharing information concerning the integrated pest management programs of each state agency or public university in order to foster information exchange concerning the latest technological advances and protocols and to promote a consistent format for the programs;

(g) Achieving reductions in risks from pests and from strategies relating to pest management; and

(h) Evaluating the need for notification of pesticide use and the policies for notification as part of state agency and public university integrated pest management programs.

(5) In addition to the meetings required under subsection (4) of this section, the committee may convene as the committee deems appropriate for the purpose of coordinating state integrated pest management efforts with the work of the Invasive Species Council. The committee and the council shall jointly address the technical and management approach challenges shared by programs to reduce risks from pests and reduce threats from invasive species.

(6) The committee may identify threats of common interest to the committee and the council, determine the resources needed for addressing the threats and provide the information to state agencies and public universities.

(7) The committee shall prepare a biennial report to an interim committee of the Legislative Assembly relating to pest management matters. The report shall describe the status of state agency and public university integrated pest management programs. The committee shall biennially provide an opportunity for public comment and input for the report. The report on the state agency and public university integrated pest management programs shall include, but need not be limited to:

(a) A description of the meetings, if any, between the State Integrated Pest Management Coordinator and state agencies or public universities;

(b) A description of the meetings of the committee;

(c) A description of advances, innovations and training activities in methodologies for reducing risks from pests;

(d) A description of key problem matters, the approaches taken to address the matters and concerns remaining outstanding;

(e) Performance metric results for the implementation of integrated pest management, including but not limited to state agency and public university progress toward the goal of protecting the economy, ecosystems and water quality of this state and protecting the health and welfare of children, the elderly and other members of the public;

(f) The integrated pest management program status of each state agency and public university that uses state-owned or leased property;

(g) Examples of cost-savings and expenditures resulting from integrated pest management program implementation; and

(h) Any recommendations for integrated pest management program improvements, including but not limited to any proposals for revising the definition of “integrated pest management.”

(8) Intentionally left blank —Ed.

(a) The committee may seek funding from public or private sources to enable the committee to develop pest risk and integrated pest management metrics or to develop new technologies, strategies and approaches for addressing specific pest threats. Unless restricted by the donor, the committee may use moneys donated under this subsection for any purpose described in this subsection.

(b) The State Department of Agriculture may accept funds donated under this subsection on behalf of the committee. The moneys shall be credited to a subaccount within the Department of Agriculture Service Fund and, notwithstanding ORS 561.144 (Department of Agriculture Service Fund) and 634.326 (Use of moneys received by department) , shall be dedicated for funding activities of the committee. The Director of Agriculture shall draw warrants for the issuance of payments from the account as authorized by vote of a majority of the committee. [2013 c.289 §3; 2015 c.767 §206]

Note: See note under 634.650 (Definitions for ORS 634.650 to 634.665) .

Source: Section 634.657 — Integrated Pest Management Coordinating Committee; purposes; report; funding , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 616.015 — OR Code / Title 49 / Chapter 616 / Section 616.015
616.015 Cooperation between Oregon Health Authority and State Department of Agriculture
Status: in_force

In order to more effectively utilize the agencies of the state in the public interest and without unnecessary duplication and expense, the relationship between the production, processing and distribution of food and the public health hereby is recognized. Therefore there shall be the fullest cooperation between the Oregon Health Authority and the State Department of Agriculture. [Amended by 2009 c.595 §992]

Source: Section 616.015 — Cooperation between Oregon Health Authority and State Department of Agriculture , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 618.016 — OR Code / Title 49 / Chapter 618 / Section 618.016
618.016 Policy
Status: in_force

It is the express intent and purpose of ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products) and 618.991 (Penalties) to establish statutory authority for the administration, regulation and enforcement of weights and measures requirements generally within this state. The objectives of state supervision of weights and measures under ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products) include the following:

(1) Ensuring that weights and measures in commercial service within the state are suitable for their intended use, properly installed and accurate and are so maintained by their owner or user.

(2) Preventing unfair dealing by weight or measure in any commodity or service advertised, packaged, sold or purchased within this state.

(3) Making available to all users of physical standards or weighing and measuring equipment the precision calibration and related metrological certification capabilities of the weights and measures facilities of the State Department of Agriculture.

(4) Promoting uniformity, to the extent such conformance is practicable and desirable, between weights and measures requirements of this state and those of other states and federal agencies.

(5) Encouraging desirable economic growth while protecting the consumer through the adoption by rule of weights and measures requirements as necessary to ensure equity among buyers and sellers. [1973 c.293 §3; 2005 c.22 §414]

Source: Section 618.016 — Policy , https://www.­oregonlegislature.­gov/bills_laws/ors/ors618.­html (accessed May 26, 2025).
ORS § 625.020 — OR Code / Title 49 / Chapter 625 / Section 625.020
625.020 License required to operate bakery
Status: in_force

(1) Except as provided in subsection (2) of this section, no person shall operate or participate in the operation of any bakery within this state without a bakery license for that bakery, issued and in effect under ORS 625.010 (Definitions for ORS 625.010 to 625.270) to 625.270 (Unlawful sale prohibited) .

(2) A license is not required for a domestic kitchen type bakery that is operated in behalf of a nonprofit institution or is otherwise not operated for profit. [Amended by 1975 c.312 §1]

Source: Section 625.020 — License required to operate bakery; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors625.­html (accessed May 26, 2025).
ORS § 634.515 — OR Code / Title 49 / Chapter 634 / Section 634.515
634.515 Sale by pesticide dealer
Status: in_force

(1) Except as provided in subsection (2) of this section, in addition to any other limitation on a restricted use pesticide under this chapter, on and after September 27, 1987:

(a) A low-leaching tributyltin antifouling paint or coating may be sold in Oregon only by a pesticide dealer licensed under ORS 634.112 (Renewal of licenses or certificates) .

(b) A pesticide dealer licensed under ORS 634.112 (Renewal of licenses or certificates) may sell low-leaching tributyltin antifouling paint or coating only to a person who certifies in writing that the paint or coating is to be used for one of the uses allowed under ORS 634.510 (Conditions for sale) .

(2) Notwithstanding any provision of this chapter or any rule adopted thereunder, a pesticide dealer may sell low-leaching tributyltin antifouling paint or coating to any person, whether or not the person is a licensed applicator. [1987 c.207 §5]

Source: Section 634.515 — Sale by pesticide dealer; duties of customer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 622.270 — OR Code / Title 49 / Chapter 622 / Section 622.270
622.270 Reports of cultivators
Status: in_force

(1) Any person cultivating oysters, clams or mussels on public or private land in this state shall file an annual report with the State Department of Agriculture before March 1 of each year showing the number of gallons, bushels or dozens of each species of oysters, or the number of pounds of each species of clams or mussels harvested by the person during the preceding calendar year. The report shall be made on forms provided by the department.

(2) Individually identifiable information procured by or furnished to the department in connection with obtaining data under this section is a trade secret under ORS 192.345 (Public records conditionally exempt from disclosure) and is not subject to public disclosure under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) . The department may use and disclose the information in aggregated form. [Formerly 509.436; 1997 c.375 §5; 2015 c.814 §2]

Source: Section 622.270 — Reports of cultivators , https://www.­oregonlegislature.­gov/bills_laws/ors/ors622.­html (accessed May 26, 2025).
ORS § 624.495 — OR Code / Title 49 / Chapter 624 / Section 624.495
624.495 Foodborne illness prevention program
Status: in_force

(1) The Oregon Health Authority shall adopt rules establishing a foodborne illness prevention program for the purpose of protecting the public health. Unless an agreement entered into under ORS 624.530 (Agreement to ensure only one agency inspects facilities) provides otherwise, the program may include, but need not be limited to, provisions for preventing the spread of communicable disease through food service facilities that are subject to licensing by the authority under this chapter and for effective and rapid response to terrorism events related to those facilities.

(2) A program established by the Oregon Health Authority under this section must provide for a local public health authority that enters into an intergovernmental agreement under ORS 624.510 (Intergovernmental agreements with local public health authorities) to undertake primary responsibility for the delivery of program services within the jurisdiction of the local public health authority. A program must also provide for extensive monitoring and review by the Oregon Health Authority of local public health authority performance of program services under an intergovernmental agreement.

(3) The Oregon Health Authority shall consult with groups representing local health officials within the state and statewide restaurant associations in the development of rules adopted under this section and prior to preparing an intergovernmental agreement delegating administration and enforcement of all or part of the foodborne illness prevention program to a local public health authority. [2003 c.309 §3; 2007 c.123 §1; 2009 c.595 §1029]

Source: Section 624.495 — Foodborne illness prevention program; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors624.­html (accessed May 26, 2025).
ORS § 619.031 — OR Code / Title 49 / Chapter 619 / Section 619.031
619.031 Animal food slaughtering and processing establishments
Status: in_force

(1) A person may not operate an animal food slaughtering establishment or processing establishment without first obtaining a license for the establishment from the State Department of Agriculture.

(2) The department may adopt rules establishing license fee schedules for establishments licensed under this section. The department may determine the license fee for an establishment based upon the annual gross dollar volume of sales and services by the applicant. In establishing the amount of the license fee for an applicant, the department shall use the annual gross dollar volume of sales and services by that applicant within Oregon during the prior calendar year or, if the applicant maintains sales and service 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 and services for a full calendar year, the department shall base the fee on estimated annual gross sales and services by the applicant. If an applicant whose previous year’s fee was determined using an estimated gross sales and services 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 and services by the applicant. The license shall expire on June 30 next following the date of issuance or on such date as may be specified by department rule.

(3) Except as provided in this subsection, the department may not adopt a rule to establish a license fee that is more than three percent higher than the license fee charged during the preceding year for an establishment of the same type and having the same volume of gross sales and services. 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. Fee schedules adopted under this section may not change the amount of the same license fee more frequently than once each year.

(4) The provisions of ORS 603.025 (Licenses required) (2) and (5), 603.034 (Denial, suspension or revocation of license) (1) and (2), 603.045 (Custom slaughter and processing regulations) (7) and 603.075 (Brand inspection service fee) shall apply to animal food slaughtering establishments or processing establishments. Except as provided in this subsection, the remainder of the provisions of ORS chapter 603 do not apply to such establishments.

(5) Notwithstanding subsection (1) of this section, a person licensed by the department under ORS chapter 603 to slaughter meat animals and subject to federal meat inspection, or a person licensed by the department under ORS chapter 603 to slaughter only poultry and rabbits and subject to federal poultry inspection, or a person licensed by the department under ORS chapter 603 as a nonslaughtering processor may, without being required to obtain an additional license, also sell or dispose of meat products as animal food provided that such licensees also comply with the provisions of subsection (6) of this section, 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) .

(6) In accordance with the provisions of ORS chapter 183, the department may promulgate rules necessary to carry out and enforce any procedures or measures to protect the health of the animals that are fed or intended to be fed the meat products sold or disposed of by animal food slaughtering establishments or processing establishments, and to protect the health of other animals in this state. In addition to the provisions of ORS 619.046 (Rules) , for the purposes of this section the department shall take into consideration:

(a) The provisions of ORS chapter 596.

(b) The procedures necessary to ensure that meat products that are only fit for or destined for animal consumption are not sold for human consumption.

(7) A person licensed as provided by this section:

(a) May not sell, hold or offer for sale any carcass of a meat animal or part thereof that is unfit for or unwholesome as animal food.

(b) May not sell, hold or offer for sale a carcass of a meat animal or part thereof for human consumption.

(c) Shall keep complete and accurate records of the meat animals purchased for slaughter, including but not limited to their description, brands if any, date of purchase and the name and address of the person from whom the animals were purchased.

(d) Shall keep complete and accurate records of the sale of all meat animal carcasses or parts of meat animal carcasses, including the name and address of the purchaser.

(e) Shall comply with the provisions of ORS 619.026 (Meat preparation establishment sanitation requirements) . [1973 c.174 §13; 1975 c.304 §19; 1982 s.s.1 c.4 §6; 1985 c.353 §3; 1991 c.632 §3; 2005 c.735 §§5,6; 2007 c.768 §§25,26; 2012 c.64 §5]

Note: The amendments to 619.031 (Animal food slaughtering and processing establishments) by section 38, 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 3, chapter 386, Oregon Laws 2019, is set forth for the user’s convenience.

619.031 (Animal food slaughtering and processing establishments) . (1) A person may not operate an animal food slaughtering establishment or processing establishment without first obtaining a license for the establishment from the State Department of Agriculture.

(2) The department may adopt rules establishing license fee schedules for establishments licensed under this section. The department may determine the license fee for an establishment based upon the annual gross dollar volume of sales and services by the applicant. In establishing the amount of the license fee for an applicant, the department shall use the annual gross dollar volume of sales and services by that applicant within Oregon during the prior calendar year or, if the applicant maintains sales and service 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 and services for a full calendar year, the department shall base the fee on estimated annual gross sales and services by the applicant. If an applicant whose previous year’s fee was determined using an estimated gross sales and services 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 and services by the applicant. The license shall expire on June 30 next following the date of issuance or on such date as may be specified by department rule.

(3) 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 and services. Fee schedules adopted under this section may not change the amount of the same license fee more frequently than once each year.

(4) The provisions of ORS 603.025 (Licenses required) (2) and (5), 603.034 (Denial, suspension or revocation of license) (1) and (2), 603.045 (Custom slaughter and processing regulations) (7) and 603.075 (Brand inspection service fee) shall apply to animal food slaughtering establishments or processing establishments. Except as provided in this subsection, the remainder of the provisions of ORS chapter 603 do not apply to such establishments.

(5) Notwithstanding subsection (1) of this section, a person licensed by the department under ORS chapter 603 to slaughter meat animals and subject to federal meat inspection, or a person licensed by the department under ORS chapter 603 to slaughter only poultry and rabbits and subject to federal poultry inspection, or a person licensed by the department under ORS chapter 603 as a nonslaughtering processor may, without being required to obtain an additional license, also sell or dispose of meat products as animal food provided that such licensees also comply with the provisions of subsection (6) of this section, 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) .

(6) In accordance with the provisions of ORS chapter 183, the department may promulgate rules necessary to carry out and enforce any procedures or measures to protect the health of the animals that are fed or intended to be fed the meat products sold or disposed of by animal food slaughtering establishments or processing establishments, and to protect the health of other animals in this state. In addition to the provisions of ORS 619.046 (Rules) , for the purposes of this section the department shall take into consideration:

(a) The provisions of ORS chapter 596.

(b) The procedures necessary to ensure that meat products that are only fit for or destined for animal consumption are not sold for human consumption.

(7) A person licensed as provided by this section:

(a) May not sell, hold or offer for sale any carcass of a meat animal or part thereof that is unfit for or unwholesome as animal food.

(b) May not sell, hold or offer for sale a carcass of a meat animal or part thereof for human consumption.

(c) Shall keep complete and accurate records of the meat animals purchased for slaughter, including but not limited to their description, brands if any, date of purchase and the name and address of the person from whom the animals were purchased.

(d) Shall keep complete and accurate records of the sale of all meat animal carcasses or parts of meat animal carcasses, including the name and address of the purchaser.

(e) Shall comply with the provisions of ORS 619.026 (Meat preparation establishment sanitation requirements) .

Source: Section 619.031 — Animal food slaughtering and processing establishments; license fees; application of ORS chapter 603; prohibitions and requirements; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors619.­html (accessed May 26, 2025).
ORS § 632.970 — OR Code / Title 49 / Chapter 632 / Section 632.970
632.970 Misrepresentation of grades and standards for horticultural or agricultural products
Status: in_force

If any quantity of any horticultural or agricultural product has been inspected and a certificate issued under ORS 632.900 (“Horticultural and agricultural products” defined) to 632.940 (Inspection and classification of horticultural and agricultural products by department) and 632.955 (Investigation of complaint of purchaser’s misrepresentation of product) to 632.980 (Improper grading and incorrect certificates prohibited) showing the grade, classification, quality or condition thereof, no person shall represent that the grade, classification, quality or condition of the product at the time and place of the inspection was other than as shown by the certificate. Whenever any standard for the grading or classification of any horticultural or agricultural product becomes effective under ORS 632.900 (“Horticultural and agricultural products” defined) to 632.940 (Inspection and classification of horticultural and agricultural products by department) and 632.955 (Investigation of complaint of purchaser’s misrepresentation of product) to 632.980 (Improper grading and incorrect certificates prohibited) , and any word or words, figure or letter, has been adopted by the State Department of Agriculture to indicate the grade or quality of the horticultural or agricultural product contained in any container or package, no person, firm or corporation shall use any of such words, letters or figures, in connection with any container or package, to represent the grade or quality of the horticultural or agricultural product contained therein, to be sold or offered for sale, if such product does not meet the requirements of the grade indicated by the marking. [Formerly 616.465]

Source: Section 632.970 — Misrepresentation of grades and standards for horticultural or agricultural products; improper use of insignia indicating grade , https://www.­oregonlegislature.­gov/bills_laws/ors/ors632.­html (accessed May 26, 2025).
ORS § 633.700 — OR Code / Title 49 / Chapter 633 / Section 633.700
633.700 Retailer and wholesaler licenses
Status: in_force

(1) A person may not sell, offer or expose for sale in this state, or contract to have produced in this state for commercial purposes, any agricultural, flower or vegetable seeds unless the person holds an unsuspended license issued by the State Department of Agriculture. However, a person is not required to obtain a license if the person is selling only seeds produced by the person or if the person is selling flower or vegetable seeds at retail in packages weighing not more than one-half pound that were prepared for retail sale by a seed company licensed under this section. For the purposes of this section, persons operating more than one branch, plant or warehouse where seeds are sold, offered or exposed for sale shall secure a separate license for each such branch, plant or warehouse.

(2) Any person desiring to sell, offer or expose for sale in this state any agricultural, flower or vegetable seeds, for planting purposes, except as provided in this section, shall make application to the Director of Agriculture for a license for this purpose. The application shall be signed by the applicant or the authorized agent of the applicant and shall be in a form approved by the director. Upon presentation of such signed application for a license and the tendering of the license fee established by the department pursuant to subsection (3) of this section, the department shall issue the license to the applicant. The license shall expire on June 30 next following the date of issuance or on such date as may be specified by department rule.

(3) The department shall establish annual license fees, not to exceed $75 for a retailer’s license and not to exceed $750 for a wholesaler’s license. Only one license shall be required for one person’s operation at one location. [Amended by 1955 c.379 §19; 1957 c.407 §2; 1977 c.625 §2; 1985 c.353 §4; 1989 c.514 §1; 1991 c.288 §1; 1993 c.665

§1; 2003 c.14 §387; 2007 c.281 §15; 2007 c.768 §39; 2011 c.324 §1; 2011 c.356 §16]

Source: Section 633.700 — Retailer and wholesaler licenses; exemption; rules; fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors633.­html (accessed May 26, 2025).
ORS § 633.531 — OR Code / Title 49 / Chapter 633 / Section 633.531
633.531 Labeling vegetable or flower seed weighing one pound or less
Status: in_force

Each container of vegetable seed or flower seed that is sold, offered for sale, exposed for sale or transported within this state and that has a net weight of one pound or less shall be legibly labeled:

(1) With the commonly accepted name of the kind or the kind and variety of the seed.

(2) With the name and address of the person who labeled the seed or who sells, offers or exposes such seed for sale within this state.

(3) With the year for which the seed was packed for sale, or the percentage of germination and the date the test was completed.

(4) In the case of seed that has a percentage of germination less than the standard prescribed by the Director of Agriculture under authority of ORS 633.680 (Establishment of standards of germination) , with:

(a) The percentage of germination.

(b) The percentage of hard seed, if more than one percent.

(c) The month and year the test to determine the data required by this section was completed.

(d) The words “substandard germination” in not less than eight-point boldfaced type.

(5) With the labeling data required by ORS 633.520 (Labeling agricultural seed or bulk flower seed) (12) and (13). [1955 c.379 §4; 1969 c.132 §3; 1995 c.371 §3; 2007 c.281 §3]

Source: Section 633.531 — Labeling vegetable or flower seed weighing one pound or less , https://www.­oregonlegislature.­gov/bills_laws/ors/ors633.­html (accessed May 26, 2025).
ORS § 616.910 — OR Code / Title 49 / Chapter 616 / Section 616.910
616.910 Donations of meat
Status: in_force

The State Department of Agriculture shall adopt rules allowing donations to charitable organizations, including low-income nutritional centers, and to other organizations that offer food for noncommercial purposes, of meat that is:

(1) Processed by a person licensed by the department under ORS chapter 603 to slaughter meat animals and subject to federal meat inspection.

(2) Processed under a federally approved program of state inspection for the processing and sale of meat products from amenable species, as described in ORS 619.042 (Program of state inspection for processing and sale of meat products from amenable species) .

(3) Processed at a custom processing establishment, or slaughtered at a custom slaughtering establishment, pursuant to 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) . [2023 c.153 §1]

Note: 616.910 (Donations of meat) 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 616.910 — Donations of meat; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors616.­html (accessed May 26, 2025).
ORS § 633.462 — OR Code / Title 49 / Chapter 633 / Section 633.462
633.462 Tonnage reports
Status: in_force

(1) A person shall file a semiannual tonnage report with the State Department of Agriculture if the person:

(a) Distributes into this state, from foreign or domestic sources, a fertilizer, agricultural amendment, agricultural mineral or lime product used as an ingredient in the in-state manufacture of a fertilizer, agricultural amendment, agricultural mineral or lime product;

(b) Distributes into this state, from foreign or domestic sources, an end-use fertilizer, agricultural amendment, agricultural mineral or lime product for use within this state; or

(c) Distributes into this state a fertilizer, agricultural amendment, agricultural mineral or lime product composed of ingredients not described under paragraph (a) or (b) of this subsection.

(2) If a person engaged in the business of making distributions described in subsection (1) of this section does not distribute any fertilizer, agricultural amendment, agricultural mineral or lime product into or within this state during a reporting period, the person shall file a semiannual tonnage report declaring that no distribution occurred.

(3) A person shall file a semiannual tonnage report required under this section with the department, on forms provided by the department, setting forth the total tonnage of each product distributed into or within this state during the reporting period. The reporting periods for each year are January 1 through June 30 and July 1 through December 31.

(4) Semiannual tonnage reports and inspection fees imposed under ORS 633.465 (Inspection fees) are due within 30 days after the end of the reporting period. If a person fails to file a semiannual tonnage report or pay an inspection fee on or before the due date:

(a) The department may assess a collection fee of 10 percent of the amount due or $25, whichever is greater; and

(b) Notwithstanding ORS 633.362 (Registration of fertilizer, agricultural amendment, agricultural mineral and lime products) , the department may suspend or deny registration of the product until the report is filed and the fee is paid.

(5) ORS 561.450 (Lien) applies to a person who refuses to pay inspection fees that are due under this section.

(6) A person required to file a semiannual tonnage report under this section shall maintain records and a bookkeeping system that accurately indicate the tonnage of fertilizer, agricultural amendment, agricultural mineral or lime product that is subject to inspection fees. The person shall maintain the records for a period of three years. [2015 c.514 §2]

Source: Section 633.462 — Tonnage reports; records; fee; penalty , https://www.­oregonlegislature.­gov/bills_laws/ors/ors633.­html (accessed May 26, 2025).
ORS § 624.630 — OR Code / Title 49 / Chapter 624 / Section 624.630
624.630 Construction, remodeling requirements
Status: in_force

A person may not construct or extensively remodel a facility subject to licensure under this chapter without first submitting construction or remodeling plans to the Oregon Health Authority and paying a fee to the authority for review of the plans. The fee shall be assessed in the following amounts:

(1) For initial construction:

(a) Of a full service restaurant, $400.

(b) Of a bed and breakfast facility, $190.

(c) Of a commissary, $240.

(d) Of a warehouse, $150.

(e) Of a limited service restaurant, $220.

(f) Of a mobile unit, $400.

(2) For remodeling:

(a) Of a full service restaurant, $225.

(b) Of any facility other than a full service restaurant, $100. [1995 c.578 §11; 2009 c.595 §1034; 2019 c.510 §5]

Source: Section 624.630 — Construction, remodeling requirements; fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors624.­html (accessed May 26, 2025).
ORS § 621.276 — OR Code / Title 49 / Chapter 621 / Section 621.276
621.276 Licensees to show knowledge of and ability to comply with changes in laws or regulations
Status: in_force

(1) When any amendment is made in the laws of this state or new regulations are promulgated relating to a change in the grades of milk or the operation of pasteurizing equipment, the State Department of Agriculture may require any person licensed by the department to demonstrate knowledge and familiarity with the amendments or changes and ability to comply with them.

(2) Any person who becomes subject to the provisions of this section has not less than 30 nor more than 60 days to meet the additional requirements. If, at the expiration of 60 days, the person licensed has not demonstrated knowledge and ability in respect to the additional requirements, the applicable license shall be suspended automatically. [1953 c.686 §25; 1979 c.320 §13; 1999 c.197 §40]

Source: Section 621.276 — Licensees to show knowledge of and ability to comply with changes in laws or regulations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 634.925 — OR Code / Title 49 / Chapter 634 / Section 634.925
634.925 Disposition of penalties collected
Status: in_force

All penalties recovered under ORS 634.900 (Penalty for certain violations) to 634.915 (Schedule for penalty amounts) shall be deposited by the State Treasurer in the Department of Agriculture Service Fund. Such moneys are continuously appropriated to the State Department of Agriculture to be used for information and education related to pesticide application. [1989 c.943 §8]

Source: Section 634.925 — Disposition of penalties collected , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 634.660 — OR Code / Title 49 / Chapter 634 / Section 634.660
634.660 Agencies and universities required to implement integrated pest management
Status: in_force

Each of the following state agencies or public universities shall implement integrated pest management practices when carrying out duties of the agency or public university related to pest control:

(1) State Department of Agriculture.

(2) State Department of Fish and Wildlife.

(3) Department of Transportation.

(4) State Parks and Recreation Department.

(5) State Forestry Department.

(6) Department of Corrections.

(7) Oregon Department of Administrative Services.

(8) Department of State Lands.

(9) Department of Environmental Quality.

(10) Oregon Health Authority.

(11) Each public university listed in ORS 352.002 (Public universities) , for the public university’s own building and grounds maintenance. [1991 c.943 §3; 2003 c.14 §391; 2011 c.637 §277; 2013 c.289 §5]

Note: See note under 634.650 (Definitions for ORS 634.650 to 634.665) .

Source: Section 634.660 — Agencies and universities required to implement integrated pest management , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 621.445 — OR Code / Title 49 / Chapter 621 / Section 621.445
621.445 Restrictions on serving colored butter substitute in public eating place
Status: in_force

(1) In any public eating place serving meals for compensation at which a butter substitute colored to imitate butter is served, the owner or manager shall cause the butter substitute to be served:

(a) In triangular pats or triangular bricks; or

(b) On a parchment paper that is clearly marked or labeled with the words “margarine” or “butter substitute.”

(2) The administration and enforcement of this section is vested in the State Department of Agriculture. [Amended by 1999 c.197 §54]

Source: Section 621.445 — Restrictions on serving colored butter substitute in public eating place , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 635.027 — OR Code / Title 49 / Chapter 635 / Section 635.027
635.027 License required for manufacture of nonalcoholic beverage
Status: in_force

(1) Except as otherwise provided in this chapter, no person shall operate or engage in the business of a nonalcoholic beverage manufacturer without first obtaining and thereafter maintaining a license, or renewal thereof, from the State Department of Agriculture. No license is required of a person who:

(a) Sells nonalcoholic drink or beverage products in or from their original containers at wholesale or retail.

(b) Mixes or sells nonalcoholic products in the usual course of business at a soda fountain.

(c) Engages in the nonalcoholic beverage manufacturing business in a building and uses machinery, equipment and all facilities that have been approved and licensed by the department for use in the processing of fluid milk to be labeled with “grade ‘A’ “ pursuant to ORS chapter 621.

(2) The provisions of subsection (1) of this section do not exempt any person, or the business of the person, from the application of any other provisions of this chapter. [1967 c.154 §3; 2005 c.22 §447]

Source: Section 635.027 — License required for manufacture of nonalcoholic beverage; exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors635.­html (accessed May 26, 2025).
ORS § 634.124 — OR Code / Title 49 / Chapter 634 / Section 634.124
634.124 Noncommercial pesticide applicator license
Status: in_force

(1) An applicant for a noncommercial pesticide applicator license must:

(a) Be at least 18 years of age at the time the license is issued; and

(b) Demonstrate to the satisfaction of the State Department of Agriculture, on a written examination or any reexamination given by the department, an adequate knowledge of:

(A) The characteristics of pesticides and the effect of their application;

(B) The practices of application of pesticides;

(C) The conditions and times of application of pesticides and the precautions to be taken in connection therewith;

(D) The applicable laws and rules relating to pesticides and their application in this state;

(E) Integrated pest management techniques, as defined in ORS 634.650 (Definitions for ORS 634.650 to 634.665) , for pest control;

(F) Best practices for avoiding adverse effects from pesticides on populations of bees and other pollinating insects; and

(G) Other requirements or procedures that will benefit and protect human health and the environment.

(2) Based upon the license application and the request of the applicant, the department may examine the applicant in any one or more of the classes of pest control established by the department under ORS 634.306 (General duties and powers of department) (2).

(3) The fee for a noncommercial pesticide applicator license, including fees for an additional class, shall be the same as the license fee adopted by the department, pursuant to ORS 634.122 (Applicator license) , for a pesticide applicator’s license.

(4) A noncommercial pesticide applicator license shall be:

(a) Valid and used by the licensee only when applying pesticides as authorized by the noncommercial pesticide applicator license; and

(b) Renewed, suspended or revoked in the same manner, under the same provisions and at the same time as other pesticide applicator licenses are renewed, suspended or revoked.

(5) The department is authorized to prepare and maintain various types of examinations and types and schedules of reexaminations and to take all other measures deemed necessary to ensure that persons receiving passing grades have been fairly and reasonably tested as to their ability and that there have been no fraudulent or dishonest means used by the applicants in applying for or in the taking of examinations or reexaminations.

(6) If the department verifies an applicant has received a passing grade on the examination or reexamination and otherwise has complied with the provisions of this chapter, the department shall issue a noncommercial pesticide applicator’s license.

(7) A person acting as a noncommercial pesticide applicator shall prepare and maintain records as required by the department.

(8) A noncommercial pesticide applicator license does not authorize a licensee to work for or be employed by a pesticide operator.

(9) The department may adopt rules to administer the provisions of this chapter pertaining to noncommercial pesticide applicators and noncommercial pesticide trainees. In adopting such rules, the department shall consider the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 136 et seq., or other relevant federal laws or regulations, or relevant provisions of this chapter. [2022 c.53 §2]

Note: 634.124 (Noncommercial pesticide applicator license) was added to and made a part of ORS chapter 634 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 634.124 — Noncommercial pesticide applicator license; fee; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 633.738 — OR Code / Title 49 / Chapter 633 / Section 633.738
633.738 Prohibition of local laws to inhibit or prevent production or use of seeds or products of seeds
Status: in_force

(1) As used in this section:

(a) “Local government” has the meaning given that term in ORS 174.116 (“Local government” and “local service district” defined) .

(b) “Nursery seed” means any propagant of nursery stock as defined in ORS 571.005 (Definitions for ORS 571.005 to 571.230) .

(2) Except as provided in subsection (3) of this section, a local government may not enact or enforce a local law or measure, including but not limited to an ordinance, regulation, control area or quarantine, to inhibit or prevent the production or use of agricultural seed, flower seed, nursery seed or vegetable seed or products of agricultural seed, flower seed, nursery seed or vegetable seed. The prohibition imposed by this subsection includes, but is not limited to, any local laws or measures for regulating the display, distribution, growing, harvesting, labeling, marketing, mixing, notification of use, planting, possession, processing, registration, storage, transportation or use of agricultural seed, flower seed, nursery seed or vegetable seed or products of agricultural seed, flower seed, nursery seed or vegetable seed.

(3) Subsection (2) of this section does not prohibit a local government from enacting or enforcing a local law or measure to inhibit or prevent the production or use of agricultural seed, flower seed, nursery seed or vegetable seed or products of agricultural seed, flower seed, nursery seed or vegetable seed on property owned by the local government. [2013 s.s. c.4 §3]

Source: Section 633.738 — Prohibition of local laws to inhibit or prevent production or use of seeds or products of seeds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors633.­html (accessed May 26, 2025).
ORS § 628.240 — OR Code / Title 49 / Chapter 628 / Section 628.240
628.240 License fees
Status: in_force

(1) An applicant for a refrigerated locker plant license shall pay a license fee to the State Department of Agriculture. The department may adopt rules establishing a license fee for a refrigerated locker plant. 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 fee charged during the preceding year. 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. The department may not change the amount of the refrigerated locker plant license fee more frequently than once each year.

(2) If the license is issued after January 1 but before June 30 of the same year, the license fee shall be one-half of the fee established by the department by rule under subsection (1) of this section.

(3) All fees received by the department under 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) shall be deposited in the Department of Agriculture Service Fund and are continuously appropriated to the department for the purpose of administering and enforcing those sections. [Amended by 1955 c.174 §1; 1979 c.183 §3; 1979 c.499 §26a; 1991 c.632 §7; 2012 c.64 §13]

Note: The amendments to 628.240 (License fees) by section 42, 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 7, chapter 386, Oregon Laws 2019, is set forth for the user’s convenience.

628.240 (License fees) . (1) An applicant for a refrigerated locker plant license shall pay a license fee to the State Department of Agriculture. The department may adopt rules establishing a license fee for a refrigerated locker plant. The department may not adopt or enforce a rule under this section establishing a license fee for a refrigerated locker plant that is higher than the license fee charged for the license year that began July 1, 2025, for a refrigerated locker plant. The department may not change the amount of the refrigerated locker plant license fee more frequently than once each year.

(2) If the license is issued after January 1 but before June 30 of the same year, the license fee shall be one-half of the fee established by the department by rule under subsection (1) of this section.

(3) All fees received by the department under 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) shall be deposited in the Department of Agriculture Service Fund and are continuously appropriated to the department for the purpose of administering and enforcing those sections.

Source: Section 628.240 — License fees; disposition; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors628.­html (accessed May 26, 2025).
ORS § 624.029 — OR Code / Title 49 / Chapter 624 / Section 624.029
624.029 Disposition of fees
Status: in_force

All license fees collected under ORS 624.010 (Definitions for ORS 624.010 to 624.121) to 624.121 (State Food Service Advisory Committee) shall be paid into the General Fund in the State Treasury and placed to the credit of the Public Health Account and such moneys hereby are appropriated continuously and shall be used only for the administration and enforcement of ORS 624.010 (Definitions for ORS 624.010 to 624.121) to 624.121 (State Food Service Advisory Committee) . [Formerly 624.120]

Source: Section 624.029 — Disposition of fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors624.­html (accessed May 26, 2025).
ORS § 634.042 — OR Code / Title 49 / Chapter 634 / Section 634.042
634.042 Unsafe use of certain pesticides on raw agricultural commodities
Status: in_force

(1) Any poisonous or deleterious pesticide or any pesticide which, in the opinion of the State Department of Agriculture, is not generally recognized among experts qualified by scientific training and experience to evaluate the safety of pesticide chemicals as safe for use, added to a raw agricultural commodity, shall be deemed unsafe for the purposes of the application of ORS 616.235 (When food deemed adulterated) (1)(b), unless:

(a) A tolerance for such pesticide chemical in or on the raw agricultural commodity has been prescribed by regulation promulgated by the department and the quantity of such pesticide chemical in or on the raw agricultural commodity is within the limits of the tolerance so prescribed; or

(b) With respect to use in or on such raw agricultural commodity, the pesticide chemical has been exempted from regulation promulgated by the department.

(2) While a tolerance or exemption from tolerance is in effect for a pesticide chemical with respect to any raw agricultural commodity, such raw agricultural commodity shall not, by reason of bearing or containing any added amount of such pesticide chemical, be considered to be adulterated within the meaning of ORS 616.235 (When food deemed adulterated) (1)(a), provided such pesticide chemical or the use of such pesticide chemical is in compliance with the law and regulations promulgated thereunder.

(3) In a fertilizer, agricultural minerals, agricultural amendment or lime mix in which a pesticide is contained, all applicable provisions of this chapter must be complied with. In lieu of the requirements of ORS 634.026 (Pesticide labeling requirements) (1)(c), the label or invoice on a certain mix may show the name and amount of the actual pesticide, together with the total amount of the entire mixture, including the amount of actual pesticide, to be applied to each acre. [1973 c.341 §13; 1979 c.29 §2; 1995 c.79 §325]

Source: Section 634.042 — Unsafe use of certain pesticides on raw agricultural commodities; tolerances and exemptions; applicability to fertilizers, agricultural minerals and lime mix , https://www.­oregonlegislature.­gov/bills_laws/ors/ors634.­html (accessed May 26, 2025).
ORS § 624.145 — OR Code / Title 49 / Chapter 624 / Section 624.145
624.145 Authorization of food place required for third-party food platform to take orders and deliver meals
Status: in_force

(1) As used in this section:

(a) “Food place” means a restaurant as defined in ORS 624.010 (Definitions for ORS 624.010 to 624.121) , or another business engaged in the preparation and service of food for consumption by the general public on or off premises.

(b) “Third-party food platform” means a website, mobile application or other electronic service that:

(A) Posts food place menus, logos or pricing information on the website, mobile application or other electronic service;

(B) Facilitates the ordering of food or beverages for sale to a consumer by a food place; and

(C) Intentionally left blank —Ed.

(i) Delivers, or arranges for the delivery of, the order to the consumer; or

(ii) Arranges for the pickup of the order by the consumer from the food place.

(2) A third-party food platform may not take and arrange for the delivery of an order from a food place without first obtaining the written consent of the food place expressly authorizing the third-party food platform to take orders and deliver meals prepared by the food place. [2021 c.187 §1]

Note: 624.145 (Authorization of food place required for third-party food platform to take orders and deliver meals) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 624 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 624.145 — Authorization of food place required for third-party food platform to take orders and deliver meals , https://www.­oregonlegislature.­gov/bills_laws/ors/ors624.­html (accessed May 26, 2025).
ORS § 621.720 — OR Code / Title 49 / Chapter 621 / Section 621.720
621.720 Testing for milk fat content required
Status: in_force

The State Department of Agriculture shall establish and maintain procedures, systems and plans to carry out and enforce the intent and purposes of ORS 621.730 (Department to provide testing) , 621.740 (Liability for payment of fees) and 621.750 (Sampling and testing) . The department shall make department laboratory facilities, equipment, materials and services available to producers and other persons engaged in the milk industry for the official testing, retesting or duplicate testing of milk for milk fat content by means of the “Babcock Test” or any equally accurate and efficient test approved by the department. [1965 c.474 §2; 1999 c.197 §57]

Source: Section 621.720 — Testing for milk fat content required , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 624.355 — OR Code / Title 49 / Chapter 624 / Section 624.355
624.355 Rules
Status: in_force

The Oregon Health Authority shall make reasonable rules for carrying out the provisions of ORS 624.310 (Definitions for ORS 624.310 to 624.430) to 624.430 (Fee payment) , including but not limited to the following:

(1) Construction and operation of commissaries, mobile units and vending machines.

(2) Water supply adequate in quantity and safe for human consumption.

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

(4) Cleanliness of premises and facilities.

(5) Refrigeration of perishable foods and the wholesomeness of all food and beverage ingredients.

(6) Protection of food, utensils, wrapping and serving materials against dust, dirt and contamination.

(7) Equipment of proper construction and the maintenance of such equipment.

(8) Approved plumbing.

(9) Sanitary facilities for employees in commissaries.

(10) Control and exclusion of insects and rodents.

(11) Labeling of foods or beverages.

(12) Exclusion of vending machines dispensing chemicals, sanitizers, detergents, economic poisons and such other compounds of similar nature from immediate areas where food and beverage vending machines are located.

(13) Approval of plans for commissaries, mobile units and vending machines. [Formerly 624.390]

Source: Section 624.355 — Rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors624.­html (accessed May 26, 2025).
ORS § 618.066 — OR Code / Title 49 / Chapter 618 / Section 618.066
618.066 Department investigation of alleged weights and measures law violations
Status: in_force

(1) The State Department of Agriculture shall investigate complaints made to it concerning violations of ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products) and, upon its own initiative, shall conduct such investigations as it considers appropriate to develop information relating to prevailing procedures in commercial quantity determination and relating to possible violations of ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products) , and in order to promote the general objective of accuracy in the determination and representation of quantity in commercial transactions.

(2) ORS 618.010 (Definitions) to 618.246 (Sale by weight required for certain food products) do not apply to meters for the measurement of electricity, gas or water when operated in a system of a public utility, as defined in ORS 757.005 (Definition of public utility) , or to any associated appliances or accessories. [1973 c.293 §9; 2005 c.22 §420; 2007 c.71 §187]

Source: Section 618.066 — Department investigation of alleged weights and measures law violations; exempt devices , https://www.­oregonlegislature.­gov/bills_laws/ors/ors618.­html (accessed May 26, 2025).
ORS § 633.385 — OR Code / Title 49 / Chapter 633 / Section 633.385
633.385 Department access
Status: in_force

(1) The State Department of Agriculture shall have access at reasonable times to records, premises, materials or conveyances as necessary 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) .

(2) The department may inspect the records, premises, materials or conveyances of the manufacturer, distributor or registrant and may take samples of any fertilizer, agricultural amendment, agricultural mineral or lime product or other substance manufactured, distributed or registered in this state, or samples of other substances, as the department deems necessary 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) .

(3) All sampling and analyses of fertilizer, agricultural amendment, agricultural mineral and lime products, or of other substances, shall be made according to methods approved by the department.

(4) The department may obtain a warrant or subpoena to allow the entry, inspection, sampling or other purposes related to the administration and enforcement of 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 §13; 2009 c.97 §11]

Source: Section 633.385 — Department access; inspection; sampling of products , https://www.­oregonlegislature.­gov/bills_laws/ors/ors633.­html (accessed May 26, 2025).
ORS § 621.311 — OR Code / Title 49 / Chapter 621 / Section 621.311
621.311 Definitions and standards of identity for frozen desserts
Status: in_force

As authorized by ORS 616.230 (Definitions and standards) and 632.900 (“Horticultural and agricultural products” defined) to 632.935 (Adoption of United States standards) , the State Department of Agriculture shall, by rule, establish definitions and standards of identity for frozen desserts. [1961 c.360 §2 (enacted in lieu of 621.310); 1965 c.45 §2; 1985 c.286 §1; 1999 c.197 §44]

Source: Section 621.311 — Definitions and standards of identity for frozen desserts; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors621.­html (accessed May 26, 2025).
ORS § 633.055 — OR Code / Title 49 / Chapter 633 / Section 633.055
633.055 Misbranding commercial feed prohibited
Status: in_force

A person may not distribute misbranded commercial feed. A commercial feed is misbranded:

(1) If its labeling is false or misleading in any particular.

(2) If it is distributed under the name of another feed.

(3) If it is not labeled as required by ORS 633.026 (Labeling requirements for commercial feed) and by rules adopted pursuant to ORS 633.006 (Definitions for ORS 633.006 to 633.089) to 633.089 (Disposition of moneys received by department) .

(4) If it purports to be or is represented as a feed ingredient or as containing a feed ingredient, unless that feed ingredient conforms to the definition of identity, if any, prescribed by rule of the State Department of Agriculture. In adopting rules under this subsection, the department may take into consideration the commonly accepted definitions approved or authorized by:

(a) The United States and other states.

(b) Other recognized agencies or organizations experienced in such matters, such as the Association of American Feed Control Officials.

(5) If any word, statement or other information required by ORS 633.006 (Definitions for ORS 633.006 to 633.089) to 633.089 (Disposition of moneys received by department) or by rule of the department to appear on the label 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. [1961 c.314 §6; 2001 c.137 §7; 2007 c.71 §193]

Source: Section 633.055 — Misbranding commercial feed prohibited; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors633.­html (accessed May 26, 2025).